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(1) For a vessel that carries groups I through IV petroleum oil as its primary cargo, the response resources must include—
(i) Containment boom in a quantity equal to twice the length of the largest vessel involved in the transfer and capable of being deployed at the site of oil transfer operations—
(A) Within 1 hour of detection of a spill, when the transfer is conducted between 0 and 12 miles from the nearest shoreline; or
(B) Within 1 hour plus travel time from the nearest shoreline, based on an on-water speed of 5 knots, when the transfer is conducted over 12 miles up to 200 miles from the nearest shoreline; and
(ii) Oil recovery devices and recovered oil storage capacity capable of being at the transfer site—
(A) Within 2 hours of the detection of a spill during transfer operations, when the transfer is conducted between 0 and 12 miles from the nearest shoreline; or
(B) Within 1 hour plus travel time from the nearest shoreline, based on an on-water speed of 5 knots, when the transfer is conducted over 12 miles up to 200 miles from the nearest shoreline.
(2) For locations of multiple vessel transfer operations, a vessel may identify the same equipment as identified by other vessels, provided that each vessel has ensured access to the equipment through contract or other approved means. Under these circumstances, prior approval by the Coast Guard is not required for temporary changes in the contracted oil spill removal organization under §155.1070(c)(5).
(3) The owner or operator of a vessel conducting transfer operations at a facility required to submit a response plan under 33 CFR 154.1017 is required to plan for and identify the response resources required in paragraph (d)(1) of this section. However, the owner or operator is not required to ensure by contract or other means the availability of such resources.
(e) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, the response resources necessary to respond to a discharge up to the vessel's maximum most probable discharge volume.
(1) These resources must be positioned such that they can arrive at the scene of a discharge within—
(i) 12 hours of the discovery of a discharge in higher volume port areas and the Great Lakes;
(ii) 24 hours of the discovery of a discharge in all rivers and canals, inland, nearshore and offshore areas; and
(iii) 24 hours of the discovery of a discharge plus travel time from shore for open ocean areas.
(2) The necessary response resources include sufficient containment boom, oil recovery devices, and storage capacity for any recovery of up to the maximum most probable discharge planning volume.
(3) The response plan must identify the storage location, make, model, and effective daily recovery capacity of each oil recovery device that is identified for plan credit.
(4) The response resources identified for responding to a maximum most probable discharge must be positioned to be capable of meeting the planned arrival times in this paragraph. The COTP with jurisdiction over the area in which the vessel is operating must be notified whenever the identified response resources are not capable of meeting the planned arrival times.
(f) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, the response resources necessary to respond to discharges up to the worst case discharge volume of the oil cargo to the maximum extent practicable.
(1) The location of these resources must be suitable to meet the response times identified for the applicable geographic area(s) of operation and response tier.
(2) The response resources must be appropriate for—
(i) The capacity of the vessel;
(ii) Group(s) of petroleum oil carried as cargo; and
(iii) The geographic area(s) of vessel operation.
(3) The resources must include sufficient boom, oil recovery devices, and storage capacity to recover the planning volumes.
(4) The response plan must identify the storage location, make, model, and effective daily recovery capacity of each oil recovery device that is identified for plan credit.
(5) The guidelines in Appendix B of this part must be used for calculating the quantity of response resources required to respond at each tier to the worst case discharge to the maximum extent practicable.
(6) When determining response resources necessary to meet the requirements of this paragraph (f)(6), a portion of those resources must be capable of use in close-to-shore response activities in shallow water. The following percentages of the response equipment identified for the applicable geographic area must be capable of operating in waters of 6 feet or less depth:
(i) Open ocean—none.
(ii) Offshore—10 percent.
(iii) Nearshore, inland, Great Lakes, and rivers and canals—20 percent.
(7) Response resources identified to meet the requirements of paragraph (f)(6) of this section are exempt from the significant wave height planning requirements of Table 1 of Appendix B of this part.
(g) Response equipment identified to respond to a worst case discharge must be capable of arriving on scene within the times specified in this paragraph for the applicable response tier in a higher volume port area, Great Lakes, and in other areas. Response times for these tiers from the time of discovery of a discharge are—
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Higher volume port area 12 hrs...... 36 hrs...... 60 hrs
(except tankers in Prince
William Sound covered by
§ 155.1135).
Great Lakes................... 18 hrs...... 42 hrs...... 66 hrs
All other rivers & canals, 24 hrs...... 48 hrs...... 72 hrs
inland, nearshore, and
offshore areas.
Open ocean (plus travel time 24 hrs+..... 48 hrs+..... 72 hrs+
from shore).
------------------------------------------------------------------------
(h) For the purposes of arranging for response resources through contract or other approved means, response equipment identified for Tier 1 plan credit must be capable of being mobilized and enroute to the scene of a discharge within 2 hours of notification. The notification procedures identified in the plan must provide for notification and authorization for mobilization of identified Tier 1 response resources—
(1) Either directly or through the qualified individual; and
(2) Within 30 minutes of a discovery of a discharge or substantial threat of discharge.
(i) Response resources identified for Tier 2 and Tier 3 plan credit must be capable of arriving on scene within the time listed for the applicable tier.
(j) The response plan for a vessel carrying group II or III persistent petroleum oils as a primary cargo that operates in areas with year-round pre-approval for dispersant use may request a credit against up to 25% of the on-water oil recovery capability for each worst case discharge tier necessary to meet the requirements of this subpart. To receive this credit, the vessel owner or operator shall identify in the response plan and ensure, through contract or other approved means, the availability of the dispersants and the necessary resources to apply those agents appropriate for the type of oil carried and to monitor the effectiveness of the dispersants. The extent of the credit will be based on the volumes of dispersant available to sustain operations at manufacturers' recommended dosage rates. Dispersant resources identified for plan credit must be capable of being on scene within 12 hours of discovery of a discharge.
Note: Identification of these resources does not imply that they will be authorized for use. Actual authorization for use during a spill response will be governed by the provisions of the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) and the applicable Area Contingency Plan.
(k)(1) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, the following resources:
(i) A salvage company with expertise and equipment.
(ii) A company with vessel firefighting capability that will respond to casualties in the area(s) in which the vessel will operate.
(2) Vessel owners or operators must identify intended sources of the resources required under paragraph (k)(1) of this section capable of being deployed to the areas in which the vessel will operate. Provider(s) of these services may not be listed in the plan unless they have provided written consent to be listed in the plan as an available resource.
(3) To meet this requirement in a response plan submitted for reapproval on or after February 18, 1998, the identified resources must be capable of being deployed to the port nearest to the area in which the vessel operates within 24 hours of notification.
(l) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, certain response resources required by §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 vessel's largest cargo tank in 24 hours of continuous operation.
(2) These resources must be capable of reaching the locations in which the vessel operates within the stated times following notification:
(i) Inland (except tankers in Prince William Sound covered by §155.1130), nearshore, and Great Lakes waters—12 hours.
(ii) Offshore waters and rivers and canals—18 hours.
(iii) Open ocean waters—36 hours.
(3) For barges operating on rivers and canals as defined in this subpart, the requirements of this paragraph (l)(3) may be met by listing resources capable of meeting the response times in paragraph (l)(2) of this section. Such resources may not be identified in a plan unless the response organization has provided written consent to be listed in a plan as an available resource.
(m) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, response resources necessary to perform shoreline protection operations.
(1) The response resources must include the quantities of boom listed in Table 2 of Appendix B of this part, based on the areas in which the vessel operates.
(2) Vessels that intend to offload their cargo at the Louisiana Offshore Oil Port (LOOP) marine terminal are not required to comply with the requirements of this paragraph when they are within the offshore area and under one of the following conditions:
(i) Approaching or departing the LOOP marine terminal within the LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.
(n) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, an oil spill removal organization capable of effecting a shoreline cleanup operation commensurate with the quantity of emulsified petroleum oil to be planned for in shoreline cleanup operations.
(1) The shoreline cleanup resources required must be determined as described in Appendix B of this part.
(2) Vessels that intend to offload their cargo at the Louisiana Offshore Oil Port (LOOP) marine terminal are not required to comply with the requirements of this paragraph when they are within the offshore area and under one of the following conditions:
(i) Approaching or departing the LOOP marine terminal within the LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.
(o) Appendix B of this part sets out caps that recognize the practical and technical limits of response capabilities for which an individual vessel owner or operator can contract in advance. Table 6 in Appendix B lists the contracting caps that are applicable, as of February 18, 1993, and that are slated to apply on February 18, 1998. The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo, whose required daily recovery capacity exceeds the applicable contracting caps in Table 6, shall identify commercial sources of additional equipment equal to twice the cap listed for each tier or the amount necessary to reach the calculated planning volume, whichever is lower, to the extent that this equipment is available. The equipment so identified must be capable of arriving on scene no later than the applicable tier response times contained in §155.1050(g) or as quickly as the nearest available resource permits. A response plan must identify the specific sources, locations, and quantities of this additional equipment. No contract is required.
(p) The Coast Guard will initiate a review of cap increases and other requirements contained within this subpart that are scheduled to be phased-in over time. Any changes in the requirements of this section will occur through a public notice and comment process.
(1) During this review, the Coast Guard will determine if the scheduled increase remains practicable, and will also establish a specific cap for 2003. The review will include—
(i) Increases in skimming efficiencies and design technology;
(ii) Oil tracking technology;
(iii) High rate response techniques;
(iv) Other applicable response technologies; and
(v) Increases in the availability of private response resources.
(2) All scheduled future requirements will take effect unless the Coast Guard determines that they are not practicable. Scheduled changes will be effective on February 18, 1998 and 2003 unless the review of the additional requirements have not been completed by the Coast Guard. If this occurs, the changes will not be effective until 90 days after publication of a Federal Register notice with the results of the review.
Effective Date Note: By USCG–98–3417, 63 FR 7071, Feb. 12, 1998, §155.1050, paragraph (k)(3), was suspended from Feb. 12, 1998 until Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001, paragraph (k)(3) was suspended from Feb. 12, 2001 until Feb. 12, 2004. At 69 FR 3237, Jan. 23, 2004, paragraph (k)(3) was suspended from Feb. 12, 2004 until Feb. 12, 2007.
§ 155.1052 Response plan development and evaluation criteria for vessels carrying group V petroleum oil as a primary cargo.
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(a) Owners and operators of vessels that carry group V petroleum oil as a primary cargo must provide information in their plan that identifies—
(1) Procedures and strategies for responding to discharges up to a worst case discharge of group V petroleum oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.
(b) Using the criteria in Table 1 of Appendix B of this part, an owner or operator of a vessel carrying group V petroleum oil as a primary cargo must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the vessel operates. When evaluating the operability of equipment, the vessel owner or operator must consider limitations that are identified in the Area Contingency Plans for the COTP zones in which the vessel operates, including—
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo must identify in the response plan and ensure, through contract or other approved means, the availability of required equipment, including—
(1) Sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods for containing oil that may remain floating on the surface or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from the bottom and shoreline; and
(4) Other appropriate equipment necessary to respond to a discharge involving the type of oil carried.
(d) Response resources identified in a response plan under paragraph (c) of this section must be capable of being deployed within 24 hours of discovery of a discharge to the port nearest the area where the vessel is operating. An oil spill removal organization may not be listed in the plan unless the oil spill removal organization has provided written consent to be listed in the plan as an available resource.
(e) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo shall identify in the response plan and ensure the availability of the following resources through contract or other approved means—
(1) A salvage company with appropriate expertise and equipment; and
(2) A company with vessel firefighting capability that will respond to casualties in the area(s) in which the vessel is operating.
(f) Vessel owners or operators must identify intended sources of the resources required under paragraph (e) of this section capable of being deployed to the areas in which the vessel will operate. A company may not be listed in the plan unless the company has provided written consent to be listed in the plan as an available resource. To meet this requirement in a response plan submitted for approval or reapproval on or after February 18, 1998, the vessel owner or operator must identify both the intended sources of this capability and demonstrate that the resources are capable of being deployed to the port nearest to the area where the vessel operates within 24 hours of discovery of a discharge.
(g) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo shall identify in the response plan and ensure the availability of certain resources required by §§155.1035(c)(5)(ii) and 155.1040(c)(5)(i), as applicable, through contract or other approved means.
(1) Resources must include—
(i) Fendering equipment;
(ii) Transfer hoses and connection equipment; and
(iii) Portable pumps and ancillary equipment necessary to offload the vessel's largest cargo tank in 24 hours of continuous operation.
(2) Resources must be capable of reaching the locations in which the vessel operates within the stated times following notification:
(i) Inland, nearshore, and Great Lakes waters—12 hours.
(ii) Offshore waters and rivers and canals—18 hours.
(iii) Open ocean waters—36 hours.
(3) For barges operating in rivers and canals as defined in this subpart, the requirements of this paragraph (g)(3) may be met by listing resources capable of being deployed in an area within the response times in paragraph (g)(2) of this section. A vessel owner or operator may not identify such resources in a plan unless the response organization has provided written consent to be identified in a plan as an available resource.
Effective Date Note: By USCG–98–3417, 63 FR 7071, Feb. 12, 1998, §155.1052, the last sentence in paragraph (f) was suspended from Feb. 12, 1998 until Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001, the last sentence in paragraph (f) was suspended from Feb. 12, 2001 until Feb. 12, 2004. At 69 FR 3237, Jan. 23, 2004, the last sentence in paragraph (f) was suspended from Feb. 12, 2004 until Feb. 12, 2007.
§ 155.1055 Training.
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(a) A response plan submitted to meet the requirements of §155.1035 must identify the training to be provided to persons having responsibilities under the plan, including members of the vessel crew, the qualified individual, and the spill management team. A response plan submitted to meet the requirements of §155.1040 must identify the training to be provided to the spill management team, the qualified individual, and other personnel in §155.1040 with specific responsibilities under the plan including tankermen and members of the towing vessel crew. The training program must differentiate between that training provided to vessel personnel and that training provided to shore-based personnel. Appendix C of this part provides additional guidance regarding training.
(b) A vessel owner or operator shall ensure the maintenance of records sufficient to document this training and make them available for inspection upon request by the Coast Guard. Records must be maintained for 3 years following completion of training. The response plan must identify the location of training records, which must be—
(1) On board the vessel;
(2) With the qualified individual; or
(3) At a U.S. location of the spill management team.
(c) A vessel owner or operator may identify equivalent work experience which fulfills specific training requirements.
(d) The vessel owner or operator shall ensure that any oil spill removal organization identified in a response plan to meet the requirements of this part maintains records sufficient to document training for the organization's personnel. These records must be available for inspection upon request by the Coast Guard. Records must be maintained for 3 years following completion of training.
(e) Nothing in this section relieves the vessel owner or operator from the responsibility to ensure that all private shore-based response personnel are trained to meet the Occupational Safety and Health Administration (OSHA) standards for emergency response operations in 29 CFR 1910.120.
(f) A training plan may be prepared in accordance with Training Elements for Oil Spill Response to satisfy the requirements of this section.
§ 155.1060 Exercises.
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(a) A vessel owner or operator required by §§155.1035 and 155.1040 to have a response plan shall conduct exercise as necessary to ensure that the plan will function in an emergency. Both announced and unannounced exercises must be included. The following are the minimum exercise requirements for vessels covered by this subpart:
(1) Qualified individual notification exercises, which must be conducted quarterly;
(2) Emergency procedures exercises, which must be conducted quarterly;
(3) Shore-based spill management team tabletop exercises, which must be conducted annually. In a triennial period, at least one of these exercises must include a worst case discharge scenario;
(4) Oil spill removal organization equipment deployment exercises, which must be conducted annually; and
(5) An exercise of the entire response plan, which must be conducted every 3 years. The vessel owner or operator shall design the exercise program so that all components of the response plan are exercised at least once every 3 years. All of the components do not have to be exercised at one time; they may be exercised over the 3-year period through the required exercises or through an area exercise.
(b) Annually, at least one of the exercises listed in §155.1060(a) (2) and (4) must be unannounced. An unannounced exercise is one in which the personnel participating in the exercise have not been advised in advance of the exact date, time, and scenario of the exercise.
(c) A vessel owner or operator shall participate in unannounced exercises, as directed by the Coast Guard COTP. The objectives of the unannounced exercises will be to evaluate notifications and equipment deployment for responses to average most probable discharge spill scenarios outlined in vessel response plans. The unannounced exercises will be limited to four per area per year, an area being that geographic area for which a separate and distinct Area Contingency Plan has been prepared, as described in the Oil Pollution Act of 1990. After participating in an unannounced exercise directed by a COTP, the owner or operator will not be required to participate in another unannounced exercise for at least 3 years from the date of the exercise.
(d) A vessel owner or operator shall participate in area exercises as directed by the applicable on-scene coordinator. The area exercises will involve equipment deployment to respond to the spill scenario developed by the exercise design team, of which the vessel owner or operator will be a member. After participating in an area exercise, a vessel owner or operator will not be required to participate in another area exercise for at least 6 years.
(e) The vessel owner or operator shall ensure that adequate exercise records are maintained. The following records are required:
(1) On board the vessel, records of the qualified individual notification exercises and the emergency procedures exercises. These exercises may be documented in the ship's log or may be kept in a separate exercise log.
(2) At the United States' location of either the qualified individual, spill management team, the vessel owner or operator, or the oil spill removal organization, records of exercises conducted off the vessel. Response plans must indicate the location of these records.
(f) Records described in paragraph (e) of this section must be maintained and available to the Coast Guard for 3 years following completion of the exercises.
(g) The response plan submitted to meet the requirements of this subpart must specify the planned exercise program. The plan shall detail the exercise program, including the types of exercises, frequencies, scopes, objectives, and the scheme for exercising the entire response plan every 3 years.
(h) Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the vessel response plan exercise requirements. These guidelines are available from the TASC DEPT Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301–386–5394, stock number USCG-X0241). Compliance with an alternative program that meets the requirements of paragraph (a) of this section and has been approved under §155.1065 will also satisfy the vessel response plan exercise requirements.
Note to paragraph (h): The PREP guidelines are available online at http://dmses.dot.gov/docimages/pdf1a/198001_web.pdf
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as amended by 68 FR 37741, June 25, 2003]
§ 155.1062 Inspection and maintenance of response resources.
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(a) The owner or operator of a vessel required to submit a response plan under this part must ensure that—
(1) Containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan are periodically inspected and maintained in good operating condition, in accordance with manufacturer's recommendations and best commercial practices; and
(2) All inspections and maintenance are documented and that these records are maintained for 3 years.
(b) For equipment which must be inspected and maintained under this section the Coast Guard may—
(1) Verify that the equipment inventories exist as represented;
(2) Verify the existence of records required under this section;
(3) Verify that the records of inspection and maintenance reflect the actual condition of any equipment listed or referenced; and
(4) Inspect and require operational tests of equipment.
(c) This section does not apply to containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan and ensured available through the written consent of an oil spill removal organization, as described in the definition of “contract or other approved means” at §155.1020.
§ 155.1065 Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal.
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(a) An owner or operator of a vessel to which this subpart applies shall submit one complete English language copy of a vessel response plan to Commandant (G-MOR), Coast Guard, 2100 Second Street SW., Washington, DC 20593–0001. The plan must be submitted at least 60 days before the vessel intends to handle, store, transport, transfer, or lighter oil in areas subject to the jurisdiction of the United States.
(b) The owner or operator shall include a statement certifying that the plan meets the applicable requirements of subparts D, E, F, and G of this part and shall include a statement indicating whether the vessel(s) covered by the plan are manned vessels carrying oil as a primary cargo, unmanned vessels carrying oil as a primary cargo, or vessels carrying oil as a secondary cargo.
(c) If the Coast Guard determines that the plan meets all requirements of this subpart, the Coast Guard will notify the vessel owner or operator with an approval letter. The plan will be valid for a period of up to 5 years from the date of approval.
(d) If the Coast Guard reviews the plan and determines that it does not meet all of the requirements, the Coast Guard will notify the vessel owner or operator of the response plan's deficiencies. The vessel owner or operator must then resubmit the revised plan, or corrected portions of the plan, within the time period specified in the written notice provided by the Coast Guard.
(e) For those vessels temporarily authorized under §155.1025 to operate without an approved plan pending formal Coast Guard approval, the deficiency provisions of §155.1070(c), (d), and (e) will also apply.
(f) When the owner or operator of a vessel believes that national planning criteria contained elsewhere in this part are inappropriate to the vessel for the areas in which it is intended to operate, the owner or operator may request acceptance of alternative planning criteria by the Coast Guard. Submission of a request must be made 90 days before the vessel intends to operate under the proposed alternative and must be forwarded to the COTP for the geographic area(s) affected.
(g) An owner or operator of a United States flag vessel may meet the response plan requirements of Regulation 26 of MARPOL 73/78 and subparts D, E, F, and G of this part by stating in writing, according to the provisions of §155.1030(j), that the plan submitted is intended to address the requirements of both Regulation 26 of MARPOL 73/78 and the requirements of subparts D, E, F, and G of this part.
(h) Within 21 days of notification that a plan is not approved, the vessel owner or operator may appeal that determination to the Assistant Commandant for Marine Safety, Security and Environmental Protection. This appeal must be submitted in writing to Commandant (G-M), Coast Guard, 2100 Second Street SW., Washington, DC 20593–0001.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96–026, 61 FR 33666, June 28, 1996; CGD 97–023, 62 FR 33364, June 19, 1997; USCG–2002–12471, 67 FR 41333, June 18, 2002]
§ 155.1070 Procedures for plan review, revision, amendment, and appeal.
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(a) A vessel response plan must be reviewed annually by the owner or operator.
(1) This review must occur within 1 month of the anniversary date of Coast Guard approval of the plan.
(2) The owner or operator shall submit any plan amendments to the Coast Guard for information or approval. Revisions to a plan must include a cover page that provides a summary of the changes being made and the pages being affected. Revised pages must further include the number of the revision and date of that revision.
(3) Any required changes must be entered in the plan and noted on the record of changes page. The completion of the annual review must also be noted on the record of changes page.
(b) The owner or operator of a vessel covered by subparts D, E, F, and G of this part shall resubmit the entire plan to the Coast Guard for approval—
(1) Six months before the end of the Coast Guard approval period identified in §155.1065(c); and
(2) Whenever there is a change in the owner or operator of the vessel, if that owner or operator provided the certifying statement required by §155.1065(b). If this change occurs, a new statement certifying that the plan continues to meet the applicable requirements of subparts D, E, F, and G of this part must be submitted.
(c) Revisions or amendments to an approved response plan must be submitted for approval by the vessel's owner or operator whenever there is—
(1) A change in the owner or operator of the vessel, if that owner or operator is not the one who provided the certifying statement required by §155.1065(b);
(2) A change in the vessel's operating area that includes ports or geographic area(s) not covered by the previously approved plan. A vessel may operate in an area not covered in a previously approved plan upon receipt of written acknowledgment by the Coast Guard that a new geographic-specific appendix has been submitted for approval by the vessel's owner or operator and the certification required in §155.1025(c) has been provided;
(3) A significant change in the vessel's configuration that affects the information included in the response plan;
(4) A change in the type of oil cargo carried aboard (oil group) that affects the required response resources, except as authorized by the COTP for purposes of assisting in an oil spill response activity;
(5) A change in the identification of the oil spill removal organization(s) or other response related resource required by §§155.1050, 155.1052, 155.1230, or 155.2230, as appropriate, except an oil spill removal organization required by §155.1050(d) which may be changed on a case by case basis for an oil spill removal organization previously classified by the Coast Guard which has been ensured available by contract or other approved means;
(6) A significant change in the vessel's emergency response procedures;
(7) A change in the qualified individual;
(8) The addition of a vessel to the plan. This change must include the vessel-specific appendix required by this subpart and the owner or operator's certification required in §155.1025(c); or
(9) Any other significant changes that affect the implementation of the plan.
(d) Thirty days in advance of operation, the owner or operator shall submit any revision or amendments identified in paragraph (c) of this section. The certification required in §155.1065(b) must be submitted along with the revisions or amendments.
(e) The Coast Guard may require a vessel owner or operator to revise a response plan at any time if it is determined that the response plan does not meet the requirements of this subpart. The Coast Guard will notify the vessel owner or operator in writing of any deficiencies and any operating restrictions. Deficiencies must be corrected and submitted for acceptance within the time period specified in the written notice provided by the Coast Guard or the plan will be declared invalid and any further storage, transfer, handling, transporting or lightering of oil in areas subject to the jurisdiction of the United States will be in violation of section 311(j)(5)(E) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).
(f) A vessel owner or operator who disagrees with a deficiency determination may submit a petition for reconsideration to Assistant Commandant for Marine Safety, Security and Environmental Protection, Commandant (G-M), Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593–0001 within the time period required for compliance or within 7 days from the date of receipt of the Coast Guard notice of a deficiency determination, whichever is less. After considering all relevant material presented, the Coast Guard will notify the vessel owner or operator of the final decision.
(1) Unless the vessel owner or operator petitions for reconsideration of the Coast Guard's decision, the vessel's owner or operator must correct the response plan deficiencies within the period specified in the Coast Guard's initial determination.
(2) If the vessel owner or operator petitions the Coast Guard for reconsideration, the effective date of the Coast Guard notice of deficiency determination may be delayed pending a decision by the Coast Guard. Petitions to the Coast Guard must be submitted in writing, via the Coast Guard official who issued the requirement to amend the response plan, within 5 days of receipt of the notice.
(g) Except as required in paragraph (c) of this section, amendments to personnel and telephone number lists included in the response plan do not require prior Coast Guard approval.
(h) The Coast Guard and all other holders of the response plan shall be advised of any revisions to personnel and telephone numbers and provided a copy of these revisions as they occur.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96–026, 61 FR 33666, June 28, 1996; CGD 97–023, 62 FR 33364, June 19, 1997; USCG–2002–12471, 67 FR 41333, June 18, 2002]
Subpart E—Additional Response Plan Requirements for Tankers Loading Cargo at a Facility Permitted Under the Trans-Alaska Pipeline Authorization Act
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Source: CGD 91–034, 61 FR 1097, Jan. 12, 1996, unless otherwise noted.
§ 155.1110 Purpose and applicability.
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(a) This subpart establishes oil spill response planning requirements for an owner or operator of a tanker loading cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act (TAPAA) (43 U.S.C. 1651 et seq.) in Prince William Sound, Alaska, in addition to the requirements of subpart D of this part. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process, they are not performance standards.
(b) The information required in this subpart must be included in a Prince William Sound geographic-specific appendix to the vessel response plan required by subpart D of this part.
§ 155.1115 Definitions.
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Except as provided in this section, the definitions in §155.1020 apply to this subpart.
Prince William Sound means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchinbrook Entrance out to and encompassing Seal Rock.
§ 155.1120 Operating restrictions and interim operating authorization.
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The owner or operator of a tanker to which this subpart applies may not load cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act unless the requirements of this subpart and §155.1025 have been met. The owner or operator of such a tanker shall certify to the Coast Guard that they have provided, through an oil spill removal organization required by §155.1125, the necessary response resources to remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater, in Prince William Sound, AK.
§ 155.1125 Additional response plan requirements.
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(a) The owner or operator of a tanker subject to this subpart shall include the requirements of this section in the Prince William Sound geographic-specific appendix required by subpart D of this part.
(1) The response plan must include identification of an oil spill removal organization that shall—
(i) Perform response activities;
(ii) Provide oil spill removal and containment training, including training in the operation of prepositioned equipment, for personnel, including local residents and fishermen, from the following locations in Prince William Sound—
(A) Valdez;
(B) Tatitlek;
(C) Cordova;
(D) Whittier;
(E) Chenega; and
(F) Fish hatcheries located at Port San Juan, Main Bay, Esther Island, Cannery Creek, and Solomon Gulch.
(iii) Consist of sufficient numbers of trained personnel with the necessary technical skills to remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;
(iv) Provide a plan for training sufficient numbers of additional personnel to remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater; and
(v) Address the responsibilities required in §155.1035(d)(4).
(2) The response plan must include exercise procedures that must—
(i) Provide two exercises of the oil spill removal organization each year to ensure prepositioned equipment and trained personnel required under this subpart perform effectively;
(ii) Provide for both announced and unannounced exercises; and
(iii) Provide for exercises that test either the entire appendix or individual components.
(3) The response plan must identify a testing, inspection, and certification program for the prepositioned response equipment required in §155.1130 that must provide for—
(i) Annual testing and equipment inspection in accordance with the manufacturer's recommended procedures, to include—
(A) Start-up and running under load of all electrical motors, pumps, power packs, air compressors, internal combustion engines, and oil recovery devices; and
(B) Removal of no less than one-third of required boom from storage annually, such that all boom will have been removed and examined within a period of 3 years;
(ii) Records of equipment tests and inspection; and
(iii) Use of an independent entity to certify that the equipment is on-site and in good operating condition and that required tests and inspections have been performed. The independent entity must have appropriate training and expertise to provide this certification.
(4) The response plan must identify and give the location of the prepositioned response equipment required in §155.1130 including the make, model, and effective daily recovery rate of each oil recovery resource.
(b) The owner or operator shall submit to the COTP for approval, no later than September 30th of each calendar year, a schedule for the training and exercises required by the geographic-specific appendix for Prince William Sound for the following calendar year.
(c) All records required by this section must be available for inspection by the Coast Guard and must be maintained for a period of 3 years.
§ 155.1130 Requirements for prepositioned response equipment.
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The owner or operator of a tanker subject to this subpart shall provide the following prepositioned response equipment, located within Prince William Sound, in addition to that required by §155.1035:
(a) On-water recovery equipment with a minimum effective daily recovery capacity of 30,000 barrels, capable of being on scene within 6 hours of notification of a discharge.
(b) On-water storage capacity of 100,000 barrels, capable of being on scene within 6 hours of notification of a discharge.
(c) Additional on-water recovery equipment with a minimum effective daily recovery capacity of 40,000 barrels capable of being on scene within 18 hours of notification of a discharge.
(d) On-water storage capacity of 300,000 barrels for recovered oily material, capable of being on scene within 24 hours of notification of a discharge.
(e) On-water oil recovery devices and storage equipment located in communities and at strategic locations.
(f) For sufficient protection of the environment in the locations identified in §155.1125(a)(1)(ii)—
(1) Boom appropriate for the specific locations;
(2) Sufficient boats to deploy boom and sorbents;
(3) Sorbents including booms, sweeps, pads, blankets, drums and plastic bags;
(4) Personnel protective clothing and equipment;
(5) Survival equipment;
(6) First aid supplies;
(7) Buckets, shovels, and various other tools;
(8) Decontamination equipment;
(9) Shoreline cleanup equipment;
(10) Mooring equipment;
(11) Anchored buoys at appropriate locations to facilitate the positioning of defensive boom; and
(12) Other appropriate removal equipment for the protection of the environment as identified by the COTP.
(g) For each oil-laden tanker, an escorting response vessel which is fitted with skimming and on board storage capabilities practicable for the initial oil recovery planned for a cleanup operation, as identified by the oil spill removal organization.
(h) Lightering resources required in §155.1050(l) capable of arriving on scene within 6 hours of notification of a discharge.
§ 155.1135 Response plan development and evaluation criteria.
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For tankers subject to this subpart, the following response times must be used in determining the on-scene arrival time in Prince William Sound, for the response resources required by §155.1050:
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Tier 1 Tier 2 Tier 3
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Prince William Sound.......... 12 hrs...... 24 hrs...... 36 hrs
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§ 155.1145 Submission and approval procedures.
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An appendix prepared under this subpart must be submitted and approved in accordance with §155.1065.
§ 155.1150 Plan revision and amendment procedures.
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An appendix prepared and submitted under this subpart must be revised and amended, as necessary, in accordance with §155.1070.
Subpart F—Response plan requirements for vessels carrying animal fats and vegetable oils as a primary cargo
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Source: CGD 91–034, 61 FR 1098, Jan. 12, 1996, unless otherwise noted.
§ 155.1210 Purpose and applicability.
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This subpart establishes oil spill response planning requirements for an owner or operator of a vessel carrying animal fats and vegetable oils as a primary cargo. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards.
§ 155.1225 Response plan submission requirements.
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An owner or operator of a vessel carrying animal fats and vegetable oils as a primary cargo shall submit a response plan in accordance with the requirements of this subpart, and with all sections of subpart D of this part, except §§155.1050 and 155.1052.
§ 155.1230 Response plan development and evaluation criteria.
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(a) Owners and operators of vessels that carry animal fats or vegetable oils as a primary cargo must provide information in their plan that identifies—
(1) Procedures and strategies for responding to a worst case discharge of animal fats or vegetable oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to contain, recover, and mitigate such a discharge.
(b) An owner or operator of a vessel carrying animal fats or vegetable oils as a primary cargo must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the vessel operates using the criteria in Table 1 of Appendix B of this part. When evaluating the operability of equipment, the vessel owner or operator must consider limitations that are identified in the Area Contingency Plans for the COTP zones in which the vessel operates, including—
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a vessel carrying animal fats or vegetable oils as a primary cargo must identify in the response plan and ensure, through contract or other approved means, the availability of required equipment including—
(1) Containment boom, sorbent boom, or other methods for containing oil floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of animal fats or vegetable oils carried; and
(3) Other appropriate equipment necessary to respond to a discharge involving the type of animal fats or vegetable oils carried.
(d) Response resources identified in a response plan under paragraph (c) of this section must be capable of arriving on-scene within the applicable Tier 1 response times specified in this paragraph. An oil spill removal organization may not be listed in the plan unless the organization has provided written consent to be listed in the plan as an available resource. Response times from the time of discovery of a discharge are as follows:
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Tier 1 Tier 2 Tier 3
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Higher volume port area....... 12 hrs...... N/A......... N/A
Great Lakes................... 18 hrs...... N/A......... N/A
All other rivers and canals, 24 hrs...... N/A......... N/A
inland, nearshore, and
offshore areaas.
Open ocean (plus travel time 24 hrs+..... N/A......... N/A
from shore).
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(e) The owner or operator of a vessel carrying animal fats or vegetable oils as a primary cargo must identify in the response plan and ensure the availability of the following resources through contract or other approved means:
(1) A salvage company with appropriate expertise and equipment.
(2) A company with vessel firefighting capability that will respond to casualties in the area(s) in which the vessel is operating.
(f) Vessel owners or operators must identify intended sources of the resources required under paragraph (e) of this section capable of being deployed to the areas in which the vessel will operate. A company may not be listed in the plan unless the company has provided written consent to be listed in the plan as an available resource. To meet this requirement in a response plan submitted for approval or reapproval on or after February 18, 1998, the vessel owner or operator must identify both the intended sources of this capability and demonstrate that the resources are capable of being deployed to the port nearest to the area where the vessel operates within 24 hours of discovery of a discharge. (continued)