33 C.F.R. § 155.1050 Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo.
Title 33 - Navigation and Navigable Waters
(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 response plan 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. (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— (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 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.
Title 33: Navigation and Navigable Waters
PART 155—OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS
Subpart D—Tank Vessel Response Plans for Oil
§ 155.1050 Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo.
------------------------------------------------------------------------ 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 hrsAll 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).------------------------------------------------------------------------
