Shipboard Oil Pollution Emergency Plans; Proposed Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: The Coast Guard proposes regulations to require all U.S. flag

oil tankers of 150 gross tons and above and all other U.S. flag ships

of 400 gross tons and above, to carry approved shipboard oil pollution

emergency plans. These regulations would also require foreign oil

tankers of 150 gross tons and above and other foreign ships of 400

gross tons and above, to carry evidence of compliance with Regulation

26 when in the navigable waters of the United States. This proposal

would implement the requirements of Regulation 26 of Annex I of the

International Convention for the Prevention of Pollution from Ships,

1973, as modified by the Protocol of 1978, as amended (MARPOL 73/78).

The purpose of Regulation 26 is to improve response capabilities and

minimize the environmental impact of oil discharges from ships.

DATES: Comments must be received on or before April 18, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 93-030), U.S. Coast Guard

Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, or

may be delivered to room 3406 at the same address between 8 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477. Comments on collection of information

requirements must be mailed also to the Office of Information and

Regulatory Affairs, Office of Management and Budget, 725 17th Street

NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection and copying in room 3406, U.S. Coast Guard

Headquarters.

FOR FURTHER INFORMATION CONTACT:Ms. Jacqueline L. Sullivan, Project

Counsel and Project Manager, Oil Pollution Act (OPA 90) Staff (G-MS),

(202) 267-6404, between 7 a.m. and 3:30 p.m., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 93-030) and the specific section of this

proposal to which each comment applies, and give the reason for each

comment. The Coast Guard requests that all comments and attachments be

submitted in an unbound format suitable for copying and electronic

filing. If not practical, a second copy of any bound material is

requested. Persons wanting acknowledgment of receipt of comments should

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal after reviewing the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The principal person involved in drafting this document is Ms.

Jacqueline L. Sullivan, Project Counsel and Project Manager.

Background and Purpose

MARPOL 73/78

The Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)

(the Act) authorizes the Coast Guard to administer and enforce Annex I

of the International Convention for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol of 1978, as amended (MARPOL

73/78). Annex I of MARPOL 73/78 is entitled ``Regulations for the

Prevention of Pollution by Oil'' and is designed to prevent the

discharge of oil into the marine environment. MARPOL 73/78 defines oil

as petroleum in any form, including crude oil, fuel oil, sludge, oil

refuse and refined products; it does not include animal or vegetable

based oil or noxious liquid substances.

Regulation 26

The Marine Environment Protection Committee (MEPC) of the

International Maritime Organization (IMO) adopted Regulation 26 of

Annex I of MARPOL 73/78 at its 31st session in July 1991. Regulation 26

requires every oil tanker of 150 gross tons and above and every other

ship of 400 gross tons and above to carry on board a shipboard oil

pollution emergency plan approved by its flag state. This requirement

entered into force for party states, including the United States, on

April 4, 1993, for new ships and enters into force on April 4, 1995,

for existing ships.

The 32nd session of IMO in March 1992 adopted a set of guidelines

(Resolution MEPC.54(32)) with more specific information for the

preparation of shipboard oil pollution emergency plans. The guidelines

are intended to assist parties to Annex I of MARPOL 73/78 in developing

regulations for domestic implementation of Regulation 26, and are the

basis of this proposal.

Shipboard Oil Pollution Emergency Plans

Regulation 26 requires that plans be prepared according to the

guidelines developed by IMO and written in the working language of the

ship's master and officers. Plans must consist at least of--

(1) The procedure to be followed by the master or other persons

having charge of the ship to report an oil pollution incident, as

required in article 8 and Protocol I of MARPOL 73/78;

(2) The list of authorities or persons to be contacted in the event

of an oil pollution incident;

(3) A detailed description of the actions to be taken immediately

by persons on board to reduce or control the discharge of oil following

the incident; and

(4) The procedures and point of contact on the ship for

coordinating shipboard activities with national and local authorities

in responding to the pollution.

The Regulation 26 guidelines expand on the four mandatory

provisions of Regulation 26, and also address the following non-

mandatory provisions: Plans and diagrams, ship-carried response

equipment, public affairs, recordkeeping, plan review, and plan

testing.

Definitions

The proposed regulations would be inserted in part 151 of title 33

of the Code of Federal Regulations (CFR), which implements other

provisions of MARPOL 73/78. Most of the terms used in the proposal are

currently defined in 33 CFR 151.05. Some of the more important

definitions are repeated here as an aid to understanding this proposal.

Ship means a vessel of any type whatsoever, operating in the marine

environment. This includes hydrofoils, air-cushion vehicles,

submersibles, floating craft whether self-propelled or not, and fixed

or floating drilling rigs and other platforms.

Oceangoing ship means a ship that--

(1) Is operated under the authority of the United States and

engages in international voyages;

(2) Is operated under the authority of the United States and is

certificated for ocean service;

(3) Is operated under the authority of the United States and is

certificated for coastwise service beyond 3 miles from land;

(4) Is operated under the authority of the United States and

operates at any time seaward of the outermost boundary of the

territorial sea of the United States as defined in 33 CFR 2.05; or

(5) Is operated under the authority of a country other than the

United States.

The term ``oceangoing'' ship is used to apply MARPOL 73/78

requirements in 33 CFR parts 151 and 155, while the term ``seagoing''

ship is used in 33 CFR part 157. Both terms have been used to implement

the Act, which applies Annexes I and II of MARPOL 73/78 only to

``seagoing'' vessels in 33 U.S.C. 1903. For the purposes of this

proposed regulation, the two terms are synonymous.

Oil tanker means a ship constructed or adapted primarily to carry

oil in bulk in its cargo spaces and includes combination carriers and

any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it

is carrying a cargo or part cargo of oil in bulk.

The proposed regulations define the following terms:

New ship means a ship delivered on or after April 4, 1993.

Shipboard oil pollution emergency plan means a plan prepared,

submitted, and maintained according to the provisions proposed in

Secs. 151.26 through 151.28 of this NPRM for United States ships; or

maintained according to the provisions proposed in Sec. 151.29(a) of

this NPRM for foreign ships operated under the authority of a country

that is party to MARPOL 73/78 while in the navigable waters of the

United States.

Discussion of Proposed Amendments

The proposed regulations would apply to U.S. ships because the Act

requires the Coast Guard to prescribe regulations implementing

shipboard oil pollution emergency plans for ships of U.S. registry or

nationality, or operating under the authority of the United States. In

addition, the proposal would apply to Mobile Offshore Drilling Units

(MODUs) only when they are not engaged in their primary mode of

operation. Any fixed or floating drill rigs, or other offshore

installations when engaged in the exploration, exploitation, or

associated offshore processing of seabed mineral resources, which have

oil pollution emergency plans approved by another Federal or State

agency will be considered to be in compliance with Regulation 26.

Foreign ships operating in U.S. waters must also comply with

Regulation 26. Ships of foreign countries that are party to MARPOL 73/

78 must have a plan approved by their flag state.

Although only 10 percent of the world's tonnage belongs to states

not party to Annex I of MARPOL 73/78, 33 U.S.C. 1902(c) requires that

regulations be written to ensure that the ships of non-party states do

not receive more favorable treatment than vessels of parties to MARPOL

73/78. In accordance with 33 CFR 151.21, these ships must comply with

MARPOL 73/78, and carry evidence of such compliance issued by the

government of a country that is party to MARPOL or by a recognized

classification society. The Coast Guard may review the shipboard oil

pollution emergency plans of these ships.

Regulation 26 does not apply to warships; naval auxiliary ships; or

other ships owned or operated by a country when engaged in

noncommercial service. In addition, the proposed regulation would

exempt barges or other ships which are so constructed or operated that

no oil can be discharged from any portion thereof, intentionally or

unintentionally, including but not limited to, oil discharged as the

result of the ships' casualties. This exemption is consistent with

similar exemptions from certain MARPOL Annex I based requirements under

33 CFR parts 151 and 155. See 33 CFR Secs. 151.17(d), 151.25(1),

155.350(c), and 155.370(e).

In accordance with 33 CFR 151.09, Canadian and U.S. ships operated

exclusively on the Great Lakes or their connecting and tributary

waters, or exclusively on the internal waters of the U.S. are not

required to comply with MARPOL 73/78. This proposed regulations

preserves the exclusion of ships operating exclusively in these waters.

However, Canada recently acceded in Annexes I and II of MARPOL 73/78

and may apply MARPOL 73/78 requirements to ships in Canadian waters.

Consequently, the Coast Guard is reconsidering whether Annexes I and II

of MARPOL 73/78, including Regulation 26 provisions, should apply to

ships operating in these waters. The Coast Guard solicits comments on

the following questions pertaining to ships operating exclusively on

the Great Lakes of North America or their connecting and tributary

waters:

1. What will be the economic impact of requiring these ships to

prepare, submit, and maintain shipboard oil pollution emergency plans?

2. Would an effective date of April 5, 1995, provide an owner of

operator of a ship adequate time to prepare and submit a shipboard oil

pollution emergency plan?

3. What will be the economic impact of these regulations on ``small

entities,'' under section 605(b) of the Regulatory Flexibility Act (5

U.S.C. 605(b))?

Comments are not limited to the above and are invited on any aspect

of implementing Regulation 26 on the Great Lakes.

This proposal addresses only the four mandatory provisions of

Regulation 26 that must be included in shipboard emergency response

plans: (1) An outline of procedures for reporting pollution incidents,

(2) a list of authorities or persons to be contacted in the event of an

incident, (3) a detailed description of the actions to be taken

immediately by persons on board to reduce or control discharge of oil

following an incident, and (4) a procedure for coordinating response

efforts with national and local authorities. The four mandatory

provisions of Regulation 26 are the basic items necessary for plans to

serve as a tool for shipowners.

Proposed Sec. 151.26(b)(6)(ii)(A) of this NPRM would require each

plan to include a separate appendix listing agencies or officials of

coastal state administrations responsible for receiving and processing

incident reports. The list issued by the MEPC as MEPC/Circ.267 may

assist shipowners in complying with this provision. Although inclusion

of the MEPC list, or a similar successor list issued by IMO, is not

mandated by the proposed regulation, its use would be considered prime

facie evidence of compliance with this requirement for enforcement

purposes. If a shipowner includes an alternate list in the plan, it

should contain comparable information.

The non-mandatory provisions of the Regulation 26 guidelines

provide guidance on additional information that could be included in

the shipboard oil pollution emergency plans, such as diagrams, response

equipment, public affairs practices, recordkeeping, regular plan review

by the shipowner and exercising. The Coast Guard is soliciting comments

on whether plans should be required to address any or all of the non-

mandatory provisions, particularly those addressing response equipment,

plan review, and plan testing.

This proposed regulation would require a shipowner to prepare and

submit two English language copies of its plan to the Captain of the

Port (COTP) or Officer in Charge, Marine Inspection (OCMI) at the

ship's home port for review and approval. The approval period for the

plan is five years. When the approval period expires, the shipowner

would be required to resubmit the entire plan for review and

reapproval. The proposed regulation would also require a shipowner to

review its plan annually and submit a letter to the COTP or OCMI at the

ship's home port certifying that the review has been completed.

Some of the provisions in this proposed regulation are similar to

those of the vessel response plan (VRP) interim final rule (IFR) (58 FR

7376; February 5, 1993) issued under the Oil Pollution Act of 1990 (OPA

90) (Pub. L. 101-380). The OPA 90 VRP IFR establishes requirements for

tank vessels which include many of the non-mandatory provisions of the

Regulation 26 guidelines, in addition to many of the mandatory

provisions. Like the VRP IFR, this proposed regulation would require

resubmission of shipboard oil pollution emergency plans every five

years. However, differences between this proposed regulation and the

VRP IFR remain. Some of the more important differences include the

following:

(1) This proposed regulation would apply to oil tankers of 150

gross tons and above and other ships of 400 gross tons and above, while

the VRP IFR requirements apply to all tank vessels which carry oil in

bulk as cargo, regardless of size;

(2) This proposed regulation would require the creation and

maintenance of a list of contacts in all regular ports of call

worldwide. The VRP IFR requires a complete geographic-specific listing

of contacts and response resources for U.S. ports only.

(3) This proposed regulation would require planning the response to

all oil discharges, including the ship's fuel oil, while the VRP IFR

applies only to oil carried in bulk as cargo.

(4) This proposed regulation would require procedures and a point

of contact on the ship for coordinating response action with shore-

based authorities. The VRP IFR generally requires more structured

(formalized) arrangements with response organizations in all U.S. ports

of call, as well as a shore-based qualified individual to obligate

funds on the part of the shipowner or operator.

Tank vessel owners or operators may find it helpful to refer to

Sec. 155.1030 of the VRP IFR for additional requirements. The VRP IFR

allows for the submission of a vessel response plan which complies with

both sets of response plan requirements. This proposed regulation would

require a combined shipboard oil pollution emergency plan and vessel

response plan to be submitted to Coast Guard Headquarters for review

and approval. To facilitate compliance, the approval period is the same

for both plans.

For foreign flag tank vessels operating in U.S. waters, the OPA 90

VRP requirements may be considered a local requirement under section

3.1 of the guidelines issued as Resolution MEPC.54(32), and may be

included as an appendix to a Regulation 26 plan.

On March 5, 1993, the Coast Guard released Navigation and Vessel

Inspection Circular (NVIC) No. 2-93 to provide guidance to the affected

community on compliance before Regulation 26 became effective for new

ships on April 4, 1993. The NVIC has no regulatory force; it simply

provides guidance pending the issuance of regulations. The Coast Guard

also issued Change 1 to NVIC 2-93 on July 28, 1993, providing

shipowners with the current list of national operational contact points

adopted by the MEPC.

Submission of Shipboard Oil Pollution Emergency Plans

Owners or operators of all U.S. Ships to which this regulation

applies must prepare and submit two English language copies of the

shipboard oil pollution emergency plans to the appropriate Coast Guard

Captain of the Port (COTP) or Officer in Charge, Marine Inspection

(OCMI) for review and approval. Under Regulation 26, owners or

operators of new ships should have submitted plans by April 4, 1993.

The term ``new ship'' means a ship that has been delivered on or after

April 4, 1993. For ships delivered after April 4, 1993, plans must be

submitted at least 60 days before the owners or operators intend to

begin operations. Owners or operators of existing ships will be

required to submit plans at least 60 days prior to April 4, 1995, and

must have an approved plan on board by April 4, 1995. The term

``existing ship'' is currently defined in Sec. 151.05 as ``a ship that

is not a new ship.'' Therefore, for the purposes of this proposed

regulation, ``existing ship'' means a ship that has been delivered

before April 4, 1993. Plans must be resubmitted every five years for

review and approval.

Owners or operators of tank vessels that must comply with OPA 90

VRP requirements may meet the requirements of Regulation 26 by

submitting one response plan, pursuant to Sec. 155.1030, if the plan

addresses the following Regulation 26 requirements in addition to the

OPA 90 requirements: (1) Discharges of all oils defined under Annex I

of MARPOL 73/78, whether carried as cargo or as fuel; (2) contacts for

all coastal state and regular ports of call worldwide; and (3) the

procedures and point of contact on the ship for coordinating shipboard

action with national and local authorities in combating the pollution.

The letter of transmittal should clearly state that the plan is

intended to comply with the requirements of both Regulation 26 and OPA

90. Combined Regulation 26 and OPA 90 VRP plans must be submitted to

the Coast Guard at the following address: Commandant (G-MEP-6), U.S.

Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.

Regulatory Evaluation

This proposal is not a significant regulatory action under Section

3(f)(1) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under Section 6(a)(3) of that Order. It is

not significant under the ``Department of Transportation Regulatory

Policies and Procedures'' (44 FR 11040; February 26, 1979). A draft

evaluation has been prepared and is available in the docket for

inspection or copying where indicated under ADDRESSES. This evaluation

is summarized below. This proposal will not result in annual costs of

$100 million or more; will have no significant adverse effects on

competition, employment, or other aspects of the economy, and will not

result in a major increase in costs and prices.

The Coast Guard estimates that 1,534 U.S. flag ships must comply

with Regulation 26 of Annex I of MARPOL 73/78. The Coast Guard assumes

that 1,234 existing non-tank vessels will prepare Shipboard Oil

Pollution Emergency Plans to meet the requirements of Regulation 26. In

addition, the Coast Guard assumes that 284 existing tank vessels will

prepare and submit combined Shipboard Oil Pollution Emergency Plans and

OPA 90 Vessel Response Plans. The Coast Guard estimates that 16 ships

will be constructed in the U.S. between April 4, 1993 and April 4,

1995. Therefore, the total number of ships which must comply with this

regulation will equal 1,534.

Based on hourly cost data of those required to comply with

Regulation 26, it is estimated to cost $4,320.00 to prepare a Shipboard

Oil Pollution Emergency Plan. It is estimated to cost $855.00 to

prepare the additional requirements of a VRP that complies with MARPOL

Regulation 26. The total annualized cost to respondents for initial

plan preparation between 1993 and 1995 is estimated to be $5,642,820.

The Coast Guard will review submitted Shipboard Oil Pollution Emergency

Plans to ensure compliance with Regulation 26. Total government

annualized costs associated with review of the Shipboard Oil Pollution

Emergency Plans are estimated to be $78,663 between 1993 and 1995. The

net present value of the costs of the proposed regulation, discounted

at 7 percent, is $4,675,060.

The dollar value of direct societal benefits derived from the

proposed rule are not quantifiable, but may be substantial. Historical

data is insufficient to quantify benefits. However, this program should

improve response capabilities and minimize the environmental impact of

oil discharges from ships. If efficiencies in the cleanup of spilled

oil go up by only a small percentage, the savings that would accrue to

the maritime industry and to the public would exceed the costs.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 632).

The Coast Guard expects that few new cost will be associated with

this rule because few small entities own ships of the gross tonnage to

which this proposed regulation would apply. Because it expects the

impact of this proposal to be minimal, the Coast Guard certifies under

5 U.S.C. 605(b) that this proposal, if adopted, will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the

Office of Management and Budget (OMB) reviews each proposed rule that

contains a collection of information requirement to determine whether

the practical value of the information is worth the burden imposed by

its collection. Collection of information requirements include

reporting, recordkeeping, notification, and other, similar

requirements.

This proposal contains collection of information requirements in

the following sections: 151.26, 151.27, and 151.28. The following

particulars apply:

DOT No.: 2115.

OMB Control No.: 2115-XXXX.

Administration: U.S. Coast Guard.

Title: Shipboard Oil Pollution Emergency Plans.

Need for Information: This proposed regulation would direct

shipowners to prepare, submit, and maintain shipboard oil pollution

emergency plans.

Proposed Use of Information: The Coast Guard will review submitted

plans to ensure compliance with Regulation 26 of Annex I of MARPOL 73/

78. The information contained in the plans will improve the

capabilities of individual vessel operators to respond to oil spills

and will enhance cooperative response efforts of the vessel operators

and the government agencies. Also, Coast Guard issuance of a vessel's

International Oil Pollution Prevention (IOPP) Certificate evidencing

compliance with Regulation 26 will facilitate the oceangoing trade of

U.S. vessels with foreign countries that are parties to MARPOL 73/78.

Frequency of Response: Plans must be resubmitted every 5 years for

review and approval. However, if there are any revisions or amendments

requiring approval, the plan must be resubmitted as appropriate. In

addition, a letter certifying that the annual review has been completed

must be submitted annually.

Burden Estimate: 125,396 hours.

Respondents: All owners of U.S. flag oil tankers of 150 gross tons

and above and all other U.S. flag ships of 400 gross tons and above.

Form(s): None.

Average Burden Hours per Respondent: 82 hours.

The Coast Guard has submitted the requirements to OMB for review

under section 3504(h) of the Paperwork Reduction Act. Persons

submitting comments on the requirements should submit their comments

both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that it

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2B.2 of Commandant

Instruction M16475.1B, this proposal is categorically excluded from

further environmental documentation. This proposal is expected to

contribute to the reduction of the occurrence of ship-generated oil

spills in the marine environment. A Categorical Exclusion Determination

is available in the docket for inspection of copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 151

Administrative practice and procedure, Oil pollution, Penalties,

Reporting and recordkeeping requirements, Water pollution control.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 151 as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE

AND MUNICIPAL OR COMMERCIAL WASTE

Subpart A--Implementation of MARPOL 73/78

1. The authority citation for 33 CFR part 151, subpart A, continues

to read as follows:

Authority: 33 U.S.C. 1321(j)(1)(c) and 1903(b); Executive Order

11735; 3 CFR 1971-1975 Comp. p. 793; 49 CFR 1.46.

2. Section 151.05 is amended by adding paragraph (5) under the

definition of New ship and adding a definition of Shipboard oil

pollution emergency plan to read as follows:

Subpart A--Implementation of MARPOL 73/78

Sec. 151.05 Definitions

* * * * *

New ship means a ship--

* * * * *

(5) For the purposes of Secs. 151.26 through 151.28, which is

delivered on or after April 4, 1993.

* * * * *

Shipboard oil pollution emergency plan means a plan prepared,

submitted, and maintained according to the provisions of Secs. 151.26

through 151.28 of this subpart for United States ships or maintained

according to the provisions of Sec. 151.29(a) of this subpart for

foreign ships operated under the authority of a country that is party

to MARPOL 73/78 while in the navigable waters of the United States.

* * * * *

3. Section 151.09 is amended by adding paragraphs (c) and (d) to

read as follows:

Sec. 151.09 Applicability.

* * * * *

(c) Sections 151.26 through 151.28 apply to each United States

oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this

section which is--

(1) An oil tanker of 150 gross tons and above or other ship of 400

gross tons and above; or

(2) A fixed or floating drilling rig or other platform, when not

engaged in the exploration, exploitation, or associated offshore

processing of seabed mineral resources.

(d) Sections 151.26 through 151.28 do not apply to--

(1) The ships specified in paragraph (b) of this section;

(2) Any barge or other ship which is constructed or operated in

such a manner that no oil can be discharged from any portion thereof,

intentionally or unintentionally, including, but not limited to, oil

discharged as the result of a casualty to the ship.

Sec. 151.21 [Amended]

4. Section 151.21(a) is amended by adding the words ``that is party

to MARPOL 73/78'' in the last sentence after the word ``country''.

5. Sections 151.26 through 151.29 are added to read as follows:

Sec. 151.26 Shipboard oil pollution emergency plans.

(a) Language of the plan. The shipboard oil pollution emergency

plan must be available on board in English and in the working language

of the master and the officers of the ship, if different.

(b) Plan format. The plan must contain the following six sections.

A seventh non-mandatory section may be included at the shipowner's

discretion:

(1) Introduction. This section must contain the following

introductory text:

``(i) This plan is written in accordance with the requirements of

Regulation 26 of Annex I of the International Convention for the

Prevention of Pollution from Ships, 1973, as modified by the Protocol

of 1978 relating thereto (MARPOL 73/78).

(ii) The purpose of the plan is to provide guidance to the master

and officers on board the ship with respect to the steps to be taken

when a pollution incident has occurred or is likely to occur.

(iii) The plan contains all information and operational

instructions required by the guidelines (Resolution MEPC.54(32)). The

appendices contain names, telephone numbers, telex numbers, etc. of all

contacts referenced in the plan, as well as other reference material.

(iv) This plan has been approved by the Coast Guard and, except as

provided below, no alteration or revision may be made to any part of it

without the prior approval of the Coast Guard.

(v) Changes to the seventh section of the plan and the appendices

do not require approval by the Coast Guard. The appendices must be

maintained up-to-date by owners, operators, and managers.''

(2) Preamble. This section must contain an explanation of the

purpose and use of the plan and indicate how the shipboard plan relates

to other shore-based plans.

(3) Reporting requirements. This section of the plan must include

information relating to the following:

(i) When to report.

(A) A report shall be made whenever an incident involves--

(1) A discharge of oil resulting from damage to the ship or its

equipment, or for the purpose of securing the safety of a ship or

saving life at sea;

(2) A discharge of oil during the operation of the ship in excess

of the quantities or instantaneous rate permitted in Sec. 151.10 of

this subpart or in Sec. 157.37 of this subchapter; or

(3) A probable discharge. Factors to be considered in determining

whether a discharge is probable include, but are not limited to: Ship

location and proximity to land or other navigational hazards, weather,

tide, current, sea state, and traffic density. The master must make a

report in cases of collision, grounding, fire, explosion, structural

failure, flooding or cargo shifting, or an incident resulting in

failure or breakdown of steering gear, propulsion, electrical

generating system, or essential shipborne navigational aids.

(B) [Reserved]

(ii) Information required. This section of the plan must include a

notification form, such as that depicted in Table 151.26(b)(3)(ii)(A),

that contains information to be provided in the initial and follow-up

notifications. The initial notification should include as much of the

information on the form as possible, and supplemental information, as

appropriate. However, the initial notification must not be delayed

pending collection of all information. Copies of the form must be

placed at the location(s) on the ship from which notification may be

made.

BILLING CODE 4910-14-M

TP17FE94.003

TP17FE94.004

BILLING CODE 4910-14-C

(B) [Reserved]

(iii) Whom to contact.

(A) This section of the plan must make reference to the appendices

listing coastal state contacts, port contacts, and ship interest

contacts.

(B) For actual or probable discharges of oil, the reports must

comply with the procedures described in MARPOL Protocol I.

(4) Steps to control a discharge. This section of the plan must

contain a discussion of procedures to address the following scenarios:

(i) Operational spills: The plan must outline procedures for

removal of oil spilled and contained on deck. The plan must also

provide guidance to ensure proper disposal of recovered oil and clean-

up materials;

(A) Pipe leakage: The plan must provide specific guidance for

dealing with pipe leakage;

(B) Tank overflow: The plan must include procedures for dealing

with tank overflows. It must provide alternatives such as transferring

cargo or bunkers to empty or slack tanks, or readying pumps to transfer

the excess ashore;

(C) Hull leakage: The plan must outline procedures for responding

to spills due to suspected hull leakage, including guidance on measures

to be taken to reduce the head of oil in the tank involved either by

internal transfer or discharge ashore. Procedures to handle situations

where it is not possible to identify the specific tank from which

leakage is occurring must also be provided. Procedures for dealing with

suspected hull fractures must be included. These procedures must take

into account the effect of corrective actions on hull stress and

stability.

(ii) Spills resulting from casualties: Each of the casualties

listed in this paragraph must be treated in the plan as a separate

section comprised of various checklists or other means which will

ensure that the master considers all appropriate factors when

addressing the specific casualty. These checklists must be tailored to

the specific ship. In addition to the checklists, specific personnel

assignments for anticipated tasks must be identified. Reference to

existing fire control plans and muster lists is sufficient to identify

personnel responsibilities in the following situations:

(A) Grounding;

(B) Fire or explosion;

(C) Collision;

(D) Hull failure; and

(E) Excessive list.

(iii) In addition to the checklist and personnel duty assignments

required by paragraph (b)(4)(ii) of this section, the plan must

include--

(A) Priority actions to ensure the safety of personnel and the

ship, assess the damage to the ship, and take appropriate further

action;

(B) Information for making damage stability and longitudinal

strength assessments, or contacting classification societies to acquire

such information. Nothing in this section shall be construed as

creating a requirement for damage stability plans or calculations

beyond those required by law or regulation; and

(C) Lightening procedures to be followed in cases of extensive

structural damage. The plan must contain information on procedures to

be followed for ship-to-ship transfer of cargo. Reference may be made

in the plan to existing company guides. A copy of such company

procedures for ship-to-ship transfer operations must be kept in the

plan. The plan must address the coordination of this activity with the

coastal or port state, as appropriate.

(5) National and local coordination. This section of the plan must

contain information to assist the master in initiating action by the

coastal State, local government, or other involved parties. This

information must include guidance to assist the master with organizing

a response to the incident should a response not be organized by the

shore authorities. Detailed information for specific areas may be

included as appendices to the plan.

(6) Appendices. Appendices must include the following information:

(i) Twenty-four hour contact information and alternates to the

designated contacts. These details must be routinely updated to account

for personnel changes and changes in telephone, telex, and

telefacsimile numbers. Clear guidance must also be provided regarding

the preferred means of communication.

(ii) The following lists, each identified as a separate appendix:

(A) A list of agencies or officials of coastal state

administrations responsible for receiving and processing incident

reports;

(B) A list of agencies or officials in regularly visited ports.

When this is not feasible, the master must obtain details concerning

local reporting procedures upon arrival in port; and

(C) A list of all parties with a financial interest in the ship,

including, but not limited to, ship and cargo owners, insurers, and

salvage interests.

(D) A list which specifies who will be responsible for informing

the parties listed and the priority in which they must be notified.

(iii) A record of annual reviews and changes.

(7) Non-mandatory provisions. If this section is included by the

shipowner, it should include the following types of information or any

other information that may be appropriate:

(i) Diagrams;

(ii) Response equipment;

(iii) Public affairs practices;

(iv) Recordkeeping; and

(v) Plan exercising.

Sec. 151.27 Plan submission and approval.

(a) No ship subject to this part may operate unless it carries on

board a shipboard oil pollution emergency plan approved by the Coast

Guard. For new ships, plans must be submitted at least 60 days before

the ship intends to begin operations. For existing ships, plans must be

submitted at least 60 days prior to April 4, 1995, and an approved plan

must be on board by April 4, 1995.

(b) An owner or operator of a ship to which this part applies shall

prepare and submit two English language copies of the shipboard oil

pollution emergency plan to the Captain of the Port (COTP) or Officer

in Charge, Marine Inspection (OCMI) at the ship's home port, for review

and approval.

(c) Combined shipboard oil pollution emergency plans and response

plans meeting the requirements of subparts D and E of part 155 of this

chapter must be prepared according to Sec. 155.1030(j) of this chapter

and submitted to the Coast Guard at the following address: Commandant

(G-MEP-6), U.S. Coast Guard, 2100 Second Street SW., Washington, DC

20593-0001.

(d) If the Coast Guard determines that the plan meets all

requirements of this section, the Coast Guard will notify the owner or

operator of the ship and return one copy of the approved plan along

with an approval letter. The approval period for a plan expires 5 years

after the plan approval date.

(e) If the Coast Guard determines that the plan does not meet all

of the requirements, the Coast Guard will notify the owner or operator

of the plan's deficiencies. The owner or operator must then resubmit

two copies of the revised plan, or corrected portions of the plan,

within 45 days of receipt of the notice of deficiency.

Sec. 151.28 Plan review and revision.

(a) An owner or operator of a ship to which this part applies must

review the shipboard oil pollution emergency plan annually and submit a

letter to the COTP or OCMI at the ship's home port certifying that the

review has been completed. This review must occur within 1 month of the

anniversary date of Coast Guard approval of the plan.

(b) The owner or operator shall submit any plan amendments to the

COTP or OCMI at the ship's home port for information or approval.

(c) The entire plan must be resubmitted to the COTP or OCMI at the

ship's home port for reapproval 6 months before the end of the Coast

Guard approval period identified in Sec. 151.27(d) of this subpart.

(d) A record of annual review and changes to the plan must be

maintained in the appropriate appendices.

(e) The owner or operator shall submit revisions or amendments to

an approved plan for information or approval after there is--

(1) A significant change in the ship's configuration that affects

the information included in the plan;

(2) A significant change in the ship's procedures to control a

discharge; and

(3) A change in the owner or operator of the ship; or

(4) Any other significant changes that affect implementation of the

plan.

Sec. 151.29 Foreign ships.

(a) Each oil tanker of 150 gross tons and above and each other ship

of 400 gross tons and above, operated under the authority of a country

other than the United States that is party to MARPOL 73/78, shall carry

on board a shipboard oil pollution emergency plan approved by its flag

state while in the navigable waters of the United States or while at a

port or terminal under the jurisdiction of the United States.

(b) Each oil tanker of 150 gross tons and above and each other ship

of 400 gross tons and above, operated under the authority of a country

that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of

this subpart while in the navigable waters of the United States.

Dated: February 10, 1994.

A.E. Henn,

Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 94-3522 Filed 2-16-94; 8:45 am]

BILLING CODE 4910-14-M