[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR149.319]

[Page 206-207]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 149--DESIGN, CONSTRUCTION, AND EQUIPMENT--Table of Contents
 
                Subpart C--Pollution Prevention Equipment
 
Sec. 149.319  Discharge containment and removal material, and equipment.

    (a) Each deepwater port must have stored, on the pumping platform or 
a service craft operating at the deepwater port, oil discharge 
containment and removal material and equipment that, to the extent best 
available technology allows, can contain and remove an oil discharge of 
at least 10,000 U.S. gallons for offload-only ports, or 40,000 U.S. 
gallons for ports where onloading operations are permitted pursuant to 
section 4(a)(3) of the Act.
    (b) Each deepwater port must have readily accessible additional 
containment and removal material and equipment for containing and 
removing oil discharges larger than those specified in paragraph (a) of 
this section. For the purpose of this paragraph, access may be by direct 
ownership, joint ownership, cooperative venture, or contractual 
agreement.
    (c) The type of discharge containment and removal material and 
equipment that best meets the requirements

[[Page 207]]

of paragraphs (a) and (b) of this section must be determined on the 
basis of:
    (1) Oil handling rates of the deepwater port;
    (2) Volume of oil susceptible to being spilled;
    (3) Frequency of oil transfer operations at the deepwater port;
    (4) Prevailing wind and sea state condition at the deepwater port;
    (5) Age, capability, arrangement of, and the licensee's experience 
with the oil transfer system equipment at the deepwater port; and
    (6) Whether the discharge containment and removal material and 
equipment is shared, and the expected frequency of use and probability 
of availability.