[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR130.5]

[Page 71-72]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 130_OIL SPILL PREVENTION AND RESPONSE PLANS--Table of Contents
 
Sec.  130.5  Definitions.

    In this subchapter: Animal fat means a non-petroleum oil, fat, or 
grease derived from animals, not specifically identified elsewhere in 
this part.
    Contract or other means is:
    (1) A written contract with a response contractor identifying and 
ensuring the availability of the necessary personnel or equipment within 
the shortest practicable time;
    (2) A written certification by the owner or operator that the 
necessary personnel or equipment can and will be made available by the 
owner or operator within the shortest practicable time; or
    (3) Documentation of membership in an oil spill response 
organization that ensures the owner's or operator's access to the 
necessary personnel or equipment within the shortest practicable time.
    EPA means the U.S. Environmental Protection Agency.
    Liquid means a material that has a vertical flow of over two inches 
(50 mm) within a three-minute period, or a material having one gram or 
more liquid separation, when determined in accordance with the 
procedures specified in ASTM D 4359-84, ``Standard Test Method for 
Determining Whether a Material is a Liquid or a Solid,'' 1990 edition, 
which is incorporated by reference.

    Note: This incorporation by reference has been approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. A copy may be obtained

[[Page 72]]

from the American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103. Copies may be inspected at the Office of 
Hazardous Materials Safety, Office of Hazardous Materials Standards, 
Room 8422, DOT headquarters building, 400 7th St., SW, Washington, DC 
20590, or at the Office of the Federal Register, 800 North Capitol St., 
NW, Room 700, Washington, DC 20002.

    Maximum extent practicable means the limits of available technology 
and the practical and technical limits on an owner or operator of an 
onshore facility in planning the response resources required to provide 
the on-water recovery capability and the shoreline protection and 
cleanup capability to conduct response activities for a worst-case 
discharge of oil in adverse weather.
    Non-petroleum oil means any animal fat, vegetable oil or other non-
petroleum oil.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.

    Note: This definition does not include hazardous substances (see 40 
CFR part 116).

    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not an animal fat or vegetable oil.
    Packaging means a receptacle and any other components or materials 
necessary for the receptacle to perform its containment function in 
conformance with the packaging requirements of this part. A 
compartmented tank is a single packaging.
    Person means an individual, firm, corporation, partnership, 
association, State, municipality, commission, or political subdivision 
of a State, or any interstate body, as well as a department, agency, or 
instrumentality of the executive, legislative or judicial branch of the 
Federal Government.
    Petroleum oil means any oil extracted or derived from geological 
hydrocarbon deposits, including fractions thereof.
    Qualified individual means an individual familiar with the response 
plan, trained in his or her responsibilities in implementing the plan, 
and authorized, on behalf of the owner or operator, to initiate all 
response activities identified in the plan, to enter into response-
related contracts and obligate funds for such contracts, and to act as a 
liaison with the on-scene coordinator and other responsible officials. 
The qualified individual must be available at all times the owner or 
operator is engaged in transportation subject to part 130 (alone or in 
conjunction with an equally qualified alternate), must be fluent in 
English, and must have in his or her possession documentation of the 
required authority.
    Transports or Transportation means any movement of oil by highway or 
rail, and any loading, unloading, or storage incidental thereto.
    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, not specifically identified elsewhere in 
this part.
    Worst-case discharge means ``the largest foreseeable discharge in 
adverse weather conditions,'' as defined at 33 U.S.C. 1321(a)(24). The 
largest foreseeable discharge from a motor vehicle or rail car is the 
capacity of the cargo container. The term ``maximum potential 
discharge,'' used in Sec.  130.31(a), is synonymous with ``worst-case 
discharge.''

[Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended by 66 FR 45378, 
Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002]