[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR151.26] [Page 271-276] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PART 151_VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents Subpart A_Implementation of MARPOL 73/78 and the Protocol on Environmental Protection to the Antarctic Treaty as it Pertains to Pollution from Ships 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 other than English. (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: (i) Introductory text. The introductory text of the plan must contain the following language (For ships operating in Antarctica, the introductory text of the plan must contain the following language and explain that they are in accordance with the Protocol on Environmental Protection to the Antarctic Treaty): 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). 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. 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. 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. 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 the owners, operators, and managers. (ii) General information. (A) The ship's name, call sign, official number, International Maritime Organization (IMO) international number, and principal characteristics. (B) [Reserved] (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 report shall be made whenever an incident involves-- (A) A discharge of oil or oily mixture resulting from damage to the ship or [[Page 272]] its equipment, or for the purpose of securing the safety of a ship or saving life at sea; (B) A discharge of oil or oily mixture 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 (C) 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. (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. [[Page 273]] [GRAPHIC] [TIFF OMITTED] TR07OC94.020 [[Page 274]] [GRAPHIC] [TIFF OMITTED] TR07OC94.021 (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, or oily mixtures the reports must comply with the procedures described in MARPOL Protocol I. The reports shall be directed to either the nearest Captain of the Port (COTP) or to the National Response Center (NRC), toll free number 800- 424-8802. (C) For Antarctica, in addition to compliance with paragraph (b)(3)(iii)(B) of this section, reports shall also be directed to any Antarctic station that may be affected. (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 cleanup 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 [[Page 275]] 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 below 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. (i) 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. (ii) For Antarctica, a vessel owner or operator must include a plan for prompt and effective response action to such emergencies as might arise in the performance of its vessel's activities. (iii) To comply with paragraph (b)(5)(ii) of this section, an agency of the United States government may promulgate a directive providing for prompt and effective response by the agency's public vessels operating in Antarctica. (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 such as 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; [[Page 276]] (ii) Response equipment or oil spill removal organizations; (iii) Public affairs practices; (iv) Recordkeeping; (v) Plan exercising; and (vi) Individuals qualified to respond. (8) Index of sections. The plan must be organized as depicted in Table 151.26(b)(8). Table 151.26(b)(8)--Index of Sections--Sample Format Mandatory Section 1: Introduction Section 2: Preamble Section 3: Reporting requirements Section 4: Steps to control a discharge Section 5: National and local coordination Section 6: Appendices Voluntary Section 7: Non-mandatory provisions [CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]