[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR130.31]



[Page 73]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 130_OIL SPILL PREVENTION AND RESPONSE PLANS--Table of Contents

 

Sec. 130.31  Response plans.



    (a) After September 30, 1993, no person may transport oil subject to 

this part unless that person has a current basic written plan that:

    (1) Sets forth the manner of response to discharges that may occur 

during transportation;

    (2) Takes into account the maximum potential discharge of the 

contents from the packaging;

    (3) Identifies private personnel and equipment available to respond 

to a discharge;

    (4) Identifies the appropriate persons and agencies (including their 

telephone numbers) to be contacted in regard to such a discharge and its 

handling, including the National Response Center; and

    (5) For each motor carrier, is retained on file at that person's 

principal place of business and at each location where dispatching of 

motor vehicles occurs; and for each railroad, is retained on file at 

that person's principal place of business and at the dispatcher's 

office.

    (b) After February 18, 1993, no person may transport an oil subject 

to this part in a quantity greater than 1,000 barrels (42,000 gallons) 

unless that person has a current comprehensive written plan that:

    (1) Conforms with all requirements specified in paragraph (a) of 

this section;

    (2) Is consistent with the requirements of the National Contingency 

Plan (40 CFR part 300) and Area Contingency Plans;

    (3) Identifies the qualified individual having full authority to 

implement removal actions, and requires immediate communications between 

that individual and the appropriate Federal official and the persons 

providing spill response personnel and equipment;

    (4) Identifies, and ensures by contract or other means the 

availability of, private personnel (including address and phone number), 

and the equipment necessary to remove, to the maximum extent 

practicable, a worst case discharge (including a discharge resulting 

from fire or explosion) and to mitigate or prevent a substantial threat 

of such a discharge;

    (5) Describes the training, equipment testing, periodic unannounced 

drills, and response actions of facility personnel, to be carried out 

under the plan to ensure the safety of the facility and to mitigate or 

prevent the discharge, or the substantial threat of such a discharge; 

and

    (6) Is submitted, and resubmitted in the event of any significant 

change, to the Federal Railroad Administrator (for tank cars), or to the 

Federal Highway Administrator (for cargo tanks) at 400 Seventh Street 

SW, Washington, DC 20590-0001.



(Approved by the Office of Management and Budget under control number 

2137-0591)