[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: 49CFR130.5]



[Page 71-72]

 

                        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. 130.5  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 National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call 202-

741-6030, or go to: http://www.archives.gov/federal--register/code--of--

federal--regulations/ibr--locations.html.



    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; 69 FR 18803, Apr. 9, 2004]