entities (89 small entities) are represented by over 60 different NAICS
categories with less than 1 percent of the population of small entities
in each category.
    Based on the 19 NAICS categories that represent 76 percent of the
small entities with data, 28 percent or 104 of the 287 small entities
are classified by 3 NAICS categories: ``Ship Building and Repairing,''
``Coastal and Great Lakes Passenger Transportation,'' and ``Inland
Water Freight Transportation''. Based on available data, we did not
find evidence that small not-for-profit organizations or small
government jurisdictions will be impacted by this rule.
    (5) The RFA requires a description of the projected reporting,
recordkeeping and other compliance requirements of the rule, including
an estimate of the classes of small entities which will be subject to
the requirement and the type of professional skills necessary for
preparation of the report or record.
    Coast Guard response: The rule will require reporting,
recordkeeping and other compliance requirements under two existing OMB-
approved collections: ``Vessel Response Plans, Facility Response Plans,
Shipboard Oil Pollution Emergency Plans, and Additional Requirements
for Prince William Sound'' (OMB Control Number 1625-0066) and ``Advance
Notice of Vessel Arrival'' (OMB Control Number 1625-0100).
    Owners or operators of commercial, self-propelled nontank vessels
of 400 gross tons or greater operating on the navigable waters of the
United States will be required to submit NTVRPs to the Coast Guard. The
Coast Guard has been receiving some NTVRPs from planholders as of
August 2005.
    The projected reporting and recordkeeping, other compliance
requirements of the rule, and types of activities and skills necessary
for the preparation of NTVRPs are described in section VIII. D.,
``Collection of Information.''
    (6) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration in response
to the proposed rule, and a detailed statement of any change made to
the proposed rule in the final rule as a result of the comments.
    Coast Guard response: The Coast Guard did not receive comments on
the NPRM from the Chief Counsel for Advocacy of the Small Business
Administration.
    (7) The RFA requires a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
    Coast Guard response: As previously discussed, based on public
comments the Coast Guard will permit owners or operators of nontank
vessels with a oil capacity of less than 250 barrels to meet an
alternative training and exercise program under 33 CFR 155.5055 and
155.5060, respectively. We expect this change to reduce the economic
burden on small business owners or operators.
    The Coast Guard presented four alternatives and considered each one
carefully before choosing the first alternative, to have owners or
operators of nontank vessels submit VRPs to the Coast Guard, based on a
tiered approach. Section 311(j)(5) of the FWPCA, 33 U.S.C. 1321(j)(5),
as established by section 4202 of OPA 90; and as amended by the 2004
Act, Public Law 108-293, 118 Stat. 102, and the 2006 Act, Public Law
109-241, 120 Stat. 516, sets out a statutory mandate requiring tank and
nontank vessel owners or operators to prepare and submit oil or
hazardous substance discharge response plans for certain vessels
operating on the navigable waters of the United States. For more
information, see Section III ``Background'' of the NPRM.
    In 33 U.S.C. 1321 (j)(5)(A)(ii), Congress specifically directs the
issuance of regulations that require the owner or operator of a nontank
vessel to prepare and submit ``a plan for responding, to the maximum
extent practicable, to a WCD, and to a substantial threat of such a
discharge, of oil.'' The Coast Guard considered four alternatives:
Three regulatory alternatives and one non-regulatory alternative. We
noted the Congressional mandate for regulations in our explanation of
why we did not select the non-regulatory alternative. We present these
three alternatives below.
1. Establish Regulations for the Submission of NTVRPs to the Coast
Guard
    The Coast Guard accepted this alternative that establishes new
regulations for nontank vessels in 33 CFR part 155, subpart J. These
new regulations are based upon, and refer to, applicable sections of 33
CFR part 155, subpart D, and 33 CFR part 151 (SOPEP). Consistent with
applicable FWPCA, title 33 U.S.C. 1321(j)(5), provisions, planholders
are required to have a plan that is consistent with the requirements of
the NCPs and ACPs; identifies QIs; ensures the availability of response
resources by contract or other approved means to remove a WCD and to
mitigate or prevent a substantial

threat of such a discharge (this includes ensuring the availability of
response resources, such as OSROs, salvage, firefighting, emergency
lightering, dispersant, and aerial observation oil tracking resources);
describes training, drills, and exercise requirements; and is updated
periodically and is resubmitted for approval for each significant
change.
    We used the discretion Congress provided to set up a tiered
approach to classify three separate categories of NTVRP response
resource requirements based upon a vessel's oil capacity (greater than
or equal to 2,500 barrels, less than 2,500 barrels but greater than or
equal to 250 barrels, and less than 250 barrels). This approach avoids
across-the-board requirements at a level necessary to respond to WCD
oil spills from vessels with oil capacity greater than 2,500 barrels,
and thus imposes a lower burden on vessels with a lower oil capacity.
Additionally, these new regulations are based upon, and refer to, the
SOPEP requirements of 33 CFR 151.26.
    Finally, under this alternative, an owner or operator of a nontank
vessel would have the opportunity to seek a one-time authorization or
waiver to enter a geographic-specific area not covered by a cognizant
COTP.
2. Acceptance of Flag-Approved SOPEPs
    In evaluating this alternative, we considered accepting flag state-
approved SOPEPs. We rejected this alternative, because these SOPEP
plans are not consistent with the NCP and the Area Contingency Plans
(ACP), as required by the FWPCA. While a SOPEP contains information
similar to a NTVRP that can also be useful during a response, it does
not include the detailed shorebased response planning mandated by FWPCA
nor does it include the requirement to contract for those resources.
The preferred alternative incorporates some flexibility in training and
contracting requirements for small vessels (predominantly operated by
small entities) without undermining the requirements of intent of FWPCA
or the NCP and ACPs. The SOPEPs mandated under the international MARPOL
protocol and the NTVRPs proposed in this rule should be considered
complimentary when planning or executing the response to a discharge,
or substantial threat of a discharge, of oil.
3. Remove Consideration of Alternative Drills and Exercises Programs
for Small Vessels
    A more stringent alternative to the one chosen would be to require
all nontank vessels, regardless of fuel capacity, to comply with the
detailed drills and training exercises programs defined in Sec.
155.5055 and Sec.  155.5060 (since the Coast Guard does not have
information on how many planholders will take advantage of the
alternative exercises, the costs presented in this regulatory analysis
assume all planholders will perform the full level of exercises
outlined in the drills and exercises section of this analysis). The
Coast Guard recognizes that small vessels (less than 250 barrels of
fuel) pose less of a risk because of several factors. These small
vessels have a lesser fuel capacity and normally operate using oils
that are less hazardous to the environment. As a result these vessels
are normally of simpler design and construction, and carry smaller
crews. Unlike larger vessels, these small vessels do not rotate their
crews as frequently, and so conducting drills and exercises of reduced
frequency can be considered as an alternative to the drills and
exercises prescribed in Sec.  155.5055 and 5060. In response to public
comments from this segment of the industry, the Coast Guard developed
Sec.  155.5061 to provide flexibility to the operators of small
vessels. Because of the wide variety of vessels potentially able to
take advantage of this provision, the requirements of Sec.  155.5061
are not prescriptive. Based on similar provisions in MTSA, the Coast
Guard estimates about 1,288 vessels covered or owned by about 237
planholders may be able to reduce their training burden by as much as
75% annually (if owners choose to perform the QI notification drill
once per year instead of quarterly) for QI notification drills and
perform SMT exercises biennially instead of annually. Assuming all 237
planholders choose the frequencies described previously, we estimate
the cost savings to industry for all 1,228 planholders estimated for
this analysis to be about $180,000 annually for QI notification drills
and about $1.1 million annually for SMT exercises every other year, or
a grand total of about $1.3 million biennially. We estimate the cost
savings to industry over the 10-year period of analysis to be between
$5.0 and $6.2 million at seven and three percent discount rates,
respectively.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant Commander John Peterson at 202-
372-1226 or<EMAIL_ADDRESS>The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This rule calls for a collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR
1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
    This rulemaking relates to two existing OMB-approved collections of
information, 1625-0066, revisions for which are pending OMB approval,
and 1625-0100, revisions for which are approved by OMB. Details are
provided below.
    OMB Control Number: 1625-0066.
    Title: Vessel and Facility Response Plans (Domestic and Int'l), and
Additional Response Requirements for Prince William Sound, Alaska.
    Summary of the Collection of Information: In general, this
collection relates to both domestic and international response plan
requirements for vessels and facilities. In particular, a nontank
vessel owner or operator needs to prepare and submit to the Coast Guard
a nontank vessel response plan in accordance with 33 CFR part 155,
subpart J. The content of the response plan includes the requirement to
plan for responding to a WCD and a substantial threat of such a

discharge. Additionally, submissions of international SOPEPs for
certain U.S.-flag nontank and tank vessels requires alignment with
updated SOPEP rules.
    Need for Information: The information is necessary to show evidence
that planholders have properly planned to prevent or mitigate oil
outflow and to provide information to the Coast Guard for its use in
emergency response.
    Proposed Use of Information: The Coast Guard will use the
information to determine whether a nontank vessel response plan meets
the requirements set forth in new 33 CFR part 155, subpart J.
    Description of the Respondents: The respondents are nontank vessel
response planholders and SOPEP planholders.
    Number of Respondents: This rule accounts for 2,772 respondents.
    Frequency of Response: The frequency of response is about 1
response per respondent per year. For those respondents that seek an
alternative or waiver, there would be an additional response per
request.
    Burden of Response: The burden of response is a range of 1 to 100
hours per NTVRP activity (i.e., initial plan development, plan
revision, annual recordkeeping, 5-year resubmission, alternative/waiver
request).
    Estimate of Total Annual Burden: The estimated NTVRP total annual
burden is 33,688 hours. Of that burden, the alternatives/waivers
element of this rule accounts for 202 hours.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the rule
to OMB for its review of the collection of information. OMB has not yet
completed its review of this collection. Therefore, we are not making
Sec. Sec.  155.5023, 155.5025, and 155.5055 through 155.5075 effective
until OMB completes action on our information collection request, at
which time we will publish a Federal Register notice describing OMB's
action and, if OMB grants approval, notifying you when these provisions
take effect.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

    OMB Control Number: 1625-0100.
    Title: Advance Notice of Vessel Arrival.
    Summary of the Collection of Information: The Coast Guard requires
pre-arrival notices from certain vessels entering a port or place of
the United States. This rule would add one new data element (the VRP
control number) to the 40 data elements that are currently required by
33 CFR part 160.
    Need for Information: In general, the Coast Guard uses notice of
arrival information to ensure port safety and security, and to ensure
the uninterrupted flow of commerce. In particular, the addition of the
VRP control number enables the Coast Guard to determine if the vessel
has an authorized GSA for each COTP zone through which the vessel
intends to transit.
    Proposed Use of Information: In general, response plan information
is required to control vessel traffic, develop contingency plans, and
enforce regulations. In particular, for those vessels that are covered
by more than one response plan, submission of the VRP control number as
part of advance notice of vessel arrival information will notify the
Coast Guard as to which plan they are operating under.
    Description of the Respondents: Respondents are the owner, agent,
master, operator, or person in charge of a vessel that arrives at a
port or place of the United States.
    Number of Respondents: The existing OMB-approved number of
respondents is 31,594. This rule does not change that number. The total
number of respondents would remain 31,594.
    Frequency of Response: The existing OMB-approved number of
responses is 171,016. This rule does not change that number. The total
number of responses would remain 171,016.
    Burden of Response: The existing OMB-approved burden of response is
approximately 1 hour (60 minutes) per response. The additional burden
imposed by this rule is estimated to be so minimal that it does not
merit changing the approved collection. For this collection, we propose
to add one data element, the VRP control number, to the currently
required 40 data elements for the notice of arrival. The VRP control
number is a ``static'' data element issued once every 5 years or
longer, while some of the 40 other data elements change with each
voyage (such as last port of call, cargo, or crew list). Therefore, we
believe the 60-minute burden currently approved for this collection
more than adequately covers the post rulemaking 41 data elements, and
the burden of response should remain unchanged.
    Estimate of Total Annual Burden: The existing OMB-approved total
annual burden is 164,144 hours. Because the additional burden imposed
by this rule is estimated to be so minimal, it does not merit changing
the approved annual burden. The estimated total annual burden would
remain 164,144 hours.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the
proposed rule to OMB for its review of the collection of information.
OMB has approved this collection (ICR Ref. No.<PHONE_NUMBER>-002). The
section number associated with the collection of information is Sec.
160.206, and the corresponding approval number from OMB is OMB Control
Number 1625-0100, which expires on December 31, 2013.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. It is well settled that States may
not regulate in categories reserved for regulation by the Coast Guard.
It is also well settled, now, that all of the categories covered in 46
U.S.C. 3306, 3703, 7101, or 8101 (design, construction, alteration,
repair, maintenance, operation, equipping, personnel qualification, and
manning of vessels), as well as the reporting of casualties and any
other category in which Congress intended the Coast Guard to be the
sole source of a vessel's obligations, are within the field foreclosed
from regulation by the States. (See the decision of the Supreme Court
in the consolidated cases of United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).
    This rule describes the standards to which nontank vessel owners or
operators will adhere when preparing and submitting plans for
responding to a discharge of oil from their vessels. This rule will not
preempt the various State laws on this topic. We drafted this rule to
ensure that, to the extent practicable, it is consistent with any
applicable State-mandated response plan in effect on August 9, 2004. We
contacted the National Conference of State Legislatures to circulate
the NPRM to the States for their awareness of the proposal. We
conducted a search of State laws addressing NTVRPs and conclude that no
State law is preempted by this final rule.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or a risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order. Though it is a ``significant
regulatory action'' under Executive Order 12866, it is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
    This rule uses the following voluntary consensus standards:
     IMO Resolution A.741(18), International Management Code
for the Safe Operation of Ships and for Pollution Prevention
(International Safety Management (ISM) Code), November 4, 1993.
     IMO Resolution A.851(20), General Principles for Ship
Reporting Systems and Ship Reporting Requirements, Including Guidelines
for Reporting Incidents Involving Dangerous Goods, Harmful Substances
and/or Marine Pollutants, November 27, 1997.
     IMO Resolution MSC.104(73), Adoption of Amendments to the
International Safety Management (ISM) Code, December 5, 2000.
     Oil Companies International Marine Forum's Ship to Ship
Transfer Guide (Petroleum), Fourth Edition 2005.
    The sections that reference these standards and the locations where
these standards are available are listed in Sec.  155.140.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 6(b) of
the ``Appendix to National Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions, Notice of Final Agency Policy''
(67 FR 48244, July 23, 2002).'' This rule involves Congressionally
mandated regulations designed to protect the environment, specifically
regulations implementing the requirements of the Coast Guard and Marine
Transportation Act of 2004/2006. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.

List of Subjects

33 CFR part 151

    Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.

33 CFR part 155

    Administrative practice and procedure, Alaska, Hazardous
substances, Incorporation by reference, Oil pollution, Reporting and
recordkeeping requirements.

33 CFR part 160

    Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 151, 155, and 160 as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
1. The authority citation for part 151 continues to read as follows:

    Authority: 33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101;
Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063)
sec. 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No.
0170.1, sec. 2 (77).

0
2. In Sec.  151.09, add a note to paragraph (b), remove the note from
under paragraph (c)(3), and revise paragraph (d) to read as follows:

Sec.  151.09  Applicability.

* * * * *
    (b) * * *

    Note to Sec.  151.09(b): The term ``internal waters'' is defined
in Sec.  2.24 of this chapter.

* * * * *
    (d) The requirements of Sec. Sec.  151.26 through 151.28--
    (1) Do not apply to--
    (i) The ships specified in paragraph (b) of this section; and
    (ii) Any barge or other ship, which is constructed or operated in
such a manner that no oil in any form can be carried aboard.
    (2) Are considered to be met if a U.S.-flag vessel holds a USCG-
approved vessel response plan and provides evidence of compliance with
33 CFR part 155, subpart D or J requirements.
* * * * *

0
3. In Sec.  151.26--
0
a. In paragraph (b)(1)(i), in the first paragraph of the sample
language,

remove the words ``Regulation 26'' and add, in their place, the words
``Regulation 37''; and insert the words ``as amended by Resolution
MEPC.86(44)'' immediately after ``MEPC.54(32)'';
0
b. Revise paragraph (b)(2);
0
c. Revise paragraphs (b)(3)(i)(A) and (b)(3)(ii);
0
d. Add two sentences to paragraph (b)(3)(iii)(A)
0
e. Add paragraph (b)(3)(iii)(D);
0
f. Revise paragraphs (b)(4)(i),(b)(4)(ii), and (b)(4)(iii)(B);
0
g. In paragraph (b)(4)(iii)(C) after the words ``as appropriate'',
remove the character ``.'' and add, in its place, the character ``;'';
0
h. Add paragraphs (b)(4)(iii)(D) and (E);
0
i. Revise paragraph (b)(5)(i);
0
j. Remove paragraph (b)(7)(i); and
0
k. Redesignate paragraphs (b)(7)(ii) through (vi) as (b)(7)(i) through
(v).
    The revisions and additions read as follows:

Sec.  151.26  Shipboard oil pollution emergency plans.

* * * * *
    (b) * * *
    (2) Preamble. The plan must be realistic, practical, and easy to
use, and the Preamble section of the plan must reflect these three
features of the plan. The use of flowcharts, checklists, and appendices
within the plan will aid in addressing this requirement. 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.
Additionally, the Preamble section of the plan must clearly recognize
coastal States' rights to approve oil pollution response in their
waters by stating the following:

    Without interfering with shipowner's liability, some coastal
States consider that it is their responsibility to define techniques
and means to be taken against an oil pollution incident and approve
such operations that might cause further pollution, i.e.,
lightening. States are entitled to do so under the International
Convention relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969 (Intervention Convention).
* * * * *
    (3) * * *
    (i) * * *
    (A) A discharge of oil above the permitted level for any reason,
including those for the purpose of securing the safety of the ship or
saving life at sea;
* * * * *
    (ii) Information required. This section of the plan must include a
notification form, such as the one depicted in Table 151.26(b)(3)(ii),
that includes all the data elements required in Resolution A.851(20)
and contains information to be provided in the initial and follow-up
notifications. The official number of the vessel and current conditions
of the vessel are to be included. In addition, 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.
* * * * *
    (iii) * * *
    (A) * * * In order to expedite response and minimize damage from a
pollution incident, it is essential that appropriate coastal States
should be notified without delay. This process begins with the initial
report required by article 8 and Protocol I of MARPOL 73/78.
* * * * *
    (D) The plan must clearly specify who will be responsible for
informing the necessary parties from the coastal State contacts, the
port contacts, and the ship interest contacts.
    (4) * * *
    (i) Operational spills: The plan must outline procedures for safe
removal of oil spilled and contained on deck. The plan must also
provide guidance to ensure proper disposal of recovered oil and cleanup
materials;
* * * * *
    (ii) Spills resulting from casualties: Casualties should be treated
in the plan as a separate section. The plan should include various
checklists or other means that will ensure the master considers all
appropriate factors when addressing the specific casualty (Reference is
made here to the International Safety Management (ISM) Code, Section
8). These checklists must be tailored to the specific ship and to the
specific product or product types. 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. The following are
examples of casualties that must be considered--
    (A) Grounding;
    (B) Fire or explosion;
    (C) Collision/Allision;
    (D) Hull failure;
    (E) Excessive list;
    (F) Containment system failure;
    (G) Submerged/Foundered;
    (H) Wrecked/Stranded; and
    (I) Hazardous vapor release.
    (iii) * * *
    (B) Stability and strength considerations: The plan should provide
the master with detailed guidance to ensure that great care in casualty
response must be taken to consider stability and strength when taking
actions to mitigate the spillage of oil or to free the vessel if
aground. Information for making damage stability and longitudinal
strength assessments, or contacting classification societies to acquire
such information, should be included. Where appropriate, the plan
should provide a list of information for making damage stability and
damage longitudinal strength assessments. The damage stability
information for oil tankers and offshore oil barges in 33 CFR 155.240
is required to be provided in the SOPEP;
* * * * *
    (D) Mitigating activities: The spill mitigation requirements of 33
CFR 155.1035(c) must be met for tankships, the requirements of 33 CFR
155.1040(c) must be met for unmanned vessels, and the requirements of
33 CFR 155.5035(c) must be met for nontank vessels. Additionally, the
following personnel safety mitigation strategies must be addressed for
all personnel involved--
    (1) Assessment and monitoring activities;
    (2) Personnel protection issues;
    (3) Protective equipment;
    (4) Threats to health and safety;
    (5) Containment and other response techniques;
    (6) Isolation procedures;
    (7) Decontamination of personnel; and
    (8) Disposal of removed oil and clean-up materials; and
    (E) Drawings and ship-specific details: Supporting plans, drawings,
and ship-specific details such as a layout of a general arrangement
plan, midship section, lines or tables of offsets, and tank tables must
be included with the plan. The plan must show where current cargo,
bunker or ballast information, including quantities and specifications,
is available.
    (5) * * *
    (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. See 33 CFR 151.26(b)(2) (Preamble)

regarding a ship owner's responsibility to comply with individual state
requirements for oil spill response.
* * * * *

0
4. In Sec.  151.27, revise paragraphs (e) and (f) and add paragraphs
(g) and (h) to read as follows:

Sec.  151.27  Plan submission and approval.

* * * * *
    (e) If the Coast Guard determines that the plan meets the
requirements of this section, the Coast Guard will issue an approval
letter. The approval period for a plan expires 5 years after the
approval date.
    (f) If the Coast Guard determines that the plan does not meet the
requirements, the Coast Guard will notify the owner or operator of the
plan's deficiency. The owner or operator must then resubmit a copy of
the revised plan or the corrected portions of the plan, within the time
period specified in the written notice provided by the Coast Guard.
    (g) Plans, including revisions, should be submitted electronically
by using the Vessel Response Plan Electronic Submission Tool available
at https://homeport.uscg.mil/vrpexpress.
    (h) If plans are submitted in paper format, owners or operators
should use CG Form ``Application for Approval/Revision of Vessel
Pollution Response Plans'' (CG-6083) located at: http://www.uscg.mil/forms/CG/CG_6083.pdf in lieu of a cover letter to make initial
application for plan submission and revision.

0
5. In Sec.  151.28, add paragraphs (g) and (h) to read as follows:

Sec.  151.28  Plan review and revision.

* * * * *
    (g) Plans, including revisions, should be submitted electronically
by using the Vessel Response Plan Electronic Submission Tool available
at https://homeport.uscg.mil/vrpexpress.
    (h) If plans are submitted in paper format, owners or operators
should use CG Form ``Application for Approval/Revision of Vessel
Pollution Response Plans'' (CG-6083) located at: http://www.uscg.mil/forms/CG/CG_6083.pdf in lieu of a cover letter to request the required
resubmission, plan amendment, or revision.

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS

0
6. The authority citation for part 155 is revised to read as follows:

    Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1225, 1231,
1321(j), 1903(b), 2735; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp.,
p. 351; Department of Homeland Security Delegation No. 0170.1.
Section 155.480 also issued under section 4110(b) of Pub. L.
101.380.

    Note: Additional requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR parts 30 through 40,
150, 151, and 153.

0
7. In Sec.  155.140--
0
a. Redesignate paragraph (d)(2) as (d)(4);
0
b. Add paragraphs (d)(2), (d)(3), and (d)(5); and
0
c. Add paragraph (f)(2).
    The additions read as follows:

Sec.  155.140  Incorporation by reference.

* * * * *
    (d) * * *
    (2) Resolution A.741(18), International Management Code for the
Safe Operation of Ships and for Pollution Prevention (International
Safety Management (ISM) Code), adopted 4 November, 1993, incorporation
by reference approved for Sec.  155.5035.
    (3) Resolution A.851(20), General Principles for Ship Reporting
Systems and Ship Reporting Requirements, Including Guidelines for
Reporting Incidents Involving Dangerous Goods, Harmful Substances and/
or Marine Pollutants, adopted 27 November, 1997, incorporation by
reference approved for Sec.  155.5035.
* * * * *
    (5) Resolution MSC.104(73), Adoption of Amendments to the
International Safety Management (ISM) Code, adopted 5 December, 2000,
incorporation by reference approved for Sec.  155.5035.
* * * * *
    (f) * * *
    (2) Ship to Ship Transfer Guide (Petroleum), Fourth Edition, 2005,
incorporation by reference approved for Sec.  155.5035.

0
8. In Sec.  155.1015, revise paragraph (c)(7), add paragraph (c)(8),
and add a note to the end of the section to read as follows:

Sec.  155.1015  Applicability.

* * * * *
    (c) * * *
    (7) Foreign-flag vessels engaged in innocent passage through the
territorial sea or transit passage through a strait used for
international navigation, unless bound for or departing from a port or
place of the United States.
    (8) Vessels carrying oil as a secondary cargo and measuring 400
gross tons or greater.
* * * * *

    Note to Sec.  155.1015: Response plan requirements for nontank
vessels are found in subpart J of this part.

0
9. In Sec.  155.1020, add a definition for ``nontank vessel'', in
alphabetical order, to read as follows:

Sec.  155.1020  Definitions.

* * * * *
    Nontank vessel means a vessel meeting the description provided in
33 CFR 155.5015(a).
* * * * *

0
10. In Sec.  155.1030, revise paragraphs (i)(1) through (3) to read as
follows:

Sec.  155.1030  General response plan requirements.

* * * * *
    (i) * * *
    (1) The vessel owner or operator must ensure that they maintain one
English language copy of the VRP, at a minimum the contents listed in
paragraph (c)(1), (2), (3), (5), (6), (7), (9), and (10) of this
section and a copy of the Coast Guard approval letter, onboard the
vessel. In lieu of paper format, the vessel owner or operator may keep
an electronic copy of the VRP and approval letter onboard the vessel.
If applicable, additional copies of the required VRP sections must be
in the language understood by crew members with responsibilities under
the VRP and maintained onboard the vessel.
    (2) The owner or operator of all unmanned tank barges shall ensure
that one English language copy of the plan section listed in paragraph
(c)(9) of this section and the Coast Guard approval letter is
maintained aboard the barge. An electronic copy of the VRP is
authorized.
    (3) The vessel owner or operator must maintain a current copy of
the entire plan, and ensure that each person identified as a qualified
individual and alternate qualified individual in the plan has a current
copy of the entire plan. An electronic copy of the VRP is authorized.
* * * * *

Sec.  155.1035  [Amended]

0
11. In Sec.  155.1035--
0
a. In paragraph (e)(3), remove the word ``representatives'' and add in
its place the words ``provider, representative,``; and remove the word
``surveyors'' and add in its place the word ``surveyor''; and
0
b. In paragraph (e)(4), after the words ``area of operation'' add the
words ``or a reference to the 24-hour point of contact as listed on the
vessel's notice of arrival''.

Sec.  155.1055  [Amended]

0
12. In Sec.  155.1055(a), remove the text ``Sec.  155.1035'' and add in
its place the text ``Sec. Sec.  155.1035 or 155.5035''.

Sec.  155.1060  [Amended]

0
13. In Sec.  155.1060(a), remove the words ``Sec. Sec.  155.1035 and
155.1040'' and add in their place the words ``Sec. Sec.  155.1035,
155.1040, or 155.5035''.

0
14. In Sec.  155.1065--
0
a. In paragraph (a), after the words ``plan to Commandant'' add the
words ``electronically by using the Vessel Response Plan Electronic
Submission Tool available at http://evrp.uscg.mil or by mail to
Commandant'';
0
b. In paragraph (b), remove the words ``subparts D, E, F, and G of this
part'' and add in their place the words ''subparts D, E, F, G, and J of
this part''; and after the words ``secondary cargo.''; and
0
c. In paragraph (b), add a sentence.
    The addition reads as follows:

Sec.  155.1065  Procedures for plan submission, approval, requests for
acceptance of alternative planning criteria, and appeal.

* * * * *
    (b) * * * For plans submitted in paper format, CG Form
``Application for Approval/Revision of Vessel Pollution Response
Plans'' (CG-6083) located at: http://www.uscg.mil/forms/CG/CG_6083.pdf
meets the requirement for a vessel response plan certification
statement as required by this paragraph.
* * * * *

0
15. In Sec.  155.1070--
0
a. In paragraph (a)(2), add a sentence;
0
b. Revise paragraph (b);
0
c. Revise paragraphs (c)(1), (2), (4), (5), and (8);
0
d. Revise paragraph (d);
0
e. In paragraph (f), remove the words ``Prevention Policy Directorate
for Marine Safety, Security, and Stewardship'' and add in their place
the words ``Office of Commercial Vessel Compliance''; and remove the
text ``CG-54'' and add in its place the text ``CG-CVC'';
0
f. Remove paragraph (i); and
0
g. Redesignate paragraphs (g) as (h) and paragraphs (h) as (i) and add
new paragraph (g).
    The revisions and additions read as follows:

Sec.  155.1070  Procedures for plan review, revision, amendment, and
appeal.

    (a) * * *
    (2) * * * Although plans should be submitted electronically, for
plans submitted in paper format, CG Form ``Application for Approval/
Revision of Vessel Pollution Response Plans'' (CG-6083) located at:
http://www.uscg.mil/forms/CG/CG_6083.pdf should be used in lieu of a
cover letter to request the required resubmission, plan amendment, or
revision and to document the annual review required by this paragraph
(a).
    (b) The vessel owner or operator subject to subparts D, E, F, G, or
J of this part must resubmit the entire plan to the Coast Guard for
approval--
    (1) Six months before the end of the Coast Guard approval period
identified in Sec.  155.1065(c) or Sec.  155.5065(c); and
    (2) Whenever there is a change in the vessel owner or operator, if
the previous vessel owner or operator provided the certifying statement
required by Sec.  155.1065(b) or Sec.  155.5065(b), then the new vessel
owner or operator must submit a new statement certifying that the plan
continues to meet the applicable requirements of subparts D, E, F, G,
or J of this part.
    (c) * * *
    (1) A change in the vessel owner or operator, if that vessel owner
or operator is not the one who provided the certifying statement
required by Sec.  155.1065(b) or Sec.  155.5065(b);
    (2) A change in the vessel's operating area that includes ports or
geographic area(s) not covered by the previously approved plan. A
vessel may operate in an area not covered in a previously approved plan
upon receipt of written acknowledgment by the Coast Guard that a new
geographic-specific appendix has been submitted for approval by the
vessel's owner or operator and the certification required in Sec.
155.1025(c)(2) or Sec.  155.5023(b) has been provided;
* * * * *
    (4) A change in the type of oil carried onboard (oil group) that
affects the required response resources, except as authorized by the
COTP for purposes of assisting in an oil spill response activity;
    (5) A change in the identification of the oil spill removal
organization(s) or other response-related resource required by Sec.
155.1050, Sec.  155.1052, Sec.  155.1230, Sec.  155.2230, Sec.
155.5050, or Sec.  155.5052 as appropriate, except an oil spill removal
organization required by Sec.  155.1050(d) or Sec.  155.5050(d) that
may be changed on a case-by-case basis for an oil spill removal
organization previously classified by the Coast Guard, which has been
ensured to be available by contract or other approved means;
* * * * *
    (8) The addition of a vessel to the plan. This change must include
the vessel-specific appendix required by this subpart and the vessel
owner or operator's certification required in Sec.  155.1025(c) or
Sec.  155.5023(b); or
* * * * *
    (d) Thirty days in advance of operation, the vessel owner or
operator must submit any revision or amendments identified in paragraph
(c) of this section. The certification required in Sec.  155.1065(b) or
Sec.  155.5065(b) must be submitted along with the revisions or
amendments.
* * * * *
    (g) Within 21 days of notification that a plan is not approved, the
vessel owner or operator may appeal that determination to the Director
of Inspections and Compliance (CG-5PC). This appeal must be submitted
in writing to Commandant (CG-5PC), Director of Inspections and
Compliance, U.S. Coast Guard, 2100 2nd St. SW Stop 7581, Washington, DC
20593-7581.
* * * * *

0
16. In Sec.  155.4010--
0
a. In paragraph (a), remove the reference ``Sec.  155.1015'' and add in
its place the references ``Sec. Sec.  155.1015 and 155.5015''; and
remove the second sentence;
0
b. Redesignate paragraph (b) as paragraph (c); and
0
c. Add new paragraph (b) to read as follows:

Sec.  155.4010  Purpose of this subpart.

* * * * *
    (b) Salvage and marine firefighting actions can save lives and
property, and prevent the escalation of potential oil spills to worst
case discharge scenarios.
* * * * *

Sec.  155.4015  [Amended]

0
17. In Sec.  155.4015, in the introductory text, remove the reference
``Sec.  155.1015'' and add in its place ``Sec.  155.1015 or Sec.
155.5015''.

0
18. In Sec.  155.4020 --
0
a. Redesignate paragraph (a) as paragraph (a)(1), paragraph (b) as
paragraph (a)(2), paragraph (c) as paragraph (a)(3), paragraph (c)(1)
as paragraph (a)(3)(i), paragraph (c)(2) as paragraph (a)(3)(ii),
paragraph (c)(3) as paragraph (a)(3)(iii), paragraph (c)(4) as
paragraph (a)(3)(iv), and paragraph (c)(5) as paragraph (a)(3)(v);
0
b. In newly redesignated paragraph (a)(1), after the words ``approved
vessel response plan'' add the words ``required by Sec.  155.1015'';
and
0
c. Add paragraph (b) to read as follows:

Sec.  155.4020  Complying with this subpart.

* * * * *
    (b) If Sec.  155.5015 requires that you have a vessel response
plan, you must

have your vessel response plan submitted to the Coast Guard by January
30, 2014.

Sec.  155.4025  [Amended]

0
19. In Sec.  155.4025, in the definition for ``Contract or other
approved means'', in paragraph (1)(iii), after the words ``33 CFR
155.1065(f)'' add the words ``and 155.5067(a)''.

Sec.  155.4030  [Amended]

0
20. In Sec.  155.4030--
0
a. In paragraph (a), remove the words ``Sec. Sec.  155.1035(e)(6)(ii)
and 155.1040(e)(5)(ii),'' and add, in their place, the words
``Sec. Sec.  155.1035(e)(6)(ii), 155.1040(e)(5)(ii), and
155.5035(e)(6)(ii),'';
0
b. In paragraph (c), remove the words ``Sec. Sec.  155.1035(d),
155.1040(d) and 155.1045(d)'' and add, in their place, the words
``Sec. Sec.  155.1035(d), 155.1040(d), 155.1045(d), and 155.5035(d)'';
0
c. In paragraph (d), remove the words ``Sec.  155.1030(h)'' and add, in
their place, the words ``Sec. Sec.  155.1030(h) and 155.5030(f)'';
0
d. In paragraph (f), after the words ``vessel's largest cargo'' add the
words ``or fuel''; and after the word ``tank'' add the words ``,
whichever is greater,'';
0
e. In paragraph (g), after the words ``needed to combat'' remove the
word ``a'' and add, in its place, the words ``an oil''; and after the
words ``your vessel's cargo,'' add the word ``fuel,''; and
0
f. In paragraph (h), after the words ``capability of removing'', add
the words ``bulk liquid''.

Sec.  155.4035  [Amended]

0
21. In Sec.  155.4035(a), remove the words ``Sec. Sec.  155.1035(c) and
155.1040(c)'' and add, in their place, the words ``Sec. Sec.
155.1035(c), 155.1040(c), and 155.5035(c)''.

Sec.  155.4052  [Amended]

0
22. In Sec.  155.4052--
0
a. In paragraph (a), remove the words ``Sec. Sec.  155.1035 and
155.1040'' and add, in their place, the words ``Sec. Sec.  155.1035,
155.1040, and 155.5035''; and
0
b. In paragraph (b)(7), after the words ``33 CFR 155.1060(a)'' add the
words ``and 155.5061''; and after the words ``33 CFR 155.1065'' add the
words ``and 155.5065''.

0
23. Add subpart J, consisting of Sec. Sec.  155.5010 through 155.5075,
to read as follows:
Subpart J--Nontank Vessel Response Plans
Sec.
155.5010 Purpose.
155.5012 Deviation from response plan.
155.5015 Applicability.
155.5020 Definitions.
155.5021 Operating restrictions.
155.5023 Interim operating authorization.
155.5025 One-time port waiver.
155.5026 Qualified individual and alternate qualified individual.
155.5030 Nontank vessel response plan requirements: General content.
155.5035 Nontank vessel response plan requirements: Specific
content.
155.5050 Response plan development and evaluation criteria for
nontank vessels carrying groups I through IV petroleum oil.
155.5052 Response plan development and evaluation criteria for
nontank vessels carrying group V petroleum oil.
155.5055 Training.
155.5060 Exercises.
155.5061 Alternative Training and Exercise Program.
155.5062 Inspection and maintenance of response resources.
155.5065 Procedures for plan submission and approval.
155.5067 Alternative planning criteria.
155.5070 Procedures for plan review, revision, and amendment.
155.5075 Appeal procedures.

Subpart J--Nontank Vessel Response Plans

Sec.  155.5010  Purpose.

    The purpose of this subpart is to establish requirements for oil
spill response plans for nontank vessels. The planning criteria in this
subpart are intended for use in nontank vessel oil spill response plan
development and the identification of resources necessary to respond to
a nontank vessel's worst case discharge or substantial threat of such a
discharge. The development of a nontank vessel response plan prepares
the vessel's crew and ship management to respond to an oil spill. The
specific criteria for response resources and their arrival times are
not performance standards. They are planning criteria based upon a set
of assumptions that may not exist during an actual oil spill incident.
Note to Sec.  155.5010: For nontank vessels that are mobile offshore
drilling units (MODUs), additional oil spill planning standards are
found in 30 CFR part 254.

Sec.  155.5012  Deviation from response plan.

    The owner or operator of a nontank vessel required to have a vessel
response plan (VRP) under this subpart may not deviate from the
approved VRP unless the President or Federal On-Scene Coordinator
determines that the deviation from the VRP would provide for a more
expeditious or effective response to the spill or mitigation of its
environmental effects.

Sec.  155.5015  Applicability.

    (a) Except as provided in paragraph (d) of this section, this
subpart applies to each self-propelled vessel that--
    (1) Carries oil of any kind as fuel for main propulsion;
    (2) Is not a tank vessel or is not certificated as a tank vessel;
    (3) Operates upon the navigable waters of the United States, as
defined in 46 U.S.C. 2101(17a); and
    (4) Is 400 gross tons or more as measured under the convention
measurement system in 46 U.S.C. 14302 or the regulatory measurement
system of 46 U.S.C. 14502 for vessels not measured under 46 U.S.C.
14302.
    (b) This subpart also applies to vessels carrying oil as secondary
cargo and that meet the requirements of paragraph (a) of this section.
    (c) For Integrated Tug Barge (ITB) units that are not certificated
as tank vessels, the tonnage used to determine applicability of these
regulations is the aggregate tonnage of the ITB combination, and the
oil capacity used to determine the worst case discharge volume is the
aggregate oil capacity of the ITB combination.
    (d) This subpart does not apply to the following types of vessels--
    (1) Public vessels;
    (2) Foreign-flag vessels engaged in innocent passage through the
territorial sea or transit passage through a strait used for
international navigation, unless bound for or departing from a port or
place of the United States;
    (3) Vessels that carry oil as a primary cargo and are required to
submit a vessel response plan (VRP) in accordance with 33 CFR part 155,
subpart D;
    (4) Vessels constructed or operated in such a manner that no oil in
any form can be carried onboard as fuel for propulsion or cargo;
    (5) Permanently moored craft; and
    (6) Inactive vessels.
    Note to Sec.  155.5015: VRP requirements for tank vessels are found
in subpart D of this part.

Sec.  155.5020  Definitions.

    Except as otherwise defined in this section, the definitions in
Sec. Sec.  155.110 and 155.1020 apply to this subpart. For the purposes
of this subpart only, the term--
    Cargo means oil, not carried as fuel, which is carried in bulk, and
that is transported to and off-loaded at a port or place by a vessel.
It does not include--
    (1) Oil carried in integral tanks, marine portable tanks, or
independent tanks for use by machinery, helicopters, and boats carried
onboard the vessel, or for use by helicopters that are directly
supporting the vessel's primary operations;
    (2) Oil transferred from a towing vessel to a vessel in its tow to
operate

installed machinery other than the propulsion plant; or
    (3) Oil recovered during oil spill response operations.
    Contract or other approved means includes--
    (1) A written contractual agreement between a vessel owner or
operator and a required response resource provider. The agreement must
identify and ensure the availability of specified personnel and
equipment required under this subpart within stipulated response times
in the applicable Captain of the Port (COTP) zone or specified
geographic areas;
    (2) Certification by the vessel owner or operator that specified
personnel and equipment required under this subpart are owned,
operated, or under the direct control of the vessel owner or operator,
and are available within stipulated response times in the applicable
COTP zone or specified geographic areas;
    (3) Active membership with a local or regional required response
resource provider that has identified specific personnel and equipment
required under this subpart that are available to respond to a
discharge within stipulated response times in the COTP zone or
specified geographic areas;
    (4) A document that--
    (i) Identifies the personnel, equipment, and services capable of
being provided by the required response resource provider within
stipulated response times in the COTP zone or specified geographic
areas;
    (ii) Sets out the parties' acknowledgment that the required
response resource provider intends to commit the resources in the event
of a response;
    (iii) Permits the Coast Guard to verify the availability of the
identified response resources through tests, inspections, and
exercises; and
    (iv) Is referenced in the vessel response plan; or
    (5) With the written consent of the required response resource
provider, the identification of a required response resource provider
with specified equipment and personnel that are available within
stipulated response times in the COTP zone, port area, or specified
geographic area. This paragraph is ``other approved means'' for only--
    (i) Nontank vessels with a fuel and cargo oil capacity of less than
250 barrels for maximum most probable discharge oil spill removal
response resource requirements per 33 CFR 155.5050(e);
    (ii) Nontank vessels that carry group I through group IV petroleum
oils as fuel or cargo with a capacity of 250 barrels or greater, but
less than 2,500 barrels, for salvage, emergency lightering, and marine
firefighting response resources per 33 CFR 155.5050(i)(2);
    (iii) Nontank vessels that carry group I through group IV petroleum
oils as fuel or cargo with a capacity less than 250 barrels for salvage
response resources in 33 CFR 155.5050(i)(3);
    (iv) Nontank vessels that carry group II through group IV petroleum
oils as fuel or cargo with a capacity of 250 barrels or greater, but
less than 2,500 barrels, for dispersant response resources per 33 CFR
155.5035(i)(7) and 33 CFR 155.5050(j); and
    (v) Nontank vessels that carry groups I through IV petroleum oils
as fuel or cargo with a capacity of 250 barrels or greater, but less
than 2,500 barrels, for aerial oil spill tracking to support oil spill
assessment and cleanup activities per 33 CFR 155.5050(k).
    Fuel means all oils of any kind, which may be used to supply power
or lubrication for primary or auxiliary purposes onboard the vessel in
which it is carried.
    Inactive vessel means a vessel that is out of service or laid up
and has emptied its tanks of fuel except for the minimum amount of fuel
necessary for the maintenance of the vessel's material condition. Such
a vessel is considered not to be operating on the navigable waters of
the United States for the purposes of 33 U.S.C. 1321(j)(5), unless the
cognizant COTP determines that it poses an unacceptable risk to the
marine environment due to the amount of oil carried for maintenance. A
vessel would not be considered inactive if it carried oil as a cargo or
cargo residue.
    Integrated Tug Barge or ITB means any tug barge combination in
which a specially designed propulsion unit (tug) is mated to a cargo
unit (barge) of a compatible special design or where a propulsion unit
(tug) is mated to a cargo unit (barge) with a specially designed
connection system such that the combined unit has operating
characteristics and seakeeping capabilities that exceed, under all
anticipated weather conditions, those of a tug and barge, where the tug
is secured in the barge notch or on fenders by means such as wire rope,
chains, lines, or other tackle now commonly used in offshore towing.
    Maximum most probable discharge or MMPD means a discharge of--
    (1) Two thousand five hundred (2,500) barrels of oil, for vessels
with a fuel and cargo capacity equal to or greater than 25,000 barrels;
or
    (2) Ten percent of the vessel's fuel and cargo capacity, for
vessels with a fuel and cargo capacity of less than 25,000 barrels.
    Navigable waters of the United States means navigable waters of the
United States as defined in 33 CFR 2.36(b)(1), including the waters in
46 U.S.C. 2101(17a).
    Nontank vessel means a vessel meeting the description provided in
33 CFR 155.5015(a).
    Oil spill removal organization or OSRO means any person or persons
who own(s) or otherwise control(s) oil spill removal resources that are
designed for, or are capable of, removing oil from the water or
shoreline. Control of such resources through means other than ownership
includes leasing or subcontracting of equipment or, in the case of
trained personnel, by having contracts, evidence of employment, or
consulting agreements. OSROs provide response equipment and services,
individually or in combination with subcontractors or associated
contractors, under contract or other approved means, directly to a
vessel owner or operator of a vessel or a facility required to have a
response plan under 33 U.S.C. 1321(j)(5). OSROs are able to mobilize
and deploy equipment or trained personnel and remove, store, and
transfer recovered oil. Persons such as sales and marketing
organizations (e.g., distributorships and manufacturer's
representatives) that warehouse or store equipment for sale are not
OSROs.
    P&I Club means a protection and indemnity insurance group that
provides liability insurance cover for the vessel owner or operator
that would respond to an oil discharge or substantial threat of such a
discharge by the vessel.
    Permanently moored craft means a watercraft that is not considered
to be a vessel under the rule of construction in 1 U.S.C. 3, because it
is not practically (as opposed to theoretically) used or capable of
being used as a means of transportation on the water.
    Public vessel means a vessel owned or bareboat-chartered and
operated by the United States, or by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commerce.
    Qualified individual or QI and alternate qualified individual means
a shore-based representative of a vessel owner or operator who meets
the requirements of 33 CFR 155.5026.
    Substantial threat of such a discharge means any incident involving
a vessel that may create a significant risk of discharge of fuel or
cargo oil. Such incidents include, but are not limited to, groundings,
allisions, strandings, collisions, hull damage, fires,

explosions, loss of propulsion, floodings, on-deck spills, or other
similar occurrences.
    Tier means the combination of required response resources and the
times within which the resources must arrive on scene. Appendix B of
this part, especially Tables 5 and 6, provide specific guidance on
calculating the response resources required by a respective tier.
Section 155.5050(g) sets forth the required times within which the
response resources must arrive on scene. Tiers are applied to three
categories of areas--
    (1) Higher volume port areas;
    (2) The Great Lakes; and
    (3) All other operating environments, including rivers and canals,
inland, nearshore, offshore, and open ocean areas.
    Transfer means any movement of oil to or from a vessel by means of
pumping, gravitation, or displacement. A transfer is considered to
begin when the person in charge of the transferring vessel or facility
and the person in charge of the receiving facility or vessel first meet
to begin completing the declaration of inspection required by 33 CFR
156.150. A transfer is considered to be complete when all the
connections for the transfer have been uncoupled and secured with
blanks or other closure devices and both of the persons in charge have
completed the declaration of inspection to include the date and time
they complete the transfer.
    Worst case discharge or WCD means a discharge in adverse weather
conditions of a vessel's entire fuel or cargo oil, whichever is
greater.

Sec.  155.5021  Operating restrictions.

    Nontank vessels subject to this subpart may not--
    (a) Operate upon the navigable waters of the United States unless
in compliance with a vessel response plan (VRP) approved under Sec.
155.5065.
    (b) Continue to operate on the navigable waters of the United
States if--
    (1) The Coast Guard determines that the response resources
identified in the vessel's certification statement do not meet the
requirements of this subpart;
    (2) The contracts or agreements required in Sec. Sec.  155.5050 and
155.5052 and the vessel's certification statement are no longer valid;
    (3) The vessel is not operating in compliance with the submitted
VRP; or
    (4) The period of the VRP authorization has expired.

Sec.  155.5023  Interim operating authorization.

    (a) Notwithstanding the requirements of Sec.  155.5021 of this
subpart, a vessel may continue to operate for up to 2 years after the
date of submission of a vessel response plan (VRP) pending approval of
that VRP, if the vessel has received written authorization for
continued operations from the Coast Guard.
    (b) To receive this authorization, the vessel owner or operator
must certify in writing with an original or electronic signature to the
Coast Guard that the vessel owner or operator has identified and has
ensured, by contract or other approved means, the availability of the
necessary private response resources to respond, to the maximum extent
practicable, to a worst case discharge or substantial threat of such a
discharge from their vessel.
    (c) Those nontank vessels temporarily authorized to operate under
the provisions provided in this section must comply with 33 CFR
155.1070(c), (d), and (e).

Sec.  155.5025  One-time port waiver.

    (a) If the vessel owner or operator seeks a one-time port waiver,
they must certify in writing or using electronic signatures acceptable
to the Coast Guard, prior to the vessel's entry into the Captain of the
Port (COTP) zone, that they have met the requirements of--
    (1) 33 CFR 155.1025(e)(1) through (3); and
    (2) The vessel owner or operator has identified and ensured the
availability of, through contract or other approved means, the private
response resources necessary to respond, to the maximum extent
practicable under the criteria in Sec.  155.5050 to a worst case
discharge or substantial threat of discharge from the vessel in the
applicable COTP zone.
    (b) Once the vessel owner or operator satisfies the requirements of
paragraph (a) of this section, the cognizant U.S. Coast Guard COTP may
grant written authorization for that nontank vessel to make one voyage
in the respective geographic-specific area not covered by the vessel
response plan.
    (c) All requirements of this subpart must be met by a nontank
vessel that received a one-time port waiver, for any subsequent voyage
to the same geographic-specific area.

Sec.  155.5026  Qualified individual and alternate qualified
individual.

    The vessel response plan must identify a qualified individual and
at least one alternate who meet the requirements of 33 CFR 155.1026.
The qualified individual or alternate qualified individual must be
available on a 24-hour basis.

Sec.  155.5030  Nontank vessel response plan requirements: General
content.

    (a) The entire vessel response plan (VRP) must be written in
English and, if applicable, in a language that is understood by the
crew members with responsibilities under the VRP.
    (b) The VRP must cover all geographic areas of the United States in
which the vessel intends to handle, store, or transport oil, including
port areas and offshore transit areas.
    (c) The VRP must be divided into the following sections--
    (1) General information and introduction;
    (2) Notification procedures;
    (3) Shipboard spill mitigation procedures;
    (4) Shore-based response activities;
    (5) List of contacts;
    (6) Training procedures;
    (7) Exercise procedures;
    (8) Plan review and update procedures;
    (9) Geographic-specific appendix (GSA) for each Captain of the Port
(COTP) zone in which the vessel or vessels operate; and
    (10) An appendix for vessel-specific information for the vessel or
vessels covered by the VRP.
    (d) A vessel owner or operator with multiple vessels may submit one
plan for all classes of vessels (i.e., subpart D- Manned vessels
carrying oil as primary cargo and unmanned vessels carrying oil as
primary cargo; subpart E- Tankers loading cargo at a facility permitted
under the Trans-Alaska Pipeline Authorization Act; subpart F--Vessels
carrying animal fats and vegetable oils as primary cargo; and subpart
G-- Vessels carrying other non-petroleum oils as a primary cargo) with
a separate vessel-specific appendix for each vessel covered by the plan
and a separate GSA for each COTP zone in which the vessel(s) will
operate.
    (e) A VRP must be divided into the sections described in paragraph
(c) of this section unless the VRP is supplemented with a cross-
reference table to identify the location of the information required by
this subpart.
    (f) The information contained in a VRP must be consistent with--
    (1) The National Oil and Hazardous Substances Pollution Contingency
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in
effect on the date 6 months prior to the submission date of the VRP; or
    (2) Most recent NCP and ACP(s).
    Note to Sec.  155.5030(f)(1): See diagram of ``Relationship of
Plans'' at 40 CFR 300.210.
    (g) Copies of the submitted and approved VRP must be available as
follows--

    (1) The vessel owner or operator must ensure that they maintain one
English language copy of the VRP, at a minimum the contents listed in
paragraph (c)(1), (2), (3), (5), (6), (7), (9) and (10) of this section
and a copy of the Coast Guard approval letter, onboard the vessel. In
lieu of paper format, the vessel owner or operator may keep an
electronic copy of the VRP and approval letter onboard the vessel. If
applicable, additional copies of the required VRP sections must be in
the language understood by crew members with responsibilities under the
VRP and maintained onboard the vessel; and
    (2) The vessel owner or operator must also maintain a current copy
of the entire VRP and ensure that each person identified as a qualified
individual and alternate qualified individual in the VRP has a current
copy of the entire VRP. An electronic copy of the VRP is authorized.
    (h) Compliance with this subpart will also constitute compliance
for a U.S.-flag nontank vessel required to submit a Shipboard Oil
Pollution Emergency Plan (SOPEP) pursuant to 33 CFR 151.09(c) and
Regulation 37 of MARPOL 73/78 Annex I as long as the additional
requirements listed in Sec.  155.5035(k) are met. A U.S.-flag nontank
vessel holding a valid Certificate of Inspection endorsed for Coastwise
or Oceans operating routes with authorization to engage on an
international voyage must maintain a U.S. Coast Guard SOPEP approval
letter per 33 CFR 151.27(e). A separate SOPEP is not required.

Sec.  155.5035  Nontank vessel response plan requirements: Specific
content.

    (a) General information and introduction section. This section of
the vessel response plan (VRP) must include--
    (1) The vessel's name, country of registry, call sign, official
number, and International Maritime Organization (IMO) international
number (if applicable). If the VRP covers multiple vessels, this
information should be provided for each vessel;
    (2) The name, mailing address, email address, telephone number, and
facsimile number, and procedures for contacting the vessel's owner or
operator on a 24-hour basis;
    (3) A list of the Captain of the Port (COTP) zones, ports, and
offshore transit areas in which the vessel intends to operate;
    (4) A table of contents or index of sufficient detail to permit
personnel with responsibilities under the VRP to locate the specific
sections of the VRP; and
    (5) A record of change(s) page to record information on VRP
reviews, updates, or revisions.
    (b) Notification procedures section. This section of the VRP must
include the following information--
    (1) A checklist with all notifications, including telephone or
other contact numbers, in order of priority to be made by shipboard or
shore-based personnel and the information needed for those
notifications. Notifications should include those required by--
    (i) International Convention for the Prevention of Pollution from
Ships (MARPOL) 73/78 (as set forth in 33 CFR 151.26 and 33 CFR part
153); and
    (ii) Any applicable State;
    (2) Identification of the person(s) to be notified of a discharge
or substantial threat of a discharge of oil. If the notifications vary
due to vessel location, the persons to be notified also should be
identified in a geographic-specific appendix (GSA). This section should
separately identify--
    (i) The individual(s) or organization(s) to be notified by
shipboard personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel;
    (3) The procedures for notifying the qualified individual(s)
designated by the vessel's owner or operator;
    (4) Descriptions of the primary and, if available, secondary
communications methods by which the notifications would be made. These
should be consistent with those in paragraph (b)(1) of this section;
    (5) The information that is to be provided in the initial and any
follow-up notifications under paragraph (b)(1) of this section;
    (i) The initial notification may be submitted in accordance with
IMO Resolution A.851(20), ``General Principles for Ship Reporting
Systems and Ship Reporting Requirements, Including Guidelines for
Reporting Incidents Involving Dangerous Goods, Harmful Substances and/
or Marine Pollutants'' (incorporated by reference, see Sec.  155.140).
However, the VRP must specify that the notification includes at least
the following information--
    (A) Vessel name, country of registry, call sign, and official
number (if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil onboard;
    (H) Nature and detail of defects, deficiencies, and damage (e.g.,
overfill of tanks, grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of amount of oil
discharged or threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel;
    (N) Number of crew and details of injuries, if any; and
    (O) Details of Protection and Indemnity (P&I) Club and Local
Correspondent, as applicable.
    (ii) The VRP must state that after transmission of the initial
notification, as much information as possible that is essential for the
protection of the marine environment will be reported to the
appropriate on-scene coordinator in follow-up reports. This information
must include--
    (A) Additional details on the type of oil onboard;
    (B) Additional details on the condition of the vessel and the
ability to offload cargo and transfer ballast and fuel;
    (C) Additional details on the quantity, extent, and movement of the
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the
movement of the ship; and
    (6) Identification of the person(s) to be notified of a vessel
casualty potentially affecting the seaworthiness of a vessel and the
information to be provided by the vessel's crew to shore-based
personnel to facilitate the assessment of damage stability and stress.
    (c) Shipboard spill mitigation procedures section. This section of
the VRP must include--
    (1) Procedures for the crew to mitigate or prevent any discharge or
a substantial threat of a discharge of oil resulting from shipboard
operational activities associated with internal or external oil
transfers. Responsibilities of vessel personnel should be identified by
job title and licensed/unlicensed position, if applicable. These
procedures should address personnel actions in reference to--
    (i) Internal transfer system leaks;
    (ii) Fuel tank overflows;
    (iii) Suspected tank or hull leaks;
    (iv) Assessment and monitoring activities;
    (v) Personnel protection issues;
    (vi) Protective equipment;
    (vii) Threats to health and safety;
    (viii) Containment and other response techniques;

    (ix) Isolation procedures;
    (x) Decontamination of personnel; and
    (xi) Disposal of removed oil and clean-up materials;
    (2) Procedures in the order of priority for the crew to mitigate or
prevent any discharge or a substantial threat of a discharge in the
event of a casualty or emergency as listed in paragraphs (c)(2)(i)
through (x) of this section. These procedures should be listed
separately and reference specific vessel checklists required by the
International Ship Management (ISM) Code, Section 8 (Resolution
A.741(18), as amended by Resolution MSC.104(73)) (incorporated by
reference, see Sec.  155.140), or other means that will ensure
consideration of all appropriate factors when addressing a specific
casualty. 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 scenarios--
    (i) Grounding or stranding;
    (ii) Explosion or fire, or both;
    (iii) Collision or allision;
    (iv) Hull failure;
    (v) Excessive list;
    (vi) Containment system failure;
    (vii) Submerged and foundered;
    (viii) Wrecked and stranded;
    (ix) Hazardous vapor release; and
    (x) Equipment failure (e.g., main propulsion, steering gear, etc.);
    (3) Procedures for the crew to deploy discharge removal equipment
if the vessel is equipped with such equipment;
    (4) The procedures for internal transfers of fuel in an emergency;
    (5) The procedures for ship-to-ship transfers of fuel in an
emergency--
    (i) The format and content of the ship-to-ship transfer procedures
should be consistent with the ``Ship to Ship Transfer Guide
(Petroleum),'' published jointly by the International Chamber of
Shipping and the Oil Companies International Marine Forum (OCIMF)
(incorporated by reference, see Sec.  155.140);
    (ii) The procedures should identify the specific response resources
necessary to carry out the internal or external transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment;
    (D) Lightering or fuel removal and mooring masters (ship-to-ship
only); and
    (E) Vessel and barge brokers (ship-to-ship only);
    (iii) Reference may be made to a separate fuel oil transfer
procedure and lightering plan carried onboard the vessel, if safety
considerations are summarized in the plan; and
    (iv) The location of all equipment and fittings, if any, carried
onboard the vessel to perform the transfers should be identified;
    (6) The procedures and arrangements for emergency towing, including
the rigging and operation of any emergency towing equipment, if any,
carried onboard the vessel;
    (7) The location, crew responsibilities, and procedures for use of
shipboard equipment that might be carried to mitigate an oil discharge;
    (8) The crew's responsibility, if any, for recordkeeping and
sampling of spilled oil. Any requirements for sampling must address
safety procedures to be followed by the crew;
    (9) The crew's responsibilities, if any, to initiate a response and
supervise shore-based response resources;
    (10) Damage stability and hull stress considerations when
performing shipboard mitigation measures. This section of the VRP
should identify and describe--
    (i) Activities in which the crew is trained and qualified to
execute absent shore-based support or advice; and
    (ii) The information to be collected by the vessel's crew to
facilitate shore-based assistance;
    (11) Location of vessel plans necessary to perform salvage,
stability, and hull stress assessments--
    (i) The vessel owner or operator should ensure that a copy of these
plans is maintained ashore by either the vessel owner or operator or
the vessel's recognized classification society, unless the vessel has
prearranged for a shore-based damage stability and residual strength
calculation program with the vessel's baseline strength and stability
characteristics pre-entered. The VRP should indicate the shore location
and 24-hour access procedures of the calculation program for the
following plans, where available--
    (A) General arrangement plan;
    (B) Midship section plan;
    (C) Lines plan or table of offsets;
    (D) Tank tables;
    (E) Load line assignment; and
    (F) Light ship characteristics; and
    (ii) The VRP should identify the shore location and 24-hour access
procedures for the computerized, shore-based damage stability and
residual structural strength calculation programs, if available; and
    (12) Procedures for implementing personnel safety mitigation
strategies for all personnel involved. These procedures may contain
more, but must address the following--
    (i) Assessment and monitoring activities;
    (ii) Personnel protection issues;
    (iii) Protective equipment;
    (iv) Threats to health and safety;
    (v) Containment and other response techniques;
    (vi) Isolation procedures;
    (vii) Decontamination of personnel; and
    (viii) Disposal of removed oil and clean-up materials.
    (d) Shore-based response activities section. This section of the
VRP should include the following information--
    (1) The qualified individual's (QI) responsibilities and authority,
including immediate communication with the Federal On-Scene Coordinator
(FOSC) and notification of the oil spill removal organization(s)
identified in the VRP;
    (2) If applicable, procedures for transferring responsibility for
direction of response activities from vessel personnel to the shore-
based spill management team;
    (3) The procedures for coordinating the actions of the vessel owner
or operator or qualified individual with the predesignated FOSC
responsible for overseeing or directing those actions;
    (4) The organizational structure that would be used to manage the
response actions. This structure should include the following
functional areas and information for key components within each
functional area--
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance; and
    (5) The responsibilities and duties of, and functional job
descriptions for each oil spill management team position within the
organizational structure identified in paragraph (d)(4) of this
section.
    (e) List of contacts section. The name, location, and 24-hour
contact information for the following key individuals and organizations
must be included in this section of the VRP or, if more appropriate, in
a GSA, and referenced in this section of the VRP--
    (1) Vessel owner or operator;
    (2) Qualified individual and alternate qualified individual for the
vessel's area of operation;
    (3) Applicable insurance provider, representative, or surveyor for
the vessel's area of operation;
    (4) The vessel's local agent(s) for the vessel's area of operation,
or a reference

to the 24-hour point of contact as listed on the vessel's notice of
arrival;
    (5) Person(s) within the oil spill removal organization to notify
for activation of that oil spill removal organization for the three
spill scenarios identified in paragraph (i)(1)(v) of this section for
the vessel's area of operation;
    (6) Person(s) within the identified response organization to notify
for activating the organizations to provide--
    (i) The required emergency lightering and fuel offloading required
by Sec. Sec.  155.5050(i) and 155.5052 as applicable;
    (ii) The required salvage and marine firefighting required by
Sec. Sec.  155.5050(i) and 155.5052 as applicable;
    (iii) The required dispersant response equipment required by Sec.
155.5050(j), as applicable; and
    (iv) The required aerial oil spill tracking and observation
resources required by Sec.  155.5050(k), as applicable; and
    (7) Person(s) to notify for activation of the spill management team
for the spill response scenarios identified in paragraph (i)(5) of this
section for the vessel's area of operation.
    (f) Training procedures section. This section of the VRP must
address the training procedures and programs of the vessel owner or
operator to meet the requirements in Sec.  155.5055.
    (g) Exercise procedures section. This section of the VRP must
address the exercise program to be carried out by the vessel owner or
operator to meet the requirements in Sec.  155.5060.
    (h) Plan review, update, revision, amendment, and appeal procedure
section. This section of the VRP must address the procedures the vessel
owner or operator must follow--
    (1) To meet the requirements of Sec. Sec.  155.5070 and 155.5075;
and
    (2) For any post-discharge review of the VRP to evaluate and
validate its effectiveness.
    (i) GSAs for each COTP zone in which a vessel operates section. A
GSA must be included for each COTP zone identified.
    (1) The appendices must include the following information or
identify the location of such information within the VRP--
    (i) A list of the geographic areas (port areas, rivers and canals,
Great Lakes, inland, nearshore, offshore, and open ocean areas) in
which the vessel intends to handle, store, or transport oil as fuel or
cargo within the applicable COTP zone;
    (ii) The volume and group of oil on which the required level of
response resources are calculated;
    (iii) Required Federal or State notifications applicable to the
geographic areas in which a vessel operates;
    (iv) Identification of the QI; and
    (v) Identification of the oil spill removal organization(s) (OSRO)
that are identified and ensured available, through contract or other
approved means, and the spill management team to respond to the
following spill scenarios, as applicable--
    (A) Average most probable discharge;
    (B) Maximum most probable discharge; and
    (C) Worst case discharge.
    (2) Nontank vessels with a capacity less than 250 barrels must plan
for and identify maximum most probable discharge response resources in
the VRP but do not have to ensure these resources are available by
contract. Submission of a written consent for plan listing from the
recognized response resource provider must accompany the VRP for
approval or revision. This is considered an acceptable ``other approved
means.'' See 33 CFR 155.5020, paragraph (5) of the definition of
``Contract or other approved means.''
    (3) The organization(s) identified to meet the requirements of
paragraph (i)(1)(v) of this section must be capable of providing the
equipment and supplies necessary to meet the requirements of Sec. Sec.
155.5050 and 155.5052, as appropriate, and sources of trained personnel
to continue operation of the equipment and staff the OSRO(s) and spill
management team identified for the first 7 days of the response.
    (4) The GSA must list the response resources and related
information required under Sec. Sec.  155.5050, 155.5052, and appendix
B of this part, as appropriate.
    (5) If the Coast Guard has evaluated an OSRO and has determined the
OSROs capability is equal to or exceeds the response capability needed
by the vessel, the GSA may identify only the OSRO and their applicable
classification and not the information required in paragraph (i)(4) of
this section. This information is subject to Coast Guard verification
at any time during the validity of the VRP.
    (6) The GSA must also separately list the companies identified to
provide the salvage, emergency lightering, and marine firefighting
resources required in this subpart. The GSA must list the response
resources and related information required in paragraph (i)(4) of this
section. This information is subject to Coast Guard verification at any
time during the validity of the VRP.
    (i) Nontank vessels with a capacity less than 2,500 barrels, but
greater than or equal to 250 barrels, need only plan for and identify
salvage, emergency lightering, and marine firefighting response
resources, as required by subpart I, in the VRP but do not have to
ensure these resources are available by contract. Submission of a
written consent for plan listing from the recognized response resource
provider must accompany the VRP for approval or revision. This is
considered an acceptable ``other approved means.'' See 33 CFR 155.5020,
paragraph (5) of the definition of ``Contract or other approved
means.''
    (ii) Nontank vessels with a capacity less than 250 barrels need
only plan for and identify salvage response resources in the VRP but do
not have to ensure these resources are available by contract.
Submission of a written consent for plan listing from the recognized
response resource provider must accompany the VRP for approval or
revision. This is considered an acceptable ``other approved means.''
See 33 CFR 155.5020, paragraph (5) of the definition of ``Contract or
other approved means.''
    (7) For nontank vessels with a capacity of 2,500 barrels or greater
that carry group II through group IV petroleum oils as fuel or cargo
and that operate in waters where dispersant use pre-authorization
agreements exist, the GSA must also separately list the resource
providers and specific resources, including appropriately trained
dispersant-application personnel, necessary to provide, if appropriate,
the dispersant capabilities required in this subpart. All resource
providers and resources must be available by contract or other approved
means. The dispersant resources to be listed within this section must
include the following--
    (i) Identification of each primary dispersant staging site to be
used by each dispersant-application platform to meet the requirements
of Sec.  155.5050(j) of this chapter; and
    (ii) Identification of the platform type, resource provider,
location, and dispersant payload for each dispersant-application
platform identified. Location data must identify the distance between
the platform's home base and the identified primary dispersant-staging
site(s) for this section.
    (8) For each unit of dispersant stockpile required to support the
effective daily application capacity of each dispersant-application
platform necessary to sustain each intended response tier of operation,
identify the dispersant product resource provider, location, and
volume. Location data must include the distance from the stockpile to
the primary staging sites where the stockpile would be loaded on

to the corresponding platforms. If the Coast Guard has evaluated an
OSRO and has determined its capability meets the response capability
needed by the vessel owner or operator, the section may identify the
OSRO only, and not the information required in paragraphs (i)(7)(i),
(i)(7)(ii), and (i)(8) of this section.
    (9) Nontank vessels with an oil capacity of 250 barrels or greater,
but less than 2,500 barrels, that carry group II through group IV
petroleum oils as fuel or cargo and that operate in waters where
dispersant use pre-authorization agreements exist, need only plan for
and identify dispersant response resources but not ensure their
availability by contract. Submission of a written consent from the
dispersant response resource provider must accompany the VRP for
approval or revision. This is considered an acceptable ``other approved
means.'' See 33 CFR 155.5020, paragraph (5) of the definition of
``Contract or other approved means.''
    (10) For nontank vessels with a fuel and cargo capacity of 2,500
barrels or greater not operating exclusively on the inland areas of the
United States, the GSA must also separately list the resource providers
and specific resources necessary to provide oil spill tracking
capabilities required in this subpart. The oil spill tracking resources
to be listed within this section must include the following--
    (i) The identification of a resource provider; and
    (ii) The type and location of aerial surveillance aircraft that
have been ensured available, through contract or other approved means,
to meet the oil spill tracking requirements of Sec.  155.1050(k) of
this part.
    (11) Nontank vessels with a capacity of 250 barrels or greater, but
less than 2,500 barrels, need only plan for and identify aerial oil
spill tracking response resources in the VRP, but do not have to ensure
these resources are available by contract. Submission of a written
consent for plan listing from the recognized response resource provider
must accompany the VRP for approval or revision. This is considered an
acceptable ``other approved means.'' See 33 CFR 155.5020, ``Contract or
other approved means'', paragraph (5).
    (j) Appendices for vessel-specific information section. This
section of the VRP must include for each vessel covered by the VRP the
following information, as applicable--
    (1) List of the vessel's principal characteristics;
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh
water tanks;
    (3) The total volume and groups of oil that would be involved in
a--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge;
    (4) Diagrams showing location of all cargo, fuel, lube oil, and
slop tanks, as applicable;
    (5) General arrangement plan (can be maintained separately onboard
the vessel providing the VRP identifies the specific location);
    (6) Midships section plan (can be maintained separately onboard the
vessel providing the VRP identifies the specific location);
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable
(can be maintained separately onboard the vessel providing the VRP
identifies the specific location);
    (8) Damage stability data (can be maintained separately, providing
the VRP identifies the specific location);
    (9) Location of cargo and fuel stowage plan for vessel; and
    (10) Location of information on the name, description, physical and
chemical characteristics, health and safety hazards, and spill and
firefighting procedures for the fuel and cargo oil onboard the vessel.
A material safety data sheet meeting the requirements of 29 CFR
1910.1200, cargo information required by 33 CFR 154.310, or equivalent,
will meet this requirement. This information can be maintained
separately.
    (k) Required appendices for MARPOL 73/78 Annex I, Regulation 37,
Shipboard Oil Pollution Emergency Plan (SOPEP) information. U.S.-flag
vessels not certificated for coastwise or oceans operating routes and
foreign-flag vessels that are in compliance with Regulation 37 of
MARPOL 73/78 Annex I are not required to comply with this paragraph. A
vessel owner or operator of a U.S.-flag vessel constructed or
certificated for coastwise or oceans operating routes, but that does
not engage in international voyages, may request to be exempted from
compliance with this paragraph through submission of a certified
statement, attesting same, to Commandant (CG-CVC), Office of Commercial
Vessel Compliance, which must accompany the new nontank vessel response
submission or resubmission. U.S.-flag vessels that must comply with
this paragraph must label the cover of their VRP as a MARPOL 73/78
Annex I, Regulation 37 Shipboard Oil Pollution Emergency Plan (SOPEP)
and Coast Guard Nontank Vessel Response Plan. The following information
must be submitted consistent with Regulation 37 of MARPOL 73/78 Annex I
as set forth in 33 CFR 151.26--
    (1) The introductory text required by 33 CFR 151.26(b)(1);
    (2) The preamble statement regarding the purpose of the plans and
how the plan relates to other shore-related plans as required by 33 CFR
151.26(b)(2);
    (3) The information on authorities or persons to be contacted in
the event of an oil pollution incident as required 33 CFR
151.26(b)(3)(iii). This information must also clearly specify who will
be responsible for informing the necessary parties from the coastal
State contacts, the port contacts, and the ship interest contacts. This
information must include--
    (i) An appendix containing coastal State contacts for those coastal
States in which the vessel regularly transits the exclusive economic
zone. The appendix should list those agencies or officials of
administrations responsible for receiving and processing pollution
incident reports;
    (ii) An appendix of port contacts for those ports at which the
vessel regularly calls; and
    (iii) For Antarctica, reports must also be directed to any
Antarctic station that may be affected in accordance with 33 CFR
151.26(b)(3)(iii)(C);
    (4) Include the procedures and point of contact on the ship for
coordinating shipboard activities with national and local authorities
in combating an oil spill incident in accordance with 33 CFR
151.26(b)(5). The plan should address the need to contact the coastal
State to advise them of action(s) being implemented and determine what
authorization(s), if any, are needed; and
    (5) Required information lists in separate appendices per 33 CFR
151.26(b)(6)(ii).

Sec.  155.5050  Response plan development and evaluation criteria for
nontank vessels carrying groups I through IV petroleum oil.

    (a) Criteria for evaluating operability of response resources. The
criteria used to evaluate the operability of response resources
identified in a vessel response plan (VRP) for specified operating
environments must be in accordance with 33 CFR 155.1050(a).
    (b) Operating environment reclassification of specific bodies of
water. Captain of the Port (COTP) reclassification of a specific body
of water or location within the COTP zone must be in accordance with 33
CFR 155.1050(b).
    (c) Criteria for response equipment. Response equipment must--
    (1) Meet or exceed the criteria listed in Table 1 of appendix B of
this part;
    (2) Be capable of functioning in the applicable operating
environment; and

    (3) Be appropriate for the amount of oil capable of being carried.
    (d) Average most probable discharge. (1) The owner or operator of a
nontank vessel that carries groups I through IV petroleum oil as cargo
must identify in the VRP and ensure the availability of, through
contract or other approved means, the response resources that will
respond to a discharge up to the vessel's average most probable
discharge (AMPD). Nontank vessels that carry oil as cargo must meet the
requirements for AMPD coverage, as applicable, per 33 CFR 155.1050(d).
    (2) Nontank vessels that only carry groups I through IV petroleum
oil as fuel do not have to ensure the availability of AMPD resources by
contract or other approved means, but must plan for and identify
response resources required in Sec.  155.1050(d)(1) and list this
information in the applicable geographic-specific appendix for
bunkering or fueling operations. Permission or acknowledgement from the
listed resource providers is not required.
    (e) Maximum most probable discharge. (1) The owner or operator of a
nontank vessel with a capacity of 250 barrels or greater carrying
groups I through IV petroleum oil as fuel or cargo must identify in the
VRP and ensure the availability of, through contract or other approved
means, the response resources necessary to respond to a discharge up to
the vessel's maximum most probable discharge (MMPD) volume. For the
purposes of meeting the requirements of this paragraph, vessel owners
or operators must meet 33 CFR 155.1050(e).
    (2) The owner or operator of a nontank vessel with a capacity less
than 250 barrels must plan for and identify MMPD response resources in
the VRP but do not have to ensure these resources are available by
contract. Submission of a written consent for plan listing from the
recognized response resource provider must accompany the VRP for
approval or revision. This is considered an acceptable ``other approved
means.'' See 33 CFR 155.5020, paragraph (5) of the definition of
``Contract or other approved means.''
    (f) Worst case discharge. The owner or operator of a nontank vessel
with a capacity of 2,500 barrels or greater carrying groups I through
IV petroleum oil as fuel or cargo must identify in the VRP and ensure
the availability of, through contract or other approved means, the
response resources necessary to respond to discharges up to the worst
case discharge (WCD) volume of the oil to the maximum extent
practicable. For the purposes of meeting the requirements of this
paragraph, vessel owners or operators must meet 33 CFR 155.1050(f).
Nontank vessels need only plan for Tier 1 response resources.
    (g) Tier 1 response times. Response equipment identified to respond
to a WCD should be capable of arriving on scene within the times
specified in this paragraph for the applicable response in a higher
volume port area, Great Lakes, or in other areas. Table 155.5050(g)
details response times for this tier, from the time of discovery of a
discharge.

              Table 155.5050(g)--Response Times for Tier 1
------------------------------------------------------------------------

------------------------------------------------------------------------
                                 Tier 1
------------------------------------------------------------------------
Higher volume port area.....................  12 hrs.
Great Lakes.................................  18 hrs.
All other operating environments, including   24 hrs.
 rivers and canals, inland, nearshore,
 offshore, and open ocean areas.
------------------------------------------------------------------------

    (h) Planning standards for the mobilization and response times for
required MMPD and WCD response resources. For the purposes of arranging
for MMPD or WCD response resources through contract or other approved
means, response equipment identified for plan credit should be capable
of being mobilized and en route to the scene of a discharge within 2
hours of notification. The notification procedures identified in the
VRP should provide for notification and authorization for mobilization
of response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial
threat of discharge.
    (i) Salvage, emergency lightering, and marine firefighting
requirements. The owner or operator of a nontank vessel carrying groups
I through IV petroleum oil as fuel or cargo must plan for salvage,
emergency lightering, and marine firefighting response resources, as
applicable.
    (1) Nontank vessels with a capacity of 2,500 barrels or greater
must meet the salvage, emergency lightering, and marine firefighting
requirements found in subpart I of this part.
    (2) Nontank vessels with a capacity less than 2,500 barrels, but
greater than or equal to 250 barrels, need to plan for and identify
salvage, emergency lightering, and marine firefighting response
resources found in subpart I in the VRP but do not have to ensure these
resources are available by contract. Submission of a written consent
for plan listing from the recognized response resource provider must
accompany the VRP for approval or revision. This is considered an
acceptable ``other approved means.'' See 33 CFR 155.5020, paragraph (5)
of the definition of ``Contract or other approved means.''
    (3) Nontank vessels with a capacity less than 250 barrels need to
plan for and identify salvage response resources found in subpart I in
the VRP but do not have to ensure these resources are available by
contract. Submission of a written consent for plan listing from the
recognized response resource provider must accompany the VRP for
approval or revision. This is considered an acceptable ``other approved
means.'' See 33 CFR 155.5020, paragraph (5) of the definition of
``Contract or other approved means.''
    (j) Dispersants. (1) The owner or operator of a nontank vessel
carrying groups II through IV petroleum oil as fuel or cargo with a
capacity of 2,500 barrels or greater that operates in any area pre-
authorized for dispersant use must identify in their VRP, and ensure
the availability of, through contract or other approved means, response
resources capable of conducting dispersant operations within those
areas. Vessel owners or operators must meet 33 CFR 155.1050(k). These
nontank vessels must meet Tier 1 for dispersant effective daily
application capability.
    (2) The owner or operator of a nontank vessel with a capacity less
than 2,500 barrels, but greater than or equal to 250 barrels, needs to
plan for and identify dispersant response resources in the VRP but do
not have to ensure these resources are available by contract.
Submission of a written consent for plan listing from the recognized
response resource provider must accompany the VRP for approval or
revision. This is considered an acceptable ``other approved means.''
See 33 CFR 155.5020, paragraph (5) of the definition of ``Contract or
other approved means.''
    (k) Aerial oil spill tracking and observation response resources.
(1) The owner or operator of a nontank vessel carrying groups I through
IV petroleum oil as fuel or cargo with a capacity of--
    (i) 2,500 barrels or greater must identify in the VRP, and ensure
availability of, through contract or other approved means, the response
resources necessary to provide aerial oil spill tracking to support oil
spill assessment and cleanup activities. Vessel owners or operators of
these vessels must meet 33 CFR 155.1050(l).
    (ii) Less than 2,500 barrels, but greater than 250 barrels, need to
plan for and identify aerial oil tracking response resources in the VRP
but do not have to

ensure these resources are available by contract. Submission of a
written consent for plan listing from the recognized response resource
provider must accompany the VRP for approval or revision. This is
considered an acceptable ``other approved means.'' See 33 CFR 155.5020,
``Contract or other approved means'', paragraph (5).
    (2) Nontank vessels operating exclusively on the inland areas of
the United States are not required to comply with paragraph (k) of this
section.
    (l) Response resources necessary to perform shoreline protection
operations. The owner or operator of a nontank vessel carrying groups I
through IV petroleum oil as fuel or cargo with a capacity of 250
barrels or greater must identify in the VRP, and ensure the
availability of, through contract or other approved means, the response
resources necessary to perform shoreline protection operations. The
response resources must include the quantities of boom listed in Table
2 of appendix B of this part, based upon the specific COTP zones in
which the vessel operates.
    (m) Shoreline cleanup operations. The owner or operator of a
nontank vessel carrying groups I through IV petroleum oil as fuel or
cargo with a capacity of 250 barrels or greater must identify in the
VRP, and ensure the availability of, through contract or other approved
means, an oil spill removal organization capable of effecting a
shoreline cleanup operation commensurate with the quantity of
emulsified petroleum oil to be planned for in shoreline cleanup
operations. The shoreline cleanup resources required must be determined
as described in appendix B of this part.
    (n) Practical and technical limits of response capabilities.
Appendix B of this part sets out response capability capacities (caps)
that recognize the practical and technical limits of response
capabilities for which an individual vessel owner or operator can
contract in advance. Table 6 in appendix B lists the contracting caps
that are applicable. The owner or operator of a nontank vessel carrying
groups I through IV petroleum oil as fuel or cargo, with a capacity of
2,500 barrels or greater, whose required daily recovery capacity
exceeds the applicable contracting caps in Table 6, must identify
commercial sources of additional equipment equal to twice the cap
listed for each tier or the amount necessary to reach the calculated
planning volume, whichever is lower, to the extent that this equipment
is available. The equipment so identified must be capable of arriving
on scene no later than the applicable tier response times contained in
Sec.  155.5050(g) or as quickly as the nearest available resource
permits. A VRP must identify the specific sources, locations, and
quantities of this additional equipment. No contract is required.
    (o) Review of response capability limits. The Coast Guard will
continue to evaluate the environmental benefits, cost efficiency, and
practicality of increasing mechanical recovery capability requirements.
This continuing evaluation is part of the Coast Guard's long term
commitment to achieving and maintaining an optimum mix of oil spill
response capability across the full spectrum of response modes. As best
available technology demonstrates a need to evaluate or change
mechanical recovery capacities, a review of cap increases and other
requirements contained within this subpart may be performed. Any
changes in the requirements of this section will occur through a
rulemaking process. During this review, the Coast Guard will determine
if established caps remain practicable and if increased caps will
provide any benefit to oil spill recovery operations. The review will
include, at least, an evaluation of--
    (1) Best available technologies for containment and recovery;
    (2) Oil spill tracking technology;
    (3) High rate response techniques;
    (4) Other applicable response technologies; and
    (5) Increases in the availability of private response resources.
    (p) Nontank vessel response plan required response resources
matrix. Table 155.5050(p) summarizes the VRP required response
resources.

                                                       Table 155.5050(p)--Nontank Vessel Response Plan Required Response Resources Matrix
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Nontank vessel's fuel and cargo                                                                     Emergency                                        Aerial         Shoreline      Shore line
          oil capacity                 AMPD            MMPD             WCD           Salvage       lightering     Fire fighting  Dispersant \3\   tracking \4\     protection        cleanup
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2,500 barrels or greater........  NO\1\.........  YES...........  YES...........  YES...........  YES...........  YES...........  YES...........  YES...........  YES...........  YES.
Less than 2,500 barrels, but      NO \1\........  YES...........  NO............  YES \2\.......  YES \2\.......  YES \2\.......  YES \2\.......  YES \2\.......  YES...........  YES.
 greater than or equal to 250
 barrels.
Less than 250 barrels...........  NO \1\........  YES \2\.......  NO............  YES \2\.......  NO............  NO............  NO............  NO............  NO............  NO.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\--For nontank vessels carrying oil as fuel only. Nontank vessels carrying oil as cargo must meet AMPD response resources in 33 CFR 155.5050(d)(1) as applicable.
\2\--The indicated response resources that must be located within the stipulated response times in the specified geographic areas need only be identified and planned for in the VRP, but not
  ensured available by contract. Submission of a written consent from the response resource provider must accompany the VRP for approval. This is considered an acceptable ``other approved
  means.'' See 33 CFR 155.5020, ``Contract or other approved means'', paragraph (5).
\3\--Dispersant response resources are only required for waters where dispersant pre-authorization has been authorized IAW the Area Contingency Plan. See 33 CFR 155.5050(j).
\4\--Aerial oil spill tracking response resources are not required for inland areas.

Sec.  155.5052  Response plan development and evaluation criteria for
nontank vessels carrying group V petroleum oil.

    Owners or operators of nontank vessels that carry group V petroleum
oil as fuel or cargo must meet the requirements of 33 CFR 155.1052.

Sec.  155.5055  Training.

    (a) For nontank vessels with an oil capacity of 250 barrels or
greater--
    (1) A vessel response plan (VRP) submitted to meet the requirements
of Sec.  155.5035 must identify the training to be provided to persons
having responsibilities under the VRP, including members of the vessel
crew, the qualified individual, and the spill management team. The
training program must differentiate between that training provided to
vessel personnel and that training provided to shore-based personnel.
Appendix C of this part provides additional guidance regarding
training; and
    (2) A vessel owner or operator must comply with the vessel response
plan training requirements of 33 CFR 155.1055.
    (b) For nontank vessels with an oil capacity of less than 250
barrels, a vessel owner or operator must comply with the VRP training
requirements of paragraph (a) of this section or the Alternative
Training and Exercise Program requirements of Sec.  155.5061.

Sec.  155.5060  Exercises.

    (a) For nontank vessels with an oil capacity of 250 barrels or
greater--
    (1) A vessel owner or operator required by Sec.  155.5035 to have a
vessel response plan (VRP) must conduct exercises as necessary to
ensure that the VRP will function in an emergency. Vessel owners or
operators must include both announced and unannounced exercises; and
    (2) A vessel owner or operator must comply with the VRP exercise
requirements of 33 CFR 155.1060.

    (b) For nontank vessels with an oil capacity of less than 250
barrels, a vessel owner or operator must comply with the VRP exercise
requirements of paragraph (a) of this section or the Alternative
Training and Exercise Program requirements of Sec.  155.5061.

Sec.  155.5061  Alternative Training and Exercise Program.

    (a) Owners or operators of nontank vessels with an oil capacity of
less than 250 barrels, in lieu of the training and exercise
requirements of Sec. Sec.  155.5055 and 155.5060, may meet an
Alternative Training and Exercise Program that has been approved by the
Commandant (CG-CVC) for meeting the requirements of this section.
    (b) Vessel owners or operators must make available to the Coast
Guard, upon request, any information related to implementation of an
approved Alternative Training and Exercise Program.
    (c) For approval of an Alternative Training and Exercise Program
the vessel owners or operators must submit to the Commandant (CG-CVC)
for review and approval: The Alternative Training and Exercise Program
and the following information to assess the adequacy of the proposed
Alternative Training and Exercise Program--
    (1) A list of the vessels to which the Alternative Training and
Exercise Program is intended to apply;
    (2) An explanation of how the Alternative Training and Exercise
Program addresses the requirements of 33 CFR 155.1055(b) through (f)
and 33 CFR 155.1060; and
    (3) An explanation of how vessel owners or operators must implement
the Alternative Training and Exercise Program in its entirety,
including performing verification of implementation.
    (d) Amendments to the Alternative Training and Exercise Program
approved under this section may be initiated by the submitter of an
Alternative Training and Exercise Program.
    (e) Approval of the Alternative Training and Exercise Program is
required before a vessel may receive a nontank vessel response plan
approval letter.
    (f) The Commandant (CG-CVC) will examine each submission for
compliance with this section and--
    (1) If the submission meets all the requirements, the Coast Guard
will consider the training and exercise program requirements under this
section to be satisfactory; or
    (2) If the Coast Guard determines that the submission does not meet
all of the requirements, the submitter will be notified of the
deficiencies. The submitter may then resubmit a revised request within
the time period specified.

Sec.  155.5062  Inspection and maintenance of response resources.

    The owner or operator of a nontank vessel required to submit a
vessel response plan under this part must comply with the response
resource inspection and maintenance requirements of 33 CFR 155.1062.

Sec.  155.5065  Procedures for plan submission and approval.

    (a) An owner or operator of a nontank vessel, to which this subpart
applies, must submit one complete English language copy of a vessel
response plan (VRP) to Commandant (CG-CVC), Office of Commercial Vessel
Compliance, U.S. Coast Guard, 2100 2nd St. SW. Stop 7581, Washington,
DC 20593-7581, Attn: Vessel Response Plan Review Team. The VRP must be
submitted at least 60 days before the vessel intends to operate upon
the navigable waters of the United States.
    (b) The owner or operator of a nontank vessel must include a
statement certifying that the VRP meets the applicable requirements of
this subpart and the requirements of subparts D, E, F, and G, if
applicable. The vessel owner or operator must also include a statement
certifying that the vessel owner or operator has ensured the
availability of, through contract or other approved means, the
necessary private response resources to respond, to the maximum extent
practicable, to a worst case discharge or substantial threat of such a
discharge from their vessel as required under this subpart. VRPs should
be submitted electronically by using the Vessel Response Plan
Electronic Submission Tool available at https://homeport.uscg.mil/vrpexpress. If vessel owners or operators submit VRPs in paper format,
CG Form ``Application for Approval/Revision of Vessel Pollution
Response Plans'' (CG-6083) located at: http://www.uscg.mil/forms/CG/CG_6083.pdf meets the requirement for a VRP certification statement as
required by this paragraph.
    (c) If the Coast Guard determines that the VRP meets all
requirements of this subpart, the Coast Guard will notify the vessel
owner or operator with an approval letter. The VRP will be valid for a
period of 5 years from the date of approval, conditional upon
satisfactory annual updates.
    (d) If the Coast Guard reviews the VRP and determines that it does
not meet all of the requirements of this subpart, the Coast Guard will
notify the vessel owner or operator of the VRP deficiencies. The vessel
owner or operator must then resubmit a copy of the revised VRP or
corrected portions of the VRP, within the time period specified in the
written notice provided by the Coast Guard.

Sec.  155.5067  Alternative planning criteria.

    (a) When the owner or operator of a nontank vessel believes that
national planning criteria contained elsewhere in this part are
inappropriate for the areas in which the vessel intends to operate, the
vessel owner or operator may submit an alternative planning criteria
request to the Coast Guard. Alternative planning criteria requests must
be submitted 90 days before the vessel intends to operate under the
proposed alternative, or as soon as is practicable. The alternative
planning criteria request must be endorsed by the Captain of the Port
(COTP) with jurisdiction over the geographic area(s) affected before
being considered by Commandant (CG-CVC), Office of Commercial Vessel
Compliance, for the review and approval of the respective vessel
response plan (VRP). In any case, the request must be received by
Commandant (CG-CVC) with an endorsement by the respective COTP no later
than 21 days before the vessel intends to operate under the alternative
planning criteria.
    (b) The alternative planning criteria request should detail all
elements of the VRP where deviations from the requirements in this
subpart are being proposed or have not been met. Response equipment,
techniques, or procedures identified in the alternative planning
criteria request should be submitted in accordance with the evaluation
criteria of appendix B of this part. The request should contain at a
minimum--
    (1) Reason(s) and supporting information for the alternative
planning criteria request;
    (2) Identification of regulations necessitating the alternative
planning criteria request;
    (3) Proposals for alternative procedures, methods, or equipment
standards, where applicable, to provide for an equivalent level of
planning, response, or pollution mitigation strategies;
    (4) Prevention and mitigation strategies that ensure low risk of
spills and adequate response measures as a result of the alternative
planning criteria; and
    (5) Environmental and economic impact assessments of the effects.
    (c) The determination of an alternative planning criteria request
will

be conducted by Commandant (CG-CVC), Office of Commercial Vessel
Compliance.

Sec.  155.5070  Procedures for plan review, revision, and amendment.

    (a) The owner or operator of a nontank vessel must review the
vessel response plan (VRP) annually. This review must occur within 1
month of the anniversary date of Coast Guard approval of the VRP.
    (b) A VRP prepared and submitted under this subpart must be revised
and amended, as necessary, in accordance with Sec.  155.1070.

Sec.  155.5075  Appeal procedures.

    (a) A vessel owner or operator who disagrees with a deficiency
determination may submit a petition for reconsideration to the
Commandant (CG-5PC), Director of Inspections and Compliance, U.S. Coast
Guard, 2100 2nd St. SW Stop 7581, Washington, DC 20593-7581 or
<EMAIL_ADDRESS>within the time period required for compliance or within 7
days from the date of receipt of the Coast Guard notice of a deficiency
determination, whichever is less. After considering all relevant
material presented, the Coast Guard will notify the vessel owner or
operator of the final decision.
    (1) Unless the vessel owner or operator petitions for
reconsideration of the Coast Guard's decision, the vessel's owner or
operator must correct the vessel response plan (VRP) deficiencies
within the period specified in the Coast Guard's initial determination.
    (2) If the vessel owner or operator petitions the Coast Guard for
reconsideration, the effective date of the Coast Guard notice of
deficiency determination may be delayed pending a decision by the Coast
Guard. Petitions to the Coast Guard must be submitted in writing, via
the Coast Guard official who issued the requirement to amend the VRP,
within 5 days of receipt of the notice.
    (b) Within 21 days of notification that a VRP is not approved, the
vessel owner or operator may appeal that determination to the Director
of Inspections and Compliance. This appeal must be submitted in writing
to Commandant (CG-5PC), Director of Inspections and Compliance, U.S.
Coast Guard, 2100 2nd St. SW. Stop 7581, Washington, DC 20593-7581.

0
24. In appendix B to part 155, revise paragraphs 1.1, 2.6, 2.7, 3.1,
4.2.2, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 7.1, 7.2, 7.2.3, 7.2.4,
7.3.1, and 8.1.1 to read as follows:

Appendix B to Part 155--Determining and Evaluating Required Response
Resources for Vessel Response Plans

* * * * *
    1.1 The purpose of this appendix is to describe the procedures
for identifying response resources to meet the requirements of
subparts D, E, F, G, and J of this part. These guidelines will be
used by the vessel owner or operator in preparing the response plan
and by the Coast Guard to review vessel response plans. Response
plans submitted under subparts F and G of this part will be
evaluated under the guidelines in section 2 and Table 1 of this
appendix.
* * * * *
    2.6 The requirements of subparts D, E, F, G, and J of this part
establish response resource mobilization and response times. The
location where the vessel operates farthest from the storage
location of the response resources must be used to determine whether
the resources are capable of arriving on scene within the time
required. A vessel owner or operator must include the time for
notification, mobilization, and travel time of resources identified
to meet the maximum most probable discharge and Tier 1 worst case
discharge requirements. For subparts D and E of this part, Tier 2
and 3 resources must be notified and mobilized as necessary to meet
the requirements for arrival on scene. An on-water speed of 5 knots
and a land speed of 35 miles per hour is assumed, unless the vessel
owner or operator can demonstrate otherwise.
    2.7 For subparts D, E, and J of this part, in identifying
equipment, the vessel owner or operator must list the storage
location, quantity, and manufacturer's make and model, unless the
oil spill removal organization(s) providing the necessary response
resources have been evaluated by the Coast Guard, and their
capability has been determined to equal or exceed the response
capability needed by the vessel. For oil recovery devices, the
effective daily recovery capacity, as determined using section 6 of
this appendix, must be included. For boom, the overall boom height
(draft plus freeboard) must be included. A vessel owner or operator
must ensure that identified boom has compatible connectors.
* * * * *
    3.1 A vessel owner or operator must identify and ensure, by
contract or other approved means, that sufficient response resources
are available to respond to the 50-barrel average most probable
discharge at the point of an oil transfer involving a vessel that
carries oil as a primary cargo or a nontank vessel carrying oil as
cargo. The equipment must be designed to function in the operating
environment at the point of oil transfer. These resources must
include--
* * * * *
    4.2.2 Ten percent of the total oil capacity.
* * * * *
    5.1 A vessel owner or operator, as applicable under the
regulations prescribed in this part, must identify and ensure, by
contract or other approved means, that sufficient response resources
are available to respond to the worst case discharge of oil to the
maximum extent practicable. Section 7 of this appendix describes the
method to determine the required response resources.
    5.2 Oil spill recovery devices identified to meet the applicable
worst case discharge planning volume must be located such that they
can arrive at the scene of a discharge within the time specified for
the applicable response tier listed in Sec. Sec.  155.1050(g) and
155.5050(g).
    5.3 The effective daily recovery capacity for oil recovery
devices identified in a response plan must be determined using the
criteria in section 6 of this appendix. A vessel owner or operator,
as applicable under the regulations prescribed in this part, must
identify the storage locations of all equipment that must be used to
fulfill the requirements for each tier.
    5.4 A vessel owner or operator, as applicable under the
regulations prescribed in this part, must identify the availability
of temporary storage capacity to meet the requirements of section
9.2 of this appendix. If available storage capacity is insufficient
to meet this requirement, then the effective daily recovery capacity
must be downgraded to the limits of the available storage capacity.
    5.5 When selecting response resources necessary to meet the