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TEXAS ADMINISTRATIVE CODE
TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 1. GENERAL LAND OFFICE
CHAPTER 19. OIL SPILL PREVENTION AND RESPONSE
SUBCHAPTER E. VESSELS
Date:
08/31/2009
Document:
31 TAC § 19.61 (2011)
§ 19.61. Vessel Response Plans
(a) Vessel Response Plan Requirements
(1) Owners and operators of vessels subject to this subchapter are required to prepare and maintain written, vessel-specific discharge prevention and response plans. A vessel response plan approved by the U.S. Coast Guard or a shipboard oil pollution emergency plan (SOPEP) approved under Regulation 26 of MARPOL satisfies the requirements of this section. A current copy of the plan must be maintained aboard each vessel. Owners and operators of unmanned vessels can satisfy the requirements of this section by maintaining the plan at a primary business location and maintaining the information in § 19.61(a)(1)(G) aboard the unmanned vessel. The vessel-specific discharge prevention and response plan shall include, at a minimum, the following information:
(A) How to contact the owner and operator, including physical and mailing addresses, a telephone number that is answered 24 hours a day, and a 24-hour fax number. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.
(B) The person(s)-in-charge, qualified individual(s), or authorized person(s).
(C) Procedures for vessel personnel to make required reports to immediately notify regulatory agencies of unauthorized discharges or threatened discharges of oil.
(D) The total vessel capacity for fuel and oil.
(E) The vessel's official number.
(F) If applicable, a copy of the Coast Guard Vessel Response Plan approval letter or SOPEP approval letter under Regulation 26 of Annex I of MARPOL.
(G) Spill prevention and response procedures, including:
(i) shutting down operations;
(ii) securing the source of the spill;
(iii) assessing the spill situation and evaluating for safety hazards to vessel personnel;
(iv) immediate actions for reducing the potential for future spillage;
(v) assessing the condition of the vessel and taking action to prevent further vessel damage;
(vi) notifying regulatory agencies, local officials, and private property owners impacted by an unauthorized discharge; and
(vii) anticipated actions for abating, containing, and cleaning up an unauthorized discharge of oil.
(2) Owners and operators of unmanned vessels subject to this subchapter shall maintain the following information aboard each unmanned vessel:
(A) How to contact the owner and operator, including physical and mailing addresses, a telephone number that is answered 24 hours a day, and a 24-hour fax number. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.
(B) Qualified individual(s), authorized person(s), or preparedness manager(s).
(C) A checklist for notification of appropriate regulatory agencies in the event of an unauthorized or threatened unauthorized discharge and pertinent information and procedures for response personnel to abate and respond to an actual spill.
(D) The total vessel capacity for fuel and oil.
(b) Submission of Information to the GLO.
(1) Applicability. This section, which requires the submittal of limited information to the GLO, applies to owners and operators of any vessel subject to regulation under Subchapter E if that vessel is: 1) required by the Oil Pollution Act, 33 U.S.C.A. §§ 2701-2761 ("OPA") to have a current vessel response plan aboard the vessel; or 2) in excess of 400 gross tons and required by the International Maritime Organization to have a current shipboard oil pollution emergency plan (SOPEP) aboard the vessel.
(2) Owners or operators of vessels to which this subsection applies must submit the following information to the GLO:
(A) the name of the owner and operator;
(B) the address of the owner and operator;
(C) the electronic mail (email) address, if applicable;
(D) the phone and facsimile number of the owner and operator;
(E) the qualified individual(s) or authorized person(s) for each vessel to be covered, and information on how these people can be contacted 24 hours a day;
(F) the names and official numbers of vessels to be covered by the notification;
(G) the gross tonnage of all vessels to be covered by the notification; and
(H) the total capacity for fuel and oil of each vessel to be covered by the notification.
(3) Submittal of information. The GLO has established a link on the GLO website (http://www.glo.state.tx.us/oilspill) for submittal of the information required in this section. Owners and operators with the capability to use the Internet and access this website should link to "Vessel Response Plans." An account can then be established by following the instructions and ensuring that information submitted is accurate and complete. Owners and operators are strongly encouraged to submit information over the GLO's website. This is the quickest and easiest way to submit the information, and it eliminates the administrative burden of GLO staff who would otherwise have to load the information. Owners or operators of vessels without the capability of submitting this information by using the GLO's website may submit the required information on GLO Form OS-004. Completed Form OS-004 can be sent to the GLO by:
(A) mail sent to Texas General Land Office, Oil Spill Prevention and Response Program, P.O. Box 12873, Austin, Texas 78711-2873;
(B) facsimile sent to (512) 475-1560; or
(C) electronic mail sent to Vessel.Plan§glo.state.tx.us.
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