1. (a) The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in §19.2 of this title (relating to Definitions).

   1. (1) MARPOL 73/78--The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended.
   2. (2) Annex I of MARPOL--Regulations for the Prevention of Pollution by Oil.
   3. (3) Oil Tanker--A vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of MARPOL 73/78 when it is carrying a cargo or part cargo of oil in bulk.
   4. (4) Regulation 26 of Annex I of MARPOL--The regulation adopted in July of 1991 by the Marine Environment Protection Committee of the International Maritime Organization (IMO), requiring every oil tanker of 150 gross tons and above and every other vessel of 400 gross tons and above to carry on board a shipboard oil pollution emergency plan approved by its flag state, or authorized organization.

   5. (5) Vessel.

      1. (A) OPA vessel--Every description of watercraft or other means of artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel as defined by OPA, required to submit to the United States Coast Guard a tank vessel response plan pursuant to §311(j)(5) of the Federal Water Pollution Control Act, as amended by OPA, 33 United States Code, §1321(j)(5) and §2716. Vessels subject to OPA, 33 United States Code, §2701 et seq, and the Federal Water Pollution Control Act (Clean Water Act), 33 United States Code, §1251 et seq, as amended by OPA, and operating in coastal waters of the State of Texas that are subject to OPA must have response plans pursuant to 33 United States Code, §1321(j)(5) and §2716, whenever required by federal law. Submission of the OPA plan, pursuant to §19.61(a) of this title (relating to Response Plans) constitutes compliance with OSPRA.
      2. (B) IMO vessel--An oil tanker of 150 gross tons and above and any other vessel of 400 gross tons and above required to have a shipboard oil pollution emergency plan pursuant to Regulation 26 of Annex I of MARPOL 73/78. A vessel which has submitted an OPA plan is not required to also submit an IMO plan.
      3. (C) OSPRA vessel--Every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, including barges, and with a capacity to carry 10,000 gallons or more of oil as fuel or cargo that operates in coastal waters and not required to have a response plan under either OPA or IMO. Requirements for response plans for OSPRA vessels are under development.
2. (b) All information and correspondence, including requests for forms, relating to this subchapter and vessel compliance with OSPRA shall be submitted to: Texas General Land Office, Oil Spill Prevention and Response Division, 1700 North Congress Avenue, Austin, Texas 78701-1495.

Source Note:The provisions of this §19.60 adopted to be effective November 14, 1995, 20 TexReg 9012.