1. (a) OPA vessels.

   1. (1) 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. Vessels 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, as required by federal law.

   2. (2) OPA vessels must submit vessel response plans to the GLO. All owners and operators of OPA vessels that intend to enter the coastal waters of the State of Texas must submit the following English language version sections of their plan or, if they choose, the entire plan to the GLO. The sections must be accompanied by a letter from the person who signed the vessel response plan that was submitted to the United States Coast Guard and the letter must verify that the submissions to the GLO are identical to those submitted to the United States Coast Guard. Compliance with this section constitutes compliance with OSPRA; an OPA vessel is not required to submit any other response plan. The following sections must be submitted:

      1. (A) general information and introduction;
      2. (B) notification procedures;
      3. (C) list of contacts;
      4. (D) geographic-specific appendix for each captain of the port (COTP) zone in Texas in which the vessel intends to operate;
      5. (E) vessel-specific appendix for each vessel which intends to enter coastal waters of the State of Texas covered by the plan; and
      6. (F) shore-based response activities.
   3. (3) Submission of United States Coast Guard letter of acknowledgment or deficiency. Vessel owners and operators are required to forward to the GLO copies of all correspondence between the United States Coast Guard and the vessel owner or operator relating to the receipt, acceptance, deficiency, corrections of deficiencies and notification of changes in the vessel response plan submitted pursuant to OPA, §2716.

2. (b) IMO Vessels.

   1. (1) Compliance with Regulation 26 of Annex I of MARPOL. IMO vessels that enter Texas coastal waters must have onboard a shipboard oil pollution emergency plan pursuant to Regulation 26 of Annex I of MARPOL 73/78. The IMO vessel must be operating in compliance with the approved plan to gain entry into a Texas port, pursuant to §19.63 of this title (relating to Entry into Port). Vessels subject to OPA and to IMO are only required to submit their OPA plan to the GLO.

   2. (2) Submission of Information to GLO. The plan prepared pursuant to Regulation 26 of Annex I of MARPOL is not required to be submitted to the GLO. Every owner, operator or manager of an IMO vessel that intends to traverse Texas coastal waters shall submit to the GLO, 60 days after this amendment becomes final:

      1. (A) a copy of its flag state or authorized organization approval of the IMO Regulation 26 Shipboard oil pollution emergency plan; and
      2. (B) IMO Vessel Form. Every owner, operator or manager of an IMO vessel that intends to traverse Texas coastal waters shall submit to the GLO the information listed in this subsection. This information is required by Regulation 26, §2.5.4. The information must be submitted on IMO Vessel Form.

3. (c) OSPRA Vessels. OSPRA vessels are those vessels with a capacity to carry 10,000 gallons or more of oil as fuel or cargo that operate in coastal waters and are not required to have a response plan pursuant to 33 USC §2701 et seq. or Regulation 26 of Annex 1 of MARPOL 73/78.

   1. (1) Definitions. The following words, terms and phrases, when used in this subsection only, shall have the following meanings, unless the context clearly indicates otherwise.

      1. (A) Coastal waters--the waters and bed of the Gulf of Mexico within the jurisdiction of the State of Texas, including the arms of the Gulf of Mexico subject to tidal influence, and any other waters contiguous thereto that are navigable by vessels with a capacity to carry 10,000 gallons or more of oil as fuel or cargo.
      2. (B) Official number--the vessel number as it appears on the vessel's Certificate of Documentation issued by the United States Coast Guard, pursuant to 46 CFR Part 67, or the vessel number issued by the flag state with which the vessel is registered.
      3. (C) Oil--"oil" of any kind or in any form, including but not limited to crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under Subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC §9601 et seq.) and which is subject to the provisions of that Act, and which is so designated by the Texas Natural Resource Conservation Commission.
      4. (D) Owner/operator--any person owning, operating, or chartering by demise a vessel.
      5. (E) Person in charge--the person designated by name and job title for purposes of ensuring that the General Land Office is notified of unauthorized discharges of oil from the vessel, who can initiate and direct actions which should be taken in response to an actual or threatened unauthorized discharge of oil and who has independent authority to deploy response equipment and personnel and to expend funds for response actions.
      6. (F) Sound management practices--practices that, when used consistently, help prevent discharges of oil.
      7. (G) State registration number--the vessel number as it appears on the Certificate of Number issued by the Texas Parks and Wildlife Department, pursuant to Texas Parks and Wildlife Code, Title 4 §31.024 or the vessel number as issued by any other state with which the vessel is registered.
      8. (H) Total oil storage capacity--the total capacity, in gallons, of all tanks onboard the vessel designed to carry oil as fuel or cargo.
      9. (I) Vessel name--the name of the vessel as it appears on the vessel's Certificate of Documentation issued by the United States Coast Guard pursuant to 46 CFR Part 67 or the common name of the vessel.

   2. (2) Vessel Information. Owners/operators of OSPRA vessels must maintain vessel information onboard that is readily accessible to the vessel crew. Owners/operators may choose to incorporate OSPRA vessel plans into existing OPA or IMO plans in satisfaction of this subsection. Except for OSPRA vessel plans which are incorporated into existing OPA or IMO plans, vessel information shall include, at a minimum, the information listed in subparagraphs (A)-(E) of this paragraph; any format may be used to include the information listed herein.

      1. (A) the name, address, and 24-hour contact number of the owner/operator;
      2. (B) the vessel name;
      3. (C) the official number or state registration number;
      4. (D) the total oil storage capacity of the vessel; and
      5. (E) the name of the designated "person in charge".

   3. (3) Spill Response Information. Owners/operators of OSPRA vessels must maintain spill response information onboard that is readily accessible to the vessel crew. Spill response information may also be maintained onshore by any person designated by the owner/operator; however, if spill response information is also maintained onshore, the information must include the specific responsibilities of the onshore personnel, vessel crew, and designated "person in charge" both onshore and onboard the vessel. Owners/operators may choose to incorporate OSPRA vessel plans into existing OPA or IMO plans in satisfaction of this subsection. Except for OSPRA vessel plans which are incorporated into existing OPA or IMO plans, spill response information shall contain, at a minimum, the information listed in subparagraphs (A) and (B) of this paragraph; any format may be used to include the information listed herein.

      1. (A) Oil Spill Response Information. Owners/operators of OSPRA vessels must maintain information outlining initial steps that must be taken by vessel personnel to respond to an unauthorized discharge of oil. Owners/operators should prescribe, if necessary, more specificity for this information in order to conform to the particular operations of the vessel and its crew. The oil spill response information shall include, at a minimum, instructions for:

         1. (i) shutting down operations;
         2. (ii) securing the source of the spill;
         3. (iii) assessing the spill situation and evaluating for potential safety hazards to vessel personnel;
         4. (iv) taking immediate action for reducing the potential for future spillage;
         5. (v) assessing the condition of the vessel and taking action to prevent further vessel damage; and
         6. (vi) making notifications as described in subparagraph (B) of this paragraph and taking reasonable steps to abate, contain, and remove the unauthorized discharge of oil.

      2. (B) Notification Information. The person in charge shall notify the GLO of an unauthorized discharge of oil and shall include the information required under §19.32 of this title (relating to Reporting an Unauthorized Discharge of Oil). Owners/operators of OSPRA vessels must maintain 24-hour contact numbers for each geographic area in which the vessel operates for each of the following:

         1. (i) person in charge;
         2. (ii) owner/operator;
         3. (iii) cleanup contractors;
         4. (iv) vessel salvage contractors; and
         5. (v) government agencies.

   4. (4) Spill Prevention Information. Owners/operators of OSPRA vessels are encouraged to maintain sound management practices for spill prevention onboard the vessel. In the event of an oil spill, the GLO will consider whether the owner/operator had spill prevention measures in place and whether vessel personnel were familiar with and executed those measures. The following categories are suggested for use by owners/operators in the development of spill prevention measures:

      1. (A) sound management practices to prevent discharges of oily bilge water;
      2. (B) sound management practices to prevent discharges from oil transfer operations;
      3. (C) sound management practices to prevent discharges from hydraulic system failures;
      4. (D) sound management practices to prevent discharges of oil due to improper vessel maintenance; and
      5. (E) sound management practices to prevent discharges of oil due to improper handling and disposal of petroleum products.
   5. (5) Enforcement. The information required under paragraphs (2) and (3) of this subsection must be presented to GLO personnel upon request. Any owner/operator who violates this subsection is liable to the GLO for civil penalties in accordance with the provisions of OSPRA, §40.251. In the event of an unauthorized discharge of oil, use of spill prevention sound management practices by the owner/operator prior to and during the time of the spill will be considered by GLO personnel in determining whether to assess penalties. Penalties may be reduced or waived if appropriate spill prevention measures were in practice prior to and at the time of the spill.
   6. (6) Exception to Compliance With This Subsection. A one-time, one-port only exception from the requirements of this subsection shall be granted by GLO personnel to an owner/operator who is found to have violated the requirements of this subsection. This exception shall be granted once per owner/operator, not per vessel owned. Any owner/operator using this exception shall comply with the requirements of this subsection within 30 days of the date the exception is granted by GLO personnel. Any owner/operator shall be subject to penalties for any violation of this subsection, 30 days after being granted the one-time only exception by GLO personnel.

Source Note:The provisions of this §19.61 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective June 21, 1998, 23 TexReg 6238.