Texas Register
to Ms. Melinda Tracy, Texas Register
Liaison, Texas General Land Office, Legal Services Division, P.O. Box 12873,
Austin, Texas 78711-2873.
The amended sections are proposed under the OSPRA, Natural Resources
Code, Title 2, Chapter 40, Subchapter A, §40.007(a), which gives the
commissioner of the GLO the authority to promulgate rules necessary and convenient
to the administration of OSPRA.
OSPRA, Natural Resources Code, Title 2, Chapter 40 is affected by the proposed
amendments and proposed new section.
Applicability, Definitions, Exemptions
[
Definitions and Correspondence for Vessels
].
(a)
Applicability. This subchapter
applies to any vessel that operates in the coastal waters of the state of
Texas and has a total fuel, lube and cargo tank capacity equal to or exceeding
10,000 U.S. gallons.
(b)
[
(a)
] Definitions. 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)
MARPOL 73/78--The International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended.
(2)
Annex I of MARPOL--Regulations for the Prevention of Pollution
by Oil.
(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)
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)
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.
[
(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.]
[
(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. ]
[
(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. ]
(6)
Authorized Person--The person
who is responsible for and in control of all oil spill response operations
on behalf of the vessel.
(7)
Official Number--The unique
number assigned to a vessel for purposes of identification, e.g., the Texas
State Registration Number, IMO Number, OPA Plan Number, etc.
(8)
Preparedness Manager--As required
by MARPOL 73/78, the person responsible for ensuring that personnel aboard
an international vessel are properly trained in mitigating and controlling
an unauthorized discharge of oil.
(9)
Qualified Individual--The person
authorized by the owner or operator of a vessel to conduct and assume responsibility
for all emergency response operations for the vessel.
[
(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.]
(c)
Exemptions.
(1)
The GLO may grant an exemption from compliance
with any requirement in this subchapter if special circumstances such as those
listed below are identified by a vessel owner or operator and a request for
exemption is submitted to the GLO as soon as possible before the effective
period of the exemption being requested. Requests for exemptions will be considered
by the GLO for the following situations, which are not meant to be exclusive
of other situations where an exemption may be appropriate.
(A)
A vessel with only residual cargo or fuel on
board being towed for repair, salvage, or demolition.
(B)
Vessels involved in unplanned emergency response
or rescue activities.
(C)
Vessels involved in an emergency caused by operational
malfunctions or the violence of nature.
(2)
Depending on the exigency of the situation,
a request for exemption can be made either in writing or by telephone.
(A)
General exemption requests for non-emergency
situations must be made in writing and mailed to: Texas General Land Office,
Oil Spill Prevention and Response Program, P.O. Box 12873, Austin, Texas 78711-2873.
The written request can also be sent by facsimile to the GLO's Oil Spill Prevention
and Response Program at (512) 475-1560.
(B)
In the event of an in extremis situation, where
a written request for exemption is impractical, a request for an emergency
exemption can be made by calling the GLO at 1-800-832-8224. A party making
an emergency request by telephone must also send the GLO a written request
by mail or facsimile as soon as possible.
(3)
All written requests for an exemption must include
the following information:
(A)
the vessel's name;
(B)
the vessel's qualified individual or person
in charge;
(C)
whether a vessel-specific and approved oil spill
prevention and response plan is aboard the vessel;
(D)
the specific requirement for which an exemption
is being sought;
(E)
a summary statement on why the exemption is
being sought; and
(F)
the expected duration of the situation for which
an exemption is sought.
(4)
The GLO will respond to requests for exemption
as soon as possible. The vessel's owner or operator is responsible for obtaining
the exemption before entering Texas coastal waters. If the exemption is denied,
the GLO will provide its reasoning for denial.
Vessel
Response Plans.
(a)
Vessel Response Plan Requirements
[
OPA
Vessels.
]
(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:
[
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.
]
(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:
[
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:
]
(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.
[
general information and introduction;
]
(B)
Qualified individual(s), authorized person(s), or
preparedness manager(s).
[
notification procedures;
]
(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.
[
list of contacts;
]
(D)
The total vessel capacity for fuel and oil.
[
geographic-specific appendix for each captain of the port (COTP) zone
in Texas in which the vessel intends to operate;
]
[
(E)
vessel-specific appendix for
each vessel which intends to enter coastal waters of the State of Texas covered
by the plan; and]
[
(F)
shore-based response activities.]
(b)
Submission of Information to the GLO.
[
IMO Vessels.
]
(1)
Applicability. This subsection applies to all owners
or operators of vessels subject to regulation by Subchapter E that are required
by OPA to maintain a vessel response plan or that are in excess of 400 gross
tons and required by the International Maritime Organization to maintain a
SOPEP.
[
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)
Owners or operators of vessels to which this subsection
applies must submit the following information to the GLO:
[
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:
]
(A)
the name of the owner and operator;
[
a
copy of its flag state or authorized organization approval of the IMO Regulation
26 Shipboard oil pollution emergency plan; and
]
(B)
the address of the owner and operator;
[
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.
]
[
Figure 1: 31 TAC 19.61(b)(2)(B)
]
[
(i)
Vessel Information. The registered
name, flag state, port of registry of the vessel, international call sign,
official number and issuer of the number, IMO number, gross tonnage, overall
length, breadth and summer draught. Any previous registered names of the vessel
shall also be provided and if the vessel has not previously been registered
under another name, such fact shall be affirmatively stated. The owner, operator
or manager of an IMO vessel shall also submit a general arrangement plan showing
the location and tank capacities for those tanks which carry oil. ]
[
(ii)
Notification Information.
The name, address, telephone number, and facsimile number of the owner, operator
and manager of the vessel. The telephone number provided shall be a 24-hour
contact number for the person named as owner, operator and manager. ]
[
(iii)
Vessel Personnel Information.
Every owner, operator or manager of an IMO vessel that intends to traverse
Texas coastal waters shall designate a: ]
[
(I)
Authorized Person: who is responsible for and
in control of all oil spill response operations on behalf of the vessel. This
person must be available 24 hours a day to ensure prompt response to oil spills
in Texas coastal waters. This person need not be onboard the vessel but must
have independent authority to deploy response equipment and to expend funds
necessary for response actions. This information is required pursuant to Regulation
26, §2.2.4. Further responsibilities of the person in charge are delineated
at §19.16 of this title (relating to Person in Charge). ]
[
(II)
Preparedness Manager: who is responsible for
ensuring that personnel aboard an IMO vessel are properly trained in mitigation
and control of an unauthorized discharge of oil. This information is required
pursuant to Regulation 26, §2.5.1. ]
[
(iv)
Vessel Response Organization.
Every owner, operator or manager of an IMO vessel that intends to traverse
Texas coastal waters shall maintain onboard the name and telephone numbers
of two oil spill response organizations identified as capable of providing
a timely response to an unauthorized discharge of oil from the vessel, at
her intended port of call and at any portion of the route of said vessel to
and from the port of call. ]
(C)
the electronic mail (email) address, if applicable;
[
Changes in IMO Vessel Form. Any change in any information required
pursuant to this section shall be submitted to the GLO as soon as possible
when the vessel is entering Texas waters. Vessels not entering Texas waters
shall report such changes to the GLO within 30 days of the change.
]
(D)
the phone and facsimile number of the owner and operator;
[
DCO List. The GLO shall provide, upon request, a list of DCOs
certified in Texas.
]
(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:
Figure: 31 TAC §19.61(b)(3)
(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 vesselplan@glo.state.tx.us.
[
(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)
Definitions. The following words, terms and
phrases, when used in this subsection only, shall have the following meanings,
unless the context clearly indicates otherwise. ]
[
(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. ]
[
(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. ]
[
(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. ]
[
(D)
Owner/operator--any person owning, operating,
or chartering by demise a vessel. ]
[
(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.
]
[
(F)
Sound management practices--practices that,
when used consistently, help prevent discharges of oil. ]
[
(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. ]
[
(H)
Total oil storage capacity--the total capacity,
in gallons, of all tanks onboard the vessel designed to carry oil as fuel
or cargo. ]
[
(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)
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. ]
[
(A)
the name, address, and 24-hour contact number
of the owner/operator;]
[
(B)
the vessel name; ]
[
(C)
the official number or state registration number;
]
[
(D)
the total oil storage capacity of the vessel;
and ]
[
(E)
the name of the designated "person in charge".
]
[
(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. ]
[
(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:]
[
(i)
shutting down operations; ]
[(ii)
securing the source of the spill; ]
[
(iii)
assessing the spill situation and evaluating
for potential safety hazards to vessel personnel; ]
[
(iv)
taking immediate action for reducing the potential
for future spillage; ]
[
(v)
assessing the condition of the vessel and taking
action to prevent further vessel damage; and ]
[
(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. ]
[
(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:]
[
(i)
person in charge; ]
[
(ii)
owner/operator; ]
[
(iii)
cleanup contractors; ]
[
(iv)
vessel salvage contractors; and ]
[
(v)
government agencies. ]
[
(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: ]
[
(A)
sound management practices to prevent discharges
of oily bilge water; ]
[
(B)
sound management practices to prevent discharges
from oil transfer operations; ]
[
(C)
sound management practices to prevent discharges
from hydraulic system failures; ]
[
(D)
sound management practices to prevent discharges
of oil due to improper vessel maintenance; and ]
[
(E)
sound management practices to prevent discharges
of oil due to improper handling and disposal of petroleum products. ]
[
(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)
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.]
§19.62.Financial Responsibility.
Owners and operators of vessels shall establish and
maintain evidence of financial responsibility for costs and damages from unauthorized
discharges of oil pursuant to any applicable federal law.
[
(a)
OPA vessels are required to
have proof of financial responsibility pursuant to OPA, §2716. ]
[
(b)
OSPRA vessels will be required
to meet the financial responsibility requirements of OSPRA, §40.202(a)(1)
and (2), when rules are adopted under that section. ]
[
(c)
IMO vessels, that are also
covered by OPA, are required to have proof of financial responsibility pursuant
to OPA, §2716.]
§19.63.Entry into Port and Movement.
(a)
(No change.)
(b)
Before being granted entry into any port in this state,
a person in charge of any vessel may be required to report or show the following:
(1)-(4)
(No change.)
(5)
that the vessel has evidence of financial responsibility
as required by federal law or OSPRA[
.
]
;or
(6)
arrival and departure times
for Texas ports.
(c)
The GLO may require any vessel to stay at a berth
in a Texas port or at an anchorage location if the GLO determines that any
movement of the vessel presents a threat of an unauthorized discharge of oil
to Texas coastal waters.
[
Before being granted entry into port,
an OPA vessel may be required to produce, in addition to the information required
by subsection (b) of this section, information related to:
]
[
(1)
vessel name; ]
[
(2)
vessel's qualified individual,
who can be contacted at any time; ]
[
(3)
the estimated time of arrival
and of departure from the port of call; and ]
[
(4)
an approved vessel response
plan that is aboard the vessel (except that the vessel making a one time,
one port entry need not have a geographic specific appendix); and ]
[
(5)
the availability of sufficient
resources to adequately abate, contain and remove any unauthorized discharge
of oil from the vessel. ]
[
(d)
Before being granted entry
into port, an IMO vessel may be required to produce, in addition to the information
required by subsection (b) of this section, information related to:]
[
(1)
vessel name; ]
[
(2)
person in charge, who can be contacted at any
time; ]
[
(3)
the estimated time of arrival and of departure
from the port of call; ]
[
(4)
an approved IMO vessel response plan that is
aboard the vessel; and]
[
(5)
identification of two response organizations
that can adequately abate, contain and remove any unauthorized discharge of
oil from the vessel.]
[
(e)
Any IMO vessel or OPA vessel,
requiring entry into a Texas port due to a change in orders or due to an emergency
caused by operational malfunctions or force of nature shall be entitled to
entry into a Texas port if the following information is supplied: vessel name;
vessel's qualified individual or person in charge, who can be contacted at
any time; estimated time of arrival and departure from port; an approved response
plan on board the vessel; and identification of two response organizations
that can adequately abate, contain and remove an unauthorized discharge of
oil from the vessel.]
[
(f)
Exception to compliance with
this subchapter. A one time, one port only exception from the requirements
of this subchapter will be granted pursuant to this subsection. Any IMO vessel
or OPA vessel shall be denied entry into port pursuant to this section, after
utilizing this one time, one port exception. An IMO vessel or OPA vessel requesting
this exception due to changed orders shall submit to the GLO the IMO Vessel
Form or the OPA vessel response plan, required pursuant to §19.61 of
this title (relating to Response Plans), as soon as practicable after the
one time, one port entry.]
§19.64.Vessel Operations.
Pollution Prevention Requirements. Vessel operators, when carrying
oil as fuel or cargo or conducting fuel or oil transfers, shall at all times
comply with applicable federal laws and regulations concerning the carriage
and transfer of fuel and oil.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 20, 2000.
TRD-200005010
Larry Soward
Chief Clerk
General Land Office
Earliest possible date of adoption: September 3, 2000
For further information, please call: (512) 305-9129