Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 19 - OIL SPILL PREVENTION AND RESPONSE
Subchapter E - VESSELS
Section 19.60 - Applicability, Definitions, Exemptions
Universal Citation: 31 TX Admin Code ยง 19.60
Current through Reg. 49, No. 38; September 20, 2024
(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) 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.
(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.
(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)
A request for exemption must be made in writing and can be submitted in the
following ways:
(A) 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) Sent by facsimile to the GLO's Oil Spill
Prevention and Response Program at (512) 475-1560; or
(C) Via e-mail to
oilspills@glo.texas.gov.
(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.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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