| (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.
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| Source Note: The provisions of this §19.60 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective December 3, 2000, 25 TexReg 11661; amended to be effective January 27, 2013, 38 TexReg 296 |
