{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 155 sorted by section_id", "rows": [["14:14:3.0.1.3.26.0.3.1", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.1 Applicability.", "FAA", "", "", "", "This part applies to releases from terms, conditions, reservations, or restrictions in any deed, surrender of leasehold, or other instrument of transfer or conveyance (in this part called \u201cinstrument of disposal\u201d) by which some right, title, or interest of the United States in real or personal property was conveyed to a non-Federal public agency under section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61 Stat. 678) to be used by that agency in developing, improving, operating, or maintaining a public airport or to provide a source of revenue from non-aviation business at a public airport."], ["14:14:3.0.1.3.26.0.3.2", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.3 Applicable law.", "FAA", "", "", "", "(a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) authorizes the Administrator to grant the releases described in \u00a7 155.1, if he determines that\u2014\n\n(1) The property to which the release relates no longer serves the purpose for which it was made subject to the terms, conditions, reservations, or restrictions concerned; or\n\n(2) The release will not prevent accomplishing the purpose for which the property was made subject to the terms, conditions, reservations, or restrictions, and is necessary to protect or advance the interests of the United States in civil aviation.\n\nIn addition, section 4 of that Act authorizes the Administrator to grant the releases subject to terms and conditions that he considers necessary to protect or advance the interests of the United States in civil aviation.\n\n(b) Section 2 of the Act of October 1, 1949 (63 Stat. 700) provides that the restrictions against using structures for industrial purposes in any instrument of disposal issued under section 13(g)(2)(A) of the Surplus Property Act of 1944, as amended (61 Stat. 678) are considered to be extinguished. In addition, section 2 authorizes the Administrator to issue any instruments of release or conveyance necessary to remove, of record, such a restriction, without monetary consideration to the United States.\n\n(c) Section 68 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2098) releases, remises, and quitclaims, to persons entitled thereto, all reserved rights of the United States in radioactive minerals in instruments of disposal of public or acquired lands. In addition, section 3 of the Act of October 1, 1949 (50 U.S.C. App. 1622b) authorizes the Administrator to issue instruments that he considers necessary to correct any instrument of disposal by which surplus property was transferred to a non-Federal public agency for airport purposes or to conform the transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the Administrator issues appropriate instruments of correction upon the written request of persons entitled to ownership, occupancy, or use of the lands concerned."], ["14:14:3.0.1.3.26.0.3.3", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.5 Property and releases covered by this part.", "FAA", "", "", "", "This part applies to\u2014\n\n(a) Any real or personal property that is subject to the terms, conditions, reservations, or restrictions in an instrument of disposal described in \u00a7 155.1; and\n\n(b) Any release from a term, condition, reservation, or restriction in such an instrument, including a release of\u2014\n\n(1) Personal property, equipment, or structures from any term, condition, reservation, or restriction so far as necessary to allow it to be disposed of for salvage purposes;\n\n(2) Land, personal property, equipment or structures from any term, condition, reservation, or restriction requiring that it be used for airport purposes to allow its use, lease, or sale for nonairport use in place;\n\n(3) Land, personal property, equipment, or structures from any term, condition, reservation, or restriction requiring its maintenance for airport use;\n\n(4) Land, personal property, equipment, or structures from all terms, conditions, restrictions, or reservations to allow its use, lease, sale, or other disposal for nonairport purposes; and\n\n(5) Land, personal property, equipment, or structures from the reservation of right of use by the United States in time of war or national emergency, to facilitate financing the operation and maintenance or further development of a public airport."], ["14:14:3.0.1.3.26.0.3.4", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.7 General policies.", "FAA", "", "", "", "(a) Upon a request under \u00a7 155.11, the Administrator issues any instrument that is necessary to remove, of record, any restriction against the use of property for industrial purposes that is in an instrument of disposal covered by this part.\n\n(b) The Administrator does not issue a release under this part if it would allow the sale of the property concerned to a third party, unless the public agency concerned has obligated itself to use the proceeds from the sale exclusively for developing, improving, operating, or maintaining a public airport.\n\n(c) Except for a release from a restriction against using property for industrial purposes, the Administrator does not issue a release under this part unless it is justified under \u00a7 155.3(a) (1) or (2).\n\n(d) The Administrator may issue a release from the terms, conditions, reservations, or restrictions of an instrument of disposal subject to any other terms or conditions that he considers necessary to protect or advance the interests of the United States in civil aviation. Such a term or condition, including one regarding the use of proceeds from the sale of property, is imposed as a personal covenant or obligation of the public agency concerned rather than as a term or condition to the release or as a covenant running with the land, unless the Administrator determines that the purpose of the term or condition would be better achieved as a condition or covenant running with the land.\n\n(e) A letter or other document issued by the Administrator that merely grants consent to or approval of a lease, or to the use of the property for other than the airport use contemplated by the instrument of disposal, does not otherwise release the property from the terms, conditions, reservations, or restrictions of the instrument of disposal."], ["14:14:3.0.1.3.26.0.3.5", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.9 Release from war or national emergency restrictions.", "FAA", "", "", "", "(a) The primary purpose of each transfer of surplus airport property under section 13 of the Surplus Property Act of 1944 was to make the property available for public or civil airport needs. However, it was also intended to ensure the availability of the property transferred, and of the entire airport, for use by the United States during a war or national emergency, if needed. As evidence of this purpose, most instruments of disposal of surplus airport property reserved or granted to the United States a right of exclusive possession and control of the airport during a war or emergency, substantially the same as one of the following:\n\n(1) That during the existence of any emergency declared by the President or the Congress, the Government shall have the right without charge except as indicated below to the full, unrestricted possession, control, and use of the landing area, building areas, and airport facilities or any part thereof, including any additions or improvements thereto made subsequent to the declaration of the airport property as surplus:  Provided, however,  That the Government shall be responsible during the period of such use for the entire cost of maintaining all such areas, facilities, and improvements, or the portions used, and shall pay a fair rental for the use of any installations or structures which have been added thereto without Federal aid.\n\n(2) During any national emergency declared by the President or by Congress, the United States shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport at which the surplus property is located or used or of such portion thereof as it may desire:  Provided, however,  That the United States shall be responsible for the entire cost of maintaining such part of the airport as it may use exclusively, or over which it may have exclusive possession and control, during the period of such use, possession, or control and shall be obligated to contribute a reasonable share, commensurate with the use made by it, of the cost of maintenance of such property as it may use nonexclusively or over which it may have nonexclusive control and possession:  Provided further,  That the United States shall pay a fair rental for its use, control, or possession, exclusively or nonexclusively, of any improvements to the airport made without U.S. aid.\n\n(b) A release from the terms, conditions, reservations, or restrictions of an instrument of disposal that might prejudice the needs or interests of the armed forces, is granted only after consultation with the Department of Defense."], ["14:14:3.0.1.3.26.0.3.6", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.11 Form and content of requests for release.", "FAA", "", "", "[Docket 1329, 27 FR 12361, Dec. 13, 1962, as amended by Amdt. 155-1, 45 FR 56622, Aug. 25, 1980]", "(a) A request for the release of surplus airport property from a term, condition, reservation, or restriction in an instrument of disposal need not be in any special form, but must be in writing and signed by an authorized official of the public agency that owns the airport.\n\n(b) A request for a release under this part must be submitted in triplicate to the District Airport Engineer in whose district the airport is located.\n\n(c) Each request for a release must include the following information, if applicable and available:\n\n(1) Identification of the instruments of disposal to which the property concerned is subject.\n\n(2) A description of the property concerned.\n\n(3) The condition of the property concerned.\n\n(4) The purpose for which the property was transferred, such as for use as a part of, or in connection with, operating the airport or for producing revenues from nonaviation business.\n\n(5) The kind of release requested.\n\n(6) The purpose of the release.\n\n(7) A statement of the circumstances justifying the release on the basis set forth in \u00a7 155.3(a) (1) or (2) with supporting documents.\n\n(8) Maps, photographs, plans, or similar material of the airport and the property concerned that are appropriate to determining whether the release is justified under \u00a7 155.9.\n\n(9) The proposed use or disposition of the property, including the terms and conditions of any proposed sale or lease and the status of negotiations therefor.\n\n(10) If the release would allow sale of any part of the property, a certified copy of a resolution or ordinance of the governing body of the public agency that owns the airport obligating itself to use the proceeds of the sale exclusively for developing, improving, operating, or maintaining a public airport.\n\n(11) A suggested letter or other instrument of release that would meet the requirements of State and local law for the release requested.\n\n(12) The sponsor's environmental assessment prepared in conformance with Appendix 6 of FAA Order 1050.1C, \u201cPolicies and Procedures for Considering Environmental Impacts\u201d (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, \u201cAirport Environmental Handbook\u201d (45 FR 56624; Aug. 25, 1980), if an assessment is required by Order 5050.4. Copies of these orders may be examined in the Rules Docket, Office of the Chief Counsel, FAA, Washington, D.C., and may be obtained on request at any FAA regional office headquarters or any airports district office."], ["14:14:3.0.1.3.26.0.3.7", 14, "Aeronautics and Space", "I", "I", "155", "PART 155\u2014RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS", "", "", "", "\u00a7 155.13 Determinations by FAA.", "FAA", "", "", "", "(a) An FAA office that receives a request for a release under this part, and supporting documents therefore, examines it to determine whether the request meets the requirements of the Act of October 1, 1949 (63 Stat. 700) so far as it concerns the interests of the United States in civil aviation and whether it might prejudice the needs and interests of the armed forces. Upon a determination that the release might prejudice those needs and interests, the Department of Defense is consulted as provided in \u00a7 155.9(b).\n\n(b) Upon completing the review, and receiving the advice of the Department of Defense if the case was referred to it, the FAA advises the airport owner as to whether the release or a modification of it, may be granted. If the release, or a modification of it acceptable to the owner, is granted, the FAA prepares the necessary instruments and delivers them to the airport owner."], ["17:17:2.0.1.1.24.0.1.1", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7 155.1 Definitions.", "CFTC", "", "", "[46 FR 63036, Dec. 30, 1981, and 48 FR 35304, Aug. 3, 1983]", "For purposes of this part, the term  affiliated person  of a futures commission merchant or of an introducing broker means any general partner, officer, director, owner of more than ten percent of the equity interest, associated person or employee of the futures commission merchant or of the introducing broker, and any relative or spouse of any of the foregoing persons, or any relative of such spouse, who shares the same home as any of the foregoing persons."], ["17:17:2.0.1.1.24.0.1.2", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7 155.2 Trading standards for floor brokers.", "CFTC", "", "", "[41 FR 56142, Dec. 23, 1976, as amended at 46 FR 54534, Nov. 3, 1981; 46 FR 63036, Dec. 30, 1981; 47 FR 57020, Dec. 22, 1982; 59 FR 5528, Feb. 7, 1994; 77 FR 66348, Nov. 2, 2012; 89 FR 71820, Sept. 4, 2024]", "Each contract market shall adopt rules which shall, at a minimum, with respect to each member of the contract market acting as a floor broker:\n\n(a) Prohibit such member from purchasing any commodity for future delivery, purchasing any call option, or selling any put option, for his own account or for any account in which he has an interest, while holding an order of another person for the (1) purchase of any future, (2) purchase of any call option, or (3) sale of any put option, in the same commodity which is executable at the market price or at the price at which such purchase or sale can be made for the member's own account or any account in which he has an interest.\n\n(b) Prohibit such member from selling any commodity for future delivery, selling any call option, or purchasing any put option, for his own account or for any account in which he has an interest, while holding an order of another person for the (1) sale of any future, (2) sale of any call option, or (3) purchase of any put option, in the same commodity which is executable at the market price or at the price at which such sale or purchase can be made for the member's own account or any account in which he has an interest.\n\n(c) Prohibit such member from executing any transaction for any account of another person for which buying and/or selling orders can be placed or originated, or for which transactions can be executed, by such member without the prior specific consent of the account owner, regardless of whether the general authorization for such orders or transactions is pursuant to a written agreement, except that orders for such an account may be placed with another member for execution.\n\n(d) Prohibit such member from disclosing at any time that he is holding an order of another person or from divulging any order revealed to him by reason of his relationship to such other person, except pursuant to paragraph (c) of this section or at the request of an authorized representative of the Commission or the contract market.\n\n(e) Prohibit such member from taking, directly or indirectly, the other side of any order of another person revealed to him by reason of his relationship to such other person, except with such other person's prior consent and in conformity with contract market rules approved by the Commission.\n\n(f) Prohibit such member from making any purchase or sale which has been directly or indirectly prearranged.\n\n(g) Prohibit such member from allocating trades among accounts except in accordance with rules of the contract market which have been approved by the Commission.\n\n(h) Prohibit such member from withholding or withdrawing from the market any order or part of an order of another person for the convenience of another member.\n\n(i) Require that every execution of a transaction on the floor by such member be confirmed promptly with the opposite floor broker or floor trader; such confirmation shall identify price or premium, quantity, future or commodity option and respective clearing members. In the event a contract market cannot require prompt identification of respective clearing members without seriously disrupting the functions of its marketplace, the contract market may petition the Commission for exemption from this requirement. Such petition shall include:\n\n(1) An explanation of why the contract market cannot require the prompt identification of respective clearing members without seriously disrupting the functions of its marketplace, and\n\n(2) A proposed contract market rule which will ensure that the opposite sides of every trade executed on the contract market can be effectively matched and will be accepted by a clearing member for clearance or will be otherwise sufficiently guaranteed.\n\nThe Commission may, in its discretion and upon such terms and conditions as it deems appropriate, grant such petition for exemption upon finding that the functions of the contract market may be seriously disrupted by requiring the prompt identification of respective clearing members and that the contract market appears to have adequately ensured that every trade executed thereon can be effectively matched and will be accepted by a clearing member for clearance or will be otherwise sufficiently guaranteed."], ["17:17:2.0.1.1.24.0.1.3", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7 155.3 Trading standards for futures commission merchants.", "CFTC", "", "", "[41 FR 56142, Dec. 23, 1976, as amended at 44 FR 71821, Dec. 12, 1979; 46 FR 54535, Nov. 3, 1981; 46 FR 63036, Dec. 30, 1981; 47 FR 57020, Dec. 22, 1982; 48 FR 35304, Aug. 3, 1983; 66 FR 53523, Oct. 23, 2001; 70 FR 5924, Feb. 4, 2005; 77 FR 66349, Nov. 2, 2012; 83 FR 7997, Feb. 23, 2018; 89 FR 71820, Sept. 4, 2024]", "(a) Each futures commission merchant shall, at a minimum, establish and enforce internal rules, procedures and controls to:\n\n(1) Ensure, to the extent possible, that each order received from a customer which is executable at or near the market price is transmitted to the floor of the appropriate contract market before any order in any future or in any commodity option in the same commodity for any proprietary account, any other account in which an affiliated person has an interest, or any account for which an affiliated person may originate orders without the prior specific consent of the account owner, if the affiliated person has gained knowledge of the customer's order prior to the transmission to the floor of the appropriate contract market of the order for a proprietary account, an account in which the affiliated person has an interest, or an account in which the affiliated person may originate orders without the prior specific consent of the account owner; and\n\n(2) Prevent affiliated persons from placing orders, directly or indirectly, with another futures commission merchant in a manner designed to circumvent the provisions of paragraph (a)(1) of this section.\n\n(b) No futures commission merchant or any of its affiliated persons shall:\n\n(1) Disclose that an order of another person is being held by the futures commission merchant or any of its affiliated persons, unless such disclosure is necessary to the effective execution of such order or is made at the request of an authorized representative of the Commission, the contract market on which such order is to be executed, or a futures association registered with the Commission pursuant to section 17 of the Act; or\n\n(2)(i) Knowingly take, directly or indirectly, the other side of any order of another person revealed to the futures commission merchant or any of its affiliated persons by reason of their relationship to such other person, except with such other person's prior consent and in conformity with contract market rules approved by or certified to the Commission.\n\n(ii) In the case of a customer who does not qualify as an \u201cinstitutional customer\u201d as defined in \u00a7 1.3 of this chapter, a futures commission merchant must obtain the customer's prior consent through a signed acknowledgment, which may be accomplished in accordance with \u00a7 1.55(d) of this chapter.\n\n(c) No futures commission merchant shall knowingly handle the account of any affiliated person of another futures commission merchant or of an introducing broker unless the futures commission merchant:\n\n(1) Receives written authorization from a person designated by such other futures commission merchant or introducing broker with responsibility for the surveillance over such account pursuant to paragraph (a)(2) of this section or \u00a7 155.4(a)(2), respectively;\n\n(2) Prepares immediately upon receipt of an order for such account a written record of such order, including the account identification and order number, and records thereon, by time-stamp or other timing device, the date and time, to the nearest minute, the order is received; and\n\n(3) Transmits on a regular basis to such other futures commission merchant or introducing broker copies of all statements for such account and of all written records prepared upon the receipt of orders for such account pursuant to paragraph (c)(2) of this section.\n\n(d) No affiliated person of a futures commission merchant shall have an account, directly or indirectly, with another futures commission merchant unless:\n\n(1) Such affiliated person receives written authorization to maintain such an account from a person designated by the futures commission merchant with which such person is affiliated with responsibility for the surveillance over such account pursuant to paragraph (a)(2) of this section; and\n\n(2) Copies of all statements for such account and of all written records prepared by such other futures commission merchant upon receipt of orders for such account pursuant to paragraph (c)(2) of this section are transmitted on a regular basis to the future commission merchant with which such person is affiliated."], ["17:17:2.0.1.1.24.0.1.4", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7 155.4 Trading standards for introducing brokers.", "CFTC", "", "", "[48 FR 35304, Aug. 3, 1983, as amended at 66 FR 53523, Oct. 23, 2001; 70 FR 5924, Feb. 4, 2005; 77 FR 66349, Nov. 2, 2012; 83 FR 7997, Feb. 23, 2018; 89 FR 71820, Sept. 4, 2024]", "(a) Each introducing broker shall, at a minimum, establish and enforce internal rules, procedures and controls to:\n\n(1) EInsure, to the extent possible, that each order received from a customer which is executable at or near the market price is transmitted to the futures commission merchant carrying the account of the customer before any order in any future or in any commodity option in the same commodity for any proprietary account, any other account in which an affiliated person has an interest, or any account for which an affiliated person may originate orders without the prior specific consent of the account owner, if the affiliated person has gained knowledge of the customer's order prior to the transmission to the floor of the appropriate contract market of the order for a proprietary account, an account in which the affiliated person has an interest, or an account in which the affiliated person may originate orders without the prior specific consent of the account owner; and\n\n(2) Prevent affiliated persons from placing orders, directly or indirectly, with any futures commission merchant in a manner designed to circumvent the provisions of paragraph (a)(1) of this section.\n\n(b) No introducing broker or any of its affiliated persons shall:\n\n(1) Disclose that an order of another person is being held by the introducing broker or any of its affiliated persons, unless such disclosure is necessary to the effective execution of such order or is made at the request of an authorized representative of the Commission, the contract market on which such order is to be executed, or a futures association registered with the Commission pursuant to section 17 of the Act; or\n\n(2)(i) Knowingly take, directly or indirectly, the other side of any order of another person revealed to the introducing broker or any of its affiliated persons by reason of their relationship to such other person, except with such other persons's prior consent and in conformity with contract market rules approved by or certified to the Commission.\n\n(ii) In the case of a customer who does not qualify as an \u201cinstitutional customer\u201d as defined in \u00a7 1.3 of this chapter, an introducing broker must obtain the customer's prior consent through a signed acknowledgment, which may be accomplished in accordance with \u00a7 1.55(d) of this chapter.\n\n(c) No affiliated person of an introducing broker shall have an account, directly or indirectly, with any futures commission merchant unless:\n\n(1) Such affiliated person receives written authorization to maintain such an account from a person designated by the introducing broker with which such person is affiliated with responsibility for the surveillance over such account pursuant to paragraph (a)(2) of this section; and\n\n(2) Copies of all statements for such account and of all written records prepared by such futures commission merchant upon receipt of orders for such account pursuant to \u00a7 155.3(c)(2) are transmitted on a regular basis to the introducing broker with which such person is affiliated."], ["17:17:2.0.1.1.24.0.1.5", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7\u00a7 155.5-155.6 [Reserved]", "CFTC", "", "", "", ""], ["17:17:2.0.1.1.24.0.1.6", 17, "Commodity and Securities Exchanges", "I", "", "155", "PART 155\u2014TRADING STANDARDS", "", "", "", "\u00a7 155.10 Exemptions.", "CFTC", "", "", "[41 FR 56142, Dec. 23, 1976, as amended at 46 FR 63036, Dec. 30, 1981]", "Except as otherwise provided in this part, the Commission may, in its discretion and upon such terms and conditions as it deems appropriate, exempt any contract market or other person from any of the provisions of this part."], ["21:21:2.0.1.1.33.1.1.1", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 155.3 Definitions.", "FDA", "", "", "[45 FR 43398, June 27, 1980, as amended at 47 FR 11831, Mar. 19, 1982; 48 FR 3954, Jan. 28, 1983; 54 FR 24895, June 12, 1989; 63 FR 14035, Mar. 24, 1998]", "For the purposes of this part:\n\n(a) The procedure for determining drained weight is set forth in the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), sections 32.001-32.003, which is incorporated by reference. Copies are available from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Compliance  means the following: Unless otherwise provided in a standard, a lot of canned vegetables shall be deemed in compliance for the following factors, to be determined by the sampling and acceptance procedure as provided in paragraph (c) of this section, namely:\n\n(1)  Quality.  The quality of a lot shall be considered acceptable when the number of defectives does not exceed the acceptance number (c) in the sampling plans.\n\n(2)  Fill of container.  A lot shall be deemed to be in compliance for fill of container (packing medium and vegetable ingredient) when the number of defectives does not exceed the acceptance number (c) in the sampling plans.\n\n(3)  Drained weight.  A lot shall be deemed to be in compliance for drained weight based on the average value of all samples analyzed according to the sampling plans.\n\n(c) The  sampling and acceptance procedure  means the following:\n\n(1)  Definitions \u2014(i)  Lot.  A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade.\n\n(ii)  Lot size.  The number of primary containers or units in the lot.\n\n(iii)  Sample size.  The total number of sample units drawn for examination from a lot.\n\n(iv)  Sample unit.  A container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit. For fill of container, the sample unit shall be the entire contents of the container.\n\n(v)  Defective.  Any sample unit shall be regarded as defective when the sample unit does not meet the criteria set forth in the standards.\n\n(vi)  Acceptance number (c).  The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements.\n\n(vii)  Acceptable quality level (AQL).  The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time.\n\n(2)  Sampling plans.\n\n1   n  = number of primary containers in sample.\n\n2   c  = acceptance number.\n\n(d)  Strength and redness of color  means at least as much red as is obtained by comparison of the prepared product, with the blended color produced by spinning a combination of the following concentric Munsell color discs of equal diameter, or the color equivalent of such discs:\n\nDisc 1\u2014Red (5R 2.6/13) (glossy finish)\n \n Disc 2\u2014Yellow (2.5 YR 5/12) (glossy finish)\n \n Disc 3\u2014Black (N1) (glossy finish)\n \n Disc 4\u2014Grey (N4) (mat finish)\n\nDisc 1\u2014Red (5R 2.6/13) (glossy finish)\n\nDisc 2\u2014Yellow (2.5 YR 5/12) (glossy finish)\n\nDisc 3\u2014Black (N1) (glossy finish)\n\nDisc 4\u2014Grey (N4) (mat finish)\n\nSuch comparison is to be made in full diffused daylight or under a diffused light source of approximately 2691 lux (250 footcandles) and having a spectral quality approximating that of daylight under a moderately overcast sky, with a correlated color temperature of 7,500 degrees Kelvin \u00b1200 degrees. With the light source directly over the disc and product, observation is made at an angle of 45 degrees from a distance of about 24 inches from the product. Electronic color meters may be used as an alternate means of determining the color of tomato concentrates. Such meters shall be calibrated to indicate that the color of the product is as red or more red than that produced by spinning the Munsell color discs in the combination as set out above.\n\n(e)  Tomato soluble solids  means the sucrose value as determined by the method prescribed in the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed., 1980, sections 32.014 to 32.016 and 52.012, under the headings \u201cSoluble Solids in Tomato Products Official Final Action\u201d and \u201cRefractive Indices (n) of Sucrose Solutions at 20\u00b0,\u201d which is incorporated by reference. Copies are available from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  If no salt has been added, the sucrose value obtained from the referenced tables shall be considered the percent of tomato soluble solids. If salt has been added either intentionally or through the application of the acidified break, determine the percent of such added sodium chloride as specified in paragraph (f) of this section. Subtract the percentage so found from the percentage of total soluble solids found (sucrose value from the refractive index tables) and multiply the difference by 1.016. The resultant value is considered the percent of \u201ctomato soluble solids.\u201d\n\n(f)  Salt  means sodium chloride, determined as chloride and calculated as percent sodium chloride, by the method prescribed in \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed., 1980, sections 32.025 to 32.030, under the heading \u201cMethod III (Potentiometric Method),\u201d which is incorporated by reference."], ["21:21:2.0.1.1.33.2.1.1", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.120 Canned green beans and canned wax beans.", "FDA", "", "", "[42 FR 14449, Mar. 15, 1977, as amended at 42 FR 30359, 30360, June 14, 1977; 45 FR 43398, June 27, 1980; 47 FR 11831, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 57 FR 34245, Aug. 4, 1992; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Definition.  Canned green beans and canned wax beans are the foods prepared from succulent pods of fresh green bean or wax bean plants conforming to the characteristics of  Phaseolus vulgaris  L.  and Phaseolus coccineus  L. The optional color and varietal types and styles of the bean ingredient are set forth in paragraph (a)(2) of this section. The product is packed with water or other suitable aqueous liquid medium to which may be added one or more of the other optional ingredients set forth in paragraph (a)(3) of this section. Such food is so processed by heat, in an appropriate manner before or after being sealed in a container, as to prevent spoilage.\n\n(2)  Optional color and varietal types and styles of pack.  The optional color and varietal types and styles of the bean ingredient referred to in paragraph (a)(1) of this section are:\n\n(i)  Optional color types.  The beans shall be one of the following distinct color types: ( a ) Green; or ( b ) Wax.\n\n(ii)  Optional varietal types \u2014( a )  Round.  Beans having a width not greater than 1\n 1/2  times the thickness of the bean; or\n\n( b )  Flat.  Beans having a width greater than 1\n 1/2  times the thickness of the bean.\n\n(iii)  Optional styles of pack \u2014( a )  Whole.  Whole pods of any length.\n\n( b )  Shoestring or sliced lengthwise or French style.  Pods sliced lengthwise.\n\n( c )  Cuts.  Transversely cut pods not less than 19 mm (0.75 in) long as measured along the longitudinal axis, which may contain the shorter end pieces that result from cutting such pods.\n\n( d )  Short cuts.  Pieces of pods cut transversely of which 75 percent, by count, or more are less than 19 mm (0.75 in) in length and not more than 1 percent by count are more than 32 mm (1\n 1/4  in) in length.\n\n( e )  Diagonal cuts.  Pods cut in lengths as specified in paragraph (a)(2)(iii)( c ) of this section, except the pods are cut at an angle approximately 45\u00b0 to the longitudinal axis.\n\n( f )  Diagonal short cuts.  Pods cut in lengths as specified in paragraph (a)(2)(iii)( d ) of this section, except the pods are cut at an angle approximately 45\u00b0 to the longitudinal axis.\n\n( g )  Mixture.  Any mixture of two or more of the styles specified in paragraph (a)(2)(iii)( a ) to ( f ), inclusive, of this section.\n\n(3)  Optional ingredients.  In addition to the optional packing media listed in paragraph (a)(1) of this section and the optional types and styles of beans ingredient listed in paragraph (a)(2) of this section, the following safe and suitable optional ingredients may be used:\n\n(i) Salt.\n\n(ii) Monosodium glutamate.\n\n(iii) Disodium inosinate.\n\n(iv) Disodium guanylate.\n\n(v) Hydrolyzed vegetable protein.\n\n(vi) Autolyzed yeast extract.\n\n(vii) Nutritive carbohydrate sweeteners.\n\n(viii) Spice.\n\n(ix) Flavoring (except artificial).\n\n(x) Pieces of green or red peppers or mixtures of both, either of which may be dried, or other vegetables not exceeding in total 15 percent by weight of the finished product.\n\n(xi) Vinegar.\n\n(xii) Lemon juice or concentrated lemon juice.\n\n(xiii) Glucono delta-lactone.\n\n(xiv) Mint leaves.\n\n(xv) Butter or margarine in a quantity of not less than 3 percent by weight of the finished product. When butter or margarine is added, emulsifiers or stabilizers, or both, may be added. No spice or flavoring simulating the color or flavor imparted by butter or margarine is used.\n\n(4)  Labeling.  (i) The name of the food is \u201cgreen beans\u201d or \u201cwax beans\u201d as appropriate. Wax beans may be additionally designated \u201cgolden\u201d or \u201cyellow\u201d.\n\n(ii) The following shall be included as part of the name or in conjunction with the name of the food:\n\n( a ) A declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter.\n\n( b ) A declaration of any spice, seasoning, or garnishing that characterizes the product, e.g., \u201cwith added spice\u201d, or, in lieu of the word \u201cspice\u201d, the common name of the spice, e.g., \u201cseasoned with green peppers\u201d.\n\n( c ) The words \u201cvacuum pack\u201d or \u201cvacuum packed\u201d when the weight of the liquid in the container, as determined by the method prescribed in paragraph (b)(2)(i) of this section is not more than 25 percent of the net weight, and the container is closed under conditions creating a high vacuum in the container.\n\n( d ) The name of the optional style of bean ingredient as set forth in paragraph (a)(2)(iii) of this section or, if a product consists of a mixture of such styles, the words \u201cmixture of   \u201d the blank to be filled in with the names of the styles present, arranged in the order of decreasing predominance, if any, by weight of such ingredients. If the product consists of whole beans and the pods are packed parallel to the sides of the container, the word \u201cwhole\u201d may be preceded or followed by the words \u201cvertical pack\u201d, or if the pods are cut at both ends and are of substantially equal lengths, the words \u201casparagus style\u201d may be used in lieu of the words \u201cvertical pack\u201d. If the product consists of short cuts or diagonal short cuts, a numerical expression indicating the predominate length of cut in the finished food may be used in lieu of the word \u201cshort\u201d, e.g., \u201c\n 1/2  inch cut\u201d.\n\n(iii) The following may be included in the name of the food:\n\n( a ) The word \u201cstringless\u201d where the beans are in fact stringless.\n\n( b ) The name of the optional varietal type as specified in paragraph (a)(2)(ii) of this section, or the specific varietal name, e.g., \u201cBlue Lake Green Beans\u201d, or both.\n\n(iv) If a term designating diameter is used, it shall be supported by an exact graphic representation of the cross section of the bean pod or by a statement of the maximum diameter in common or decimal fractions of an inch and, optionally, by the millimeter equivalent stated parenthetically. The diameter of a whole, cut, diagonal cut, or short cut is determined by measuring the thickest portion of the pod at the shorter diameter of the bean perpendicular to the longitudinal axis.\n\n(5)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  (1) When tested by the method prescribed in paragraph (b)(2) of this section:\n\n(i) In the case of cut beans and diagonal cut beans under paragraphs (a)(2)(iii) ( c ) and ( d ) of this section and mixtures of two or more optional forms under paragraph (a)(2)(iii)( g ) of this section, not more than 60 units per 340 g (12 oz) drained weight are less than 13 mm (0.50 in) long:  Provided,  That where the number of units per 340 g (12 oz) drained weight exceeds 240, not more than 25 percent by count of the total units are less than 13 mm (0.50 in) long.\n\n(ii) In case there are present pods or pieces of pods 10.7 mm (\n 27/64 -inch) or more in diameter, there are not more than 12 strings per 340 gm (12 ounces) of drained weight which will support 227 gm (one-half pound) for 5 seconds or longer.\n\n(iii) The deseeded pods contain not more than 0.15 percent by weight of fibrous material.\n\n(iv) There are not more than 10 percent by weight of blemished units of which amount not more than one-half may be materially damaged by insect or pathological injury. A unit is considered blemished when the aggregate blemished area exceeds the area of a circle 3 mm (\n 1/8  in) in diameter. Materially damaged means that the unit is damaged to the extent that the appearance or eating quality of the unit is seriously affected.\n\n(v) There are not more than 8 unstemmed units per 340 g (12 oz) drained weight.\n\n(vi) The combined number of leaves, detached stems, and other extraneous vegetable matter shall not average more than 3 pieces per 340 g (12 oz) drained beans.\n\n(2) Canned beans shall be tested by the following method to determine whether they meet the requirements of paragraph (b)(1) of this section:\n\n(i) Determine the gross weight of the container. Open and distribute the contents of the container over the meshes of a U.S. No. 8 circular sieve with openings of 2.36 mm (0.0937 in), which has been previously weighed. The diameter of the sieve is 20.3 cm (8 in) if the quantity of contents of the container is less than 1.36 kg (3 lb) and 30.5 cm (12 in) if such quantity is 1.36 kg (3 lb) or more. The bottom of the sieve is woven-wire cloth that complies with the specifications of such cloth set forth in \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 15th ed. (1990), vol. 2, p. xii, Table 1, \u201cNominal Dimensions of Standard Test Sieves (USA Standard Series),\u201d under the heading \u201cDefinitions of Terms and Explanatory Notes,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Without shifting the material on the sieve, incline the sieve 17 to 20\u00b0 to facilitate drainage. Two minutes after drainage begins, weigh the sieve and the drained material. Record in grams (ounces) the weight so found, less the weight of the sieve, as the drained weight. Dry and weigh the empty container and subtract this weight from the gross weight to obtain the net weight. Calculate the percent of drained liquid in the net weight.\n\n(ii) Pour the drained material from the sieve into a flat tray and spread it in a layer of fairly uniform thickness. Count the total number of units. For the purpose of this count, loose seeds, pieces of seed, loose stems, and extraneous material are not to be included. Divide the number of units by the drained weight recorded in paragraph (b)(2)(i) of this section and multiply by 340 to obtain the number of units per 340 g (12 oz) drained weight.\n\n(iii) Examine the drained material in the tray, weigh and record weight of blemished units, count and record the number of unstemmed units; and, in case the material consists of the optional ingredient specified in paragraph (a)(2)(iii) ( c ), ( d ) or ( f ) of this section, count and record the number of units which are less than 13 mm (0.50 in.) long. If the number of units per 340 g (12 oz.) is 240 or less, divide the number of units which are less than 13 mm (0.50 in.) by the drained weight recorded in paragraph (b)(2)(i) of this section and multiply by 340 to obtain the number of such units per 340 g (12 oz.) drained weight. If the number of units per 340 g (12 oz.) exceeds 240, divide the number of units less than 13 mm (0.50 in.) long by the total number of units and multiply by 100 to determine the percentage by count of the total units which are less than 13 mm (0.50 in.) long.\n\n( a ) Divide the weight of blemished units by the drained weight recorded in paragraph (b)(2)(i) of this section and multiply by 100 to obtain the percentage by weight of blemished units in the container.\n\n( b ) Divide the number of unstemmed units by the drained weight recorded in paragraph (b)(2)(i) of this section and multiply by 340 to obtain the number of unstemmed units per 340 g (12 oz.) of drained weight.\n\n(iv) Remove from the tray the extraneous vegetable material, count, record count, and return to tray.\n\n(v) Remove from the tray one or more representative samples of 99 to 113 g (3\n 1/2  to 4 ounces) covering each sample as taken to prevent evaporation.\n\n(vi) From each representative sample selected in paragraph (b)(2)(v) of this section, discard any loose seed and extraneous vegetable material and detach and discard any attached stems. Except with optional style of ingredient specified in paragraph (a)(2)(iii)( b ) of this section (pods sliced lengthwise), trim off, as far as the end of the space formerly occupied by the seed, any portion of pods from which the seed has become separated. Remove and discard any portions of seed from the trimmings and reserve the trimmings for paragraph (b)(2)(viii) of this section. Weigh and record the weight of the trimmed pods. Deseed the trimmed pods and reserve the deseeded pods for paragraph (b)(2)(viii) of this section. Remove strings from the pods during the deseeding operation. Reserve these strings for testing as prescribed in paragraph (b)(2)(vii) of this section. In the case of pods sliced lengthwise, remove seed and pieces of seed and reserve the deseeded pods for use as prescribed in paragraph (b)(2)(viii) of this section.\n\n(vii) If strings have been removed for testing, as prescribed in paragraph (b)(2)(vi) of this section, test them as follows:\n\nFasten clamp, weighted to 250 g (8.8 oz.), to one end of the string, grasp the other end with the fingers (a cloth may be used to aid in holding the string), and lift gently. Count the string as tough if it supports the 250 g (8.8 oz.) weight for at least 5 seconds. If the string breaks before 5 seconds, test such parts into which it breaks as are 13 mm (\n 1/2  in.) or more in length; and if any such part of the string supports the 250 g (8.8 oz.) weight for at least 5 seconds, count the string as tough. Divide the number of tough strings by the weight of the sample recorded in paragraph (b)(2)(v) of this section and multiply by 340 to obtain the number of tough strings per 340 g (12 oz.) drained weight.\n\nFasten clamp, weighted to 250 g (8.8 oz.), to one end of the string, grasp the other end with the fingers (a cloth may be used to aid in holding the string), and lift gently. Count the string as tough if it supports the 250 g (8.8 oz.) weight for at least 5 seconds. If the string breaks before 5 seconds, test such parts into which it breaks as are 13 mm (\n 1/2  in.) or more in length; and if any such part of the string supports the 250 g (8.8 oz.) weight for at least 5 seconds, count the string as tough. Divide the number of tough strings by the weight of the sample recorded in paragraph (b)(2)(v) of this section and multiply by 340 to obtain the number of tough strings per 340 g (12 oz.) drained weight.\n\n(viii) Combine the deseeded pods with the trimmings reserved in paragraph (b)(2)(vi) of this section, and, if strings were tested as prescribed in paragraph (b)(2)(vii) of this section, add such strings broken or unbroken. Weigh and record weight of combined material. Transfer to the metal cup of a malted-milk stirrer and mash with a pestle. Wash material adhering to the pestle back into cup with 200 cc of boiling water. Bring mixture nearly to a boil, add 25 cc of 50 percent (by weight) sodium hydroxide solution and bring to a boil. (If foaming is excessive, 1 cc of capryl alcohol may be added.) Boil for 5 minutes, then stir for 5 minutes with a malted-milk stirrer capable of a no-load speed of at least 7,200 rpm. Use a rotor with two scalloped buttons shaped as shown in exhibit 1 as follows:\n\nTransfer the material from the cup to a previously weighed 30-mesh monel metal screen having a diameter of about 9-10 cm (3\n 1/2  to 4 in.) and side walls about 2.5 cm (1 in.) high, and wash fiber on the screen with a stream of water using a pressure not exceeding a head (vertical distance between upper level of water and outlet of glass tube) of 152 cm (60 in.), delivered through a glass tube 7.6 cm (3 in.) long and 3 mm (\n 1/8  in.) inside diameter inserted into a rubber tube of 6 mm (\n 1/4  in.) inside diameter. Wash the pulpy portion of the material through the screen and continue washing until the remaining fibrous material, moistened with phenolphthalein solution, does not show any red color after standing 5 minutes. Again wash to remove phenolphthalein. Dry the screen containing the fibrous material for 2 hours at 100 \u00b0C, cool, weigh, and deduct weight of screen. Divide the weight of fibrous material by the weight of combined deseeded pods, trimmings, and strings and multiply by 100 to obtain the percentage of fibrous material.\n\n(ix) If the drained weight recorded in paragraph (b)(2)(i) of this section was less than 340 g (12 oz.), open and examine separately for extraneous material, as directed in paragraph (b)(2)(iv) of this section, additional containers until a total of not less than 340 g (12 oz.) of drained material is obtained. To determine the number of pieces of extraneous vegetable material per 340 g (12 oz.) of drained weight, total the number of pieces of extraneous vegetable material found in all containers opened, divide this sum by the sum of the drained weights in these containers and multiply by 340.\n\n(3) Determine compliance as specified in \u00a7 155.3(b) except that a lot shall be deemed to be in compliance for extraneous plant material based on an average of all containers examined.\n\n(4) If the quality of the canned green beans or canned wax beans falls below the standard of quality prescribed by paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; but in lieu of the words prescribed for the second line inside the rectangle the following words may be used, when the quality of canned green beans or canned wax beans falls below the standard in one only of the following respects:\n\n(i) \u201cExcessive number very short pieces\u201d, if the canned green beans or canned wax beans fail to meet the requirements of paragraph (b)(1)(i) of this section.\n\n(ii) \u201cExcessive number blemished units\u201d, if they fail to meet the requirements of paragraph (b)(1)(iv) of this section.\n\n(iii) \u201cExcessive number unstemmed units\u201d, if they fail to meet the requirements of paragraph (b)(1)(v) of this section.\n\n(iv) \u201cExcessive foreign material\u201d, if they fail to meet the requirements of paragraph (b)(1)(vi) of this section."], ["21:21:2.0.1.1.33.2.1.2", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.130 Canned corn.", "FDA", "", "", "[42 FR 14449, Mar. 15, 1977, as amended at 45 FR 43398, June 27, 1980; 47 FR 11831, 11832, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Definition.  Canned sweet corn is the product prepared from clean, sound kernels of sweet corn packed with a suitable liquid packing medium which may include water and the creamy component from corn kernels. The tip caps are removed. The product is of the optional styles specified in paragraph (a)(2) of this section. It may contain one, or any combination of two or more, of the optional ingredients set forth in paragraph (a)(3) of this section. Such food is processed by heat, in an appropriate manner, before or after being sealed in a container, so as to prevent spoilage.\n\n(2)  Styles.  The optional styles referred to in paragraph (a)(1) of this section consist of succulent sweet corn of the yellow (golden) or white color type, conforming to  Zea mays  L. having the sweet corn characteristic as follows:\n\n(i) Whole kernel or whole grain or cut kernel consisting of whole or substantially whole cut kernels packed with a liquid medium.\n\n(ii) Cream style consisting of whole or partially whole cut kernels packed in a creamy component from the corn kernels and other liquid or other ingredients to form a product of creamy consistency.\n\n(3)  Optional ingredients.  The following safe and suitable optional ingredients may be used:\n\n(i) Salt.\n\n(ii) Monosodium glutamate.\n\n(iii) Disodium inosinate.\n\n(iv) Disodium guanylate.\n\n(v) Hydrolyzed vegetable protein.\n\n(vi) Autolyzed yeast extract.\n\n(vii) Nutritive carbohydrate sweeteners.\n\n(viii) Spice.\n\n(ix) Flavoring (except artificial).\n\n(x) Citric acid.\n\n(xi) Starch or food starch-modified in cream style corn when necessary to ensure smoothness.\n\n(xii) Seasonings and garnishes.\n\n( a ) Mint leaves.\n\n( b ) Pieces of green peppers or red peppers, or mixtures of both, either of which may be sweet or hot and may be dried, or other vegetables, not exceeding 15 percent by weight of the finished food.\n\n( c ) Lemon juice or concentrated lemon juice.\n\n( d ) Butter or margarine in a quantity not less than 3 percent by weight of the finished food. When butter or margarine is added, emulsifiers or stabilizers, or both, may be added. When butter or margarine is added, no spice, or flavoring simulating the color or flavor imparted by butter or margarine is used.\n\n(4)  Labeling.  The name of the food is \u201ccorn\u201d or \u201csweet corn\u201d or \u201csugar corn\u201d and shall include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice, seasoning or garnishing that characterizes the product; for example, \u201cWith added spice\u201d, \u201cSeasoned with red peppers\u201d, \u201cSeasoned with butter\u201d. The name of the food shall also include the following:\n\n(i) The optional style of the corn ingredient as specified in paragraph (a)(2) of this section.\n\n(ii) The words \u201cvacuum pack\u201d or \u201cvacuum packed\u201d when the corn ingredient is as specified in paragraph (a)(2)(i) of this section and the weight of the liquid in the container, as determined by the method prescribed in paragraph (b)(2)(i) of this section, is not more than 20 percent of the net weight, and the container is closed under conditions creating a high vacuum in the container.\n\n(iii) The color type used only when the product consists of white corn.\n\n(iv) The color type used only when the product consists of white corn.\n\n(5)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  (1) The standard of quality for canned corn is as follows:\n\n(i) When tested by the method prescribed in paragraph (b)(2) of this section, canned whole-kernel corn (paragraph (a)(2)(i) of this section):\n\n( a ) Contains not more than seven brown or black discolored kernels or pieces of kernel per 400 g. (14 ounces) of drained weight;\n\n( b ) Contains not more than 1 cubic centimeter of pieces of cob for each 400 g. (14 ounces) of drained weight;\n\n( c ) Contains not more than 7 square centimeters (1.1 square inch) of husk per 400 g. (14 ounces) of drained weight; and\n\n( d ) Contains not more than 180 mm. (7 inches) of silk per 28 g. (1 ounce) of drained weight.\n\n(ii) When tested by the method prescribed in paragraph (b)(3) of this section, canned cream style corn (paragraph (a)(2)(ii) of this section):\n\n( a ) Contains not more than 10 brown or black discolored kernels or pieces of kernel per 600 g. (21.4 ounces) of net weight;\n\n( b ) Contains not more than 1 cubic centimeter of pieces of cob per 600 g. (21.4 ounces) of net weight;\n\n( c ) Contains not more than 7 square centimeters (1.1 square inch) of husk per 600 g. (21.4 ounces) of net weight;\n\n( d ) Contains not more than 150 mm. (6 inches) of silk for each 28 g. (1 ounce) of net weight; and\n\n( e ) Has a consistency such that the average diameter of the approximately circular area over which the prescribed sample spreads does not exceed 30.5 cm. (12 inches), except that when the washed drained material contains more than 20 percent of alcohol-insoluble solids, the average diameter of the approximately circular area over which the prescribed sample spreads does not exceed 25.4 cm. (10 inches).\n\n(iii)( a ) The weight of the alcohol-insoluble solids of whole-kernel corn (paragraph (a)(2)(i) of this section) does not exceed 27 percent of the drained weight, when tested by the method prescribed in paragraph (b)(2) of this section.\n\n( b ) The weight of the alcohol-insoluble solids of the washed drained material of cream style corn (paragraph (a)(2)(ii) of this section) does not exceed 27 percent of the drained weight of such material, when tested by the method prescribed in paragraph (b)(3) of this section.\n\n(2) The method referred to in paragraph (b)(1) of this section for testing whole-kernel corn (paragraph (a)(2)(i) of this section) is as follows:\n\n(i) Determine the gross weight of the container. Open and distribute the contents of the container over the meshes of a U.S. No. 8 circular sieve which has previously been weighed. The diameter of the sieve is 20.3 cm. (8 inches) if the quantity of the contents of the container is less than 1.36 kg. (3 pounds), and 30.5 cm. (12 inches) if such quantity is 1.36 kg. (3 pounds) or more. The bottom of the sieve is woven-wire cloth that complies with the specifications for such sieve set forth in the \u201cDefinitions of Terms and Explanatory Notes\u201d prescribed in \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), Table 1, \u201cNominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),\u201d under the heading \u201cDefinitions of Terms and Explanatory Notes,\u201d which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Without shifting the material on the sieve, so incline the sieve at approximately 17-20\u00b0 angle to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and the drained material. Record, in g. (ounces), the weight so found, less the weight of the sieve, as the drained weight. Dry and weigh the empty container and subtract this weight from the gross weight to obtain the net weight. Calculate the percent of drained liquid in the net weight.\n\n(ii) Pour the drained material from the sieve into a flat tray and spread it in a layer of fairly uniform thickness. Count, but do not remove, the brown or black discolored kernels or pieces of kernel and calculate the number per 400 g. (14 ounces) of drained material. Remove pieces of silk more than 12.7 mm. (one-half inch) long, husk, cob, and any pieces of material other than corn. Measure the aggregate length of such pieces of silk and calculate the length of silk per 28 g. (1 ounce) of drained weight. Spread the husk flat, measure its aggregate area, and calculate the area of husk per 400 g. (14 ounces) of drained weight. Place all pieces of cob under a measured amount of water in a cylinder which is so graduated that the volume can be measured to 0.1 cubic centimeter. Take the increase in volume as the aggregate volume of the cob and calculate the volume of cob per 400 g. (14 ounces) of drained weight.\n\n(iii) Comminute representative 100 g. sample of the drained corn from which the silk, husk, cob, and other material which is not corn (i.e., peppers) have been removed. An equal amount of water is used to facilitate this operation. Weigh to nearest 0.01 g. a portion of the comminuted material equivalent to approximately 10 g. of the drained corn into a 600 cubic centimeter beaker. Add 300 cubic centimeters of 80 percent alcohol (by volume), stir, cover beaker, and bring to a boil. Simmer slowly for 30 minutes. Fit a Buchner funnel with a previously prepared filter paper of such sizes that its edges extend 12.7 mm. (one-half inch) or more up the vertical sides of the funnel. The previous preparation of the filter paper consists of drying it in a flat-bottomed dish for 2 hours at 100 \u00b0C, covering the dish with a tight fitting cover, cooling it in a desiccator, and promptly weighing to the nearest 0.001 g. After the filter paper is fitted to the funnel, apply suction and transfer the contents of the beaker to the funnel. Do not allow any of the material to run over the edge of the paper. Wash the material on the filter with 80 percent alcohol (by volume) until the washings are clear and colorless. Transfer the filter paper with the material retained thereon to the dish used in preparing the filter paper. Dry the material in a ventilated oven, without covering the dish, for 2 hours at 100 \u00b0C. Place the cover on the dish, cool it in a desiccator, and promptly weigh to the nearest 0.001 g. From this weight subtract the weight of the dish, cover, and paper as previously found. Calculate the remainder to percentage.\n\n(3) The method referred to in paragraph (b)(1) of this section for testing cream-style corn (paragraph (a)(2)(ii) of this section) is as follows:\n\n(i) Allow the container to stand at least 24 hours at a temperature of 68 \u00b0F to 85 \u00b0F. Determine the gross weight, open, transfer the contents into a pan, and mix thoroughly in such a manner as not to incorporate air bubbles. (If the net contents of a single container is less than 510 g. (18 ounces) determine the gross weight, open, and mix the contents of the least number of containers necessary to obtain 510 g. (18 ounces). Fill level full a hollow, truncated cone so placed on a polished horizontal plate as to prevent leakage. The cone has an inside bottom diameter of 7.62 cm. (3 inches), inside top diameter of 5.08 cm. (2 inches), and height of 12.30 cm. (4\n 27/32  inches). As soon as the cone is filled, lift it vertically. Determine the average of the longest and shortest diameters of the approximately circular area on the plate covered by the sample 30 seconds after lifting the cone. Dry and weigh each empty container and subtract the weight so found from the gross weight to obtain the net weight.\n\n(ii) Transfer the material from the plate, cone, and pan onto a U.S. No. 8 sieve as prescribed in paragraph (b)(2)(i) of this section. The diameter of the sieve is 20.3 cm. (8 inches) if the quantity of the contents of the container is less than 1.36 kg. (3 pounds), and 30.5 cm. (12 inches) if such quantity is 1.36 kg. (3 pounds) or more. Set the sieve in a pan. Add enough water to bring the level within 9.53 mm. (three-eighth inch) to 6.35 mm. (one-fourth inch) of the top of the sieve. Gently wash the material on the sieve by combined up-and-down and circular motion for 30 seconds. Repeat washing with a second portion of water. Remove sieve from pan, incline to facilitate drainage, and drain for 2 minutes.\n\n(iii) From the material remaining on the U.S. No. 8 sieve, count, but do not remove, the brown or black discolored kernels or pieces of kernel and calculate the number per 600 g. (21.4 ounces) of net weight. Remove pieces of silk more than 12.7 mm. (one-half inch) long, husk, cob, and other material which is not corn (i.e., peppers). Measure aggregate length of such pieces of silk and calculate the length per 28 g. (ounce) of net weight. Spread the husk flat and measure its aggregate area and calculate the area per 600 g. (21.4 ounces) of net weight. Place all pieces of cob under a measured amount of water in a cylinder which is so graduated that the volume may be measured to 0.1 cubic centimeter. Take the increase in volume as the aggregate volume of the cob and calculate the volume of cob per 600 g. (21.4 ounces) of net weight. Take a representative 100 g. sample of the material remaining on the U.S. No. 8 sieve (if such material weighs less than 100 g. take all of it) and determine the alcohol-insoluble solids as prescribed in paragraph (b)(2)(iii) of this section for whole kernel corn.\n\n(4) Determine compliance as specified in \u00a7 155.3(b).\n\n(5) If the quality of canned corn falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned corn falls below standard with respect to only one of the factors of quality specified by paragraphs (b)(1)(i) ( a ) to ( d ) of this section, or by paragraphs (b)(1)(ii) ( a ) to ( e ) of this section, there may be substituted for the second line of such general statement of substandard quality, \u201cGood food\u2014not high grade\u201d, a new line as specified after the corresponding subdivision designation of paragraph (b)(1) of this section, which the canned corn fails to meet:\n\n(i)( a ) or (ii)( a ) \u201cExcessive discolored kernels\u201d.\n \n (i)( b ) or (ii)( b ) \u201cExcessive cob\u201d.\n \n (i)( c ) or (ii)( c ) \u201cExcessive husk\u201d.\n \n (i)( d ) or (ii)( d ) \u201cExcessive silk\u201d.\n \n (ii)( e ) \u201cExcessively liquid\u201d.\n\n(i)( a ) or (ii)( a ) \u201cExcessive discolored kernels\u201d.\n\n(i)( b ) or (ii)( b ) \u201cExcessive cob\u201d.\n\n(i)( c ) or (ii)( c ) \u201cExcessive husk\u201d.\n\n(i)( d ) or (ii)( d ) \u201cExcessive silk\u201d.\n\n(ii)( e ) \u201cExcessively liquid\u201d.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned corn is:\n\n(i) Except in the case of vacuum pack corn the fill of the corn ingredient and packing medium, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.\n\n(ii) In whole kernel corn, the drained weight of the corn ingredient, determined by the procedure set forth in \u00a7 155.3, shall not be less than 61 percent of the water capacity of the container.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If canned corn falls below the standard of fill of container prescribed in paragraphs (c)(1) and (2) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.33.2.1.3", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.170 Canned peas.", "FDA", "", "", "[45 FR 43398, June 27, 1980, as amended at 47 FR 11832, Mar. 19, 1982; 48 FR 15241, Apr. 8, 1983; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Definition.  Canned peas is the food prepared from fresh or frozen succulent seeds of the pea plant of the species  Pisum sativum  L. but excluding the subspecies  macrocarpum.  Only sweet wrinkled varieties, smooth-skin varieties, or hybrids thereof may be used. The product is packed with water or other suitable aqueous liquid medium to which may be added one or more of the other optional ingredients set forth in paragraph (a)(2) of this section. Such food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage.\n\n(2)  Optional ingredients.  In addition to the optional packing media provided for in paragraph (a)(1) of this section, the following safe and suitable optional ingredients may be used:\n\n(i) Salt.\n\n(ii) Monosodium glutamate.\n\n(iii) Disodium inosinate.\n\n(iv) Disodium guanylate.\n\n(v) Hydrolyzed vegetable protein.\n\n(vi) Autolyzed yeast extract.\n\n(vii) One or any combination of two or more of the dry or liquid forms of sugar, invert sugar sirup, dextrose, glucose sirup, and fructose.\n\n(viii) Spice.\n\n(ix) Flavoring (except artificial).\n\n(x) Color additives.\n\n(xi) Calcium salts, the total amount of which added to firm the peas shall not result in more than 350 milligrams/kilogram (0.01 ounce/2.2 pounds) of calcium in the finished food.\n\n(xii) Magnesium hydroxide, magnesium oxide, magnesium carbonate, or any mixture or combination of these in such quantity that the pH of the finished canned peas is not more than 8, as determined by the glass electrode method for the hydrogen ion concentration.\n\n(xiii) Seasonings and garnishes:\n\n( a ) Pieces of green or red peppers or mixtures of both, either of which may be dried, or other vegetables not exceeding in total 15 percent of the drained weight of the finished food.\n\n( b ) Lemon juice or concentrated lemon juice.\n\n( c ) Mint leaves.\n\n( d ) Butter or margarine in a quantity not less than 3 percent by weight of the finished food, or other vegetable or animal fats or oils in a quantity not less than 2.4 percent by weight of the finished foods. When butter, margarine, or other vegetable or animal fats or oils are added, emulsifiers or stabilizers or both may be added, but no color, spice, or flavoring simulating the color or flavor imparted by butter or margarine may be used.\n\n(3)  Labeling.  (i) The name of the food is \u201cpeas\u201d and may include the designation \u201cgreen.\u201d The term \u201cearly,\u201d \u201cJune,\u201d or \u201cearly June\u201d shall precede or follow the name in the case of smooth-skin peas or substantially smooth-skin peas, such as Alaska-type peas or hybrids having similar characteristics. Where the peas are of sweet green wrinkled varieties or hybrids having similar characteristics, the name may include the designation \u201csweet,\u201d \u201cwrinkled,\u201d or any combination thereof. The term \u201cpetit pois\u201d may be used in conjunction with the name of the food when an average of 80 percent or more of the peas will pass through a circular opening of a diameter of 7.1 millimeters (0.28 inch). If any color additive has been added, the name of the food shall include the term \u201cartificially colored.\u201d\n\n(ii) The following shall be included as part of the name or in close proximity to the name of the food:\n\n( a ) A declaration of any flavoring that characterizes the food, as specified in \u00a7 101.22 of this chapter.\n\n( b ) A declaration of any spice, seasoning, or garnishing that characterizes the product, e.g., \u201cseasoned with green peppers\u201d, \u201cseasoned with butter\u201d, \u201cseasoned with ______ oil\u201d, the blank to be filled in with the common or usual name of the oil, \u201cwith added spice\u201d, or, in lieu of the word spice, the common or usual name of the spice.\n\n( c ) The words \u201cvacuum pack\u201d or \u201cvacuum packed\u201d when the weight of the liquid in the container, as determined by the method prescribed in \u00a7 155.3(a) is not more than 20 percent of the net weight, and the container is closed under conditions creating a high vacuum in the container.\n\n(4)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  (1) The standard of quality for canned peas is as follows:\n\n(i)  Blond and yellow peas.  Not more than 2 percent of the drained weight is blond and/or yellow peas, i.e., white or yellow but edible peas.\n\n(ii)  Blemished peas.  Not more than 5 percent of the drained weight is blemished peas, i.e., slightly stained or spotted peas.\n\n(iii)  Seriously blemished peas.  Not more than 1 percent of the drained weight is seriously blemished peas, i.e., peas that are hard, shrivelled, spotted, discolored, or otherwise blemished to an extent that the appearance or eating quality is seriously affected.\n\n(iv)  Pea fragments.  Not more than 10 percent of the drained weight is pea fragments, i.e., portions of peas, separated or individual cotyledons, crushed, partial or broken cotyledons, and loose skins, but excluding entire intact peas with skins detached.\n\n(v)  Extraneous vegetable material.  Not more than 0.5 percent of the drained weight is extraneous vegetable material, i.e., vine or leaf or pod material from the pea plant or other such material.\n\n(vi)  Alcohol-insoluble solids.  The alcohol-insoluble solids of smooth-skin or substantially smooth-skin peas, such as Alaska-type peas or hybrids having similar characteristics, may not be more than 23.5 percent and, of sweet green wrinkled varieties or hybrids having similar characteristics, not more than 21 percent based on the procedure set forth in the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), section 30.012, which is incorporated by reference. Copies are available from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(vii)  Limitation.  The sum of the pea material described in paragraphs (b)(1) (i), (ii), (iii), (iv), and (v) of this section shall not exceed 12 percent.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If the quality of canned peas falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; but in lieu of such general statement of substandard quality when the quality of canned peas falls below the standard in only one respect, the label may bear the alternative statement, \u201cBelow standard in quality   \u201d, the blank to be filled in with the words specified after the corresponding paragraph under paragraph (b)(1) of this section which such canned peas fail to meet, as follows: (i) \u201cExcessive blond and/or yellow peas\u201d; (ii) \u201cExcessive blemished peas\u201d; (iii) \u201cExcessive seriously blemished peas\u201d; (iv) \u201cExcessive pea fragments\u201d; (v) \u201cExcessive vegetable material\u201d; (vi) \u201cExcessive mealy\u201d. Such alternative statement shall immediately and conspicuously precede or follow without intervening written, printed, or graphic matter, the name \u201cpeas\u201d and any words and statements required or authorized to appear with such name by paragraph (a)(3) of this section.\n\n(c)  Fill of container.  (1) Except in the case of vacuum pack peas, the fill of pea ingredient and packing medium, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.\n\n(2) When the peas and liquid are removed from the container and returned thereto, the leveled peas (irrespective of the quantity of the liquid), 15 seconds after they are so returned, completely fill the container. A container with lid attached by double seam shall be considered to be completely filled when it is filled to 5 millimeters (0.2 inch) vertical distance below the top of the double seam; and a glass container shall be considered to be completely filled when it is filled to 13 millimeters (0.5 inch) vertical distance below the top of the container.\n\n(3) Determine compliance for fill of container as specified in \u00a7 155.3(b).\n\n(4) If canned peas fall below the standard of fill of container prescribed in paragraph (c)(1) and/or (2) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.33.2.1.4", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.190 Canned tomatoes.", "FDA", "", "", "[42 FR 14449, Mar. 15, 1977, as amended at 43 FR 12858, Mar. 28, 1978; 43 FR 30274, July 14, 1978; 45 FR 43400, June 27, 1980; 58 FR 17103, Apr. 1, 1993; 59 FR 15051, Mar. 31, 1994]", "(a)  Identity \u2014(1)  Description.  (i) Canned tomatoes is the food prepared from mature tomatoes conforming to the characteristics of the fruit  Lycopersicum esculentum  P. Mill, of red or reddish varieties. The tomatoes may or may not be peeled, but shall have had the stems and calicies removed and shall have been cored, except where the internal core is insignificant to texture and appearance.\n\n(ii) Canned tomatoes may contain one or more of the safe and suitable optional ingredients specified in paragraph (a)(2) of this section, be packed without any added liquid or in one of the optional packing media specified in paragraph (a)(3) of this section and be prepared in one of the styles specified in paragraph (a)(4) of this section. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Optional ingredients.  One or more of the following safe and suitable ingredients may be used:\n\n(i) Calcium salts in a quantity reasonably necessary to firm the tomatoes, but the amount of calcium in the finished canned tomatoes is not more than 0.045 percent of the weight, except that when the tomatoes are prepared in one of the styles specified in paragraphs (a)(4) (ii) to (iv) of this section the amount of calcium is not more than 0.08 percent of the weight of the food.\n\n(ii) Organic acids for the purpose of acidification.\n\n(iii) Dry nutritive carbohydrate sweeteners whenever any organic acid provided for in paragraph (a)(2)(ii) of this section is used, in a quantity reasonably necessary to compensate for the tartness resulting from such added acid.\n\n(iv) Salt.\n\n(v) Spices, spice oils.\n\n(vi) Flavoring and seasoning.\n\n(vii) Vegetable ingredients such as onion, peppers, and celery, that may be fresh or preserved by physical means, in a quantity not more than 10 percent by weight of the finished food.\n\n(3)  Packing media.  (i) The liquid draining from the tomatoes during or after peeling or coring.\n\n(ii) The liquid strained from the residue from preparing tomatoes for canning consisting of peels and cores with or without tomatoes or pieces thereof.\n\n(iii) The liquid strained from mature tomatoes (tomato juice).\n\n(iv) Tomato paste, or tomato puree, or tomato pulp complying with the compositional requirements of \u00a7 155.191.\n\n(4)  Styles.  (i) Whole.\n\n(ii) Diced.\n\n(iii) Sliced.\n\n(iv) Wedges.\n\n(5)  Name of the food.  (i) The name of the food is \u201ctomatoes\u201d, except that when the tomatoes are not peeled the name is \u201cunpeeled tomatoes\u201d.\n\n(ii) The following shall be included as part of the name or in close proximity to the name of the food:\n\n( a ) A declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter.\n\n( b ) A declaration of any added spice, seasoning, or vegetable ingredient that characterizes the product, (e.g., \u201cwith added ______\u201d or, \u201cwith ______\u201d the blank to be filled in with the word(s) \u201cspice(s)\u201d, \u201cseasoning(s)\u201d, or the name(s) of the vegetable(s) used or in lieu of the word(s) \u201cspice(s)\u201d or \u201cseasoning (s)\u201d the common or usual name(s) of the spice(s) or seasoning(s) used) except that no declaration of the presence of onion, peppers, and celery is required for stewed tomatoes.\n\n( c ) The word \u201cstewed\u201d if the tomatoes contain characterizing amounts of at least the three optional vegetables listed in paragraph (a)(2)(vii) of this section.\n\n( d ) The styles: \u201cDiced\u201d, \u201csliced\u201d, or \u201cwedges\u201d as appropriate.\n\n( e ) The name of the packing medium: \u201ctomato paste\u201d, \u201ctomato puree\u201d, or \u201ctomato pulp\u201d as provided in paragraph (a)(3)(iv) of this section, or \u201cstrained residual tomato material from preparation for canning\u201d as provided for in paragraph (a)(3)(ii) of this section, as appropriate. The name of the packing medium shall be preceded by the word \u201cwith\u201d.\n\n(iii) The following may be included as part of the name or in close proximity to the name:\n\n( a ) The word \u201cwhole\u201d if the tomato ingredient is whole or almost whole, and the weight of such ingredient is not less than 80 percent of the drained weight of the finished food as determined in accordance with the method prescribed in paragraph (b)(2) of this section.\n\n( b ) The words \u201csolid pack\u201d when none of the optional packing media specified in paragraph (a)(3) of this section are used.\n\n( c ) The words \u201cin tomato juice\u201d if the packing medium specified in paragraph (a)(3)(iii) of this section is used.\n\n(6)  Label declaration.  The name of each ingredient used shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  (1) The standard of quality for canned tomatoes is as follows:\n\n(i) The drained weight, as determined by the method prescribed in paragraph (b)(2)(i) of this section, is not less than 50 percent of the weight of water required to fill the container, as determined by the general method for water capacity of containers prescribed in \u00a7 130.12(a) of this chapter;\n\n(ii) The strength and redness of color as determined by the method prescribed in paragraph (b)(2) of this section, are not less than that of the blended color of any combination of the color discs described in such method in which one-third the area of disc 1, and not more than one-third the area of disc 2, is exposed;\n\n(iii) Peel per kilogram (2.2 pounds) of the finished food covers an area of not more than 15 cm\n 2  (2.3 square inches) which is equivalent to 6.8 cm\n 2  (1.06 square inches) per pound based on an average of all containers examined provided, however, that the area of peel is not a factor of quality for canned unpeeled tomatoes labeled in accordance with paragraph (a)(5)(i) of this section; and\n\n(iv) Blemishes per kilogram (2.2 pounds) of the finished food cover an area of not more than 3.5 cm\n 2  (0.54 square inch) which is equivalent to 1.6 cm\n 2  (0.25 square inch) per pound based on an average of all containers examined.\n\n(2) Canned tomatoes shall be tested by the following method to determine whether or not they meet the requirements of paragraphs (b)(1) (i) and (ii) of this section:\n\n(i) Remove lid from container, but in the case of a container with lid attached by double seam, do not remove or alter the height of the double seam. Tilt the opened container so as to distribute the contents over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve used is 20.3 centimeters (8 inches) if the quantity of the contents of the container is less than 1.4 kilograms (3 pounds) or 30.5 centimeters (12 inches) if such quantity is 1.4 kilograms (3 pounds) or more. The meshes of such sieve are made by so weaving wire of 1.4 mm (0.054 inch) diameter as to form square openings 11.3 mm by 11.3 mm (0.446 inch by 0.446 inch). Without shifting the tomatoes, so incline the sieve as to facilitate drainage of the liquid. Two minutes from the time drainage begins, weigh the sieve and drained tomatoes. The weight so found, less the weight of the sieve, shall be considered to be the drained weight.\n\n(ii) Remove from the sieve the drained tomatoes, cut out and segregate successively those portions of least redness until 50 percent of the drained weight has been so segregated. Comminute the segregated portions to a uniform mixture without removing or breaking the seeds. Fill the mixture into a black container to a depth of at least 25.4 mm (1 inch). Free the mixture from air bubbles, and skim off or press below the surface all visible seeds. Compare the color of the mixture, in full diffused daylight or its equivalent, with the blended color of combinations of the following concentric Munsell color discs of equal diameter, or the color equivalent of such discs:\n\n( a ) Red\u2014Munsell 5 R 2.6/13 (glossy finish).\n\n( b ) Yellow\u2014Munsell 2.5 YR 5/12 (glossy finish).\n\n( c ) Black\u2014Munsell N 1/ (glossy finish).\n\n( d ) Grey\u2014Munsell N 4 (mat finish).\n\n(3) Determine compliance as specified in \u00a7 155.3(b).\n\n(4) If the quality of canned tomatoes falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter in the manner and form therein specified; if, however, the quality of canned tomatoes falls below standard with respect to only one of the factors of quality specified by paragraphs (b)(1) (i) to (iii) of this section, there may be substituted for the second line of such general statement of substandard quality (\u201cGood Food\u2014Not High Grade\u201d) a new line, appropriate for the corresponding subparagraph designation of paragraph (b)(1) of this section which the canned tomatoes fail to meet, to read as follows:\n\n(i) \u201cPoor color\u201d or\n\n(ii) \u201cExcessive peel\u201d or\n\n(iii) \u201cExcessive blemishes\u201d.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned tomatoes is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of containers prescribed in \u00a7 130.12(b) of this chapter.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If canned tomatoes fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.33.2.1.5", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.191 Tomato concentrates.", "FDA", "", "", "[48 FR 3954, Jan. 28, 1983, as amended at 49 FR 15073, Apr. 17, 1984; 58 FR 2883, Jan. 6, 1993; 58 FR 17104, Apr. 1, 1993]", "(a)  Identity \u2014(1)  Definition.  Tomato concentrates are the class of foods each of which is prepared by concentrating one or any combination of two or more of the following optional tomato ingredients:\n\n(i) The liquid obtained from mature tomatoes of the red or reddish varieties ( Lycopersicum esculentum  P. Mill).\n\n(ii) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.\n\n(iii) The liquid obtained from the residue from partial extraction of juice from such tomatoes.\n\nSuch liquid is obtained by so straining the tomatoes, with or without heating, as to exclude skins (peel), seeds, and other coarse or hard substances in accordance with good manufacturing practice. Prior to straining, food-grade hydrochloric acid may be added to the tomato material in an amount to obtain a pH no lower than 2.0. Such acid is then neutralized with food-grade sodium hydroxide so that the treated tomato material is restored to a pH of 4.2\u00b10.2. Water may be added to adjust the final composition. The food contains not less than 8.0 percent tomato soluble solids as defined in \u00a7 155.3(e). The food is preserved by heat sterilization (canning), refrigeration, or freezing. When sealed in a container to be held at ambient temperatures, it is so processed by heat, before or after sealing, as to prevent spoilage.\n\n(2)  Optional ingredients.  One or any combination of two or more of the following safe and suitable ingredients may be used in the foods:\n\n(i) Salt (sodium chloride formed during acid neutralization shall be considered added salt).\n\n(ii) Lemon juice, concentrated lemon juice, or organic acids.\n\n(iii) Sodium bicarbonate.\n\n(iv) Water, as provided for in paragraph (a)(1) of this section.\n\n(v) Spices.\n\n(vi) Flavoring.\n\n(3)  Labeling.  (i) The name of the food is:\n\n( a ) \u201cTomato puree\u201d or \u201ctomato pulp\u201d if the food contains not less than 8.0 percent but less than 24.0 percent tomato soluble solids.\n\n( b ) \u201cTomato paste\u201d if the food contains not less than 24.0 percent tomato soluble solids.\n\n( c ) The name \u201ctomato concentrate\u201d may be used in lieu of the name \u201ctomato puree,\u201d \u201ctomato pulp,\u201d or \u201ctomato paste\u201d whenever the concentrate complies with the requirements of such foods; except that the label shall bear the statement \u201cfor remanufacturing purposes only\u201d when the concentrate is packaged in No. 10 containers (3.1 kilograms or 109 avoirdupois ounces total water capacity) or containers that are smaller in size.\n\n( d ) \u201cConcentrated tomato juice\u201d if the food is prepared from the optional tomato ingredient described in paragraph (a)(1)(i) of this section and is of such concentration that upon diluting the food according to label directions as set forth in paragraph (a)(3)(iii) of this section, the diluted article will contain not less than 5.0 percent by weight tomato soluble solids.\n\n(ii) The following shall be included as part of the name or in close proximity to the name of the food:\n\n( a ) The statement \u201cMade from\u201d or \u201cMade in part from,\u201d as the case may be, \u201cresidual tomato material from canning\u201d if the optional tomato ingredient specified in paragraph (a)(1)(ii) of this section is present.\n\n( b ) The statement \u201cMade from\u201d or \u201cMade in part from,\u201d as the case may be, \u201cresidual tomato material from partial extraction of juice\u201d if the optional tomato ingredient specified in paragraph (a)(1)(iii) of this section is present.\n\n( c ) A declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice that characterizes the product, e.g., \u201cSeasoned with ______,\u201d the blank to be filled in with the words \u201cadded spice\u201d or, in lieu of the word \u201cspice,\u201d the common name of the spice.\n\n(iii) The label of concentrated tomato juice shall bear adequate directions for dilution to result in a diluted article containing not less than 5.0 percent by weight tomato soluble solids; except that alternative methods may be used to convey adequate dilution directions for containers that are larger than No. 10 containers (3.1 kilograms or 109 avoirdupois ounces total water capacity).\n\n(iv)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter; except that water need not be declared in the ingredient statement when added to adjust the tomato soluble solids content of tomato concentrates within the range of soluble solids levels permitted for these foods.\n\n(v) Determine percent tomato soluble solids as specified in \u00a7 155.3(e). Determine compliance as specified in \u00a7 155.3(b). A lot shall be deemed to be in compliance for tomato soluble solids as follows:\n\n( a ) The sample average meets or exceeds the required minimum.\n\n( b ) The number of sample units that are more than 1 percent tomato soluble solids below the minimum required does not exceed the acceptance number in the sampling plans set forth in \u00a7 155.3(c)(2).\n\n(b)  Quality.  (1) The standard of quality for tomato concentrate (except for concentrated tomato juice, which when diluted to 5.0 percent tomato soluble solids shall conform to the standard of quality for tomato juice set forth in \u00a7 156.145 of this chapter) is as follows:\n\n(i) The strength and redness of color of the food, when diluted with water (if necessary) to 8.1\u00b10.1 percent tomato soluble solids is not less than the composite color produced by spinning the Munsell color discs in the following combination:\n\n53 percent of the area of Disc 1;\n \n 28 percent of the area of Disc 2; and\n \n 19 percent of the area of either Disc 3 or Disc 4; or\n \n 9\n 1/2  percent of the area of Disc 3 and 9\n 1/2  percent of the area of Disc 4, whichever most nearly matches the appearance of the sample.\n\n53 percent of the area of Disc 1;\n\n28 percent of the area of Disc 2; and\n\n19 percent of the area of either Disc 3 or Disc 4; or\n\n9\n 1/2  percent of the area of Disc 3 and 9\n 1/2  percent of the area of Disc 4, whichever most nearly matches the appearance of the sample.\n\n(ii) Not more than one whole seed per 600 grams (21 ounces).\n\n(iii) Not more than 36 of the following defects, either singly or in combination, per 100 grams (3.5 ounces) of the product when diluted with water to 8.1\u00b10.1 percent tomato soluble solids:\n\n( a ) Pieces of peel 5 millimeters (0.20 inch) or greater in length (without unrolling).\n\n( b ) Pieces of seed (seed particles) 1 millimeter (0.039 inch) or greater in length.\n\n( c ) Blemishes, such as dark brown or black particles (specks)\u2014not more than four exceed 1.6 millimeters (0.0625 inch) in length of which not more than one exceeds 3.2 millimeters (0.125 inch) and none exceed 6.4 millimeters (0.25 inch).\n\n(2)  Methodology.  Dilute with water, if necessary, to 8.1\u00b10.1 percent tomato soluble solids. (i) Determine strength and redness of color as prescribed in \u00a7 155.3(d).\n\n(ii) Whole seeds\u2014Weigh out 600 grams (21 ounces) of the well-mixed, diluted concentrate; place a U.S. No. 12 screen (1.68 millimeters (0.066 inch) openings) over the sink drain; transfer the product sample onto the screen; rinse container thoroughly with water and pour through screen; flush sample through screen by using an adequate spray of water; check screen for whole seeds; apply the appropriate allowance.\n\n(iii) Peel, pieces of seed, and blemishes\u2014Spread the prepared concentrate evenly on a large white tray and remove the individual defects, identify, classify, and measure.\n\n(3)  Sampling and acceptance.  Determine compliance as specified in \u00a7 155.3(b).\n\n(4) If the quality of the tomato concentrate falls below the standard prescribed in paragraph (b) (1) and (3) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified, but in lieu of such general statement of substandard quality when the quality of the tomato concentrate falls below the standard in one or more respects, the label may bear the alternative statement, \u201cBelow Standard in Quality ______,\u201d the blank to be filled in with the words specified after the corresponding paragraph(s) under paragraph (b)(1) of this section which such tomato concentrate fails to meet, as follows:\n\n(i) \u201cPoor color.\u201d\n\n(ii) \u201cExcessive seeds.\u201d\n\n(iii)( a ) \u201cExcessive pieces of peel.\u201d\n\n( b ) \u201cExcessive pieces of seed.\u201d\n\n( c ) \u201cExcessive blemishes.\u201d\n\n(c)  Fill of container.  (1) The standard of fill of container for tomato concentrate, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity, except when the food is frozen.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If the tomato concentrate falls below the standard of fill prescribed in paragraph (c) (1) and (2) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein prescribed."], ["21:21:2.0.1.1.33.2.1.6", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.194 Catsup.", "FDA", "", "", "[48 FR 3956, Jan. 28, 1983, as amended at 49 FR 15073, Apr. 17, 1984; 58 FR 2883, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Definition.  Catsup, ketchup, or catchup is the food prepared from one or any combination of two or more of the following optional tomato ingredients:\n\n(i) Tomato concentrate as defined in \u00a7 155.191(a)(1), except that lemon juice, concentrated lemon juice, or safe and suitable organic acids may be used in quantities no greater than necessary to adjust the pH, and in compliance with \u00a7 155.191(b).\n\n(ii) The liquid derived from mature tomatoes of the red or reddish varieties  Lycopersicum esculentum  P. Mill.\n\n(iii) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.\n\n(iv) The liquid obtained from the residue from partial extraction of juice from such tomatoes.\n\nSuch liquid is strained so as to exclude skins, seeds, and other coarse or hard substances in accordance with current good manufacturing practice. Prior to straining, food-grade hydrochloric acid may be added to the tomato material in an amount to obtain a pH no lower than 2.0. Such acid is then neutralized with food-grade sodium hydroxide so that the treated tomato material is restored to a pH of 4.2\u00b10.2. The final composition of the food may be adjusted by concentration and/or by the addition of water. The food may contain salt (sodium chloride formed during acid neutralization shall be considered added salt) and is seasoned with ingredients as specified in paragraph (a)(2) of this section. The food is preserved by heat sterilization (canning), refrigeration, or freezing. When sealed in a container to be held at ambient temperatures, it is so processed by heat, before or after sealing, as to prevent spoilage.\n\n(2)  Ingredients.  One or any combination of two or more of the following safe and suitable ingredients in each of the following categories is added to the tomato ingredients specified in paragraph (a)(1) of this section:\n\n(i) Vinegars.\n\n(ii) Nutritive carbohydrate sweeteners. Such sweeteners if defined in part 168 of this chapter shall be as defined therein.\n\n(iii) Spices, flavoring, onions, or garlic.\n\n(3)  Labeling.  (i) The name of the food is \u201cCatsup,\u201d \u201cKetchup,\u201d or \u201cCatchup.\u201d\n\n(ii) The following shall be included as part of the name or in close proximity to the name of the food:\n\n( a ) The statement \u201cMade from\u201d or \u201cMade in part from,\u201d as the case may be, \u201cresidual tomato material from canning\u201d if the optional tomato ingredient specified in paragraph (a)(1)(iii) of this section or tomato concentrate containing the ingredient specified in \u00a7 155.191(a)(1)(ii) is present.\n\n( b ) The statement \u201cMade from\u201d or \u201cMade in part from,\u201d as the case may be, \u201cresidual tomato material from partial extraction of juice\u201d if the optional tomato ingredient specified in paragraph (a)(1)(iv) of this section or tomato concentrate containing the ingredient specified in \u00a7 155.191(a)(1)(iii) is present.\n\n(iii)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter; except that the name \u201ctomato concentrate\u201d may be used in lieu of the names \u201ctomato puree,\u201d \u201ctomato pulp,\u201d or \u201ctomato paste\u201d and when tomato concentrates are used, the labeling requirements of \u00a7 155.191(a)(3)(ii)( a ) and (a)(3)(ii)( b ) do not apply.\n\n(b)  Quality.  (1) The standard of quality for catsup is as follows: The consistency of the finished food is such that its flow is not more than 14 centimeters in 30 seconds at 20 \u00b0C when tested in a Bostwick Consistometer in the following manner: Check temperature of mixture and adjust to 20\u00b11 \u00b0C. The trough must also be at a temperature close to 20 \u00b0C. Adjust end-to-end level of Bostwick Consistometer by means of the spirit level placed in trough of instrument. Side-to-side level may be adjusted by means of the built-in spirit level. Transfer sample to the dry sample chamber of the Bostwick Consistometer. Fill the chamber slightly more than level full, avoiding air bubbles as far as possible. Pass a straight edge across top of chamber starting from the gate end to remove excess product. Release gate of instrument by gradual pressure on lever, holding the instrument down at the same time to prevent its movement as the gate is released. Immediately start the stop watch or interval timer, and after 30 seconds read the maximum distance of flow to the nearest 0.1 centimeter. Clean and dry the instrument and repeat the reading on another portion of sample. Do not wash instrument with hot water if it is to be used immediately for the next determination, as this may result in an increase in temperature of the sample. For highest accuracy, the instrument should be maintained at a temperature of 20\u00b11 \u00b0C. If readings vary more than 0.2 centimeter, repeat a third time or until satisfactory agreement is obtained. Report the average of two or more readings, excluding any that appear to be abnormal.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If the quality of catsup falls below the standard prescribed in paragraphs (b) (1) and (2) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified, but in lieu of such general statement of substandard quality when the quality of the catsup falls below the standard, the label may bear the alternative statement, \u201cBelow Standard in Quality\u2014Low Consistency.\u201d\n\n(c)  Fill of container.  (1) The standard of fill of container for catsup, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity except:\n\n(i) When the food is frozen, or\n\n(ii) When the food is packaged in individual serving-size packages containing 56.7 grams (2 ounces) or less.\n\n(2) Determine compliance as specified in \u00a7 155.3(b).\n\n(3) If the catsup falls below the standard of fill prescribed in paragraphs (c) (1) and (2) of this section, the label shall bear the general statement of substandard fill as specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.33.2.1.7", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.200 Certain other canned vegetables.", "FDA", "", "", "[42 FR 14449, Mar. 15, 1977, as amended at 42 FR 30358, June 14, 1977; 46 FR 56410, Nov. 17, 1981; 48 FR 10813, Mar. 15, 1983; 49 FR 6711, Feb. 23, 1984; 58 FR 2883, Jan. 6, 1993; 59 FR 15052, Mar. 31, 1994]", "(a) The canned vegetables for which definitions and standards of identity are prescribed by this section are those named in column I of the table set forth in paragraph (b) of this section. The vegetable ingredient in each such canned vegetable is obtained by proper preparation from the succulent vegetable prescribed in column II of such table. If two or more forms of such ingredient are designated in column III of such table, the vegetable in each such form is an optional ingredient. To the vegetable ingredient additional ingredients as required or permitted by paragraph (c) of this section are added, and the food is sealed in a container and so processed by heat as to prevent spoilage.\n\n(b) The table referred to in paragraph (a) of this section is as follows:\n\n(c) Water is added to the vegetable ingredient, except that pimientos may be canned with or without added water, and sweet potatoes in mashed form are canned without added water. Asparagus may be canned with added water, asparagus juice, or a mixture of both. For the purposes of this section, asparagus juice is the clear, unfermented liquid expressed from the washed and heated sprouts or parts of sprouts of the asparagus plant, and mixtures of asparagus juice and water are considered to be water when such mixtures are used as a packing medium for canned asparagus. In the case of artichokes, a vinegar or any safe and suitable organic acid, which either is not a food additive as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act, or if it is a food additive as so defined, is used in conformity with regulations established pursuant to section 409 of the act, is added in such quantity as to reduce the pH of the finished canned vegetable to 4.5 or below. The following optional ingredients, in the case of the vegetables specified, may be added:\n\n(1) An edible vegetable oil, in the cases of artichokes and pimientos.\n\n(2) Snaps, in the cases of shelled beans, black-eyed peas, and field peas.\n\n(3) In the case of all vegetables (except canned mashed sweet potatoes as regards the seasonings listed in paragraph (c)(3)(iii) of this section) one or more of the following optional seasoning ingredients may be added in a quantity sufficient to season the food.\n\n(i) Refined sugar (sucrose).\n\n(ii) Refined corn sugar (dextrose).\n\n(iii) Corn sirup, glucose sirup.\n\n(iv) Dried corn sirup, dried glucose sirup.\n\n(v) Spice.\n\n(vi) A vinegar.\n\n(vii) Green peppers or red peppers which may be dried.\n\n(viii) Mint leaves.\n\n(ix) Onions, which may be dried.\n\n(x) Garlic, which may be dried.\n\n(xi) Horseradish.\n\n(xii) Lemon juice or concentrated lemon juice.\n\n(xiii) Butter or margarine in a quantity not less than 3 percent by weight of the finished food. When butter or margarine is added, safe and suitable emulsifiers or stabilizers, or both, may be added. When butter or margarine is added, no spice or flavoring simulating the color or flavor imparted by butter or margarine is used.\n\n(4) In the case of all vegetables, the following optional ingredients may be added:\n\n(i) Salt.\n\n(ii) Monosodium glutamate.\n\n(iii) Disodium inosinate complying with the provisions of \u00a7 172.535 of this chapter.\n\n(iv) Disodium guanylate complying with the provisions of \u00a7 172.530 of this chapter.\n\n(v) Hydrolyzed vegetable protein.\n\n(vi) Autolyzed yeast extract.\n\n(5) In the case of all vegetables flavoring (except artificial) may be added.\n\n(6) In the case of bean sprouts, lima beans, carrots, green sweet peppers, red sweet peppers, and potatoes, any safe and suitable calcium salts may be added as a firming agent.\n\n(7) In the case of canned artichokes packed in glass containers, ascorbic acid may be added in a quantity not to exceed 32 milligrams per 100 grams of the finished food.\n\n(8) In the case of canned asparagus, ascorbic acid, erythorbic acid, or the sodium salts of ascorbic acid or erythorbic acid may be added in an amount necessary to preserve color in the \u201cwhite\u201d and \u201cgreen-tipped and white\u201d color types.\n\n(9) In the case of canned asparagus packed in glass containers, stannous chloride may be added in a quantity not to exceed 15 parts per million calculated as tin (Sn), except that in the case of asparagus packed in glass containers with lids lined with an inert material the quantity of stannous chloride added may exceed 15 parts per million but not 20 parts per million calculated as tin (Sn).\n\n(10) In the case of canned black-eyed peas, disodium EDTA may be added in a quantity not to exceed 145 parts per million.\n\n(11) In the case of potatoes, calcium disodium EDTA may be added in a quantity not to exceed 110 parts per million.\n\n(12) A vinegar or any safe and suitable organic acid for all vegetables (except artichokes, in which the quantity of such optional ingredient is prescribed by the introductory text of paragraph (c) of this section) in a quantity which, together with the amount of any lemon juice or concentrated lemon juice that may be added, is not more than sufficient to permit effective processing by heat without discoloration or other impairment of the article.\n\n(d) The name of each canned vegetable for which a definition and standard of identity is prescribed by this section is the name or any synonym thereof whereby such vegetable is designated in column I of the table in paragraph (b) of this section.\n\n(e) When two or more forms of the vegetable are specified in column III of the table in paragraph (b) of this section, the label shall bear the specified word or words, or in case synonyms are so specified, one of such synonyms, showing the form of the vegetable ingredient present; except that in the case of canned spinach, if the whole leaf is the optional form used, the word \u201cspinach\u201d unmodified may be used in lieu of the words \u201cwhole leaf spinach\u201d.\n\n(f)(1) If the optional ingredient specified in paragraph (c)(1) of this section is present, the label shall bear the statement \u201c______ oil added\u201d or \u201cWith added ______ oil\u201d, the blank being filled in with the common or usual name of the oil.\n\n(2) If asparagus juice is used as a packing medium in canned asparagus, the label shall bear the statement \u201cPacked in asparagus juice\u201d.\n\n(3) If the optional ingredient specified in paragraph (c)(2) of this section is present, the label shall bear the statement \u201cWith snaps\u201d.\n\n(g) The name of the food shall include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter, and a declaration of any spice or seasoning that characterizes the product; for example, \u201cwith added spice\u201d, \u201cseasoned with red peppers\u201d, \u201cseasoned with butter\u201d. Wherever the name of the vegetable appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements specified in paragraphs (e) and (f) (1) through (3) of this section shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter, except that the varietal name of the vegetable may so intervene.\n\n(h)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter."], ["21:21:2.0.1.1.33.2.1.8", 21, "Food and Drugs", "I", "B", "155", "PART 155\u2014CANNED VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Vegetables", "", "\u00a7 155.201 Canned mushrooms.", "FDA", "", "", "[48 FR 10813, Mar. 15, 1983, as amended at 58 FR 2883, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Definition.  Canned mushrooms is the food properly prepared from the caps and stems of succulent mushrooms conforming to the characteristics of the species  Agaricus (Psalliota) bisporus  or  A. bitorquis,  in one of the optional styles specified in paragraph (a)(2) of this section, packed with a suitable liquid medium which may include water; and may contain one or more safe and suitable optional ingredients specified in paragraph (a)(3) of this section. The food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage.\n\n(2)  Styles.  The optional styles of the mushroom ingredient referred to in paragraph (a)(1) of this section are:\n\n(i)  Buttons \u2014consisting of whole mushrooms with attached stems not exceeding 5 millimeters (0.2 inch) in length, measured from the bottom of the veil.\n\n(ii)  Whole \u2014consisting of whole mushrooms with attached stems cut to a length not exceeding the diameter of the cap, measured from the bottom of the veil.\n\n(iii)  Quarters \u2014consisting of buttons or whole style cut into four approximately equal parts.\n\n(iv)  Slices or sliced \u2014consisting of buttons or whole style of which not less than 50 percent are cut parallel to the longitudinal axis of the stem and 2 millimeters to 8 millimeters (0.08 inch to 0.32 inch) in thickness.\n\n(v)  Random sliced \u2014consisting of buttons or whole style sliced in a random manner.\n\n(vi)  Pieces and stems \u2014consisting of pieces of caps and stems of irregular shapes and sizes.\n\n(3)  Optional ingredients.  One or any combination of two or more of the following safe and suitable optional ingredients as provided for in paragraph (a)(1) of this section may be used:\n\n(i) Salt.\n\n(ii) Monosodium glutamate.\n\n(iii) Disodium inosinate complying with the provisions of \u00a7 172.535 of this chapter.\n\n(iv) Disodium guanylate complying with the provisions of \u00a7 172.530 of this chapter.\n\n(v) Hydrolyzed vegetable protein.\n\n(vi) Autolyzed yeast extract.\n\n(vii) Ascorbic acid (vitamin C) in a quantity not to exceed 132 milligrams for each 100 grams (37.5 milligrams for each ounce) of drained weight of mushrooms.\n\n(viii) Organic acids (except no vinegar is permitted), only where the inside metal of the container is fully enamel-lined and in glass containers with fully enamel-lined caps. Ascorbic acid as provided for in paragraph (a)(3)(vii) of this section.\n\n(ix) Calcium disodium ethylenediaminetetraacetate (CaNa 2  EDTA) in a quantity not to exceed 200 parts per million for use to promote color retention.\n\n(4)  Labeling requirements.  (i) The name of the food is mushrooms. The style as provided for in paragraph (a)(2) of this section shall be included as part of the name or in close proximity to the name of the food.\n\n(ii)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b) [Reserved]\n\n(c)  Fill of container.  (1) The standard of fill of container for canned mushrooms is:\n\n(i) The fill of the mushroom ingredient and packing medium, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.\n\n(ii) The drained weight of the mushroom ingredient is not less than 56 percent of the water capacity of the container.\n\n(iii) Determine drained weight as specified in \u00a7 155.3(a).\n\n(2) Determine compliance for minimum fill and drained weight as specified in \u00a7 155.3(b).\n\n(3) If the canned mushrooms fall below the standard of fill prescribed in paragraph (c)(1) (i) and/or (ii) and (2) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein prescribed."], ["33:33:2.0.1.5.22.1.177.1", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "A", "Subpart A\u2014General", "", "\u00a7 155.100 Applicability.", "USCG", "", "", "[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 62 FR 48773, Sept. 17, 1997]", "(a) Subject to the exceptions provided for in paragraph (b) and (c) of this section, this part applies to each ship that:\n\n(1) Is operated under the authority of the United States, wherever located; or\n\n(2) Is operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States.\n\n(b) This part does not apply to:\n\n(1) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in non-commercial service; or\n\n(2) Any other ship specifically excluded by MARPOL 73/78.\n\n(c) Section 155.480 applies to each tank vessel with a cargo capacity of 1,000 or more cubic meters (approximately 6,290 barrels), loading oil or oil reside as cargo that is operated under the authority of the United States, wherever located, or operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States."], ["33:33:2.0.1.5.22.1.177.2", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "A", "Subpart A\u2014General", "", "\u00a7 155.110 Definitions.", "USCG", "", "", "[USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]", "Except as specifically stated in a section, the definitions in part 151 of this chapter, except for the word \u201coil\u201d, and in part 154 of this chapter, apply to this part. The following definition also applies to this part:\n\nMerchant mariner credential or MMC  means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service."], ["33:33:2.0.1.5.22.1.177.3", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "A", "Subpart A\u2014General", "", "\u00a7 155.120 Equivalents.", "USCG", "", "", "[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 59 FR 53290, Oct. 21, 1994]", "(a) For ships required to be surveyed under \u00a7 151.17 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by both MARPOL 73/78 and subpart B of this part if such fitting, material, appliance, or apparatus is at least as effective as that required by subpart B. Substitution of operational methods to control the discharge of oil in place of those design and construction features prescribed by MARPOL 73/78 that are also prescribed by subpart B of this part is not allowed.\n\n(b) Any equivalent to a feature prescribed by MARPOL 73/78 that is authorized for a ship having an IOPP Certificate is noted on that Certificate.\n\n(c) For tank vessels required to have overfill devices installed under parts 155 and 156 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance, or apparatus to be fitted in a tank vessel as an alternative to the required overfill device(s) that are specified in these parts if the proposed alternative device is at least as effective as that required in the regulations."], ["33:33:2.0.1.5.22.1.177.4", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "A", "Subpart A\u2014General", "", "\u00a7 155.130 Exemptions.", "USCG", "", "", "[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990; USCG-1998-3417, 73 FR 80648, Dec. 31, 2008]", "(a) The Commandant grants an exemption or partial exemption from compliance with any requirement in this part if:\n\n(1) A ship operator submits a written request for an exemption via the COTP or OCMI thirty (30) days before operations under the exemption are proposed unless the COTP or OCMI authorizes a shorter time; and\n\n(2) It is determined from the request that:\n\n(i) Compliance with a specific requirement is economically or physically impractical;\n\n(ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of protection from pollution; and\n\n(iii) The likelihood of discharges occurring as a result of the exemption is minimal.\n\n(b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and the reasons for the exemption and proposed procedures, methods, or equipment standards.\n\n(c) The exemption may specify the procedures, methods, or equipment standards that will apply.\n\n(d) An oceangoing ship is not given an exemption from the requirements of subpart B of this part unless the ship is a hydrofoil, air cushion vehicle or other new type of ship (near-surface craft, submarine craft, etc.) whose constructional features are such as to render the application of any of the provisions of subpart B relating to construction and equipment unreasonable or impractical. The construction and equipment of the ship must provide protection equivalent to that afforded by subpart B of this part against pollution, having regard to the service for which the ship is intended.\n\n(e) An exemption is granted or denied in writing. The decision of the Commandant is a final agency action.\n\nAdditional exemptions/temporary waivers related to  salvage  and  marine firefighting  requirements can be found in \u00a7 155.4055."], ["33:33:2.0.1.5.22.1.177.5", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "A", "Subpart A\u2014General", "", "\u00a7 155.140 Incorporation by reference.", "USCG", "", "", "[USCG-1998-3417, 73 FR 80648, Dec. 31, 2008, as amended by USCG-2001-8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG-2012-0866, 78 FR 13249, Feb. 27, 2013; USCG-2008-1070, 78 FR 60122, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July 7, 2014; USCG-2010-0194, 80 FR 5934, Feb. 4, 2015]", "(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the  Federal Register  and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Also, it is available for inspection at Coast Guard Headquarters. Contact Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501, 202-372-1251. Approved material is available from the sources indicated in this section.\n\n(b)  American National Standards Institute, Inc. (ANSI) , 25 West 43rd Street, New York, NY 10036, 212-642-4980,  http://www.ansi.org/:\n\n(1) ANSI A10.14, Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, 1991 (\u201cANSI A10.14\u201d), incorporation by reference approved for \u00a7 155.230.\n\n(2) [Reserved]\n\n(c)  ASTM International,  100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, 877-909-2786,  http://www.astm.org:\n\n(1) ASTM F 631-93, Standard Guide for Collecting Skimmer Performance Data in Controlled Environments (\u201cASTM F 631-93\u201d), incorporation by reference approved for Appendix B.\n\n(2) ASTM F 715-95, Standard Test Methods for Coated Fabrics Used for Oil Spill Control and Storage (\u201cASTM F 715-95\u201d), incorporation by reference approved for in Appendix B.\n\n(3) [Reserved]\n\n(4) ASTM F1413-07, Standard Guide for Oil Spill Dispersant Application Equipment: Boom and Nozzle Systems, incorporation by reference approved for \u00a7 155.1050.\n\n(5) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant-Application Equipment During Spill Response: Boom and Nozzle Systems, incorporation by reference approved for \u00a7 155.1050.\n\n(6) ASTM F1779-08, Standard Practice for Reporting Visual Observations of Oil on Water, incorporation by reference approved for \u00a7 155.1050.\n\n(d)  International Maritime Organization (IMO) , 4 Albert Embankment, London SE1 7SR, United Kingdom,  http://www.imo.org/:\n\n(1) Resolution A.535(13), Recommendations on Emergency Towing Requirements for Tankers, November 17, 1983 (\u201cResolution A.535(13)\u201d), incorporation by reference approved for \u00a7 155.235.\n\n(2) Resolution A.741(18), International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management (ISM) Code), adopted 4 November, 1993, incorporation by reference approved for \u00a7 155.5035.\n\n(3) Resolution A.851(20), General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, adopted 27 November, 1997, incorporation by reference approved for \u00a7 155.5035.\n\n(4) Resolution MSC.35(63), Adoption of Guidelines for Emergency Towing Arrangement on Tankers, May 20, 1994 (\u201cResolution MSC.35(63)\u201d), incorporation by reference approved for \u00a7 155.235.\n\n(5) Resolution MSC.104(73), Adoption of Amendments to the International Safety Management (ISM) Code, adopted 5 December, 2000, incorporation by reference approved for \u00a7 155.5035.\n\n(6) MARPOL Consolidated Edition 2011, Annex I, Regulations for the prevention of pollution by oil, Chapter 3\u2014Requirements for machinery spaces of all ships, Part A-Construction, Regulation 12A, \u201cOil fuel tank protection\u201d, incorporation by reference approved for \u00a7 155.250 (Annex I, Regulation 12A).\n\n(e)  National Fire Protection Association (NFPA) , 1 Batterymarch Park, Quincy, MA 02269-7471, 617-770-3000,  http://www.nfpa.org/:\n\n(1) NFPA 1001, Standard for Fire Fighter Professional Qualifications, 2008 Edition (\u201cNFPA 1001\u201d), incorporation by reference approved for \u00a7 155.4050.\n\n(2) NFPA 1005, Standard for Professional Qualifications for Marine Fire Fighting for Land-Based Fire Fighters, 2007 Edition (\u201cNFPA 1005\u201d), incorporation by reference approved for \u00a7 155.4050.\n\n(3) NFPA 1021, Standard for Fire Officer Professional Qualifications, 2003 Edition (\u201cNFPA 1021\u201d), incorporation by reference approved for \u00a7 155.4050.\n\n(4) NFPA 1405, Guide for Land-Based Fire Fighters Who Respond to Marine Vessel Fires, 2006 Edition (\u201cNFPA 1405\u201d), incorporation by reference approved for \u00a7\u00a7 155.4035 and 155.4050.\n\n(5) NFPA 1561, Standard on Emergency Services Incident Management System, 2008 Edition (\u201cNFPA 1561\u201d), incorporation by reference approved for \u00a7 155.4050.\n\n(f)  Oil Companies International Marine Forum (OCIMF) , 29 Queen Anne's Gate, London, SW1H 9BU England,  http://www.ocimf.com/:\n\n(1) Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988, incorporation by reference approved for \u00a7 155.1035.\n\n(2) Ship to Ship Transfer Guide (Petroleum), Fourth Edition, 2005, incorporation by reference approved for \u00a7 155.5035."], ["33:33:2.0.1.5.22.10.177.1", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5010 Purpose.", "USCG", "", "", "", "The purpose of this subpart is to establish requirements for oil spill response plans for nontank vessels. The planning criteria in this subpart are intended for use in nontank vessel oil spill response plan development and the identification of resources necessary to respond to a nontank vessel's worst case discharge or substantial threat of such a discharge. The development of a nontank vessel response plan prepares the vessel's crew and ship management to respond to an oil spill. The specific criteria for response resources and their arrival times are not performance standards. They are planning criteria based upon a set of assumptions that may not exist during an actual oil spill incident. Note to \u00a7 155.5010: For nontank vessels that are mobile offshore drilling units (MODUs), additional oil spill planning standards are found in 30 CFR part 254."], ["33:33:2.0.1.5.22.10.177.10", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5035 Nontank vessel response plan requirements: Specific content.", "USCG", "", "", "[USCG-2009-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2010-0194, 80 FR 5933, Feb. 4, 2015; USCG-2016-0498, 82 FR 35082, July 28, 2017]", "(a)  General information and introduction section.  This section of the vessel response plan (VRP) must include\u2014\n\n(1) The vessel's name, country of registry, call sign, official number, and International Maritime Organization (IMO) international number (if applicable). If the VRP covers multiple vessels, this information should be provided for each vessel;\n\n(2) The name, mailing address, email address, telephone number, and facsimile number, and procedures for contacting the vessel's owner or operator on a 24-hour basis;\n\n(3) A list of the Captain of the Port (COTP) zones, ports, and offshore transit areas in which the vessel intends to operate;\n\n(4) A table of contents or index of sufficient detail to permit personnel with responsibilities under the VRP to locate the specific sections of the VRP; and\n\n(5) A record of change(s) page to record information on VRP reviews, updates, or revisions.\n\n(b)  Notification procedures section.  This section of the VRP must include the following information\u2014\n\n(1) A checklist with all notifications, including telephone or other contact numbers, in order of priority to be made by shipboard or shore-based personnel and the information needed for those notifications. Notifications should include those required by\u2014\n\n(i) International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 (as set forth in 33 CFR 151.26 and 33 CFR part 153); and\n\n(ii) Any applicable State;\n\n(2) Identification of the person(s) to be notified of a discharge or substantial threat of a discharge of oil. If the notifications vary due to vessel location, the persons to be notified also should be identified in a geographic-specific appendix (GSA). This section should separately identify\u2014\n\n(i) The individual(s) or organization(s) to be notified by shipboard personnel; and\n\n(ii) The individual(s) or organization(s) to be notified by shore-based personnel;\n\n(3) The procedures for notifying the qualified individual(s) designated by the vessel's owner or operator;\n\n(4) Descriptions of the primary and, if available, secondary communications methods by which the notifications would be made. These should be consistent with those in paragraph (b)(1) of this section;\n\n(5) The information that is to be provided in the initial and any follow-up notifications under paragraph (b)(1) of this section;\n\n(i) The initial notification may be submitted in accordance with IMO Resolution A.851(20), \u201cGeneral Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants\u201d (incorporated by reference, see \u00a7 155.140). However, the VRP must specify that the notification includes at least the following information\u2014\n\n(A) Vessel name, country of registry, call sign, and official number (if any);\n\n(B) Date and time of the incident;\n\n(C) Location of the incident;\n\n(D) Course, speed, and intended track of vessel;\n\n(E) Radio station(s) and frequencies guarded;\n\n(F) Date and time of next report;\n\n(G) Type and quantity of oil onboard;\n\n(H) Nature and detail of defects, deficiencies, and damage (e.g., overfill of tanks, grounding, collision, hull failure, etc.);\n\n(I) Details of pollution, including estimate of amount of oil discharged or threat of discharge;\n\n(J) Weather and sea conditions on scene;\n\n(K) Ship size and type;\n\n(L) Actions taken or planned by persons on scene;\n\n(M) Current conditions of the vessel;\n\n(N) Number of crew and details of injuries, if any; and\n\n(O) Details of Protection and Indemnity (P&I) Club and Local Correspondent, as applicable.\n\n(ii) The VRP must state that after transmission of the initial notification, as much information as possible that is essential for the protection of the marine environment will be reported to the appropriate on-scene coordinator in follow-up reports. This information must include\u2014\n\n(A) Additional details on the type of oil onboard;\n\n(B) Additional details on the condition of the vessel and the ability to offload cargo and transfer ballast and fuel;\n\n(C) Additional details on the quantity, extent, and movement of the pollution and whether the discharge is continuing;\n\n(D) Any changes in the on-scene weather or sea conditions; and\n\n(E) Actions being taken with regard to the discharge and the movement of the ship; and\n\n(6) Identification of the person(s) to be notified of a vessel casualty potentially affecting the seaworthiness of a vessel and the information to be provided by the vessel's crew to shore-based personnel to facilitate the assessment of damage stability and stress.\n\n(c)  Shipboard spill mitigation procedures section.  This section of the VRP must include\u2014\n\n(1) Procedures for the crew to mitigate or prevent any discharge or a substantial threat of a discharge of oil resulting from shipboard operational activities associated with internal or external oil transfers. Responsibilities of vessel personnel should be identified by job title and licensed/unlicensed position, if applicable. These procedures should address personnel actions in reference to\u2014\n\n(i) Internal transfer system leaks;\n\n(ii) Fuel tank overflows;\n\n(iii) Suspected tank or hull leaks;\n\n(iv) Assessment and monitoring activities;\n\n(v) Personnel protection issues;\n\n(vi) Protective equipment;\n\n(vii) Threats to health and safety;\n\n(viii) Containment and other response techniques;\n\n(ix) Isolation procedures;\n\n(x) Decontamination of personnel; and\n\n(xi) Disposal of removed oil and clean-up materials;\n\n(2) Procedures in the order of priority for the crew to mitigate or prevent any discharge or a substantial threat of a discharge in the event of a casualty or emergency as listed in paragraphs (c)(2)(i) through (x) of this section. These procedures should be listed separately and reference specific vessel checklists required by the International Ship Management (ISM) Code, Section 8 (Resolution A.741(18), as amended by Resolution MSC.104(73)) (incorporated by reference, see \u00a7 155.140), or other means that will ensure consideration of all appropriate factors when addressing a specific casualty. In addition to the checklists, specific personnel assignments for anticipated tasks must be identified. Reference to existing fire control plans and muster lists is sufficient to identify personnel responsibilities in the following scenarios\u2014\n\n(i) Grounding or stranding;\n\n(ii) Explosion or fire, or both;\n\n(iii) Collision or allision;\n\n(iv) Hull failure;\n\n(v) Excessive list;\n\n(vi) Containment system failure;\n\n(vii) Submerged and foundered;\n\n(viii) Wrecked and stranded;\n\n(ix) Hazardous vapor release; and\n\n(x) Equipment failure (e.g., main propulsion, steering gear, etc.);\n\n(3) Procedures for the crew to deploy discharge removal equipment if the vessel is equipped with such equipment;\n\n(4) The procedures for internal transfers of fuel in an emergency;\n\n(5) The procedures for ship-to-ship transfers of fuel in an emergency\u2014\n\n(i) The format and content of the ship-to-ship transfer procedures should be consistent with the \u201cShip to Ship Transfer Guide (Petroleum),\u201d published jointly by the International Chamber of Shipping and the Oil Companies International Marine Forum (OCIMF) (incorporated by reference, see \u00a7 155.140);\n\n(ii) The procedures should identify the specific response resources necessary to carry out the internal or external transfers, including\u2014\n\n(A) Fendering equipment (ship-to-ship only);\n\n(B) Transfer hoses and connection equipment;\n\n(C) Portable pumps and ancillary equipment;\n\n(D) Lightering or fuel removal and mooring masters (ship-to-ship only); and\n\n(E) Vessel and barge brokers (ship-to-ship only);\n\n(iii) Reference may be made to a separate fuel oil transfer procedure and lightering plan carried onboard the vessel, if safety considerations are summarized in the plan; and\n\n(iv) The location of all equipment and fittings, if any, carried onboard the vessel to perform the transfers should be identified;\n\n(6) The procedures and arrangements for emergency towing, including the rigging and operation of any emergency towing equipment, if any, carried onboard the vessel;\n\n(7) The location, crew responsibilities, and procedures for use of shipboard equipment that might be carried to mitigate an oil discharge;\n\n(8) The crew's responsibility, if any, for recordkeeping and sampling of spilled oil. Any requirements for sampling must address safety procedures to be followed by the crew;\n\n(9) The crew's responsibilities, if any, to initiate a response and supervise shore-based response resources;\n\n(10) Damage stability and hull stress considerations when performing shipboard mitigation measures. This section of the VRP should identify and describe\u2014\n\n(i) Activities in which the crew is trained and qualified to execute absent shore-based support or advice; and\n\n(ii) The information to be collected by the vessel's crew to facilitate shore-based assistance;\n\n(11) Location of vessel plans necessary to perform salvage, stability, and hull stress assessments\u2014\n\n(i) The vessel owner or operator should ensure that a copy of these plans is maintained ashore by either the vessel owner or operator or the vessel's recognized classification society, unless the vessel has prearranged for a shore-based damage stability and residual strength calculation program with the vessel's baseline strength and stability characteristics pre-entered. The VRP should indicate the shore location and 24-hour access procedures of the calculation program for the following plans, where available\u2014\n\n(A) General arrangement plan;\n\n(B) Midship section plan;\n\n(C) Lines plan or table of offsets;\n\n(D) Tank tables;\n\n(E) Load line assignment; and\n\n(F) Light ship characteristics; and\n\n(ii) The VRP should identify the shore location and 24-hour access procedures for the computerized, shore-based damage stability and residual structural strength calculation programs, if available; and\n\n(12) Procedures for implementing personnel safety mitigation strategies for all personnel involved. These procedures may contain more, but must address the following\u2014\n\n(i) Assessment and monitoring activities;\n\n(ii) Personnel protection issues;\n\n(iii) Protective equipment;\n\n(iv) Threats to health and safety;\n\n(v) Containment and other response techniques;\n\n(vi) Isolation procedures;\n\n(vii) Decontamination of personnel; and\n\n(viii) Disposal of removed oil and clean-up materials.\n\n(d)  Shore-based response activities section.  This section of the VRP should include the following information\u2014\n\n(1) The qualified individual's (QI) responsibilities and authority, including immediate communication with the Federal On-Scene Coordinator (FOSC) and notification of the oil spill removal organization(s) identified in the VRP;\n\n(2) If applicable, procedures for transferring responsibility for direction of response activities from vessel personnel to the shore-based spill management team;\n\n(3) The procedures for coordinating the actions of the vessel owner or operator or qualified individual with the predesignated FOSC responsible for overseeing or directing those actions;\n\n(4) The organizational structure that would be used to manage the response actions. This structure should include the following functional areas and information for key components within each functional area\u2014\n\n(i) Command and control;\n\n(ii) Public information;\n\n(iii) Safety;\n\n(iv) Liaison with government agencies;\n\n(v) Spill response operations;\n\n(vi) Planning;\n\n(vii) Logistics support; and\n\n(viii) Finance; and\n\n(5) The responsibilities and duties of, and functional job descriptions for each oil spill management team position within the organizational structure identified in paragraph (d)(4) of this section.\n\n(e)  List of contacts section.  The name, location, and 24-hour contact information for the following key individuals and organizations must be included in this section of the VRP or, if more appropriate, in a GSA, and referenced in this section of the VRP\u2014\n\n(1) Vessel owner or operator;\n\n(2) Qualified individual and alternate qualified individual for the vessel's area of operation;\n\n(3) Applicable insurance provider, representative, or surveyor for the vessel's area of operation;\n\n(4) The vessel's local agent(s) for the vessel's area of operation, or a reference to the 24-hour point of contact as listed on the vessel's notice of arrival;\n\n(5) Person(s) within the oil spill removal organization to notify for activation of that oil spill removal organization for the three spill scenarios identified in paragraph (i)(1)(v) of this section for the vessel's area of operation;\n\n(6) Person(s) within the identified response organization to notify for activating the organizations to provide\u2014\n\n(i) The required emergency lightering and fuel offloading required by \u00a7\u00a7 155.5050(i) and 155.5052 as applicable;\n\n(ii) The required salvage and marine firefighting required by \u00a7\u00a7 155.5050(i) and 155.5052 as applicable;\n\n(iii) The required dispersant response equipment required by \u00a7 155.5050(j), as applicable; and\n\n(iv) The required aerial oil spill tracking and observation resources required by \u00a7 155.5050(k), as applicable; and\n\n(7) Person(s) to notify for activation of the spill management team for the spill response scenarios identified in paragraph (i)(5) of this section for the vessel's area of operation.\n\n(f)  Training procedures section.  This section of the VRP must address the training procedures and programs of the vessel owner or operator to meet the requirements in \u00a7 155.5055.\n\n(g)  Exercise procedures section.  This section of the VRP must address the exercise program to be carried out by the vessel owner or operator to meet the requirements in \u00a7 155.5060.\n\n(h)  Plan review, update, revision, amendment, and appeal procedure section.  This section of the VRP must address the procedures the vessel owner or operator must follow\u2014\n\n(1) To meet the requirements of \u00a7\u00a7 155.5070 and 155.5075; and\n\n(2) For any post-discharge review of the VRP to evaluate and validate its effectiveness.\n\n(i)  GSAs for each COTP zone in which a vessel operates section.  A GSA must be included for each COTP zone identified.\n\n(1) The appendices must include the following information or identify the location of such information within the VRP\u2014\n\n(i) A list of the geographic areas (port areas, rivers and canals, Great Lakes, inland, nearshore, offshore, and open ocean areas) in which the vessel intends to handle, store, or transport oil as fuel or cargo within the applicable COTP zone;\n\n(ii) The volume and group of oil on which the required level of response resources are calculated;\n\n(iii) Required Federal or State notifications applicable to the geographic areas in which a vessel operates;\n\n(iv) Identification of the QI; and\n\n(v) Identification of the oil spill removal organization(s) (OSRO) that are identified and ensured available, through contract or other approved means, and the spill management team to respond to the following spill scenarios, as applicable\u2014\n\n(A) Average most probable discharge;\n\n(B) Maximum most probable discharge; and\n\n(C) Worst case discharge.\n\n(2) Nontank vessels with a capacity less than 250 barrels must plan for and identify maximum most probable discharge response resources in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(3) The organization(s) identified to meet the requirements of paragraph (i)(1)(v) of this section must be capable of providing the equipment and supplies necessary to meet the requirements of \u00a7\u00a7 155.5050 and 155.5052, as appropriate, and sources of trained personnel to continue operation of the equipment and staff the OSRO(s) and spill management team identified for the first 7 days of the response.\n\n(4) The GSA must list the response resources and related information required under \u00a7\u00a7 155.5050, 155.5052, and appendix B of this part, as appropriate.\n\n(5) If the Coast Guard has evaluated an OSRO and has determined the OSROs capability is equal to or exceeds the response capability needed by the vessel, the GSA may identify only the OSRO and their applicable classification and not the information required in paragraph (i)(4) of this section. This information is subject to Coast Guard verification at any time during the validity of the VRP.\n\n(6) The GSA must also separately list the companies identified to provide the salvage, emergency lightering, and marine firefighting resources required in this subpart. The GSA must list the response resources and related information required in paragraph (i)(4) of this section. This information is subject to Coast Guard verification at any time during the validity of the VRP.\n\n(i) Nontank vessels with a capacity less than 2,500 barrels, but greater than or equal to 250 barrels, need only plan for and identify salvage, emergency lightering, and marine firefighting response resources, as required by subpart I, in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(ii) Nontank vessels with a capacity less than 250 barrels need only plan for and identify salvage response resources in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(7) For nontank vessels with a capacity of 2,500 barrels or greater that carry group II through group IV petroleum oils as fuel or cargo and that operate in waters where dispersant use pre-authorization agreements exist, the GSA must also separately list the resource providers and specific resources, including appropriately trained dispersant-application personnel, necessary to provide, if appropriate, the dispersant capabilities required in this subpart. All resource providers and resources must be available by contract or other approved means. The dispersant resources to be listed within this section must include the following\u2014\n\n(i) Identification of each primary dispersant staging site to be used by each dispersant-application platform to meet the requirements of \u00a7 155.5050(j) of this chapter; and\n\n(ii) Identification of the platform type, resource provider, location, and dispersant payload for each dispersant-application platform identified. Location data must identify the distance between the platform's home base and the identified primary dispersant-staging site(s) for this section.\n\n(8) For each unit of dispersant stockpile required to support the effective daily application capacity of each dispersant-application platform necessary to sustain each intended response tier of operation, identify the dispersant product resource provider, location, and volume. Location data must include the distance from the stockpile to the primary staging sites where the stockpile would be loaded on to the corresponding platforms. If the Coast Guard has evaluated an OSRO and has determined its capability meets the response capability needed by the vessel owner or operator, the section may identify the OSRO only, and not the information required in paragraphs (i)(7)(i), (i)(7)(ii), and (i)(8) of this section.\n\n(9) Nontank vessels with an oil capacity of 250 barrels or greater, but less than 2,500 barrels, that carry group II through group IV petroleum oils as fuel or cargo and that operate in waters where dispersant use pre-authorization agreements exist, need only plan for and identify dispersant response resources but not ensure their availability by contract. Submission of a written consent from the dispersant response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(10) For nontank vessels with a fuel and cargo capacity of 2,500 barrels or greater not operating exclusively on the inland areas of the United States, the GSA must also separately list the resource providers and specific resources necessary to provide oil spill tracking capabilities required in this subpart. The oil spill tracking resources to be listed within this section must include the following\u2014\n\n(i) The identification of a resource provider; and\n\n(ii) The type and location of aerial surveillance aircraft that have been ensured available, through contract or other approved means, to meet the oil spill tracking requirements of \u00a7 155.1050(k) of this part.\n\n(11) Nontank vessels with a capacity of 250 barrels or greater, but less than 2,500 barrels, need only plan for and identify aerial oil spill tracking response resources in the VRP, but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, \u201cContract or other approved means\u201d, paragraph (5).\n\n(j)  Appendices for vessel-specific information section.  This section of the VRP must include for each vessel covered by the VRP the following information, as applicable\u2014\n\n(1) List of the vessel's principal characteristics;\n\n(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water tanks;\n\n(3) The total volume and groups of oil that would be involved in a\u2014\n\n(i) Maximum most probable discharge; and\n\n(ii) Worst case discharge;\n\n(4) Diagrams showing location of all cargo, fuel, lube oil, and slop tanks, as applicable;\n\n(5) General arrangement plan (can be maintained separately onboard the vessel providing the VRP identifies the specific location);\n\n(6) Midships section plan (can be maintained separately onboard the vessel providing the VRP identifies the specific location);\n\n(7) Cargo and fuel piping diagrams and pumping plan, as applicable (can be maintained separately onboard the vessel providing the VRP identifies the specific location);\n\n(8) Damage stability data (can be maintained separately, providing the VRP identifies the specific location);\n\n(9) Location of cargo and fuel stowage plan for vessel; and\n\n(10) Location of information on the name, description, physical and chemical characteristics, health and safety hazards, and spill and firefighting procedures for the fuel and cargo oil onboard the vessel. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, SOLAS 74 regulation VI/5-1, cargo information required by 33 CFR 154.310, or equivalent, will meet this requirement. This information can be maintained separately.\n\n(k)  Required appendices for MARPOL 73/78 Annex I, Regulation 37, Shipboard Oil Pollution Emergency Plan (SOPEP) information.  U.S.-flag vessels not certificated for coastwise or oceans operating routes and foreign-flag vessels that are in compliance with Regulation 37 of MARPOL 73/78 Annex I are not required to comply with this paragraph. A vessel owner or operator of a U.S.-flag vessel constructed or certificated for coastwise or oceans operating routes, but that does not engage in international voyages, may request to be exempted from compliance with this paragraph through submission of a certified statement, attesting same, to Commandant (CG-MER), Office of Marine Environmental Response Policy, which must accompany the new nontank vessel response submission or resubmission. U.S.-flag vessels that must comply with this paragraph must label the cover of their VRP as a MARPOL 73/78 Annex I, Regulation 37 Shipboard Oil Pollution Emergency Plan (SOPEP) and Coast Guard Nontank Vessel Response Plan. The following information must be submitted consistent with Regulation 37 of MARPOL 73/78 Annex I as set forth in 33 CFR 151.26\u2014\n\n(1) The introductory text required by 33 CFR 151.26(b)(1);\n\n(2) The preamble statement regarding the purpose of the plans and how the plan relates to other shore-related plans as required by 33 CFR 151.26(b)(2);\n\n(3) The information on authorities or persons to be contacted in the event of an oil pollution incident as required 33 CFR 151.26(b)(3)(iii). This information must also clearly specify who will be responsible for informing the necessary parties from the coastal State contacts, the port contacts, and the ship interest contacts. This information must include\u2014\n\n(i) An appendix containing coastal State contacts for those coastal States in which the vessel regularly transits the exclusive economic zone. The appendix should list those agencies or officials of administrations responsible for receiving and processing pollution incident reports;\n\n(ii) An appendix of port contacts for those ports at which the vessel regularly calls; and\n\n(iii) For Antarctica, reports must also be directed to any Antarctic station that may be affected in accordance with 33 CFR 151.26(b)(3)(iii)(C);\n\n(4) Include the procedures and point of contact on the ship for coordinating shipboard activities with national and local authorities in combating an oil spill incident in accordance with 33 CFR 151.26(b)(5). The plan should address the need to contact the coastal State to advise them of action(s) being implemented and determine what authorization(s), if any, are needed; and\n\n(5) Required information lists in separate appendices per 33 CFR 151.26(b)(6)(ii)."], ["33:33:2.0.1.5.22.10.177.11", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5050 Response plan development and evaluation criteria for nontank vessels carrying groups I through IV petroleum oil.", "USCG", "", "", "[USCG-2008-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2014-0410, 79 FR 38437, July 7, 2014]", "(a)  Criteria for evaluating operability of response resources.  The criteria used to evaluate the operability of response resources identified in a vessel response plan (VRP) for specified operating environments must be in accordance with 33 CFR 155.1050(a).\n\n(b)  Operating environment reclassification of specific bodies of water.  Captain of the Port (COTP) reclassification of a specific body of water or location within the COTP zone must be in accordance with 33 CFR 155.1050(b).\n\n(c)  Criteria for response equipment.  Response equipment must\u2014\n\n(1) Meet or exceed the criteria listed in Table 1 of appendix B of this part;\n\n(2) Be capable of functioning in the applicable operating environment; and\n\n(3) Be appropriate for the amount of oil capable of being carried.\n\n(d)  Average most probable discharge.  (1) The owner or operator of a nontank vessel that carries groups I through IV petroleum oil as cargo must identify in the VRP and ensure the availability of, through contract or other approved means, the response resources that will respond to a discharge up to the vessel's average most probable discharge (AMPD). Nontank vessels that carry oil as cargo must meet the requirements for AMPD coverage, as applicable, per 33 CFR 155.1050(d).\n\n(2) Nontank vessels that only carry groups I through IV petroleum oil as fuel do not have to ensure the availability of AMPD resources by contract or other approved means, but must plan for and identify response resources required in \u00a7 155.1050(d)(1) and list this information in the applicable geographic-specific appendix for bunkering or fueling operations. Permission or acknowledgement from the listed resource providers is not required.\n\n(e)  Maximum most probable discharge.  (1) The owner or operator of a nontank vessel with a capacity of 250 barrels or greater carrying groups I through IV petroleum oil as fuel or cargo must identify in the VRP and ensure the availability of, through contract or other approved means, the response resources necessary to respond to a discharge up to the vessel's maximum most probable discharge (MMPD) volume. For the purposes of meeting the requirements of this paragraph, vessel owners or operators must meet 33 CFR 155.1050(e).\n\n(2) The owner or operator of a nontank vessel with a capacity less than 250 barrels must plan for and identify MMPD response resources in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(f)  Worst case discharge.  The owner or operator of a nontank vessel with a capacity of 2,500 barrels or greater carrying groups I through IV petroleum oil as fuel or cargo must identify in the VRP and ensure the availability of, through contract or other approved means, the response resources necessary to respond to discharges up to the worst case discharge (WCD) volume of the oil to the maximum extent practicable. For the purposes of meeting the requirements of this paragraph, vessel owners or operators must meet 33 CFR 155.1050(f). Nontank vessels need only plan for Tier 1 response resources.\n\n(g)  Tier 1 response times.  Response equipment identified to respond to a WCD should be capable of arriving on scene within the times specified in this paragraph for the applicable response in a higher volume port area, Great Lakes, or in other areas. Table 155.5050(g) details response times for this tier, from the time of discovery of a discharge.\n\nTable 155.5050( g )\u2014Response Times for Tier 1\n\n(h)  Planning standards for the mobilization and response times for required MMPD and WCD response resources.  For the purposes of arranging for MMPD or WCD response resources through contract or other approved means, response equipment identified for plan credit should be capable of being mobilized and en route to the scene of a discharge within 2 hours of notification. The notification procedures identified in the VRP should provide for notification and authorization for mobilization of response resources\u2014\n\n(1) Either directly or through the qualified individual; and\n\n(2) Within 30 minutes of a discovery of a discharge or substantial threat of discharge.\n\n(i)  Salvage, emergency lightering, and marine firefighting requirements.  The owner or operator of a nontank vessel carrying groups I through IV petroleum oil as fuel or cargo must plan for salvage, emergency lightering, and marine firefighting response resources, as applicable.\n\n(1) Nontank vessels with a capacity of 2,500 barrels or greater must meet the salvage, emergency lightering, and marine firefighting requirements found in subpart I of this part.\n\n(2) Nontank vessels with a capacity less than 2,500 barrels, but greater than or equal to 250 barrels, need to plan for and identify salvage, emergency lightering, and marine firefighting response resources found in subpart I in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(3) Nontank vessels with a capacity less than 250 barrels need to plan for and identify salvage response resources found in subpart I in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(j)  Dispersants.  (1) The owner or operator of a nontank vessel carrying groups II through IV petroleum oil as fuel or cargo with a capacity of 2,500 barrels or greater that operates in any area pre-authorized for dispersant use must identify in their VRP, and ensure the availability of, through contract or other approved means, response resources capable of conducting dispersant operations within those areas. Vessel owners or operators must meet 33 CFR 155.1050(k). These nontank vessels must meet Tier 1 for dispersant effective daily application capability.\n\n(2) The owner or operator of a nontank vessel with a capacity less than 2,500 barrels, but greater than or equal to 250 barrels, needs to plan for and identify dispersant response resources in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, paragraph (5) of the definition of \u201cContract or other approved means.\u201d\n\n(k)  Aerial oil spill tracking and observation response resources.  (1) The owner or operator of a nontank vessel carrying groups I through IV petroleum oil as fuel or cargo with a capacity of\u2014\n\n(i) 2,500 barrels or greater must identify in the VRP, and ensure availability of, through contract or other approved means, the response resources necessary to provide aerial oil spill tracking to support oil spill assessment and cleanup activities. Vessel owners or operators of these vessels must meet 33 CFR 155.1050(l).\n\n(ii) Less than 2,500 barrels, but greater than 250 barrels, need to plan for and identify aerial oil tracking response resources in the VRP but do not have to ensure these resources are available by contract. Submission of a written consent for plan listing from the recognized response resource provider must accompany the VRP for approval or revision. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, \u201cContract or other approved means\u201d, paragraph (5).\n\n(2) Nontank vessels operating exclusively on the inland areas of the United States are not required to comply with paragraph (k) of this section.\n\n(l)  Response resources necessary to perform shoreline protection operations.  The owner or operator of a nontank vessel carrying groups I through IV petroleum oil as fuel or cargo with a capacity of 250 barrels or greater must identify in the VRP, and ensure the availability of, through contract or other approved means, the response resources necessary to perform shoreline protection operations. The response resources must include the quantities of boom listed in Table 2 of appendix B of this part, based upon the specific COTP zones in which the vessel operates.\n\n(m)  Shoreline cleanup operations.  The owner or operator of a nontank vessel carrying groups I through IV petroleum oil as fuel or cargo with a capacity of 250 barrels or greater must identify in the VRP, and ensure the availability of, through contract or other approved means, an oil spill removal organization capable of effecting a shoreline cleanup operation commensurate with the quantity of emulsified petroleum oil to be planned for in shoreline cleanup operations. The shoreline cleanup resources required must be determined as described in appendix B of this part.\n\n(n)  Practical and technical limits of response capabilities.  Appendix B of this part sets out response capability capacities (caps) that recognize the practical and technical limits of response capabilities for which an individual vessel owner or operator can contract in advance. Table 6 in appendix B lists the contracting caps that are applicable. The owner or operator of a nontank vessel carrying groups I through IV petroleum oil as fuel or cargo, with a capacity of 2,500 barrels or greater, whose required daily recovery capacity exceeds the applicable contracting caps in Table 6, must identify commercial sources of additional equipment equal to twice the cap listed for each tier or the amount necessary to reach the calculated planning volume, whichever is lower, to the extent that this equipment is available. The equipment so identified must be capable of arriving on scene no later than the applicable tier response times contained in \u00a7 155.5050(g) or as quickly as the nearest available resource permits. A VRP must identify the specific sources, locations, and quantities of this additional equipment. No contract is required.\n\n(o)  Review of response capability limits.  The Coast Guard will continue to evaluate the environmental benefits, cost efficiency, and practicality of increasing mechanical recovery capability requirements. This continuing evaluation is part of the Coast Guard's long term commitment to achieving and maintaining an optimum mix of oil spill response capability across the full spectrum of response modes. As best available technology demonstrates a need to evaluate or change mechanical recovery capacities, a review of cap increases and other requirements contained within this subpart may be performed. Any changes in the requirements of this section will occur through a rulemaking process. During this review, the Coast Guard will determine if established caps remain practicable and if increased caps will provide any benefit to oil spill recovery operations. The review will include, at least, an evaluation of\u2014\n\n(1) Best available technologies for containment and recovery;\n\n(2) Oil spill tracking technology;\n\n(3) High rate response techniques;\n\n(4) Other applicable response technologies; and\n\n(5) Increases in the availability of private response resources.\n\n(p)  Nontank vessel response plan required response resources matrix.  Table 155.5050(p) summarizes the VRP required response resources.\n\nTable 155.5050(p)\u2014Nontank Vessel Response Plan Required Response Resources Matrix\n\n1  For nontank vessels carrying oil as fuel only. Nontank vessels carrying oil as cargo must meet AMPD response resources in 33 CFR 155.5050(d)(1) as applicable.\n\n2  The indicated response resources that must be located within the stipulated response times in the specified geographic areas need only be identified and planned for in the VRP, but not ensured available by contract. Submission of a written consent from the response resource provider must accompany the VRP for approval. This is considered an acceptable \u201cother approved means.\u201d See 33 CFR 155.5020, \u201cContract or other approved means\u201d, paragraph (5)."], ["33:33:2.0.1.5.22.10.177.12", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5052 Response plan development and evaluation criteria for nontank vessels carrying group V petroleum oil.", "USCG", "", "", "", "Owners or operators of nontank vessels that carry group V petroleum oil as fuel or cargo must meet the requirements of 33 CFR 155.1052."], ["33:33:2.0.1.5.22.10.177.13", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5055 Training.", "USCG", "", "", "", "(a) For nontank vessels with an oil capacity of 250 barrels or greater\u2014\n\n(1) A vessel response plan (VRP) submitted to meet the requirements of \u00a7 155.5035 must identify the training to be provided to persons having responsibilities under the VRP, including members of the vessel crew, the qualified individual, and the spill management team. The training program must differentiate between that training provided to vessel personnel and that training provided to shore-based personnel. Appendix C of this part provides additional guidance regarding training; and\n\n(2) A vessel owner or operator must comply with the vessel response plan training requirements of 33 CFR 155.1055.\n\n(b) For nontank vessels with an oil capacity of less than 250 barrels, a vessel owner or operator must comply with the VRP training requirements of paragraph (a) of this section or the Alternative Training and Exercise Program requirements of \u00a7 155.5061."], ["33:33:2.0.1.5.22.10.177.14", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5060 Exercises.", "USCG", "", "", "", "(a) For nontank vessels with an oil capacity of 250 barrels or greater\u2014\n\n(1) A vessel owner or operator required by \u00a7 155.5035 to have a vessel response plan (VRP) must conduct exercises as necessary to ensure that the VRP will function in an emergency. Vessel owners or operators must include both announced and unannounced exercises; and\n\n(2) A vessel owner or operator must comply with the VRP exercise requirements of 33 CFR 155.1060.\n\n(b) For nontank vessels with an oil capacity of less than 250 barrels, a vessel owner or operator must comply with the VRP exercise requirements of paragraph (a) of this section or the Alternative Training and Exercise Program requirements of \u00a7 155.5061."], ["33:33:2.0.1.5.22.10.177.15", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5061 Alternative Training and Exercise Program.", "USCG", "", "", "[USCG-1998-3417, 73 FR 80649, Dec. 31, 2008, as amended by USCG-2016-0498, 82 FR 35082, July 28, 2017]", "(a) Owners or operators of nontank vessels with an oil capacity of less than 250 barrels, in lieu of the training and exercise requirements of \u00a7\u00a7 155.5055 and 155.5060, may meet an Alternative Training and Exercise Program that has been approved by the (CG-MER), Office of Marine Environmental Response Policy for meeting the requirements of this section.\n\n(b) Vessel owners or operators must make available to the Coast Guard, upon request, any information related to implementation of an approved Alternative Training and Exercise Program.\n\n(c) For approval of an Alternative Training and Exercise Program the vessel owners or operators must submit to the Commandant (CG-MER) for review and approval: The Alternative Training and Exercise Program and the following information to assess the adequacy of the proposed Alternative Training and Exercise Program\u2014\n\n(1) A list of the vessels to which the Alternative Training and Exercise Program is intended to apply;\n\n(2) An explanation of how the Alternative Training and Exercise Program addresses the requirements of 33 CFR 155.1055(b) through (f) and 33 CFR 155.1060; and\n\n(3) An explanation of how vessel owners or operators must implement the Alternative Training and Exercise Program in its entirety, including performing verification of implementation.\n\n(d) Amendments to the Alternative Training and Exercise Program approved under this section may be initiated by the submitter of an Alternative Training and Exercise Program.\n\n(e) Approval of the Alternative Training and Exercise Program is required before a vessel may receive a nontank vessel response plan approval letter.\n\n(f) The Commandant (CG-MER) will examine each submission for compliance with this section and\u2014\n\n(1) If the submission meets all the requirements, the Coast Guard will consider the training and exercise program requirements under this section to be satisfactory; or\n\n(2) If the Coast Guard determines that the submission does not meet all of the requirements, the submitter will be notified of the deficiencies. The submitter may then resubmit a revised request within the time period specified."], ["33:33:2.0.1.5.22.10.177.16", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5062 Inspection and maintenance of response resources.", "USCG", "", "", "", "The owner or operator of a nontank vessel required to submit a vessel response plan under this part must comply with the response resource inspection and maintenance requirements of 33 CFR 155.1062."], ["33:33:2.0.1.5.22.10.177.17", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5065 Procedures for plan submission and approval.", "USCG", "", "", "[USCG-2008-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2014-0410, 79 FR 38437, July 7, 2014; USCG-2016-0498, 82 FR 35083, July 28, 2017; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024]", "(a) An owner or operator of a nontank vessel to which this subpart applies must submit one complete English language copy of a vessel response plan to Commandant electronically by using the Vessel Response Plan Electronic Submission Tool for registered users available at  https://vrp.uscg.mil/homeport-vrp/vrp-express/  or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516 or by email to  vrp@uscg.mil . The plan must be submitted at least 60 days before the vessel intends to operate upon the navigable waters of the United States.\n\n(b) The owner or operator of a nontank vessel must include a statement certifying that the VRP meets the applicable requirements of this subpart and the requirements of subparts D, E, F, and G, if applicable. The vessel owner or operator must also include a statement certifying that the vessel owner or operator has ensured the availability of, through contract or other approved means, the necessary private response resources to respond, to the maximum extent practicable, to a worst-case discharge or substantial threat of such a discharge from their vessel as required under this subpart.\n\n(c) If the Coast Guard determines that the VRP meets all requirements of this subpart, the Coast Guard will notify the vessel owner or operator with an approval letter. The VRP will be valid for a period of 5 years from the date of approval, conditional upon satisfactory annual updates.\n\n(d) If the Coast Guard reviews the VRP and determines that it does not meet all of the requirements of this subpart, the Coast Guard will notify the vessel owner or operator of the VRP deficiencies. The vessel owner or operator must then resubmit a copy of the revised VRP or corrected portions of the VRP, within the time period specified in the written notice provided by the Coast Guard."], ["33:33:2.0.1.5.22.10.177.18", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5067 Alternative planning criteria.", "USCG", "", "", "[USCG-2009-1070, 78 FR 60124, Sept. 30, 2013, as amended at USCG-2016-0498, 82 FR 35083, July 28, 2017; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024]", "(a) When the owner or operator of a nontank vessel believes that national planning criteria contained elsewhere in this part are inappropriate for the areas in which the vessel intends to operate, the vessel owner or operator may submit an alternative planning criteria request to the Coast Guard. Alternative planning criteria requests must be submitted 90 days before the vessel intends to operate under the proposed alternative, or as soon as is practicable. The alternative planning criteria request must be endorsed by the Captain of the Port (COTP) with jurisdiction over the geographic area(s) affected before being considered by Commandant (CG-MER), Office of Marine Environmental Response Policy, for the review and approval of the respective vessel response plan (VRP). In any case, the request must be received by Commandant (CG-MER) with an endorsement by the respective COTP no later than 21 days before the vessel intends to operate under the alternative planning criteria.\n\n(b) The alternative planning criteria request should detail all elements of the VRP where deviations from the requirements in this subpart are being proposed or have not been met. Response equipment, techniques, or procedures identified in the alternative planning criteria request should be submitted in accordance with the evaluation criteria of appendix B of this part. The request should contain at a minimum\u2014\n\n(1) Reason(s) and supporting information for the alternative planning criteria request;\n\n(2) Identification of regulations necessitating the alternative planning criteria request;\n\n(3) Proposals for alternative procedures, methods, or equipment standards, where applicable, to provide for an equivalent level of planning, response, or pollution mitigation strategies;\n\n(4) Prevention and mitigation strategies that ensure low risk of spills and adequate response measures as a result of the alternative planning criteria; and\n\n(5) Environmental and economic impact assessments of the effects.\n\n(c) The determination of an alternative planning criteria request will be conducted by Commandant (CG-MER), Office of Marine Environmental Response Policy."], ["33:33:2.0.1.5.22.10.177.19", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5070 Procedures for plan review, revision, and amendment.", "USCG", "", "", "", "(a) The owner or operator of a nontank vessel must review the vessel response plan (VRP) annually. This review must occur within 1 month of the anniversary date of Coast Guard approval of the VRP.\n\n(b) A VRP prepared and submitted under this subpart must be revised and amended, as necessary, in accordance with \u00a7 155.1070."], ["33:33:2.0.1.5.22.10.177.2", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5012 Deviation from response plan.", "USCG", "", "", "", "The owner or operator of a nontank vessel required to have a vessel response plan (VRP) under this subpart may not deviate from the approved VRP unless the President or Federal On-Scene Coordinator determines that the deviation from the VRP would provide for a more expeditious or effective response to the spill or mitigation of its environmental effects."], ["33:33:2.0.1.5.22.10.177.20", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5075 Appeal procedures.", "USCG", "", "", "[USCG-2008-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2014-0410, 79 FR 38437, July 7, 2014; USCG-2016-0498, 82 FR 35083, July 28, 2017]", "(a) A vessel owner or operator who disagrees with a deficiency determination may submit a petition for reconsideration to the Commandant (CG-5RI), Attn: Director of Incident Management and Preparedness Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516 or  vrp@uscg.mil  within the time period required for compliance or within 7 days from the date of receipt of the Coast Guard notice of a deficiency determination, whichever is less. After considering all relevant material presented, the Coast Guard will notify the vessel owner or operator of the final decision.\n\n(1) Unless the vessel owner or operator petitions for reconsideration of the Coast Guard's decision, the vessel's owner or operator must correct the vessel response plan (VRP) deficiencies within the period specified in the Coast Guard's initial determination.\n\n(2) If the vessel owner or operator petitions the Coast Guard for reconsideration, the effective date of the Coast Guard notice of deficiency determination may be delayed pending a decision by the Coast Guard. Petitions to the Coast Guard must be submitted in writing, via the Coast Guard official who issued the requirement to amend the VRP, within 5 days of receipt of the notice.\n\n(b) Within 21 days of notification that a VRP is not approved, the vessel owner or operator may appeal that determination to the Director of Incident Management and Preparedness Policy (CG-5RI). This appeal must be submitted in writing to Commandant (CG-5RI), Attn: Director of Incident Management and Preparedness Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516."], ["33:33:2.0.1.5.22.10.177.3", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5015 Applicability.", "USCG", "", "", "[USCG-1998-3417, 73 FR 80649, Dec. 31, 2008, as amended by USCG-2024-1103, 90 FR 52878, Nov. 24, 2025]", "(a) Except as provided in paragraph (d) of this section, this subpart applies to each self-propelled vessel that\u2014\n\n(1) Carries oil of any kind as fuel for main propulsion;\n\n(2) Is not a tank vessel or is not certificated as a tank vessel;\n\n(3) Operates upon the navigable waters of the United States, as defined in 46 U.S.C. 2101; and\n\n(4) Is 400 gross tons or more as measured under the convention measurement system in 46 U.S.C. 14302 or the regulatory measurement system of 46 U.S.C. 14502 for vessels not measured under 46 U.S.C. 14302.\n\n(b) This subpart also applies to vessels carrying oil as secondary cargo and that meet the requirements of paragraph (a) of this section.\n\n(c) For Integrated Tug Barge (ITB) units that are not certificated as tank vessels, the tonnage used to determine applicability of these regulations is the aggregate tonnage of the ITB combination, and the oil capacity used to determine the worst case discharge volume is the aggregate oil capacity of the ITB combination.\n\n(d) This subpart does not apply to the following types of vessels\u2014\n\n(1) Public vessels;\n\n(2) Foreign-flag vessels engaged in innocent passage through the territorial sea or transit passage through a strait used for international navigation, unless bound for or departing from a port or place of the United States;\n\n(3) Vessels that carry oil as a primary cargo and are required to submit a vessel response plan (VRP) in accordance with 33 CFR part 155, subpart D;\n\n(4) Vessels constructed or operated in such a manner that no oil in any form can be carried onboard as fuel for propulsion or cargo;\n\n(5) Permanently moored craft; and\n\n(6) Inactive vessels.\n\nNote to \u00a7 155.5015: VRP requirements for tank vessels are found in subpart D of this part."], ["33:33:2.0.1.5.22.10.177.4", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5020 Definitions.", "USCG", "", "", "[USCG-2008-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2014-0410, 79 FR 38437, July 7, 2014; USCG-2024-1103, 90 FR 52878, Nov. 24, 2025]", "Except as otherwise defined in this section, the definitions in \u00a7\u00a7 155.110 and 155.1020 apply to this subpart. For the purposes of this subpart only, the term\u2014\n\nCargo  means oil, not carried as fuel, which is carried in bulk, and that is transported to and off-loaded at a port or place by a vessel. It does not include\u2014\n\n(1) Oil carried in integral tanks, marine portable tanks, or independent tanks for use by machinery, helicopters, and boats carried onboard the vessel, or for use by helicopters that are directly supporting the vessel's primary operations;\n\n(2) Oil transferred from a towing vessel to a vessel in its tow to operate installed machinery other than the propulsion plant; or\n\n(3) Oil recovered during oil spill response operations.\n\nContract or other approved means  includes\u2014\n\n(1) A written contractual agreement between a vessel owner or operator and a required response resource provider. The agreement must identify and ensure the availability of specified personnel and equipment required under this subpart within stipulated response times in the applicable Captain of the Port (COTP) zone or specified geographic areas;\n\n(2) Certification by the vessel owner or operator that specified personnel and equipment required under this subpart are owned, operated, or under the direct control of the vessel owner or operator, and are available within stipulated response times in the applicable COTP zone or specified geographic areas;\n\n(3) Active membership with a local or regional required response resource provider that has identified specific personnel and equipment required under this subpart that are available to respond to a discharge within stipulated response times in the COTP zone or specified geographic areas;\n\n(4) A document that\u2014\n\n(i) Identifies the personnel, equipment, and services capable of being provided by the required response resource provider within stipulated response times in the COTP zone or specified geographic areas;\n\n(ii) Sets out the parties' acknowledgment that the required response resource provider intends to commit the resources in the event of a response;\n\n(iii) Permits the Coast Guard to verify the availability of the identified response resources through tests, inspections, and exercises; and\n\n(iv) Is referenced in the vessel response plan; or\n\n(5) With the written consent of the required response resource provider, the identification of a required response resource provider with specified equipment and personnel that are available within stipulated response times in the COTP zone, port area, or specified geographic area. This paragraph is \u201cother approved means\u201d for only\u2014\n\n(i) Nontank vessels with a fuel or cargo oil capacity of less than 250 barrels for maximum most probable discharge oil spill removal response resource requirements per 33 CFR 155.5050(e);\n\n(ii) Nontank vessels that carry group I through group IV petroleum oils as fuel or cargo with a capacity of 250 barrels or greater, but less than 2,500 barrels, for salvage, emergency lightering, and marine firefighting response resources per 33 CFR 155.5050(i)(2);\n\n(iii) Nontank vessels that carry group I through group IV petroleum oils as fuel or cargo with a capacity less than 250 barrels for salvage response resources in 33 CFR 155.5050(i)(3);\n\n(iv) Nontank vessels that carry group II through group IV petroleum oils as fuel or cargo with a capacity of 250 barrels or greater, but less than 2,500 barrels, for dispersant response resources per 33 CFR 155.5035(i)(7) and 33 CFR 155.5050(j); and\n\n(v) Nontank vessels that carry groups I through IV petroleum oils as fuel or cargo with a capacity of 250 barrels or greater, but less than 2,500 barrels, for aerial oil spill tracking to support oil spill assessment and cleanup activities per 33 CFR 155.5050(k).\n\nFuel  means all oils of any kind, which may be used to supply power or lubrication for primary or auxiliary purposes onboard the vessel in which it is carried.\n\nInactive vessel  means a vessel that is out of service or laid up and has emptied its tanks of fuel except for the minimum amount of fuel necessary for the maintenance of the vessel's material condition. Such a vessel is considered not to be operating on the navigable waters of the United States for the purposes of 33 U.S.C. 1321(j)(5), unless the cognizant COTP determines that it poses an unacceptable risk to the marine environment due to the amount of oil carried for maintenance. A vessel would not be considered inactive if it carried oil as a cargo or cargo residue.\n\nIntegrated Tug Barge  or  ITB  means any tug barge combination in which a specially designed propulsion unit (tug) is mated to a cargo unit (barge) of a compatible special design or where a propulsion unit (tug) is mated to a cargo unit (barge) with a specially designed connection system such that the combined unit has operating characteristics and seakeeping capabilities that exceed, under all anticipated weather conditions, those of a tug and barge, where the tug is secured in the barge notch or on fenders by means such as wire rope, chains, lines, or other tackle now commonly used in offshore towing.\n\nMaximum most probable discharge  or  MMPD  means a discharge of\u2014\n\n(1) Two thousand five hundred (2,500) barrels of oil, for vessels with a fuel and cargo capacity equal to or greater than 25,000 barrels; or\n\n(2) Ten percent of the vessel's fuel and cargo capacity, for vessels with a fuel and cargo capacity of less than 25,000 barrels.\n\nNavigable waters of the United States  means navigable waters of the United States as defined in 33 CFR 2.36(b)(1), including the waters in 46 U.S.C. 2101(23).\n\nNontank vessel  means a vessel meeting the description provided in 33 CFR 155.5015(a).\n\nOil spill removal organization  or  OSRO  means any person or persons who own(s) or otherwise control(s) oil spill removal resources that are designed for, or are capable of, removing oil from the water or shoreline. Control of such resources through means other than ownership includes leasing or subcontracting of equipment or, in the case of trained personnel, by having contracts, evidence of employment, or consulting agreements. OSROs provide response equipment and services, individually or in combination with subcontractors or associated contractors, under contract or other approved means, directly to a vessel owner or operator of a vessel or a facility required to have a response plan under 33 U.S.C. 1321(j)(5). OSROs are able to mobilize and deploy equipment or trained personnel and remove, store, and transfer recovered oil. Persons such as sales and marketing organizations (e.g., distributorships and manufacturer's representatives) that warehouse or store equipment for sale are not OSROs.\n\nP&I Club  means a protection and indemnity insurance group that provides liability insurance cover for the vessel owner or operator that would respond to an oil discharge or substantial threat of such a discharge by the vessel.\n\nPermanently moored craft  means a watercraft that is not considered to be a vessel under the rule of construction in 1 U.S.C. 3, because it is not practically (as opposed to theoretically) used or capable of being used as a means of transportation on the water.\n\nPublic vessel  means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.\n\nQualified individual  or  QI  and  alternate qualified individual  means a shore-based representative of a vessel owner or operator who meets the requirements of 33 CFR 155.5026.\n\nSubstantial threat of such a discharge  means any incident involving a vessel that may create a significant risk of discharge of fuel or cargo oil. Such incidents include, but are not limited to, groundings, allisions, strandings, collisions, hull damage, fires, explosions, loss of propulsion, floodings, on-deck spills, or other similar occurrences.\n\nTier  means the combination of required response resources and the times within which the resources must arrive on scene. Appendix B of this part, especially Tables 5 and 6, provide specific guidance on calculating the response resources required by a respective tier. Section 155.5050(g) sets forth the required times within which the response resources must arrive on scene. Tiers are applied to three categories of areas\u2014\n\n(1) Higher volume port areas;\n\n(2) The Great Lakes; and\n\n(3) All other operating environments, including rivers and canals, inland, nearshore, offshore, and open ocean areas.\n\nTransfer  means any movement of oil to or from a vessel by means of pumping, gravitation, or displacement. A transfer is considered to begin when the person in charge of the transferring vessel or facility and the person in charge of the receiving facility or vessel first meet to begin completing the declaration of inspection required by 33 CFR 156.150. A transfer is considered to be complete when all the connections for the transfer have been uncoupled and secured with blanks or other closure devices and both of the persons in charge have completed the declaration of inspection to include the date and time they complete the transfer.\n\nWorst case discharge  or  WCD  means a discharge in adverse weather conditions of a vessel's entire fuel or cargo oil, whichever is greater."], ["33:33:2.0.1.5.22.10.177.5", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5021 Operating restrictions.", "USCG", "", "", "", "Nontank vessels subject to this subpart may not\u2014\n\n(a) Operate upon the navigable waters of the United States unless in compliance with a vessel response plan (VRP) approved under \u00a7 155.5065.\n\n(b) Continue to operate on the navigable waters of the United States if\u2014\n\n(1) The Coast Guard determines that the response resources identified in the vessel's certification statement do not meet the requirements of this subpart;\n\n(2) The contracts or agreements required in \u00a7\u00a7 155.5050 and 155.5052 and the vessel's certification statement are no longer valid;\n\n(3) The vessel is not operating in compliance with the submitted VRP; or\n\n(4) The period of the VRP authorization has expired."], ["33:33:2.0.1.5.22.10.177.6", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5023 Interim operating authorization.", "USCG", "", "", "", "(a) Notwithstanding the requirements of \u00a7 155.5021 of this subpart, a vessel may continue to operate for up to 2 years after the date of submission of a vessel response plan (VRP) pending approval of that VRP, if the vessel has received written authorization for continued operations from the Coast Guard.\n\n(b) To receive this authorization, the vessel owner or operator must certify in writing with an original or electronic signature to the Coast Guard that the vessel owner or operator has identified and has ensured, by contract or other approved means, the availability of the necessary private response resources to respond, to the maximum extent practicable, to a worst case discharge or substantial threat of such a discharge from their vessel.\n\n(c) Those nontank vessels temporarily authorized to operate under the provisions provided in this section must comply with 33 CFR 155.1070(c), (d), and (e)."], ["33:33:2.0.1.5.22.10.177.7", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5025 One-time port waiver.", "USCG", "", "", "", "(a) If the vessel owner or operator seeks a one-time port waiver, they must certify in writing or using electronic signatures acceptable to the Coast Guard, prior to the vessel's entry into the Captain of the Port (COTP) zone, that they have met the requirements of\u2014\n\n(1) 33 CFR 155.1025(e)(1) through (3); and\n\n(2) The vessel owner or operator has identified and ensured the availability of, through contract or other approved means, the private response resources necessary to respond, to the maximum extent practicable under the criteria in \u00a7 155.5050 to a worst case discharge or substantial threat of discharge from the vessel in the applicable COTP zone.\n\n(b) Once the vessel owner or operator satisfies the requirements of paragraph (a) of this section, the cognizant U.S. Coast Guard COTP may grant written authorization for that nontank vessel to make one voyage in the respective geographic-specific area not covered by the vessel response plan.\n\n(c) All requirements of this subpart must be met by a nontank vessel that received a one-time port waiver, for any subsequent voyage to the same geographic-specific area."], ["33:33:2.0.1.5.22.10.177.8", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5026 Qualified individual and alternate qualified individual.", "USCG", "", "", "", "The vessel response plan must identify a qualified individual and at least one alternate who meet the requirements of 33 CFR 155.1026. The qualified individual or alternate qualified individual must be available on a 24-hour basis."], ["33:33:2.0.1.5.22.10.177.9", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "J", "Subpart J\u2014Nontank Vessel Response Plans", "", "\u00a7 155.5030 Nontank vessel response plan requirements: General content.", "USCG", "", "", "", "(a) The entire vessel response plan (VRP) must be written in English and, if applicable, in a language that is understood by the crew members with responsibilities under the VRP.\n\n(b) The VRP must cover all geographic areas of the United States in which the vessel intends to handle, store, or transport oil, including port areas and offshore transit areas.\n\n(c) The VRP must be divided into the following sections\u2014\n\n(1) General information and introduction;\n\n(2) Notification procedures;\n\n(3) Shipboard spill mitigation procedures;\n\n(4) Shore-based response activities;\n\n(5) List of contacts;\n\n(6) Training procedures;\n\n(7) Exercise procedures;\n\n(8) Plan review and update procedures;\n\n(9) Geographic-specific appendix (GSA) for each Captain of the Port (COTP) zone in which the vessel or vessels operate; and\n\n(10) An appendix for vessel-specific information for the vessel or vessels covered by the VRP.\n\n(d) A vessel owner or operator with multiple vessels may submit one plan for all classes of vessels ( i.e. , subpart D\u2014Manned vessels carrying oil as primary cargo and unmanned vessels carrying oil as primary cargo; subpart E\u2014Tankers loading cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act; subpart F\u2014Vessels carrying animal fats and vegetable oils as primary cargo; and subpart G\u2014Vessels carrying other non-petroleum oils as a primary cargo) with a separate vessel-specific appendix for each vessel covered by the plan and a separate GSA for each COTP zone in which the vessel(s) will operate.\n\n(e) A VRP must be divided into the sections described in paragraph (c) of this section unless the VRP is supplemented with a cross-reference table to identify the location of the information required by this subpart.\n\n(f) The information contained in a VRP must be consistent with\u2014\n\n(1) The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in effect on the date 6 months prior to the submission date of the VRP; or\n\n(2) Most recent NCP and ACP(s).\n\nNote to \u00a7 155.5030(f)(1): See diagram of \u201cRelationship of Plans\u201d at 40 CFR 300.210.\n\n(g) Copies of the submitted and approved VRP must be available as follows\u2014\n\n(1) The vessel owner or operator must ensure that they maintain one English language copy of the VRP, at a minimum the contents listed in paragraph (c)(1), (2), (3), (5), (6), (7), (9) and (10) of this section and a copy of the Coast Guard approval letter, onboard the vessel. In lieu of paper format, the vessel owner or operator may keep an electronic copy of the VRP and approval letter onboard the vessel. If applicable, additional copies of the required VRP sections must be in the language understood by crew members with responsibilities under the VRP and maintained onboard the vessel; and\n\n(2) The vessel owner or operator must also maintain a current copy of the entire VRP and ensure that each person identified as a qualified individual and alternate qualified individual in the VRP has a current copy of the entire VRP. An electronic copy of the VRP is authorized.\n\n(h) Compliance with this subpart will also constitute compliance for a U.S.-flag nontank vessel required to submit a Shipboard Oil Pollution Emergency Plan (SOPEP) pursuant to 33 CFR 151.09(c) and Regulation 37 of MARPOL 73/78 Annex I as long as the additional requirements listed in \u00a7 155.5035(k) are met. A U.S.-flag nontank vessel holding a valid Certificate of Inspection endorsed for Coastwise or Oceans operating routes with authorization to engage on an international voyage must maintain a U.S. Coast Guard SOPEP approval letter per 33 CFR 151.27(e). A separate SOPEP is not required."], ["33:33:2.0.1.5.22.2.177.1", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.200 Definitions.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-2001-9046, 67 FR 58524, Sept. 17, 2002; 73 FR 79316, Dec. 29, 2008]", "As used in this subpart:\n\nInland oil barge  means a tank barge carrying oil in bulk as cargo certificated by the Coast Guard under 46 CFR chapter I, subchapter D for river or canal service or lakes, bays, and sounds service.\n\nOn-deck spill  means a discharge of oil on the deck of a vessel during loading, unloading, transfer, or other shipboard operations. An on-deck spill could result from a leaking fitting, an overfill, a bad connection, or similar operational mishap. The term  on-deck spill  is used to differentiate these operational discharges from those caused by collision or grounding where the hull is punctured and a tank is ruptured, resulting in an uncontrolled discharge of oil into the marine environment.\n\nOffshore oil barge  means a tank barge carrying oil in bulk as cargo, including dual-mode integrated tug-barges, certificated by the Coast Guard under 46 CFR chapter I, subchapter D, for navigation in waters outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or the Gulf of America; any tank barge in Great Lakes service; or any foreign flag tank barge.\n\nOil tanker  means a self-propelled vessel carrying oil in bulk as cargo, including integrated tug-barges designed for push-mode operation.\n\nVessel carrying oil as secondary cargo  means a vessel carrying oil pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46 CFR 90.05-35 or pursuant to an International Oil Pollution Prevention (IOPP) or Noxious Liquid Substance (NLS) certificate required by \u00a7 151.33 or \u00a7 151.35 of this chapter; or any uninspected vessel that carries oil in bulk as cargo."], ["33:33:2.0.1.5.22.2.177.10", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.245 Damage stability information for inland oil barges.", "USCG", "", "", "[CGD 90-068, 58 FR 67997, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) Owners or operators of inland oil barges shall ensure that the vessel plans necessary to perform salvage, stability, and residual hull strength assessments are maintained at a shore-based location.\n\n(b) Access to the plans must be available 24 hours a day."], ["33:33:2.0.1.5.22.2.177.11", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.250 Oil fuel tank protection.", "USCG", "", "", "[USCG-2010-0194, 80 FR 5934, Feb. 4, 2015]", "Each ship with an aggregate oil fuel capacity of 600 cubic meters or more that is delivered on or after August 1, 2010, must meet the minimum standard of oil fuel tank protection required by Annex I, Regulation 12A (incorporated by reference, see \u00a7 155.140)."], ["33:33:2.0.1.5.22.2.177.12", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.310 Containment of oil and hazardous material cargo discharges.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 90-068, 58 FR 67997, Dec. 22, 1993; USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) A tank vessel with a capacity of 250 or more barrels that is carrying oil or hazardous material as cargo must have\u2014\n\n(1) Under or around each loading manifold and each transfer connection point, a fixed container or enclosed deck area that, in all conditions of ship list or trim encountered during the loading operation, has a capacity of at least:\n\n(i) One half barrel if it serves one or more hoses with an inside diameter of 2 inches or less, or one or more loading arms with a nominal pipe size diameter of 2 inches or less;\n\n(ii) One barrel if it serves one or more hoses with an inside diameter of more than 2 inches but less than 4 inches, or one or more loading arms with a nominal pipe size diameter of more than 2 inches but less than 4 inches;\n\n(iii) Two barrels if it serves one or more hoses with an inside diameter of 4 inches or more, but less than 6 inches, or one or more loading arms with a nominal pipe size diameter of 4 inches or more, but less than 6 inches;\n\n(iv) Three barrels if it serves one or more hoses with an inside diameter of 6 inches or more, but less than 12 inches, or one or more loading arms with a nominal pipe size diameter of 6 inches or more, but less than 12 inches; or\n\n(v) Four barrels if it serves one or more hoses with an inside diameter of 12 inches or more, or one or more loading arms with a nominal pipe size diameter of 12 inches or more;\n\n(2) A means of draining or removing discharged oil or hazardous material from each container or enclosed deck area without discharging the oil or hazardous material into the water; and\n\n(3) A mechanical means of closing each drain and scupper in the container or enclosed deck area required by this section.\n\n(b) An offshore tank barge with a cargo capacity of 250 or more barrels that is carrying hazardous material as cargo and an inland tank barge with the capacity of 250 or more barrels that is carrying oil or a hazardous material as cargo must meet paragraph (a) of this section or be equipped with\u2014\n\n(1) A coaming, at least 4 inches high but not more than 8 inches high, enclosing the immediate area of the cargo hatches, loading manifolds, and transfer connections, that has a capacity, in all conditions of vessel list and trim to be encountered during the loading operation, of at least one-half barrel per hatch, manifold, and connection within the enclosed area;\n\n(2) A fixed or portable container under each loading manifold and each transfer connection within the coaming, that holds at least one-half barrel;\n\n(3) A mechanical means of closing each drain and scupper within the coaming; and\n\n(4) A means of draining or removing discharged oil or hazardous material from the fixed or portable container and from within the coamings without discharging the oil or hazardous material into the water.\n\n(c) All oil tankers and offshore oil barges with a cargo capacity of 250 or more barrels must have peripheral coamings, including port and starboard coamings and forward and aft athwartships coamings, completely enclosing the cargo deck area, cargo hatches, manifolds, transfer connections, and any other openings where cargo may overflow or leak.\n\n(1) Coamings must be at least 4 inches high except in the aft corners.\n\n(2) In the aft corners (port and starboard) of a vessel, the coamings must be at least 8 inches high and extend\u2014\n\n(i) Forward at least 14 feet from each corner; and\n\n(ii) Inboard at least 8 feet from each corner.\n\n(3) Each area enclosed by the coaming required under this paragraph must have\u2014\n\n(i) A means of draining or removing oil from the enclosed deck area without discharging oil into the water; and\n\n(ii) A mechanical means of closing each drain and scupper in the enclosed deck-area.\n\n(4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or other barrier required in 46 CFR 32.56-15 may serve as the aft athwartships coaming if the tankship is otherwise in compliance with the requirements of this section.\n\n(d) In addition to the requirements of paragraphs (a) and (b) of this section, an offshore oil barge with a cargo capacity of 250 or more barrels must have\u2014\n\n(1) A fixed or portable container that holds at least one-half barrel under each oil loading manifold and each oil transfer connection within the coaming;\n\n(2) A mechanical means of closing each drain and scupper within the coaming; and\n\n(3) A means of draining or removing discharged oil from the fixed or portable container and from within the coaming without discharging the oil into the water."], ["33:33:2.0.1.5.22.2.177.13", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.320 Fuel oil and bulk lubricating oil discharge containment.", "USCG", "", "", "", "(a) A ship of 300 gross tons or more constructed after June 30, 1974 must have a fixed container or enclosed deck area under or around each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe, that:\n\n(1) For a ship of 300 or more but less than 1600 gross tons has a capacity of at least one-half barrel; and\n\n(2) For a ship of 1600 or more gross tons has a capacity of one barrel.\n\n(b) A ship of 100 gross tons or more constructed before July 1, 1974, and a ship of 100 or more but less than 300 gross tons constructed after June 30, 1974 must:\n\n(1) Meet paragraph (a)(1) of this section; or\n\n(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe during oil transfer operations with a portable container of at least a 5 U.S. gallon capacity; or\n\n(3) If the ship has a fill fitting for which containment is impractical, use an automatic back pressure shut-off nozzle.\n\n(c) This section does not apply to a fixed or floating drilling rig or other platform."], ["33:33:2.0.1.5.22.2.177.14", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.330 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on U.S. non-oceangoing ships.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]", "(a) No person may operate a U.S. non-oceangoing ship in the navigable waters of the United States, unless it has the capacity to retain on board all oily mixtures and is equipped to discharge these oily mixtures to a reception facility.\n\n(b) A U.S. non-oceangoing ship may retain all oily mixtures on board in the ship's bilges. An oil residue (sludge) tank is not required.\n\n(c) This section does not apply to a fixed or floating drilling rig or other platform."], ["33:33:2.0.1.5.22.2.177.15", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.350 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on oceangoing ships of less than 400 gross tons.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2004-18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009]", "(a) No person may operate an oceangoing ship of less than 400 gross tons, unless it either:\n\n(1) Has the capacity to retain on board all oily mixtures and is equipped to discharge these oily mixtures to a reception facility; or\n\n(2) Has approved oily-water separating equipment for processing oily mixtures from bilges or fuel oil tank ballast and discharges into the sea according to \u00a7 151.10 of this chapter.\n\n(3) For equipment installed after 2004 to be approved under paragraph (a)(2) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(3)(i) and (a)(3)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.\n\n(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(3) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.\n\n(ii) Any ship, other than a ship described in paragraph (a)(3)(i) of this section, must comply with the requirements of paragraph (a)(3) of this section by the date of the ship's first drydock after October 13, 2009.\n\n(b) An oceangoing ship of less than 400 gross tons may retain all oily mixtures on board in the ship's bilges. An oil residue (sludge) tank is not required.\n\n(c) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.\n\n(d) This section does not apply to a fixed or floating drilling rig or other platform."], ["33:33:2.0.1.5.22.2.177.16", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.360 Oily mixture (bilge slops) discharges on oceangoing ships of 400 gross tons and above but less than 10,000 gross tons, excluding ships that carry ballast water in their fuel oil tanks.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2004-18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009; USCG-2010-0194, 80 FR 5934, Feb. 4, 2015]", "(a)(1) Except as provided in paragraph (a)(3) of this section, no person may operate an oceangoing ship of 400 gross tons and above but less than 10,000 gross tons, excluding a ship that carries ballast water in its fuel oil tanks, unless it is fitted with approved 15 parts per million (ppm) oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.\n\n(2) For equipment installed after 2004 to be approved under paragraph (a)(1) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(2)(i) and (a)(2)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.\n\n(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(2) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.\n\n(ii) Any ship, other than a ship described in paragraph (a)(2)(i) of this section, must comply with the requirements of paragraph (a)(2) of this section by the date of the ship's first drydock after October 13, 2009.\n\n(3) Any ship certified under the International Code of Safety for High-Speed Craft engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships need not be provided with oil filtering equipment. These ships must be fitted with an oily bilge water holding tank having a volume adequate for the total retention onboard of the oily bilge water. All oily bilge water must be retained onboard for subsequent discharge to reception facilities.\n\n(b) No person may operate a ship under this section unless it is fitted with an oil residue (sludge) tank or tanks of adequate capacity to receive the oil residue that cannot be dealt with otherwise.\n\n(1) In new ships such tanks shall be designed and constructed to facilitate cleaning and the discharge of the oily residues to reception facilities. Existing ships shall comply with this requirement as far as reasonable and practicable.\n\n(2) Tanks used for oily mixtures on ships certificated under 46 CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation between oil and bilge systems.\n\n(3) Ships subject to this section must\u2014\n\n(i) Be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and\n\n(ii) Have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.\n\n(c) No person may operate a ship unless it is equipped with a pipeline to discharge oily mixtures to a reception facility.\n\n(d) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.\n\n(e) This section does not apply to a fixed or floating drilling rig or other platform, except as specified in \u00a7 155.400(a)(2)."], ["33:33:2.0.1.5.22.2.177.17", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.370 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and above and oceangoing ships of 400 gross tons and above that carry ballast water in their fuel oil tanks.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, July 12, 2006; USCG-2004-18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009; USCG-2010-0194, 80 FR 5934, Feb. 4, 2015]", "(a) Except as provided in paragraph (a)(5) of this section, no person may operate an oceangoing ship of 10,000 gross tons and above, or any oceangoing ship of 400 gross tons and above, that carries ballast water in its fuel oil tanks, unless it has\u2014\n\n(1) Approved 15 ppm oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast;\n\n(2) A bilge alarm; and\n\n(3) A means for automatically stopping any discharge of oily mixture when the oil content in the effluent exceeds 15 ppm.\n\n(4) For equipment installed after 2004 to be approved under paragraph (a) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(4)(i) and (a)(4)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.\n\n(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(4) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.\n\n(ii) Any ship, other than a ship described in paragraph (a)(4)(i) of this section, must comply with the requirements of paragraph (4) of this section by the date of the ship's first drydock after October 13, 2009.\n\n(5) Any ship certified under the International Code of Safety for High-Speed Craft engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships need not be provided with oil filtering equipment. These ships must be fitted with an oily bilge water holding tank having a volume adequate for the total retention onboard of the oily bilge water. All oily bilge water must be retained onboard for subsequent discharge to reception facilities.\n\n(b) No person may operate a ship under this section unless it is fitted with an oil residue (sludge) tank or tanks of adequate capacity to receive the oil residue that cannot be dealt with otherwise.\n\n(1) In new ships such tanks shall be designed and constructed to facilitate cleaning and the discharge of the oil residue to reception facilities. Existing ships shall comply with this requirement as far as reasonable and practicable.\n\n(2) Tanks used for oily mixtures on ships certificated under 46 CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation between oil and bilge systems.\n\n(3) Ships subject to this section must\u2014\n\n(i) Be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and\n\n(ii) Have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.\n\n(c) No person may operate a ship under this section unless it is equipped with a pipeline to discharge oily mixtures to a reception facility.\n\n(d) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.\n\n(e) This section does not apply to a fixed or floating drilling rig or other platform, except as specified in \u00a7 155.400(a)(2)."], ["33:33:2.0.1.5.22.2.177.18", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.380 Oily water separating equipment and bilge alarm approval standards.", "USCG", "", "", "[USCG-2004-18939, 74 FR 3377, Jan. 16, 2009]", "(a) On U.S. inspected ships, oily water separating equipment and bilge alarms must be approved under 46 CFR 162.050.\n\n(b) On U.S. uninspected ships and foreign ships, oily water separating equipment and bilge alarms must be approved under either 46 CFR 162.050 or MARPOL 73/78 Annex I.\n\nA copy of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78) may be purchased from the International Maritime Organization, Publications Section, 4 Albert Embankment, London SE1 75R, United Kingdom, Telex 23588; see also  http://www.imo.org.\n\n(c) A ship that is required to have a bilge alarm may defer installment and use a previously installed bilge monitor provided the bilge monitor met Coast Guard approval requirements at the time of its installation and it does not allow more than a 15 ppm oil content in water discharge.\n\n(d) The accuracy of the bilge alarms must be checked at IOPP Certificate renewal surveys according to the manufacturer's instructions. Alternatively, the unit may be replaced by a calibrated bilge alarm. The calibration certificate for the bilge alarm, which certifies the date of the last calibration check, should be retained onboard for inspection purposes. The accuracy checks can only be done by the manufacturer or persons authorized by the manufacturer.\n\n(e) Ship staff training must include familiarization in the operation and maintenance of the equipment.\n\n(f) The routine maintenance of the oily water separating equipment and the bilge alarm must be clearly defined by the manufacturer in the associated operating and maintenance manuals. All routine and repair maintenance must be recorded."], ["33:33:2.0.1.5.22.2.177.19", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.400 Platform machinery space drainage on oceangoing fixed and floating drilling rigs and other platforms.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; CGD 94-056, 60 FR 43378, Aug. 21, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) No person may operate an oceangoing fixed or floating drilling rig or other platform unless it either\u2014\n\n(1) Complies with the oily-water separating equipment requirements of a valid National Pollutant Discharge Elimination System (NPDES) permit issued in accordance with section 402 of the Clean Water Act and 40 CFR Chapter I;\n\n(2) Complies with the oily-water separating equipment requirements for oceangoing ships of 400 gross tons and above as set forth in either \u00a7 155.360 or \u00a7 155.370; or\n\n(3) Is not equipped with an installed bilge pumping system for discharge of oily mixtures from platform machinery spaces into the sea and has the capacity to retain on board all of these oily mixtures and is equipped to discharge these mixtures for transport to a reception facility.\n\n(b) When an oceangoing fixed or floating drilling rig or other platform is in a special area, is not proceeding en route, or is within 12 nautical miles of the nearest land; it must either\u2014\n\n(1) Have the capacity to retain on board all machinery space oily mixtures from platform machinery space drainage and be equipped to discharge these mixtures for transport to a reception facility; or\n\n(2) Discharge in accordance with \u00a7 151.10 (b)(3), (b)(4), and (b)(5) of this chapter, provided the drilling rig or platform is not within a special area.\n\n(c) Paragraph (b) of this section does not apply to a fixed or floating drilling rig or other platform that is operating under an NPDES permit."], ["33:33:2.0.1.5.22.2.177.2", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.205 Discharge removal equipment for vessels 400 feet or greater in length.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) Oil tankers and offshore oil barges with an overall length of 400 feet or more must carry appropriate equipment and supplies for the containment and removal of on-deck oil cargo spills of at least 12 barrels.\n\n(b) The equipment and supplies must include\u2014\n\n(1) Sorbents;\n\n(2) Non-sparking hand scoops, shovels, and buckets;\n\n(3) Containers suitable for holding recovered waste;\n\n(4) Emulsifiers for deck cleaning;\n\n(5) Protective clothing;\n\n(6) A minimum of one non-sparking portable pump with hoses; and\n\n(7) Scupper plugs.\n\n(c) During cargo transfer operations, the equipment and supplies must remain ready for immediate use."], ["33:33:2.0.1.5.22.2.177.20", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.410 Pumping, piping and discharge requirements for non-oceangoing ships of 100 gross tons and above.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]", "(a) No person may operate a non-oceangoing ship of 100 gross tons and above that is fitted with main or auxiliary machinery spaces in the navigable waters of the United States unless:\n\n(1) The ship has at least one pump installed to discharge oily mixtures through a fixed piping system to a reception facility;\n\n(2) The piping system required by this section has at least one outlet that is accessible from the weather deck;\n\n(3) Each outlet required by this section has a shore connection that is compatible with reception facilities in the ship's area of operation; and\n\n(4) The ship has a stop valve for each outlet required by this section.\n\n(b) Paragraph (a) of this section does not apply to a ship that has approved oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.\n\n(c) This section does not apply to a fixed or floating drilling rig or other platform."], ["33:33:2.0.1.5.22.2.177.21", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.420 Pumping, piping and discharge requirements for oceangoing ships of 100 gross tons and above but less than 400 gross tons.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]", "(a) No person may operate an oceangoing ship of 100 gross tons and above but less than 400 gross tons that is fitted with main or auxiliary machinery spaces unless:\n\n(1) The ship has at least one pump installed to discharge oily mixtures through a fixed piping system to a reception facility;\n\n(2) The piping system required by this section has at least one outlet accessible from the weather deck;\n\n(3) For a ship on an international voyage, the outlet required by this section has a shore connection that meets the specifications in \u00a7 155.430, or the ship has at least one adapter that meets the specifications in \u00a7 155.430 and fits the required outlets;\n\n(4) For a ship not on an international voyage, the outlet required by this section has a shore connection that is compatible with reception facilities in the ship's area of operation;\n\n(5) The ship has a means on the weather deck near the discharge outlet to stop each pump that is used to discharge oily mixtures; and\n\n(6) The ship has a stop valve installed for each outlet required by this section.\n\n(b) Paragraph (a) of this section does not apply to a ship that has approved oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.\n\n(c) This section does not apply to a fixed or floating drilling rig or other platform."], ["33:33:2.0.1.5.22.2.177.22", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.430 Standard discharge connections for oceangoing ships of 400 gross tons and above.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]", "(a) All oceangoing ships of 400 gross tons and above must have a standard shore connection for reception facilities to discharge oily mixtures from machinery space bilges or ballast water containing an oily mixture from fuel oil tanks. The discharge connection must have the following dimensions:\n\n(1) Outside diameter = 215 millimeters (mm).\n\n(2) Inner diameter = according to pipe outside diameter.\n\n(3) Bolt circle diameter = 183 mm.\n\n(4) Slots in flange = 6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 22 mm.\n\n(5) Flange thickness = 20 mm.\n\n(6) Bolts and nuts, quantity and number = 6 each of 20 mm in diameter and of suitable length.\n\n(b) A portable adapter that meets the specifications of paragraph (a) of this section and that fits the discharge shore connection, for the discharge of oily wastes from machinery space bilges may be substituted for the standard discharge connection requirement of paragraph (a) of this section.\n\n(c) The flange must be designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oilproof material, must be suitable for a service pressure of 6 kilograms/square centimeters (kg/cm\n 2 )."], ["33:33:2.0.1.5.22.2.177.23", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.440 Segregation of fuel oil and ballast water on new oceangoing ships of 4,000 gross tons and above, other than oil tankers, and on new oceangoing oil tankers of 150 gross tons and above.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2006-25150, 71 FR 39210, July 12, 2006]", "(a) Except as provided for in paragraph (b) of this section, in new oceangoing ships of 4,000 gross tons and above other than oil tankers, and in new oceangoing oil tankers of 150 gross tons and above, ballast water must not be carried in any fuel oil tank.\n\n(b) Where abnormal conditions or the need to carry large quantities of fuel oil render it necessary to carry ballast water that is not a clean ballast in any fuel oil tank, that ballast water must be discharged to reception facilities or into the sea in compliance with part 151 of this chapter using the equipment specified in \u00a7 155.370, and an entry shall be made in the Oil Record Book to this effect."], ["33:33:2.0.1.5.22.2.177.24", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.450 Placard.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 93-054, 58 FR 62262, Nov. 26, 1993]", "(a) A ship, except a ship of less than 26 feet in length, must have a placard of at least 5 by 8 inches, made of durable material fixed in a conspicuous place in each machinery space, or at the bilge and ballast pump control station, stating the following:\n\nDischarge of Oil Prohibited\n \n The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions including fines and imprisonment.\n\nThe Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions including fines and imprisonment.\n\n(b) Existing stocks of placards may be used for the life of the placard.\n\n(c) The placard required by paragraph (a) or (b) of this section must be printed in the language or languages understood by the crew."], ["33:33:2.0.1.5.22.2.177.25", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.470 Prohibited spaces.", "USCG", "", "", "[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990]", "(a) In a ship of 400 gross tons and above, for which the building contract is placed after January 1, 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after July 1, 1982, oil or hazardous material must not be carried in a forepeak tank or a tank forward of the collision bulkhead.\n\n(b) A self-propelled ship of 300 gross tons and above, to which paragraph (a) of this section does not apply, may not carry bulk oil or hazardous material in any space forward of a collision bulkhead except:\n\n(1) For a ship constructed after June 30, 1974, fuel oil for use on the ship may be carried in tanks forward of a collision bulkhead, if such tanks are at least 24 inches inboard of the hull structure; or\n\n(2) For a ship constructed before July 1, 1974, fuel oil for use on the ship may be carried in tanks forward of a collision bulkhead, if such tanks were designated, installed, or constructed for fuel oil carriage before July 1, 1974."], ["33:33:2.0.1.5.22.2.177.26", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.480 Overfill devices.", "USCG", "", "", "[CGD 90-071a, 59 FR 53290, Oct. 21, 1994, as amended by CGD 90-071a, 62 FR 48773, Sept. 17, 1997; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2016-0498, 82 FR 35082, July 28, 2017]", "(a) For the purposes of this section, \u201coil\u201d has the same definition as provided in \u00a7 151.05 of this chapter.\n\n(b) Each tank vessel with a cargo capacity of 1,000 or more cubic meters (approximately 6,290 barrels), loading oil or oil residue as cargo, must have one overfill device that is permanently installed on each cargo tank and meets the requirements of this section.\n\n(1) On a tankship, each cargo tank must be equipped with an overfill device (including an independent audible alarm or visible indicator for that tank) that meets the requirements for tank overfill alarms under 46 CFR 39.20-7(b)(2) and (3), and (d)(1) through (d)(4).\n\n(2) On a tank barge, each cargo tank must be equipped with an overfill device that\u2014\n\n(i) Meets the requirements of 46 CFR 39.2007(b)(2) through (b)(4), (d)(1) through (d)(4), and 46 CFR 39.2009(a)(1) ;\n\n(ii) Is an installed automatic shutdown system that meets the requirements of 46 CFR 39.2009(a)(2); or\n\n(iii) Is an installed high-level indicating device that meets the requirements of 46 CFR 39.2003(b)(1), (2), and (3).\n\n(c) Each cargo tank of a U.S. flag tank vessel must have installed on it an overfill device meeting the requirements of this section at the next scheduled cargo tank internal examination performed on the vessel under 46 CFR 31.10-21.\n\n(d) Each cargo tank of a foreign flag tank vessel must have installed on it an overfill device\u2014\n\n(1) At the first survey that includes dry docking, as required by the vessel's flag administration, to meet the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, or the International Load Line Convention of 1966; or\n\n(2) At the first cargo tank internal examination performed on the tank vessel under 46 CFR 31.10-21.\n\n(e) This section does not apply to a tank vessel that does not meet the double hull requirements of \u00a7 157.10d of this chapter and, under 46 U.S.C. 3703a(c), may not operate in the navigable waters or Exclusive Economic Zone of the United States after January 1, 2000.\n\n(f) This section does not apply to tank vessels that carry asphalt, animal fat, or vegetable oil as their only cargo."], ["33:33:2.0.1.5.22.2.177.27", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.490 [Reserved]", "USCG", "", "", "", ""], ["33:33:2.0.1.5.22.2.177.3", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.210 Discharge removal equipment for vessels less than 400 feet in length.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) Oil tankers and offshore oil barges with an overall length of less than 400 feet must carry appropriate equipment and supplies for the containment and removal of on-deck oil spills of at least 7 barrels.\n\n(b) The equipment and supplies must include\u2014\n\n(1) Sorbents;\n\n(2) Non-sparking hand scoops, shovels, and buckets;\n\n(3) Containers suitable for holding recovered waste;\n\n(4) Emulsifiers for deck cleaning;\n\n(5) Protective clothing;\n\n(6) A minimum of one non-sparking portable pump with hoses; and\n\n(7) Scupper plugs.\n\n(c) During cargo transfer operations, the equipment and supplies must remain ready for immediate use."], ["33:33:2.0.1.5.22.2.177.4", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.215 Discharge removal equipment for inland oil barges.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) During cargo transfer operations, inland oil barges must have appropriate equipment and supplies ready for immediate use to control and remove on-deck oil cargo spills of at least one barrel.\n\n(b) The equipment and supplies must include\u2014\n\n(1) Sorbents;\n\n(2) Non-sparking hand scoops, shovels, and buckets;\n\n(3) Containers suitable for holding recovered waste;\n\n(4) Emulsifiers for deck cleaning; and\n\n(5) Protective clothing.\n\n(c) The oil barge owner or operator may rely on equipment available at the transfer facility receiving from or discharging to the barge, provided the barge owner or operator has prearranged for the use of the equipment by contract or other means approved by the Coast Guard."], ["33:33:2.0.1.5.22.2.177.5", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.220 Discharge removal equipment for vessels carrying oil as secondary cargo.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) Vessels carrying oil as secondary cargo must carry appropriate equipment and supplies for the containment and removal of on-deck oil cargo spills of at least one-half barrel.\n\n(b) The equipment and supplies must include\u2014\n\n(1) Sorbents;\n\n(2) Non-sparking hand scoops, shovels, and buckets;\n\n(3) Containers suitable for holding recovered waste;\n\n(4) Emulsifiers for deck cleaning; and\n\n(5) Protective clothing\n\n(c) The equipment and supplies must be ready for immediate use during cargo transfer operations."], ["33:33:2.0.1.5.22.2.177.6", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.225 Internal cargo transfer capability.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "Oil tankers and offshore oil barges must carry suitable hoses and reducers for internal transfer of cargo to tanks or other spaces within the cargo block, unless the vessel's installed cargo piping system is capable of performing this function."], ["33:33:2.0.1.5.22.2.177.7", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.230 Emergency control systems for tank barges.", "USCG", "", "", "[USCG-1998-4443, 65 FR 31811, May 19, 2000, as amended by USCG-2001-8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG-2014-0410, 79 FR 38436, July 7, 2014]", "(a)  Application.  This section does not apply to foreign vessels engaged in innocent passage (that is, neither entering nor leaving a U.S. port); it applies to tank barges and vessels towing them on the following waters:\n\n(1) On the territorial sea of the U.S. [as defined in Presidential Proclamation 5928 of December 27, 1988, it is the belt of waters 12 nautical miles wide with its shoreward boundary the baseline of the territorial sea], unless\u2014\n\n(i) The barge is being pushed ahead of, or towed alongside, the towing vessel; and\n\n(ii) The barge's coastwise route is restricted, on its certificate of inspection (COI), so the barge may operate \u201cin fair weather only, within 20 miles of shore,\u201d or with words to that effect. The Officer in Charge, Marine Inspection, may define \u201cfair weather\u201d on the COI.\n\n(2) In Great Lakes service unless\u2014\n\n(i) The barge is being pushed ahead of, or towed alongside, the towing vessel; and\n\n(ii) The barge's route is restricted, on its certificate of inspection (COI), so the barge may operate \u201cin fair weather only, within 5 miles of a harbor,\u201d or with words to that effect. The Officer in Charge, Marine Inspection, may define \u201cfair weather\u201d on the COI.\n\n(3) On Long Island Sound. For the purposes of this section, Long Island Sound comprises the waters between the baseline of the territorial sea on the eastern end (from Watch Hill Point, Rhode Island, to Montauk Point, Long Island) and a line drawn north and south from Premium Point, New York (about 40\u00b054.5\u2032 N, 73\u00b045.5\u2032 W), to Hewlett Point, Long Island (about 40\u00b050.5\u2032 N, 73\u00b045.3\u2032 W), on the western end.\n\n(4) In the Strait of Juan de Fuca.\n\n(5) On the waters of Admiralty Inlet north of Marrowstone Point (approximately 48\u00b006\u2032 N, 122\u00b041\u2032 W).\n\n(b)  Safety program.  If you are the owner or operator of a single-hull tank barge or of a vessel towing it, you must adequately man and equip either the barge or the vessel towing it so the crew can arrest the barge by employing  Measure 1,  described in paragraph (b)(1) of this section. Moreover, the crew must be able to arrest or retrieve the barge by employing either  Measure 2  or  Measure 3,  described in paragraphs (b)(2) and (3) of this section, respectively. If you are the owner or operator of a double-hull tank barge, you must adequately equip it and train its crew or, if it is unmanned, train the crew of the vessel towing it, so the crew can retrieve the barge by employing  Measure 2  described in paragraph (b)(2) of this section.\n\n(1)  Measure 1.  Each single-hull tank barge, whether manned or unmanned, must be equipped with an operable anchoring system that conforms to 46 CFR 32.15-15; except that, for barges operating only on the West Coast of the U.S., a system comprising heavy surge gear and bridle legs may serve instead of the anchoring system. Because these systems will also serve as emergency control systems, the owner or operator must ensure that they meet the following criteria:\n\n(i)  Operation and performance.  When the barge is underway\u2014\n\n(A) The system is ready for immediate use;\n\n(B) No more than two crewmembers are needed to operate the system and anchor the barge or arrest its movement;\n\n(C) While preparing to anchor the barge or arrest its movement, the operator of the system should confer with the master or mate of the towing vessel regarding appropriate length of cable or chain to use; and\n\n(D) Each operator of the system should wear a safety belt or harness secured by a lanyard to a lifeline, drop line, or fixed structure such as a welded padeye, if the sea or the weather warrants this precaution. Each safety belt, harness, lanyard, lifeline, and drop line must meet the specifications of ANSI A10.14 (incorporated by reference, see \u00a7 155.140).\n\n(ii)  Maintenance and inspections.  The owner or operator of the system shall inspect it annually. The inspection must verify that the system is ready for immediate use, and must include a visual inspection of the equipment that comprises the system in accordance with the manufacturer's recommendations. The inspection must also verify that the system is being maintained in accordance with the manufacturer's recommendations. The inspection need not include actual demonstration of the operation of the equipment or system.\n\n(iii)  Training.  On each manned barge, every crewmember must be thoroughly familiar with the operation of the system. On each vessel towing an unmanned barge, every deck crewmember must be thoroughly familiar with the operation of the system installed on the barge. If during the last 12 months the system was not used to anchor or arrest the movement of the barge, then a drill on the use of the system must be conducted within the next month. The drill need not involve actual deployment of the system. However, it must allow every participant to demonstrate the competencies (that is, the knowledge, skills, and abilities) needed to ensure that everyone assigned a duty in anchoring or arresting the movement of the barge is ready to do his or her duty.\n\n(2)  Measure 2.  If you are the owner or operator of a tank barge or a vessel towing it and this section applies to you by virtue of paragraph (a) of this section, you must have installed an emergency retrieval system or some other measure acceptable to the Coast Guard, as provided in paragraph (b)(3) of this section. Any such system must meet the following criteria:\n\n(i)  Design.  The system must use an emergency towline with  at least  the same pulling strength as required of the primary towline. The emergency towline must be readily available on either the barge or the vessel towing it. The towing vessel must have on board equipment to regain control of the barge and continue towing (using the emergency towline), without having to place personnel on board the barge.\n\n(ii)  Operation and performance.  The system must use a stowage arrangement that ensures the readiness of the emergency towline and the availability of all retrieval equipment for immediate use in an emergency whenever the barge is being towed astern.\n\n(iii)  Maintenance and inspection.  The owner or operator of the system shall inspect it annually. The inspection must verify that the emergency retrieval system is ready for immediate use, and must include a visual inspection of the equipment that comprises the system in accordance with the manufacturer's recommendations. The inspection must also verify that the system is being maintained in accordance with the manufacturer's recommendations. The inspection need not include actual demonstration of the operation of the equipment or system. Details concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are available online at  http://www.uscg.mil/hq/g-m/nvic/index.htm.\n\n(iv)  Training.  Barge-retrieval drills must take place annually, and not more than one month after a master or mate responsible for supervising barge retrieval begins employment on a vessel that tows tank barges.\n\n(A) Each drill must allow every participant to demonstrate the competencies (that is, the knowledge, skills, and abilities) needed to ensure that everyone assigned a duty in barge retrieval is ready to do his or her part to regain control of a drifting barge.\n\n(B) If the drill includes actual operation of a retrieval system, it must be conducted under the supervision of the master or mate responsible for retrieval, and preferably in open waters free from navigational hazards so as to minimize risk to personnel and the environment.\n\n(3)  Measure 3.  If you are the owner or operator of a tank barge or a vessel towing it and this section applies to you by virtue of paragraph (a) of this section, you may use an alternative measure or system fit for retrieving a barge or arresting its movement as a substitute for Measure 2, described in paragraph (b)(2) of this section. Before you use such a measure or system, however, it must receive the approval of the Commandant (CG-ENG). It will receive this approval if it provides protection against grounding of the tank vessel comparable to that provided by one of the other two measures described in this section."], ["33:33:2.0.1.5.22.2.177.8", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.235 Emergency towing capability for oil tankers.", "USCG", "", "", "[USCG-2001-8661, 74 FR 45026, Aug. 31, 2009]", "An emergency towing arrangement shall be fitted at both ends on board all oil tankers of not less than 20,000 deadweight tons (dwt), constructed on or after September 30, 1997. For oil tankers constructed before September 30, 1997, such an arrangement shall be fitted at the first scheduled dry-docking, but not later than January 1, 1999. The design and construction of the towing arrangement shall be in accordance with IMO resolution MSC.35(63) (incorporated by reference; see \u00a7 155.140)."], ["33:33:2.0.1.5.22.2.177.9", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "B", "Subpart B\u2014Vessel Equipment", "", "\u00a7 155.240 Damage stability information for oil tankers and offshore oil barges.", "USCG", "", "", "[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]", "(a) Owners or operators of oil tankers and offshore oil barges shall ensure that their vessels have prearranged, prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.\n\n(b) Vessel baseline strength and stability characteristics must be pre-entered into such programs and be consistent with the vessel's existing configuration.\n\n(c) Access to the shore-based calculation program must be available 24 hours a day.\n\n(d) At a minimum, the program must facilitate calculation of the following:\n\n(1) Residual hull girder strength based on the reported extent of damage.\n\n(2) Residual stability when the vessel's compartments are breached.\n\n(3) The most favorable off-loading, ballasting, or cargo transfer sequences to improve residual stability, reduce hull girder stresses, and reduce ground-force reaction.\n\n(4) The bending and shear stresses caused by pinnacle loads from grounding or stranding."], ["33:33:2.0.1.5.22.3.177.1", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.700 Designation of person in charge.", "USCG", "", "", "[CGD 79-116, 62 FR 25126, May 8, 1997]", "Each operator or agent of a vessel with a capacity of 250 or more barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 CFR part 154, or each person who arranges for and hires a person to be in charge of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall designate, either by name or by position in the crew, the person in charge (PIC) of each transfer to or from the vessel and of each tank-cleaning."], ["33:33:2.0.1.5.22.3.177.10", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.775 Maximum cargo level of oil.", "USCG", "", "", "[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]", "(a) For the purposes of this section, \u201coil\u201d has the same meaning as provided in \u00a7 151.05 of this chapter.\n\n(b) A cargo tank on a tank vessel may not be filled with oil higher than\u2014\n\n(1) 98.5 percent of the cargo tank volume; or\n\n(2) The level at which the overfill alarm required by \u00a7 155.480 is set."], ["33:33:2.0.1.5.22.3.177.11", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.780 Emergency shutdown.", "USCG", "", "", "[CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "(a) A tank vessel with a capacity of 250 or more barrels that is carrying oil or hazardous material as cargo must have on board an emergency means to enable the person in charge of a transfer operation to a facility, to another vessel, or within the vessel to stop the flow of oil or hazardous material.\n\n(b) The means to stop the flow may be a pump control, a quick-acting, power actuated valve, or an operating procedure. If an emergency pump control is used, it must stop the flow of oil or hazardous material if the oil or hazardous material could siphon through the stopped pump.\n\n(c) The means to stop the flow must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the transfer operation."], ["33:33:2.0.1.5.22.3.177.12", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.785 Communications.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "(a) During vessel to vessel transfers, each tank vessel with a capacity of 250 or more barrels of cargo that is carrying oil or hazardous material must have a means that enables continuous two-way voice communication between the persons in charge of the transfer operations on both vessels.\n\n(b) Each vessel must have a means, which may be the communication system itself, that enables a person on board each vessel to effectively indicate his desire to use the means of communication required by paragraph (a) of this section.\n\n(c) The means required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all conditions of weather.\n\n(d) Portable radio devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be intrinsically safe, as defined in 46 CFR 110.15-100(i), and meet Class I, Division I, Group D requirements as defined in 46 CFR 111.80."], ["33:33:2.0.1.5.22.3.177.13", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.790 Deck lighting.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "(a) A self-propelled vessel with a capacity of 250 or more barrels of oil or hazardous material that is conducting transfer operations between sunset and sunrise must have deck lighting that adequately illuminates\u2014\n\n(1) Each transfer operations work area and each transfer connection point in use on the vessel; and\n\n(2) Each transfer operations work area and each transfer connection point in use on each barge, if any, moored to the vessel to or from which oil or hazardous material is being transferred;\n\n(b) Where the illumination is apparently inadequate the OCMI or COTP may require verification by instrument of the levels of illumination. On a horizontal plane 3 feet above the deck the illumination must measure at least:\n\n(1) 5.0 foot candles at transfer connection points; and\n\n(2) 1.0 foot candle in transfer operations work areas.\n\n(c) Lighting must be located or shielded so as not to mislead or otherwise interfere with navigation on the adjacent waterways."], ["33:33:2.0.1.5.22.3.177.14", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.800 Transfer hose.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "Hose used to transfer oil or hazardous material must meet the requirements of \u00a7 154.500 of this chapter."], ["33:33:2.0.1.5.22.3.177.15", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.805 Closure devices.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "(a) Each end of each transfer hose on board which is not connected for the transfer of oil or hazardous material must be blanked off with butterfly valves, wafer-type resilient seated valves, blank flanges, or other means acceptable to the COTP or OCMI.\n\n(b) New, unused hose is exempt from the requirement in paragraph (a) of this section."], ["33:33:2.0.1.5.22.3.177.16", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.810 Tank vessel security.", "USCG", "", "", "[USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]", "Operators of tank vessels carrying more oil cargo residue than normal in any cargo tank must assign a surveillance person or persons responsible for maintaining standard vessel security."], ["33:33:2.0.1.5.22.3.177.17", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.815 Tank vessel integrity.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]", "(a) Except as provided in paragraph (b) of this section, a tank vessel underway or at anchor must have all closure mechanisms on the following openings properly closed:\n\n(1) Expansion trunk hatches;\n\n(2) Ullage openings;\n\n(3) Sounding ports;\n\n(4) Tank cleaning openings; and\n\n(5) Any other tank vessel openings that maintain the seaworthy condition of the tank vessel and prevent the inadvertent release of oil or hazardous material in the event of a tank vessel accident.\n\n(b) No person may open any of the closure mechanisms in paragraph (a) of this section while the tank vessel is underway or at anchor except when authorized and supervised by a licensed or credentialed officer or the tankerman required by 46 CFR 31.15-5(a)."], ["33:33:2.0.1.5.22.3.177.18", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.820 Records.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "The vessel operator shall keep a written record available for inspection by the COTP or OCMI of:\n\n(a) The name of each person currently designated as a person in charge of transfer operations.\n\n(b) The date and result of the most recent test and inspection of each item tested or inspected as required by \u00a7 156.170 of this chapter;\n\n(c) The hose information required by \u00a7 154.500(e) and (g) of this chapter unless that information is marked on the hose; and\n\n(d) The Declaration of Inspection as required by \u00a7 156.150(f) of this chapter."], ["33:33:2.0.1.5.22.3.177.2", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.710 Qualifications of person in charge.", "USCG", "", "", "[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD 79-116, 61 FR 25126, May 8, 1997; CGD 79-116, 63 FR 35826, July 1, 1998; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2018-0493, 85 FR 31690, May 27, 2020]", "(a) On each tankship required to be documented under the laws of the United States, the operator or agent of the vessel, or the person who arranges and hires a person to be in charge either of a transfer of liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or her satisfaction that each person designated as a PIC\u2014\n\n(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged\u2014including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the Crude-Oil Washing (COW), inert-gas, and vapor-control systems\u2014to safely conduct a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning;\n\n(2) Except as provided in paragraph (g) of this section, holds a license or officer endorsement issued under 46 CFR part 10 authorizing service aboard a vessel certified for voyages beyond any Boundary Line described in 46 CFR part 7, except on tankships or self-propelled tank vessels not certified for voyages beyond the Boundary Line; and\n\n(3) Except as provided in paragraph (g) of this section and 46 CFR 13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR part 13 that authorizes the holder to supervise the transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product.\n\n(b) On each tank barge required to be inspected under 46 U.S.C. 3703, the operator or agent of the vessel, or the person who arranges and hires a person to be in charge of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall verify to his or her satisfaction that each PIC\u2014\n\n(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged\u2014including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the COW, inert-gas, and vapor-control systems\u2014to safely conduct either a transfer of liquid cargo in bulk or cargo-tank cleaning; and\n\n(2) Except as provided in paragraph (g) of this section and 46 CFR part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge) endorsement issued under 46 CFR part 13 that authorizes the holder to supervise the transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product and vessel.\n\n(c) On each foreign tankship, the operator or agent of the vessel shall verify to his or her satisfaction that each PIC either of a transfer of liquid cargo in bulk or of cargo-tank cleaning\u2014\n\n(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged, including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the systems for crude-oil washing, inert gas, and vapor control, to safely conduct either a transfer of liquid cargo in bulk or cargo-tank cleaning;\n\n(2) Except as provided in paragraph (g) of this section, holds a license or other document issued by the flag state or its authorized agent authorizing service as master, mate, pilot, engineer, or operator on that vessel;\n\n(3) Except as provided in paragraph (g) of this section, holds a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence acceptable to the Coast Guard, attesting the PIC's meeting the requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;\n\n(4) Is capable of reading, speaking, and understanding in English, or a language mutually-agreed-upon with the shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, except that the use of an interpreter meets this requirement if the interpreter\u2014\n\n(i) Fluently speaks the language spoken by each PIC;\n\n(ii) Is immediately available to the PIC on the tankship at all times during the transfer or cargo-tank cleaning; and\n\n(iii) Is knowledgeable about, and conversant with terminology of, ships, transfers, and cargo-tank cleaning; and\n\n(5) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank cleaning, with or without an interpreter.\n\n(d) On each foreign tank barge, the operator or agent of the vessel shall verify to his or her satisfaction that each PIC either of the transfer of liquid cargo in bulk or of cargo-tank cleaning\u2014\n\n(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged\u2014including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the COW, inert-gas, and vapor-control systems\u2014to safely conduct a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning;\n\n(2) Except as provided in paragraph (g) of this section, holds a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to STCW, or other form of evidence acceptable to the Coast Guard, attesting the PIC's meeting the requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;\n\n(3) Is capable of reading, speaking, and understanding in English, or a language mutually-agreed-upon with the shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, except that the use of an interpreter meets this requirement if the interpreter\u2014\n\n(i) Fluently speaks the language spoken by each PIC;\n\n(ii) Is immediately available to the PIC on the tankship at all times during the transfer or cargo-tank cleaning; and\n\n(iii) Is knowledgeable about, and conversant with terminology of, ships, transfers, and cargo-tank cleaning; and\n\n(4) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank cleaning, with or without an interpreter.\n\n(e) The operator or agent of each vessel to which this section applies must verify to his or her satisfaction that the PIC of any transfer of fuel oil requiring a Declaration of Inspection\u2014\n\n(1) On each inspected vessel required by 46 CFR chapter I to have an officer aboard, and on each uninspected vessel, either:\n\n(i) Holds a valid merchant mariner credential issued under 46 CFR chapter I, subchapter B, with an endorsement as master, mate, pilot, engineer, or operator aboard that vessel, or holds a valid merchant mariner credential endorsed as Tankerman-PIC; or\n\n(ii) Carries a letter satisfying the requirements of \u00a7 155.715 and designating him or her as a PIC, unless equivalent evidence is immediately available aboard the vessel or at his or her place of employment.\n\n(2) On each tank barge, for its own engine-driven pumps, either complies with paragraph (e)(1) of this section or has been instructed by the operator or agent of the vessel both in his or her duties and in the Federal statutes and regulations on water pollution that apply to the vessel; or\n\n(3) On each foreign vessel, holds a license or certificate issued by a flag state party to STCW, or other form of evidence acceptable to the Coast Guard, attesting the qualifications of the PIC to act as master, mate, pilot, operator, engineer, or tankerman aboard that vessel.\n\n(f) Except as provided in paragraph (g) of this section, the operator or agent of each self-propelled tank vessel carrying oil or hazardous material in bulk shall verify to his or her satisfaction that the PIC of the transfer of oil or hazardous material in bulk to or from a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement on his or her MMD or merchant mariner credential and either a license, officer endorsement, or a Certificate issued by a flag state party to STCW authorizing service as a master, mate, pilot, engineer, or operator aboard that vessel.\n\n(g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning facility or shipyard need not hold any of the merchant mariner credentials, licenses, documents, certificates, or endorsements required in paragraphs (a) through (f) of this section, if he or she is a National Fire Protection Association Certificated Marine Chemist."], ["33:33:2.0.1.5.22.3.177.3", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.715 Contents of letter of designation as a person-in-charge of the transfer of fuel oil.", "USCG", "", "", "[CGD 79-116, 63 FR 35826, July 1, 1998, as amended by USCG-2018-0493, 85 FR 31690, May 27, 2020]", "The letter referenced in \u00a7 155.710(e)(1) must designate the holder as a person-in-charge of the transfer of fuel oil and state that the holder has received sufficient formal instruction from the operator or agent of the vessel to ensure his or her ability to safely and adequately carry out the duties and responsibilities of the PIC described in 33 CFR 156.120 and 156.150."], ["33:33:2.0.1.5.22.3.177.4", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.720 Transfer procedures.", "USCG", "", "", "[CGD 86-034, 55 FR 36254, Sept. 4, 1990, as amended by CGD 79-116, 62 FR 25127, May 8, 1997]", "The operator of a vessel with a capacity of 250 or more barrels of oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 CFR part 154 shall provide transfer procedures that meet the requirements of this part and part 156 of this chapter for transferring\u2014\n\n(a) To or from the vessel; and\n\n(b) From tank to tank within the vessel."], ["33:33:2.0.1.5.22.3.177.5", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.730 Compliance with transfer procedures.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990]", "The vessel operator of each vessel required by \u00a7 155.720 to have transfer procedures shall maintain them current and shall require vessel personnel to use the transfer procedures for each transfer operation."], ["33:33:2.0.1.5.22.3.177.6", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.740 Availability of transfer procedures.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990]", "The transfer procedures required by \u00a7 155.720 must be:\n\n(a) Available for inspection by the COTP or OCMI whenever the vessel is in operation;\n\n(b) Legibly printed in a language or languages understood by personnel engaged in transfer operations; and\n\n(c) Permanently posted or available at a place where the procedures can be easily seen and used by members of the crew when engaged in transfer operations."], ["33:33:2.0.1.5.22.3.177.7", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.750 Contents of transfer procedures.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 25445, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 92-027, 58 FR 39662, July 26, 1993; CGD 90-071a, 59 FR 53291, Oct. 21, 1994; USCG-2006-25150, 71 FR 39210, July 12, 2006; USCG-1999-5150, 78 FR 42641, July 16, 2013]", "(a) The transfer procedures required by \u00a7 155.720 must contain, either in the order listed or by use of a cross-reference index page:\n\n(1) A list of each product transferred to or from the vessel, including the following information:\n\n(i) Generic or chemical name;\n\n(ii) Cargo information as described in \u00a7 154.310(a)(5)(ii) of this chapter; and\n\n(iii) Applicability of transfer procedures;\n\n(2) A description of each transfer system on the vessel including:\n\n(i) A line diagram of the vessel's transfer piping, including the location of each valve, pump, control device, vent, and overflow;\n\n(ii) The location of the shutoff valve or other isolation device that separates any bilge or ballast system from the transfer system; and\n\n(iii) A description of and procedures for emptying the discharge containment system required by \u00a7\u00a7 155.310 and 155.320;\n\n(3) The number of persons required to be on duty during transfer operations;\n\n(4) The duties by title of each officer, person in charge, tankerman, deckhand, and any other person required for each transfer operation;\n\n(5) Procedures and duty assignments for tending the vessel's moorings during the transfer of oil or hazardous material;\n\n(6) Procedures for operating the emergency shutdown and communications means required by \u00a7\u00a7 155.780 and 155.785, respectively;\n\n(7) Procedures for topping off tanks;\n\n(8) Procedures for ensuring that all valves used during the transfer operations are closed upon completion of transfer;\n\n(9) Procedures for reporting discharges of oil or hazardous material into the water; and\n\n(10) Procedures for closing and opening the vessel openings in \u00a7 155.815.\n\n(11) Statements explaining that each hazardous materials transfer hose is marked with either the name of each product which may be transferred through the hose or with letters, numbers or other symbols representing all such products and the location in the transfer procedures where a chart or list of the symbols used and a list of the compatible products which may be transferred through the hose can be found for consultation before each transfer.\n\n(b) Exemptions or alternatives granted must be placed in the front of the transfer procedures.\n\n(c) The vessel operator shall incorporate each amendment to the transfer procedures under \u00a7 155.760 in the procedures with the related existing requirement, or at the end of the procedures if not related to an existing requirement.\n\n(d) If a vessel is fitted with a vapor control system, the transfer procedures must contain a description of the vapor collection system on the vessel which includes:\n\n(1) A line diagram of the vessel's vapor collection system piping, including the location of each valve, control device, pressure-vacuum relief valve, pressure indicator, flame arresters, and detonation arresters, if fitted;\n\n(2) The location of spill valves and rupture disks, if fitted;\n\n(3) The maximum allowable transfer rate determined in accordance with 46 CFR 39.3001(d)(1) through (3);\n\n(4) The initial transfer rate for each tank that complies with 46 CFR 39.3001(g);\n\n(5) A table or graph of transfer rates and corresponding vapor collection system pressure drops calculated in accordance with 46 CFR 39.3001(c);\n\n(6) The relief settings of each spill valve, rupture disk, and pressure-vacuum relief valve; and\n\n(7) A description of and procedures for operating the vapor collection system, including the:\n\n(i) Pre-transfer equipment inspection requirements;\n\n(ii) Vapor line connection;\n\n(iii) Closed gauging system;\n\n(iv) High level alarm system, if fitted; and\n\n(v) Independent automatic shutdown system, if fitted.\n\n(e) If a cargo tank of a tank vessel is fitted with an overfill device, the transfer procedures must contain a description of the overfill device, including:\n\n(1) The tank overfill device system and specific procedures for the person in charge to\u2014\n\n(i) Monitor the level of cargo in the tank; and\n\n(ii) Shut down transfer operations in time to ensure that the cargo level in each tank does not exceed the maximum amount permitted by \u00a7 155.775(b).\n\n(2) Pre-transfer overfill device equipment inspection and test requirements."], ["33:33:2.0.1.5.22.3.177.8", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.760 Amendment of transfer procedures.", "USCG", "", "", "[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "(a) The COTP or OCMI may require the vessel operator of any vessel that is required to have transfer procedures under \u00a7 155.720 to amend those procedures if the COTP or OCMI finds that the transfer procedures do not meet the requirements of this part.\n\n(b) The COTP or OCMI shall notify the vessel operator in writing of any inadequacies in the oil transfer procedures. The vessel operator may submit written information, views, and arguments on and proposals for amending the procedures within 14 days from the date of the COTP or OCMI notice. After considering all relevant material presented, the COTP or OCMI shall notify the vessel operator of any amendment required or adopted, or the COTP or OCMI may rescind the notice. The amendment becomes effective 30 days after the vessel operator receives the notice, unless the vessel operator petitions the Commandant to review the COTP or OCMI notice, in which case its effective date is delayed pending a decision by the Commandant. Petitions to the Commandant must be submitted in writing via the COTP or OCMI who issued the requirement to amend.\n\n(c) If the COTP or OCMI finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge that makes the procedure in paragraph (b) of this section impractical or contrary to the public interest, he or she may issue an amendment effective on the date the vessel operator receives notice of it. In such a case, the COTP or OCMI includes a brief statement of the reasons for the findings in the notice, and the vessel operator may petition the Commandant, in any manner, to review the amendment. The petition does not postpone the amendment."], ["33:33:2.0.1.5.22.3.177.9", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "C", "Subpart C\u2014Transfer Personnel, Procedures, Equipment, and Records", "", "\u00a7 155.770 Draining into bilges.", "USCG", "", "", "[CGD 86-034, 55 FR 36255, Sept. 4, 1990]", "No person may intentionally drain oil or hazardous material from any source into the bilge of a vessel."], ["33:33:2.0.1.5.22.4.177.1", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1010 Purpose.", "USCG", "", "", "", "The purpose of this subpart is to establish requirements for oil spill response plans for certain vessels. The planning criteria in this subpart are intended for use in response plan development and the identification of resources necessary to respond to the oil spill scenarios prescribed during the planning process. The development of a response plan prepares the vessel owner or operator and the vessel's crew to respond to an oil spill. The specific criteria for response resources and their arrival times are not performance standards. They are planning criteria based on a set of assumptions that may not exist during an actual oil spill incident."], ["33:33:2.0.1.5.22.4.177.10", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1050 Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo.", "USCG", "", "", "[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-1998-3417, 73 FR 80649, Dec. 31, 2008; USCG-2001-8661, 74 FR 45028, Aug. 31, 2009; USCG-2018-0874, 84 FR 30880, June 28, 2019; USCG-2023-1759, 89 FR 22947, Apr. 3, 2024]", "(a) The following criteria must be used to evaluate the operability of response resources identified in the response plan for the specified operating environment:\n\n(1) Table 1 of appendix B of this part.\n\n(i) The criteria in table 1 of appendix B of this part are to be used solely for identification of appropriate equipment in a response plan.\n\n(ii) These criteria reflect conditions used for planning purposes to select mechanical response equipment and are not conditions that would limit response actions or affect normal vessel operations.\n\n(2) Limitations that are identified in the Area Contingency Plans for the COTP zones in which the vessel operates, including\u2014\n\n(i) Ice conditions;\n\n(ii) Debris;\n\n(iii) Temperature ranges; and\n\n(iv) Weather-related visibility.\n\n(b) The COTP may reclassify a specific body of water or location within the COTP zone. Any reclassifications will be identified in the applicable Area Contingency Plan. Reclassifications may be to\u2014\n\n(1) A more stringent operating environment if the prevailing wave conditions exceed the significant wave height criteria during more than 35 percent of the year; or\n\n(2) A less stringent operating environment if the prevailing wave conditions do not exceed the significant wave height criteria for the less stringent operating environment during more than 35 percent of the year.\n\n(c) Response equipment must\u2014\n\n(1) Meet or exceed the criteria listed in table 1 of appendix B of this part;\n\n(2) Be capable of functioning in the applicable operating environment; and\n\n(3) Be appropriate for the petroleum oil carried.\n\n(d) The owner or operator of a vessel that carries groups I through IV petroleum oil as a primary cargo shall identify in the response plan and ensure the availability of, through contract or other approved means, the response resources that will respond to a discharge up to the vessel's average most probable discharge.\n\n(1) For a vessel that carries groups I through IV petroleum oil as its primary cargo, the response resources must include\u2014\n\n(i) Containment boom in a quantity equal to twice the length of the largest vessel involved in the transfer and capable of being deployed at the site of oil transfer operations\u2014\n\n(A) Within 1 hour of detection of a spill, when the transfer is conducted between 0 and 12 miles from the nearest shoreline; or\n\n(B) Within 1 hour plus travel time from the nearest shoreline, based on an on-water speed of 5 knots, when the transfer is conducted over 12 miles up to 200 miles from the nearest shoreline; and\n\n(ii) Oil recovery devices and recovered oil storage capacity capable of being at the transfer site\u2014\n\n(A) Within 2 hours of the detection of a spill during transfer operations, when the transfer is conducted between 0 and 12 miles from the nearest shoreline; or\n\n(B) Within 1 hour plus travel time from the nearest shoreline, based on an on-water speed of 5 knots, when the transfer is conducted over 12 miles up to 200 miles from the nearest shoreline.\n\n(2) For locations of multiple vessel transfer operations, a vessel may identify the same equipment as identified by other vessels, provided that each vessel has ensured access to the equipment through contract or other approved means. Under these circumstances, prior approval by the Coast Guard is not required for temporary changes in the contracted oil spill removal organization under \u00a7 155.1070(c)(5).\n\n(3) The owner or operator of a vessel conducting transfer operations at a facility required to submit a response plan under 33 CFR 154.1017 is required to plan for and identify the response resources required in paragraph (d)(1) of this section. However, the owner or operator is not required to ensure by contract or other means the availability of such resources.\n\n(e) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, the response resources necessary to respond to a discharge up to the vessel's maximum most probable discharge volume.\n\n(1) These resources must be positioned such that they can arrive at the scene of a discharge within\u2014\n\n(i) 12 hours of the discovery of a discharge in higher volume port areas and the Great Lakes;\n\n(ii) 24 hours of the discovery of a discharge in all rivers and canals, inland, nearshore and offshore areas; and\n\n(iii) 24 hours of the discovery of a discharge plus travel time from shore for open ocean areas.\n\n(2) The necessary response resources include sufficient containment boom, oil recovery devices, and storage capacity for any recovery of up to the maximum most probable discharge planning volume.\n\n(3) The response plan must identify the storage location, make, model, and effective daily recovery capacity of each oil recovery device that is identified for plan credit.\n\n(4) The response resources identified for responding to a maximum most probable discharge must be positioned to be capable of meeting the planned arrival times in this paragraph. The COTP with jurisdiction over the area in which the vessel is operating must be notified whenever the identified response resources are not capable of meeting the planned arrival times.\n\n(f) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, the response resources necessary to respond to discharges up to the worst case discharge volume of the oil cargo to the maximum extent practicable.\n\n(1) The location of these resources must be suitable to meet the response times identified for the applicable geographic area(s) of operation and response tier.\n\n(2) The response resources must be appropriate for\u2014\n\n(i) The capacity of the vessel;\n\n(ii) Group(s) of petroleum oil carried as cargo; and\n\n(iii) The geographic area(s) of vessel operation.\n\n(3) The resources must include sufficient boom, oil recovery devices, and storage capacity to recover the planning volumes.\n\n(4) The response plan must identify the storage location, make, model, and effective daily recovery capacity of each oil recovery device that is identified for plan credit.\n\n(5) The guidelines in appendix B of this part must be used for calculating the quantity of response resources required to respond at each tier to the worst case discharge to the maximum extent practicable.\n\n(6) When determining response resources necessary to meet the requirements of this paragraph (f)(6), a portion of those resources must be capable of use in close-to-shore response activities in shallow water. The following percentages of the response equipment identified for the applicable geographic area must be capable of operating in waters of 6 feet or less depth:\n\n(i) Open ocean\u2014none.\n\n(ii) Offshore\u201410 percent.\n\n(iii) Nearshore, inland, Great Lakes, and rivers and canals\u201420 percent.\n\n(7) Response resources identified to meet the requirements of paragraph (f)(6) of this section are exempt from the significant wave height planning requirements of table 1 of appendix B of this part.\n\n(g) Response equipment identified to respond to a worst case discharge must be capable of arriving on scene within the times specified in this paragraph for the applicable response tier in a higher volume port area, Great Lakes, and in other areas. Response times for these tiers from the time of discovery of a discharge are\u2014\n\n(h) For the purposes of arranging for response resources through contract or other approved means, response equipment identified for Tier 1 plan credit must be capable of being mobilized and enroute to the scene of a discharge within 2 hours of notification. The notification procedures identified in the plan must provide for notification and authorization for mobilization of identified Tier 1 response resources\u2014\n\n(1) Either directly or through the qualified individual; and\n\n(2) Within 30 minutes of a discovery of a discharge or substantial threat of discharge.\n\n(i) Response resources identified for Tier 2 and Tier 3 plan credit must be capable of arriving on scene within the time listed for the applicable tier.\n\n(j)  Salvage  (including lightering) and  marine firefighting  requirements are found in subpart I of this part.\n\n(k) The owner or operator of a vessel carrying groups II through IV petroleum oil as a primary cargo that operates in any inland, nearshore, or offshore area with pre-authorization for dispersant use must identify in their response plan, and ensure availability through contract or other approved means, of response resources capable of conducting dispersant operations within those areas.\n\n(1) Dispersant response resources must be capable of commencing dispersant-application operations at the site of a discharge within 7 hours of the decision by the Federal On-Scene Coordinator to use dispersants.\n\n(2) Dispersant response resources must include all of the following:\n\n(i) Sufficient dispersant capability for application as required by paragraph (k)(3) of this section. Any dispersants identified in a response plan must be of a type listed on the National Oil and Hazardous Substances Pollution Contingency Plan Product Schedule (contained in 40 CFR part 300, and available online from the U.S. Government Printing Office).\n\n(ii) Dispersant-application platforms capable of delivering and applying dispersant in the amounts required by paragraph (k)(3) of this section. At least 50 percent of each effective daily application capacity (EDAC) tier requirement must be achieved through the use of fixed wing aircraft-based application platforms. The adequacy of dispersant-application platforms not detailed within the EDSP must be documented by presentation of independent evaluation materials (e.g., field tests and reports of actual use).\n\n(iii) Dispersant-application personnel trained in and capable of applying dispersants within the performance criteria in ASTM F1413-07 (incorporated by reference, see \u00a7 155.140). The adequacy of dispersant-application systems not fully covered by ASTM F1413-07, such as fire monitor-type applicators, must be documented by presentation of independent evaluation materials (e.g., laboratory tests, field tests, and reports of actual use).\n\n(iv) Dispersant-application systems ensured to be available, including trained personnel, that are capable of applying dispersants in accordance with the recommended procedures in ASTM F1737-07 (incorporated by reference, see \u00a7 155.140).\n\nTable 1 to \u00a7 155.1050(k)\u2014Tiers for Effective Daily Application Capability\n\nGulf Coast Tier 1 is higher due to greater potential spill size and frequency in that area, and it is assumed that dispersant stockpiles would be centralized in the Gulf area. Alternative application ratios may be considered based on submission to Coast Guard Headquarters, Office of Marine Environmental Response Policy (CG-MER) of peer-reviewed scientific evidence of improved capability.\n\n(3) Dispersant stockpiles, application platforms, and other supporting resources must be ensured available in a quantity and type sufficient to treat a vessel's worst case discharge (as determined by using the criteria in Section 8 of appendix B), or in quantities sufficient to meet the requirements in Table 155.1050(k), whichever is the lesser amount.\n\n(l) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan, and ensure their availability through contract or other approved means, response resources necessary to provide aerial oil tracking to support oil spill assessment and cleanup activities. Vessels operating on inland rivers are not required to comply with this paragraph.\n\n(1) Aerial oil tracking resources must be capable of arriving at the site of a discharge in advance of the arrival of response resources identified in the plan for tiers 1, 2, and 3 Worst Case Discharge response times, and for a distance up to 50 nautical miles from shore (excluding inland rivers).\n\n(2) Aerial oil tracking resources must include the following:\n\n(i) Appropriately located aircraft and personnel capable of meeting the response time requirement for oil tracking in \u00a7 155.1050(l)(1) of this section;\n\n(ii) Sufficient numbers of aircraft, pilots, and trained observation personnel to support oil spill operations, commencing upon initial assessment, and capable of coordinating on-scene cleanup operations, including dispersant, in-situ burning, and mechanical recovery operations;\n\n(iii) Observation personnel must be trained in the protocols of oil spill reporting and assessment, including estimation of slick size, thickness, and quantity. Observation personnel must be trained in the use of assessment techniques in ASTM F1779-08 (incorporated by reference, see \u00a7 155.140), and familiar with the use of pertinent guides, including, but not limited to, NOAA's \u201cOpen Water Oil Identification Job Aid for Aerial Observation\u201d and the \u201cCharacteristic Coastal Habitats\u201d guide; and\n\n(iv) The capability of supporting oil spill removal operations continuously for three 10-hour operational periods during the initial 72 hours of the discharge.\n\n(m) [Reserved]\n\n(n) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, response resources necessary to perform shoreline protection operations.\n\n(1) The response resources must include the quantities of boom listed in table 2 of appendix B of this part, based on the areas in which the vessel operates.\n\n(2) Vessels that intend to offload their cargo at the Louisiana Offshore Oil Port (LOOP) marine terminal are not required to comply with the requirements of this paragraph when they are within the offshore area and under one of the following conditions:\n\n(i) Approaching or departing the LOOP marine terminal within the LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.\n\n(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.\n\n(o) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the availability of, through contract or other approved means, an oil spill removal organization capable of effecting a shoreline cleanup operation commensurate with the quantity of emulsified petroleum oil to be planned for in shoreline cleanup operations.\n\n(1) The shoreline cleanup resources required must be determined as described in appendix B of this part.\n\n(2) Vessels that intend to offload their cargo at the Louisiana Offshore Oil Port (LOOP) marine terminal are not required to comply with the requirements of this paragraph when they are within the offshore area and under one of the following conditions:\n\n(i) Approaching or departing the LOOP marine terminal within the LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.\n\n(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.\n\n(p) Appendix B of this part sets out caps that recognize the practical and technical limits of response capabilities for which an individual vessel owner or operator can contract in advance. Table 6 in appendix B lists the contracting caps that are applicable, as of February 18, 1993, and that are slated to apply on February 18, 1998. The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo, whose required daily recovery capacity exceeds the applicable contracting caps in table 6, shall identify commercial sources of additional equipment equal to twice the cap listed for each tier or the amount necessary to reach the calculated planning volume, whichever is lower, to the extent that this equipment is available. The equipment so identified must be capable of arriving on scene no later than the applicable tier response times contained in \u00a7 155.1050(g) or as quickly as the nearest available resource permits. A response plan must identify the specific sources, locations, and quantities of this additional equipment. No contract is required.\n\n(q) The Coast Guard will continue to evaluate the environmental benefits, cost efficiency and practicality of increasing mechanical recovery capability requirements. This continuing evaluation is part of the Coast Guard's long term commitment to achieving and maintaining an optimum mix of oil spill response capability across the full spectrum of response modes. As best available technology demonstrates a need to evaluate or change mechanical recovery capacities, a review of cap increases and other requirements contained within this subpart may be performed. Any changes in the requirements of this section will occur through a public notice and comment process. During this review, the Coast Guard will determine if established caps remain practicable and if increased caps will provide any benefit to oil spill recovery operations. The review will include and evaluation of:\n\n(1) Best available technologies for containment and recovery;\n\n(2) Oil spill tracking technology;\n\n(3) High rate response techniques;\n\n(4) Other applicable response technologies; and\n\n(5) Increases in the availability of private response resources."], ["33:33:2.0.1.5.22.4.177.11", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1052 Response plan development and evaluation criteria for vessels carrying group V petroleum oil as a primary cargo.", "USCG", "", "", "", "(a) Owners and operators of vessels that carry group V petroleum oil as a primary cargo must provide information in their plan that identifies\u2014\n\n(1) Procedures and strategies for responding to discharges up to a worst case discharge of group V petroleum oils to the maximum extent practicable; and\n\n(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.\n\n(b) Using the criteria in Table 1 of Appendix B of this part, an owner or operator of a vessel carrying group V petroleum oil as a primary cargo must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the vessel operates. When evaluating the operability of equipment, the vessel owner or operator must consider limitations that are identified in the Area Contingency Plans for the COTP zones in which the vessel operates, including\u2014\n\n(1) Ice conditions;\n\n(2) Debris;\n\n(3) Temperature ranges; and\n\n(4) Weather-related visibility.\n\n(c) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo must identify in the response plan and ensure, through contract or other approved means, the availability of required equipment, including\u2014\n\n(1) Sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;\n\n(2) Containment boom, sorbent boom, silt curtains, or other methods for containing oil that may remain floating on the surface or to reduce spreading on the bottom;\n\n(3) Dredges, pumps, or other equipment necessary to recover oil from the bottom and shoreline; and\n\n(4) Other appropriate equipment necessary to respond to a discharge involving the type of oil carried.\n\n(d) Response resources identified in a response plan under paragraph (c) of this section must be capable of being deployed within 24 hours of discovery of a discharge to the port nearest the area where the vessel is operating. An oil spill removal organization may not be listed in the plan unless the oil spill removal organization has provided written consent to be listed in the plan as an available resource.\n\n(e) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo shall identify in the response plan and ensure the availability of the following resources through contract or other approved means\u2014\n\n(1) A salvage company with appropriate expertise and equipment; and\n\n(2) A company with vessel firefighting capability that will respond to casualties in the area(s) in which the vessel is operating.\n\n(f) Vessel owners or operators must identify intended sources of the resources required under paragraph (e) of this section capable of being deployed to the areas in which the vessel will operate. A company may not be listed in the plan unless the company has provided written consent to be listed in the plan as an available resource. To meet this requirement in a response plan submitted for approval or reapproval on or after February 18, 1998, the vessel owner or operator must identify both the intended sources of this capability and demonstrate that the resources are capable of being deployed to the port nearest to the area where the vessel operates within 24 hours of discovery of a discharge.\n\n(g) The owner or operator of a vessel carrying group V petroleum oil as a primary cargo shall identify in the response plan and ensure the availability of certain resources required by \u00a7\u00a7 155.1035(c)(5)(ii) and 155.1040(c)(5)(i), as applicable, through contract or other approved means.\n\n(1) Resources must include\u2014\n\n(i) Fendering equipment;\n\n(ii) Transfer hoses and connection equipment; and\n\n(iii) Portable pumps and ancillary equipment necessary to offload the vessel's largest cargo tank in 24 hours of continuous operation.\n\n(2) Resources must be capable of reaching the locations in which the vessel operates within the stated times following notification:\n\n(i) Inland, nearshore, and Great Lakes waters\u201412 hours.\n\n(ii) Offshore waters and rivers and canals\u201418 hours.\n\n(iii) Open ocean waters\u201436 hours.\n\n(3) For barges operating in rivers and canals as defined in this subpart, the requirements of this paragraph (g)(3) may be met by listing resources capable of being deployed in an area within the response times in paragraph (g)(2) of this section. A vessel owner or operator may not identify such resources in a plan unless the response organization has provided written consent to be identified in a plan as an available resource."], ["33:33:2.0.1.5.22.4.177.12", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1055 Training.", "USCG", "", "", "[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2008-1070, 78 FR 60123, Sept. 30, 2013]", "(a) A response plan submitted to meet the requirements of \u00a7 155.1035 or \u00a7 155.5035 must identify the training to be provided to persons having responsibilities under the plan, including members of the vessel crew, the qualified individual, and the spill management team. A response plan submitted to meet the requirements of \u00a7 155.1040 must identify the training to be provided to the spill management team, the qualified individual, and other personnel in \u00a7 155.1040 with specific responsibilities under the plan including tankermen and members of the towing vessel crew. The training program must differentiate between that training provided to vessel personnel and that training provided to shore-based personnel. Appendix C of this part provides additional guidance regarding training.\n\n(b) A vessel owner or operator shall ensure the maintenance of records sufficient to document this training and make them available for inspection upon request by the Coast Guard. Records must be maintained for 3 years following completion of training. The response plan must identify the location of training records, which must be\u2014\n\n(1) On board the vessel;\n\n(2) With the qualified individual; or\n\n(3) At a U.S. location of the spill management team.\n\n(c) A vessel owner or operator may identify equivalent work experience which fulfills specific training requirements.\n\n(d) The vessel owner or operator shall ensure that any oil spill removal organization identified in a response plan to meet the requirements of this part maintains records sufficient to document training for the organization's personnel. These records must be available for inspection upon request by the Coast Guard. Records must be maintained for 3 years following completion of training.\n\n(e) Nothing in this section relieves the vessel owner or operator from the responsibility to ensure that all private shore-based response personnel are trained to meet the Occupational Safety and Health Administration (OSHA) standards for emergency response operations in 29 CFR 1910.120.\n\n(f) A training plan may be prepared in accordance with Training Elements for Oil Spill Response to satisfy the requirements of this section."], ["33:33:2.0.1.5.22.4.177.13", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1060 Exercises.", "USCG", "", "", "[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by 68 FR 37741, June 25, 2003; USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2008-1070, 78 FR 60123, Sept. 30, 2013]", "(a) A vessel owner or operator required by \u00a7 155.1035, \u00a7 155.1040, or \u00a7 155.5035 to have a response plan shall conduct exercise as necessary to ensure that the plan will function in an emergency. Both announced and unannounced exercises must be included. The following are the minimum exercise requirements for vessels covered by this subpart:\n\n(1) Qualified individual notification exercises, which must be conducted quarterly;\n\n(2) Emergency procedures exercises, which must be conducted quarterly;\n\n(3) Shore-based spill management team tabletop exercises, which must be conducted annually. In a triennial period, at least one of these exercises must include a worst case discharge scenario;\n\n(4) Oil spill removal organization equipment deployment exercises, which must be conducted annually; and\n\n(5) An exercise of the entire response plan, which must be conducted every 3 years. The vessel owner or operator shall design the exercise program so that all components of the response plan are exercised at least once every 3 years. All of the components do not have to be exercised at one time; they may be exercised over the 3-year period through the required exercises or through an area exercise.\n\n(b) Annually, at least one of the exercises listed in \u00a7 155.1060(a) (2) and (4) must be unannounced. An unannounced exercise is one in which the personnel participating in the exercise have not been advised in advance of the exact date, time, and scenario of the exercise.\n\n(c) A vessel owner or operator shall participate in unannounced exercises, as directed by the Coast Guard COTP. The objectives of the unannounced exercises will be to evaluate notifications and equipment deployment for responses to average most probable discharge spill scenarios outlined in vessel response plans. The unannounced exercises will be limited to four per area per year, an area being that geographic area for which a separate and distinct Area Contingency Plan has been prepared, as described in the Oil Pollution Act of 1990. After participating in an unannounced exercise directed by a COTP, the owner or operator will not be required to participate in another unannounced exercise for at least 3 years from the date of the exercise.\n\n(d) A vessel owner or operator shall participate in area exercises as directed by the applicable on-scene coordinator. The area exercises will involve equipment deployment to respond to the spill scenario developed by the exercise design team, of which the vessel owner or operator will be a member. After participating in an area exercise, a vessel owner or operator will not be required to participate in another area exercise for at least 6 years.\n\n(e) The vessel owner or operator shall ensure that adequate exercise records are maintained. The following records are required:\n\n(1) On board the vessel, records of the qualified individual notification exercises and the emergency procedures exercises. These exercises may be documented in the ship's log or may be kept in a separate exercise log.\n\n(2) At the United States' location of either the qualified individual, spill management team, the vessel owner or operator, or the oil spill removal organization, records of exercises conducted off the vessel. Response plans must indicate the location of these records.\n\n(f) Records described in paragraph (e) of this section must be maintained and available to the Coast Guard for 3 years following completion of the exercises.\n\n(g) The response plan submitted to meet the requirements of this subpart must specify the planned exercise program. The plan shall detail the exercise program, including the types of exercises, frequencies, scopes, objectives, and the scheme for exercising the entire response plan every 3 years.\n\n(h) Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the vessel response plan exercise requirements. These guidelines are available from the TASC DEPT Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, stock number USCG-X0241). Compliance with an alternative program that meets the requirements of paragraph (a) of this section and has been approved under \u00a7 155.1065 will also satisfy the vessel response plan exercise requirements.\n\nThe PREP guidelines are available online at  http://www.uscg.mil/hq/g-m/nmc/response/msprep.pdf."], ["33:33:2.0.1.5.22.4.177.14", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1062 Inspection and maintenance of response resources.", "USCG", "", "", "", "(a) The owner or operator of a vessel required to submit a response plan under this part must ensure that\u2014\n\n(1) Containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan are periodically inspected and maintained in good operating condition, in accordance with manufacturer's recommendations and best commercial practices; and\n\n(2) All inspections and maintenance are documented and that these records are maintained for 3 years.\n\n(b) For equipment which must be inspected and maintained under this section the Coast Guard may\u2014\n\n(1) Verify that the equipment inventories exist as represented;\n\n(2) Verify the existence of records required under this section;\n\n(3) Verify that the records of inspection and maintenance reflect the actual condition of any equipment listed or referenced; and\n\n(4) Inspect and require operational tests of equipment.\n\n(c) This section does not apply to containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan and ensured available through the written consent of an oil spill removal organization, as described in the definition of \u201ccontract or other approved means\u201d at \u00a7 155.1020."], ["33:33:2.0.1.5.22.4.177.15", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1065 Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal.", "USCG", "", "", "[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG-2008-1070, 78 FR 60123, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July 7, 2014; USCG-2016-0498, 82 FR 35082, July 28, 2017; USCG-2023-0759, 89 FR 22947, Apr. 3, 2024]", "(a) An owner or operator of a vessel to which this subpart applies must submit one complete English language copy of a vessel response plan to Commandant electronically by using the Vessel Response Plan Electronic Submission Tool available at  https://vrp.uscg.mil/homeport-vrp/vrp-express/  by signing in using the registered email address and password, or by email to  vrp@uscg.mil,  or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516. For new Homeport user email address and password registrations (to enable electronic submissions), please follow the process provided in the United States Coast Guard Homeport website at  https://homeport.uscg.mil/Pages/NewUserRegistration.aspx . The plan must be submitted at least 60 days before the vessel intends to handle, store, transport, transfer, or lighter oil in areas subject to the jurisdiction of the United States.\n\n(b) The owner or operator must include a statement certifying that the plan meets the applicable requirements of subparts D, E, F, G, and J of this part and shall include a statement indicating whether the vessel(s) covered by the plan are manned vessels carrying oil as a primary cargo, unmanned vessels carrying oil as a primary cargo, or vessels carrying oil as a secondary cargo.\n\n(c) If the Coast Guard determines that the plan meets all requirements of this subpart, the Coast Guard will notify the vessel owner or operator with an approval letter. The plan will be valid for a period of up to 5 years from the date of approval.\n\n(d) If the Coast Guard reviews the plan and determines that it does not meet all of the requirements, the Coast Guard will notify the vessel owner or operator of the response plan's deficiencies. The vessel owner or operator must then resubmit the revised plan, or corrected portions of the plan, within the time period specified in the written notice provided by the Coast Guard.\n\n(e) For those vessels temporarily authorized under \u00a7 155.1025 to operate without an approved plan pending formal Coast Guard approval, the deficiency provisions of \u00a7 155.1070(c), (d), and (e) will also apply.\n\n(f) When the owner or operator of a vessel believes that national planning criteria contained elsewhere in this part are inappropriate to the vessel for the areas in which it is intended to operate, the owner or operator may request acceptance of alternative planning criteria by the Coast Guard. Submission of a request must be made 90 days before the vessel intends to operate under the proposed alternative and must be forwarded to the COTP for the geographic area(s) affected.\n\n(g) An owner or operator of a United States flag vessel may meet the response plan requirements of Regulation 37 of MARPOL 73/78 and subparts D, E, F, and G of this part by stating in writing, according to the provisions of \u00a7 155.1030(j), that the plan submitted is intended to address the requirements of both Regulation 37 of MARPOL 73/78 and the requirements of subparts D, E, F, and G of this part.\n\n(h) Within 21 days of notification that a plan is not approved, the vessel owner or operator may appeal that determination to the Director of Emergency Management (CG-5RI). This appeal must be submitted in writing to Commandant (CG-5RI), Attn: Director of Emergency Management, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516."], ["33:33:2.0.1.5.22.4.177.16", 33, "Navigation and Navigable Waters", "I", "O", "155", "PART 155\u2014OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS", "D", "Subpart D\u2014Tank Vessel Response Plans for Oil", "", "\u00a7 155.1070 Procedures for plan review, revision, amendment, and appeal.", "USCG", "", "", "[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2001-8661, 74 FR 45029, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG-2008-1070, 78 FR 60123, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July 7, 2014; USCG-2016-0498, 82 FR 35082, July 28, 2017]", "(a) A vessel response plan must be reviewed annually by the owner or operator.\n\n(1) This review must occur within 1 month of the anniversary date of Coast Guard approval of the plan.\n\n(2) The owner or operator shall submit any plan amendments to the Coast Guard for information or approval. Revisions to a plan must include a cover page that provides a summary of the changes being made and the pages being affected. Revised pages must further include the number of the revision and date of that revision. Although plans should be submitted electronically, for plans submitted in paper format, CG Form \u201cApplication for Approval/Revision of Vessel Pollution Response Plans\u201d (CG-6083) located at:  http://www.uscg.mil/forms/CG/CG_6083.pdf  should be used in lieu of a cover letter to request the required resubmission, plan amendment, or revision.\n\n(3) Any required changes must be entered in the plan and noted on the record of changes page. The completion of the annual review must also be noted on the record of changes page.\n\n(b) The vessel owner or operator subject to subparts D, E, F, G, or J of this part must resubmit the entire plan to the Coast Guard for approval\u2014\n\n(1) Six months before the end of the Coast Guard approval period identified in \u00a7 155.1065(c) or \u00a7 155.5065(c); and\n\n(2) Whenever there is a change in the vessel owner or operator, if the previous vessel owner or operator provided the certifying statement required by \u00a7 155.1065(b) or \u00a7 155.5065(b), then the new vessel owner or operator must submit a new statement certifying that the plan continues to meet the applicable requirements of subparts D, E, F, G, or J of this part.\n\n(c) Revisions or amendments to an approved response plan must be submitted for approval by the vessel's owner or operator whenever there is\u2014\n\n(1) A change in the vessel owner or operator, if that vessel owner or operator is not the one who provided the certifying statement required by \u00a7 155.1065(b) or \u00a7 155.5065(b);\n\n(2) A change in the vessel's operating area that includes ports or geographic area(s) not covered by the previously approved plan. A vessel may operate in an area not covered in a previously approved plan upon receipt of written acknowledgment by the Coast Guard that a new geographic-specific appendix has been submitted for approval by the vessel's owner or operator and the certification required in \u00a7 155.1025(c)(2) or \u00a7 155.5023(b) has been provided;\n\n(3) A significant change in the vessel's configuration that affects the information included in the response plan;\n\n(4) A change in the type of oil carried onboard (oil group) that affects the required response resources, except as authorized by the COTP for purposes of assisting in an oil spill response activity;\n\n(5) A change in the identification of the oil spill removal organization(s) or other response-related resource required by \u00a7 155.1050, \u00a7 155.1052, \u00a7 155.1230, \u00a7 155.2230, \u00a7 155.5050, or \u00a7 155.5052 as appropriate, except an oil spill removal organization required by \u00a7 155.1050(d) or \u00a7 155.5050(d) that may be changed on a case-by-case basis for an oil spill removal organization previously classified by the Coast Guard, which has been ensured to be available by contract or other approved means;\n\n(6) A significant change in the vessel's emergency response procedures;\n\n(7) A change in the qualified individual;\n\n(8) The addition of a vessel to the plan. This change must include the vessel-specific appendix required by this subpart and the vessel owner or operator's certification required in \u00a7 155.1025(c) or \u00a7 155.5023(b); or\n\n(9) Any other significant changes that affect the implementation of the plan.\n\n(d) Thirty days in advance of operation, the vessel owner or operator must submit any revision or amendments identified in paragraph (c) of this section. The certification required in \u00a7 155.1065(b) or \u00a7 155.5065(b) must be submitted along with the revisions or amendments.\n\n(e) The Coast Guard may require a vessel owner or operator to revise a response plan at any time if it is determined that the response plan does not meet the requirements of this subpart. The Coast Guard will notify the vessel owner or operator in writing of any deficiencies and any operating restrictions. Deficiencies must be corrected and submitted for acceptance within the time period specified in the written notice provided by the Coast Guard or the plan will be declared invalid and any further storage, transfer, handling, transporting or lightering of oil in areas subject to the jurisdiction of the United States will be in violation of section 311(j)(5)(E) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).\n\n(f) A vessel owner or operator who disagrees with a deficiency determination may submit a petition for reconsideration to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516 or  vrp@uscg.mil  within the time period required for compliance or within 7 days from the date of receipt of the Coast Guard notice of a deficiency determination, whichever is less. After considering all relevant material presented, the Coast Guard will notify the vessel owner or operator of the final decision.\n\n(1) Unless the vessel owner or operator petitions for reconsideration of the Coast Guard's decision, the vessel's owner or operator must correct the response plan deficiencies within the period specified in the Coast Guard's initial determination.\n\n(2) If the vessel owner or operator petitions the Coast Guard for reconsideration, the effective date of the Coast Guard notice of deficiency determination may be delayed pending a decision by the Coast Guard. Petitions to the Coast Guard must be submitted in writing, via the Coast Guard official who issued the requirement to amend the response plan, within 5 days of receipt of the notice.\n\n(g) Within 21 days of notification that a plan is not approved, the vessel owner or operator may appeal that determination to the Director of Incident Management and Preparedness Policy (CG-5RI). This appeal must be submitted in writing to Commandant (CG-5RI), Attn: Director of Incident Management and Preparedness Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516.\n\n(h) Except as required in paragraph (c) of this section, amendments to personnel and telephone number lists included in the response plan do not require prior Coast Guard approval.\n\n(i) The Coast Guard and all other holders of the response plan shall be advised of any revisions to personnel and telephone numbers and provided a copy of these revisions as they occur."]], "truncated": false, "filtered_table_rows_count": 151, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "155"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=155", "results": [{"value": 33, "label": 33, "count": 112, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&title_number=33", "selected": false}, {"value": 40, "label": 40, "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&title_number=40", "selected": false}, {"value": 21, "label": 21, "count": 9, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&title_number=21", "selected": false}, {"value": 14, "label": 14, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&title_number=14", "selected": false}, {"value": 17, "label": 17, "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&title_number=17", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=155", "results": [{"value": "USCG", "label": "USCG", "count": 112, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&agency=USCG", "selected": false}, {"value": "EPA", "label": "EPA", "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&agency=EPA", "selected": false}, {"value": "FDA", "label": "FDA", "count": 9, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&agency=FDA", "selected": false}, {"value": "FAA", "label": "FAA", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&agency=FAA", "selected": false}, {"value": "CFTC", "label": "CFTC", "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&agency=CFTC", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=155", "results": [{"value": "155", "label": "155", "count": 151, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_facet=title_name"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_facet=subpart_name"}], "next": "33~3A33~3A2~2E0~2E1~2E5~2E22~2E4~2E177~2E16,33~3A33~3A2~2E0~2E1~2E5~2E22~2E4~2E177~2E16", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=155&_next=33~3A33~3A2~2E0~2E1~2E5~2E22~2E4~2E177~2E16%2C33~3A33~3A2~2E0~2E1~2E5~2E22~2E4~2E177~2E16&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 13.988179969601333, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}