=1015) states that every tanker to which the Act applies and built in the United States and for which the building contract is placed on or after the effective date of section 6 shall be constructed in accordance with Annex C of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, relating to tank arrangement and limitation of tank size. Annex C of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, reads as follows:

REQUIREMENTS RELATING TO TANK ARRANGE-
MENTS AND TO THE LIMITATION OF TANK
SIZE

1. Assumed extent of damage. In the following paragraphs three dimensions of the extent of damage of a parallelepiped due to both collision and stranding are assumed. In the case of stranding, two conditions are set forth to be applied individually to the stated portions of the ship. These values represent the maximum assumed damage in such accidents and are to be used to determine by trial at all conceivable locations the worst combination of compartments which would be breached by such an accident.

When he is equal to or greater than v,, Zi shall be taken equal to zero,

b=Width of wing tank in metres under consideration,

h = Minimum depth of the double bottom in metres under consideration; where no double bottom is fitted, h shall be taken equal to zero,

Wing tank = Any tank adjacent to the side shell plating,

Centre tank = Any tank inboard a longitudinal bulkhead.

2.3 Special requirements.

2.3.1 If a void space or clean water ballast tank of a length less than l, as defined in 1.1 is located between wing oil tanks, O, in formula (1) may be calculated on the basis of volume W being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity) adjacent to such space, multiplied by S as defined below and tank

l-Length in metres of void space or clean ballast tank under consideration.

2.3.2(a) Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above.

(b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non-existent and the volume of the tanks above the area of the stranding damage shall be included in formula (2) even if the tank is not considered breached because of the installation of such a partial double bottom.

2.3.2(c) Suction wells may be neglected in the determination of the value h provided such wells are not excessive in area and extended below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, h shall be taken equal to the double bottom height minus the well height.

Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served to prevent oil outflow in the event of damage of the piping during stranding. Such piping shall be installed as high from the bottom shell as possible.

2.3.3 In the case where stranding damage simultaneously involves four centre tanks, the value of O, may be calculated according to the formula

2.3.4 An Administration may credit as reducing oil outflow in case of stranding, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation, oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of O, according to formula (3). The pipes for such suctions shall be installed at

least at a height not less than the vertical extent of the stranding damage V..

The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other governments.

3. Limitations of size of cargo oil tanks. 3.1 Limitation of hypothetical oil outflow. The hypothetical oil outflow O, or O, calcu lated in accordance with the formulae in Section 2 shall not exceed 30,000 cubic metres or 400 VDW, whichever is the greater but subject to a maximum of 40,000 cubic metres where: DW = deadweight of the ship in metric tons.

3.2 Limitation of volume of single tank. The volume of a wing tank shall not exceed seventy-five per cent of the limits of hypothetical oil outflow referred to in 3.1. The volume of a centre tank shall not exceed 50,000 cubic metres.

3.3 Limitation of tank length. The length of each tank shall not exceed 10 metres or one of the following values, whichever is the greater:

(a) Where no longitudinal bulkhead is provided 0.1L

(b) Where a longitudinal bulkhead is provided at the centreline only: 0.15L

(c) Where two or more longitudinal bulkheads are provided:

(i) For wing tanks: 0.2L

(ii) For centre tanks:

(1) If b1/B1 is equal to or greater than : 0.2L

(2) If b/B is less than :

Where no centreline longitudinal bulkhead is provided:

(0.51 +0.1) L

Where a centreline longitudinal bulkhead is provided:

(0.25 +0.15) 1.

(Sec. 11, 75 Stat. 404, as amended (33 U.S.C. 1009); sec. 6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(i)); 49 CFR 1.46(c)(7))

[CGD 74-163, 39 FR 30125, Aug. 21, 1974; 39 FR 31901, Sept. 3, 1974]

§ 151.53 Seagoing tank barge tank arrangement and tank size limitations. (a) Purpose. The purpose of this section is to interpret paragraph 3.3 of Annex C of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, to allow a U.S. tank barge to be constructed with essentially the same bulkhead spacing as a tankship of comparable cargo capacity.

(b) Applicability. This section applies to a seagoing U.S. tank barge of 150 meters or less in length subject to the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, for which a building contract is placed after January 1, 1972, or in cases where no building contract has previously been placed, the keel is laid or the tank barge is at a similar stage of construction after June 30, 1972.

(c) Interpretative adjusted cargo tank lengths. The length of a tank in a tank barge to which this section applies must be designed either in com#pliance with paragraph 3.3 of Annex C set forth in § 151.50, or in compliance with one of the following values or less:

(1) If no longitudinal bulkhead is to be installed, .13L.

(2) If a longitudinal bulkhead is to be installed at the centerline only, .2L. (3) If two or more longitudinal bulk= heads are to be installed

(i) For wing tanks, .26L;

(ii) For center tanks if b/B is equal to or greater than 5, .26L;

(iii) For center tanks if b/B is less than 1% with no centerline longitudinal bulkhead,

153.403 Applicability.

153.405 Liability to the pollution fund. 153.407 Payments or reimbursement from the pollution fund.

153.411 Procedures for payment of judg ments.

153.413 Deposit of money into the fund.
153.415 OSC and AC Reports.
153.417

Reimbursement for actions under section 311(c) of the Act. 153.419 Reimbursement for actions under section 311(d) of the Act.

AUTHORITY: Sec. 311(j)(1)(A) and (m), 86 Stat. 862 (33 U.S.C. 1321(j)(1)(A) and (m)); secs. 2, 5, and 7, E.O. 11735 (38 FR 21243); 49 CFR 1.45(b) and 1.46(1) and (m).

SOURCE: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise noted.

Definitions.

As used in this part:

(a) "Act" means the Federal Water Pollution Control Act (86 Stat. 816, 33 U.S.C. 1251).

(b) "Oil" means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(c) "Hazardous substance" means any substance designated by the Ad

ministrator of the Environmental Protection Agency pursuant to section 311(b)(2) of the Act.

(d) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(e) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel.

(f) "Public vessel" means a vessel owned or bare-boat 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.

(g) "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(h) "Person" includes an individual, firm, corporation, association, and a partnership.

(i) “Onshore facility" means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land.

(j) "Offshore facility" means any facility of any kind located in, on, or under, any of the navigable waters of the United States other than a vessel or a public vessel.

(k) "Pollution Fund" and "Fund" means the revolving fund established in the Treasury under the authority in section 311(k) of the Act to carry out the provisions of section 311(c), (d), (i), and (1) of the Act.

or

(1) "On-Scene Coordinator" "OSC" is the predesignated Federal official provided for or furnished by the Environmental Protection Agency or the Coast Guard to coordinate and direct Federal removal efforts at the scene of an oil or hazardous substance discharge as prescribed in the National Oil and Hazardous Substance Pollution Contingency Plan (National Contingency Plan) prepared pursuant to section 311(c)(2) of the Act and published in 40 CFR Part 1510.

(m) "Agency Coordinator" or "AC" is the Federal Official designated by

the Environmental Protection Agency or the Coast Guard to coordinate and direct the removal or elimination of threats of pollution hazards from discharges, or imminent discharges, of oil or hazardous substances, and the removal and destruction of vessels, under the authority of section 311(d) of the Act. (n) "Harmful Quantity" means those quantities of oil and any hazardous substance determined in accordance with the provisions of section 311(b)(4) of the Act.

NOTE: Regulations with respect to harmful quantities of oil are published in 40 CFR Part 110.

(o) "Coastal waters" are the waters of the United States navigable by deep draft vessels, the contiguous zone, and the other waters of the United States subject to tidal influence.

NOTE: Coastal waters are those U.S. waters and areas for which the Secretary of the Department in which the Coast Guard is operating has the responsibility to provide or furnish On-Scene Coordinators under the National Contingency Plan.

(p) "Inland waters" are those waters upstream from coastal waters.

NOTE: Inland waters are those U.S. waters and areas for which the Administrator of the Environmental Protection Agency has responsibility to provide or furnish OnScene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters are contained in the Regional Contingency Plans published pursuant to the National Contingency Plan.

(q) "Remove" or "Removal" refers to removal of oil or hazardous substances from the waters and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.

(r) "Chemical agents" means those elements, compounds, or mixtures that disperse, dissolve, emulsify, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, conceal, entrap. fix, gel, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or

removal of the pollutant from the water.

(s) "Mechanical removal" means the use of pumps, skimmers, booms, earthmoving equipment, and other mechanical devices to contain the discharge of oil and to recover the discharge from the water or adjoining Shorelines.

(t) "Sorbent" means materials essentially inert and insoluble used to remove oil from water through a variety of sorption mechanisms. Examples include straw, expanded perlite, polyurethane foam, reclaimed paper fibres, and peat moss.

(u) "Chief, Office of Marine Environment and Systems" means the Coast Guard Officer designated by the Commandant to assist and advise him on matters relating to marine environmental protection, port safety and security, aids to navigation, and bridges over navigable waters.

(v) "Contiguous zone" means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, as published in the June 1, 1972 issue of the FEDERAL REGISTER (37 FR 11906).

(w) "Navigable waters" means the waters of the United States including the territorial seas.

153.105 Delegations.

(a) Each district commander, within his assigned district, is delegated authority to

(1) Assess a civil penalty in accordance with the procedures in Subpart 1.07 of this chapter of not more than $5,000 for each offense against an owner or operator of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance has been discharged into or upon the navigable waters of the United States, adjoining shorelines, or the waters of the contiguous zone in violation of section 311(b)(3) of the Act;

(2) Make the request, allowed in section 311(b)(6) of the Act, of the District Director of Customs to withhold clearance required by 19 CFR 4.66(a) of any vessel the owner or operator of which is subject to the penalty prescribed in section 311(b)(6) of the Act;

(3) Make the determination, allowed in section 311(b)(6) of the Act, whether or not clearance required by 19 CFR 4.66(a) may be granted of any vessel the owner or operator of which is subject to the penalty prescribed in section 311(b)(6) of the Act upon the filing by him of a bond or other surety satisfactory to the district commander;

(4) Assess a civil penalty in accordance with the procedures in Subpart 1.07 of this chapter of not more than $5,000 for each violation against an owner or operator of a vessel, an onshore facility, or an offshore facility, and any other person subject to regulations promulgated by the Coast Guard under section 311(j)(1) of the Act who fails or refuses to comply with those regulations, as prescribed in section 311(j)(2) of the Act;

(5) Determine an imminent and substantial threat to the public health or welfare of the United States because of an actual or threatened discharge of oil or hazardous substance into or upon the navigable waters of the United States from a transportationrelated onshore or offshore facility, except aircraft, motor vehicles, rolling or pipeline system, and to secure the relief necessary to abate that actual or threatened discharge through the United States Attorney of the district in which the threat occurs, as prescribed in section 311(e) of the Act;

(6) Authorize for each discharge of oil or hazardous substance a total expenditure of $1,000,000 or less from the Pollution Fund for costs allowed in § 153.407;

(7) Deny entry to any port or place in the United States or the navigable waters of the United States, to, and detain at the port or place in the United States from which it is about to depart for any other port or place in the United States, any vessel subject to section 311(p) of the Act which upon request does not provide evidence of financial responsibility, as prescribed in section 311(p)(6) of the Act; and

(8) Except for public vessels, board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, with or without a warrant arrest any person who in his presence or view vio