one time port visit are met or after imposing any situation-specific pollution
prevention measures deemed necessary by the COTP. In the second situation, the unit
should process a ROV citing 33 CFR 155.1025.
(4) Vessel has an approved plan or the authorization to operate pending approval of the
vessel's plan, but it does not have the response plan sections required by 33 CFR
155.1030(i) on board: This required information may include the geographic specific
information for the zone in which the vessel is located. Vessels without the
appropriate response plan sections on board can be allowed to complete their present
transfer operation only after the vessel owner or operator meets the requirements for a
one voyage port visit as outlined in 33 CFR 155.1025(e). Generally, the preferred
enforcement action is to issue a letter of warning by the COTP or the Officer in
Charge of Marine Inspections (OCMI) as appropriate. The operator should also be
issued a requirement to correct the deficiency prior to the next U.S. port visit or
transfer operation in the navigable waters, adjoining shorelines, or the exclusive
economic zone of the United States. These vessels will normally be allowed to
complete their present transfer operation. A deficiency will be noted in MSIS for
these vessels. While a civil penalty action will not normally be initiated, if a vessel
makes a return visit, arriving or departing with oil cargo or cargo residue, to the same
COTP zone without a response plan, or makes calls to multiple U.S. COTP zones
without the required sections on board, the COTP or OCMI should initiate civil
penalty proceedings and prohibit the vessel from engaging in cargo operations until
the required plan sections are on board.
Units should apply the guidance in the Marine Safety Manual, Volume I, Section
4.D.2.c.(3) regarding Letters of Undertaking and Surety Bonds, when ROVs are initiated.
12. SHIPBOARD OIL POLLUTION EMERGENCY PLANS ENFORCEMENT POLICY.
In accordance with 33 CFR 151.27, all new and existing vessels as defined in reference (c)
must have on board an approved SOPEP after 4 April 1995, when operating in the
navigable waters of the United States.
Vessel checks should be made by field offices during pollution prevention compliance
visits on U.S. and foreign flag vessels, annual tank and freight vessel exams, letter of
compliance examinations, and inspections