COMDTINST 16450.32A
e.
Vessels are required to include a list of geographic areas within a COTP zone in which the
vessel intends to handle, store or transport oil. The identification of these areas establishes
a set of self-imposed operating parameters that will apply to that vessel and the identified
response resources that were evaluated for applicability based on that information. This
list of geographic areas within a COTP zone does not constitute a waiver. Where a plan
preparer fails to identify any specific geographic areas, the plan is reviewed for the
appropriateness of the response resources for the entire COTP zone.
9.
ONE TIME PORT VISIT NOT COVERED BY AN APPROVED RESPONSE PLAN.
a.
A vessel may be authorized a one voyage port visit to a port not covered by their response
plan, as outlined in 33 CFR 155.1025(e). COTPs should establish a log to ensure that
vessels that choose this option are not allowed to reenter the COTP zone until they have an
approved VRP for that COTP zone.
b.
Before any oil transfer can occur from a vessel requesting a one time port visit the vessel
owner or operator must accomplish four items: (1) provide the COTP certification that
they have contracted with the necessary resources to respond to a worst case discharge, (2)
certify in writing that a response plan meeting the regulatory requirements or a SOPEP
approved by the flag state is onboard, (3) operate in full compliance with the submitted
response plan, and (4) receive interim operating authorization from the COTP.
10. FACILITY RESPONSE PLAN ENFORCEMENT POLICY.
a.
Civil penalty violation reports and orders to cease operations will be initiated against
"significant and substantial harm" MTR facilities, as classified by 33 CFR 154.1015(c)
and defined in 33 CFR 154.1020 that are either handling, storing, or transporting oil and
do not have approved response plans or have not received authorization for continued
operation pending approval of their plans. In this respect, a broad literal interpretation of
handling, storing, or transporting oil should be used, but only for the portion of the facility
for which the Coast Guard requires response plans. Civil penalties will also be initiated
against "substantial harm" facilities handling, storing, or transporting oil that have not
submitted a response plans to the COTP. Note that "substantial harm" facilities do not
need respnse plan approval by the COTP. Mobile MTR facilities only need the response
plan while conducting a transfer with a vessel with a total oil capacity of 250 barrels or
more.
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