Section 19.60 - Applicability, Definitions, Exemptions(a) Applicability. This subchapter applies to any vessel that operates in the coastal waters of the state of Texas and has a total fuel, lube and cargo tank capacity equal to or exceeding 10,000 U.S. gallons.(b) Definitions. The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in § 19.2 of this title (relating to Definitions).(1) MARPOL 73/78--The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended.(2) Annex I of MARPOL--Regulations for the Prevention of Pollution by Oil.(3) Oil Tanker--A vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of MARPOL 73/78 when it is carrying a cargo or part cargo of oil in bulk.(4) Regulation 26 of Annex I of MARPOL--The regulation adopted in July of 1991 by the Marine Environment Protection Committee of the International Maritime Organization (IMO), requiring every oil tanker of 150 gross tons and above and every other vessel of 400 gross tons and above to carry on board a shipboard oil pollution emergency plan approved by its flag state, or authorized organization.(5) Vessel--Every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, including barges.(6) Authorized Person--The person who is responsible for and in control of all oil spill response operations on behalf of the vessel.(7) Official Number--The unique number assigned to a vessel for purposes of identification, e.g., the Texas State Registration Number, IMO Number, OPA Plan Number, etc.(8) Preparedness Manager--As required by MARPOL 73/78, the person responsible for ensuring that personnel aboard an international vessel are properly trained in mitigating and controlling an unauthorized discharge of oil.(9) Qualified Individual--The person authorized by the owner or operator of a vessel to conduct and assume responsibility for all emergency response operations for the vessel.(c) Exemptions (1) The GLO may grant an exemption from compliance with any requirement in this subchapter if special circumstances such as those listed below are identified by a vessel owner or operator and a request for exemption is submitted to the GLO as soon as possible before the effective period of the exemption being requested. Requests for exemptions will be considered by the GLO for the following situations, which are not meant to be exclusive of other situations where an exemption may be appropriate. (A) A vessel with only residual cargo or fuel on board being towed for repair, salvage, or demolition.(B) Vessels involved in unplanned emergency response or rescue activities.(C) Vessels involved in an emergency caused by operational malfunctions or the violence of nature.(2) A request for exemption must be made in writing and can be submitted in the following ways:(A) Mailed to: Texas General Land Office, Oil Spill Prevention and Response Program, P.O. Box 12873, Austin, Texas 78711-2873. The written request can also be sent by facsimile to the GLO's Oil Spill Prevention and Response Program at (512) 475-1560.(B) Sent by facsimile to the GLO's Oil Spill Prevention and Response Program at (512) 475-1560; or(C) Via e-mail to oilspills@glo.texas.gov.(3) All written requests for an exemption must include the following information:(B) the vessel's qualified individual or person in charge;(C) whether a vessel-specific and approved oil spill prevention and response plan is aboard the vessel;(D) the specific requirement for which an exemption is being sought;(E) a summary statement on why the exemption is being sought; and(F) the expected duration of the situation for which an exemption is sought.(4) The GLO will respond to requests for exemption as soon as possible. The vessel's owner or operator is responsible for obtaining the exemption before entering Texas coastal waters. If the exemption is denied, the GLO will provide its reasoning for denial.31 Tex. Admin. Code § 19.60
The provisions of this §19.60 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective December 3, 2000, 25 TexReg 11661; amended to be effective January 27, 2013, 38 TexReg 296