(2) Assess the civil penalty prescribed by subsection 11(j) (2) of the Act for violation of any regulation issued by the Commandant pursuant to subsections 11(j) (1) (C) and (D) of the Act.

(c) The District Commander may by specific order in writing redelegate to appropriate staff officers of his command the authority to assess civil penalties contained in paragraph. (b) (1) and (2) of this section.

(d) Any Coast Guard commissioned, warrant, and petty officer is authorized to enforce the provisions of section 11 of the Federal Water Pollution Control Act.

Subpart B-Notice of the Discharge of Oil

AUTHORITY: The provisions of this Subpart B issued under sec. 11(b)(4), 62 Stat. 1155; 33 U.S.C. 466, as amended; E.O. 11548, 35 F.R. 11677.

§ 153.100 Purpose.

(a) Subsection 11(b) (4) of the Federal Water Pollution Control Act (62 Stat. 1155; 33 U.S.C. 466), as amended by the Water Quality Improvement Act of 1970 (84 Stat. 91), requires that any person in charge of a vessel or of an onshore or offshore facility shall, as soon as he has knowledge of the discharge of oil from such vessel or facility into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities, as determined in accordance with the provisions of 18 CFR Part 610, immediately notify the appropriate agency of the U.S. Government of such discharge. By Executive Order 11548 (3 CFR, July 20, 1970), the President designated the Coast Guard as the "appropriate agency" for the purpose of receiving the notice of discharge of oil.

(b) The purpose of this subpart is to prescribe the manner in which the notice required by subsection 11(b) (4) of the Federal Water Pollution Control Act, as amended, is to be given and to list the appropriate Coast Guard officers and other government officials to receive such notice.

States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined in accordance with the provisions of 18 CFR Part 610, shall give immediate notice of such discharge by the most expeditious means available which includes the use, in order of priority, of telephone, radiotelephone, radio telecommunications, or other means of rapid communication.

(b) The notice required by paragraph (a) of this section shall be given to one of the following officials:

(1) The Commanding Officer or Officer-in-Charge of any Coast Guard unit in the vicinity of the discharge;

(2) The Commander of the Coast Guard District in which the discharge occurs. See the table in paragraph (d) of this section for a listing of States and their corresponding Coast Guard districts and the table in paragraph (e) of this section for the addresses and telephone numbers of each Coast Guard district office.

(3) The Federal Official designated in the applicable Regional Oil and Hazardous Materials Pollution Contingency Plan as the On-Scene Commander (OSC) for spill response purposes. A Regional Oil and Hazardous Material Pollution Contingency Plan is available at each Coast Guard district office and at the regional offices of the Federal Water Quality Administration (FWQA). See the table in paragraph (e) of this section for the location and addresses of the regional offices of the Federal Water Quality Administration.

(c) If, after reasonable effort, notice to one of the officials designated in paragraph (b) of this section cannot be given, the notice required by paragraph (a) of this section shall be given to one of the following officials:

(1) The Commandant, U.S. Coast Guard, 400 Seventh Street SW., Washington, D.C. 20591 (Telephone 202-4261830);

(2) The Regional Director of the Federal Water Quality Administration for the region in which the discharge occurs. See paragraph (e) of this section.

(d) Table 153.105 (d) (1) lists the Standard Administrative Regions of the States under the National Oil and Hazardous Materials Pollution Contingency Plan and the corresponding Coast Guard Districts and Federal Water Quality Administration Regions,

the expiration of a 2-year period such a completed book may be destroyed. § 151.40 Penalties for violations.

(a) The provisions of subsection 9(f) of the Oil Pollution Act of 1961, as amended (33 U.S.C. 1008), read as follows:

If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this Act or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or imprisonment for a term not exceeding 6 months, or both.

153.100 153.105

Purpose.

Procedure for notice of the discharge of oil.

SOURCE: The provisions of this Part 153 contained in CGFR 70-126, 35 F.R. 17944, Nov. 21, 1970, unless otherwise noted.

Subpart A-General

AUTHORITY: The provisions of this Subpart A issued under secs. 11(b) (5), 11(j) (2), 11 (m), 62 Stat. 1155; 33 U.S.C. 466, as amended; E.O. 11548, 35 F.R. 11167; 49 CFR 1.45(b), 35 F.R. 4959, 49 CFR 1.46(1) and (m), 35 F.R. 14509.

As used in this part, the following terms shall have the meanings indicated below.

(a) "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.

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

(c) "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.

(d) "Public vessel" means a vessel owned or bare-boat chartered and oper

ated 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.

(e) "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.

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

(g) "Person in charge" refers to supervisory personnel who have operational responsibility for the particular vessel or facility at the time of the discharge.

(h) "Contiguous zone” means the entire zone established or to be established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone.

(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.

§ 153.03 Delegations of authority.

(a) The Secretary of Transportation by 49 CFR 1.45(b), 1.46 (1) and (m) delegated to the Commandant, U.S. Coast Guard, with the authority to redelegate and authorize successive redelegations of that authority, the functions vested in him by subsection 11(b) (5) of the Federal Water Pollution Control Act (62 Stat. 1155; 33 U.S.C. 466), as amended by the Water Quality Improvement Act of 1970 (84 Stat. 91), and by sections 2 (b) and (d) of Executive Order 11548, 3 CFR, July 20, 1970.

(b) Each District Commander is delegated authority within his assigned District to:

(1) Assess the civil penalty prescribed by subsection 11(b) (5) of the Federal Water Pollution Control Act, as amended by the Water Quality Improvement Act of 1970, for the discharge of oil in harmful quantities into or upon the navigable waters of the United States, adjoining shorelines or the contiguous zone in violation of the Act, and

(2) Assess the civil penalty prescribed by subsection 11(j) (2) of the Act for violation of any regulation issued by the Commandant pursuant to subsections 11(j) (1) (C) and (D) of the Act.

(c) The District Commander may by specific order in writing redelegate to appropriate staff officers of his command the authority to assess civil penalties contained in paragraph. (b) (1) and (2) of this section.

(d) Any Coast Guard commissioned, warrant, and petty officer is authorized to enforce the provisions of section 11 of the Federal Water Pollution Control Act.

Subpart B-Notice of the Discharge of Oil

AUTHORITY: The provisions of this Subpart B issued under sec. 11(b)(4), 62 Stat. 1155; 33 U.S.C. 466, as amended; E.O. 11548, 35 F.R. 11677.

§ 153.100 Purpose.

(a) Subsection 11(b) (4) of the Federal Water Pollution Control Act (62 Stat. 1155; 33 U.S.C. 466), as amended by the Water Quality Improvement Act of 1970 (84 Stat. 91), requires that any person in charge of a vessel or of an onshore or offshore facility shall, as soon as he has knowledge of the discharge of oil from such vessel or facility into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities, as determined in accordance with the provisions of 18 CFR Part 610, immediately notify the appropriate agency of the U.S. Government of such discharge. By Executive Order 11548 (3 CFR, July 20, 1970), the President designated the Coast Guard as the "appropriate agency" for the purpose of receiving the notice of discharge of oil.

(b) The purpose of this subpart is to prescribe the manner in which the notice required by subsection 11(b) (4) of the Federal Water Pollution Control Act, as amended, is to be given and to list the appropriate Coast Guard officers and other government officials to receive such notice.

States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined in accordance with the provisions of 18 CFR Part 610, shall give immediate notice of such discharge by the most expeditious means available which includes the use, in order of priority, of telephone, radiotelephone, radio telecommunications, or other means of rapid communication.

(b) The notice required by paragraph (a) of this section shall be given to one of the following officials:

(1) The Commanding Officer or Officer-in-Charge of any Coast Guard unit in the vicinity of the discharge;

(2) The Commander of the Coast Guard District in which the discharge occurs. See the table in paragraph (d) of this section for a listing of States and their corresponding Coast Guard districts and the table in paragraph (e) of this section for the addresses and telephone numbers of each Coast Guard district office.

(3) The Federal Official designated in the applicable Regional Oil and Hazardous Materials Pollution Contingency Plan as the On-Scene Commander (OSC) for spill response purposes. A Regional Oil and Hazardous Material Pollution Contingency Plan is available at each Coast Guard district office and at the regional offices of the Federal Water Quality Administration (FWQA). See the table in paragraph (e) of this section for the location and addresses of the regional offices of the Federal Water Quality Administration.

(c) If, after reasonable effort, notice to one of the officials designated in paragraph (b) of this section cannot be given, the notice required by paragraph (a) of this section shall be given to one of the following officials:

(1) The Commandant, U.S. Coast Guard, 400 Seventh Street SW., Washington, D.C. 20591 (Telephone 202-4261830);

(2) The Regional Director of the Federal Water Quality Administration for the region in which the discharge occurs. See paragraph (e) of this section.

(d) Table 153.105 (d) (1) lists the Standard Administrative Regions of the States under the National Oil and Hazardous Materials Pollution Contingency Plan and the corresponding Coast Guard Districts and Federal Water Quality Administration Regions,