§ 155.4050. Ensuring that the salvors and marine firefighters are adequate.
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/us/cfr/t33/s§ 155.4050·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)You are responsible for determining the adequacy of the resource providers you intend to include in your plan.
(b)When determining adequacy of the resource provider, you must select a resource provider that meets the following selection criteria to the maximum extent possible:
(1)Resource provider is currently working in response service needed.
(2)Resource provider has documented history of participation in successful salvage and/or marine firefighting operations, including equipment deployment.
(3)Resource provider owns or has contracts for equipment needed to perform response services.
(4)Resource provider has personnel with documented training certification and degree experience (Naval Architecture, Fire Science, etc.).
(5)Resource provider has 24-hour availability of personnel and equipment, and history of response times compatible with the time requirements in the regulation.
(6)Resource provider has on-going continuous training program. For marine firefighting providers, they meet the training guidelines in NFPA 1001, 1005, 1021, 1405, and 1561 (Incorporation by reference, see § 155.140), show equivalent training, or demonstrate qualification through experience.
(7)Resource provider has successful record of participation in drills and exercises.
(8)Resource provider has salvage or marine firefighting plans used and approved during real incidents.
(9)Resource provider has membership in relevant national and/or international organizations.
(10)Resource provider has insurance that covers the salvage and/or marine firefighting services which they intend to provide.
(11)Resource provider has sufficient up front capital to support an operation.
(12)Resource provider has equipment and experience to work in the specific regional geographic environment(s) that the vessel operates in (e.g., bottom type, water turbidity, water depth, sea state and temperature extremes).
(13)Resource provider has the logistical and transportation support capability required to sustain operations for extended periods of time in arduous sea states and conditions.
(14)Resource provider has the capability to implement the necessary engineering, administrative, and personal protective equipment controls to safeguard the health and safety of their workers when providing salvage and marine firefighting services.
(15)Resource provider has familiarity with the salvage and marine firefighting protocol contained in the local ACPs for each COTP area for which they are contracted.
(c)A resource provider need not meet all of the selection criteria in order for you to choose them as a provider. They must, however, be selected on the basis of meeting the criteria to the maximum extent possible.
(d)You must certify in your plan that these factors were considered when you chose your resource provider.