(a) No person may transport liquid petroleum oil in a packaging having a capacity of 3,500 gallons or more unless that person has a current basic written plan that:
(1) Sets forth the manner of response to discharges that may occur during transportation;
(2) Takes into account the maximum potential discharge of the contents from the packaging;
(3) Identifies private personnel and equipment available to respond to a discharge;
(4) Identifies the appropriate persons and agencies (including their telephone numbers) to be contacted in regard to such a discharge and its handling, including the National Response Center; and
(5) For each motor carrier, is retained on file at that person's principal place of business and at each location where dispatching of motor vehicles occurs; and for each railroad, is retained on file at that person's principal place of business and at the dispatcher's office.
(b) A railroad with a comprehensive plan in conformance with the requirements of subpart C of this part is not required to have a basic spill response plan for routes covered by the comprehensive plan.
(Approved by the Office of Management and Budget under control number 2137-0591)