---
kind: "section"
citation: "49 C.F.R. § 130.100"
title: "49"
number: "130.100"
heading: "Applicability of comprehensive oil spill response plans."
url: "https://uscodex.org/cfr/49/130.100"
---

# §130.100. Applicability of comprehensive oil spill response plans.

- (a) Railroads must have current, written comprehensive oil spill response plans (COSRPs) meeting the requirements of this subpart for any route or route segments used to transport either of the following:
  - (1) Any liquid petroleum oil or other non-petroleum oil subject to this part in a quantity greater than 42,000 gallons (1,000 barrels) per packaging; or
  - (2) A single train carrying 20 or more loaded tank cars of liquid petroleum oil in a continuous block or a single train carrying 35 or more loaded tank cars of liquid petroleum oil throughout the train consist.
    - (i) Tank cars carrying liquid petroleum oil products not meeting the criteria for Class 3 flammable or combustible material in [§ 173.120](/cfr/49/173.120.md) of this chapter, or containing residue as defined in [§ 171.8](/cfr/49/171.8.md) of this chapter, are not required to be included when determining the number of tank cars transporting liquid petroleum oil in [paragraph (a)(2)](#a-2) of this section.
    - (ii) [Reserved]
- (b) The requirements of this subpart do not apply if the oil being transported is otherwise excepted per [§ 130.2(c)](/cfr/49/130.2.md?p=c).
- (c) A railroad required to develop a response plan in accordance with this section may not transport applicable quantities of oil (including handling and storage incidental to transport) unless—
  - (1) The response plan is submitted, reviewed, and approved as required by [§ 130.150](/cfr/49/130.150.md) except as described in [paragraph (d)](#d) of this section; and
  - (2) **The railroad is operating in compliance with the response plan.**
- (d) A railroad required to develop a response plan in accordance with this section may continue to transport oil without an approval from PHMSA provided that all of the following criteria are met:
  - (1) The railroad submitted a plan in accordance with the requirements of [§ 130.150(a)](/cfr/49/130.150.md?p=a) within the previous two years;
  - (2) The submitted plan includes the certification in [§ 130.130](/cfr/49/130.130.md);
  - (3) The railroad is operating in compliance with the submitted plan; and
  - (4) PHMSA has not issued a final decision that all or part of the plan does not meet the requirements of this subpart.

## Notes

### Source

Source: 84 FR 6948, Feb. 28, 2019, unless otherwise noted.

### Authority

Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.

### Source

Source: Amdt. 130-2, 61 FR 30541, June 17, 1996, unless otherwise noted.