Last updated on April 30th, 2024 at 11:42 pm
BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register document number. CG = Coast Guard. EM = Electrician’s Mate. LS = Lightship. NC = Flag hoist meaning, “I am in distress and require immediate assistance.” NCG = Call letters for any Coast Guard Shore Radio Station. OAN = Aids to Navigation Division. PTP = Training and Procurement. U.S.C.G. = United States Coast Guard.
CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
SUBCHAPTER L—WATERFRONT FACILITIES
PART 125—IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS TO WATERFRONT FACILITIES OR VESSELS
§ 125.01 Commandant.
The term Commandant means Commandant of the Coast Guard.
§ 125.03 District Commander.
The term District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District.
§ 125.05 Captain of the Port.
The term Captain of the Port means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within the general proximity of the port in which he is situated.
§ 125.06 Western rivers.
The term western rivers as used in the regulations in this subchapter shall include only the Red River of the North, the Mississippi River and its tributaries above the Huey P. Long Bridge, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway.
§ 125.07 Waterfront facility.
The term waterfront facility as used in this subchapter, means all piers, wharves, docks, and similar structures to which vessels may be secured, buildings on such structures or contiguous to them, and equipment and materials on such structures or in such buildings.
§ 125.08 Great Lakes.
The term Great Lakes as used in the regulations in this subchapter shall include the Great Lakes and their connecting and tributary waters.
§ 125.09 Identification credentials.
The term Identification credentials as used in this subchapter, means any of the following:
(a) Coast Guard Port Security Card (Form CG 2514).
(b) Merchant Mariner’s Document.
(c) Armed Forces Identification Card.
(d) Identification credentials issued by Federal Law enforcement and intelligence agencies to their officers and employees (e. g., Department of the Treasury, Department of Justice, Federal Communications Commission).
(e) Identification credentials issued to public safety officials (e. g., police, firemen) when acting within the scope of their employment.
(f) Transportation Worker Identification Credential.
(g) Such other identification as may be approved by the Commandant from time to time.
§ 125.11 Form of Coast Guard Port Security Card.
The Coast Guard Port Security Card issued by the Coast Guard under the provisions of this subchapter shall be a laminated card bearing photograph, signature, fingerprint, and personal description of the holder, and other pertinent data.
§ 125.12 Period of validity of Coast Guard Port Security Cards.
(a) The Coast Guard Port Security Card (Form CG-2514) shall be valid for a period of eight years from the date of issuance thereof unless sooner suspended or revoked by proper authority. On the first day after eight years from the date of issuance, the Coast Guard Port Security Card (Form CG-2514) is hereby declared invalid and shall be considered null and void for all purposes.
(b) The holder of a Coast Guard Port Security Card, which is about to expire or has expired, may apply for a new Coast Guard Port Security Card in accordance with the procedures set forth in § 125.21. In the event the applicant’s Coast Guard Port Security Card has expired, such card shall accompany the application for a new Coast Guard Port Security Card. In the event the applicant is holding a valid Coast Guard Port Security Card at the time he submits his application for a new card, such person shall surrender the old or expired Coast Guard Port Security Card at the time he is issued a new Coast Guard Port Security Card. In the event the old Coast Guard Port Security Card was lost, stolen, or destroyed, then the applicant shall comply with the provisions in § 125.51, regarding the replacement of a lost Coast Guard Port Security Card and the new card issued as a replacement for a lost card which has expired or is about to expire shall bear a current issuance date.
§ 125.13 Captain of the Port Identification Cards.
Captain of the Port Identification Cards issued under the form designation “Form CG 2514” prior to the revision of August 1950 were declared invalid by a notice published in the
§ 125.15 Access to waterfront facilities, and port and harbor areas, including vessels and harbor craft therein.
(a) The Commandant will, from time to time, direct Captains of the Port of certain ports to prevent access of persons who do not possess one or more of the identification credentials listed in § 125.09 to those waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, where the following shipping activities are conducted:
(1) Those vital to the Military Defense Assistance Program.
(2) Those pertaining to the support of U.S. military operations.
(3) Those pertaining to loading and unloading explosives and other dangerous cargo.
(4) Those essential to the interests of national security and defense, to prevent loss, damage or injury, or to insure the observance of rights and obligations of the United States.
(b) No person who does not possess one of the identification credentials aforesaid shall enter or remain in such facilities, or port or harbor areas, including vessels and harbor craft therein.
(c) The Captain of the Port shall give local public notice of the restriction of access to waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, as far in advance as practicable, and shall cause such facilities and areas to be suitably marked as to such restriction.
§ 125.17 Persons eligible for Coast Guard Port Security Cards.
(a) Only the following persons may be issued Coast Guard Port Security Cards:
(1) Persons regularly employed on vessels or on waterfront facilities.
(2) Persons having regular public or private business connected with the operation, maintenance, or administration of vessels, their cargoes, or waterfront facilities.
(b) A holder of a Merchant Mariner’s Document shall not be issued a Port Security Card, unless his Merchant Mariner’s Document is surrendered to the Coast Guard. In this connection, see § 125.09.
§ 125.19 Standards.
Information concerning an applicant for a Coast Guard Port Security Card, or a holder of such card, which may preclude a determination that his character and habits of life are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, shall relate to the following:
(a) Advocacy of the overthrow or alteration of the Government of the United States by unconstitutional means.
(b) Commission of, or attempts or preparations to commit, an act of espionage, sabotage, sedition or treason, or conspiring with, or aiding or abetting another to commit such an act.
(c) Performing, or attempting to perform, duties or otherwise acting so as to serve the interests of another government to the detriment of the United States.
(d) Deliberate unauthorized disclosure of classified defense information.
(e) [Reserved]
(f) Having been adjudged insane, having been legally committed to an insane asylum, or treated for serious mental or neurological disorder, without evidence of cure.
(g) Having been convicted of any of the following offenses, indicative of a criminal tendency potentially dangerous to the security of such waterfront facilities and port and harbor areas, including vessels and harbor craft therein; arson, unlawful trafficking in drugs, espionage, sabotage, or treason.
(h) Drunkenness on the job or addiction to the use of narcotic drugs, without adequate evidence of rehabilitation.
(i) Illegal presence in the United States, its territories or possessions; having been found finally subject to deportation order by the United States Immigration and Naturalization Service.
§ 125.21 Applications.
(a)(1) Application for a Coast Guard Port Security Card shall be made under oath in writing and shall include applicant’s answers in full to inquiries with respect to such matters as are deemed by the Commandant to be pertinent to the standards set forth in § 125.19, and to be necessary for a determination whether the character and habits of life of the applicant are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States.
(2) The application also shall include applicant’s complete identification, citizenship record, personal description, military record, if any, and a statement of the applicant’s sponsor certifying the applicant’s employment or union membership and that applicant’s statements are true and correct to the best of sponsor’s knowledge.
(3) The application shall be accompanied by two unmounted, dull finish photographs, 1 inch × 1
(4) Fingerprint records on each applicant shall be taken by the Coast Guard at the time application is submitted.
(5) The applicant shall present satisfactory proof of his citizenship.
(6) The applicant shall indicate the address to which his Coast Guard Port Security Card can be delivered to him by mail. Under special circumstances the applicant may arrange to call in person for the Coast Guard Port Security Card.
(7) The applicant shall present his application, in person, to a Coast Guard Port Security Unit designated to receive such applications. Such units will be located in or near each port where Coast Guard Port Security Cards are required. Each Captain of the Port shall forward promptly to the Commandant each application for a Coast Guard Port Security Card received by him.
(b) If an applicant fails or refuses to furnish the required information or to make full and complete answer with respect to all matters of inquiry, the Commandant shall hold in abeyance further consideration of the application, and shall notify the applicant that further action will not be taken unless and until the applicant furnishes the required information and fully and completely answers all inquiries directed to him.
§ 125.23 United States citizens.
Acceptable evidence of United States citizenship is described in this section in the order of its desirability; however, the Coast Guard will reject any evidence not believed to be authentic;
(a) Birth certificate or certified copy thereof.
(b) Certificate of naturalization. This shall be presented by all persons claiming citizenship through naturalization.
(c) Baptismal certificate or parish record recorded within one year after birth.
(d) Statement of a practicing physician certifying that he attended the birth and that he has a record in his possession showing the date and place of birth.
(e) United States passport.
(f) A commission in one of the armed forces of the United States, either regular or reserve; or satisfactory documentary evidence of having been commissioned in one of the armed forces subsequent to January 1, 1936, provided such commission or evidence shows the holder to be a citizen.
(g) A continuous discharge book, or Merchant Mariner’s Document issued by the Coast Guard which shows the holder to be a citizen of the United States.
(h) If an applicant claiming to be a citizen of the United States submits a delayed certificate of birth issued under a State’s seal, it may be accepted as prima facie evidence of citizenship if no one of the requirements in paragraphs (a) through (g) of this section can be met by the applicant and in the absence of any collateral facts indicating fraud in its procurement.
(i) If no one of the requirements in paragraphs (a) through (h) of this section can be met by the applicant, he should make a statement to that effect, and in an attempt to establish citizenship, he may submit for consideration data of the following character:
(1) Report of the Census Bureau showing the earliest record of age or birth available. Request for such information should be addressed to the Director of the Census, Suitland, Md. 20233. In making such request, definite information must be furnished the Census Bureau as to the place of residence when the first census was taken after the birth of the applicant, giving the name of the street and the number of the house, or other identification of place where living, etc.; also names of parents or the names of other persons with whom residing on the date specified.
(2) School records, immigration records, or insurance policies (the latter must be at least 10 years old).
§ 125.25 Aliens.
Alien registration records together with other papers and documents which indicated the country of which the applicant is a citizen shall be accepted as evidence of citizenship in a foreign nation.
§ 125.27 Sponsorship of applicant.
Applications for a Coast Guard Port Security Card shall not be accepted unless sponsored. The applicant shall be sponsored by an authorized official of applicant’s employer or by an authorized official of applicant’s labor union. Each company and each labor union concerned shall file with the appropriate Captain of the Port a list of officials of the company or union who are authorized to sponsor applicants. Other sponsorship may be accepted where the circumstances warrant.
§ 125.29 Insufficient information.
(a)(1) If, in the judgment of the Commandant, an application does not contain sufficient information to enable him to satisfy himself that the character and habits of life of the applicant are such to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft herein, would not be inimical to the security of the United States, the Commandant may require the applicant to furnish, under oath in writing or orally, such further information as he deems pertinent to the standards set forth in § 125.19 and necessary to enable him to make such a determination.
(2) If an applicant fails or refuses to furnish such additional information, the Commandant shall hold in abeyance further consideration of the application, and shall notify the applicant that further action will not be taken unless and until the applicant furnishes such information.
(b) Upon receipt, the application and such further information as the Commandant may have required shall be referred, except in those instances where action on an application is held in abeyance pursuant to § 125.21(b) or to paragraph (a)(2) of this section, to a committee composed of a representative of the Legal Division, of the Merchant Vessel Personnel Division and of the Intelligence Division, Coast Guard Headquarters. The committee shall prepare an analysis of the available information and shall make recommendations for action by the Commandant.
§ 125.31 Approval of applicant by Commandant.
(a) If the Commandant is satisfied that the character and habits of life of the applicant are not such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would be inimical to the security of the United States, he will direct that a Coast Guard Port Security Card be issued to the applicant.
(b) If the Commandant is not satisfied that the character and habits of life of the applicant are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he will notify the applicant in writing as provided for in § 125.35.
§ 125.33 Holders of Coast Guard Port Security Cards.
(a) Whenever the Commandant is not satisfied that the character and habits of life of a holder of a Coast Guard Port Security Card are such as to warrant the belief that his presence on waterfront facilities and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he will request the holder to furnish, under oath in writing, such information as he deems pertinent and necessary for a determination on this issue.
(b) If the holder fails or refuses to furnish such information within thirty (30) days after receipt of the Commandant’s request, the Commandant may issue the written notice provided for in § 125.35(a).
(c) The holder’s failure or refusal to furnish such information shall preclude a determination that the holder’s character and habits of life are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States.
(d) Upon receipt of such information as the Commandant may have required, the procedure prescribed in § 125.29(b) shall be followed.
(e) If the Commandant is satisfied that the character and habits of life of the holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall notify the holder accordingly.
(f) If the Commandant is not satisfied that the character and habits of life of the holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall notify the holder in writing as provided for in § 125.35.
§ 125.35 Notice by Commandant.
(a) The notice provided for in §§ 125.31 and 125.33 shall contain a statement of the reasons why the Commandant is not satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States. Such notice shall be as specific and detailed as the interests of national security shall permit and shall include pertinent information such as names, dates, and places in such detail as to permit reasonable answer.
(b) The applicant or holder shall have 20 days from the date of receipt of the notice of reasons to file written answer thereto. Such answer may include statements or affidavits by third parties or such other documents or evidence as the applicant or holder deems pertinent to the matters in question.
(c) Upon receipt of such answer the procedure prescribed in § 125.29(b) shall be followed.
(d) If the Commandant is satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall, in the case of an applicant, direct that a Coast Guard Port Security Card be issued to the applicant, or, in the case of a holder, notify him accordingly.
(e) If the Commandant is not satisfied that the applicant’s or holder’s character and habits of life are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, the Commandant shall refer the matter to a Hearing Board for hearing and recommendation in accordance with the provisions of this part.
§ 125.37 Hearing Boards.
The Commandant may establish a Hearing Board in each Coast Guard District. The Commandant shall designate for each Hearing Board a Chairman, who shall be, so far as practicable, an officer of the Coast Guard. The Commandant shall designate, so far as practicable, a second member from a panel of persons representing labor named by the Secretary of Labor, and a third member from a panel of persons representing management named by the Secretary of Labor.
§ 125.39 Notice by Hearing Board.
Whenever the Commandant refers a matter to a Hearing Board, the Chairman shall:
(a) Fix the time and place of the hearing;
(b) Inform the applicant or holder of the names of the members of the Hearing Board, their occupations, and the businesses or organizations with which they are affiliated, of his privilege of challenge, and of the time and place of the hearing;
(c) Inform the applicant or holder of his privilege to appear before the Hearing Board in person or by counsel or representative of his choice, and to present testimonial and documentary evidence in his behalf, and to cross-examine any witnesses appearing before the Board; and
(d) Inform the applicant or holder that if within 10 days after receipt of the notice he does not request an opportunity to appear before the Hearing Board, either in person or by counsel or representative, the Hearing Board will proceed without further notice to him.
§ 125.41 Challenges.
Within five days after receipt of the notice described in § 125.39 the applicant or holder may request disqualification of any member of the Hearing Board on the grounds of personal bias or other cause. The request shall be accompanied by an affidavit setting forth in detail the facts alleged to constitute grounds for disqualification. The affidavit may be supplemented by an oral presentation if desired. If after due consideration the Chairman believes a challenged member is qualified notwithstanding the challenge, he shall notify the person who made the challenge and arrange to proceed with the hearing. If the person who made the challenge takes exception to the ruling of the Chairman, the exception and data relating to the claim of disqualification shall be made a matter of record. If the Chairman finds that there is reasonable ground for disqualification he shall furnish the person who made the challenge with the name of an alternate in lieu of the challenged member and arrange to proceed with the hearing. In the event the Chairman is challenged, he shall forthwith notify the Commandant, furnishing the grounds for the claim of disqualification, and the Commandant shall act upon the challenge in accordance with the foregoing procedure. In addition to the right to challenge for cause, a person who has requested a hearing shall have two peremptory challenges, one challenge for the management member and one challenge for the labor member of the Hearing Board. Should the management member be so challenged, the person who made the challenge may elect to have the management member replaced by another management member or by a member not representing either management or labor; if the member peremptorily challenged represents labor, the person who made the challenge may elect to have the labor member replaced by another labor member or by a member not representing either management or labor.
§ 125.43 Hearing procedure.
(a) Hearings shall be conducted in an orderly manner and in a serious, businesslike atmosphere of dignity and decorum and shall be expedited as much as possible.
(b) The hearing shall be in open or closed session at the option of the applicant or holder.
(c) Testimony before the Hearing Board shall be given under oath or affirmation.
(d) The Chairman of the Hearing Board shall inform the applicant or holder of his right to:
(1) Participate in the hearing;
(2) Be represented by counsel of his choice;
(3) Present witnesses and offer other evidence in his own behalf and in refutation of the reasons set forth in the Notice of the Commandant; and
(4) Cross-examine any witnesses offered in support of such reasons.
(e) Hearings shall be opened by the reading of the Notice of the Commandant and the answer thereto. Any statement and affidavits filed by the applicant or holder may be incorporated in the record by reference.
(f) The Hearing Board may, in its discretion, invite any person to appear at the hearing and testify. However, the Board shall not be bound by the testimony of such witness by reason of having called him and shall have full right to cross-examine the witness. Every effort shall be made to produce material witnesses to testify in support of the reasons set forth in the Notice of the Commandant, in order that such witnesses may be confronted and cross-examined by the applicant or holder.
(g) The applicant or holder may introduce such evidence as may be relevant and pertinent. Rules of evidence shall not be binding on the Hearing Board, but reasonable restrictions may be imposed as to the relevancy, competency and materiality of matters considered. If the applicant or holder is, or may be, handicapped by the non-disclosure to him of confidential sources, or by the failure of witnesses to appear, the Hearing Board shall take the fact into consideration.
(h) The applicant or holder or his counsel or representative shall have the right to control the sequence of witnesses called by him.
(i) The Hearing Board shall give due consideration to documentary evidence developed by investigation, including membership cards, petitions bearing the applicant’s or holder’s signature, books, treatises or articles written by the applicant or holder and testimony by the applicant or holder before duly constituted authority.
(j) Complete verbatim stenographic transcription shall be made of the hearing by qualified reporters and the transcript shall constitute a permanent part of the record. Upon request, the applicant or holder or his counsel or representative shall be furnished, without cost, a copy of the transcript of the hearing.
(k) The Board shall reach its conclusion and base its determination on information presented at the hearing, together with such other information as may have been developed through investigation and inquiries or made available by the applicant or holder.
(l) If the applicant or holder fails, without good cause shown to the satisfaction of the chairman, to appear personally or to be represented before the Hearing Board, the Board shall proceed with consideration of the matter.
(m) The recommendation of the Hearing Board shall be in writing and shall be signed by all members of the Board. The Board shall forward to the Commandant, with its recommendation, a memorandum of reasons in support thereof. Should any member be in disagreement with the majority a dissent should be noted setting forth the reasons therefor. The recommendation of the Board, together with the complete record of the case, shall be sent to the Commandant as expeditiously as possible.
§ 125.45 Action by Commandant.
(a) If, upon receipt of the Board’s recommendation, the Commandant is satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall, in the case of an applicant, direct that a Coast Guard Port Security Card be issued to the applicant, or, in the case of a holder, notify him accordingly.
(b) If, upon receipt of the Board’s recommendation, the Commandant is not satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, the Commandant shall:
(1) In the case of an applicant, notify him that a Coast Guard Port Security Card will not be issued to the applicant, or,
(2) In the case of a holder, revoke and require the surrender of his Coast Guard Port Security Card.
(c) Such applicant or holder shall be notified of his right, and shall have 20 days from the receipt of such notice within which, to appeal under this part.
§ 125.47 Appeals.
(a) The Commandant shall establish at Coast Guard Headquarters, Washington, DC, an Appeal Board to hear appeals provided for in this part. The Commandant shall designate for the Appeal Board a Chairman, who shall be so far as practicable, an officer of the Coast Guard. The Commandant shall designate, so far as practicable, a member from a panel of persons representing management nominated by the Secretary of Labor, and a member from a panel of persons representing labor nominated by the Secretary of Labor. The Commandant shall insure that persons designated as Appeal Board members have suitable security clearance. The Chairman of the Appeal Board shall make all arrangements incident to the business of the Appeal Board.
(b) If an applicant or holder appeals to the Appeal Board within 20 days after receipt of notice of his right to appeal under this part, his appeal shall be handled under the same procedure as that specified in § 125.39, and the privilege of challenge may be exercised through the same procedure as that specified in § 125.41.
(c) Appeal Board proceedings shall be conducted in the same manner as that specified in § 125.43.
§ 125.49 Action by Commandant after appeal.
(a) If, upon receipt of the Appeal Board’s recommendation, the Commandant is satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall, in the case of an applicant, direct that a Coast Guard Port Security Card be issued to the applicant, or in the case of a holder, notify him accordingly.
(b) If, upon receipt of the Appeal Board’s recommendation, the Commandant is not satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, the Commandant shall notify the applicant or holder that his appeal is denied.
§ 125.51 Replacement of lost Coast Guard Port Security Card.
(a) Any person whose Coast Guard Port Security Card has been stolen, lost, or destroyed shall report that fact to a Coast Guard Port Security Unit or Captain of the Port as soon thereafter as possible.
(b) A person who has lost a Coast Guard Port Security Card may apply for a replacement card by submitting “An Application for Replacement of Lost Port Security Card” (Form CG 2685A) to a Coast Guard Port Security Unit. A replacement will be issued only after a full explanation of the loss of the Coast Guard Port Security Card is made in writing to the Coast Guard and after a full check is made and authorization is granted by the Commandant.
(c) Any person to whom a Coast Guard Port Security Card has been issued as a replacement for a lost card, shall immediately surrender the original card to the nearest Coast Guard Port Security Unit or Captain of the Port if the original card should be recovered.
(a) Every person desiring access to vessels, except public vessels, falling within any of the categories listed below, as a master, person in charge, or member of the crew thereof, shall be required to be in possession of one of the identification credentials listed in § 125.09.
(1) Towing vessels, barges, and lighters operating in the navigable waters of the continental United States other than the Great Lakes and Western Rivers.
(2) Harbor craft, such as water taxis, junk boats, garbage disposal boats, bum boats, supply boats, repair boats, and ship cleaning boats, which in the course of their normal operations service or contact vessels, foreign or domestic, public or merchant, in the navigable waters of the continental United States other than the Great Lakes and Western Rivers.
(b) The term “master, person in charge, or member of the crew” shall be deemed to include any person who serves on board in any capacity concerned with the operation, maintenance, or administration of the vessel or its cargo.
(c) Where the Coast Guard Port Security Card (Form CG 2514) is to be used as the identification required by paragraph (a) of this section, application for such card may be made immediately by the persons concerned. The issuance of the Coast Guard Port Security Card shall be in the form and manner prescribed by § 125.11.
(d) At the discretion of the District Commander any person desiring access to vessels of the categories named in this section, who may be required by the provisions hereof to possess identification credentials, may be furnished a letter signed by the District Commander or the Captain of the Port and this letter shall serve in lieu of a Coast Guard Port Security Card and will authorize such access for a period not to exceed 60 days, and such a letter issued shall be deemed to be satisfactory identification within the meaning of § 125.09. The issuance of the letter shall be subject to the following conditions:
(1) The services of the person are necessary to avoid delay in the operation of the vessel;
(2) The person does not possess one of the identification credentials listed in § 125.09.
(3) The person has filed his application for a Coast Guard Port Security Card or submits his application before the letter is issued; and,
(4) The person has been screened by the District Commander or Captain of the Port and such officer is satisfied concerning the eligibility of the applicant to receive a temporary letter.
§ 125.55 Outstanding Port Security Card Applications.
A person who has filed an application for a Coast Guard Port Security Card and who did not receive such a document prior to May 1, 1956, shall submit a new application in accordance with the requirements of this part.
§ 125.57 Applications previously denied.
A person who has been denied a Coast Guard Port Security Card before May 1, 1956, may file a new application for such a document in accordance with the requirements of this part.
PART 126—HANDLING OF DANGEROUS CARGO AT WATERFRONT FACILITIES
§ 126.1 What does this part apply to?
This part applies to waterfront facilities handling packaged and bulk-solid dangerous cargo and to vessels at those facilities.
§ 126.3 Definitions.
As used in this part—
Break-bulk means packages that are handled individually, palletized, or unitized for purposes of transportation, as opposed to materials in bulk and containerized freight.
Bulk means without mark or count and directly loaded or unloaded to or from a hold or tank on a vessel without the use of containers or break-bulk packaging.
Captain of the port or COTP means the officer of the Coast Guard, under the command of a District Commander, is designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within an assigned area.
Cargo of particular hazard means any of the following:
(1) Division 1.1 and 1.2 explosives, as defined in 49 CFR 173.50, for which a permit is required under 33 CFR 126.17.
(2) Ammonium nitrate products, division 5.1 (oxidizing) materials listed in 49 CFR 176.410, for which a permit is required under 49 CFR 176.415.
(3) Division 4.3 dangerous when wet products as defined in 49 CFR 173.124, in excess of 60 mt.
(4) Division 2.3 and 6.1 poison inhalation hazard products as defined in 49 CFR 173.115 and 173.132, respectively.
(5) Class 7 highway route controlled quantity radioactive material or fissile material, controlled shipment, as defined in 49 CFR 173.403.
Commandant means the Commandant of the United States Coast Guard.
Container means a reusable container that has a volume of 1.81 cubic meters (64 cubic feet) or more, is designed and constructed to permit being lifted with its contents intact, and is intended primarily for containment of packages (in unit form) during transportation.
Dangerous cargo means all hazardous materials listed in 49 CFR parts 170 through 179, except those materials preceded by an “A” in the Hazardous Materials Table in 49 CFR 172.101, and all cargo listed in 46 CFR part 148.
Designated dangerous cargo means Division 1.1 and 1.2 explosives as defined in 49 CFR 173.50.
Designated waterfront facility means a waterfront facility designated under § 126.13 for the handling, storing, loading, and discharging of any hazardous material(s) subject to the Dangerous Cargoes Regulations (49 CFR parts 170 through 179), except for those materials preceded by an “A” in the Hazardous Materials Table in 49 CFR 172.101 and for those materials carried as bulk liquids.
Facility of particular hazard means a designated waterfront facility that is authorized to handle a cargo of particular hazard.
Facility operator means the person or company who owns, operates, or is responsible for the operation of a waterfront facility.
Net tons means net weight in tons.
Net weight, in reference to material in a package, tank, or container, means the weight of the contents of a package, tank, or container and does not include the weight of any packaging material or containing devices.
Transport unit means a transport vehicle or a container.
Waterfront facility means all piers, wharves, and similar structures to which a vessel may be secured; areas of land, water, or land and water under and in the immediate proximity to these structures; buildings on or contiguous to these structures; and the equipment and materials on or in these structures or buildings. The term does not include facilities directly operated by the Department of Defense.
§ 126.5 Incorporation by reference: Where can I get a copy of the publications mentioned in this part?
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, we must publish a notice of change in the
(b) The materials approved for incorporation by reference in this part, and the sections affected, are as follows:
| ASTM F1121-87 (Reapproved 2010), Standard Specification for International Shore Connections for Marine Fire Applications, (approved March 1, 2010) | 126.15 |
| NFPA 10, Standard for Portable Fire Extinguishers, 1998 Edition | 126.15 |
| NFPA 13, Standard for the Installation of Sprinkler Systems, 1996 Edition | 126.15 |
| NFPA 14, Standard for the Installation of Standpipe and Hose Systems, 1996 Edition | 126.15 |
| NFPA 30, Flammable and Combustible Liquids Code, 1996 | 126.15 |
| NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding Processes, 1994 Edition | 126.30 |
| NFPA 70, National Electrical Code, 1996 | 126.15 |
| NFPA 307, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves, 1995 Edition | 126.15 |
Whenever the Commandant, the District Commander, or the Captain of the Port finds that the application of any provisions contained in §§ 126.15 and 126.16 is not necessary to the safety or security of the port and vessels and waterfront facilities therein, or that its application is not practical because of local conditions or because the materials or personnel required for compliance are not available, or because the requirements of the national defense justify a departure from such provision, the Commandant, the District Commander, or the Captain of the Port may waive compliance with such provision, to the extent and under such requirements as they determine.
§ 126.12 How do I request the use of an alternative method of complying with a requirement in this part?
(a) An owner or operator of a waterfront facility may request that the COTP allow the use of an alternative method of complying with a requirement in this part.
(b) The request must establish, to the COTP’s satisfaction—
(1) That compliance with the requirement is economically or physically impractical; and
(2) That the alternative requested provides an equivalent or greater level of safety.
(c) The COTP examines the request and provides an answer, in writing, within 30 days of receipt of the request.
§ 126.13 Designation of waterfront facilities.
(a) Waterfront facilities which fulfill the conditions required in § 126.15, unless waived under provisions of § 126.11, and only such waterfront facilities are designated for the handling, storing, stowing, loading, discharging, or transporting of dangerous cargo, subject to compliance with other applicable requirements and provisions set forth in this part.
(b) Handling, storing, stowing, loading, discharging, or transporting dangerous cargo at any waterfront facility other than one designated by this section is hereby prohibited, and violation of this prohibition will subject the violator to the civil or criminal penalties provided in 46 U.S.C. 70036.
§ 126.15 What conditions must a designated waterfront facility meet?
(a) All designated waterfront facilities must meet the following:
(1) Fire extinguishing equipment. Fire extinguishing equipment, such as automatic sprinklers, hydrants, hose connections, and firefighting water supplies must be available and maintained in adequate quantities and locations. Fire extinguishing equipment must meet State and local laws. In the absence of applicable State and local laws, fire extinguishing equipment must meet NFPA 10, 13, 14, and 307. (Incorporated by reference, see § 126.5.)
(2) Fire appliances. The location of all fire appliances, such as hydrants, standpipes, hose stations, fire extinguishers, and fire alarm boxes must be conspicuously marked and readily accessible according to NFPA 10, 13, 14, and 307.
(3) Warning signs. Warning signs must be constructed and installed according to NFPA 307, chapter 7-8.7.
(4) Lighting. If the facility transfers dangerous cargo between sunset and sunrise, it must have outdoor lighting that adequately illuminates the transfer work area. The lighting must be installed and maintained according to NFPA 70 (Incorporated by reference, see § 126.5.) and must be located or shielded so that it cannot be mistaken for an aid to navigation and does not interfere with navigation on waterways.
(5) International shore connection. If the facility conducts cargo operations involving foreign-flag vessels, the facility must have an international shore connection meeting ASTM F-1121. (Incorporated by reference, see § 126.5.)
(6) Access to the facility. Whenever dangerous cargo is transferred or stored on the facility, access to the facility must be limited to—
(i) Personnel working on the facility or vessel;
(ii) Delivery and service personnel authorized to conduct their business;
(iii) Coast Guard and other Federal, State, and local officials;
(iv) Local emergency personnel, such as police officers and firemen; and
(v) Other persons authorized by the owner or operator of the facility.
(7) Security measures. Guards must be stationed, or equivalent controls acceptable to the COTP must be used, to deter and detect unlawful entrance; to detect and report fire hazards, fires, and releases of dangerous cargoes and hazardous materials; to check the readiness of protective equipment; and to report other emergency situations at the facility.
(8) Coast Guard personnel. At any time, Coast Guard personnel must be allowed to enter the facility to conduct inspections or board vessels moored at the facility.
(9) Material handling equipment, trucks, and other motor vehicles. When dangerous cargo is being transferred or stored on the facility, material handling equipment, trucks, and other motor vehicles operated by internal combustion engines must meet the requirements of NFPA 307, chapter 9.
(10) Smoking. Smoking is allowed on the facility where permitted under State or local law. Signs must be posted marking authorized smoking areas. “No Smoking” signs must be conspicuously posted elsewhere on the facility.
(11) Rubbish and waste material. All rubbish, debris, and waste materials must be placed in adequate receptacles.
(12) Adequacy of equipment, materials, and standards. The COTP may determine that any equipment, material, or standard is not reasonably adequate under the circumstances. If so, the COTP informs the owner or operator in writing and provides an opportunity for the owner or operator to have the deficiency corrected.
(b) All designated waterfront facilities that handle dangerous cargo, not in transport units, must also meet the following:
(1) Arrangement of cargo, freight, merchandise, or material. Cargo, freight, merchandise, and other items or material on the facility must be arranged to provide access for firefighting and clearance for fire prevention according to NFPA 307, chapter 8-5.
(2) Portable fire extinguishers. Each facility must have and maintain, in adequate quantities and locations, portable fire extinguishers that meet the requirements of NFPA 10. These extinguishers must be inspected and maintained in accordance with NFPA 10.
(3) Electrical systems. All new electrical equipment and wiring installed on the facility must be of the same type and installed as specified under NFPA 70. All defective or dangerous electrical equipment and wiring must be promptly repaired, replaced, or permanently disconnected.
(4) Heating equipment and other sources of ignition. Open fires and open-flame lamps are prohibited on the facility. Heating equipment must meet NFPA 307, chapter 9-4.
(5) Maintenance stores and supplies. Hazardous material(s) used in the operation or maintenance of the facility may be stored only in amounts necessary for normal operating conditions. These materials must be stored in compartments that are remote from combustible material; constructed to provide safe storage; and kept clean and free of scrap materials, empty containers, soiled wiping rags, waste, and other debris. Flammable liquids must be stored according to NFPA 30, chapter 4. (Incorporated by reference, see § 126.5.)
(c) All designated waterfront facilities that handle dangerous cargo in transport units must also meet the following:
(1) Terminal yards. Terminal yards must conform to the standards in NFPA 307, chapter 5.
(2) Containers. Containers packed with dangerous cargo that are vertically stacked must be stacked no more than four high.
§ 126.16 Conditions for designating a “facility of particular hazard.”
(a) Basic requirements. The facility shall comply with all the conditions in § 126.15 except where specifically waived by § 126.11.
(b) Warning alarms. Warning alarms shall be installed at the waterside of such a facility to warn approaching or transiting water traffic of immediate danger in the event of fire or cargo release. Warning alarms shall be of the siren type, or the emergency rotating flashing light type, and be of sufficient intensity to be heard, or seen, a distance of 1 mile during normal facility working conditions. The alarm signal shall not conflict with local municipal prescription.
§ 126.17 Permits required for handling designated dangerous cargo.
Designated dangerous cargo may be handled, loaded, discharged, or transported at any designated waterfront facility only if a permit therefor has been issued by the Captain of the Port. This permit requirement may be waived, at the discretion of the Captain of the Port, when such cargoes are contained within railroad cars or highway vehicles which are moved on or across a waterfront facility used primarily for the transfer of railroad cars or highway vehicles to or from a railroad or highway vehicle ferry or carfloat; provided such designated cargoes are not removed from, or placed in, the railroad car or highway vehicle while it is in or on such waterfront facility.
§ 126.19 Issuance of permits for handling designated dangerous cargo.
Upon the application of the owners or operators of a designated waterfront facility or of their authorized representatives, the Captain of the Port is authorized to issue a permit for each transaction of handling, loading, discharging, or transporting designated dangerous cargo at such waterfront facility provided the following requirements are met:
(a) The facility shall comply in all respect with the regulations in this subchapter.
(b) The quantity of designated dangerous cargo, except Class 1 (explosive) materials shipped by or for the Armed Forces of the United States, on the waterfront facility and vessels moored thereto shall not exceed the limits as to maximum quantity, isolation and remoteness established by local, municipal, territorial, or State authorities. Each permit issued under these conditions shall specify that the limits so established shall not be exceeded.
(c) The quantity of designated dangerous cargo consisting of Class 1 (explosive) materials shipped by or for the Armed Forces of the United States on the waterfront facility and vessels moored thereto shall not exceed the limits as to maximum quantity, isolation and remoteness as established by the Captain of the Port. Each permit issued under these conditions shall specify that the limits so established shall not be exceeded.
§ 126.21 Permitted transactions.
All permits issued pursuant to § 126.19 are hereby conditioned upon the observance and fulfillment of the following:
(a) The conditions set forth in § 126.15 shall at all times be strictly observed.
(b) No amount of designated dangerous cargo, except Class 1 (explosive) materials shipped by or for the Armed Forces of the United States, in excess of the maximum quantity established by local, municipal, territorial, or State authorities shall be present on the waterfront facility and vessels moored thereto.
(c) Designated dangerous cargo shall not be brought onto the waterfront facility from shore except when laden within a railroad car or highway vehicle and shall remain in such railroad car or highway vehicle except when removed as an incident of its prompt transshipment. Designated dangerous cargo shall not be brought onto the waterfront facility from a vessel except as an incident of its prompt transshipment by railroad car or highway vehicle.
(d) No other dangerous cargo shall be on the waterfront facility during the period of transactions involving designated dangerous cargo, unless its presence is authorized by the Captain of the Port. This shall not apply to maintenance stores and supplies on the waterfront facility in conformity with § 126.15(b)(5).
§ 126.23 Termination or suspension of permits.
Any permit issued pursuant to § 126.19 shall terminate automatically at the conclusion of the transaction for which the permit has been issued and may be terminated, or suspended, prior thereto by the Captain of the Port whenever he deems that the security or safety of the port or vessels or waterfront facilities therein so requires. Confirmation of such termination or suspension by the Captain of the Port shall be given to the permittee in writing.
§ 126.25 Penalties for handling designated dangerous cargo without permit.
Handling, loading, discharging, or transporting any designated dangerous cargo without a permit, as provided under § 126.17, being in force, will subject persons responsible therefore to the civil or criminal penalties provided in 46 U.S.C. 70036.
§ 126.27 General permit for handling dangerous cargo.
A general permit is hereby issued for the handling, storing, stowing, loading, discharging or transporting of dangerous cargo (other than designated dangerous cargo) in bulk, portable tanks, containers, or packagings, at designated waterfront facilities, conditioned upon the observance and fulfillment of the following:
(a) The conditions set forth in § 126.15 shall at all times be strictly observed.
(b) You must notify the COTP before you handle, store, stow, load, discharge, or transport, in the net weight amounts specified, the following dangerous cargo, except when contained within transport units or railroad or highway vehicles being transported across or on the waterfront facility solely for transfer to or from a railroad-car ferry, highway-vehicle ferry, or carfloat:
(1) Class 1, Division 1.3 and Division 1.5 (Explosive) materials, with a net explosive quantity in excess of 36,400 kg (40 net tons) at any one time.
(2) Class 2, Division 2.1 (Flammable Gas) materials in bulk packaging; or Division 2.3 (Poison Gas) materials in excess of 72,800 kg (80 net tons) at any one time.
(3) A Class 7 (Radioactive) material in a highway route controlled quantity, as defined in 49 CFR 173.403.
(4) Flammable solids or oxidizers, in excess of 100 net tons at any one time.
(5) Flammable gases, in excess of 10 net tons at any one time.
(6) Poisons (Class A).
(7) A bulk shipment of a cargo of particular hazard.
(c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50) or other dangerous cargoes prohibited from, or not permitted for, transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 may be present on the waterfront facility.
(d) Break-bulk dangerous cargo must be segregated according to 49 CFR 176.83(a) through (c). No separation is required for break-bulk dangerous cargo in limited-quantity packaging.
(e) Transport units and portable tanks containing dangerous cargo must be segregated according to 49 CFR 176.83(a), (b), and (f). The requirements for vertical segregation and for on-deck, horizontal segregation in 49 CFR 176.83(f) apply. No separation is required for transport units containing dangerous cargo only in limited quantity packaging.
(f) Break-bulk dangerous cargo must be segregated from transport units containing dangerous cargo according to 49 CFR 176.83(e).
(g) Solid dangerous bulk cargo must be separated to prevent the interaction of incompatible materials in the event of an accident. Cargo not required to be segregated, when in break-bulk form, is not required to be segregated, when in bulk form. Dangerous cargo in break-bulk form must be segregated from solid dangerous cargo in bulk according to 49 CFR 176.83.
(h) Materials that are dangerous when wet (Division 4.3), water-soluble oxidizers (Division 5.1), and corrosive solids (Class 8) must be stored in a manner that prevents them from coming into contact with water.
(i) Corrosive liquids (Class 8) and liquid oxidizers (Division 5.1) must be handled and stored so that, in the event of a leak from their packaging, they would not come in contact with organic materials.
(j) Dangerous cargo stored on the facility must be arranged in a manner that retards the spread of fire, such as by interspersing dangerous cargo with inert or fire retardant material.
(k) Dangerous cargo stored on the facility, but not intended for use on the facility, must be packaged, marked, and labeled according to 49 CFR parts 171 through 180, as if the cargo was in transportation.
(l) Class 7 (Radioactive) material must be stored as specified in 49 CFR 173.447.
§ 126.28 Ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate; general provisions.
(a) When any item of ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate, described and defined as an oxidizer by the regulations of 49 CFR part 173 is handled, stored, stowed, loaded, discharged or transported on a waterfront facility, the following provisions shall apply:
(1) All outside containers shall be marked with the proper shipping name of the nitrate packed within the container.
(2) The building on a waterfront facility used for storage of any of these materials shall be of such construction as to afford good ventilation.
(3) Storage of any of these materials shall be at a safe distance from electric wiring, steam pipes, radiators or any heating mechanism.
(4) These materials shall be separated by a fire resistant wall or by a distance of at least 30 feet from organic materials or other chemicals and substances which could cause contamination such as flammable liquids, combustible liquids, corrosive liquids, chlorates, permanganates, finely divided metals, caustic soda, charcoal, sulfur, cotton, coal, fats, fish oils or vegetable oils.
(5) Storage of any of these materials shall be in a clean area upon clean wood dunnage, or on pallets over a clean floor. In the case of a concrete floor, storage may be made directly on the floor if it is first covered with a moisture barrier such as a polyethylene sheet or asphaltic laminated paper.
(6) Any spilled material shall be promptly and thoroughly cleaned up and removed from the waterfront facility. If any spilled material has remained in contact with a wooden floor for any length of time the floor shall be scrubbed with water and all spilled material shall be thoroughly dissolved and flushed away.
(7) An abundance of water for firefighting shall be readily available.
(8) Open drains, traps, pits or pockets which could be filled with molten ammonium nitrate if a fire occurred (and thus become potential detonators for the storage piles) must be eliminated or plugged.
See 49 CFR 176.415 for permit requirements for nitro carbo nitrate and certain ammonium nitrates.
§ 126.29 Supervision and control of dangerous cargo.
(a) Authority. The Captain of the Port is authorized to require that any transaction of handling, storing, stowing, loading, discharging, or transporting the dangerous cargo covered by this subchapter shall be undertaken and continued only under the immediate supervision and control of the Captain of the Port or his duly authorized representative. In case the Captain of the Port exercises such authority, all directions, instructions, and orders of the Captain of the Port or his representative, not inconsistent with this part, with respect to such handling, storing, stowing, loading, discharging, and transporting; with respect to the operation of the waterfront facility; with respect to vessels handling, stowing, loading, or discharging of dangerous cargo at anchorages when the operations are under the immediate control and supervision of the Captain of the Port or his duly authorized representative; with respect to the ingress and egress of persons, articles, and things and to their presence on the waterfront facilty or vessel; and with respect to vessels approaching, moored at, and departing from the waterfront facility, shall be promptly obeyed.
(b) Reporting discharge of dangerous liquid commodities into the waters of the United States. To enhance the safety of the port and to protect vessels, their cargo, and waterfront facilities therein, the discharge into the navigable waters of the United States of petroleum products, petroleum byproducts or other dangerous liquid commodities which may create a hazard or toxic condition in the port area will be immediately reported to the Captain of the Port or District Commander by the owner or master of the vessel from which the discharge occurred, or the owner or operator of a waterfront facility from which the discharge occurred.
§ 126.30 What are the conditions for conducting welding and hotwork?
(a) The facility operator must ensure that all welding or hotwork conducted at the facility meets the requirements of this section. Each operator of a vessel moored to the facility must ensure that all welding or hotwork conducted on the vessel meets the requirements of this section.
(b) The COTP may require an operator of a facility or of a vessel moored at the facility to notify the COTP before conducting welding or hotwork. Regardless of whether or not the COTP required notice, the facility operator must notify the COTP before conducting welding or hotwork on a vessel when containerized dangerous cargo is located within the distances listed in paragraph (f) of this section.
(c) Before conducting welding or hotwork, flammable vapors, liquids, or solids must be completely removed from any container, pipe, or transfer line being worked on.
(d) Before conducting welding or hotwork on tanks, tanks used for storage of flammable or combustible substances must be tested and certified gas free.
(e) All welding and hotwork must be conducted according to NFPA 51B. (Incorporated by reference, see § 126.5.)
(f) Welding or hotwork is prohibited during gas freeing operations within 30.5 meters (100 feet) of bulk cargo operations involving flammable or combustible materials, within 30.5 meters (100 feet) of fueling operations, within 30.5 meters (100 feet) of explosives, or within 15.25 meters (50 feet) of other hazardous materials.
(g) If the welding or hotwork is on the boundary of a compartment (i.e., bulkhead, wall, or deck), a fire watch, in addition to that called for in NFPA 51B, must be stationed in the adjoining compartment.
(h) Personnel on fire watch must have no other duties except to watch for the presence of fire and to prevent the development of hazardous conditions.
(i) All safety precautions in relation to purging, inerting, or venting for all hotwork on containers must be followed.
(j) All local laws and ordinances must be followed.
(k) If a fire or other hazard occurs, all cutting, welding, or other hotwork equipment must be shut down.
§ 126.31 Termination or suspension of general permit.
The Captain of the Port is hereby authorized to terminate or to suspend the general permit granted by § 126.27 in respect to any particular designated waterfront facility whenever he deems that the security or safety of the port or vessels or waterfront facilities therein so requires. Confirmation of such termination or suspension shall be given to the permittee in writing. After such termination, the general permit may be revived by the District Commander with respect to such particular waterfront facility upon a finding by him that the cause of termination no longer exists and is unlikely to recur. After such suspension, the general permit shall be revived by the Captain of the Port with respect to such particular waterfront facility when the cause of suspension no longer exists, and he shall so advise the permittee in writing.
§ 126.33 Penalties for handling dangerous cargo without permit.
Handling, storing, stowing, loading, discharging, or transporting any dangerous cargo covered by § 126.27 under circumstances not covered by the general permit granted in § 126.27 or when such general permit is not in force will subject persons responsible therefor to the civil or criminal penalties provided in 46 U.S.C. 70036.
§ 126.35 Primary responsibility.
Nothing contained in the rules, regulations, conditions, and designations in this part shall be construed as relieving the masters, owners, operators, and agents of vessels, docks, piers, wharves, or other waterfront facilities from their primary responsibility for the security of such vessels, docks, piers, wharves, or waterfront facilities.
§ 126.37 Separability.
If any provision of the rules, regulations, conditions, or designations contained in this part or the application of such provision to any person, waterfront facility, or circumstances shall be held invalid, the validity of the remainder of the rules, regulations, conditions, or designations contained in this part and applicability of such provision to other persons, waterfront facilities, or circumstances, shall not be affected thereby.
PART 127—WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS
Subpart A—General
§ 127.001 Applicability.
(a) Subparts A and B of this part apply to the marine transfer area for LNG of each new waterfront facility handling LNG and to new construction in the marine transfer area for LNG of each waterfront facility handling LNG.
(b) Subpart A of this part and §§ 127.301 through 127.617 apply to the marine transfer area for LNG of each active existing waterfront facility handling LNG.
(c) Sections 127.007(b), (c), and (d), and 127.019(b) of subpart A of this part apply to the marine transfer area for LNG of each inactive facility.
(d) Subparts A and C of this part apply to the marine transfer area for LHG of each active waterfront facility handling LHG.
(e) Sections 127.007 (b), (c), and (d); 127.019(b); and 127.1325(c) of subparts A and C of this part apply to the marine transfer area for LHG of each inactive facility.
(f) Waterfront facilities handling LNG and LHG constructed, expanded, or modified under a contract awarded after March 4, 2022, are required to comply with the applicable standards referenced in § 127.003. All other facilities, unless expanded or modified in accordance with this part, are required to meet previously applicable standards but may request to apply a later edition of the standards in accordance with § 127.017.
§ 127.003 Incorporation by reference.
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a document in the
(a) American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571, 202-682-8000, http://www.api.org.
(1) API Recommended Practice 2003 (“API RP 2003”), Protection Against Ignitions Arising Out of Static, Lightning and Stray Currents, Eighth Edition, September 2015, for § 127.1101(h).
(2) [Reserved]
(b) The American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990, 800-843-2763, https://www.asme.org.
(1) ASME B16.5-2020, Pipe Flanges and Flanged Fittings, NPS
(2) ASME B31.3-2020, Process Piping, ASME Code for Pressure Piping, B31, Issued June 18, 2021, for § 127.1101(a).
(c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959, 610-832-9500, https://www.astm.org.
(1) ASTM E119-20, Standard Test Methods for Fire Tests of Building Construction and Materials, approved May 1, 2020, for § 127.005.
(2) ASTM F1121-87 (Reapproved 2019), Standard Specification for International Shore Connections for Marine Fire Applications, approved December 1, 2019, for §§ 127.611 and 127.1511.
(d) Det Norske Veritas (DNV), Veritasveien 1, 1363 Høvik Norway, +47 6757 9900, https://www.dnv.com.
(1) DNVGL-RP-G105, Recommended Practice, Development and operation of liquefied natural gas bunkering facilities, October 2015 Edition, for § 127.008(d).
(2) [Reserved]
(e) International Electrotechnical Commission (IEC), IEC Central Office, 3 rue de Varembé, P.O. Box 131, CH 1211, Geneva 20, Switzerland, +41 22 919 02 11, https://www.iec.ch.
(1) IEC 60079-29-1, Explosive atmospheres—Part 29-1: Gas detectors—Performance requirements of detectors for flammable gases, Edition 2.0, July 2016, for § 127.1203(a).
(2) [Reserved]
(f) International Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, +41 22 749 01 11, https://www.iso.org.
(1) ISO/TS 18683:2015(E), (“ISO/TS 18683”), Guidelines for systems and installations for supply of LNG as fuel to ships, First Edition, January 15, 2015, for § 127.008(d)(1).
(2) ISO 28460:2010(E), (“ISO 28460”), Petroleum and natural gas industries—Installation and equipment for liquefied natural gas—Ship-to-shore interface and port operations, First edition, December 15, 2010, for § 127.008(d)(2).
(g) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169-7471, 800-344-3555, https://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2018 Edition, effective August 21, 2017, for §§ 127.603(a) and 127.1503.
(2) NFPA 30, Flammable and Combustible Liquids Code, 2018 Edition, effective September 6, 2017, for §§ 127.313(b) and 127.1313(b).
(3) NFPA 51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work, 2019 Edition, effective July 15, 2018, for §§ 127.405(b) and 127.1405(b).
(4) NFPA 59A, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG), 2019 Edition, effective November 25, 2018, for §§ 127.008(d), 127. 101, 127.201(b) and (c), 127.405(a) and (b), and 127.603(a).
(5) NFPA 70, National Electrical Code, 2020 Edition, effective August 25, 2019, for §§ 127.107(a) and (c), 127.201(c), and 127.1107.
§ 127.005 Definitions.
As used in this part:
Active means accomplishing the transfer of LHG or LNG, or scheduling one to occur, within 12 months of the current date.
Captain of the Port (COTP) means the Coast Guard officer designated by the Commandant to command a Captain of the Port Zone as described in part 3 of this chapter, or an authorized representative.
Commandant means the Commandant of the U.S. Coast Guard or an authorized representative.
Control room means a space within the LNG waterfront facility from which facility operations are controlled.
District Commander means the Coast Guard officer designated by the Commandant to command a Coast Guard District as described in part 3 of this chapter, or an authorized representative.
Environmentally sensitive areas include public parks and recreation areas, wildlife and waterfowl refuges, fishing grounds, wetlands, other areas deemed to be of high value to fish and wildlife resources, historic sites, and other protected areas.
Existing as applied to a waterfront facility means a facility handling LNG constructed or being constructed under a contract awarded before June 2, 1988, or a facility handling LHG constructed or being constructed under a contract awarded before January 30, 1996.
Facility means either a waterfront facility handling LHG or a waterfront facility handling LNG, and includes LNG fuel facilities.
Fire endurance rating means the duration for which an assembly or structural unit will contain a fire or retain structural integrity when exposed to the temperatures specified in the standard time-temperature curve in ASTM E119-20 (incorporated by reference, see § 127.003).
Flammable product means a product indicated by the letter “F” or by the letters “F + T” in Table 127.005.
Inactive means not active.
Impounding space means a space formed by dikes and floors that confines a spill of LHG or LNG.
LHG means liquefied hazardous gas.
LHG vessel means a vessel constructed or converted to carry LHG, in bulk.
Liquefied hazardous gas (LHG) means a liquid containing one or more of the products listed in Table 127.005.
Liquefied natural gas (LNG) means a liquid or semisolid consisting mostly of methane and small quantities of ethane, propane, nitrogen, or other natural gases.
Liquefied petroleum gas (LPG) means a liquid consisting mostly of propane or butane or both.
LNG means liquefied natural gas.
LNG fuel facility means a waterfront facility that handles LNG for the sole purpose of providing LNG from shore-based structures to vessels for use as a marine fuel, and that does not transfer LNG to or receive LNG from vessels capable of carrying LNG in bulk as cargo.
LNG vessel means a vessel constructed or converted to carry LNG, in bulk.
Loading flange means the connection or group of connections in the cargo transfer pipeline on the facility that connects the facility pipeline to the vessel pipeline.
Marine transfer area for LHG means that part of a waterfront facility handling LHG between the vessel, or where the vessel moors, and the first shutoff valve on the pipeline immediately inland of the terminal manifold or loading arm, including the entire part of a pier or wharf used to serve LHG vessels.
Marine transfer area for LNG means that part of a waterfront facility handling LNG between the vessel, or where the vessel moors, and the last manifold or valve immediately before the receiving tanks.
Mating flange means that flange in the product-transfer pipeline on a waterfront facility handling LHG or a waterfront facility handling LNG that connects this pipeline to the pipeline or transfer hose of the vessel.
MAWP means maximum allowable working pressure.
Maximum allowable working pressure (MAWP) means the maximum gauge pressure permissible at the top of equipment, containers, or pressure vessels while operating at design temperature.
New as applied to a waterfront facility means a facility handling LNG constructed or being constructed under a contract awarded on or after June 2, 1988, or a facility handling LHG constructed or being constructed under a contract awarded on or after January 30, 1996.
Person in charge of transfer operations on the vessel is the person designated the person in charge of cargo transfer under 46 CFR 154.1831.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except a minor release of LHG or its vapor, that may occur during the routine handling of LHG. No release is minor if it creates an atmosphere that exceeds the Lower Flammable Limit (LFL) for a flammable product or any Permissible Exposure Limit (PEL) listed in 29 CFR 1910.1000, Table Z-1 or Z-2, for a toxic product.
Substructure means the deck of a pier or wharf and the structural components below that deck.
Toxic product means a product indicated by the letter “T” or by the letters “F + T” in Table 127.005.
Waterfront facility handling LHG means any structure on, in, or under the navigable waters of the United States, or any structure on land or any area on shore immediately adjacent to such waters, used or capable of being used to transfer liquefied hazardous gas, in bulk, to or from a vessel.
Waterfront facility handling LNG means any structure on, in, or under the navigable waters of the United States, or any structure on land or any area on shore immediately adjacent to such waters, used or capable of being used to transfer liquefied natural gas, in bulk, to or from a vessel.
Table 127.005—List of Products and Hazards
| Product | Hazard |
|---|---|
| Acetaldehyde | F + T |
| Ammonia, anhydrous | T |
| Butadiene | F |
| Butanes | F |
| Butane and propane (mixtures) | F |
| Butylenes | F |
| Chlorine | T |
| Dimethylamine | F + T |
| Ethane | F |
| Ethyl chloride | F + T |
| Ethylene | F |
| Ethylene oxide | F + T |
| Methyl-acetylene and propadiene (mixtures) | F |
| Methyl bromide | F + T |
| Methyl chloride | F + T |
| Propane | F |
| Propylene | F |
| Sulphur dioxide | T |
| Vinyl chloride | F + T |
§ 127.007 Letter of intent and waterway suitability assessment for waterfront facilities handling LNG or LHG.
(a) An owner or operator intending to build a new facility handling LNG or LHG, or an owner or operator planning new construction to expand marine terminal operations in any facility handling LNG or LHG, where the construction or expansion will result in an increase in the size or frequency of LNG or LHG marine traffic on the waterway associated with a facility, must submit a Letter of Intent (LOI) to the Captain of the Port (COTP) of the zone in which the facility is or will be located. The LOI must meet the requirements in paragraph (c) of this section.
(1) The owner or operator of an LNG facility must submit the LOI to the COTP no later than the date that the owner or operator files a pre-filing request with the Federal Energy Regulatory Commission (FERC) under 18 CFR parts 153 and 157, but, in all cases, at least 1 year prior to the start of construction. The LOI must include the nation of registry for, and the nationality or citizenship of the officers and crew serving on board, vessels transporting LNG that are reasonably anticipated to be servicing the LNG facility.
(2) The owner or operator of an LHG facility must submit the LOI to the COTP no later than the date that the owner or operator files with the Federal or State agency having jurisdiction, but, in all cases, at least 1 year prior to the start of construction.
(b) An owner or operator intending to reactivate an inactive facility must submit an LOI that meets paragraph (c) of this section to the COTP of the zone in which the facility is located.
(1) The owner or operator of an LNG facility must submit the LOI to the COTP no later than the date the owner or operator files a pre-filing request with FERC under 18 CFR parts 153 and 157, but, in all cases, at least 1 year prior to the start of LNG transfer operations.
(2) The owner or operator of an LHG facility must submit the LOI to the COTP no later than the date the owner or operator files with the Federal or State agency having jurisdiction, but, in all cases, at least 1 year prior to the start of LHG transfer operations.
(c) Each LOI must contain—
(1) The name, address, and telephone number of the owner and operator;
(2) The name, address, and telephone number of the Federal, State, or local agency having jurisdiction for siting, construction, and operation;
(3) The name, address, and telephone number of the facility;
(4) The physical location of the facility;
(5) A description of the facility;
(6) The LNG or LHG vessels’ characteristics and the frequency of LNG or LHG shipments to or from the facility; and
(7) Charts showing waterway channels and identifying commercial, industrial, environmentally sensitive, and residential areas in and adjacent to the waterway used by the LNG or LHG vessels en route to the facility, within at least 25 kilometers (15.5 miles) of the facility.
(d) The owner or operator who submits an LOI under paragraphs (a) or (b) of this section must notify the COTP in writing within 15 days of any of the following:
(1) There is any change in the information submitted under paragraphs (c)(1) through (c)(7) of this section; or
(2) No LNG or LHG transfer operations are scheduled within the next 12 months.
(e) An owner or operator intending to build a new LNG or LHG facility, or an owner or operator planning new construction to expand marine terminal operations in any facility handling LNG or LHG, where the construction or expansion will result in an increase in the size or frequency of LNG or LHG marine traffic on the waterway associated with a facility, must file or update as appropriate a waterway suitability assessment (WSA) with the COTP of the zone in which the facility is or will be located. The WSA must consist of a Preliminary WSA and a Follow-on WSA. A COTP may request additional information during review of the Preliminary WSA or Follow-on WSA.
(f) The Preliminary WSA must—
(1) Be submitted to the COTP with the LOI; and
(2) Provide an initial explanation of the following—
(i) Port characterization;
(ii) Characterization of the LNG or LHG facility and LNG or LHG tanker route;
(iii) Risk assessment for maritime safety and security;
(iv) Risk management strategies; and
(v) Resource needs for maritime safety, security, and response.
(g) The Follow-on WSA must—
(1) Be submitted to the COTP as follows:
(i) The owner or operator of an LNG facility must submit the Follow-on WSA to the COTP no later than the date the owner or operator files its application with FERC pursuant to 18 CFR parts 153 or 157, or if no application to FERC is required, at least 180 days before the owner or operator begins transferring LNG.
(ii) The owner or operator of an LHG facility must submit the Follow-on WSA to the COTP in all cases at least 180 days before the owner or operator begins transferring LHG.
(2) Contain a detailed analysis of the elements listed in §§ 127.007(f)(2), 127.009(d), and 127.009(e) of this part.
(h) Until the facility begins operation, owners or operators must:
(1) Annually review their WSAs and submit a report to the COTP as to whether changes are required. The deadline for the required annual report should coincide with the date of the COTP’s Letter of Recommendation, which indicates review and validation of the Follow-on WSA has been completed.
(2) In the event that revisions to the WSA are needed, report to the COTP the details of the necessary revisions, along with a timeline for completion.
(3) Update the WSA if there are any changes in conditions, such as changes to the port environment, the LNG or LHG facility, or the tanker route, that would affect the suitability of the waterway for LNG or LHG traffic.
(4) Submit a final report to the COTP at least 30 days, but not more than 60 days, prior to the start of operations.
(i) An owner or operator intending to construct a new LNG fuel facility or modify any LNG fuel facility, or reactivate an inactive LNG fuel facility, may comply with § 127.008 in lieu of meeting the requirements in this section.
§ 127.008 Letter of intent and operational risk assessment for LNG fuel facilities.
(a) An owner or operator intending to build a new LNG fuel facility, modify construction of any LNG fuel facility, or reactivate an inactive LNG fuel facility electing to complete an operational risk assessment (ORA) in lieu of a WSA as outlined in § 127.007, must submit an LOI and ORA to the COTP of the zone in which the LNG fuel facility is or will be located at least 1 year prior to the start of LNG transfer operations.
(b) Each LOI must contain the information in § 127.007(c)(1) through (c)(5).
(c) The owner or operator who submits an LOI under paragraph (a) of this section must notify the COTP in writing within 15 days of any of the following:
(1) There is any change in the information submitted under paragraph (b) of this section; or
(2) No LNG fuel transfer operations are scheduled within the next 12 months.
(d) The ORA required by paragraph (a) must:
(1) Be carried out in accordance with Chapter 7 of ISO/TS 18683 and Appendix D of DNVGL-RP-G105; or Chapter 19 of NFPA 59A (all incorporated by reference, see § 127.003); or other industry developed risk assessment method acceptable to the Office of Operating and Environmental Standards, Commandant (CG-OES); and
(2) Consider possible factors affecting the ship/shore interface and port operations described in Section 6 of ISO 28460 (incorporated by reference, see § 127.003).
§ 127.009 Letter of recommendation.
(a) After the COTP receives the information and analyses required by § 127.007 or § 127.008, the COTP issues a Letter of Recommendation (LOR) as to the suitability of the waterway for LNG or LHG marine traffic or the operational safety and security of the LNG fuel facility to the Federal, State, or local government agencies having jurisdiction for siting, construction, and operation, and, at the same time, sends a copy to the owner or operator, based on the—
(1) Information submitted under § 127.007 or § 127.008;
(2) Density and character of marine traffic in the waterway;
(3) Locks, bridges, or other man-made obstructions in the waterway;
(4) Following factors adjacent to the facility such as—
(i) Depths of the water;
(ii) Tidal range;
(iii) Protection from high seas;
(iv) Natural hazards, including reefs, rocks, and sandbars;
(v) Underwater pipelines and cables;
(vi) Distance of berthed vessel from the channel and the width of the channel; and
(5) Any other issues affecting the safety and security of the waterway and considered relevant by the Captain of the Port.
(b) An LOR issued under this section is a recommendation from the COTP to the agency having jurisdiction as described in paragraph (a), and does not constitute agency action for the purposes of § 127.015 or the Administrative Procedure Act (5 U.S.C. 551 et seq.).
(c) The owner or operator, or a State, local, or Indian tribal government in the vicinity of the facility, may request reconsideration as set forth in § 127.010.
(d) Persons other than the owner or operator, or State, local, or Indian tribal government in the vicinity of the facility, may comment on the LOR by submitting comments and relevant information to the agency having jurisdiction, as described in paragraph (a), for that agency’s consideration in its permitting process.
(e) Paragraphs (c) and (d) of this section apply to LORs issued after December 28, 2012. For LORs issued prior to that date, persons requesting reconsideration must follow the process set forth in § 127.015.
§ 127.010 Reconsideration of the Letter of Recommendation.
(a) A person requesting reconsideration pursuant to § 127.009(c) must submit a written request to the Captain of the Port (COTP) who issued the Letter of Recommendation (LOR), and send a copy of the request to the agency to which the LOR was issued. The request must explain why the COTP should reconsider his or her recommendation.
(b) In response to a request described in paragraph (a) of this section, the COTP will do one of the following—
(1) Send a written confirmation of the LOR to the agency to which the LOR was issued, with copies to the person making the request and the owner or operator; or
(2) Revise the LOR, and send the revised LOR to the agency to which the original LOR was issued, with copies to the person making the request and the owner or operator.
(c) A person whose request for reconsideration results in a confirmation as described in paragraph (b)(1) of this section, and who is not satisfied with that outcome, may request, in writing, the opinion of the District Commander of the district in which the LOR was issued.
(1) The request must explain why the person believes the District Commander should instruct the COTP to reconsider his or her recommendation.
(2) A person making a request under paragraph (c) of this section must send a copy of the request to the agency to which the LOR was issued.
(3) In response to the request described in this paragraph (c), the District Commander will do one of the following—
(i) Send a written confirmation of the LOR to the agency to which the LOR was issued, with copies to the person making the request, the owner or operator, and the COTP; or
(ii) Instruct the COTP to reconsider the LOR, and send written notification of that instruction to the agency to which the original LOR was issued, with copies to the person making the request and the owner or operator.
(d) The District Commander’s written confirmation described in paragraph (c)(3)(i) of this section ends the reconsideration process with respect to that specific request for reconsideration. If the COTP issues an LOR pursuant to paragraph (b)(2) or (c)(3)(ii) of this section, persons described in § 127.009(c) may request reconsideration of that revised LOR using the process beginning in paragraph (a) of this section.
§ 127.011 Inspections of waterfront facilities.
The operator must ensure that the COTP or his representative is allowed to make reasonable examinations and inspections to determine whether the facility meets this part.
§ 127.013 Suspension of transfer operations.
(a) The COTP may issue an order to the operator to suspend LHG or LNG transfer operations if the COTP finds any condition requiring immediate action to—
(1) Prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and
(2) Protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
(b) Each order to suspend transfer operations issued under paragraph (a) of this section—
(1) Is effective immediately;
(2) Contains a statement of each condition requiring immediate action; and
(3) Is withdrawn by the COTP whenever each condition is corrected or no longer exists.
§ 127.015 Appeals.
(a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard officer responsible for that action.
(b) Except as provided under paragraph (e) of this section, any person not satisfied with a ruling made under the procedure contained in paragraph (a) of this section may—
(1) Appeal that ruling in writing to the District Commander of the district in which the action was taken; and
(2) Supply supporting documentation and evidence that the appellant wishes to have considered.
(c) The District Commander issues a ruling after reviewing the appeal submitted under paragraph (b) of this section. Except as provided under paragraph (e) of this section, any person not satisfied with this ruling may—
(1) Appeal that ruling in writing to the Assistant Commandant for Prevention Policy, U.S. Coast Guard, (CG-5P), 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509; and
(2) Supply supporting documentation and evidence that the appellant wishes to have considered.
(d) The Assistant Commandant for Prevention Policy issues a ruling after reviewing the appeal submitted under paragraph (c) of this section, which is final agency action.
(e) If the delay in presenting a written appeal has an adverse impact on the operations of the appellant, the appeal under paragraph (b) or (c) of this section—
(1) May be presented orally; and
(2) Must be submitted in writing within five days after the oral presentation—
(i) With the basis for the appeal and a summary of the material presented orally; and
(ii) To the same Coast Guard official who heard the oral presentation.
§ 127.017 Alternatives.
(a) The COTP may allow alternative procedures, methods, or equipment standards, including alternatives to standards listed in § 127.003, to be used by an operator instead of any requirements in this part if—
(1) The operator submits a written request for the alternative at least 30 days before facility operations under the alternative would begin, unless the COTP authorizes a shorter time; and
(2) The alternative provides at least the same degree of safety provided by the regulations in this part.
(b) The COTP approves or disapproves any alternative requested under paragraph (a) of this section—
(1) In writing; or
(2) Orally, with subsequent written confirmation.
§ 127.019 Operations Manual and Emergency Manual: Procedures for examination.
(a) The owner or operator of an active facility must submit an Operations Manual and Emergency Manual in printed or electronic format to the COTP of the zone in which the facility is located.
(b) At least 30 days before transferring LHG or LNG, the owner or operator of a new or an inactive facility must submit an Operations Manual and Emergency Manual in printed or electronic format to the Captain of the Port of the zone in which the facility is located, unless the manuals have been examined and there have been no changes since that examination.
(c) Operations Manuals and Emergency Manuals submitted after September 10, 2021 must include a date, revision date or other revision-specific identifying information.
(d) If the COTP finds that the Operations Manual meets § 127.305 or § 127.1305 and that the Emergency Manual meets § 127.307 or § 127.1307, the COTP will provide notice to the facility stating each manual has been examined by the Coast Guard. This notice will include the revision date of the manual or other revision-specific identifying information.
(e) If the COTP finds that the Operations Manual or the Emergency Manual does not meet this part, the COTP will notify the facility with an explanation of why it does not meet this part.
Subpart B—Waterfront Facilities Handling Liquefied Natural Gas
§ 127.101 Design and construction: General.
The marine transfer area for LNG must meet the following criteria in NFPA 59A (incorporated by reference, see § 127.003):
(a) Chapter 5, Section 5.3.1.7;
(b) Chapter 6, Section 6.7;
(c) Chapter 10;
(d) Chapter 11, except Sections 11.9, and 11.10;
(e) Chapter 12;
(f) Chapter 15, except Sections 15.4 and 15.6; and
(g) Annex B.
§ 127.103 Piers and wharves.
(a) If the waterfront facility handling LNG is in a region subject to earthquakes, the piers and wharves must be designed to resist earthquake forces.
(b) Substructures, except moorings and breasting dolphins, that support or are within 5 meters (16.4 feet) of any pipe or equipment containing LNG, or are within 15 meters (49.2 feet) of a loading flange, must—
(1) Be made of concrete or steel; and
(2) Have a fire endurance rating of not less than two hours.
(c) LNG or LPG storage tanks must have the minimum volume necessary for—
(1) Surge protection;
(2) Pump suction supply; or
(3) Other process needs.
§ 127.105 Layout and spacing of marine transfer area for LNG.
(a) LNG impounding spaces must be located so that the heat flux from a fire over the impounding spaces does not cause structural damage to an LNG vessel moored or berthed at the waterfront facility handling LNG.
(b) Each LNG loading flange must be located at least 300 meters (984.3 feet) from the following which are primarily intended for the use of the general public or railways:
(1) Each bridge crossing a navigable waterway.
(2) Each entrance to any tunnel under a navigable waterway.
§ 127.107 Electrical power systems.
(a) The electrical power system must have a power source and a separate emergency power source, so that failure of one source does not affect the capability of the other source. The system must meet NFPA 70 (incorporated by reference, see § 127.003).
(b) The emergency power source must provide enough power for the operation of the—
(1) Emergency shutdown system;
(2) Communications equipment;
(3) Firefighting equipment; and
(4) Emergency lighting.
(c) If an auxiliary generator is used as an emergency power source, it must meet Section 700.12 of NFPA 70 (incorporated by reference, see § 127.003).
§ 127.109 Lighting systems.
(a) The marine transfer area for LNG must have a lighting system and separate emergency lighting.
(b) All outdoor lighting must be located or shielded so that it is not confused with any aids to navigation and does not interfere with navigation on the adjacent waterways.
(c) The lighting system must provide an average illumination on a horizontal plane one meter (3.3 feet) above the deck that is—
(1) 54 lux (five foot-candles) at any loading flange; and
(2) 11 lux (one foot-candle) at each work area.
(d) The emergency lighting must provide lighting for the operation of the—
(1) Emergency shutdown system;
(2) Communications equipment; and
(3) Firefighting equipment.
§ 127.111 Communications systems.
(a) The marine transfer area for LNG must have a ship-to-shore communication system and a separate emergency ship-to-shore communication system.
(b) Each ship-to-shore communication system must be a dedicated system that allows voice communication between the person in charge of transfer operations on the vessel, the person in charge of shoreside transfer operations, and personnel in the control room.
§ 127.113 Warning signs.
(a) The marine transfer area for LNG must have warning signs that—
(1) Meet paragraph (b) of this section;
(2) Can be seen from the shore and the water; and
(3) Have the following text:
(b) Each letter in the words on the sign must be—
(1) Block style;
(2) Black on a white background; and
(3) 7.6 centimeters (3 inches) high.
Equipment
§ 127.201 Sensing and alarm systems.
(a) Fixed sensors must have audio and visual alarms in the control room and audio alarms nearby.
(b) Fixed sensors that continuously monitor for LNG vapors must—
(1) Be in each enclosed area where vapor or gas may accumulate; and
(2) Meet Section 16.4 of NFPA 59A (incorporated by reference, see § 127.003).
(c) Fixed sensors that continuously monitor for flame, heat, or products of combustion must—
(1) Be in each enclosed or covered Class I, Division 1, hazardous location defined in Section 500.5(B)(1) of NFPA 70 (incorporated by reference, see § 127.003) and each area in which flammable or combustible material is stored; and
(2) Meet Section 16.4 of NFPA 59A (incorporated by reference, see § 127.003).
§ 127.203 Portable gas detectors.
The marine transfer area for LNG must have at least two portable gas detectors capable of measuring 0-100% of the lower flammable limit of methane.
§ 127.205 Emergency shutdown.
Each transfer system must have an emergency shutdown system that—
(a) Can be activated manually; and
(b) Is activated automatically when the fixed sensors under § 127.201(b) measure LNG concentrations exceeding 40% of the lower flammable limit.
§ 127.207 Warning alarms.
(a) The marine transfer area for LNG must have a rotating or flashing amber light with a minimum effective flash intensity, in the horizontal plane, of 5000 candelas. At least 50% of the required effective flash intensity must be maintained in all directions from 1.0 degree above to 1.0 degree below the horizontal plane.
(b) The marine transfer area for LNG must have a siren with a minimum
(c) Each light and siren must be located so that the warning alarm is not obstructed for a distance of 1.6 km (1 mile) in all directions.
Operations
§ 127.301 Persons in charge of shoreside transfer operations: Qualifications and certification.
(a) No person may serve, and the operator of the waterfront facility handling LNG may not use the services of any person, as a person in charge of shoreside transfer operations, unless that person—
(1) Has at least 48 hours of LNG transfer experience;
(2) Knows the hazards of LNG;
(3) Knows the rules of this subpart; and
(4) Knows the procedures in the examined Operations Manual and the examined Emergency Manual.
(b) Before a person in charge of shoreside transfer operations supervises a transfer, the operator must certify in writing that the criteria in paragraph (a) of this section are met. The operator must maintain a copy of each current certification available for inspection at the waterfront facility handling LNG.
§ 127.303 Compliance with suspension order.
If an order to suspend is given to the operator or owner of the waterfront facility handling LNG, no LNG transfer operations may be conducted at the facility until the order is withdrawn by the COTP.
§ 127.305 Operations Manual.
Each Operations Manual must contain—
(a) A description of the transfer system including mooring areas, transfer connections, control rooms, and diagrams of the piping and electrical systems;
(b) The duties of each person assigned for transfer operations;
(c) The maximum relief valve setting or maximum allowable working pressure of the transfer system;
(d) The facility telephone numbers of facility supervisors, persons in charge of shoreside transfer operations, personnel on watch in the marine transfer area for LNG, and security personnel;
(e) A description of the security systems for the marine transfer area for LNG;
(f) The procedures for—
(1) Transfer operations including gauging, cool down, pumping, venting, and shutdown;
(2) Transfer operations start-up and shutdown;
(3) Security violations; and
(4) The communications systems; and
(g) A description of the training programs established under § 127.503.
§ 127.307 Emergency Manual.
Each Emergency Manual must contain—
(a) LNG release response procedures, including contacting local response organizations;
(b) Emergency shutdown procedures;
(c) A description of the fire equipment and systems and their operating procedures;
(d) A description of the emergency lighting and emergency power systems;
(e) The telephone numbers of local Coast Guard units, hospitals, fire departments, police departments, and other emergency response organizations;
(f) If the waterfront facility handling LNG has personnel shelters, the location of and provisions in each shelter;
(g) First aid procedures and if there are first aid stations, the locations of each station; and
(h) Emergency procedures for mooring and unmooring a vessel.
§ 127.309 Operations Manual and Emergency Manual: Use.
The operator must ensure that—
(a) LNG transfer operations are not conducted unless the person in charge of transfer for the waterfront facility handling LNG has in the marine transfer area a readily available printed or electronic copy of the most recently examined Operations Manual and Emergency Manual. Electronic devices used to display the manuals must comply with applicable electrical safety standards in this part;
(b) Each transfer operation is conducted in accordance with the examined Operations Manual; and
(c) Each emergency response is in accordance with the examined Emergency Manual.
§ 127.311 Motor vehicles.
(a) The operator must designate and mark parking spaces that—
(1) Do not block fire lanes;
(2) Do not impede any exits;
(3) Are not located in any impounding space; and
(4) Are not within 15 meters (49.2 feet) of any storage tank or loading flange.
(b) During transfer operations, no person may—
(1) Stop or park a motor vehicle in a space that is not designated a parking space; or
(2) Refuel any motor vehicle.
§ 127.313 Bulk storage.
(a) The operator must ensure that only the following flammable materials are stored in the marine transfer area for LNG:
(1) LNG.
(2) LPG.
(3) Vessel fuel.
(4) Oily waste from vessels.
(5) Solvents, lubricants, paints, and other fuels in the amount used for one day’s operations and maintenance.
(b) Flammable liquids must be stored in accordance with NFPA 30 (incorporated by reference, see § 127.003).
§ 127.315 Preliminary transfer inspection.
Before transferring LNG, the person in charge of shoreside transfer operations must—
(a) Inspect the transfer piping and equipment to be used during the transfer and replace any worn or inoperable parts;
(b) For each of the vessel’s cargo tanks from which cargo will be transferred, note the pressure, temperature, and volume to ensure they are safe for transfer;
(c) Review and agree with the person in charge of cargo transfer on the vessel to—
(1) The sequence of transfer operations;
(2) The transfer rate;
(3) The duties, location, and watches of each person assigned for transfer operations; and
(4) Emergency procedures from the examined Emergency Manual;
(d) Ensure that transfer connections allow the vessel to move to the limits of its moorings without placing strain on the loading arm or transfer piping system;
(e) Ensure that each part of the transfer system is aligned to allow the flow of LNG to the desired location;
(f) Ensure that warning signs that warn that LNG is being transferred, are displayed;
(g) Eliminate all ignition sources in the marine transfer area for LNG;
(h) Ensure that personnel are on duty in accordance with the examined Operations Manual; and
(i) Test the following to determine that they are operable:
(1) The sensing and alarm systems.
(2) The emergency shutdown system.
(3) The communication systems.
§ 127.317 Declaration of inspection.
(a) After the preliminary transfer inspection under § 127.315 has been satisfactorily completed, the person in charge of shoreside transfer operations must ensure that no person transfers LNG until a Declaration of Inspection that meets paragraph (c) of this section is executed and signed in duplicate.
(b) The person in charge of shoreside transfer operations must give one signed copy of the Declaration of Inspection to the person in charge of transfer operations on the vessel, and must retain one signed copy at the waterfront facility handling LNG for 30 days after completion of the transfer.
(c) Each Declaration of Inspection must contain—
(1) The name of the vessel and the waterfront facility handling LNG;
(2) The date and time that transfer operations begin;
(3) A list of the requirements in § 127.315 with the initials of the person in charge of shoreside transfer operations after each requirement, indicating that the requirement is met;
(4) The signature of the person in charge of shoreside transfer operations and the date and time of signing, indicating that he or she is ready to begin transfer operations; and
(5) The signature of each relief person in charge and the date and time of each relief.
§ 127.319 LNG transfer.
During LNG transfer operations, the following must be met:
(a) The operator of the waterfront facility handling LNG must ensure that—
(1) The marine transfer area for LNG is under the supervision of a person in charge, who has no other assigned duties during the transfer operation;
(2) Personnel transferring fuel or oily waste are not involved in LNG transfer; and
(3) No vessels are moored outboard of any LNG vessel without the permission of the COTP.
(b) The person in charge of shoreside transfer operations must—
(1) Be in continuous communication with the person in charge of transfer operations on the vessel;
(2) Ensure that an inspection of the transfer piping and equipment for leaks, frost, defects, and other symptoms of safety and operational problems is conducted at least once every transfer;
(3) Ensure that transfer operations are discontinued—
(i) Before electrical storms or uncontrolled fires are adjacent to the marine transfer area for LNG; and
(ii) As soon as a fire is detected; and
(4) Ensure that the lighting systems are turned on between sunset and sunrise.
Vessel transfer requirements are published in 46 CFR Part 154.
§ 127.321 Release of LNG.
(a) The operator of the waterfront facility handling LNG must ensure that—
(1) No person releases LNG into the navigable waters of the United States; and
(2) If there is a release of LNG, vessels near the facility are notified of the release by the activation of the warning alarm.
(b) If there is a release of LNG, the person in charge of shoreside transfer operations must—
(1) Immediately notify the person in charge of cargo transfer on the vessel of the intent to shutdown;
(2) Shutdown transfer operations;
(3) Notify the COTP of the release; and
(4) Not resume transfer operations until authorized by the COTP.
Maintenance
§ 127.401 Maintenance: General.
The operator of the waterfront facility handling LNG must ensure that the equipment required under this part is maintained in a safe condition so that it does not cause a release or ignition of LNG.
§ 127.403 Inspections.
The operator must conduct a visual inspection for defects of each pressure-relief device not capable of being tested, at least once each calendar year, with intervals between inspections not exceeding 15 months, and make all repairs in accordance with § 127.405.
§ 127.405 Repairs.
The operator must ensure that—
(a) Equipment repairs are made so that—
(1) The equipment continues to meet the applicable requirements in this subpart and in NFPA 59A (incorporated by reference, see § 127.003); and
(2) Safety is not compromised; and
(b) Welding is done in accordance with NFPA 51B and Section 10.4.3 of NFPA 59A (both incorporated by reference, see § 127.003).
§ 127.407 Testing.
(a) The operator must pressure test under paragraph (b) of this section the transfer system, including piping, hoses, and loading arms, and verify the set pressure of the safety and relief valves—
(1) After the system or the valves are altered;
(2) After the system or the valves are repaired;
(3) After any increase in the MAWP; or
(4) For those components that are not continuously kept at cryogenic temperature, at least once each calendar year, with intervals between testing not exceeding 15 months.
(b) The pressure for the transfer system test under paragraph (a) of this section must be at 1.1 times the MAWP and be held for a minimum of 30 minutes.
§ 127.409 Records.
(a) The operator must keep on file the following information:
(1) A description of the components tested under § 127.407.
(2) The date and results of the test under § 127.407.
(3) A description of any corrective action taken after the test.
(b) The information required by this section must be retained for 24 months.
Personnel Training
§ 127.501 Applicability.
The training required by this subpart must be completed before LNG is transferred.
§ 127.503 Training: General.
The operator shall ensure that each of the following is met:
(a) All full-time employees have training in the following subjects:
(1) Basic LNG firefighting procedures.
(2) LNG properties and hazards.
(b) In addition to the training under paragraph (a) of this section, each person assigned for transfer operations has training in the following subjects:
(1) The examined Operations Manual and examined Emergency Manual.
(2) Advanced LNG firefighting procedures.
(3) Security violations.
(4) LNG vessel design and cargo transfer operations.
(5) LNG release response procedures.
(6) First aid procedures for—
(i) Frostbite;
(ii) Burns;
(iii) Cardio-pulminary resuscitation; and
(iv) Transporting injured personnel.
(c) The personnel who received training under paragraphs (a) and (b) of this section receive refresher training in the same subjects at least once every five years.
Firefighting
§ 127.601 Fire equipment: General.
(a) Fire equipment and systems provided in addition to the requirements in this subpart must meet the requirements of this subpart.
(b) The following must be red or some other conspicuous color and be in locations that are readily accessible:
(1) Hydrants and standpipes.
(2) Hose stations.
(3) Portable fire extinguishers.
(4) Fire monitors.
(c) Fire equipment, if applicable, must bear the approval of Underwriters Laboratories, Inc., the Factory Mutual Research Corp., or the Coast Guard.
§ 127.603 Portable fire extinguishers.
Each marine transfer area for LNG must have—
(a) Portable fire extinguishers that meet Section 16.6.1 of NFPA 59A and Chapter 6 of NFPA 10 (both incorporated by reference, see § 127.003); and
(b) At least one portable fire extinguisher in each designated parking area.
§ 127.605 Emergency outfits.
(a) There must be an emergency outfit for each person whose duties include fighting fires, but there must be at least two emergency outfits. Each emergency outfit must include—
(1) One explosion-proof flashlight;
(2) Boots and gloves of rubber or other electrically nonconducting material;
(3) A rigid helmet that protects the head against impact;
(4) Water resistant clothing that also protects the body against fire; and
(5) U.S. Bureau of Mines approved self-contained breathing apparatus.
(b) Emergency outfits under paragraph (a) of this section must be in locations that are readily accessible and marked for easy recognition.
§ 127.607 Fire main systems.
(a) Each marine transfer area for LNG must have a fire main system that provides at least two water streams to each part of the LNG transfer piping and connections, one of which must be from a single length of hose or from a fire monitor.
(b) The fire main must have at least one isolation valve at each branch connection and at least one isolation valve downstream of each branch connection to isolate damaged sections.
(c) The fire main system must have the capacity to supply—
(1) Simultaneously all fire hydrants, standpipes, and fire monitors in the system; and
(2) At a Pitot tube pressure of 618 kilonewtons per square meter (75 p.s.i.), the two outlets having the greatest pressure drop between the source of water and the hose or monitor nozzle, when only those two outlets are open.
(d) If the source of water for the fire main system is capable of supplying a pressure greater than the system’s design working pressure, the system must have at least one pressure relief device.
(e) Each fire hydrant or standpipe must have at least one length of hose of sufficient length to meet paragraph (a) of this section.
(f) Each length of hose must—
(1) Be 1
(2) Be on a hose rack or reel;
(3) Be connected to the hydrant or standpipe at all times; and
(4) Have a Coast Guard approved combination solid stream and water spray fire hose nozzle.
§ 127.609 Dry chemical systems.
(a) Each marine transfer area for LNG must have a dry chemical system that provides at least two dry chemical discharges to the area surrounding the loading arms, one of which must be—
(1) From a monitor; and
(2) Actuated and, except for pre-aimed monitors, controlled from a location other than the monitor location.
(b) The dry chemical system must have the capacity to supply simultaneously or sequentially each hose or monitor in the system for 45 seconds.
(c) Each dry chemical hose station must have at least one length of hose that—
(1) Is on a hose rack or reel; and
(2) Has a nozzle with a valve that starts and stops the flow of dry chemical.
§ 127.611 International shore connection.
The marine transfer area for LNG must have an international shore connection that is in accordance with ASTM F1121-87 (Reapproved 2019) (incorporated by reference, see § 127.003), a 2
§ 127.613 Smoking.
In the marine transfer area for LNG, the operator must ensure that no person smokes when there is LNG present.
§ 127.615 Fires.
In the marine transfer area for LNG, the operator must ensure that there are no fires when there is LNG present.
§ 127.617 Hotwork.
The operator must ensure that no person conducts welding, torch cutting, or other hotwork unless that person has a permit from the COTP.
Subpart C—Waterfront Facilities Handling Liquefied Hazardous Gas
Design and Construction
§ 127.1101 Piping systems.
Each piping system within the marine transfer area for LHG used for the transfer of LHG must meet the following criteria:
(a) Each system must be designed and constructed in accordance with ASME B31.3-2020 (incorporated by reference, see § 127.003).
(b) Each pipeline on a pier or wharf must be located so that it is not exposed to physical damage from vehicular traffic or cargo-handling equipment. Each pipeline under navigable waters must be covered or protected to meet 49 CFR 195.248.
(c) The transfer manifold of each liquid transfer line and of each vapor return line must have an isolation valve with a bleed connection, such that transfer hoses and loading arms can be blocked off, drained or pumped out, and depressurized before disconnecting. Bleeds or vents must discharge to a safe area such as a tank or flare.
(d) In addition to the isolation valve at the transfer manifold, each liquid-transfer line and each vapor return line must have a readily accessible isolation valve located near the edge of the marine transfer area for LHG.
(e) Each power-operated isolation valve must be timed to close so that it will not produce a hydraulic shock capable of causing failure of the line or equipment. Unless the layout of the piping allows the isolation valve at the transfer manifold to close within 30 seconds without creating excessive stresses on the system, the layout must be reconfigured to reduce the stresses to a safe level.
(f) Each waterfront facility handling LHG that transfers to or from a vessel requiring vapor return during transfer must be equipped with a vapor return line designed to attach to the vessel’s vapor connection.
(g) Where two or more LHGs are loaded or unloaded at the same facility, each manifold must be identified or marked to indicate each LHG it handles.
(h) Each pipeline used to transfer flammable liquids or vapors must be provided with precautions against static, lightning, and stray current in accordance with API RP 2003 (incorporated by reference, see § 127.003).
§ 127.1102 Transfer hoses and loading arms.
(a) Each hose within the marine transfer area for LHG used for the transfer of LHG or its vapors to or from a vessel must—
(1) Be made of materials resistant to each LHG transferred, in both the liquid and vapor state (if wire braid is used for reinforcement, the wire must be of corrosion-resistant material, such as stainless steel);
(2) Be constructed to withstand the temperature and pressure foreseeable during transfer, with a MAWP not less than the maximum pressure to which it may be subjected and at least 1030 kPa gauge (149.4 psig);
(3) Be designed for a minimum bursting pressure of a least five times the MAWP;
(4) Have—
(i) Full-threaded connections;
(ii) Flanges that meet ASME B16.5-2020 (incorporated by reference, see § 127.003); or
(iii) Quick connect couplings that are acceptable to the Commandant;
(5) Be adequately supported against the weight of its constituent parts, the LHG, and any ice formed on it;
(6) Have no kinks, bulges, soft spots, or other defects that will let it leak or burst under normal working pressure; and
(7) Have a permanently attached nameplate that indicates, or otherwise be permanently marked to indicate—
(i) Each LHG for which it is suitable;
(ii) Its MAWP at the corresponding service temperature; and
(iii) If used for service at other than ambient temperature, its minimum service temperature.
(b) Each loading arm used for the transfer of LHG or its vapor must—
(1) Be made of materials resistant to each LHG transferred, in both the liquid and vapor state;
(2) Be constructed to withstand the temperature and pressure foreseeable during transfer;
(3) Be adequately supported against the weight of its constituent parts, the LHG, and any ice formed on it;
(4) Be provided with an alarm to indicate when it is approaching the limits of its extension, unless the examined Operations Manual requires a person to perform the same function; and
(5) Have a permanently attached nameplate that indicates, or otherwise be permanently marked to indicate—
(i) Each LHG it may handle;
(ii) Its MAWP at the corresponding service temperature; and,
(iii) If it is used for service at other than ambient temperature, its minimum service temperature.
§ 127.1103 Piers and wharves.
(a) Each new waterfront facility handling LHG, and all new construction in the marine transfer area for LHG of each facility, must comply with the standards for seismic design and construction in 49 CFR part 41.
(b) Each substructure on a new waterfront facility handling LHG, and all new construction in the marine transfer area for LHG of each facility, except moorings and breasting dolphins, that supports or is within 4.5 meters (14.8 feet) of any pipe or equipment containing a flammable LHG, or that is within 15 meters (49.2 feet) of a loading flange used to transfer a flammable LHG, must have a fire-endurance rating of not less than two hours.
§ 127.1105 Layout and spacing of marine transfer area for LHG.
Each new waterfront facility handling LHG, and all new construction in the marine transfer area for LHG of each facility, must comply with the following:
(a) Each building, shed, and other structure within each marine transfer area for LHG must be located, constructed, or ventilated to prevent the accumulation of flammable or toxic gases within the structure.
(b) Each impounding space for flammable LHGs located within the area must be designed and located so that the heat flux from a fire over the impounding space does not cause, to a vessel, damage that could prevent the vessel’s movement.
(c) Each manifold, loading arm, or independent mating flange must be located at least 60 meters (197 feet) from each of the following structures, if that structure is intended primarily for the use of the general public or of railways:
(1) A bridge crossing a navigable waterway.
(2) The entrance to, or the superstructure of, a tunnel under a navigable waterway.
(d) Each manifold, loading arm, or independent mating flange must be located at least 30 meters (98.5 feet) from each public roadway or railway.
§ 127.1107 Electrical systems.
Electrical equipment and wiring must be of the kind specified by, and must be installed in accordance with, NFPA 70 (incorporated by reference, see § 127.003).
§ 127.1109 Lighting systems.
(a) Each waterfront facility handling LHG, at which transfers of LHG take place between sunset and sunrise, must have outdoor lighting that illuminates the marine transfer area for LHG.
(b) All outdoor lighting must be located or shielded so that it cannot be mistaken for any aids to navigation and does not interfere with navigation on the adjacent waterways.
(c) The outdoor lighting must provide a minimum average illumination on a horizontal plane 1 meter (3.3 feet) above the walking surface of the marine transfer area that is—
(1) 54 lux (5 foot-candles) at any loading flange; and
(2) 11 lux (1 foot-candle) for the remainder of the marine transfer area for LHG.
§ 127.1111 Communication systems.
(a) The marine transfer area for LHG must possess a communication system that enables continuous two way voice communication between the person in charge of transfer aboard the vessel and the person in charge of transfer for the facility.
(b) The communication system required by paragraph (a) of this section may consist either of fixed or portable telephones or of portable radios. The system must be usable and effective in all phases of the transfer and all weather at the facility.
(c) Devices used to comply with paragraph (a) of this section during the transfer of a flammable LHG must be listed as intrinsically safe by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by NFPA, for use in the hazardous location in which it is used.
§ 127.1113 Warning signs.
(a) The marine transfer area for LHG must have warning signs that—
(1) Meet paragraph (b) of this section;
(2) Can be seen from the shore and the water; and,
(3) Except as provided in paragraph (c) of this section, bear the following text:
(b) Each letter on the sign must be—
(1) In block style;
(2) Black on a white background; and
(3) At least 7.6 centimeters (3 inches) high.
(c) The words “No Smoking” and “No Open Lights” may be omitted when the product being transferred is not flammable.
Equipment
§ 127.1203 Gas detection.
(a) Each waterfront facility handling LHG that transfers a flammable LHG must have at least two portable gas detectors, or a fixed gas detector, in the marine transfer area for LHG. Each detector must be capable of indicating whether the concentration of flammable vapors exceeds 30% of the Lower Flammable Limit for each flammable product being transferred and must meet IEC 60079-29-1 (incorporated by reference, see § 127.003).
(b) Each waterfront facility handling LHG that transfers a toxic LHG, other than anhydrous ammonia, must have at least two portable gas detectors, or a fixed gas detector, available in the area. The detectors must be capable of showing whether the concentration of each toxic LHG being transferred is above, at, or below any Permissible Exposure Limit listed in 29 CFR 1910.1000, Table Z-1 or Z-2.
(c) Each gas detector required by paragraph (a) or (b) of this section must serve to detect leaks, check structures for gas accumulations, and indicate workers’ exposure to toxic gases in the area.
§ 127.1205 Emergency shutdown.
(a) Each piping system used to transfer LHG or its vapors to or from a vessel must have a quick-closing shutoff valve to stop the flow of liquid and vapor from the waterfront facility handling LHG if a transfer hose or loading arm fails. This valve may be the isolation valve with a bleed connection required by § 127.1101(c).
(b) The valve required by paragraph (a) of this section must be located as near as practicable to the terminal manifold or loading-arm connection and must—
(1) Close on loss of power;
(2) Close from the time of activation in 30 seconds or less;
(3) Be capable of local manual closing and remotely controlled closing; and,
(4) If the piping system is used to transfer a flammable LHG, either have fusible elements that melt at less than 105 °C (221 °F) and activate the emergency shutdown, or have a sensor that performs the same function.
(c) A remote actuator for each valve must be located in a place accessible in an emergency, at least 15 meters (49.2 feet) from the terminal manifold or loading arm, and conspicuously marked with its designated function. When activated, the actuator must also automatically shut down any terminal pumps or compressors used to transfer LHG, or its vapors, to or from the vessel.
§ 127.1207 Warning alarms.
(a) Each marine transfer area for LHG must have a rotating or flashing amber light that is visible for at least 1,600 meters (1 mile) from the transfer connection in all directions.
(b) Each marine transfer area for LHG must also have a siren that is audible for at least 1,600 meters (1 mile) from the transfer connection in all directions.
(c) Each light and siren required by this section must be located so as to minimize obstructions. If any obstruction will prevent any of these alarms from meeting paragraph (a) or (b) of this section, the operator of the waterfront facility handling LHG must propose for approval by the local COTP additional or alternative warning devices that provide an equivalent level of safety.
§ 127.1209 Respiratory protection.
Each waterfront facility handling LHG must provide equipment for respiratory protection for each employee of the facility in the marine transfer area for LHG during the transfer of one or more of the following toxic LHGs; anhydrous ammonia, chlorine, dimethylamine, ethylene oxide, methyl bromide, sulphur dioxide, or vinyl chloride. The equipment must protect the wearer from the LHG’s vapor for at least 5 minutes.
Operations
§ 127.1301 Persons in charge of transfers for the facility: Qualifications and certification.
(a) No person may serve, or use the services of any person, as a person in charge of transfers for the facility regulated under this subpart, unless that person—
(1) Has at least 48 hours’ transfer experience with each LHG being transferred;
(2) Knows the hazards of each LHG being transferred;
(3) Knows the rules of this subpart; and
(4) Knows the procedures in the examined Operations Manual and the examined Emergency Manual.
(b) Before a person in charge of transfers for a waterfront facility handling LHG supervises a transfer of LHG, the operator of the facility must certify in writing that that person has met the requirements in paragraph (a) of this section. The operator must ensure that a copy of each current certification is available for inspection at the facility.
§ 127.1302 Training.
(a) Each operator of a waterfront facility handling LHG must ensure that each person assigned to act as a person in charge of transfers for the facility has training in the following subjects:
(1) Properties and hazards of each LHG being transferred to or from the facility.
(2) Use of the gas detectors required by § 127.1203.
(3) Use of the equipment for respiratory protection required by § 127.1209.
(4) Basic firefighting procedures, including the use of the portable fire extinguishers required by § 127.1503.
(5) Content and use of the examined Operations Manual and examined Emergency Manual.
(6) The configuration and limitations of cargo systems of LHG vessels.
(7) Procedures for transferring LHG to and from LHG vessels.
(8) Procedures for response to a release of the LHG handled by the facility.
(9) First aid for persons—
(i) With burns;
(ii) Needing cardio-pulmonary resuscitation;
(iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG is handled by the facility); and
(iv) Needing transport to a medical facility.
(10) Restrictions on access to the marine transfer area for LHG.
(b) Each person that receives training under paragraph (a) of this section shall receive refresher training in the same subjects at least once every 5 years.
(c) The operator must maintain, for each person trained, a record of all training provided under paragraphs (a) and (b) of this section. The operator must retain these records for the duration of the person’s employment on the waterfront facility plus 12 months.
(d) Training conducted to comply with the hazard communication programs required by the Occupational Safety and Health Administration (OSHA) of the Department of Labor [29 CFR 1910.120] or the Environmental Protection Agency (EPA) [40 CFR 311.1] may be used to satisfy the requirements in paragraph (a) of this section, so far as the training addresses the requirements in paragraph (a) of this section.
§ 127.1303 Compliance with suspension order.
If the COTP issues to the owner or operator of a waterfront facility handling LHG an order to suspend a transfer, no transfer may take place at the facility until the COTP withdraws the order.
§ 127.1305 Operations Manual.
Each Operations Manual must contain—
(a) A description of each liquid-transfer system and vapor transfer system, including each mooring area, transfer connection, and (where installed) control room, and a diagram of the piping and electrical systems;
(b) The duties of each person assigned to transfers;
(c) The maximum relief-valve setting or MAWP of the transfer system;
(d) The telephone numbers of supervisors, persons in charge of transfers for the facility, persons on watch in the marine transfer area for LHG, and security personnel of the facility;
(e) A description for each security system provided for the transfer area;
(f) A description of the training programs established under § 127.1302;
(g) The procedures to follow for security violations; and
(h) For each LHG handled, the procedures for transfer that include—
(1) Requirements for each aspect of the transfer (start-up, gauging, cooldown, pumping, venting, and shutdown);
(2) The maximum transfer rate;
(3) The minimum transfer temperature;
(4) Requirements for firefighting equipment; and
(5) Communication procedures.
§ 127.1307 Emergency Manual.
(a) Each Emergency Manual must contain—
(1) For each LHG handled—
(i) A physical description of the LHG;
(ii) A description of the hazards of the LHG;
(iii) First-aid procedures for persons exposed to the LHG or its vapors;
(iv) The procedures for response to a release of the LHG; and,
(v) If the LHG is flammable, the procedures for fighting a fire involving the LHG or its vapors;
(2) A description of the emergency shutdown required by § 127.1205;
(3) The procedures for emergency shutdown;
(4) A description of the number, kind, place, and use of the fire equipment required by § 127.1501(a) and of the portable fire extinguishers required by § 127.1503;
(5) The telephone numbers of local Coast Guard units, hospitals, fire departments, police departments, and other emergency-response organizations;
(6) If the facility has personnel shelters, the place of and provisions in each shelter;
(7) If the facility has first-aid stations, the location of each station;
(8) Emergency procedures for mooring and unmooring a vessel; and,
(9) If an off-site organization is to furnish emergency response, a copy of the written agreement required by § 127.1505(a)(2).
(b) The employee-emergency plan and fire-prevention plan required by OSHA in 29 CFR 1910.38 may be used to comply with this section to the extent that they address the requirements specified in paragraphs (a) (1) through (9) of this section.
§ 127.1309 Operations Manual and Emergency Manual: Use.
The operator must ensure that—
(a) LHG transfer operations are not conducted unless the person in charge of transfer for the waterfront facility handling LHG has a printed or electronic copy of the most recently examined Operations Manual and Emergency Manual readily available in the marine transfer area. Electronic devices used to display the manuals must comply with applicable electrical safety standards in this part;
(b) Each transfer is conducted in accordance with the examined Operations Manual; and
(c) Each emergency response is conducted in accordance with the examined Emergency Manual.
§ 127.1311 Motor vehicles.
(a) When LHG is being transferred or stored in the marine transfer area of a waterfront facility handling LHG, the operator must ensure that no person—
(1) Stops or parks a motor vehicle in a space other than a designated parking space;
(2) Refuels a motor vehicle within the area; or
(3) Operates a vehicle or other mobile equipment that constitutes a potential source of ignition within 15 meters (49.2 feet) of any storage container, manifold, loading arm, or independent mating flange containing a flammable liquid or vapor.
(b) If motor vehicles are permitted to stop in the marine transfer area for LHG, the operator shall designate and mark parking spaces that—
(1) Do not block fire lanes;
(2) Do not impede any entrances or exits; and
(3) Are not located within 15 meters (49.2 feet) of any storage container, manifold, loading arm, or independent mating flange containing a flammable liquid or vapor.
§ 127.1313 Storage of hazardous materials.
(a) Each operator of a waterfront facility handling LHG must ensure that no materials listed in the table of hazardous materials under 49 CFR 172.101, except for the following, are stored in the marine transfer area for LHG:
(1) The LHG being transferred.
(2) Fuel required by the vessel, or by emergency equipment in the area.
(3) Oily wastes received from vessels.
(4) Solvents, lubricants, paints and similar materials in the amount required for one day’s operations and maintenance.
(b) The operator must ensure that flammable liquids not stored in bulk are stored in accordance with NFPA 30 (incorporated by reference, see § 127.003).
§ 127.1315 Preliminary transfer inspection.
Before each transfer, the person in charge of transfer for the facility must—
(a) Inspect piping and equipment within the marine transfer area for LHG to be used for transfer and ensure that it meets the requirements in this part;
(b) Determine the contents, pressure, temperature, and capacity of each storage tank to or from which LHG will be transferred, to ensure that it is safe for transfer;
(c) Confer with the person in charge of transfer aboard the vessel, to review and agree on—
(1) The sequence of acts required for transfer;
(2) The rate, maximum working pressure, and minimum working temperature of transfer;
(3) The duties, stations, and watches of each person assigned for transfer; and
(4) The emergency procedures in the examined Emergency Manual;
(d) Ensure that the vessel is securely moored and that the transfer connections allow it to move to the limits of its moorings without placing a strain on the piping, hose, or loading arm used for transfer;
(e) Ensure that each part of the transfer system is aligned to allow the flow of LHG to the desired place;
(f) Ensure the display of the warning signs required by § 127.1113;
(g) Ensure that the requirements of this part concerning smoking and fire protection are met;
(h) Ensure that qualified personnel are on duty in accordance with the examined Operations Manual and §§ 127.1301 and 127.1302; and
(i) Test the following to determine that they are operable:
(1) The communication system required by § 127.1111.
(2) The gas detectors required by § 127.1203.
§ 127.1317 Declaration of Inspection.
(a) Each person in charge of transfer for the facility must ensure that no person transfers LHG to or from a vessel until a Declaration of Inspection that meets paragraph (c) of this section is executed and signed by both the person in charge aboard the vessel and the person in charge for the facility.
(b) No person in charge of transfer for the facility may sign the Declaration unless that person has fulfilled the requirements of § 127.1315 and has indicated fulfillment of each requirement by writing his or her initials in the appropriate space on the Declaration.
(c) Each Declaration must contain—
(1) The name of the vessel and that of the facility;
(2) The date and time that the transfer begins;
(3) A list of the requirements in § 127.1315 with the initials of both the person in charge aboard the vessel and the person in charge for the facility after each requirement, indicating the fulfillment of the requirement;
(4) The signatures of both the person in charge aboard the vessel and the person in charge for the facility, and the date and time of signing, indicating that they are both ready to begin transfer; and
(5) The signature of each relief person in charge and the date and time of each relief.
(d) The person in charge of transfer for the facility must give one signed copy of the Declaration to the person in charge of transfer aboard the vessel and retain the other.
(e) Each operator of a facility must retain a signed copy of the Declaration at the facility for 30 days after the transfer.
§ 127.1319 Transfer of LHG.
(a) The operator of a waterfront facility handling LHG must notify the COTP of the time and place of each transfer of LHG in bulk at least 4 hours before it begins.
(b) During transfer, each operator of a waterfront facility handling LHG must ensure that—
(1) The marine transfer area for LHG is under the supervision of a person in charge certified for transfers of LHG, who has no other assigned duties during the transfer;
(2) The person in charge supervises transfers only to or from one vessel at a time unless authorized by the COTP.
(3) No person transferring fuel or oily waste is involved in the transfer; and
(4) No vessel is moored outboard of any LHG vessel unless allowed by the COTP or the examined Operations Manual of the facility.
(c) During transfer, each person in charge of transfer for the facility must—
(1) Maintain communication with the person in charge of transfer aboard the LHG vessel;
(2) Ensure that an inspection of the transfer piping and equipment for leaks, frost, defects, and other threats to safety takes place at least once every transfer;
(3) Ensure that—
(i) Transfer of LHG is discontinued as soon as a release or fire is detected in the area or aboard the vessel; and
(ii) Transfer of flammable LHG is discontinued when electrical storms or uncontrolled fires approach near the area; and
(4) Ensure that the outdoor lighting required by § 127.1109 is turned on between sunset and sunrise.
(d) Upon completion of transfer of LHG, each operator of a waterfront facility handling LHG must ensure that hoses and loading arms used for transfer are drained of LHG residue and depressurized before disconnecting from the vessel.
Corresponding standards for vessels appear at 46 CFR part 154.
§ 127.1321 Release of LHG.
(a) Each operator of a waterfront facility handling LHG must ensure that—
(1) No person intentionally releases LHG into the environment; and
(2) If a release of LHG or its vapor threatens vessels or persons outside the marine transfer area for LHG, they are notified by the warning devices.
(b) If LHG or its vapor is released, the person in charge of transfer for the facility must—
(1) Immediately notify the person in charge of transfer aboard the vessel that transfer must be shut down;
(2) Shut down transfer in coordination with the person aboard the vessel;
(3) Notify the COTP of the release; and
(4) Not resume transfer until authorized by the COTP.
§ 127.1325 Access to marine transfer area for LHG.
Each operator of a waterfront facility handling LHG must ensure that—
(a) Access to the marine transfer area for LHG from shoreside and waterside is limited to—
(1) Personnel who work in the area, transfer personnel, vessel personnel, and delivery and service personnel in the course of their business;
(2) Federal, State, and local officials; and
(3) Other persons authorized by the operator;
(b) Each person allowed into the area is positively identified as someone authorized to enter and that each person other than an employee of the facility displays an identifying badge;
(c) Guards are stationed, and fences or other devices are installed, to prevent, detect, and respond to unauthorized access, fires, and releases of LHG in the area, except that alternative measures approved by the COTP (such as electronic monitoring or random patrols) will be sufficient where the stationing of guards is impracticable; and
(d) Coast Guard personnel are allowed access to the facility, at any time, to make any examination or to board any vessel moored at the facility.
Maintenance
§ 127.1401 General.
Each operator of a waterfront facility handling LHG must ensure that all cargo handling equipment is operable, and that no equipment that may cause the release or ignition of LHG is used in the marine transfer area for LHG.
§ 127.1403 Inspections.
(a) Each operator of a waterfront facility handling LHG must conduct a visual inspection for defects of each pressure relief device not capable of being tested.
(b) The operator must conduct the inspection required by paragraph (a) of this section at least once each calendar year, with intervals between inspections not exceeding 15 months.
§ 127.1405 Repairs.
Each operator of a waterfront facility handling LHG must ensure that—
(a) Equipment is repaired so that—
(1) The equipment continues to meet the applicable requirements in this subpart;
(2) Safety is not compromised; and
(b) Welding and cutting meet NFPA 51B (incorporated by reference, see § 127.003).
§ 127.1407 Tests.
(a) Each operator of a waterfront facility handling LHG must conduct a static liquid-pressure test of the piping, hoses, and loading arms of the LHG-transfer system located in the marine transfer area for LHG, and must verify the set pressure of the safety and relief valves—
(1) After the system or the valves are altered;
(2) After major repairs to the system or the valves;
(3) After any increase in the MAWP of the system; and
(4) At least once each calendar year, with intervals between tests not exceeding 15 months.
(b) The pressure for the test under paragraph (a) of this section must be at least 1.1 times the MAWP and last for at least 30 minutes.
(c) The operator must conduct a test of each pressure gauge, to ensure that the displayed pressure is within 10 percent of the actual pressure, at least once each calendar year, with intervals between tests not exceeding 15 months.
(d) The operator must conduct a test of each item of remote operating or indicating equipment, such as a remotely operated valve, at least once each calendar year, with intervals between tests not exceeding 15 months.
(e) The operator must conduct a test of the emergency shutdown required by § 127.1205 at least once every two months, to ensure that it will perform as intended. If transfers of LHG occur less often than every two months, the operator may conduct this test before each transfer instead of every two months.
(f) The operator must conduct a test of the warning alarm required by § 127.1207 at least once every six months, to ensure that it will perform as intended. If transfers of LHG occur less often than every six months, the operator may conduct this test before each transfer instead of every six months.
§ 127.1409 Records.
(a) Each operator of a waterfront facility handling LHG must keep on file:
(1) A description of the components inspected or tested under § 127.1403 or 127.1407.
(2) The date and results of each inspection or test under § 127.1403 or 127.1407.
(3) A description of any repair made after the inspection or test.
(4) The date and a description of each alteration or major repair to the LHG transfer system or its valves.
(b) The operator must keep this information on file for at least 24 months after the inspection, test, alteration, or major repair.
Firefighting Equipment
§ 127.1501 General.
(a) The number, kind, and place of equipment for fire detection, protection, control, and extinguishment must be determined by an evaluation based upon sound principles of fire-protection engineering, analysis of local conditions, hazards within the waterfront facility handling LHG, and exposure to other property. A description of the number, kind, place, and use of fire equipment determined by this evaluation must appear in the Emergency Manual for each facility. The evaluation for each new facility and for all new construction on each facility must be submitted to the COTP for review when the emergency manual is submitted under § 127.1307.
(b) All fire equipment for each facility must be adequately maintained, and periodically inspected and tested, so it will perform as intended.
(c) The following must be red or some other conspicuous color and be in places that are readily accessible:
(1) Hydrants and standpipes.
(2) Hose stations.
(3) Portable fire extinguishers.
(4) Fire monitors.
(d) Fire equipment must bear the approval, if applicable, of Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by NFPA.
§ 127.1503 Portable fire extinguishers.
Each operator of a waterfront facility handling LHG must provide portable fire extinguishers of appropriate, number, size, and kind in the marine transfer area for LHG in accordance with NFPA 10 (incorporated by reference, see § 127.003).
§ 127.1505 Emergency response and rescue.
(a) Each waterfront facility handling LHG must arrange for emergency response and rescue pending the arrival of resources for firefighting or pollution control. Response and rescue may be performed by facility personnel or by an off-site organization.
(1) If response and rescue are performed by facility personnel, appropriate training and equipment for personnel protection must be furnished to those personnel. Training and equipment that meets 29 CFR 1910.120, hazardous-waste operations and emergency response, will be appropriate.
(2) If response and rescue are performed by an off-site organization, the organization must enter into a written agreement with the facility indicating the services it will perform and the time within which it will perform them to injured or trapped personnel.
(b) [Reserved]
§ 127.1507 Water systems for fire protection.
(a) Each waterfront facility handling LHG must have a supply of water and a means for distributing and applying the water to protect personnel; to cool storage tanks, equipment, piping, and vessels; and to control unignited leaks and spills in the marine transfer area for LHG except when the evaluation required by § 127.1501(a) indicates otherwise. The evaluation must address fire protection for structures, cargo, and vessels. Each water system must include on the pier or wharf at least one 2
(b) Each water system must fully and simultaneously supply, for at least 2 hours, all fixed fire-protection systems, including monitor nozzles, at their designed flow and pressure for the worst single incident foreseeable, plus 63 L/s (1000 gpm) for streams from hand-held hoses.
§ 127.1509 Equipment for controlling and extinguishing fires.
(a) Within each marine transfer area for LHG of each waterfront facility handling LHG that transfers a flammable LHG, portable or wheeled fire extinguishers suitable for gas fires, preferably dry chemical extinguishers, must be available at strategic sites, as determined by the evaluation required by § 127.1501(a).
(b) Fixed systems for extinguishing or controlling fires may be appropriate for protection against particular hazards. The evaluation required by § 127.1501(a) may specify the use of one or more of the following fixed systems:
(1) Low-, medium-, or high-expansion foam.
(2) Dry chemicals.
(3) Water applied as deluge, spray, or sprinkle.
(4) Carbon dioxide.
(5) Other NFPA approved fire extinguishing media.
§ 127.1511 International shore connection.
Each marine transfer area for LHG that receives foreign flag vessels must have an international shore connection meeting the requirements of ASTM F1121-87 (Reapproved 2019) (incorporated by reference, see § 127.003).
Fire Protection
§ 127.1601 Smoking.
Each operator of a waterfront facility handling LHG must ensure that no person smokes in the marine transfer area for LHG unless—
(a) Neither flammable LHG nor its vapors are present in the area; and
(b) The person is in a place designated and marked in accordance with local law.
§ 127.1603 Hotwork.
Each operator of a waterfront facility handling LHG must ensure that no person conducts welding, torch cutting, or other hotwork on the facility, or on a vessel moored to the facility, unless—
(a) The COTP has issued a permit for that hotwork; and
(b) The conditions of the permit are met.
§ 127.1605 Other sources of ignition.
Each operator of a waterfront facility handling LHG must ensure that in the marine transfer area for LHG—
(a) There are no open fires or open flame lamps;
(b) Heating equipment will not ignite combustible material;
(c) Each chimney and appliance has a spark arrestor if it uses solid fuel or is located where sparks may ignite combustible material; and
(d) All rubbish, debris, and waste go into appropriate receptacles.
PART 128 [RESERVED]
SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION
PART 133—OIL SPILL LIABILITY TRUST FUND; STATE ACCESS
§ 133.1 Purpose.
This part prescribes procedures for the Governor of a State to request payments from the Oil Spill Liability trust Fund (the Fund) for oil pollution removal costs under section 1012(d)(1) of the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2712(d)(1)).
§ 133.3 Definitions.
(a) As used in this part, the following terms have the same meaning as set forth in section 1001 of the Act (33 U.S.C. 2701): “discharge”, “exclusive economic zone”, “Fund”, “incident”, “National Contingency Plan”, “navigable waters”, “oil”, “remove”, “removal”, “removal costs”, “responsible party”, “State”, and “United States”.
(b) As used in this part—
Act means Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 through 2719).
Director, NPFC, means the person in charge of the U.S. Coast Guard National Pollution Funds Center or that person’s authorized representative.
NPFC means the Director National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605.
On-Scene Coordinator or OSC means the Federal official predesignated by the Environmental Protection Agency or the U.S. Coast Guard to direct and coordinate all efforts for removal of a discharge, or the mitigation or the prevention of a substantial threat of a discharge, of oil.
Removal action means an incident-specific activity taken under this part to contain or remove a discharge, or to mitigate or prevent a substantial threat of a discharge, of oil.
§ 133.5 Requests: General.
(a) Upon a request submitted in accordance with this part by the Governor of a State or his or her designated State official, the OSC may obtain a Federal Project Number (FPN) and a ceiling not to exceed $250,000 per incident for removal costs. The removal costs must be for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil.
(b) Before a request under this part is made, the State official will ensure that the procedures in the National Contingency Plan (40 CFR part 300) for notifying Federal authorities of the discharge or threat of discharge have been met.
(c) The Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), 2 CFR part 3000, 6 CFR part 9, and 49 CFR parts 18 and 90, apply to Fund monies obligated for payment under this part.
§ 133.7 Requests: Amount.
(a) The amount of funds that may be requested under this part—
(1) Is limited to the amount anticipated for immediate removal action for a single oil pollution incident, but, in any event, may not exceed $250,000 per incident;
(2) Must be for removal costs consistent with the National Contingency Plan; and
(3) Must be reasonable for the removal actions proposed, considering such factors as quantity and composition of the oil, weather conditions and customary costs of similar services in the locale.
(b) The funds requested are obligated only to the extent they are determined to be for immediate removal actions which are reasonable and otherwise eligible for payment under this part.
§ 133.9 Requests: Where made.
Requests for access to the Fund under § 133.5 must be made by telephone or other rapid means to the OSC.
§ 133.11 Request: Contents.
In making a request for access to the Fund, the person making the request shall—
(a) Indicate that the request is a State access request under 33 CFR part 133;
(b) Give his or her name, title, department, and State;
(c) Describe the incident in sufficient detail to allow a determination of jurisdiction, including at a minimum the date of the occurrence, type of product discharged, estimated quantity of the discharge, body of water involved, and proposed removal actions for which funds are being requested under this part; and
(d) Indicate the amount of funds being requested.
§ 133.13 Removal actions eligible for funding.
To be eligible for funding under this part, each removal action must meet the following:
(a) Must be for an incident, occurring after August 18, 1990, which resulted in a discharge, or the substantial threat of a discharge, of oil into or upon the navigable waters or adjoining shorelines.
(b) Must comply with the National Contingency Plan.
(c) Must be an immediate removal action.
§ 133.15 Determination of eligibility for funding.
Upon receipt of the information under § 133.11 and, if necessary, from other sources determined to be appropriate at his or her discretion, the OSC will determine whether the proposed removal actions meet the requirements of § 133.13. If necessary, the OSC may seek further clarification of the proposed actions from the State official. The OSC shall expeditiously notify the State official and the Director, NPFC, of his or her decision.
§ 133.17 Conduct of removal actions.
Removal actions funded under this part must be coordinated with the OSC and conducted in accordance with the National Contingency Plan.
§ 133.19 Recordkeeping.
(a) The State official shall maintain detailed records of expenditures made from the funds provided under this part, including records of—
(1) Daily expenditures for each individual worker, giving the individual’s name, title or position, activity performed, time on task, salary or hourly rate, travel costs, per diem, out-of-pocket or extraordinary expenses, and whether the individual is normally available for oil spill removal;
(2) Equipment purchased or rented each day, with the daily or hourly rate;
(3) Miscellaneous materials and expendables purchased each day; and
(4) Daily contractor or consultant fees, including costs for their personnel and contractor-owned or rented equipment, as well as that of any subcontractor.
(b) The State official shall submit a copy of these records and a summary document stating the total of all expenditures made to the NPFC official specified in § 133.25(c) within thirty days after completion of the removal actions. A copy of these documents shall also be submitted to the cognizant OSC.
(c) Upon request of the OSC or the NPFC, the State official shall make the original records available for inspection.
(d) If, after inspecting the records, the Director, NPFC, determines that expenditures by a State official from funds obligated under this part were not eligible for funding under this part and the expenditures were not made with the good faith understanding that they were eligible under this part, the Director, NPFC, may seek reimbursement to the Fund from the State.
§ 133.21 Records retention.
(a) The State official shall maintain all records for ten years following completion of the removal actions.
(b) If any litigation, claim, negotiation, audit, cost recovery, or other action involving the records has been started before the expiration of the ten-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular ten-year period, whichever is later.
§ 133.23 Investigation to determine the source and responsible party.
(a) The State official shall promptly make a thorough investigation to determine the source of the incident and the responsible party.
(b) Upon completion of the investigation, the State official shall forward the results of the investigation and copies of the supporting evidence identifying the source and the responsible party to both the cognizant OSC and the NPFC official specified in § 133.25(c).
§ 133.25 Notification of Governor’s designee.
(a) If the Governor of a State anticipates the need to access the Fund under this part, he or she must advise the NPFC in writing of the specific individual who is designated to make requests under this part.
(b) This designation must include the individual’s name, address, telephone number, and title or capacity in which employed.
(c) The information required by paragraph (b) of this section must be forwarded to the Director National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605.
PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT
Subpart A—General
§ 136.1 Purpose and applicability.
(a) This part prescribes regulations for—
(1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone;
(2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and
(3) Other related matters.
(b) This part applies to claims resulting from incidents occurring after August 18, 1990.
(c) Nothing in this part—
(1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
(i) The discharge of oil or other pollution by oil within such State; or
(ii) Any removal activities in connection with such a discharge; or
(2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law; or
(3) Affects the authority of any State—
(i) To establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
(ii) To require any person to contribute to such a fund; or
(4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil.
§ 136.3 Information.
Anyone desiring to file a claim against the Fund may obtain general information on the procedure for filing a claim from the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605, (800) 280-7118.
§ 136.5 Definitions.
(a) As used in this part, the following terms have the same meaning as set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, facility, foreign claimant, foreign offshore unit, Fund, guarantor, incident, National Contingency Plan, natural resources, navigable waters, offshore facility, oil, onshore facility, owner or operator, person, removal costs, responsible party, State, United States, and vessel.
(b) As used in this part—
Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; 33 U.S.C. 2701 through 2719).
Director, NPFC, means the person in charge of the U.S. Coast Guard National Pollution Funds Center or that person’s authorized representative.
FOSC means the Federal On-Scene Coordinator designated under the National Contingency Plan or that person’s authorized representative.
NPFC means the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605.
§ 136.7 Foreign claimants.
In addition to other applicable limitations on presenting claims to the Fund, claims by foreign claimants to recover removal costs or damages may be presented only when the requirements of section 1007 of the Act (33 U.S.C. 2707) are met.
§ 136.9 Falsification of claims.
Persons submitting false claims or making false statements in connection with claims under this part may be subject to prosecution under Federal law, including but not limited to 18 U.S.C. 287 and 1001. In addition, persons submitting written documentation in support of claims under this part which they know, or should know, is false or omits a material fact may be subject to a civil penalty for each claim. If any payment is made on the claim, the claimant may also be subject to an assessment of up to twice the amount claimed. These civil sanctions may be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, as implemented in 6 CFR part 13.
Subpart B—General Procedure
§ 136.101 Time limitations on claims.
(a) Except as provided under section 1012(h)(3) of the Act (33 U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will consider a claim only if presented in writing to the Director, NPFC, within the following time limits:
(1) For damages, within three years after—
(i) The date on which the injury and its connection with the incident in question were reasonably discoverable with the exercise of due care.
(ii) In the case of natural resources damages under section 1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under paragraph (a)(1)(i) of this section, or within three years from the date of completion of the natural resources damage assessment under section 1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later.
(2) For removal costs, within six years after the date of completion of all removal actions for the incident. As used in this paragraph, “date of completion of all removal actions” is defined as the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis for the costs being claimed are completed, whichever is earlier.
(b) Unless the Director, NPFC, directs in writing that the claim be submitted elsewhere, a claim is deemed presented on the date the claim is actually received at the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605. If the Director, NPFC, directs that the claim be presented elsewhere, the claim is deemed presented on the date the claim is actually received at the address in the directive.
§ 136.103 Order of presentment.
(a) Except as provided in paragraph (b) of this section, all claims for removal costs or damages must be presented first to the responsible party or guarantor of the source designated under § 136.305.
(b) Claims for removal costs or damages may be presented first to the Fund only—
(1) By any claimant, if the Director, NPFC, has advertised, or otherwise notified claimants in writing, in accordance with § 136.309(e);
(2) By a responsible party who may assert a claim under section 1008 of the Act (33 U.S.C. 2708);
(3) By the Governor of a State for removal costs incurred by that State; or
(4) By a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a) of the Act (33 U.S.C. 2712(a)).
(c) If a claim is presented in accordance with paragraph (a) of this section and—
(1) Each person to whom the claim is presented denies all liability for the claim; or
(2) The claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to § 136.309(d), whichever is later, the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund.
(d) No claim of a person against the Fund will be approved or certified for payment during the pendency of an action by the person in court to recover costs which are the subject of the claim.
§ 136.105 General requirements for a claim.
(a) The claimant bears the burden of providing all evidence, information, and documentation deemed necessary by the Director, NPFC, to support the claim.
(b) Each claim must be in writing for a sum certain for compensation for each category of uncompensated damages or removal costs (as described in Subpart C of this part) resulting from an incident. If at any time during the pendency of a claim against the Fund the claimant receives any compensation for the claimed amounts, the claimant shall immediately amend the claim.
(c) Each claim must be signed in ink by the claimant certifying to the best of the claimant’s knowledge and belief that the claim accurately reflects all material facts.
(d) In addition to the other requirements of this section, any claim presented by a legal representative of the claimant must also be signed by the legal representative and—
(1) Be presented in the name of the claimant;
(2) Show the title or legal capacity of the representative; and
(3) Provide proof of authority to act for the claimant.
(e) Each claim must include at least the following, as applicable:
(1) The full name, street and mailing addresses of residence and business, and telephone numbers of the claimant.
(2) The date, time, and place of the incident giving rise to the claim.
(3) The identity of the vessel, facility, or other entity causing or suspected to have caused the removal costs or damages claimed and the basis for such identity or belief.
(4) A general description of the nature and extent of the impact of the incident, the costs associated with removal actions, and damages claimed, by category as delineated in Subpart C of this part, including, for any property, equipment, or similar item damaged, the full name, street and mailing address, and telephone number of the actual owner, if other than the claimant.
(5) An explanation of how and when the removal costs or damages were caused by, or resulted from, an incident.
(6) Evidence to support the claim.
(7) A description of the actions taken by the claimant, or other person on the claimant’s behalf, to avoid or minimize removal costs or damages claimed.
(8) The reasonable costs incurred by the claimant in assessing the damages claimed. This includes the reasonable costs of estimating the damages claimed, but not attorney’s fees or other administrative costs associated with preparation of the claim.
(9) To the extent known or reasonably identifiable by the claimant, the full name, street and mailing address, and telephone number of each witness to the incident, to the discharge, or to the removal costs or damages claimed, along with a brief description of that person’s knowledge.
(10) A copy of written communications and the substance of verbal communications, if any, between the claimant and the responsible party or guarantor of the source designated under § 136.305 and a statement indicating that the claim was presented to the responsible party or guarantor, the date it was presented, that it was denied or remains not settled and, if known, the reason why it was denied or remains not settled.
(11) If the claimant has insurance which may cover the removal costs or damages claimed, the information required under § 136.111.
(12) A statement by the claimant that no action has been commenced in court against the responsible party or guarantor of the source designated under § 136.305 or, if an action has been commenced, a statement identifying the claimant’s attorney and the attorney’s address and phone number, the civil action number, and the court in which the action is pending.
(13) In the discretion of the Director, NPFC, any other information deemed relevant and necessary to properly process the claim for payment.
§ 136.107 Subrogated claims.
(a) The claims of subrogor (e.g., insured) and subrogee (e.g., insurer) for removal costs and damages arising out of the same incident should be presented together and must be signed by all claimants.
(b) A fully subrogated claim is payable only to the subrogee.
(c) A subrogee must support a claim in the same manner as any other claimant.
§ 136.109 Removal costs and multiple items of damages.
(a) A claimant must specify all of the claimant’s known removal costs or damages arising out of a single incident when submitting a claim.
(b) Removal costs and each separate category of damages (as described in subpart C of this part) must be separately listed with a sum certain attributed to each type and category listed.
(c) At the sole discretion of the Director, NPFC, removal costs and each separate category of damages may be treated separately for settlement purposes.
§ 136.111 Insurance.
(a) A claimant shall provide the following information concerning any insurance which may cover the removal costs or damages for which compensation is claimed:
(1) The name and address of each insurer.
(2) The kind and amount of coverage.
(3) The policy number.
(4) Whether a claim has been or will be presented to an insurer and, if so, the amount of the claim and the name of the insurer.
(5) Whether any insurer has paid the claim in full or in part or has indicated whether or not payment will be made.
(b) If requested by the Director, NPFC, the claimant shall provide a copy of the following material:
(1) All insurance policies or indemnification agreements.
(2) All written communications, and a summary of all oral communications, with any insurer or indemnifier.
(c) A claimant shall advise the Director, NPFC, of any changes in the information provided under this section.
§ 136.113 Other compensation.
A claimant must include an accounting, including the source and value, of all other compensation received, applied for, or potentially available as a consequence of the incident out of which the claim arises including, but not limited to, monetary payments, goods or services, or other benefits.
§ 136.115 Settlement and notice to claimant.
(a) Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is final and conclusive for all purposes and, upon payment, constitutes a release of the Fund for the claim. In addition, acceptance of any compensation from the Fund precludes the claimant from filing any subsequent action against any person to recover costs or damages which are the subject of the compensated claim. Acceptance of any compensation also constitutes an agreement by the claimant to assign to the Fund any rights, claims, and causes of action the claimant has against any person for the costs and damages which are the subject of the compensated claims and to cooperate reasonably with the Fund in any claim or action by the Fund against any person to recover the amounts paid by the Fund. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation received from any other source for the same costs and damages and providing any documentation, evidence, testimony, and other support, as may be necessary for the Fund to recover from any person.
(b) Claimant’s failure to accept an offer of settlement within 60 days after the date the offer was mailed to the claimant automatically voids the offer. The Director, NPFC, reserves the right to revoke an offer at any time.
(c) A claimant will be notified in writing sent by certified or registered mail whenever a claim against the Fund is denied. The failure of the Director, NPFC, to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim.
(d) The Director, NPFC, upon written request of the claimant or of a person duly authorized to act on the claimant’s behalf, reconsiders any claim denied. The request for reconsideration must be in writing and include the factual or legal grounds for the relief requested, providing any additional support for the claim. The request must be received by the Director, NPFC, within 60 days after the date the denial was mailed to the claimant or within 30 days after receipt of the denial by the claimant, whichever date is earlier. Reconsideration may only be requested once for each claim denied. The Director, NPFC will provide the claimant seeking reconsideration with written notification of the decision within 90 days after receipt of the request for reconsideration. This written decision is final. The failure of the Director, NPFC, to make final disposition of a reconsideration within 90 days after it is received shall, at the option of the claimant any time thereafter, be deemed a final denial of the reconsideration.
Subpart C—Procedures for Particular Claims
§ 136.201 Authorized claimants.
A claim for removal costs may be presented by any claimant.
§ 136.203 Proof.
In addition to the requirements of Subparts A and B of this part, a claimant must establish—
(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident;
(b) That the removal costs were incurred as a result of these actions;
(c) That the actions taken were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC.
§ 136.205 Compensation allowable.
The amount of compensation allowable is the total of uncompensated reasonable removal costs of actions taken that were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. Except in exceptional circumstances, removal activities for which costs are being claimed must have been coordinated with the FOSC.
§ 136.207 Authorized claimants.
(a) Claims for uncompensated natural resource damages may be presented by an appropriate natural resources trustee. However, in order to facilitate the processing of these claims with respect to a single incident where multiple trustees are involved and to prevent double recovery, the affected trustees should select a lead administrative trustee who will present consolidated claims on behalf of the trustees.
(b) A trustee may present a claim for the reasonable cost of assessing natural resources damages separately from a claim for the cost of developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the natural resources damaged.
§ 136.209 Proof.
In addition to the requirements of subparts A and B of this part, a trustee must do the following:
(a) Submit the assessment and restoration plans which form the basis of the claim.
(b) Provide documented costs and cost estimates for the claim. Final cost estimates for conducting damage assessments or implementing a restoration plan may form the basis for a claim against the Fund for an uncompensated natural resources damage claim.
(c) Identify all trustees who may be potential claimants for the same natural resources damaged.
(d) Certify the accuracy and integrity of any claim submitted to the Fund, and certify that any actions taken or proposed were or will be conducted in accordance with the Act and consistent with all applicable laws and regulations.
(e) Certify whether the assessment was conducted in accordance with applicable provisions of the natural resources damage assessment regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. 2706(e)(1)). Identify any other or additional damage assessment regulations or methodology utilized.
(f) Certify that, to the best of the trustee’s knowledge and belief, no other trustee has the right to present a claim for the same natural resources damages and that payment of any subpart of the claim presented would not constitute a double recovery for the same natural resources damages.
§ 136.211 Compensation allowable.
(a) The amount of compensation allowable is the reasonable cost of assessing damages, and the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the damaged natural resources.
(b) In addition to any other provision of law respecting the use of sums recovered for natural resources damages, trustees shall reimburse the Fund for any amounts received from the Fund in excess of that amount required to accomplish the activities for which the claim was paid.
§ 136.213 Authorized claimants.
(a) A claim for injury to, or economic losses resulting from the destruction of, real or personal property may be presented only by a claimant either owning or leasing the property.
(b) Any claim for loss of profits or impairment of earning capacity due to injury to, destruction of, or loss of real or personal property must be included as subpart of the claim under this section and must include the proof required under § 136.233.
§ 136.215 Proof.
(a) In addition to the requirements of subparts A and B of this part, a claimant must establish—
(1) An ownership or leasehold interest in the property;
(2) That the property was injured or destroyed;
(3) The cost of repair or replacement; and
(4) The value of the property both before and after injury occurred.
(b) In addition, for each claim for economic loss resulting from destruction of real or personal property, the claimant must establish—
(1) That the property was not available for use and, if it had been, the value of that use;
(2) Whether or not substitute property was available and, if used, the costs thereof; and
(3) That the economic loss claimed was incurred as the result of the injury to or destruction of the property.
§ 136.217 Compensation allowable.
(a) The amount of compensation allowable for damaged property is the lesser of—
(1) Actual or estimated net cost of repairs necessary to restore the property to substantially the same condition which existed immediately before the damage;
(2) The difference between value of the property before and after the damage; or
(3) The replacement value.
(b) Compensation for economic loss resulting from the destruction of real or personal property may be allowed in an amount equal to the reasonable costs actually incurred for use of substitute commercial property or, if substitute commercial property was not reasonably available, in an amount equal to the net economic loss which resulted from not having use of the property. When substitute commercial property was reasonably available, but not used, allowable compensation for loss of use is limited to the cost of the substitute commercial property, or the property lost, whichever is less. Compensation for loss of use of noncommercial property is not allowable.
(c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.213(b) is limited to that allowable under § 136.235.
§ 136.219 Authorized claimants.
(a) A claim for loss of subsistence use of natural resources may be presented only by a claimant who actually uses, for subsistence, the natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.
(b) A claim for loss of profits or impairment of earning capacity due to loss of subsistence use of natural resources must be included as part of the claim under this section and must include the proof required under § 136.233.
§ 136.221 Proof.
In addition to the requirements of subparts A and B of this part, a claimant must provide—
(a) The identification of each specific natural resource for which compensation for loss of subsistence use is claimed;
(b) A description of the actual subsistence use made of each specific natural resource by the claimant;
(c) A description of how and to what extent the claimant’s subsistence use was affected by the injury to or loss of each specific natural resource;
(d) A description of each effort made by the claimant to mitigate the claimant’s loss of subsistence use; and
(e) A description of each alternative source or means of subsistence available to the claimant during the period of time for which loss of subsistence is claimed, and any compensation available to the claimant for loss of subsistence.
§ 136.223 Compensation allowable.
(a) The amount of compensation allowable is the reasonable replacement cost of the subsistence loss suffered by the claimant if, during the period of time for which the loss of subsistence is claimed, there was no alternative source or means of subsistence available.
(b) The amount of compensation allowable under paragraph (a) of this section must be reduced by—
(1) All compensation made available to the claimant to compensate for subsistence loss;
(2) All income which was derived by utilizing the time which otherwise would have been used to obtain natural resources for subsistence use; and
(3) Overheads or other normal expenses of subsistence use not incurred as a result of the incident.
(c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.219(b) is limited to that allowable under § 136.235.
§ 136.225 Authorized claimants.
A claim for net loss of revenue due to the injury, destruction, or loss of real property, personal property, or natural resources may be presented only by an appropriate claimant sustaining the loss. As used in this section and § 136.277, “revenue” means taxes, royalties, rents, fees, and net profit shares.
§ 136.227 Proof.
In addition to the requirements of Subparts A and B, a claimant must establish—
(a) The identification and description of the economic loss for which compensation is claimed, including the applicable authority, property affected, method of assessment, rate, and method and dates of collection;
(b) That the loss of revenue was due to the injury to, destruction of, or loss of real or personal property or natural resources;
(c) The total assessment or revenue collected for comparable revenue periods; and
(d) The net loss of revenue.
§ 136.229 Compensation allowable.
The amount of compensation allowable is the total net revenue actually lost.
§ 136.231 Authorized claimants.
(a) A claim for loss of profits or impairment of earning capacity due to the injury to, destruction of, or loss of real or personal property or natural resources may be presented by a claimant sustaining the loss or impairment. The claimant need not be the owner of the damaged property or resources to recover for lost profits or income.
(b) A claim for loss of profits or impairment of earning capacity that also involves a claim for injury to, or economic losses resulting from destruction of, real or personal property must be claimed under § 136.213.
(c) A claim for loss of profits or impairment of earning capacity that also involves a claim for loss of subsistence use of natural resources must be claimed under § 136.219.
§ 136.233 Proof.
In addition to the requirements of subparts A and B of this part, a claimant must establish the following:
(a) That real or personal property or natural resources have been injured, destroyed, or lost.
(b) That the claimant’s income was reduced as a consequence of injury to, destruction of, or loss of the property or natural resources, and the amount of that reduction.
(c) The amount of the claimant’s profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered, as established by income tax returns, financial statements, and similar documents. In addition, comparative figures for profits or earnings for the same or similar activities outside of the area affected by the incident also must be established.
(d) Whether alternative employment or business was available and undertaken and, if so, the amount of income received. All income that a claimant received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established.
§ 136.235 Compensation allowable.
The amount of compensation allowable is limited to the actual net reduction or loss of earnings or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for—
(a) All income resulting from the incident;
(b) All income from alternative employment or business undertaken;
(c) Potential income from alternative employment or business not undertaken, but reasonably available;
(d) Any saved overhead or normal expenses not incurred as a result of the incident; and
(e) State, local, and Federal taxes.
§ 136.237 Authorized claimants.
A claim for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil may be presented only by a State or a political subdivision of a State incurring the costs.
§ 136.239 Proof.
In addition to the requirements of subparts A and B of this part, a claimant must establish—
(a) The nature of the specific public services provided and the need for those services;
(b) That the services occurred during or after removal activities;
(c) That the services were provided as a result of a discharge of oil and would not otherwise have been provided; and
(d) The net cost for the services and the methods used to compute those costs.
§ 136.241 Compensation allowable.
The amount of compensation allowable is the net cost of the increased or additional service provided by the State or political subdivision.
Subpart D—Designation of Source and Advertisement
§ 136.301 Purpose.
This subpart prescribes the requirements concerning designation of the source or sources of the discharge or threat of discharge and advertisement of these designations, including the procedures by which claims may be presented to the responsible party or guarantor.
§ 136.303 Definitions.
As used in this subpart—
Advertisement means the dissemination of information, including but not limited to paid advertisements, that are reasonably calculated to advise the public how to present a claim.
Designated source means a source designated under § 136.305.
§ 136.305 Notice of designation.
(a) When information of an incident is received, the source or sources of the discharge or threat are designated, where possible and appropriate. If the designated source is a vessel or facility, the responsible party and the guarantor, if known, are notified by telephone, telefax, or other rapid means of that designation. The designation will be confirmed by a written Notice of Designation.
(b) A Notice of Designation normally contains, to the extent known—
(1) The name of the vessel or facility designated as the source;
(2) The location, date, and time of the incident;
(3) The type and quantity of oil involved;
(4) The date of the designation;
(5) The procedures for accepting or denying the designation; and
(6) The name, address, telephone number, and, if available, telefax number of the responsible Federal official to whom further communication regarding the incident, advertisement of the incident, or denial of designation should be directed.
§ 136.307 Denial of designation.
(a) Within five days after receiving a Notice of Designation under § 136.305, the responsible party or guarantor may deny the designation.
(b) A denial of designation must—
(1) Be in writing;
(2) Identify the Notice of Designation;
(3) Give the reasons for the denial and provide a copy of all supporting documents; and
(4) Be submitted to the official named in the Notice of Designation.
(c) A denial is deemed received on the date the denial is actually received by the official named in the Notice of Designation.
§ 136.309 Advertisement determinations.
(a) The Director, NPFC, determines for each incident the type, geographic scope, frequency, and duration of advertisement required.
(b) In making the determination specified in paragraph (a) of this section, the Director, NPFC, may consider—
(1) The nature and extent of economic losses that have occurred or are likely to occur;
(2) The potential claimants who are likely to incur economic losses;
(3) The geographical area that is or will likely be affected;
(4) The most effective method of reasonably notifying potential claimants of the designation and procedures of submitting claims; and
(5) Relevant information or recommendations, if any, submitted by, or on behalf of, the responsible party or guarantor of the designated source.
(c) The Director, NPFC, provides the specific requirements for advertisement for each incident to the responsible party or guarantor of the designated source.
(d) If a responsible party or guarantor has not denied designation in accordance with § 136.307, the party or guarantor shall advertise, in accordance with the requirements of this subpart, the designation and the procedures by which claims may be presented. The advertisement must begin not later than 15 days after the date of the designation made under § 136.305.
(e) If there is no designation under § 136.305, if the source of the discharge or threat is a public vessel, or if the responsible party and guarantor of the source designated have denied the designation or failed to meet the requirements for advertisement in this section, the Director, NPFC, may advertise procedures for presenting claims.
§ 136.311 Types of advertisement.
Advertisement required by the Director, NPFC, will normally include one or more of the following:
(a) Paid advertisements in a newspaper or newspapers having general circulation in the area designated by the Director, NPFC.
(b) Notice posted in marinas, marine supply stores, bait and tackle shops, and other appropriate business establishments or public facilities in the area designated by the Director, NPFC.
(c) News releases to newspapers, radio stations, television stations, and cable services having general circulation in the area designated by the Director, NPFC.
(d) Other means approved by the Director, NPFC, under the circumstances of each case.
§ 136.313 Content of advertisement.
Each advertisement required by this subpart may be required to contain the following information or to indicate where this information may be contained:
(a) Location, date, and time of the incident.
(b) Geographical area affected, as determined by the FOSC or Director, NPFC.
(c) Type and quantity of oil involved.
(d) Name or other description of the source designated by the FOSC or Director, NPFC.
(e) Name of the responsible party and guarantor of the designated source.
(f) Name, address, telephone number, office hours, and work days of the person or persons to whom claims are to be presented and from whom claim information can be obtained.
(g) The procedures by which a claim may be presented.
(h) Other information required by the Director, NPFC, under the circumstances of each case.
PART 137—OIL SPILL LIABILITY: STANDARDS FOR CONDUCTING ALL APPROPRIATE INQUIRIES UNDER THE INNOCENT LAND-OWNER DEFENSE
Subpart A—Introduction
§ 137.1 Purpose and applicability.
(a) In general under the Oil Pollution Act of 1990 (33 U.S.C. 2701, et seq.), an owner or operator of a facility (as defined in § 137.10) that is the source of a discharge, or a substantial threat of discharge, of oil into the navigable waters or adjoining shorelines or the exclusive economic zone is liable for damages and removal costs resulting from the discharge or threat. However, if that person can demonstrate, among other criteria not addressed in this part, that they did not know and had no reason to know at the time of their acquisition of the real property on which the facility is located that oil was located on, in, or at the facility, the person may be eligible for the innocent landowner defense to liability under 33 U.S.C. 2703(d)(4). One element of the defense is that the person made all appropriate inquiries into the nature of the real property on which the facility is located before acquiring it. The purpose of this part is to prescribe standards and practices for making those inquiries.
(b) Under 33 U.S.C. 2703(d)(4)(E), this part does not apply to real property purchased by a non-governmental entity or non-commercial entity for residential use or other similar uses where a property inspection and a title search reveal no basis for further investigation. In those cases, the property inspection and title search satisfy the requirements of this part.
(c) This part does not affect the existing OPA 90 liability protections for State and local governments that acquire a property involuntarily in their functions as sovereigns under 33 U.S.C. 2703(d)(2)(B). Involuntary acquisition of properties by State and local governments fall under the provisions of 33 U.S.C. 2703(d)(2)(B), not under the all-appropriate-inquiries provision of 33 U.S.C. 2703(d)(4) and this part.
§ 137.5 Disclosure obligations.
(a) Under 33 U.S.C. 2703(c)(1), persons specified in § 137.1(a), including environmental professionals, must report the incident as required by law if they know or have reason to know of the incident.
(b) This part does not limit or expand disclosure obligations under any Federal, State, tribal, or local law. It is the obligation of each person, including environmental professionals, conducting inquiries to determine his or her respective disclosure obligations under Federal, State, tribal, and local law and to comply with them.
§ 137.10 How are terms used in this part defined?
(a) The following terms have the same definitions as in 33 U.S.C. 2701: damages; discharge; incident; liable or liability; oil; owner or operator; and removal costs.
(b) As used in this part—
Abandoned property means a property that, because of its general disrepair or lack of activity, a reasonable person could believe that there is an intent on the part of the current owners to surrender their rights to the property.
Adjoining property means real property the border of which is shared in part or in whole with that of the subject property or that would be shared in part or in whole with that of the property but for a street, road, or other public thoroughfare separating the properties.
Data gap means a lack of, or inability to, obtain information required by subpart B of this part despite good faith efforts by the environmental professional or persons specified in § 137.1(a), as appropriate, to gather the information under § 137.33.
Environmental professional means an individual who meets the requirements of § 137.25.
Facility means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes.
Good faith means the absence of any intention to seek an unfair advantage or to defraud another party; an honest and sincere intention to fulfill one’s obligations in the conduct or transaction concerned.
Institutional controls means non-engineered instruments, such as administrative and/or legal controls, that help to minimize the potential for human exposure to oil discharge and/or protect the integrity of a removal action.
Relevant experience means participation in the performance of all-appropriate-inquiries investigations, environmental site assessments, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located.
§ 137.15 References: Where can I get a copy of the publication mentioned in this part?
Section 137.20 of this part refers to ASTM E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. That document is available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. It is also available for inspection at the Coast Guard National Pollution Funds Center, Law Library, NPFC CV, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605.
Subpart B—Standards and Practices
§ 137.18 Duties of persons specified in § 137.1(a).
In order to make all appropriate inquiries, persons seeking to establish the liability protection under § 137.1(a) must conduct the inquiries and investigations as required in this part and ensure that the inquiries and investigations required to be made by environmental professionals are made.
§ 137.20 May industry standards be used to comply with this regulation?
The industry standards in ASTM E 1527-05, (Referenced in § 137.15) may be used to comply with the requirements set forth in §§ 137.45 through 137.85 of this part. Use of ASTM E 1527-05 for this purpose is optional and not mandatory.
§ 137.25 Qualifications of the environmental professional.
(a) An environmental professional is an individual who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of the presence or likely presence of oil at a facility and the real property on which the facility is located sufficient to meet the objectives and performance factors in § 137.30(a) and (b).
(1) Such a person must—
(i) Hold a current Professional Engineer’s or Professional Geologist’s license or registration from a State, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) and have the equivalent of 3 years of full-time relevant experience;
(ii) Be licensed or certified by the Federal government, a State, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) to perform environmental inquiries under § 137.35 and have the equivalent of 3 years of full-time relevant experience;
(iii) Have a Baccalaureate or higher degree from an accredited institution of higher education in a discipline of engineering or science and the equivalent of 5 years of full-time relevant experience; or
(iv) Have the equivalent of 10 years of full-time relevant experience.
(2) An environmental professional should remain current in his or her field through participation in continuing education or other activities.
(3) The requirements for an environmental professional in this section do not preempt State professional licensing or registration requirements, such as those for a professional geologist, engineer, or site-remediation professional. Before commencing work, a person should determine the applicability of State professional licensing or registration laws to the activities to be undertaken as part of an inquiry under § 137.35(b).
(4) A person who does not qualify as an environmental professional under this section may assist in the conduct of all appropriate inquiries according to this part if the person is under the supervision or responsible charge of an environmental professional meeting the requirements of this section when conducting the inquiries.
§ 137.30 Objectives and performance factors.
(a) Objectives. This part is intended to result in the identification of conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located. In order to meet the objectives of this regulation, persons specified in § 137.1(a) and the environmental professional must seek to identify, through the conduct of the standards and practices in this subpart, the following types of information about the facility and the real property on which the facility is located:
(1) Current and past uses and occupancies of the facility and the real property on which the facility is located.
(2) Current and past uses of oil.
(3) Waste management and disposal activities that indicate presence or likely presence of oil.
(4) Current and past corrective actions and response activities that indicate presence or likely presence of oil.
(5) Engineering controls.
(6) Institutional controls, such as zoning restrictions, building permits, and easements.
(7) Properties adjoining or located nearby the facility and the real property on which the facility is located that have environmental conditions that could have resulted in conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located.
(b) Performance factors. In order to meet this part and to meet the objectives stated in paragraph (a) of this section, the persons specified in § 137.1(a) or the environmental professional (as appropriate to the particular standard and practice) must—
(1) Gather the information that is required for each standard and practice listed in this subpart that is publicly available, is obtainable from its source within a reasonable time and cost, and can be reviewed practicably; and
(2) Review and evaluate the thoroughness and reliability of the information gathered in complying with each standard and practice listed in this subpart taking into account information gathered in the course of complying with the other standards and practices of this part.
§ 137.33 General all appropriate inquiries requirements.
(a) All appropriate inquiries must be conducted within 1 year before the date of acquisition of the real property on which the facility is located, as evidenced by the date of receipt of the documentation transferring title to, or possession of, the real property and must include:
(1) An inquiry by an environmental professional, as provided in § 137.35.
(2) The collection of information under § 137.40 by persons specified in § 137.1(a).
(b) The following components of the all appropriate inquiries must be conducted or updated within 180 days before the date of acquisition of the real property on which the facility is located:
(1) Interviews with past and present owners, operators, and occupants. See § 137.45.
(2) Searches for recorded environmental cleanup liens. See § 137.55.
(3) Reviews of Federal, State, tribal, and local government records. See § 137.60.
(4) Visual inspections of the facility, the real property on which the facility is located, and adjoining properties. See § 137.65.
(5) The declaration by the environmental professional. See § 137.35(d).
(c) All appropriate inquiries may include the results of and information contained in an inquiry previously conducted by, or on behalf of, persons specified in § 137.1(a) who are responsible for the inquiries for the facility and the real property on which the facility is located if—
(1) The information was collected during the conduct of an all-appropriate-inquiries investigation under this part.
(2) The information was collected or updated within 1 year before the date of acquisition of the real property on which the facility is located.
(3) The following components of the inquiries were conducted or updated within 180 days before the date of acquisition of the real property on which the facility is located:
(i) Interviews with past and present owners, operators, and occupants. See § 137.45.
(ii) Searches for recorded environmental cleanup liens. See § 137.55.
(iii) Reviews of Federal, State, tribal, and local government records. See § 137.60.
(iv) Visual inspections of the facility, the real property on which the facility is located, and the adjoining properties. See § 137.65.
(v) The declaration by the environmental professional. See § 137.35(d).
(4) Previously collected information is updated by including relevant changes in the conditions of the facility and the real property on which the facility is located and specialized knowledge, as outlined in § 137.70, of the persons conducting the all appropriate inquiries for the facility and the real property on which the facility is located, including persons specified in § 137.1(a) and the environmental professional.
(d) All appropriate inquiries may include the results of an environmental professional’s report under § 137.35(c) that have been prepared by or for other persons if—
(1) The reports meet the objectives and performance factors in § 137.30(a) and (b); and
(2) The person specified in § 137.1(a) reviews the information and conducts the additional inquiries under §§ 137.70, 137.75, and 137.80 and updates the inquiries requiring an update under paragraph (b) of this section.
(e) To the extent there are data gaps that affect the ability of persons specified in § 137.1(a) and environmental professionals to identify conditions indicative of the presence or likely presence of oil, the gaps must be identified in the report under § 137.35(c)(2). In addition, the sources of information consulted to address data gaps should be identified and the significance of the gaps noted. Sampling and analysis may be conducted to develop information to address data gaps.
(f) Any conditions indicative of the presence or likely presence of oil identified as part of the all-appropriate-inquiries investigation should be noted in the report.
§ 137.35 Inquiries by an environmental professional.
(a) Inquiries by an environmental professional must be conducted either by the environmental professional or by a person under the supervision or responsible charge of an environmental professional.
(b) The inquiry of the environmental professional must include the requirements in §§ 137.45 (interviews with past and present owners), 137.50 (reviews of historical sources), 137.60 (reviews of government records), 137.65 (visual inspections), 137.80 (commonly known or reasonably ascertainable information) and 137.85 (degree of obviousness of the presence or likely presence of oil). In addition, the inquiry should take into account information provided to the environmental professional by the person specified in § 137.1(a) conducting the additional inquiries under § 137.40.
(c) The results of the inquiry by an environmental professional must be documented in a written report that, at a minimum, includes the following:
(1) An opinion as to whether the inquiry has identified conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located.
(2) An identification of data gaps in the information developed as part of the inquiry that affect the ability of the environmental professional to identify conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located. The report must also indicate whether the gaps prevented the environmental professional from reaching an opinion regarding the identification of conditions indicative of the presence or likely presence of oil.
(3) The qualifications of the environmental professional.
(4) An opinion regarding whether additional appropriate investigation is necessary.
(d) The environmental professional must place the following statements in the written document identified in paragraph (c) of this section and sign the document: “[I, We] declare that, to the best of [my, our] professional knowledge, [I, we] meet the requirements under 33 CFR 137.25 for an environmental professional.” and “[I, We] have the specific qualifications based on education, training, and experience to assess the nature, history, and setting of a facility and the real property on which it is located. [I, We] have developed and conducted all appropriate inquiries according to the standards and practices in 33 CFR part 137.”
§ 137.40 Additional inquiries.
(a) Persons specified in § 137.1(a) must conduct inquiries in addition to those conducted by the environmental professional under § 137.35 and may provide the information associated with these additional inquiries to the environmental professional responsible for conducting the activities listed in § 137.35—
(1) As required by § 137.55 and if not otherwise obtained by the environmental professional, environmental cleanup liens against the facility and the real property on which it is located that are filed or recorded under Federal, State, tribal, or local law.
(2) As required by § 137.70, specialized knowledge or experience of the person specified in § 137.1(a).
(3) As required by § 137.75, the relationship of the purchase price to the fair market value of the facility and the real property on which the facility is located if the oil was not at the facility and the real property on which it is located.
(4) As required by § 137.80 and if not otherwise obtained by the environmental professional, commonly known or reasonably ascertainable information about the facility and the real property on which it is located.
(b) [Reserved]
§ 137.45 Interviews with past and present owners, operators, and occupants.
(a) Interviews with owners, operators, and occupants of the facility and the real property on which the facility is located must be conducted for the purposes of achieving the objectives and performance factors of § 137.30(a) and (b).
(b) The inquiry of the environmental professional must include interviewing the current owner and occupant of the facility and the real property on which the facility is located. If the facility and the real property on which the facility is located has multiple occupants, the inquiry of the environmental professional must include interviewing major occupants, as well as those occupants likely to use, store, treat, handle or dispose of oil or those who have likely done so in the past.
(c) The inquiry of the environmental professional also must include, to the extent necessary to achieve the objectives and performance factors in § 137.30(a) and (b), interviewing one or more of the following persons:
(1) Current and past facility and real property managers with relevant knowledge of uses and physical characteristics of the facility and the real property on which the facility is located.
(2) Past owners, occupants, or operators of the facility and the real property on which the facility is located.
(3) Employees of current and past occupants of the facility and the real property on which the facility is located.
(d) In the case of inquiries conducted at abandoned properties where there is evidence of potential unauthorized uses or evidence of uncontrolled access, the environmental professional’s inquiry must include an interview of at least one owner or occupant of a neighboring property from which it appears possible that the owner or occupant of the neighboring property could have observed use or other presence or likely presence of oil.
§ 137.50 Reviews of historical sources of information.
(a) Historical documents and records must be reviewed for the purposes of achieving the objectives and performance factors of § 137.30(a) and (b). Historical documents and records may include, but are not limited to, aerial photographs, fire insurance maps, building department records, chain of title documents, and land use records.
(b) Historical documents and records reviewed must cover a period of time as far back in the history of the real property to when the first structure was built or when it was first used for residential, agricultural, commercial, industrial, or governmental purposes. The environmental professional may exercise professional judgment in context of the facts available at the time of the inquiry as to how far back in time it is necessary to search historical records.
§ 137.55 Searches for recorded environmental cleanup liens.
(a) All appropriate inquiries must include a search for the existence of environmental cleanup liens against the facility and the real property on which the facility is located that are filed or recorded under Federal, State, tribal, or local law.
(b) All information collected by persons specified in § 137.1(a) rather than an environmental professional regarding the existence of environmental cleanup liens associated with the facility and the real property on which the facility is located may be provided to the environmental professional or retained by the applicable party.
§ 137.60 Reviews of Federal, State, tribal, and local government records.
(a) Federal, State, tribal, and local government records or databases of government records of the facility, the real property on which the facility is located, and adjoining properties must be reviewed for the purposes of achieving the objectives and performance factors of § 137.30(a) and (b).
(b) With regard to the facility and the property on which the facility is located, the review of Federal, State, and tribal government records or databases of the government records and local government records and databases of the records should include—
(1) Records of reported oil discharges present, including site investigation reports for the facility and the real property on which the facility is located;
(2) Records of activities, conditions, or incidents likely to cause or contribute to discharges or substantial threat of discharges of oil, including landfill and other disposal unit location records and permits, storage tank records and permits, hazardous waste handler and generator records and permits, Federal, tribal and State government listings of sites identified as priority cleanup sites, and spill reporting records;
(3) Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) records;
(4) Public health records;
(5) Emergency Response Notification System records;
(6) Registries or publicly available lists of engineering controls; and
(7) Registries or publicly available lists of institutional controls, including environmental land use restrictions, applicable to the facility and the real property on which the facility is located.
(c) With regard to nearby or adjoining properties, the review of Federal, State, tribal, and local government records or databases of government records should include the identification of the following:
(1) Properties for which there are government records of reported discharges or substantial threat of discharges of oil. Such records or databases containing such records and the associated distances from the facility and the real property on which the facility is located for which such information should be searched include the following:
(i) Records of National Priorities List (NPL) sites or tribal- and State-equivalent sites (one mile).
(ii) Resource Conservation and Recovery Act (RCRA) properties subject to corrective action (one mile).
(iii) Records of Federally-registered, or State-permitted or -registered, hazardous waste sites identified for investigation or remediation, such as sites enrolled in State and tribal voluntary cleanup programs and tribal- and State-listed brownfield sites (one-half mile).
(iv) Records of leaking underground storage tanks (one-half mile).
(2) Properties that previously were identified or regulated by a government entity due to environmental concerns at the facility and the real property on which the facility is located. The records or databases containing the records and the associated distances from the facility and the real property on which the facility is located for which the information should be searched include the following:
(i) Records of delisted NPL sites (one-half mile).
(ii) Registries or publicly available lists of engineering controls (one-half mile).
(iii) Records of former CERCLIS sites with no further remedial action notices (one-half mile).
(3) Properties for which there are records of Federally-permitted, State-permitted or -registered, or tribal-permitted or -registered waste management activities. The records or databases that may contain the records include the following:
(i) Records of RCRA small quantity and large quantity generators (adjoining properties).
(ii) Records of Federally-permitted, State-permitted or -registered, or tribal-permitted landfills and solid waste management facilities (one-half mile).
(iii) Records of registered storage tanks (adjoining property).
(4) A review of additional government records with regard to sites identified under paragraphs (c)(1) through (c)(3) of this section may be necessary in the judgment of the environmental professional for the purpose of achieving the objectives and performance factors of §§ 137.30(a) and (b).
(d) The search distance from the real property boundary for reviewing government records or databases of government records listed in paragraph (c) of this section may be modified based upon the professional judgment of the environmental professional. The rationale for the modifications must be documented by the environmental professional. The environmental professional may consider one or more of the following factors in determining an alternate appropriate search distance—
(1) The nature and extent of a discharge.
(2) Geologic, hydrogeologic, or topographic conditions of the property and surrounding environment.
(3) Land use or development densities.
(4) The property type.
(5) Existing or past uses of surrounding properties.
(6) Potential migration pathways (e.g., groundwater flow direction, prevalent wind direction).
(7) Other relevant factors.
§ 137.65 Visual inspections of the facility, the real property on which the facility is located, and adjoining properties.
(a) For the purpose of achieving the objectives and performance factors of § 137.30(a) and (b), the inquiry of the environmental professional must include the following:
(1) A visual on-site inspection of the facility and the real property on which the facility is located, and the improvements at the facility and real property, including a visual inspection of the areas where oil may be or may have been used, stored, treated, handled, or disposed. Physical limitations to the visual inspection must be noted.
(2) A visual inspection of adjoining properties, from the subject real property line, public rights-of-way, or other vantage point (e.g., aerial photography), including a visual inspection of areas where oil may be or may have been stored, treated, handled or disposed. A visual on-site inspection is recommended, though not required. Physical limitations to the inspection of adjacent properties must be noted.
(b) Except as in paragraph (c) of this section, a visual on-site inspection of the facility and the real property on which the facility is located must be conducted.
(c) An on-site inspection is not required if an on-site visual inspection of the facility and the real property on which the facility is located cannot be performed because of physical limitations, remote and inaccessible location, or other inability to obtain access to the facility and the real property on which the facility is located after good faith efforts have been taken to obtain access. The mere refusal of a voluntary seller to provide access to the facility and the real property on which the facility is located is not justification for not conducting an on-site inspection. The inquiry of the environmental professional must include—
(1) Visually inspecting the facility and the real property on which the facility is located using another method, such as aerial imagery for large properties, or visually inspecting the facility and the real property on which the facility is located from the nearest accessible vantage point, such as the property line or public road for small properties;
(2) Documenting the efforts undertaken to obtain access and an explanation of why such efforts were unsuccessful; and
(3) Documenting other sources of information regarding the presence or likely presence of oil at the facility and the real property on which the facility is located that were consulted according to § 137.30(a). The documentation should include comments, if any, by the environmental professional on the significance of the failure to conduct a visual on-site inspection of the facility and the real property on which the facility is located with regard to the ability to identify conditions indicative of the presence or likely presence of oil at the facility and the real property.
§ 137.70 Specialized knowledge or experience on the part of persons specified in § 137.1(a).
(a) For the purpose of identifying conditions indicative of the presence or likely presence of oil at the facility and the real property on which the facility is located, persons specified in § 137.1(a) must take into account their own specialized knowledge of the facility and the real property on which the facility is located, the area surrounding the facility and the real property on which the facility is located, and the conditions of adjoining properties and their experience relevant to the inquiry.
(b) The results of all appropriate inquiries under § 137.33 must take into account the relevant and applicable specialized knowledge and experience of the persons specified in § 137.1(a) responsible for undertaking the inquiry.
§ 137.75 The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property.
(a) Persons specified in § 137.1(a) must consider whether the purchase price of the facility and the real property on which the facility is located reasonably reflects the fair market value of the facility and real property if oil was not present or likely present.
(b) If the persons conclude that the purchase price does not reasonably reflect the fair market value of that facility and real property if oil was not at the facility and the real property, they must consider whether or not the differential in purchase price and fair market value is due to the presence or likely presence of oil.
§ 137.80 Commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located.
(a) Throughout the inquiries, persons specified in § 137.1(a) and environmental professionals conducting the inquiry must take into account commonly known or reasonably ascertainable information within the local community about the facility and the real property on which the facility is located and consider that information when seeking to identify conditions indicative of the presence or likely presence of oil at the facility and the real property.
(b) Commonly known information may include information obtained by the person specified in § 137.1(a) or by the environmental professional about the presence or likely presence of oil at the facility and the real property on which the facility is located that is incidental to the information obtained during the inquiry of the environmental professional.
(c) To the extent necessary to achieve the objectives and performance factors of § 137.30(a) and (b), the person specified in § 137.1(a) and the environmental professional must gather information from varied sources whose input either individually or taken together may provide commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located; the environmental professional may refer to one or more of the following sources of information:
(1) Current owners or occupants of neighboring properties or properties adjacent to the facility and the real property on which the facility is located.
(2) Local and state government officials who may have knowledge of, or information related to, the facility and the real property on which the facility is located.
(3) Others with knowledge of the facility and the real property on which the facility is located.
(4) Other sources of information, such as newspapers, Web sites, community organizations, local libraries, and historical societies.
§ 137.85 The degree of obviousness of the presence or likely presence of oil at the facility and the real property on which the facility is located and the ability to detect the oil by appropriate investigation.
(a) Persons specified in § 137.1(a) and environmental professionals conducting an inquiry of a facility and the real property on which it is located on their behalf must take into account the information collected under §§ 137.45 through 137.80 in considering the degree of obviousness of the presence or likely presence of oil at the facility and the real property on which the facility is located.
(b) Persons specified in § 137.1(a) and environmental professionals conducting an inquiry of a facility and the property on which the facility is located on their behalf must take into account the information collected under §§ 137.45 through 137.80 in considering the ability to detect the presence or likely presence of oil by appropriate investigation. The report of the environmental professional should include an opinion under § 137.35(c)(4) regarding whether additional appropriate investigation is necessary.
PART 138—EVIDENCE OF FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND ONSHORE FACILITIES)
Subpart A—Evidence of Financial Responsibility for Water Pollution (Vessels)
§ 138.10 Scope and purpose.
(a) Scope. This subpart sets forth—
(1) The requirements and procedures each COFR Operator (as defined in § 138.30(b)) must use to establish and maintain the evidence of financial responsibility required by the OPA 90 and CERCLA (both defined in § 138.30), and to obtain Certificates of Financial Responsibility (COFR);
(2) The standards and procedures the Coast Guard uses to determine the acceptability of guarantors;
(3) The procedures guarantors must use to submit evidence of financial responsibility on behalf of the responsible parties for vessels to which this subpart applies;
(4) The requirements for designating and maintaining U.S. agents for service of process;
(5) The requirements for reporting changes affecting compliance with this subpart; and
(6) The enforcement actions that may result from non-compliance with this subpart or OPA 90, CERCLA, or both, referenced in paragraph (a)(1) of this section.
(b) Purpose. These requirements ensure that the responsible parties for vessels to which this subpart applies, have sufficient available financial resources to cover their potential liabilities to the United States and other claimants in the following scenarios:
(1) Under OPA 90 in the event of a discharge, or substantial threat of a discharge, of oil; and
(2) In the case of vessels greater than 300 gross tons, under CERCLA in the event of a release, or threatened release, of a hazardous substance.
§ 138.20 Applicability.
(a) Applicability generally. This subpart applies—
(1) To the COFR Operator of—
(i) Any vessel over 300 gross tons (except a vessel listed in paragraph (d)(1) or (2) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
(ii) Any vessel of any size (except a vessel listed in paragraph (d)(1) or (3) of this section) using the waters of the Exclusive Economic Zone to transship or lighter oil (whether delivering or receiving) destined for a place subject to the jurisdiction of the United States; and
(iii) Any tank vessel over 100 gross tons (except a vessel listed in paragraph (d)(1) or (3) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such tank vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
(2) To a guarantor providing evidence of financial responsibility under this subpart on behalf of one or more of a vessel’s responsible parties;
(3) To responsible parties other than the COFR Operator designated to represent the responsible parties for purposes of this subpart; and
(4) To any person serving as a U.S. agent for service of process under this subpart.
(b) How to apply this part to mobile offshore drilling units. For the purposes of applying the evidence of financial responsibility required under OPA 90 and this subpart and the limits of liability set forth in subpart B of this part, and in addition to any OPA 90 offshore facility evidence of financial responsibility requirements that may apply under 30 CFR part 553, a mobile offshore drilling unit is treated as—
(1) A tank vessel when it is being used as an offshore facility; and
(2) A vessel other than a tank vessel when it is not being used as an offshore facility.
(c) How to apply CERCLA evidence of financial responsibility to self-propelled vessels. For the purposes of applying the evidence of financial responsibility required under CERCLA and for vessels identified in paragraph (a)(1)(i) of this section, this subpart applies to a self-propelled vessel over 300 gross tons even if it does not carry hazardous substances.
(d) Exceptions. (1) This subpart does not apply to public vessels.
(2) Paragraph (a)(1)(i) of this section does not apply to any non-self-propelled barge that does not carry oil as cargo or fuel and does not carry hazardous substances as cargo.
(3) Paragraphs (a)(1)(ii) and (iii) of this section do not apply to: any offshore supply vessel; any fishing vessel or fish tender vessel of 750 gross tons or less that transfers fuel without charge to a fishing vessel owned by the same person; any towing or pushing vessel (tug) simply because it has in its custody a tank barge; or any tank vessel that only carries, or is adapted to carry, non-liquid hazardous material in bulk as cargo or cargo residue.
§ 138.30 Definitions.
(a) As used in this subpart, the following terms have the meanings set forth in—
(1) OPA 90 (specifically in 33 U.S.C. 2701): Claim, claimant, damages, deepwater port, discharge, Exclusive Economic Zone, facility, incident, liable or liability, mobile offshore drilling unit, navigable waters, offshore facility, oil, owner or operator, person, remove, removal, removal costs, responsible party, tank vessel, United States, and vessel; and
(2) CERCLA (42 U.S.C. 9601): Claim, claimant, damages, facility, hazardous substance, liable or liability, navigable waters, offshore facility, owner or operator, person, remove, removal, United States, and vessel.
(3) 46 CFR 69.9: Convention Measurement System, foreign-flag vessel, gross tonnage ITC (GT ITC)
(b) As used in this subpart—
Applicable amount means an OPA 90 or CERCLA evidence of financial responsibility amount determined to apply to a vessel as provided under § 138.100.
Application means an “Application for Vessel Certificate of Financial Responsibility (Water Pollution)”, which the COFR Operator for one or more vessels has completed and verified in eCOFR, as provided in § 138.60(c)(1)(i), or signed, dated, and submitted to the NPFC by one of the submission methods specified in § 138.60(c)(1)(ii) through (iv).
Cargo means goods or materials carried on board a vessel for purposes of transportation, whether proprietary or nonproprietary. A hazardous substance or oil carried solely for use aboard the carrying vessel is not cargo.
CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et seq.).
COFR means a current Certificate of Financial Responsibility (Water Pollution) issued by the Director, under this subpart, as provided in § 138.70, and posted on the NPFC COFR program website https://npfc.uscg.mil/cofr/default.aspx.
COFR Operator means a responsible party who conducts, or has responsibility for, the operation of a vessel to which this subpart applies—that is, a person who is an operator as defined in OPA 90 and CERCLA, and, when there is more than one responsible party (including more than one operator), is the operator designated and authorized by all the vessel’s responsible parties to act on their behalf for the purpose of complying with this subpart, including submitting (or causing to be submitted) all Applications and requests for COFR renewal, evidence of financial responsibility and reports, and payment of all fees required by § 138.120.
(i) If a vessel has one owner and is operated by that owner, or the owner controls and is responsible for the vessel’s operation, the owner is the COFR Operator. In all other cases the person who operates, or controls and is principally responsible for the operation of, the vessel (for example, the demise charterer) is the COFR Operator.
(ii) A person who is responsible, or who agrees by contract to become responsible, for a vessel in the capacity of a builder, repairer, or scrapper, or for the purpose of holding the vessel out for sale or lease, is the COFR Operator. A person who takes possession of, or responsibility for, a newly built, modified, or repaired vessel from a builder or repairer, or who purchases and operates or becomes a demise charterer of a vessel held out for sale or lease, is the COFR Operator.
(iii) A time or voyage charterer who does not assume responsibility for the operation of a vessel is not a COFR Operator for purposes of this subpart.
(iv) The designation of an operator to act as the COFR Operator on behalf of a vessel’s responsible parties for purposes of this subpart does not limit who may be determined to be an operator under OPA 90, CERCLA, or both, in the event of an incident or a release.
Day or days means calendar days unless otherwise specified.
Director means the person in charge of the U.S. Coast Guard, National Pollution Funds Center (NPFC), or that person’s authorized representative.
eCOFR means the electronic Certificate of Financial Responsibility web-based process located on the NPFC COFR program website, https://npfc.uscg.mil/cofr/default.aspx, and is the process COFR Operators may use to apply for and renew COFRs.
Evidence of financial responsibility means the demonstration of the financial ability of the responsible parties for a vessel to which this subpart applies to meet their potential liabilities under OPA 90, CERCLA, or both, up to the total applicable amount determined as provided under § 138.100.
Financial guarantor is a type of guarantor and means a business entity or other person providing a financial guaranty under § 138.110(c). A financial guarantor is distinct from a COFR insurance guarantor, a self-insurer, or a surety. A self-insurer, however, may also serve as a financial guarantor for others.
Fish tender vessel and fishing vessel have the same meanings as set forth in 46 U.S.C. 2101.
Fleet Certificate means a COFR issued by the Director under this subpart to the COFR Operator of a fleet of 2 or more unmanned, non-self-propelled barges that are not tank vessels and that, from time to time, may be subject to this subpart (for example, a hopper barge over 300 gross tons when carrying oily metal shavings or similar cargo). A Fleet Certificate covers, automatically, all unmanned, non-self-propelled, non-tank barges for which the COFR Operator may from time to time be responsible that does not exceed the maximum gross tonnage indicated on the Fleet Certificate.
Fuel means any oil or hazardous substance used, or capable of being used, to produce heat or power by burning, including power to operate equipment. A hand-carried pump with no more than 5 gallons of fuel capacity, that is neither integral to nor regularly stored aboard a non-self-propelled barge, is not equipment.
Guarantor means any person who has been determined to be acceptable by the Director, as provided in § 138.110, and who is providing evidence of financial responsibility on behalf of one or more of a vessel’s responsible parties, other than as a responsible party providing self-insurance under § 138.110(d).
Hazardous material has the same meaning as set forth in 46 U.S.C. 2101.
Individual Certificate means a COFR issued by the Director under this subpart to the COFR Operator for a single vessel.
Insurance guarantor is a type of guarantor and means an insurance company, association of underwriters, ship owners’ protection and indemnity association, or other person, serving as a guarantor under § 138.110(b). An insurance guarantor is distinct from a self-insurer, a financial guarantor, or a surety.
Master Certificate means a COFR issued by the Director under this subpart to the COFR Operator of one or more vessels that are under the custody of such person solely in the capacity of a builder, repairer, or scrapper, or for the purpose of holding vessels out for sale or lease, where such person does not physically operate the vessels. A Master Certificate covers, automatically, all of the vessels subject to this subpart held by the COFR Operator solely for purposes of construction, repair, scrapping, sale or lease. A vessel which is being operated commercially in any business venture, including the business of building, repairing, scrapping, leasing, or selling (for example, a slop barge used by a shipyard) cannot be covered by a Master Certificate and must have either a current Individual Certificate or, if applicable, a current Fleet Certificate.
Net worth means the amount of all assets located in the United States, less all liabilities anywhere in the world.
NPFC means the U.S. Coast Guard, National Pollution Funds Center. NPFC is the U.S. Government office responsible for administering the OPA 90 and CERCLA vessel COFR program.
Offshore supply vessel has the same meaning as set forth in 46 U.S.C. 2101.
OPA 90 means the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701, et seq.).
Public vessel means a vessel owned or demise chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce.
Release, for purposes of this subpart, means a release as defined in CERCLA (specifically, 42 U.S.C. 9601), or a threatened release, of a hazardous substance.
Responsible party, for purposes of OPA 90 evidence of financial responsibility, has the same meaning as defined at 33 U.S.C. 2701; and, for purposes of CERCLA evidence of financial responsibility, means any person who is an “owner or operator,” as defined at 42 U.S.C. 9601, including any person chartering a vessel by demise.
Self-insurer means a COFR Operator providing evidence of financial responsibility as the responsible party of the subject vessel, as provided under § 138.110(d). A self-insurer is distinct from a guarantor.
Total applicable amount means an evidence of financial responsibility amount that must be demonstrated under this subpart, determined as provided in § 138.100.
Working capital means the amount of current assets located in the United States, less all current liabilities anywhere in the world.
§ 138.40 General requirements.
(a) Requirement to establish and maintain evidence of financial responsibility. The COFR Operator of a vessel must establish and maintain (or cause to be established and maintained) evidence of financial responsibility acceptable to the Director using any one of the methods specified in § 138.110, in an amount equal to or greater than the total applicable amount determined under § 138.100 and, in the case of a financial guarantor, as further provided under § 138.110(c)(2) (aggregation of total applicable amounts). The evidence of financial responsibility required by this paragraph must be—
(1) Established as of the date they become a responsible party; and
(2) Continuously maintained for so long as they remain a responsible party.
(b) Requirement to have a COFR and report changes. The COFR Operator must apply for and ensure the vessel is covered at all times by a current COFR, by complying with the requirements and procedures set forth in this subpart, including the reporting requirements in § 138.150.
§ 138.50 How to apply vessel gross tonnages.
(a) Purpose. This section sets forth the methods for applying vessel gross tonnage to—
(1) Determine whether a vessel exceeds the 100 or 300 gross ton threshold under § 138.20 and OPA 90, CERCLA, or both;
(2) Calculate the OPA 90 and CERCLA applicable amounts of financial responsibility required, as provided in § 138.100; and
(3) Determine the OPA 90 limit of liability under subpart B of this part in the event of an oil pollution incident, and the CERCLA limit of liability under 42 U.S.C. 9607 in the event of a hazardous substance release.
(b) Both GT ITC and GRT assigned. For a vessel assigned both gross tonnage ITC (GT ITC) and gross register tonnage (GRT) under 46 CFR part 69, apply the tonnage thresholds in § 138.20 using the assigned GRT tonnage, and determine the applicable amounts of financial responsibility and the limits of liability using the assigned GT ITC tonnage.
(c) GT ITC or GRT assigned. For a vessel assigned only a GT ITC or a GRT tonnage under 46 CFR part 69, apply the tonnage thresholds in § 138.20, and determine the applicable amounts of evidence of financial responsibility and the limits of liability using the assigned GT ITC or GRT tonnage.
(d) High or low GRT assigned. For a vessel assigned a high and low GRT tonnage under 46 CFR part 69, subpart D (Dual Regulatory Measurement System), apply the tonnage thresholds in § 138.20, and determine the applicable amounts of financial responsibility and the limits of liability, using the high GRT tonnage.
(e) Summary. The use of assigned gross tonnages, as required by paragraphs (b) through (d) of this section, is summarized in the following table.
Table 1 to § 138.50(
| Category | Assigned tonnage | |
|---|---|---|
| To apply the tonnage
thresholds in § 138.20 | To determine applicable amounts under § 138.100 and limits of liability | |
| GRT | GT ITC. | |
| GT ITC only | GT ITC | GT ITC. |
| GRT only | GRT | GRT. |
(f) Certified gross tonnage governs. In the event of an incident or release, the responsible parties and guarantors are governed by the vessel’s assigned gross tonnage on the date of the incident. This is as determined under paragraphs (b) through (e) of this section and evidenced on the appropriate tonnage certifying document as provided for under the U.S. tonnage regulations or international conventions (for example, tonnage certificate or completed Simplified measurement application, International Tonnage Certificate (1969)), regardless of what gross tonnage is specified in the Application or guaranty form submitted under this subpart, except when the responsible parties or guarantors knew or should have known that the tonnage certificate information was incorrect (see also § 138.110(h)(1)(iii)).
(g) Requirement to present tonnage certifying document(s). Each COFR Operator must submit to the Director, or other authorized United States Government official, upon request, for examination and copying, the original or an unaltered and legible electronic copy of the vessel’s applicable tonnage certifying document(s).
§ 138.60 Forms and submissions; ensuring submission timeliness.
(a) Where to obtain forms. All forms referred to in this subpart are available at the NPFC COFR program website, https://npfc.uscg.mil/cofr/default.aspx, and may be completed online or downloaded.
(b) Where to obtain information. Direct all questions concerning the requirements of this subpart to the NPFC at one of the addresses in paragraphs (c)(1)(ii) through (iv) of this section or by calling the NPFC at 202-795-6130.
(c) How to present Applications and other required submissions. (1) Provide all submissions required by this subpart to the Director, by one of the following four methods:
(i) Electronically, using the eCOFR process (located at https://npfc.uscg.mil/cofr/default.aspx);
(ii) By email, sent to such email address as the Director may specify, attaching legible electronic images scanned in a format acceptable to the Director;
(iii) By fax, sent to 202-795-6123 with a cover sheet specifying the total number of pages, the sender’s telephone number, and referencing NPFC telephone number 202-795-6130; or
(iv) By mail, addressed to—
Director, National Pollution Funds Center, ATTN: VESSEL CERTIFICATION, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Ave. SE,
Washington, DC 20593-7605.
(2) Submissions may not be hand delivered to the NPFC.
(3) Do not present submissions by more than one method.
(d) Required contents of submissions. Unless otherwise instructed by the Director, all submissions required by this subpart must—
(1) Set forth, in full, the correct legal name of the COFR Operator to whom the COFR is to be, or has been, issued;
(2) Be in English, and
(3) Express all monetary terms in United States dollars.
(e) Ensuring the timeliness of submissions; requesting deadline exceptions. (1) Compliance with a submission deadline will be determined based on the day the submission is received by NPFC. If a deadline specified in this subpart falls on a weekend or Federal holiday, the deadline will occur on the next business day.
(2) Ensuring the timeliness of the submissions is the sole responsibility of the person making the submission.
(3) The Director may, in the Director’s sole discretion, grant an exception to a deadline specified in this subpart for good cause shown.
(f) Public access to information. Financial data and other information submitted to the Director is considered public information to the extent required by the Freedom of Information Act (5 U.S.C. 552) and permitted by the Privacy Act (5 U.S.C. 552(a)).
§ 138.70 Issuance and renewal of COFRs.
(a) Types of COFRs. The Director issues the following three types of COFRs as provided further in § 138.80: Individual Certificates, Fleet Certificates and Master Certificates.
(b) Requirements before issuance and renewal of COFRs. The Director will issue or renew a COFR only after NPFC receives a completed Application or request for COFR renewal, and satisfactory evidence of financial responsibility.
(c) COFRs are issued only to designated COFR Operators. Each COFR of any type is issued only in the name of the COFR Operator designated in the Application or request for COFR renewal.
(d) Form of issuance. All COFRs are issued by the Director in electronic form on NPFC’s COFR program website (https://npfc.uscg.mil/cofr/default.aspx) for a term of no more than 3 years from the date of issuance.
(e) Information included in COFRs. The following information is available on NPFC’s COFR program website for each COFR issued by the Director:
(1) The name of the COFR Operator;
(2) The date of COFR expiration;
(3) The COFR number;
(4) For an Individual Certificate, the name of the covered vessel, and the vessel’s gross tonnage information, including the measurement system(s) used;
(5) For a Fleet Certificate, the gross tons of the largest unmanned, non-self-propelled, non-tank barge within the fleet, including the measurement systems(s) used; and
(6) For a Master Certificate, the gross tons of the largest tank vessel and largest vessel other than a tank vessel eligible for coverage by the Master Certificate, including the measurement systems(s) used.
§ 138.80 Applying for COFRs.
(a) How to apply for a COFR. To apply for a COFR of any type, the COFR Operator must—
(1) Submit, or cause to be submitted, to the Director, by one of the submission methods provided in § 138.60(c):
(i) An Application;
(A) For an Individual Certificate, list the name of the covered vessel, and the vessel’s gross tonnage information, including the measurement system(s) used on the application;
(B) For a Fleet Certificate, instead of listing each individual barge, mark the box with the following statement: “This is an Application for a Fleet Certificate. The largest unmanned, non-self-propelled, non-tank barge to be covered by this Application is [INSERT APPLICABLE GROSS TONS] GT ITC and [INSERT GROSS TONNAGE] GRT”; and
(C) For a Master Certificate, instead of listing each individual vessel, mark the box with the following statement: “This is an Application for a Master Certificate. The largest tank vessel to be covered by this Application is [INSERT APPLICABLE GROSS TONS] GT ITC and [INSERT APPLICABLE GROSS TONS] GRT, as applicable. The largest vessel other than a tank vessel to be covered by this Application is [INSERT APPLICABLE GROSS TONS] GT ITC and [INSERT APPLICABLE GROSS TONS] GRT, as applicable.”
(ii) The evidence of financial responsibility using one of the guaranty methods provided in § 138.110;
(A) For a Fleet Certificate, the evidence of financial responsibility must be in the total applicable amount, determined as provided in § 138.100, for the largest unmanned, non-self-propelled, non-tank barge to be covered.
(B) For a Master Certificate, the evidence of financial responsibility must be in the total applicable amount determined as provided in § 138.100 for the largest tank vessel and largest non-tank vessel to be covered by the Master Certificate.
(iii) The agent for service of process designations required by § 138.130; and
(iv) All other supporting documentation required by this subpart.
(A) At the time of Application for a Master Certificate, the COFR Operator must submit a report to the Director, indicating: the name; previous name, if applicable; type; gross tonnage and measurement system(s) used, for each vessel covered by the Master Certificate, indicating which vessels, if any, are tank vessels. If a vessel has both a GT ITC and GRT tonnage, specify both gross tonnages.
(B) Six months after receiving a Master Certificate, and every 6 months thereafter, each COFR Operator must submit to the Director, an updated report, separately listing the vessels no longer covered by that Master Certificate. If a vessel has both a GT ITC and GRT, both gross tonnages must be specified. If a vessel has been transferred to another responsible party and the COFR Operator to whom the Master Certificate was issued ceases to be the vessel’s operator, the COFR Operator must report the date and place of the transfer, and the name and contact information of the responsible party to whom the vessel was transferred. If the vessels covered by the Master Certificate have not changed from the previous report, the COFR Operator may submit an updated report that indicates no change from previous report.
(2) Pay, or cause to be paid, all fees required by § 138.120.
(b) Application deadline. The Director must receive the Application, evidence of financial responsibility, and other required supporting documentation, at least 21 days prior to the date the Certificate is required. The COFR Operator may seek an exception to the 21-day submission deadline only as provided in § 138.60(e)(3).
(c) Where to obtain Application forms. COFR Operators may create an Application using the online eCOFR web process (located at https://npfc.uscg.mil/cofr/default.aspx) or, if not using eCOFR, may obtain an “Application for Vessel Certificate of Financial Responsibility (Water Pollution)” at the same website.
(d) Requirement to verify, or sign and date, the Application. (1) The COFR Operator must complete and either verify the Application in eCOFR as provided in § 138.60(c)(1)(i) or, if not using eCOFR, sign and date the hard-copy signature page of the Application and submit the signed Application to the Director, by one of the methods specified in § 138.60(c)(1)(ii) through (iv).
(2) The Application must include the title of the person signing it.
(3) If the person signing the Application is acting under a Power of Attorney, they must include a copy of the Power of Attorney with the Application.
(e) Requirement to update Applications. The COFR Operator must report any changes to the Application to the Director in writing, no later than 5 business days after discovery of the change. The Director may require that the COFR Operator submit a revised Application and provide additional evidence of financial responsibility, and pay any additional fees required by § 138.120.
(f) Amending Fleet and Master Certificates. Before operating a barge or vessel that exceeds the maximum gross tonnage indicated on the COFR, the COFR Operator must:
(1) Submit a new or amended Application, or a written request to supplement the Application, to reflect the new maximum gross tonnages on the COFR;
(2) Unless the COFR Operator qualifies as a self-insurer at the higher total applicable amount, submit, or cause to be submitted, evidence of financial responsibility using one of the guaranty methods provided in § 138.110 to the Director, demonstrating increased coverage based on the new maximum gross tonnage; and
(3) Pay a new certification fee, as required by § 138.120.
§ 138.90 Renewing COFRs.
(a) The COFR Operator must submit a request for COFR renewal to the NPFC at least 21 days, but no earlier than 90 days, before the expiration date of the current COFR.
(b) The COFR Operator may seek an exception to the 21-day request for COFR renewal submission deadline in paragraph (a) of this section only as provided in § 138.60(e)(3).
(c) The COFR Operator must identify in the request for COFR renewal all changes to the information contained in the initial Application, including the gross ton measurement system(s) used (if not previously provided), the evidence of financial responsibility, and all other supporting documentation previously submitted to the Director, as provided in § 138.150.
§ 138.100 How to calculate a total applicable amount.
The total applicable amount is the sum of the OPA 90 applicable amount determined under paragraph (a) of this section plus the CERCLA applicable amount determined under paragraph (b) of this section.
(a) OPA 90 applicable amount. The applicable amount under OPA 90 is equal to the applicable limit of liability determined as provided in subpart B of this part.
(b) CERCLA applicable amount. The applicable amount under CERCLA is determined as follows:
(1) For a vessel over 300 gross tons carrying a hazardous substance as cargo, and for any vessel covered under § 138.110(c)(3) or (d)(2)(ii) (calculation of CERCLA applicable amounts for financial guarantors and self-insurers), the greater of $5,000,000 or $300 per gross ton.
(2) For any other vessel over 300 gross tons, the greater of $500,000 or $300 per gross ton.
(c) Amended applicable amounts. If an applicable amount determined under paragraph (a) or (b) of this section is amended by statute or regulation, the COFR Operator must establish and maintain evidence of financial responsibility in an amount equal to or greater than the amended total applicable amount, as provided in § 138.240(a).
(d) OPA 90 and CERCLA applicable amounts and limits of liability. The responsible parties are strictly, jointly and severally liable, for the costs and damages resulting from an incident or a release, but together they need only establish and maintain an amount of financial responsibility equal to the single limit of liability per incident or release. Only that portion of the evidence of financial responsibility under this subpart with respect to—
(1) OPA 90 is required to be made available by a guarantor for the costs and damages related to an incident where there is not also a release; and
(2) CERCLA is required to be made available by a guarantor for the costs and damages related to a release where there is not also an incident. A guarantor (or a self-insurer for whom the exceptions to a limitations of liability are not applicable), therefore, is not required to apply the entire amount of financial responsibility to an incident involving oil alone or a release involving a hazardous substance alone.
§ 138.110 How to establish and maintain evidence of financial responsibility.
(a) General requirement; guaranty effective date and termination date. The COFR Operator of each vessel must submit, or cause to be submitted, to the Director, the evidence of financial responsibility required by § 138.40(a) using one of the methods specified in this section.
(1) If submitted on behalf of the COFR Operator, the guarantor must provide evidence of financial responsibility to the Director.
(2) The effective and termination dates are as follows:
Table 1 to § 138.110(
| Type of certificate | Effective date | Termination date |
|---|---|---|
| Individual
Fleet | Guaranty form submission date
Guaranty form submission date or date COFR Operator becomes a Responsible Party for the vessel | 30 days after the date the Director and the COFR Operator receive written notice from the guarantor that the guarantor intends to cancel the guaranty for that vessel. |
| Master | Guaranty form submission date or date COFR Operator becomes a Responsible Party for the vessel |
(3) Termination provisions:
(i) The guarantor must specify the reason for terminating the guaranty in the notice required by this paragraph, if known.
(ii) Termination of the guaranty as to any covered vessel will not affect the liability of the guarantor in connection with an incident or release commencing or occurring prior to the effective date of the guaranty termination.
(4) If, at any time, the information contained in the evidence of financial responsibility submitted under this section changes, or there is a material change in a guarantor or self-insurer’s financial position, the guarantor or COFR Operator or self-insurer (as applicable), must report the change to the Director, as provided in § 138.150.
(b) Insurance guaranty method. The COFR Operator may establish and maintain evidence of financial responsibility using the insurance guaranty method by submitting an Insurance Guaranty Form to the Director.
(1) Each form must be executed by no more than four COFR insurance guarantors accepted by the Director. A lead underwriter is considered one of the COFR insurance guarantors.
(2) The process for establishing and maintaining the acceptability of a COFR insurance guarantor is as follows:
(i) The COFR insurance guarantor must request an initial determination by the Director of the COFR insurance guarantor’s acceptability to serve as a COFR insurance guarantor under this subpart, at least 90 days before the date a COFR is required, by submitting information describing the COFR insurance guarantor’s structure, business practices, history, and financial strength, and such other information as may be requested by the Director.
(ii) The Director reviews the continued acceptability of COFR insurance guarantors annually. Each COFR insurance guarantor must submit updates to the initial request submitted under paragraph (b)(2)(i) of this section, annually, within 90 days after the close of the COFR insurance guarantor’s fiscal year, describing any material changes to the COFR insurance guarantor’s legal status, structure, business practices, history, and financial strength, since the previous year’s submission, and providing such other information as may be requested by the Director.
(c) Financial guaranty method. The COFR Operator may establish and maintain evidence of financial responsibility using the financial guaranty method by submitting a Financial Guaranty Form to the Director.
(1) Each form must be executed by no more than four financial guarantors accepted by the Director, at least one of which must be a parent or affiliate of the COFR Operator. (See paragraph (g) of this section for additional requirements if more than one financial guarantor signs the form.)
(2) The process for establishing and maintaining the acceptability of a financial guarantor is as follows:
(i) The financial guarantor must comply with the self-insurance provisions in paragraph (d) of this section, and the periodic reporting requirements in paragraphs (e)(1) through (4) of this section.
(ii) The financial guarantor must also demonstrate that it maintains net worth and working capital, each in amounts equal to or greater than—
(A) The aggregate total applicable amounts, calculated for each COFR Operator vessel for which the financial guaranty is being provided, based on each such COFR Operator’s vessel with the greatest total applicable amount, plus—
(B) The total applicable amount required to be demonstrated by a self-insurer under this subpart if the financial guarantor is also acting as a self-insurer.
(3) In the case of a vessel greater than 300 gross tons, calculate the CERCLA applicable amount under § 138.100(b)(1) based on a vessel carrying hazardous substances as cargo.
(d) Self-insurance method. The COFR Operator may establish and maintain evidence of financial responsibility using the self-insurance method as follows:
(1) Submit to the Director the financial statements specified in paragraphs (e)(1) through (4) of this section for the fiscal year preceding the date the COFR Operator signs the Application or request for COFR renewal.
(2) Demonstrate that the COFR Operator maintains, in the United States, working capital and net worth, each in amounts equal to or greater than the total applicable amount, calculated as follows:
(i) If the self-insurer has multiple vessels, calculate the total applicable amount based on the vessel with the greatest total applicable amount.
(ii) In the case of a vessel greater than 300 gross tons, calculate the CERCLA applicable amount under § 138.100(b)(1) based on a vessel carrying hazardous substances as cargo.
(e) Reporting requirements for self-insurers and financial guarantors. (1) Each self-insurer and financial guarantor must submit the following reports to the Director with the Application and annually thereafter, within the deadlines specified in paragraph (e)(4) of this section:
(i) Submit the self-insurer or financial guarantor’s annual, current, and audited non-consolidated financial statements prepared in accordance with Generally Accepted Accounting Principles, and audited by an independent Certified Public Accountant in accordance with Generally Accepted Auditing Standards.
(ii) Accompany the financial statements with a declaration from the self-insurer or financial guarantor’s chief financial officer, treasurer, or equivalent official, certifying the amount of the self-insurer or financial guarantor’s current assets, and the amount of the self-insurer or financial guarantor’s total assets included in the accompanying balance sheet, which are located in the United States.
(iii) If the financial statements cannot be submitted in non-consolidated form, submit a consolidated statement accompanied by an additional declaration prepared by the same Certified Public Accountant—
(A) Verifying the amount by which the total assets located in the United States exceed the self-insurer or financial guarantor’s total (worldwide) liabilities, and the self-insurer or financial guarantor’s current assets located in the United States exceed the self-insurer or financial guarantor’s total (worldwide) current liabilities;
(B) Specifically naming the self-insurer or financial guarantor;
(C) Confirming that the amounts so verified relate only to the self-insurer or financial guarantor, apart from any parent or other affiliated entity; and
(D) Identifying the consolidated financial statement to which it applies.
(2) When the self-insurer or financial guarantor’s demonstrated net worth is not at least ten times the cumulative total applicable amounts, their chief financial officer, treasurer, or equivalent official must submit to the Director with the Application and semi-annually thereafter, within the deadline specified in paragraph (e)(4) of this section, an affidavit stating that neither their working capital nor net worth fell during the first 6 months of the self-insurer or financial guarantor’s current fiscal year, below the cumulative total applicable amounts.
(3) All self-insurers and financial guarantors must—
(i) Submit, upon the Director’s request, additional financial information within the time specified; and
(ii) Notify the Director in writing within 5 days following the date the self-insurer or financial guarantor knows, or has reason to know, that its working capital or net worth has fallen below the total applicable amounts.
(4) All required annual financial statements and declarations must be submitted to the Director within 90 days after the close of the self-insurer or financial guarantor’s fiscal year. All required semi-annual financial statements and declarations must be submitted to the Director within 30 days after the close of the applicable 6-month period. The Director will grant an extension of the time limits for submissions under this paragraph only as provided in § 138.60(e).
(5) A failure by a self-insurer or financial guarantor to timely submit to the Director any statement, data, notification, or other submission required may result in the Director denying or revoking the COFR, and may prompt enforcement action as provided under § 138.170.
(6) The Director may waive the working capital requirement for any self-insurer or financial guarantor that—
(i) Is a regulated public utility, a municipal or higher-level governmental entity, or an entity operating solely as a charitable, non-profit organization qualifying under the Internal Revenue Code (26 U.S.C. 501(c)), provided that the self-insurer or financial guarantor demonstrates in writing that the waiver would benefit a local public interest; or
(ii) Demonstrates in writing that working capital is not a significant factor in the self-insurer or financial guarantor’s financial condition, in which case the self-insurer or financial guarantor’s net worth in relation to the required cumulative total applicable amounts, and a history of stable operations, are the major elements considered by the Director.
(f) Other guaranty methods for establishing evidence of financial responsibility. (1) The COFR Operator may request that the Director accept a guaranty method for establishing evidence of financial responsibility that is different from one of the methods described in paragraphs (b) through (e) of this section as follows:
(i) The COFR Operator must submit the request to the Director in writing, at least 90 days prior to the date the COFR is required.
(ii) The request must describe in detail: The method proposed; the reasons why the COFR Operator does not wish to (or is unable to) use one of the methods described in paragraphs (b) through (e) of this section; and how the proposed guaranty method assures that the vessel’s responsible parties have the financial ability to meet their potential liabilities under OPA 90 and CERCLA in the event of an incident or a release.
(iii) Each COFR Operator making a request under this paragraph must provide the Director a proposed guaranty form that includes all the elements described in paragraphs (g) and (h) of this section.
(2) The Director will not accept a self-insurance method other than the one described in paragraph (d) of this section. The Director also will not accept a guaranty method under this paragraph that merely deletes or alters a requirement or provision of one of the guaranty methods described in paragraphs (b) through (e) of this section (for example, one that alters the termination clause of the Insurance Guaranty).
(3) A Director’s decision to accept an alternative guaranty method of establishing evidence of financial responsibility under this paragraph is final agency action.
(g) Additional rules regarding multiple guarantors. If more than one guarantor executes the relevant guaranty form, the following rules apply:
(1) If a guarantor’s percentage of vertical participation is specified on the relevant guaranty form, the guarantor is subject to direct action and is liable for the payment of costs and damages under OPA 90 or CERCLA, as applicable, only in accordance with the percentage of vertical participation so specified for that guarantor.
(2) Participation in the form of layering (tiers, one in excess of another) is not permitted. Only vertical participation on a percentage basis and participation with no specified percentage allocation is acceptable.
(3) If no percentage of vertical participation is specified for a guarantor on the relevant guaranty form, the guarantor’s liability is joint and several for the total of the unspecified portion.
(4) The participating guarantors must designate a lead guarantor having authority to bind all of the participating guarantors for actions required of guarantors under OPA 90 or CERCLA and this subpart, including but not limited to reporting changes in the evidence of financial responsibility as provided in § 138.150(d), receipt of source designations, advertisement of source designations and the responsible party’s claims procedures, and receipt and settlement of claims.
(h) Direct action. (1) Each guarantor providing evidence of financial responsibility must submit to the Director a written acknowledgment by the guarantor that a claimant (including a claimant by right of subrogation) may assert any claim for costs or damages arising under OPA 90, CERCLA, or both, directly against the guarantor, regardless of whether the claim is asserted in an action in court or other proceeding. The guarantor must also acknowledge that, in the event a claim is asserted directly against the guarantor under OPA 90, CERCLA, or both, the guarantor may invoke only the following rights and defenses—
(i) The incident, release, or both, were caused by the willful misconduct of a responsible party for whom the guaranty was provided;
(ii) All rights and defenses, which would be available to the responsible party under OPA 90, CERCLA, or both, as applicable;
(iii) A defense that the amount of the claim, or all claims asserted with respect to the same incident or release, whether asserted in court or in any other proceeding, exceeds the amount of the guaranty, except when the guaranty is based on the gross tonnage of the vessel (instead of the statutory minimums) and the guarantor knew or should have known that the applicable tonnage certificate was incorrect (see § 138.50(f)); and
(iv) The claim is not one made under OPA 90, CERCLA, or both.
(2) Except when the guaranty is based on the gross tonnage of the vessel (instead of the statutory minimums) and the guarantor knew or should have known that the evidence of financial responsibility or applicable tonnage certificate is incorrect (see § 138.50(f)), a guarantor who provides evidence of financial responsibility under this subpart will be liable, with respect to any one incident or release, or both, as applicable, only for the amount of costs and damages specified in the evidence of financial responsibility.
(3) A guarantor will not be considered to have consented to direct action under any law other than OPA 90 or CERCLA, or to unlimited liability under any law or in any venue, solely because the guarantor has provided evidence of financial responsibility under this subpart.
(4) In the event of any finding that the liability of a guarantor under OPA 90 or CERCLA exceeds the amount of the guaranty provided under this subpart, that guaranty is considered null and void with respect to that excess.
(i) Process upon disapproval of guarantor. If the Director intends to disapprove or revoke the approval of a guarantor (for example, due to the guarantor’s change in financial position), the Director will notify the COFR Operator of the need to establish new evidence of financial responsibility within a specified period.
(1) If the COFR Operator establishes, or causes to be established, new acceptable evidence of financial responsibility within the period specified by the Director in the notice, the Application if otherwise complete will be approved or the COFR will remain in effect, and the COFR Operator will not have to pay a new Application fee or certification fee.
(2) If the COFR Operator fails to establish, or cause to be established, new acceptable evidence of financial responsibility within the period specified by the Director in the notice, the Director may deny or revoke the COFR and, if revoked, the COFR Operator will have to apply for a new COFR and pay a new certification fee. The COFR Operator’s failure to establish, or cause to be established, new acceptable evidence of financial responsibility within the period specified by the Director may also result in enforcement as provided under § 138.170.
§ 138.120 Fees.
(a) Fee payment methods. Each COFR Operator applying for a COFR, or requesting a COFR renewal, must pay the fees required by paragraphs (b) and (c) of this section as follows:
(1) All fees required by this section must be paid in United States dollars.
(2) For COFR Operators using eCOFR as provided under § 138.60(c)(1)(i), credit card payment is required.
(3) For COFR Operators submitting Applications and requests for COFR renewal under § 138.60(c)(1)(ii) through (iv) (email, fax, and mail submissions), the fees must be paid by a check, cashier’s check, draft, or postal money order, made payable to the “U.S. Coast Guard”. Cash payments will not be accepted.
(i) For Applications and requests for COFR renewal submitted under § 138.60(c)(1)(ii) and (iii) (email and fax submissions, respectively), all fee payments must be received by the Director no later than 21 days following submission of the Application or request for COFR renewal.
(ii) For Applications and requests for COFR renewal submitted under § 138.60(c)(1)(iv) (mail submissions), all fee payments must be enclosed with the Application or request for COFR renewal.
(4) Any failure to timely pay the fees required by this section may result in COFR denial or revocation, debt collection (see 6 CFR part 11, 44 CFR part 11, and 31 CFR parts 285, and 900 through 904), and such other enforcement under § 138.170 as may be appropriate.
(b) Application fee. (1) Except as provided in paragraph (b)(2) of this section, the COFR Operator must pay a non-refundable Application fee of $200 for each Application submitted under this subpart (for each Application for one or more Individual Certificates, for a Fleet Certificate, or for a Master Certificate).
(2) An Application fee is not required when the COFR Operator submits—
(i) A request for an additional Individual Certificate under an existing Application;
(ii) A request to amend an Application;
(iii) A request for Certificate renewal; or
(iv) A request to reinstate a Certificate, if submitted within 90 days following the Certificate’s revocation.
(c) Certification fees. In addition to the Application fees required by paragraph (b) of this section, each COFR Operator who submits an Application or request for COFR renewal must pay the following certification fees:
(1) $100 for each vessel listed in, or added to, an Application for one or more Individual Certificates;
(2) $100 for each Application for a Fleet Certificate or Master Certificate; and
(3) $100 for each request for renewal of an Individual Certificate, a Fleet Certificate or a Master Certificate.
(d) Fee refunds. (1) A certification fee will be refunded, upon receipt by the Director of a written request, if the Application or request for COFR renewal is denied by the Director, or if the Application is withdrawn by the COFR Operator before the Director issues the COFR.
(2) Overpayments of Application and certification fees will be refunded to the COFR Operator.
§ 138.130 Agents for Service of process.
(a) Designation of U.S. agents for service of process. Each COFR Operator and guarantor must designate on the forms submitted a person located in the United States as its U.S. agent for service of process and (in the event of an incident, a release, or both) for receipt of notices of source designation, claims presented under OPA 90, CERCLA, or both, and lawsuits brought under OPA 90, CERCLA, or both.
(b) U.S. agent for service of process acknowledgment. Each U.S. agent for service of process designated under paragraph (a) must acknowledge the agency designation in writing unless the agent has already submitted a written master (that is, blanket) agency acknowledgment to the Director showing that the agent has agreed in advance to act as the U.S. agent for service of process for the COFR Operator or guarantor in question.
(c) How to change the U.S. agent for service of process. A COFR Operator or guarantor may change a designated U.S. agent for service of process, at any time and for any reason, by submitting a new U.S. agent for service of process designation in accordance with the procedure in paragraph (a), and by causing the new U.S. agent for service of process to submit the agency acknowledgment required by paragraph (b) of this section.
(d) Replacement of unavailable U.S. agent for service of process. In the event a designated U.S. agent for service of process becomes unavailable at any time, for any reason, the COFR Operator or guarantor must designate a new U.S. agent for service of process in accordance with the procedures in paragraph (a), within 5 days of the COFR Operator or guarantor becoming aware of such unavailability. In addition, the new U.S. agent for service of process must submit to the Director the agency acknowledgment required by paragraph (b) of this section.
(e) Service on the Director. If a designated U.S. agent for service of process cannot be served, then service of process on the Director, as provided in this paragraph, will constitute valid service of process on the COFR Operator or guarantor. Service of process on the Director will not be effective unless the server—
(1) Has sent a copy of each document served on the Director to the COFR Operator or guarantor, as applicable, by registered mail, at the COFR Operator or guarantor’s last known address on file with the Director;
(2) Indicates, at the time process is served upon the Director, that the purpose of the mailing is to effect service of process on the COFR Operator or guarantor; and
(3) Provides evidence acceptable to the Director at the time process is served upon the Director, that service was attempted on the designated U.S. agent for service of process but failed, stating the reasons why service on the U.S. agent for service of process was not possible, and that the document was sent to the COFR Operator or guarantor, as required by paragraph (e)(1) of this section.
§ 138.140 Application withdrawals, COFR denials and revocations.
(a) Application withdrawal. A COFR Operator, or anyone authorized to act on their behalf, may withdraw an Application at any time prior to issuance of the COFR.
(b) Application denials and COFR revocations. The Director may deny an Application or revoke a COFR, and the United States may initiate enforcement under § 138.170, for any failure to comply with the requirements of this subpart, including—
(1) If the COFR Operator, or other person acting on the COFR Operator’s behalf, makes a false statement in, or in connection with, any submission required by this subpart;
(2) If the COFR Operator, or other person acting on the COFR Operator’s behalf, fails to establish or maintain acceptable evidence of financial responsibility, as required by this subpart;
(3) If the COFR Operator fails to pay the Application and certification fees required by § 138.120;
(4) If the COFR Operator or guarantor fails to designate and maintain a U.S. agent for service of process as required by § 138.130;
(5) If the COFR Operator, or other person acting on the COFR Operator’s behalf, fails to comply with, or respond to, lawful inquiries, regulations, or orders of the U.S. Coast Guard pertaining to the activities subject to this subpart;
(6) If the COFR Operator, or other person acting on the COFR Operator’s behalf, fails to timely report information required to be reported to the Director under this subpart, including failing to timely submit to the Director statements, data, financial information, notifications, affidavits, or other submissions required by this subpart; or
(7) If the Director obtains information indicating that the Application should be denied or that a new COFR is required (for example, a permanent vessel transfer, new COFR Operator, vessel renaming, guaranty termination, disapproval of a guarantor).
(c) Procedure for reinstating COFRs following termination of guaranties. If a COFR is revoked by the Director under paragraph (b)(2) of this section based on the expiration of 30 days following the date the Director receives a guarantor’s notice of termination as provided under §§ 138.110(a)(3) and 138.150(d), the Director may reinstate the COFR if the guarantor promptly notifies the Director following the revocation that the guarantor rescinded the termination and that there was no gap in guarantor coverage.
(d) Notice to COFR Operator of intent to deny an Application or revoke a COFR. If the Director obtains information indicating that an Application should be denied or that a COFR should be revoked for reasons that the COFR Operator may not be aware of, the Director will notify the COFR Operator, in writing, stating the reason for the intended action.
(1) A notice from the Director that an Application is incomplete will be considered a denial unless the Application is completed by the COFR Operator within the period specified in the notice. A COFR subject to revocation remains valid until the COFR is revoked as provided in § 138.140(d)(2) and (3).
(2) If the Director issues a notice of intent to deny an Application or revoke a COFR due to a violation under paragraph (b) of this section, the COFR Operator may demonstrate compliance to the Director in writing by no later than the date specified by the Director in the notice. If the COFR Operator demonstrates compliance by that date, the Application will remain under consideration, and any current COFR will remain in effect, unless and until the Director issues a written decision denying the Application or revoking the COFR, as applicable. Otherwise, the Application denial or COFR revocation is effective as of the date specified by the notice.
(3) The denial of an Application or revocation of a COFR does not terminate the guaranty.
(e) Request for reconsideration. (1) A COFR Operator may ask the Director to reconsider a denial of the COFR Operator’s Application or the revocation of a COFR as follows:
(i) The COFR Operator must submit the request for reconsideration, in writing, to the Director no later than 21 days after the date of the denial or revocation.
(ii) The submission must state the COFR Operator’s reasons for requesting reconsideration and include all supporting documentation.
(2) A decision by the Director on reconsideration of an Application denial or a COFR revocation is final agency action. If the Director does not issue a written decision on the request for reconsideration within 30 days after its submission, the request for reconsideration will be deemed to have been denied, and the Application denial or COFR revocation will be deemed to have been affirmed as a matter of final agency action. Unless the Director issues a decision reversing the revocation, the COFR revocation remains in effect.
(f) Duty to remedy violations. If the COFR for a vessel expires or is revoked while the vessel is located in the navigable waters, at any port or other place subject to the jurisdiction of the United States, or in the Exclusive Economic Zone, the COFR Operator and the vessel’s other responsible parties will be deemed in violation of this subpart. In such event, the COFR Operator or, if unavailable or no longer operating the vessel, the vessel’s current responsible parties, must notify the Director within 24 hours, by email or other electronic means. The notice must include the information required by § 138.150(b) and must establish new evidence of financial responsibility, designate a new COFR Operator if applicable, and cure any other violation of this subpart.
§ 138.150 Reporting requirements.
(a) Report changes of submitted information. When there is a change in any of the facts contained in an Application, a request for COFR renewal, evidence of financial responsibility, or other submission made under this subpart, the change must be reported, in writing, to the Director. The reports required by this section may be submitted with, but are in addition to, other submissions required by this subpart (for example, Applications, requests for COFR renewal, semi-annual and annual financial reports, Master Certificate reports).
(b) A 21-day prior reporting requirement of permanent vessel transfers and other changes requiring issuance of a new COFR. Current COFR Operators of vessels, and owners or operators of vessels not currently in U.S. navigable waters or the U.S. Exclusive Economic Zone, must report to the Director, and (if applicable) to the guarantor, the following information, no later than 21 business days before the new COFR is required:
(1) The number of the current COFR;
(2) The name of the covered vessel;
(3) The type of change planned;
(4) The date the change will take place;
(5) The reason for the change;
(6) For a vessel that will be located in U.S. navigable waters or U.S. Exclusive Economic Zone on the date the change is scheduled to take place, where the vessel will be located on that date (for example, name and location of port);
(7) For a vessel name change, the vessel’s new legal name;
(8) For the planned transfer of a vessel to a new responsible party, and even if the transferee’s intent is to scrap or otherwise dispose of the vessel, the name and contact information of the responsible party to whom the vessel is being transferred;
(9) For a change of COFR Operator, the name and contact information of the person who will replace the COFR Operator; and
(10) Any other changes in the information previously submitted to ensure the information on record at the NPFC is current.
(c) Three-day prior reporting of changes not requiring issuance of a new COFR. In addition to the prior reporting required by paragraph (b) of this section, the COFR Operator must report any change to information contained in a submission to the Director that does not require issuance of a new COFR, by no later than 3 business days before implementing the change, including, but not limited to: Changes to the U.S. agent for service of process (other than termination), a change of a non-operator vessel owner, new contact information, and changes in vessel particulars (for example, flag, measurement, type, and scheduled vessel scrapping).
(d) Reporting by guarantors. Each guarantor (or, if there are multiple guarantors, each lead guarantor) must give the Director 30 days notice before terminating a guaranty as provided in § 138.110(a)(3), explaining the reason for the intended termination, once known, or should have known, in the ordinary course of business.
(e) Enforcement; deadline exceptions. A failure to timely submit the reports required by this section may result in enforcement actions as provided in § 138.170. Exceptions to the reporting deadlines will only be granted as provided in § 138.60(e).
§ 138.160 Non-owning COFR Operator’s responsibility for identification.
(a) Each COFR Operator of a vessel with a COFR, other than an unmanned, non-self-propelled barge, who is not also an owner of the vessel must ensure that the original or a legible copy of the vessel’s demise charter-party (or other written document on the owner’s letterhead, signed by the vessel owner, which specifically identifies the COFR Operator named on the COFR) is maintained on board the vessel.
(b) The demise charter-party or other document required by paragraph (a) of this section must be presented, upon request, for examination and copying, to the Director or other United States Government official.
§ 138.170 Enforcement.
(a) Applicability. Any person who fails to comply with the requirements of this subpart, including the reporting requirements in § 138.150, may be subject to enforcement as provided in this section, including if—
(1) The COFR Operator fails to maintain acceptable evidence of financial responsibility as required;
(2) The name of a covered vessel is changed without reporting the change to the Director as required in § 138.150;
(3) The COFR Operator ceases, for any reason, to be an operator of a covered vessel, including when a vessel is scrapped or transferred to a new owner or operator, and a new Application and report have not been submitted to the Director as required by §§ 138.80 and 138.150; or
(4) The COFR Operator fails to maintain a U.S. agent for service of process.
(b) Non-compliance. During a period of non-compliance with this subpart, all use by the vessel of the navigable waters of the United States, of any port or other place subject to the jurisdiction of the United States, or of the Exclusive Economic Zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States, is forbidden.
(c) Withholding and revoking vessel clearance. The Secretary of the Department of Homeland Security will withhold or revoke the clearance required by 46 U.S.C. 60105 of any vessel subject to this subpart that does not have a COFR or for which the evidence of financial responsibility required has not been established and maintained.
(d) Denying vessel entry, and detention. The U.S. Coast Guard may deny entry to any port or other place in the United States or the navigable waters, and may detain at any port or other place in the United States in which it is located, any vessel subject to this subpart, which does not have a COFR or for which the evidence of financial responsibility required by this subpart has not been established and maintained.
(e) Seizure and forfeiture. In accordance with OPA 90, any vessel subject to this subpart which is found in the navigable waters without a COFR, or for which the necessary evidence of financial responsibility has not been established and maintained as required, is subject to seizure by, and forfeiture to, the United States.
(f) Administrative and judicial penalties and other relief. (1) Any person who fails to comply with the requirements of this subpart or the evidence of financial responsibility requirements of OPA 90, CERCLA, or both, including a failure to comply with the reporting requirements in § 138.150, is subject to civil administrative and judicial penalties under OPA 90 and CERCLA, as applicable. In addition, under OPA 90, the Attorney General may secure such relief as may be necessary to compel compliance with OPA 90 and this subpart, including termination of operations.
(2) Under 18 U.S.C. 1001, any person making a false statement in, or in connection with, a submission under OPA 90 or CERCLA or this subpart is subject to prosecution.
(3) Any person who fails to timely pay the fees required by § 138.120 or any other amounts due under OPA 90 or CERCLA or this subpart may also be subject to Federal debt collection under 6 CFR part 11, 44 CFR part 11 and 31 CFR parts 285, and 900 through 904.
Subpart B—OPA 90 Limits of Liability (Vessels, Deepwater Ports and Onshore Facilities)
§ 138.200 Scope.
This subpart sets forth the limits of liability under Title I of the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701, et seq.) (OPA 90), for vessels, deepwater ports, and onshore facilities, as adjusted under OPA 90 (33 U.S.C. 2704(d)). This subpart also sets forth the method and procedure the Coast Guard uses to periodically adjust the OPA 90 limits of liability by regulation under OPA 90 (33 U.S.C. 2704(d)(4)), to reflect significant increases in the Consumer Price Index (CPI), and to update the limits of liability when they are amended by statute. In addition, this subpart cross-references the U.S. Department of the Interior regulation setting forth the OPA 90 limit of liability applicable to offshore facilities, as adjusted under OPA 90 (33 U.S.C. 2704(d)(4)) to reflect significant increases in the CPI.
§ 138.210 Applicability.
This subpart applies to you if you are a responsible party for a vessel, a deepwater port, or an onshore facility (including, but not limited to, motor vehicles, rolling stock and onshore pipelines), unless your liability is unlimited under OPA 90 (33 U.S.C. 2704(c)).
§ 138.220 Definitions.
(a) As used in this subpart, the following terms have the meanings set forth in OPA 90 (33 U.S.C. 2701): deepwater port, facility, gross ton, liability, oil, offshore facility, onshore facility, responsible party, tank vessel, and vessel.
(b) As used in this subpart—
Annual CPI-U means the annual “Consumer Price Index—All Urban Consumers, Not Seasonally Adjusted, U.S. City Average, All items, 1982-84=100”, published by the U.S. Department of Labor, Bureau of Labor Statistics.
Current period means the year in which the Annual CPI-U was most recently published by the U.S. Department of Labor, Bureau of Labor Statistics.
Director, NPFC means the person in charge of the U.S. Coast Guard, National Pollution Funds Center (NPFC), or that person’s authorized representative.
Edible oil tank vessel means a tank vessel referred to in OPA 90 (33 U.S.C. 2704(c)(4)(A)).
Oil spill response vessel means a tank vessel referred to in OPA 90 (33 U.S.C. 2704(c)(4)(B)).
Previous period means the year in which the previous limit of liability was established, or last adjusted by statute or regulation, whichever is later.
Single-hull means the hull of a tank vessel that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, that is not a double hull as defined in 33 CFR part 157. Single-hull includes the hull of any such tank vessel that is fitted with double sides only or a double bottom only.
§ 138.230 Limits of liability.
(a) Vessels. (1) The OPA 90 limits of liability for tank vessels, other than edible oil tank vessels and oil spill response vessels, are—
(i) For a single-hull tank vessel greater than 3,000 gross tons, the greater of $4,000 per gross ton or $29,591,300;
(ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,500 per gross ton or $21,521,000;
(iii) For a single-hull tank vessel less than or equal to 3,000 gross tons, the greater of $4,000 per gross ton or $8,070,400; and
(iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,500 per gross ton or $5,380,300.
(2) The OPA 90 limits of liability for any vessel other than a vessel listed in paragraph (a)(1) of this section, including for any edible oil tank vessel and any oil spill response vessel, are the greater of $1,300 per gross ton or $1,076,000.
(b) Deepwater ports. (1) The OPA 90 limit of liability for any deepwater port, including for any component pipelines, other than a deepwater port listed in paragraph (b)(2) of this section, is $725,710,800;
(2) The OPA 90 limits of liability for deepwater ports with limits of liability established by regulation under OPA 90 (33 U.S.C. 2704(d)(2)), including for any component pipelines, are—
(i) For the Louisiana Offshore Oil Port (LOOP), $110,332,600; and
(ii) [Reserved]
(c) Onshore facilities. The OPA 90 limit of liability for onshore facilities, including, but not limited to, motor vehicles, rolling stock and onshore pipelines, is $725,710,800.
(d) Offshore facilities. The OPA 90 limit of liability for offshore facilities other than deepwater ports, including for any offshore pipelines, is set forth at 30 CFR 553.702.
§ 138.240 Procedure for updating limits of liability to reflect significant increases in the Consumer Price Index (Annual CPI-U) and statutory changes.
(a) Update and publication. The Director, NPFC, will periodically adjust the limits of liability set forth in § 138.230(a) through (c) to reflect significant increases in the Annual CPI-U, according to the procedure for calculating limit of liability inflation adjustments set forth in paragraphs (b)-(d) of this section, and will publish the inflation-adjusted limits of liability and any statutory amendments to those limits of liability in the
(b) Formula for calculating a cumulative percent change in the Annual CPI-U. (1) The Director, NPFC, calculates the cumulative percent change in the Annual CPI-U from the year the limit of liability was established, or last adjusted by statute or regulation, whichever is later (i.e., the previous period), to the most recently published Annual CPI-U (i.e., the current period), using the following escalation formula:
(2) The cumulative percent change value calculated using the formula in paragraph (b)(1) of this section is rounded to one decimal place.
(c) Significance threshold. Not later than every three years from the year the limits of liability were last adjusted for inflation, the Director, NPFC, will evaluate whether the cumulative percent change in the Annual CPI-U since that date has reached a significance threshold of 3 percent or greater. For any three-year period in which the cumulative percent change in the Annual CPI-U is less than 3 percent, the Director, NPFC, will publish a notice of no inflation adjustment to the limits of liability in the
(d) Formula for calculating inflation adjustments. The Director, NPFC, calculates adjustments to the limits of liability in § 138.230 for inflation using the following formula:
SUBCHAPTER N—OUTER CONTINENTAL SHELF ACTIVITIES
PART 140—GENERAL
Subpart A—General
§ 140.1 Purpose.
This subchapter is intended to promote safety of life and property on Outer Continental Shelf (OCS) facilities, vessels, and other units engaged in OCS activities, protect the marine environment, and implement the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as amended by the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372, 92 Stat. 629).
§ 140.3 Applicability.
Unless otherwise stated, this subchapter applies to OCS facilities, vessels, and other units engaged in OCS activities as the term “OCS activities” is defined in § 140.10. This subchapter does not apply to pipelines and deepwater ports (as the term “deepwater port” is defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)). The regulations in this subchapter (parts 140 through 147) have preemptive effect over state or local regulations in the same field.
§ 140.4 Relationship to other law.
(a) Design and equipment requirements of this subchapter for OCS facilities, including mobile offshore drilling units in contact with the seabed of the OCS for exploration or exploitation of subsea resources, are in addition to the regulations and orders of the U.S. Geological Survey applicable to those facilities.
(b) Any apparent conflict between the application of any requirement of this subchapter and any regulation or order of the U.S. Geological Survey should immediately be brought to the attention of the Officer in Charge, Marine Inspection.
(c) This subchapter does not establish design requirements for fixed OCS facilities or regulate drilling or production equipment on any OCS facility or attending vessel, except for matters affecting navigation or workplace safety or health.
§ 140.5 Exemptions during construction.
The Officer in Charge, Marine Inspection, may exempt any unit under construction from any requirements of this subchapter that would be impracticable or unreasonable to apply during construction or erection of the unit.
§ 140.7 Incorporation by reference.
(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036, 212-642-4900, https://www.ansi.org.
(1) ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines, and Drop Lines for Construction and Industrial Use, IBR approved for § 142.42(b).
(2) ANSI/UL 1123-1987, Standard for Marine Buoyant Devices, IBR approved for § 143.405(a).
(3) ANSI Z41-1983, American National Standard for Personal Protection-Protective Footwear, IBR approved for § 142.33(a) and (b).
(4) ANSI Z87.1-1979, Practice for Occupational and Educational Eye and Face Protection, IBR approved for § 142.27(a) and (c).
(5) ANSI Z88.2-1980, Practices for Respiratory Protection, IBR approved for § 142.39(a) through (c).
(6) ANSI Z89.1-1981, Safety Requirements for Industrial Head Protection, IBR approved for § 142.30(a) and (b).
(c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org.
(1) IMO Assembly Resolution A.414 (XI), Code for Construction and Equipment of Mobile Offshore Drilling Units, IBR approved for §§ 143.207(c) and 146.205(c).
(2) [Reserved]
(d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 145.01(b).
(2) [Reserved]
§ 140.10 Definitions.
As used in this subchapter:
Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 1331 et seq.), as amended by the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372).
Approved means approved by the Commandant, unless otherwise indicated.
Attending vessel means a vessel which is moored close to and readily accessible from an OCS facility for the purpose of providing power, fuel, or other services to the operation being conducted on the facility.
Bureau of Safety and Environmental Enforcement inspector or BSEE inspector means an individual employed by the Bureau of Safety and Environmental Enforcement who inspects fixed OCS facilities on behalf of the Coast Guard to determine whether the requirements of this subchapter are met.
Commandant means Commandant of the Coast Guard or that person’s authorized representative.
Constructed means the date—
(1) The vessel’s keel was laid; or
(2) Construction identifiable with the vessel or facility began and assembly of that vessel or facility commenced comprising of 50 metric tons or at least 1 percent of the estimated mass of all structural material, whichever is less.
Development means those activities which take place following discovery of minerals in paying quantities, including, but not limited to, geophysical activity, drilling, and platform construction, and which are for the purpose of ultimately producing the minerals discovered.
District Commander means an officer who commands a Coast Guard District described in part 3 of this chapter or that person’s authorized representative.
Exploration means the process of searching for minerals, including, but not limited to, (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after the discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production.
Fixed OCS facility means a bottom founded OCS facility permanently attached to the seabed or subsoil of the OCS, including platforms, guyed towers, articulated gravity platforms, and other structures.
Floating OCS facility means a buoyant OCS facility securely and substantially moored so that it cannot be moved without a special effort. This term includes tension leg platforms and permanently moored semisubmersibles or shipshape hulls but does not include mobile offshore drilling units and other vessels.
Investigating officer means a person assigned by the Commandant, a District Commander, or an Officer in Charge, Marine Inspection, to conduct an investigation of an accident, casualty, or other incident.
Manned facility means an OCS facility on which people are routinely accommodated for more than 12 hours in successive 24 hour periods.
Manned platform means a fixed OCS facility on which people are routinely accommodated for more than 12 hours in successive 24 hour periods.
Marine inspector means a person designated as such by an Officer in Charge, Marine Inspection, to perform inspections of units to determine whether or not the requirements of laws administered by the Coast Guard and of Coast Guard regulations are met.
Minerals includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
Mobile offshore drilling unit or MODU means a vessel, other than a public vessel of the United States, capable of engaging in drilling operations for exploration or exploitation of subsea resources.
Officer in Charge, Marine Inspection means a person who commands a Marine Inspection Zone described in part 3 of this chapter and who is immediately responsible for the performance of duties with respect to inspections, enforcement, and administration of regulations governing units.
Operator means—(1) In the case of a vessel, a charterer by demise or any other person who is responsible for the operation, manning, victualing, and supplying of the vessel; or
(2) In the case of an OCS facility, the operator as defined in 30 CFR 250.2(gg).
Outer Continental Shelf or OCS means all submerged lands lying seaward and outside of the area of “lands beneath navigable waters” as defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
OCS activity means any offshore activity associated with exploration for, or development or production of, the minerals of the Outer Continental Shelf.
OCS facility means any artificial island, installation, or other device permanently or temporarily attached to the subsoil or seabed of the Outer Continental Shelf, erected for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources. The term includes mobile offshore drilling units when in contact with the seabed of the OCS for exploration or exploitation of subsea resources. The term does not include any pipeline or deepwater port (as the term “deepwater port” is defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)).
Owner means a person holding title to or, in the absence of title, other indicia of ownership of a unit; however, this does not include a person who holds indicia of ownership primarily to protect a security interest in the unit and does not participate in the management or operation of the unit.
Person means an individual, association, partnership, consortium, joint venture, private, public, or municipal firm or corporation, or a government entity.
Person in charge means the master or other individual designated as such by the owner or operator under § 146.5 of this subchapter or 46 CFR 109.107.
Personnel means individuals who are employed by leaseholders, permit holders, operators, owners, contractors, or subcontractors and who are on a unit by reason of their employment.
Production means those activities which take place after the successful completion of any means for the removal of minerals, including, but not limited to, such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and workover.
Rebuilt means having had substantial alteration or reconstruction of the hull or principal structural component.
Standby vessel means a vessel meeting the requirements of part 143, subpart E, of this chapter and specifically designated in an Emergency Evacuation Plan under § 146.140 or § 146.210 of this chapter to provide rapid evacuation assistance in the event of an emergency.
Unit means any OCS facility, vessel, rig, platform, or other vehicle or structure, domestic or foreign.
Unmanned facility means an OCS facility, other than a floating facility or mobile offshore drilling unit, which is not a manned facility even though it may be continuously serviced by an attending vessel.
Unmanned platform means a fixed, bottom-founded OCS facility which is not a manned facility even though it may be continuously serviced by an attending vessel.
Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
§ 140.15 Equivalents and approved equipment.
(a) The use of alternate equipment or procedures for those specified in this subchapter may be permitted by an Officer in Charge, Marine Inspection, to the extent and upon conditions as will insure a degree of safety comparable to or greater than that provided by the minimum standards in this subchapter.
(b) Where equipment in this subchapter is required to be of an approved type, the equipment requires the specific approval of the Commandant. Approvals are published in the
(c) Specifications for certain items required to be of an approved type are contained in 46 CFR Parts 160 through 164.
§ 140.20 Delegations.
(a) Each District Commander is responsible for the administration and enforcement of the regulations in this subchapter within that person’s assigned district.
(b) Under the general superintendence of the District Commander, the Officer in Charge, Marine Inspection, is delegated authority to administer and enforce the regulations in this subchapter.
(c) Authority delegated under this section may be redelegated as necessary by the delegate.
§ 140.25 Appeals.
(a) Any person directly affected by an action or decision of an Officer in Charge, Marine Inspection, under the Act or the regulations in this subchapter may request reconsideration of that action or decision. If still dissatisfied, that person may appeal the action or decision of the Officer in Charge, Marine Inspection, within 30 days to the District Commander of the District in which the action was taken or the decision made. The District Commander issues a decision after reviewing the appeal submitted under this paragraph.
(b) Any person not satisfied with the decision of a District Commander may appeal that decision within 30 days to the Commandant, who issues a ruling after reviewing the appeal submitted under this paragraph. Rulings of the Commandant constitute final agency action.
(c) An appeal to the District Commander or Commandant:
(1) Must be made in writing, except in an emergency when an oral appeal may be accepted;
(2) Must be submitted to the District Commander of the District in which the action was taken or the decision made;
(3) Must describe the decision or action being appealed;
(4) Must state the reasons why the action or decision should be set aside or modified; and
(5) May contain any supporting documents and evidence that the appellant wishes to have considered.
(d) Pending determination of any appeal, the action or decision appealed remains in effect, unless suspended by the District Commander to whom the appeal was made or by the Commandant.
§ 140.30 Judicial review.
(a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law.
(b) Judicial review of the regulations in this subchapter, or any final ruling or order of the Commandant or that person’s delegate pursuant to the Act or the regulations in this subchapter, is governed by the judicial review provisions of section 23 of the Act (43 U.S.C. 1349).
§ 140.35 Sanctions.
(a) Any person who fails to comply with:
(1) Any provision of the Act;
(2) Any regulation in this subchapter; or
(3) Any order issued under the Act or the regulations in this subchapter by the Commandant, a District Commander, or an Officer in Charge, Marine Inspection, after notice of the failure and after expiration of any reasonable period allowed for corrective action, shall be liable for a civil penalty for each day of the continuance of the failure.
(b) Any person who knowingly and willfully:
(1) Violates any provision of the Act;
(2) Violates any regulation in this subchapter designed to protect health, safety, or the environment;
(3) Violates any order of the Commandant, District Commander, or Officer in Charge, Marine Inspection, issued under the Act or the regulations in this subchapter that is designed to protect health, safety, or the environment;
(4) Makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under the Act or the regulations in this subchapter;
(5) Falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this Act or the regulations in this subchapter; or
(6) Reveals any data or information required to be kept confidential by the Act shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of this section continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in paragraph (b)(5) of this section, constitutes a separate violation.
(c) Whenever a corporation or other entity is subject to prosecution under paragraph (b) of this section, any officer or agent of the corporation or entity who knowingly and willfully authorized, ordered, or carried out the prescribed activity shall be subject to the same fines or imprisonment, or both, as provided for under paragraph (b) of this section.
(d) The penalties prescribed in this section are concurrent and cumulative and the exercise of one does not preclude the exercise of the others. Further, the penalties prescribed in this section are in addition to any other penalties afforded by any other law or regulation.
§ 140.40 Processing penalty cases.
Apparent violations of the regulations in this subchapter are processed in accordance with subpart 1.07 of 33 CFR part 1 on civil and criminal penalty proceedings, except as follows:
(a) The District Commander refers civil penalty cases to the Secretary of the Interior, or that person’s delegate, who, under the Act, assesses, collects, and compromises civil penalties.
(b) If a possible violation investigated by the Coast Guard carries both a civil and a criminal penalty, the District Commander determines whether to refer the case to the U.S. Attorney for criminal prosecution or to the Secretary of the Interior, or that person’s delegate, for civil penalty proceedings.
(c) When the U.S. Attorney declines to institute criminal proceedings, the District Commander decides whether to refer the case to the Secretary of the Interior, or that person’s delegate, for civil penalty proceedings or to close the case.
Subpart B—Inspections
§ 140.101 Inspection by Coast Guard marine inspectors or Bureau of Safety and Environmental Enforcement inspectors.
(a) Each unit engaged in OCS activities is subject to inspection by the Coast Guard.
(b) On behalf of the Coast Guard, each fixed OCS facility engaged in OCS activities is subject to inspection by the Bureau of Safety and Environmental Enforcement (BSEE).
(c) Under the direction of the Officer in Charge, Marine Inspection, Coast Guard marine inspectors may inspect units engaged in OCS activities, and BSEE inspectors may inspect fixed OCS facilities, to determine whether the requirements of this subchapter are met. These inspections may be conducted with or without advance notice at any time deemed necessary by the Officer in Charge, Marine Inspection, or BSEE.
(d) As part of an inspection, a Coast Guard marine inspector or a BSEE inspector may review records and require and observe the conduct of emergency drills and other tests and procedures as may be necessary to demonstrate to that person’s satisfaction that the unit and its equipment are in full compliance with applicable Coast Guard regulations. The Coast Guard marine inspector or the BSEE inspector consults with the person in charge of the unit before requiring a drill or other test or procedure to be conducted to minimize disruption of unit activities and risk to life or property.
(e) Coast Guard inspections of foreign units recognize valid international certificates accepted by the United States, including Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling Unit (MODU) Code certificates for matters covered by the certificates, unless there are clear grounds for believing that the condition of the unit or its equipment does not correspond substantially with the particulars of the certificate.
(f) Coast Guard marine inspectors conduct an initial inspection of each fixed OCS facility to determine whether the facility is in compliance with the requirements of this subchapter.
§ 140.103 Annual inspection of fixed OCS facilities.
(a) The owner or operator of each fixed OCS facility shall ensure that the facility is inspected, at intervals not to exceed 12 months, to determine whether the facility is in compliance with the requirements of this subchapter.
(b) Except for initial inspections under § 140.101(f), inspections by Coast Guard marine inspectors and Bureau of Safety and Environmental Enforcement (BSEE) inspectors do not meet the requirements for an inspection under paragraph (a) of this section.
(c) Except for initial inspections under § 140.101(f), the results of the inspection under paragraph (a) of this section must be recorded on form CG-5432. Forms CG-5432 may be obtained from the Officer in Charge, Marine Inspection. A copy of the completed form must be kept for 2 years after the inspection under paragraph (a) of this section is conducted and the form made available to the Coast Guard and BOEMRE on request. For manned fixed OCS facilities, the copy of the completed form must be kept on the facility. For unmanned fixed OCS facilities, the copy of the completed form must be kept either at the nearest manned fixed OCS facility or, if there is no manned fixed OCS facility in the area, at the nearest field office of the owner or operator. In addition, the owner or operator must submit, to the appropriate BSEE District office, a copy of each completed form CG-5432 that indicates outstanding deficiencies or hazards, within 30 days after completion of the inspection.
§ 140.105 Correction of deficiencies and hazards.
(a) Lifesaving and fire fighting equipment which is found defective during an inspection by a Coast Guard marine inspector or a Bureau of Safety and Environmental Enforcement (BSEE) inspector and which, in the opinion of the inspector, cannot be satisfactorily repaired must be so mutilated in the presence of the inspector that it cannot be used for the purpose for which it was originally intended. Lifesaving and fire fighting equipment subsequently determined to be unrepairable must be similarly mutilated in the presence of the person making that determination.
(b) Any deficiency or hazard discovered during an inspection by a Coast Guard marine inspector or a BSEE inspector is reported to the unit’s owner or operator, who shall have the deficiency or hazard corrected or eliminated as soon as practicable and within the period of time specified by the inspector.
(c) Deficiencies and hazards discovered during an inspection of a fixed OCS facility under § 140.103(a) must be corrected or eliminated, if practicable, before the form CG-5432 is completed. Deficiencies and hazards that are not corrected or eliminated by the time the form is completed must be indicated on the form as “outstanding” and the form submitted to the appropriate BSEE District office. Upon receipt of a form CG-5432 indicating outstanding deficiencies or hazards, BSEE informs, by letter, the owner or operator of the fixed OCS facility of the deficiencies or hazards and the time period specified to correct or eliminate the deficiencies or hazards.
(d) For lifesaving and fire fighting equipment deficiencies on fixed OCS facilities that cannot be corrected before the submission of form CG-5432, the owner or operator must contact the appropriate BSEE District Supervisor to request a time period for repair of the item. The owner or operator must include a description of the deficiency and the time period approved by BSEE for correction of the deficiency in the comment section of form CG-5432.
(e) Where a deficiency or hazard remains uncorrected or uneliminated after the expiration of the time specified for correction or elimination, the Officer in Charge, Marine Inspection or BSEE (for deficiencies or hazards discovered by BSEE during an inspection of a fixed OCS facility), initiates appropriate enforcement measures.
Subpart C—Investigations
§ 140.201 General.
Under the direction of the Officer in Charge, Marine Inspection, investigating officers investigate the following incidents occurring as a result of OCS activities:
(a) Death.
(b) Injury resulting in substantial impairment of any bodily unit or function.
(c) Fire which causes death, serious injury or property damage exceeding $25,000.
(d) Oil spillage exceeding two hundred barrels of oil in one occurrence during a thirty-day period.
(e) Other injuries, casualties, accidents, complaints of unsafe working conditions, fires, pollution, and incidents occurring as a result of OCS activities as the Officer in Charge, Marine Inspection, deems necessary to promote the safety of life or property or protect the marine environment.
§ 140.203 Investigation procedures.
(a) Insofar as practicable, investigations conducted pursuant to this subchapter shall follow the procedures of 46 CFR part 4.
(b) Representatives of the U.S. Geological Survey may participate in these investigations. This participation may include, but is not limited to:
(1) Participating in a joint on-scene investigation;
(2) Making recommendations concerning the scope of the investigation;
(3) Calling and examing witnesses; and
(4) Submitting or requesting additional evidence.
(c) Reports of investigations conducted under this subchapter shall be made available to parties to the investigation and the public upon completion of agency action.
§ 140.205 Subpoenas.
(a) In any investigation conducted pursuant to this subchapter, the investigating officer shall have the power to administer necessary oaths, subpoena witnesses, and require the production of books, papers, documents, and any other evidence.
(b) Attendance of witnesses or the production of books, papers, documents, or any other evidence shall be compelled by a process similar to that used in the District Courts of the United States.
PART 141—PERSONNEL
Subpart A—Restrictions on Employment
§ 141.1 Purpose.
This subpart prescribes rules governing restrictions on the employment of personnel on units engaged in OCS activities.
§ 141.5 Applicability.
(a) This subpart applies to employment of personnel on units engaged in OCS activities, except as provided in paragraph (b) of this section.
(b) This subpart does not apply to employment of personnel on any:
(1) Vessel subject to the citizenship requirements of 46 U.S.C. 8103 for pilots, crew, and officers holding a valid license or MMC with officer endorsement when the vessel is transiting to or from an OCS facility or a United States port;
(2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102 and 8103 for officers and crew on federally subsidized or documented vessels; or
(3) Unit over 50 percent of which is owned by one or more citizens of a foreign nation or with respect to which one or more citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploration, development, or production of oil or gas in its offshore areas.
(c) The Commandant may, upon request or upon that person’s own initiative, determine whether over 50 percent of a particular unit is owned by citizens of a foreign nation or whether citizens of a foreign nation have the right effectively to control the unit.
(d) In determining whether ownership or a right effectively to control exists, the Commandant may consider operational control of a unit, management responsibility, title, lease and charter arrangements, and financial interests.
(e) The owner or operator of any unit affected is notified of the Commandant’s determination.
§ 141.10 Definitions.
As used in this subpart:
Citizens of the United States means:
(1) In the case of an individual, one who is a native born, derivative, or fully naturalized citizen of the United States;
(2) In the case of a partnership, unincorporated company, or association, one in which 50% or more of the controlling interest is vested in citizens of the United States; or
(3) In the case of a corporation, one which is incorporated under the laws of the United States or of any State thereof.
Citizen of a foreign nation means:
(1) In the case of an individual, one who is not a citizen of the United States;
(2) In the case of a partnership, unincorporated company, or association, one in which more than 50% of the controlling interest is vested in citizens of a nation other than the United States; or
(3) In the case of a corporation, one which is incorporated under the laws of a nation other than the United States so long as (i) the title to a majority of the stock thereof is free from any trust or fiduciary obligation in favor of any citizen of the United States; (ii) the majority of the voting power in the corporation is not vested in any citizen of the United States; (iii) through any contract or understanding, the majority of the voting power may not be exercised directly or indirectly on behalf of any citizen of the United States; or (iv) by no other means, control of the corporation is conferred upon or permitted to be exercised by any citizen of the United States.
Resident alien means an alien lawfully admitted to the United States for permanent residence in accordance with section 101(a)(20) of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1101(a)(20).
§ 141.15 Restrictions on employment.
(a) Each employer of personnel on any unit engaged in OCS activities that is subject to this part must employ, as members of the regular complement of the unit, only citizens of the United States or resident aliens except as provided by § 141.20.
(b) As used in paragraph (a) of this section, “regular complement of a unit” means those personnel necessary for the routine functioning of the unit, including marine officers and crew; industrial personnel on the unit, such as toolpushers, drillers, roustabouts, floor hands, crane operators, derrickmen, mechanics, motormen, and general maintenance personnel; and support personnel on the unit, such as cooks, stewards and radio operators. The term does not include specialists, professionals, or other technically trained personnel called in to handle emergencies or other temporary operations; extra personnel on a unit for training; and other personnel temporarily on a unit for specialized operations, such as construction, alteration, well logging, or unusual repairs or emergencies.
(c)(1) The Officer in Charge, Marine Inspection, may determine whether a particular individual or position is part of the regular complement of a unit. A copy of the determination is provided to the owner or operator of the unit affected.
(2) Determinations in paragraph (c)(1) of this section for all MODUs and fixed and floating OCS facilities, as those terms are defined in 33 CFR 140.10, operating within the Eighth District Outer Continental Shelf Marine Inspection Zone will be made by the Eighth District Outer Continental Shelf Officer in Charge, Marine Inspection, as defined and described in § 3.40-5 of this chapter.
§ 141.20 Exemptions from restrictions on employment.
(a) An employer may request an exemption from the restrictions on employment in § 141.15 in order to employ persons other than citizens of the United States or resident aliens as part of the regular complement of the unit under the following circumstances:
(1) When specific contractual provisions or national registry manning requirements in effect on September 18, 1978 provide that a person other than a citizen of the United States or a resident alien is to be employed on a particular unit.
(2) When there is not a sufficient number of citizens of the United States or resident aliens qualified and available for the work.
(3) When the President determines with respect to a particular unit that the employment of only citizens of the United States or resident aliens is not consistent with the national interest.
(b) The request must be in writing, identify the provision of paragraph (a) of this section relied upon, and:
(1) If involving specific contractual provisions under paragraph (a)(1) of this section, list the persons claimed exempt and contain a copy of the contract;
(2) If involving persons without an H-2 Visa under paragraph (a)(2) of this section, list the persons or positions sought to be exempted; or
(3) If under paragraph (a)(3) of this section, identify the unit involved and contain any information in support of the claim.
(c) Requests must be submitted to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
(d) Upon receipt of a request under paragraph (a)(2) of this section, the Coast Guard seeks information from the Department of Labor concerning whether there are citizens of the United States or resident aliens qualified and available for work. If information is provided that citizens of the United States or resident aliens are qualified and available, the employer may be required to seek their employment before the request is approved.
(e) Upon receipt of a request under paragraph (a)(3) of this section and after consulting with other Federal agencies as appropriate, the Commandant forwards the request and the comments of the Coast Guard and other interested agencies to the President for determination.
(f) Upon approval by the President for request under paragraph (a)(3) of this section or by the Coast Guard for all other requests, the Coast Guard issues a certification of the exemption. A certification issued under paragraph (a)(2) of this section is valid for one year from the date of issuance.
(g) If, within 30 days of receipt by the Coast Guard of a request under paragraph (a)(2) of this section, the Coast Guard does not make a determination or advise the employer that additional time for consideration is necessary, the request is considered approved for a period of 90 days from the end of the 30 day period.
(h) A request need not be submitted for persons who are not citizens of the United States or resident aliens and who:
(1) Are employed under the national registry manning requirements exception in paragraph (a)(1) of this section; or
(2) Have been classified and admitted to the United States as temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a position for which admitted.
§ 141.25 Evidence of citizenship.
(a) For the purposes of this part, the employer may accept as sufficient evidence that a person is a citizen of the United States any one of the following documents and no others:
(1) A valid merchant mariner’s document issued by the Coast Guard which shows the holder to be citizen of the United States.
(2) An original or certified copy of a birth certificate or birth registration issued by a state or the District of Columbia.
(3) A United States passport.
(4) A Certificate of Citizenship issued by the Immigration and Naturalization Service.
(5) A Certificate of Naturalization issued by a Naturalization Court.
(6) A letter from the Coast Guard issued under paragraph (d) of this section.
(b) If a person does not have one of the documents listed in paragraphs (a)(1) through (a)(6) of this section, that person may appear in person before an Officer in Charge, Marine Inspection, and submit one or more of the following documents which may be considered as evidence that the applicant is a citizen of the United States:
(1) A Certificate of Derivative Citizenship or a Certificate of Naturalization of either parent and a birth certificate of the applicant or other evidence satisfactorily establishing that the applicant was under 21 years of age at the time of the parent’s naturalization.
(2) An original or certified copy of a birth certificate from a political jurisdiction outside the United States which demonstrates citizenship status.
(3) A Baptismal certificate or parish record recorded within one year after birth.
(4) A statement of a practicing physician certifying that the physician attended the birth and has a record showing the date on which the birth occurred.
(5) A commission, or evidence of commission, in the Armed Forces of the United States which shows the holder to be a citizen of the United States.
(6) A continuous discharge book or certificate of identification issued by the Coast Guard or the former Bureau of Marine Inspection, provided the document shows that the applicant produced satisfactory evidence of citizenship at the time the document was issued.
(7) A delayed certificate of birth issued under a state seal, provided there are no collateral facts indicating fraud in its procurement.
(8) A report of the Census Bureau showing the earliest available record of the applicant’s age or birth.
(9) Affidavits of parents, relatives, or two or more responsible citizens of the United States, school records; immigration records; insurance policies; or other records which support the citizenship claim.
(c) In any case where doubt exists concerning evidence of citizenship submitted under paragraph (b) of this section, the Officer in Charge, Marine Inspection, may refer the matter to the United States Immigration and Naturalization Service for an advisory opinion.
(d) If the documents submitted under paragraph (b) of this section are determined by the Officer in Charge, Marine Inspection, to be sufficient evidence that the applicant is a citizen of the United States, the Coast Guard issues the applicant a letter acknowledging this determination.
§ 141.30 Evidence of status as a resident alien.
For the purposes of this part, the employer may accept as sufficient evidence that a person is a resident alien any one of the following documents and no others:
(a) A valid merchant mariner’s document issued by the Coast Guard.
(b) An alien registration receipt card issued by the Immigration and Customs Enforcement Agency certifying that the card holder has been admitted to the United States as an immigrant.
(c) A declaration of intention to become a citizen of the United States issued by a Naturalization Court.
§ 141.35 Records to be kept by the employer.
(a) The employer of personnel subject to this subpart shall maintain, and make available to the Coast Guard upon request, a record identifying which of the documents listed in §§ 141.25 and 141.30 were relied upon for each employee. The record must consist of either a copy of the document or the following information on the document:
(1) For a merchant mariner’s document or a United States passport, the document’s title and identification number.
(2) For a birth certificate or birth registration, the document’s title and the employee’s date and place of birth.
(3) For all other documents listed in §§ 141.25 and 141.30, the document’s title and date and place of issuance.
(b) The employer of personnel subject to this subpart shall maintain a written list of the positions that make up the regular complement of the unit and the name and nationality of the individual filling each employee position. This list may be in summary form and any simple format.
PART 142—WORKPLACE SAFETY AND HEALTH
Subpart A—General
§ 142.1 Purpose.
This part is intended to promote workplace safety and health by establishing requirements relating to personnel, workplace activities and conditions, and equipment on the Outer Continental Shelf (OCS).
§ 142.4 Duties of lessees, permittees, and persons responsible for actual operations.
(a) Each holder of a lease or permit under the Act shall ensure that all places of employment within the lease area or within the area covered by the permit on the OCS are maintained in compliance with workplace safety and health regulations of this part and, in addition, free from recognized hazards.
(b) Persons responsible for actual operations, including owners, operators, contractors, and subcontractors, shall ensure that those operations subject to their control are conducted in compliance with workplace safety and health regulations of this part and, in addition, free from recognized hazards.
(c) “Recognized hazards”, in paragraphs (a) and (b) of this section, means conditions which are—
(1) Generally known among persons in the affected industry as causing or likely to cause death or serious physical harm to persons exposed to those conditions; and
(2) Routinely controlled in the affected industry.
§ 142.7 Reports of unsafe working conditions.
(a) Any person may report a possible violation of any regulation in this subchapter or any other hazardous or unsafe working condition on any unit engaged in OCS activities to an Officer in Charge, Marine Inspection.
(b) After reviewing the report and conducting any necessary investigation, the Officer in Charge, Marine Inspection, notifies the owner or operator of any deficiency or hazard and initiates enforcement measures as the circumstances warrant.
(c) The identity of any person making a report under paragraph (a) of this section is not made available, without the permission of the reporting person, to anyone other than those officers and employees of the Department of Transportation who have a need for the record in the performance of their official duties.
Subpart B—Personal Protective Equipment
§ 142.21 Purpose and applicability.
This subpart prescribes requirements concerning personal protection on OCS facilities.
§ 142.24 Use of equipment.
(a) Each holder of a lease or permit issued under the Act shall ensure that all personnel who are required by this subpart to use or wear personal protective equipment do so when within the lease area or the area covered by the permit.
(b) Persons responsible for actual operations shall ensure that all personnel engaged in the operation properly use or wear the personal protective equipment specified by this subpart.
§ 142.27 Eye and face protection.
(a) Personnel engaged in or observing welding, grinding, machining, chipping, handling hazardous materials, or acetylene burning or cutting shall wear the eye and face protector specified for the operation in Figure 8 of ANSI Z87.1.
(b) Eye and face protectors must be maintained in good condition.
(c) Each eye and face protector must be marked with the information required by ANSI Z87.1 for that type of protector.
§ 142.30 Head protection.
(a) Personnel in areas where there is a hazard of falling objects or of contact with electrical conductors shall wear a head protector meeting the specifications of ANSI Z89.1, for the hazard involved.
(b) Each head protector must be marked with the information specified by ANSI Z89.1 for that type of protector and for the hazard involved.
§ 142.33 Foot protection.
(a) Personnel working in areas or engaged in activities where there is a reasonable probability for foot injury to occur shall wear footwear meeting the specifications of ANSI Z41, except when environmental conditions exist that present a hazard greater than that against which the footwear is designed to protect.
(b) Each pair of footwear must be marked with the information specified by ANSI Z41 for the type of footwear.
§ 142.36 Protective clothing.
Personnel in areas where there are flying particles, molten metal, radiant energy, heavy dust, or hazardous materials shall wear clothing and gloves providing protection against the hazard involved.
§ 142.39 Respiratory protection.
(a) Personnel in an atmosphere specified under ANSI Z88.2, requiring the use of respiratory protection equipment shall wear the type of respiratory protection equipment specified in ANSI Z88.2 for that atmosphere.
(b) Before personnel enter an atmosphere specified under ANSI Z88.2 requiring the use of respiratory protection equipment, the persons listed in § 142.4 shall ensure that the personnel entering the atmosphere—
(1) Follow the procedures stated in section 6 of ANSI Z88.2 concerning the proper selection of a respirator and individual fit testing; and
(2) Are trained in the matters set forth in section 7 of ANSI Z88.2 concerning proper use of the equipment to be used and in the generally recognized short and long term harmful effects of exposure to the atmosphere involved.
(c) All respiratory protection equipment must be approved, used, and maintained in accordance with ANSI Z88.2.
§ 142.42 Safety belts and lifelines.
(a) Except when moving from one location to another, personnel engaged in an activity where there is a hazard of falling 10 or more feet shall wear a safety belt or harness secured by a lanyard to a lifeline, drop line, or fixed anchorage.
(b) Each safety belt, harness, lanyard, lifeline, and drop line must meet the specifications of ANSI A10.14.
§ 142.45 Personal flotation devices.
Personnel, when working in a location such that, in the event of a fall, they would likely fall into water, shall wear a work vest that meets the requirements of 33 CFR 146.20 or a life preserver that meets the requirements of 46 CFR 160.002, 160.005, or 160.055, except when using the safety belts and lifelines required by § 142.42.
§ 142.48 Eyewash equipment.
Portable or fixed eyewash equipment providing emergency relief must be immediately available near the drill floor, mudrooms, and other areas where there is a reasonable probability that eye injury may occur.
Subpart C—General Workplace Conditions
§ 142.81 Purpose and applicability.
This subpart prescribes requirements relating to general working conditions on OCS facilities.
§ 142.84 Housekeeping.
All staging, platforms, and other working surfaces and all ramps, stairways, and other walkways must be kept clear of portable tools, materials, and equipment not in use and be promptly cleared of substances which create a tripping or slipping hazard. When engaged in an activity on the drill floor in which the spillage of drilling fluid is inevitable, such as when pulling wet strings of drill pipe, footwear and flooring designed to reduce slipping substantially may be used instead of keeping the drill floor free of drilling fluid during the activity.
§ 142.87 Guarding of deck openings.
Openings in decks accessible to personnel must be covered, guarded, or otherwise made inaccessible when not in use. The manner of blockage shall prevent a person’s foot or body from inadvertently passing through the opening.
§ 142.90 Lockout and tagout.
(a) While repair or other work is being performed on equipment powered by an external source, that equipment must be locked out as required in paragraph (b) of this section or, if a lockout provision does not exist on the equipment, must be disconnected from the power source or otherwise deactivated, unless the nature of the work being performed necessitates that the power be connected or the equipment activated.
(b) If the equipment has a lockout or other device designed to prevent unintentional activation of the equipment, the lockout or other device must be engaged while the work is being performed on the equipment, unless the nature of the work being performed necessitates that the equipment be activated.
(c) A tag must be placed at the point where the equipment connects to a power source and at the location of the control panel activating the power, warning—
(1) That equipment is being worked on; and
(2) If the power source is disconnected or the equipment deactivated, that the power source must not be connected or the equipment activated.
(d) The tags must not be removed without the permission of either the person who placed the tags, that person’s immediate supervisor, or their respective reliefs.
PART 143—DESIGN AND EQUIPMENT
Subpart A—General
§ 143.1 Purpose.
This part prescribes design and equipment requirements for units engaged in OCS activities.
§ 143.15 Lights and warning devices.
(a) OCS facilities must meet the lights and warning devices requirements under part 67 of this chapter concerning aids to navigation on artificial islands and fixed structures.
(b) Vessels, including attending vessels but excluding MODUs under paragraph (a) of this section, must meet the lights and warning devices requirements under the International Regulations for Preventing Collisions at Sea 1972 or under local rules provided for in Rule 1 of those Regulations.
Subpart B—OCS Facilities
§ 143.100 Applicability.
This subpart applies to OCS facilities except mobile offshore drilling units.
§ 143.101 Means of escape.
(a) “Primary means of escape” shall be fixed stairways or fixed ladders of metal construction.
(b) “Secondary means of escape” shall be types approved for “primary means of escape” or portable, flexible ladders, knotted man ropes, and other devices satisfactory to the Officer in Charge, Marine Inspection.
(c) Manned OCS facilities shall be provided with at least two “primary means of escape” extending from the uppermost platform level that contains living quarters or that personnel occupy continuously, to each successively lower working level and to the water surface. Working levels without living quarters, shops, or offices in manned facility structural appendages, extensions, and installations that personnel occupy only occasionally shall be provided with one “primary means of escape” and, when necessary in the opinion of the Officer in Charge, Marine Inspection, one or more “secondary means of escape.”
(d) Unmanned OCS facilities shall be provided with at least one “primary means of escape” extending from the uppermost platform working level to each successively lower working level and to the water surface. When personnel are on board, unmanned facilities shall also be provided with one or more “secondary means of escape,” but not more than one will be required for every 10 persons extending from the uppermost working level of the facility to each successively lower working level and to the water surface, excluding facility appendages and installations, unless “secondary means of escape” from such appendages and installations are necessary in the opinion of the Officer in Charge, Marine Inspection.
(e) “Means of escape” shall be suitably accessible to personnel for rapid facility evacuation.
(f) When two or more “means of escape” are installed, at least two shall be located as nearly diagonally opposite each other as practicable unless such requirement is unreasonable or impracticable in the opinion of the Officer in Charge, Marine Inspection.
§ 143.105 Personnel landings.
(a) Sufficient personnel landings shall be provided on each manned OCS facility to assure safe access and egress. When due to special construction personnel landings are not feasible, then suitable transfer facilities to provide safe access and egress shall be installed.
(b) The personnel landings shall be provided with satisfactory illumination. The minimum shall be one-foot candle of artificial illumination as measured at the landing floor and guards and rails.
§ 143.110 Guards and rails.
(a) Except for helicopter landing decks which are provided for in paragraph (b) of this section, and areas not normally occupied, the unprotected perimeter of all floor or deck areas and openings shall be rimmed with guards and rails or wire mesh fence. The guard rail or fence shall be at least 42 inches high. The two intermediate rails shall be so placed that the rails are approximately evenly spaced between the guard rail and the floor or deck area: Provided, That if a toe board is installed then one of the intermediate rails may be omitted and the other rail placed approximately half way between the top of the toe board and the top guard rail.
(b) The unprotected perimeter of the helicopter landing deck shall be protected with a device of sufficient strength and size as to prevent any person from falling from such deck.
(c) Each catwalk and each stairway shall be provided with a suitable guard rail or rails, as necessary.
§ 143.120 Floating OCS facilities.
(a) Before construction is started on a proposed floating OCS facility, the owner or operator of the facility must submit to the Coast Guard for approval all plans and information listed in subpart C of 46 CFR part 107 which relate to the facility. All plans and information must be submitted according to the procedures in that subpart.
(b) The facility must comply with the requirements of subchapters F (Marine Engineering) and J (Electrical Engineering) of 46 CFR chapter I and 46 CFR part 108 (Design and Equipment). Where unusual design or equipment needs make compliance impracticable, alternative proposals that provide an equivalent level of safety may be accepted. These requirements do not apply to production systems on the facility.
(c) The Officer in Charge, Marine Inspection, determines whether a floating OCS facility meets the requirements of paragraph (b) of this section and issues a certificate of inspection for each facility which meets these requirements. Inspection of the facility may be required as part of this determination.
(d) Each floating OCS facility that is constructed after April 2, 2018 must comply with the requirements of 46 CFR subpart 111.108 prior to engaging in OCS activities.
Subpart C—Mobile Offshore Drilling Units
§ 143.200 Applicability.
This subpart applies to mobile offshore drilling units when engaged in OCS activities.
§ 143.201 Existing MODUs exempted from new design requirements.
Any mobile offshore drilling unit built before, under construction on, or contracted for prior to April 5, 1982 is not required to meet the design requirements of this subpart until the unit is rebuilt. Until rebuilt, the unit must continue to comply with the design requirements applicable to the unit on April 4, 1982.
§ 143.205 Requirements for U.S. and undocumented MODUs.
Each mobile offshore drilling unit that is documented under the laws of the United States or not documented under the laws of any nation must comply with the design, equipment, and inspection requirements of 46 CFR parts 107 and 108 in order to engage in OCS activities.
§ 143.207 Requirements for foreign MODUs.
Each mobile offshore drilling unit that is documented under the laws of a foreign nation must, when engaged in OCS activities, comply with one of the following:
(a) The design and equipment standards of 46 CFR part 108.
(b) The design and equipment standards of the documenting nation if the standards provide a level of safety generally equivalent to or greater than that provided under 46 CFR part 108.
(c) The design and equipment standards for mobile offshore drilling units contained in the International Maritime Organization (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) (IMO) Code for Construction and Equipment of Mobile Offshore Drilling Units (IMO Assembly Resolution A.414(XI)) which has been incorporated by reference.
§ 143.208 Hazardous location requirements on foreign MODUs.
Each mobile offshore drilling unit that is documented under the laws of a foreign nation and is constructed after April 2, 2018 must comply with the requirements of 46 CFR subpart 111.108 prior to engaging in OCS activities.
§ 143.210 Letter of compliance.
(a) The Officer in Charge, Marine Inspection, determines whether a mobile offshore drilling unit which does not hold a valid Coast Guard Certificate of Inspection meets the requirements of § 143.205 or § 143.207 relating to design and equipment standards and issues a letter of compliance for each unit which meets the requirements. Inspection of the unit may be required as part of this determination.
(b) A letter of compliance issued under paragraph (a) of this section is valid for one year or until the MODU departs the OCS for foreign operations, whichever comes first.
(c) The owner or operator of a foreign mobile offshore drilling unit requiring a letter of compliance examination must pay the fee prescribed in 46 CFR 2.10-130.
Subpart D—Vessels
§ 143.300 Applicability.
This subpart applies to all vessels engaged in OCS activities except mobile offshore drilling units.
§ 143.301 Load line requirements.
(a) Vessels, including foreign vessels, which would be subject to the requirements of subchapter E of 46 CFR chapter I concerning load lines when arriving at or proceeding to sea from any port or place within the United States must comply with those requirements when engaged in activities on the OCS.
(b) Load line certificates and load line exemption certificates issued or accepted under subchapter E of 46 CFR chapter I are accepted as evidence of compliance with paragraph (a) of this section.
§ 143.302 Hazardous location requirements on foreign vessels engaged in OCS activities.
Each vessel that is documented under the laws of a foreign nation and is constructed after April 2, 2018 must comply with the requirements of 46 CFR subpart 111.108 prior to engaging in OCS activities.
Subpart E—Standby Vessels
§ 143.400 Applicability.
This subpart applies only to standby vessels meeting the requirements of this subpart and specifically designated in an Emergency Evacuation Plan (EEP) required by § 146.140 or § 146.210 of this chapter to provide rapid evacuation assistance in the event of an emergency.
§ 143.401 Vessel certification and operation.
Standby vessels must meet the following:
(a) Have a valid certificate of inspection issued in compliance with Subchapters H, I, or T of 46 CFR Chapter I.
(b) Be capable of carrying and providing shelter for 100 per cent of the number of persons on the most populated facility that the standby vessel is designated to assist. Crew spaces may be used to meet the requirements of this section.
(c) Provide bunks or aircraft type reclining seats for 10 per cent of the number of persons on the most populated facility that the standby vessel is designated to assist. Crew spaces may be used to meet the requirements of this section.
(d) Not carry or store goods, supplies, and equipment on the deck of the standby vessel or in other locations that may hinder the vessel’s ability to render assistance to the facility that the vessel is designated to assist.
(e) Not carry or store any hazardous material.
§ 143.405 Equipment.
(a) Standby vessels must have, at least, the following equipment:
(1) Multiple propellers or propulsion devices.
(2) Two searchlights.
(3) For vessels certificated under Subchapter H of 46 CFR Chapter I, a line throwing appliance that meets the requirements in 46 CFR 75.45.
(4) For vessels certificated under subchapters I or T of 46 CFR chapter I, a line throwing appliance that meets the requirements of 46 CFR 94.45.
(5) A Stokes or comparable litter.
(6) One blanket for each person on the most populated facility that the standby vessel is designated to assist.
(7) Means for safely retrieving persons, including injured or helpless persons, from the water. The means of retrieval must be demonstrated to the satisfaction of the Officer in Charge, Marine Inspection.
(8) A scramble net that can be rigged on either side of the standby vessel.
(9) A minimum of four Coast Guard approved ring life buoys, each equipped with 15 fathoms of line.
(10) An immersion suit approved by the Coast Guard under 46 CFR 160.171, or a buoyant suit meeting Supplement A of ANSI/UL-1123-1987 and approved under 46 CFR 160.053, for each member of the standby vessel’s crew when the standby vessel operates north of 32 degrees north latitude in the Atlantic Ocean or north of 35 degrees north latitude in all other waters.
(11) Two boat hooks.
(12) A fire monitor with a minimum flow rate of, at least, 500 gallons per minute.
(13) One two-way radio capable of voice communications with the OCS facility, helicopters or other rescue aircraft, rescue boats, and shore side support personnel.
(14) Floodlights to illuminate the personnel and boat retrieval area, the scramble net when deployed, and the water around the personnel retrieval and scramble net deployment areas.
(15) A copy of “The Ship’s Medicine Chest and Medical Aid at Sea”, DHHS Publication No. (PHS) 84-2024, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
(16) An industrial first aid kit sized for 50 percent of the number of persons on the most populated facility that the standby vessel is designated to assist.
(17) Coast Guard approved life preservers for 50 percent of the number of persons on the most populated facility that the standby vessel is designated to assist.
(b) Equipment required by paragraph (a) of this section must be to the satisfaction of the Officer in Charge, Marine Inspection.
§ 143.407 Manning.
Standby vessels must be crewed in accordance with their certificate of inspection for 24 hour operation. The Officer in Charge, Marine Inspection, may require the crew to be augmented, as necessary, to provide for maneuvering the standby vessel, for lookouts, for rigging and operating retrieval equipment, and for caring for survivors.
PART 144—LIFESAVING APPLIANCES
Subpart 144.01—Manned Platforms
§ 144.01-1 Life floats.
Each manned platform shall be provided with at least two approved life floats. The life floats shall have sufficient capacity to accommodate all persons present at any one time.
§ 144.01-5 Location and launching of life floats.
The life floats shall be distributed in accessible locations and mounted on the outboard sides of the working platform in such a manner as to be readily launched.
§ 144.01-10 Equipment for life floats.
(a) Each lifefloat shall be provided with a painter. This painter shall be a manila rope not less than 2
(b) Each life float must have a water light of an approved automatic electric type constructed in accordance with 46 CFR Subpart 161.010, except a water light constructed in accordance with former 46 CFR Subpart 161.001 that was installed before January 1, 1972, may be retained in an existing installation as long as it is maintained in good condition. The water light must be attached to the life float by a 12-thread manila or equivalent synthetic lanyard not less than 2 meters (6 feet) nor more than 4 meters (12 feet) in length. The water light must be mounted on a bracket so that when the life float is launched, the water light will pull free of the bracket.
(c) Two paddles shall be provided for each life float. The paddles shall not be less than five feet nor more than six feet long. The paddles shall be stowed in such a way that they will be readily accessible from either side of the life float when in the water.
§ 144.01-15 Alternates for life floats.
(a) Approved lifeboats, approved life rafts or approved inflatable life rafts may be used in lieu of approved life floats for either all or part of the capacity required. When either lifeboats or life rafts are used approved means of launching will be required. Inflatable life rafts, when used, shall be distributed and mounted as required for life floats under § 144.01-5.
(b) The equipment required for a lifeboat is a bailer, boat hook, bucket, hatchet, lantern, life line, two life preservers, matches, full complement of oars and steering oar, painter, plug, and rowlocks, of the same type, kind, and character as required for lifeboats carried on vessels engaged in navigating bays, sounds, and lakes other than the Great Lakes, and rivers.
(c) The equipment required for a life raft is a boat hook, life line (if not a Type A life raft), full complement of oars and steering oar, painter, and rowlocks of the same type, kind, and character as required for life rafts carried on cargo and miscellaneous vessels navigating on bays, sounds, and lakes other than the Great Lakes.
(d) Inflatable liferafts shall be approved by the Coast Guard under approval series 160.151. An approved “Limited Service” or “Ocean Service” liferaft installed on board a platform before May 9, 1997, may continue to be used to meet the requirements of this section provided it is maintained in good and serviceable condition.
§ 144.01-20 Life preservers.
(a) An approved life preserver shall be provided for each person on a manned platform. The life preservers shall be located in easily accessible places.
(b) All kapok and fibrous glass life preservers which do not have plastic-covered pad inserts shall be removed from service.
(c) Each life preserver carried on a manned platform must have a personal flotation device light that is approved under Subpart 161.012 of 46 CFR Part 161. Each light must be securely attached to the front shoulder area of the life preserver.
(d) Each life preserver carried on a manned platform must have at least 200 sq. cm (31 sq. in.) of retroreflective material attached on its front side, at least 200 sq. cm on its back side, and at leat 200 sq. cm of material on each of its reversible sides. The material must be Type I material that is approved under 46 CFR 164.018. The material attached on each side of a life preserver must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the life preserver.
§ 144.01-25 Ring life buoys.
(a) Each manned platform must have at least four approved ring life buoys constructed in accordance with 46 CFR Subpart 160.050; except ring life buoys approved under former 46 CFR Subpart 160.009 may be used as long as they are in good and serviceable condition. One ring life buoy must be placed on a suitable rack on each side of a manned platform in an accessible place. The ring life buoy must always be capable of being cast loose and may not be permanently secured in any way.
(b) Each ring life buoy must have a water light of an approved automatic electric type constructed in accordance with 46 CFR Subpart 161.010. A water light constructed in accordance with former 46 CFR Subpart 161.001 that was installed before January 1, 1972 may be retained in an existing installation as long as it is maintained in good condition. The water light must be attached to the ring life buoy by a 12-thread manila or equivalent synthetic lanyard not less than 1 meter (3 feet) nor more than 2 meters (6 feet) in length. The water light must be mounted on a bracket near the ring life buoy so that when the ring life buoy is cast loose, the water light will pull free of the bracket.
§ 144.01-30 First-aid kit.
On each manned platform a first-aid kit approved by the Commandant or the U.S. Bureau of Mines shall be provided and kept in the custody of the person in charge.
§ 144.01-35 Litter.
On each manned platform a Stokes litter, or other suitable safety litter capable of being safely hoisted with an injured person, shall be provided and kept in an accessible place.
§ 144.01-40 Emergency communications equipment.
On manned platforms means of communication by radio and/or wire telephone shall be provided for contacting the shore or vessels in the vicinity for aid in the event of an emergency.
Subpart 144.10—Unmanned Platforms
§ 144.10-1 Lifesaving equipment.
(a) Except as allowed in paragraph (b) of this section, no person may be on an unmanned platform unless the following lifesaving equipment is readily accessible on the platform:
(1) A life preserver or a Type I—Personal flotation device, listed in Table 1, for each person.
Table 1—Life Preservers and Equivalent Performance Flotation Devices
| Devices marked | Equivalent to performance type marked |
|---|---|
| 160.002 Life preserver | Type I—Personal flotation device. |
| 160.003 Life preserver | Type I—Personal flotation device. |
| 160.004 Life preserver | Type I—Personal flotation device. |
| 160.005 Life preserver | Type I—Personal flotation device. |
| 160.055 Life preserver | Type I—Personal flotation device. |
(2) An approved ring life buoy (Type IV PFD) for every two persons, but no more than four devices are required. Each ring life buoy must be of a type constructed in accordance with 46 CFR subpart 160.050; except a ring life buoy that was approved under former 46 CFR subpart 160.009 may be used as long as it is in good and serviceable condition.
(3) Each ring life buoy under paragraph (a)(2) of this section must have an approved automatic electric water light that is attached as described in § 144.01-25(b).
(b) The ring life buoys required in paragraph (a)(2) of this section may be kept on a manned vessel that remains alongside the platform if there is no available space to keep them on the platform.
§ 144.10-10 Other lifesaving equipment.
Any lifesaving equipment on an unmanned platform that is not required in § 144.10-1 must meet the standards contained in Subpart 144.01 of this part.
Subpart 144.20—Requirements for U.S. and Undocumented MODU’s
§ 144.20-1 Applicability.
This subpart applies to each MODU operating on the OCS that is not inspected under 46 CFR subchapter I-A.
§ 144.20-5 Exposure suits.
This section applies to each MODU except those operating south of 32 degrees North latitude in the Atlantic Ocean or south of 35 degrees North latitude in all other waters.
(a) Each MODU must carry an exposure suit for each person on board. The exposure suit must be stowed in a readily accessible location in or near the berthing area of the person for whom the exposure suit is provided.
(b) In addition to the exposure suits required by paragraph (a) of this section, each watch station and work station must have enough exposure suits to equal the number of persons normally on watch in, or assigned to, the station at one time. However, an exposure suit need not be provided at a watch or work station for a person whose cabin, stateroom, or berthing area (and the exposure suits stowed in that location) is readily accessible to the station.
(c) Each exposure suit on a MODU must be of a type approved under 46 CFR 160.171.
(d) Each exposure suit must have a personal flotation device light that is approved under 46 CFR 161.012. Each light must be securely attached to the front shoulder area of the exposure suit.
(e) Each exposure suit on a MODU must be provided with a whistle of the ball type or multi-tone type, of corrosion resistant construction, and in good working order. The whistle must be attached to the exposure suit by a lanyard without hooks, snaps, clips, etc., that is long enough to permit the whistle to reach the mouth of the wearer. If the lanyard allows the whistle to hang below the waist of the wearer, the whistle must be stowed in a pocket on the exposure suit, or with the lanyard coiled and stopped off.
(f) No stowage container for exposure suits may be capable of being locked.
Subpart 144.30—Requirements for Foreign MODU’s
§ 144.30-1 Applicability.
This subpart applies to each MODU engaged in OCS activities that is documented under the laws of a foreign nation.
§ 144.30-5 Exposure suits.
Each foreign MODU must meet the requirements of § 144.20-5 of this chapter, except as follows:
(a) Exposure suits (immersion suits, survival suits, etc.) approved by the nation under which the MODU is documented may be used in lieu of suits approved under 46 CFR 160.071, provided that they are accepted by the Commandant as providing equivalent thermal protection to the wearer. (Requests for acceptance of such suits should be sent to Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, along with technical data supporting the thermal performance of the suits.)
(b) Personal flotation device lights approved by the nation under which the MODU is documented may be used in lieu of lights approved under 46 CFR 161.012.
PART 145—FIRE-FIGHTING EQUIPMENT
§ 145.01 Portable and semi-portable fire extinguishers.
(a) On all manned platforms and on all unmanned platforms where crews are continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers must be installed and maintained. On all unmanned platforms where crews are not continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers are required to be installed and maintained only when crews are working on them.
(b) Portable and semi-portable fire extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 140.7 of this chapter) as amended here:
(1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers.
(2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew.
(3) Non-rechargeable or non-refillable fire extinguishers must be inspected and maintained in accordance with NFPA 10. However, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew.
(4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted.
§ 145.05 [Reserved]
§ 145.10 Location, number, and installation of fire extinguishers.
(a) Approved portable and semi-portable extinguishers must be installed in accordance with Table 145.10(a).
(b) Semi-portable extinguishers must be located in the open so as to be readily seen.
(c) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so all of the space can be protected.
(d) Table 145.10(a) of this section indicates the minimum number and size of fire extinguishers required for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.
Table 145.10(
| Space | Minimum required rating | Quantity and location |
|---|---|---|
| Communicating corridors | 2-A | 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) |
| Radio room | 20-B:C | 1 in the vicinity of the exit. |
| Sleeping accommodations | 2-A | 1 in each sleeping accommodation space outfitted for 4 or more persons. |
| Galleys | 40-B:C | 1 for each 2,500 sq ft of floor space or fraction thereof. |
| Storerooms | 2-A | 1 for each 2,500 sq ft of floor space or fraction thereof. The extinguisher must be located in the vicinity of the exits, either inside or outside of spaces. |
| Gas-fired boilers | 40-B | 2 required. |
| 160-B | 1 required. 1 | |
| Oil-fired boilers | 40-B | 2 required. |
| 160-B | 2 required. 1 | |
| Internal combustion or gas turbine engines | 40-B | 1 for each engine. 2 |
| Electric motors or generators of open type | 40-B:C | 1 for each 2 motors or generators. 3 |
1 Not required where a fixed extinguishing system is installed.
2 When the installation is on the weather deck or open to the atmosphere at all times, then one 40-B extinguisher for every three engines is allowable.
3 Small electrical appliances, such as fans, are exempt.
§ 145.15 Location and number of fire extinguishers required for vessels contracted for prior to August 22, 2016.
(a) Vessels contracted for prior to August 22, 2016 must meet the following requirements:
(1) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 145.10(a) of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
(2) All new equipment and installations must meet the applicable requirements in this part for new vessels.
(b) [Reserved]
PART 146—OPERATIONS
Subpart A—OCS Facilities
§ 146.1 Applicability.
The provisions of this subpart apply to OCS facilities except mobile offshore drilling units.
§ 146.5 Person in charge.
(a) The owner or operator, or the agent of either of them, shall designate by title and in order of succession the persons on each OCS facility who shall be the “person in charge.”
(b) In case an emergency arises, nothing in the regulations in this subchapter shall be so construed as preventing the person in charge from pursuing the most effective action in that person’s judgement for rectifying the conditions causing the emergency.
§ 146.10 Notice of new facilities.
(a) The owner or operator of each OCS facility not in operation before April 5, 1982 shall, at least 30 days before the date on-site construction of the facility is expected to commence, notify the District Commander for the area in which the facility will be located of:
(1) The position in which the facility will be operated;
(2) The designation assigned to the facility for identification under 30 CFR 250.37;
(3) The date when operation of the facility is expected to commence; and
(4) The date when the facility is expected to be available for inspection by the Coast Guard.
(b) The information required in paragraph (a) of this section may be submitted together with a need not repeat information submitted in connection with the application and notice requirements in 33 CFR part 67 for aids to navigation on the Outer Continental Shelf.
§ 146.15 Maintenance of emergency equipment.
(a) The emergency equipment provided, regardless of whether or not required by this subchapter, shall be maintained in good condition at all times. Good operating practices require replacement of expended equipment, as well as periodic renewal of those items which have a limited period of effectiveness.
(b) Each personal flotation device light that has a non-replaceable power source must be replaced on or before the expiration date of the power source.
(c) Each replaceable power source for a personal flotation device light must be replaced on or before its expiration date and the light must be replaced when it is no longer serviceable.
§ 146.20 Work vests.
(a) Types of approved work vests. Each buoyant work vest carried under the permissive authority of this section must be approved under—
(1) 46 CFR 160.053; or
(2) 46 CFR 160.077 as a commercial hybrid PFD.
(b) Use. Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard OCS facilities to be worn by persons employed thereon when working near or over the water. The use and control of such vests shall be under the supervision of the person in charge of the facility. When carried, such vests shall not be accepted in lieu of any portion of the required number of approved life preservers and shall not be substituted for the approved life preservers required to be worn during drills and emergencies.
(c) Stowage. The work vests shall be stowed separately from the regular stowage of approved life preservers. The location for the stowage of work vests shall be such as not to be easily confused with that for approved life preservers.
(d) Inspections. Each work vest shall be subject to examination by a marine inspector to determine its serviceability. If found to be satisfactory, it may be continued in service, but shall not be stamped by a marine inspector with a Coast Guard stamp. If a work vest is found not to be in a serviceable condition, then such work vest shall be removed from the OCS facility. If a work vest is beyond repair, it shall be destroyed or mutilated in the presence of a marine inspector so as to prevent its continued use as a work vest.
(e) Additional requirements for hybrid work vests. Commercial hybrid PFD’s must, in addition to the other requirements in this section, be—
(1) Used, stowed, and maintained in accordance with—
(i) The procedures set out in the manual required for these devices by 46 CFR 160.077-29; and
(ii) Any limitation(s) marked on them; and
(2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board.
§ 146.30 Notice of casualties.
(a) The owner, operator, and person in charge of an OCS facility shall ensure that the Coast Guard is notified as soon as possible after a casualty occurs, and by the most rapid means available, of each casualty involving the facility which results in:
(1) Death; or
(2) Injury to 5 or more persons in a single incident.
(b) The owner, operator, and person in charge shall ensure that the Coast Guard is notified promptly of each casualty involving the facility which results in:
(1) Damage affecting the usefulness of primary lifesaving or firefighting equipment;
(2) Injury causing any person to be incapacitated for more than 72 hours;
(3) Damage to the facility exceeding $25,000 resulting from a collision by a vessel with the facility; or
(4) Damage to a floating OCS facility exceeding $25,000.
(c) The notice required by paragraphs (a) and (b) of this section must identify the person giving the notice and the facility involved and describe, insofar as practicable, the nature of the casualty and the extent of injury to personnel and damage to property.
(d) Damage costs referred to in paragraphs (b)(3) and (b)(4) of this section include the cost of labor and material to restore the facility to the service condition which existed prior to the casualty, but does not include the cost of salvage, cleaning, gas freeing, drydocking or demurrage of the facility.
§ 146.35 Written report of casualty.
(a) In addition to the notice of a casualty required by § 146.30, the owner, operator, or person in charge shall, within 10 days of the casualty, submit to the Officer in Charge, Marine Inspection, a written report which:
(1) Identifies the facility involved, its owner, operator, and person in charge;
(2) Describes the casualty, including the date and time;
(3) Describes the nature and extent of injury to personnel and damage to property;
(4) Describes the factors which may have contributed to causing the casualty;
(5) Gives the name, address, and phone number of persons involved in or witnessing the casualty; and
(6) Gives any desired comments, especially with respect to use of or need for emergency equipment.
(7) Includes information relating to alcohol or drug involvement as specified in the vessel casualty reporting requirements of 46 CFR 4.05-12.
(b) The written report required by paragraph (a) of this section may be—
(1) In narrative form if all appropriate parts of Form CG-2692 are addressed;
(2) On Form CG-2692 for casualties resulting in property damage, personnel injury, or loss of life.
(c) If filed or postmarked within 5 days of the casualty, the written report required by paragraph (a) of this section serves as the notice required by § 146.30(b).
§ 146.40 Diving casualties.
Diving related casualties are reported in accordance with 46 CFR 197.484 and 197.486.
§ 146.45 Pollution incidents.
Oil pollution incidents involving an OCS facility are reported in accordance with §§ 135.305 and 135.307 of this chapter. Additional provisions concerning liability and compensation because of oil pollution are contained in Subchapter M of this chapter.
Subpart B—Manned OCS Facilities
§ 146.101 Applicability.
The provisions of this subpart apply only to manned OCS facilities except mobile offshore drilling units.
§ 146.102 Definitions.
For the purpose of this subpart:
Arrives on the OCS means when a floating facility enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act.
OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS.
U.S., as used in the term, “U.S. floating facility,” means a “floating facility,” that is registered, documented, or certificated under the laws of the United States or that is not registered, documented, or certificated under the laws of the United States or any other nation.
§ 146.103 Safety and Security notice of arrival for U.S. floating facilities.
(a) General. At least 96 hours before a U.S. floating facility arrives on the OCS from a foreign port or place or from a different OCS block area, excluding those U.S. floating facilities arriving directly from a U.S. port or place, to engage in OCS activities, the owner or operator of the floating facility, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC):
(1) The location, latitude and longitude, of the floating facility at the time the notice of arrival (NOA) is reported;
(2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of the floating facility plans to perform OCS activities;
(3) The floating facility’s name, if any;
(4) The date when OCS operations of the floating facility are expected to begin and end;
(5) Names of the last two ports or places visited and the associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of identification and number);
(v) Position or duties on the floating facility; and
(vi) Name of the port, or place, and country where the individual embarked.
(b) Methods of submission. The notice must be submitted to the NVMC by electronic Notice of Arrival and Departure format using methods specified in the NVMC’s Web site at http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of a U.S. floating facility must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise or re-submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the floating facility from the location at the time the NOA was reported; or
(3) Changes to personnel positions or duties on the floating facility.
(d) Required reporting time of an initial NOA. The owner or operator of a U.S. floating facility subject to this section must submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners or operators of a floating facility must submit an initial NOA at least 96 hours before the U.S. floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the voyage time is less than 96 hours, owners and operators of a floating facility must submit an initial NOA at least 24 hours before the U.S. floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. The owner or operator of each floating facility subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by 24 hours or more from the current estimated time of arrival, the owner or operator of the floating facility must provide an updated NOA as soon as practicable but at least 24 hours before the U.S. floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the most recently submitted NOA, or NOA update, differs by less than 24 hours from the current estimated time of arrival, the owner or operator of the floating facility must provide an update as soon as practicable but at least 12 hours before the U.S. floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities.
(f) Towing vessels. When a towing vessel controls a U.S. floating facility required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the NOA information items required for the towing vessels, under § 146.405, and the U.S. floating facility under paragraph (a) of this section.
(g) This section does not apply to U.S. floating facilities merely transiting the waters superjacent to the OCS and not engaged in OCS activities.
§ 146.104 Safety and Security notice of arrival for foreign floating facilities.
(a) General. At least 96 hours before a foreign floating facility arrives on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities, the owner or operator of the floating facility, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC):
(1) The location, latitude and longitude, of the foreign floating facility at the time the NOA is reported;
(2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of the foreign floating facility plans to perform OCS activities;
(3) The foreign floating facility’s name, if any;
(4) The date when OCS operations of the foreign floating facility are expected to begin and end;
(5) Names of the last two ports or places visited and the associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of identification and number);
(v) Position or duties on the foreign floating facility; and
(vi) Name of the port, or place, and country where the individual embarked.
(7) The date of issuance of the foreign floating facility’s International Safety Management certificate (ISM), if any, and Document of Compliance certificate and the name of the flag administration, or its recognized representative, that issued those certificates; and
(8) The date of issuance of the foreign floating facility’s International Ship Security certificate (ISSC), if any, and the name of the flag administration, or the recognized security organization representing the flag administration, that issued the ISSC.
(b) Methods of submission. The notice must be submitted to the National Vessel Movement Center by electronic Notice of Arrival and Departure format using methods specified at the NVMC’s Web site at http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of the foreign floating facility must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise or re-submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the floating facility from the location at the time the NOA was reported; or
(3) Changes to personnel positions or duties on the foreign floating facility.
(d) Required reporting time of an initial NOA. The owner or operator of a foreign floating facility subject to this section must submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners or operators of a foreign floating facility must submit an initial NOA at least 96 hours before the foreign floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the voyage time is less than 96 hours, the owner or operator of a foreign floating facility must submit an initial NOA at least 24 hours before the foreign floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. The owner or operator of a foreign floating facility subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by 24 hours or more from the current estimated time of arrival, the owner or operator of the foreign floating facility must provide an updated NOA as soon as practicable but at least 24 hours before the floating facility arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the most recently submitted NOA, or NOA update, differs by less than 24 hours from the current estimated time of arrival, the owner or operator of the foreign floating facility must provide an updated NOA as soon as practicable but at least 12 hours before the floating facility arrives at the OCS location where owners or operators plan to perform OCS activities.
(f) Towing vessels. When a towing vessel controls a foreign floating facility required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the NOA information items required for towing vessels, under § 146.405, and the foreign floating facility under paragraph (a) of this section.
(g) This section does not apply to a foreign floating facility merely transiting the waters superjacent to the OCS and not engaged in OCS activities.
§ 146.105 General alarm system.
Each manned facility must have a general alarm system. When operated, this system shall be audible in all parts of the structure on which provided.
§ 146.110 Emergency signals.
(a) The owner, the owner’s agent, or the person in charge shall establish emergency signals to be used for calling the personnel to their emergency stations.
(b) The signal to man emergency stations shall be an intermittent signal on the general alarm system for not less than 10 seconds. The abandon facility signal shall be a continuous signal on the general alarm system.
§ 146.115 Duties of personnel during an emergency.
(a) The owner, the owner’s agent, or the person in charge shall assign to each person on a manned facility special duties and duty stations so that in event an emergency arises confusion will be minimized and no delay will occur with respect to the use or application of equipment required by this subchapter. The duties shall, as far as possible, be comparable with the regular work of the individual.
(b) The duties shall be assigned as necessary for the proper handling of any emergency, and shall include the following:
(1) The closing of air ports, watertight doors, scuppers, and sanitary and other discharges which lead through the facility’s hull.
(2) The stopping of fans and ventilation systems.
(3) The donning of life preserves.
(4) The preparation and launching of life floats, lifeboats, or life rafts.
§ 146.120 Manning of survival craft.
The owner, the owner’s agent, or the person in charge shall assign a person to each life float, lifeboat, life raft, or survival capsule who shall be responsible for launching it in event of an emergency.
§ 146.125 Emergency drills.
(a) Emergency drills shall be conducted at least once each month by the person in charge of the manned facility. The drill shall be conducted as if an actual emergency existed. All personnel should report to their respective stations and be prepared to perform the duties assigned to them.
(b) The person in charge and conducting the emergency drill shall instruct the personnel as necessary to insure that all persons are familiar with their duties and stations.
(c) Emergency evacuation drills. The following emergency evacuation drills must be conducted:
(1) At least once a year, all the elements of the Emergency Evacuation Plan (EEP) under § 146.140 relating to the evacuation of personnel from the facility must be exercised through a drill or a series of drills. The drill(s) must exercise all of the means and procedures listed in the EEP for each circumstance and condition described in the EEP under § 146.140(d)(9).
(2) At least once a month, a drill must be conducted that demonstrates the ability of the facility’s personnel to perform their duties and functions on the facility, as those duties and functions are described in the EEP. If a standby vessel is designated for that facility in the EEP, the vessel must be positioned as described in the EEP for an evacuation of that facility and the vessel’s crew must demonstrate its ability to perform its duties and functions under the EEP.
(d) The date and time of such drills shall be reported in writing by the person in charge at the time of the drill to the owner who shall maintain this report record for a year and furnish it upon request to the Coast Guard. After one year, such records may be destroyed. When it is impossible to conduct emergency drills as required by this section during a particular calendar month, during the following month, a written report by the owner shall be submitted to the Officer in Charge, Marine Inspection, stating why the drills could not be conducted.
§ 146.130 Station bill.
(a) The person in charge of each manned platform shall be responsible for and have prepared a station bill (muster list). This station bill must be signed by the person in charge. Copies shall be duly posted in conspicuous locations on the manned platform.
(b) The station bill shall set forth the special duties and duty stations of each member of the personnel for any emergency which involves the use or application of equipment required by this subchapter. In addition, it shall contain all other duties assigned and considered as necessary for the proper handling of other emergencies.
(c) The station bill shall contain the various signals to be used for calling the personnel to their emergency stations, and to abandon the facility.
§ 146.135 Markings for emergency equipment.
(a) Markings shall be provided as considered necessary for the guidance of persons on manned facilities.
(b) The general alarm bell switches shall be identified by red letters at least one inch high with a contrasting background: “General Alarm.”
(c) All general alarm bells shall be identified by a sign at each bell in red letters at least one inch high with a sharp contrasting background: “General Alarm—When Bell Rings Go to Your Station.
(d) All life floats, lifeboats, life rafts, and survival capsules, together with paddles or oars, shall be conspicuously marked with a name or number of, or other inscription identifying, the facility on which placed. The number of persons allowed on each life float, lifeboat, or life raft shall be conspicuously marked thereon in letters and numbers 1
(e) All life preservers and ring life buoys shall be marked with the name or number of, or other inscription identifying, the facility on which placed except those which accompany mobile crews to unmanned platforms may be marked with the operator’s name and field designation.
§ 146.140 Emergency Evacuation Plan.
(a) The operator of each manned OCS facility shall develop an Emergency Evacuation Plan (EEP) for the facility which addresses all of the items listed in paragraph (d) of this section. The EEP may apply to more than one facility, if the facilities are located in the same general geographic location and within the same Coast Guard Officer in Charge, Marine Inspection (OCMI) zone; if each facility covered by the EEP is specifically identified in the EEP; and if the evacuation needs of each facility are accommodated. The EEP must be submitted to the OCMI having jurisdiction over the facility, 30 days before placing the facility in operation. The OCMI reviews the EEP to determine whether all items listed in paragraph (d) of this section are addressed for each facility included in the EEP. If the OCMI determines that all items in paragraph (d) of this section are addressed, the OCMI stamps the EEP “APPROVED” and returns it, together with a letter indicating Coast Guard approval, to the operator. If the OCMI determines that any item is not addressed, the OCMI stamps the EEP “RETURNED FOR REVISION” and returns the EEP, together with an explanation of the EEP’s deficiencies, to the operator.
(b) Once the EEP is approved under paragraph (a) of this section, the facility operator shall ensure that a copy of the EEP and the letter indicating Coast Guard approval is maintained on the facility.
(c) The EEP must be resubmitted for approval when substantive changes are made to the EEP. Only the pages affected by a change need be resubmitted if the EEP is bound in such a way as to allow old pages to be removed easily and new ones inserted. Substantive changes include, but are not limited to, installation of a new facility within the area covered by an EEP, relocation of a MODU, changes in the means or methods of evacuation, or changes in the time required to accomplish evacuation.
(d) The EEP must, at a minimum,
(1) Be written in language that is easily understood by the facility’s operating personnel;
(2) Have a table of contents and general index;
(3) Have a record of changes;
(4) List the name, telephone number, and function of each person to be contacted under the EEP and state the circumstances in which that person should be contacted;
(5) List the facility’s communications equipment, its available frequencies, and the communications schedules with shore installations, standby vessels, rescue aircraft, and other OCS facilities specified in the EEP;
(6) Identify the primary source of weather forecasting relied upon in implementing the EEP and state the frequency of reports when normal weather is forecasted, the frequency of reports when heavy weather is forecasted, and the method of transmitting the reports to the facility;
(7) Designate the individual on each facility covered by the EEP who is assigned primary responsibility for implementing the EEP;
(8) Designate those facility and shoreside support personnel who have the authority to advise the person in charge of the facility as to the best course of action to be taken and who initiate actions to assist facility personnel;
(9) Describe the recognized circumstances, such as fires or blowouts, and environmental conditions, such as approaching hurricanes or ice floes, in which the facility or its personnel would be placed in jeopardy and a mass evacuation of the facility’s personnel would be recommended;
(10) For each of the circumstances and conditions described under paragraph (d)(9) of this section, list the pre-evacuation steps for securing operations, whether drilling or production, including the time estimates for completion and the personnel required;
(11) For each of the circumstances and conditions described under paragraph (d)(9) of this section, describe the order in which personnel would be evacuated, the transportation resources to be used in the evacuation, the operational limitations for each mode of transportation specified, and the time and distance factors for initiating the evacuation; and
(12) For each of the circumstances and conditions described under paragraph (d)(9) of this section, identify the means and procedures—
(i) For retrieving persons from the water during an evacuation;
(ii) For transferring persons from the facility to designated standby vessels, lifeboats, or other types of evacuation craft;
(iii) For retrieving persons from designated standby vessels, lifeboats, or other types of evacuation craft if used; and
(iv) For the ultimate evacuation of all persons on the facility to land, another facility, or other location where the evacuees would be reasonably out of danger under the circumstance or condition being addressed.
(e) The operator shall ensure that—
(1) All equipment specified in the EEP, whether the equipment is located on or off of the facility, is made available and located as indicated in the EEP and is designed and maintained so as to be capable of performing its intended function during an emergency evacuation;
(2) All personnel specified in the EEP are available and located as specified in the EEP and are trained in fulfilling their role under the EEP; and
(3) Drills are conducted in accordance with § 146.125(c).
(f) A complete copy of the EEP must be made available to the facility’s operating personnel and a brief written summary of, or an oral briefing on, the EEP must be given to each person newly reporting on the facility.
(g) A copy of the EEP must be on board each standby vessel, if any, designated in the EEP and provided to all shoreside support personnel, if any, specified in the EEP.
Subpart C—Mobile Offshore Drilling Units
§ 146.200 Definitions.
For the purpose of this subpart:
Arrives on the OCS means when a MODU enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act.
OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS.
§ 146.201 Applicability.
This subpart applies to mobile offshore drilling units engaged in OCS activities.
§ 146.202 Notice of arrival or relocation of MODUs on the OCS.
(a) The owner of any mobile offshore drilling unit engaged in OCS activities shall, 14 days before arrival of the unit on the OCS or as soon thereafter as practicable, notify the District Commander for the area in which the unit will operate of:
(1) The unit’s name, nationality, and designation assigned for identification under 30 CFR 250.37;
(2) The location and year that the unit was built;
(3) The name and address of the owner, and the owner’s local representative, if any;
(4) Classification or inspection certificates currently held by the unit;
(5) The location and date that operations are expected to commence and their anticipated duration; and
(6) The location and date that the unit will be available and ready for inspection by the Coast Guard.
(b) Once a unit is located on the OCS, the owner of the unit shall notify the District Commander before relocating the unit.
(c) The information required in paragraphs (a) and (b) of this section may be provided by telephone or may be submitted together with, and need not repeat information contained in, applications and notices under 33 CFR part 67 for aids to navigation on the Outer Continental Shelf or 33 CFR part 135 for applications for certificate of financial responsibility.
§ 146.203 Requirements for U.S. and undocumented MODUs.
Each mobile offshore drilling unit documented under the laws of the United States and each mobile offshore drilling unit that is not documented under the laws of any nation must comply with the operating standards of 46 CFR part 109 when engaged in OCS activities.
§ 146.205 Requirements for foreign MODUs.
Each mobile offshore drilling unit that is documented under the laws of a foreign nation must, when engaged in OCS activities, comply with one of the following:
(a) The operating standards of 46 CFR part 109.
(b) The operating standards of the documenting nation if the standards provide a level of safety generally equivalent to or greater than that provided under 46 CFR part 109.
(c) The operating standards for mobile offshore drilling units contained in the International Maritime Organization (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) (IMO) Code for the Construction and Equipment of Mobile Offshore Drilling Units (IMO Assembly Resolution A. 414(XI)) which has been incorporated by reference and the requirements of 46 CFR Part 109 for matters not addressed by the Code.
§ 146.210 Emergency Evacuation Plan.
(a) Except as otherwise provided in this section, the requirements applicable to Emergency Evacuation Plans (EEPs) on manned OCS facilities under § 146.140 are applicable to MODUs.
(b) An EEP must be submitted by—
(1) The holder of a lease or permit under the Act for each MODU within the area of the lease or the area covered by the permit; or
(2) The operator under 30 CFR 250.2(gg), if other than the holder of a lease or permit, for each MODU within the area in which the operator controls or manages operations.
(c) To avoid unnecessary duplication, the EEP may incorporate by reference pertinent sections of the MODU’s operating manual required by 46 CFR 109.121.
(d) In complying with § 146.140(d)(7), the EEP must designate the master or person in charge of the MODU under 46 CFR 109.107 as the individual who is assigned primary responsibility for implementing the EEP, as it relates to that MODU.
§ 146.215 Safety and Security notice of arrival for U.S. or foreign MODUs.
(a) General. At least 96 hours before a MODU arrives on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities, excluding those U.S. MODUs arriving directly from a U.S. port or place or from an OCS block area, to engage in OCS activities, the owner or operator of the MODU, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC):
(1) The location, latitude and longitude, of the MODU at the time the notice of arrival (NOA) is reported;
(2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the MODU owner or operator plans to perform OCS activities;
(3) The MODU’s name and IMO number, if any;
(4) The date when operations of the MODU are expected to begin and end;
(5) Names of the last two ports or places visited and the associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of identification and number);
(v) Position or duties on the MODU; and
(vi) Name of the port, or place, and country where the individual embarked.
(7) The date of issuance of the MODU’s International Safety Management certificate (ISM), if any, and Document of Compliance certificate and the name of the flag administration, or its recognized representative, that issued those certificates; and
(8) The date of issuance of the MODU’s International Ship Security certificate (ISSC), if any, and the name of the flag administration, or the recognized security organization representing the flag administration, that issued the ISSC.
(b) Methods of submission. The notice must be submitted to the National Vessel Movement Center (NVMC) by electronic Notice of Arrival and Departure format using methods specified in the NVMC’s Web site at http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of the MODU must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise or re-submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the MODUs from the location at the time the NOA was reported; or
(3) Changes to personnel positions or duties on the MODU.
(d) Required reporting time of an initial NOA. The owner or operator of a MODU subject to this section must submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners and operators of a MODU must submit an initial NOA at least 96 hours before the MODU arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the voyage time is less than 96 hours, owners and operators of a MODU must submit an initial NOA at least 24 hours before the MODU arrives at the OCS location where the owner or operator plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. The owner or operator of a MODU subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by 24 hours or more from the current estimated time of arrival, the owner or operator of the MODU must provide an updated NOA as soon as practicable but at least 24 hours before the MODU arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(2) If the most recently submitted NOA, or NOA update, differs by less than 24 hours from the current estimated time of arrival, the owner or operator of the MODU must provide an updated NOA as soon as practicable but at least 12 hours before the MODU arrives at the OCS location where the owner or operator plans to perform OCS activities.
(f) Towing vessels. When a towing vessel controls a MODU required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the information required for the towing vessels, under § 146.405, and the MODU under paragraph (a) of this section.
(g) This section does not apply to MODU’s merely transiting the waters superjacent to the OCS and not engaged in OCS activities.
Subpart D—Vessels—Notice of Casualty
§ 146.301 Applicability.
This subpart applies to vessels engaged in OCS activities other than United States vessels already required to report marine casualties under Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFR part 109.
§ 146.303 Notice and written report of casualties.
The owner, operator, or person in charge of a vessel engaged in OCS activities shall ensure that the notice of casualty requirements of § 146.30 and the written report requirements of § 146.35 are complied with whenever a casualty involving the vessel occurs which results in:
(a) Death;
(b) Injury to 5 or more persons in a single incident; or
(c) Injury causing any person to be incapacitated for more than 72 hours.
Subpart E—Vessels—Safety and Security Notice of Arrival
§ 146.401 Applicability.
This subpart applies to all U.S. and foreign vessels, except those U.S. vessels traveling directly from a U.S. port or place, or from an OCS block area, bound for a place on the OCS and planning to engage in OCS activities. Vessels under this subpart include, but are not limited to, standby vessels, attending vessels, offshore supply vessels, pipelay vessels, derrick ships, diving support vessels, oceanographic research vessels, towing vessels, and accommodation vessels. This subpart does not apply to MODUs, which are covered under § 146.215; nor does it apply to floating facilities, which are covered under §§ 146.103 and 146.104.
§ 146.402 Definitions.
For the purpose of this subpart:
Arrives on the OCS means when a vessel enters any OCS block area to commence operations for which it has submitted a Notice of Arrival under § 146.405(b)(2).
OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS.
§ 146.405 Safety and Security notice of arrival for vessels arriving at a place on the OCS.
(a) General. The owner or operator of each vessel subject to this section must submit an initial NOA to the National Vessel Movement Center (NVMC):
(1) If the voyage time is more than 96 hours, at least 96 hours before the vessel arrives at a place on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities;
(2) If the voyage time is less than 96 hours and more than 24 hours, before departure, or;
(3) If the voyage time is less than 24 hours, at least 24 hours before the vessel arrives at a place on the OCS.
(b) Information required in an NOA. The following information is required from the owners or operators of vessels submitting an NOA:
(1) All the information specified in 33 CFR Table 160.206 with the exception of information required in items (2)(iii) through (2)(vi) and item (6). Item (8) is also not required except as pursuant to the laws on vessel entry (19 U.S.C. 1434) and clearance (46 U.S.C. 60105). Vessel owners and operators should protect any personal information they gather in preparing notices for transmittal to the NVMC so as to prevent unauthorized disclosure of that information;
(2) The area in which they are conducting their operations. This area can be submitted as either the name of the places, the BOEM block numbers, or the latitudes and longitudes of the places on the OCS where operations are being conducted; and
(3) If any person onboard, including a crewmember, is not required to carry a passport for travel, then passport information required in Table 160.206, items (4)(iv) through (vi), and (5)(iv) through (vi), need not be provided for that person.
(c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of that vessel must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise and re-submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the vessel from the location at the time the NOA was reported; or
(3) Changes to personnel positions or duties on the vessel.
(d) Methods of submission. The notice must be submitted to the NVMC by electronic Notice of Arrival and Departure format using methods specified at the NVMC’s Web site at http://www.nvmc.uscg.gov/.
(e) Required reporting time of an NOA update. The owner or operator of each vessel subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by 24 hours or more from the current estimated time of arrival, the owner or operator of the vessel must provide an update as soon as practicable but at least 24 hours before the vessel arrives at the OCS location where the owner or operator plans to perform OCS activities;
(2) If the most recently submitted NOA, or NOA update, differs by less than 24 hours from the current estimated time of arrival, the owner or operator of the vessel must provide an update as soon as practicable but at least 12 hours before the vessel arrives at the OCS location where the owner or operator plans to perform OCS activities; or
(3) If the remaining voyage time is less than 24 hours, the owner or operator of the vessel must provide an update as soon as practicable, but at least 12 hours before the vessel arrives at a place on the OCS.
(f) Towing vessels. When a towing vessel controls a vessel required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the information required for the towing vessels and the vessel under its control.
(g) This section does not apply to vessels merely transiting the waters superjacent to the OCS and not engaged in OCS activities.
PART 147—SAFETY ZONES
§ 147.1 Purpose of safety zones.
Safety zones may be established around OCS facilities being constructed, maintained, or operated on the Outer Continental Shelf to promote the safety of life and property on the facilities, their appurtenances and attending vessels, and on the adjacent waters within the safety zones. Regulations adopted for safety zones may extend to the prevention or control of specific activities and access by vessels or persons, and include measures to protect the living resources of the sea from harmful agents. The regulations do not encompass the operating equipment or procedures used in the drilling for and production of oil, gas, or other minerals, or the transportation of oil, gas, or other minerals by pipeline except as they relate to the safety of life and property on OCS facilities and on the waters adjacent to OCS facilities or to the protection of the living resources of the sea within a safety zone from harmful agents.
§ 147.T01-0073 Safety Zones; South Fork Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of the positions (North American Datum of 1983 (NAD83)) provided in the following table is a safety zone:
Table 1 to Paragraph
| Name | Facility type | Latitude | Longitude |
|---|---|---|---|
| AM05 | WTG | N 41.10879493 | W−71.19110374 |
| AM06 | WTG | N 41.10921219 | W−71.16906236 |
| AM07 | WTG | N 41.10962524 | W−71.14702052 |
| AM08 | WTG | N 41.11003408 | W−71.12497822 |
| AN05 | WTG | N 41.09212418 | W−71.19054951 |
| AN06 | WTG | N 41.09195639 | W−71.16788437 |
| AN08 | WTG | N 41.09336261 | W−71.12444068 |
| AN09 | WTG | N 41.093767 | W−71.1024035 |
| AP05 | WTG | N 41.07545338 | W−71.18999573 |
| AP06 | OSS | N 41.07587016 | W−71.16796548 |
| AP07 | WTG | N 41.07628273 | W−71.14593476 |
| AP08 | WTG | N 41.07669109 | W−71.12390359 |
| AP09 | WTG | N 41.07709524 | W−71.10187197 |
(b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the First Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in the safety zone in paragraph (a) of this section except for the following:
(1) An attending vessel as defined in § 147.20; and
(2) A vessel authorized by the First Coast Guard District Commander or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the safety zone must request authorization from the First Coast Guard District Commander or a designated representative. If permission is granted, all persons and vessels must comply with lawful instructions of the First Coast Guard District Commander or designated representative via VHF-FM channel 16 or by phone at 866-842-1560 (First Coast Guard District Command Center).
(e) Effective and enforcement periods. This section is effective from January 1, 2024, through 11:59 p.m. on May 31, 2024. But it will only be enforced during active construction or other instances which may cause a hazard to navigation deemed necessary by the First Coast Guard District Commander. The First Coast Guard District Commander will make notification of the exact dates and times in advance of each enforcement period for the locations in paragraph (a) of this section to the local maritime community through the Local Notice to Mariners and will issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable in response to an emergency. If the project is completed before May 31, 2024, enforcement of the safety zones will be suspended, and notice given via Local Notice to Mariners. The First Coast Guard District Local Notice to Mariners can be found at: https://www.navcen.uscg.gov.
§ 147.T01-0277 Safety Zones; Vineyard Wind 1 Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of the positions provided in the following table is a safety zone:
Table 1 to Paragraph (
| Name | Facility type | Latitude | Longitude |
|---|---|---|---|
| AL38 | WTG | N 41.1370161 | W −70.4638911 |
| AM37 | ESP | N 41.1200616 | W −70.4851682 |
| AM38 | WTG | N 41.1203387 | W −70.4635204 |
| AM39 | WTG | N 41.1206168 | W −70.4414663 |
| AN36 | WTG | N 41.1030927 | W −70.5072461 |
| AN37 | WTG | N 41.1033791 | W −70.4851982 |
| AN38 | WTG | N 41.1036612 | W −70.4631500 |
| AN39 | WTG | N 41.1039392 | W −70.4411014 |
| AP35 | WTG | N 41.0861251 | W −70.5289069 |
| AP36 | WTG | N 41.0864155 | W −70.5068649 |
| AP37 | WTG | N 41.0867017 | W −70.4848226 |
| AP38 | WTG | N 41.0869837 | W −70.4627799 |
| AP39 | WTG | N 41.0872615 | W −70.4407369 |
| AP40 | WTG | N 41.0875351 | W −70.4186937 |
| AP41 | WTG | N 41.0878044 | W −70.3966501 |
| AQ34 | WTG | N 41.0691535 | W −70.5505566 |
| AQ35 | WTG | N 41.0694480 | W −70.5285205 |
| AQ36 | WTG | N 41.0697382 | W −70.5064840 |
| AQ37 | WTG | N 41.0700243 | W −70.4844472 |
| AQ38 | WTG | N 41.0703061 | W −70.4624101 |
| AQ39 | WTG | N 41.0705837 | W −70.4403727 |
| AQ40 | WTG | N 41.0708571 | W −70.4183350 |
| AQ41 | WTG | N 41.0711263 | W −70.3962970 |
| AQ42 | WTG | N 41.0713913 | W −70.3742587 |
| AR33 | WTG | N 41.0521781 | W −70.5721951 |
| AR34 | WTG | N 41.0524766 | W −70.5501649 |
| AR35 | WTG | N 41.0527709 | W −70.5281343 |
| AR36 | WTG | N 41.0530609 | W −70.5061034 |
| AR37 | WTG | N 41.0533468 | W −70.4840722 |
| AR38 | WTG | N 41.0536285 | W −70.4620407 |
| AR39 | WTG | N 41.0539059 | W −70.4400088 |
| AR40 | WTG | N 41.0541792 | W −70.4179767 |
| AR41 | WTG | N 41.0544482 | W −70.3959442 |
| AR42 | WTG | N 41.0547130 | W −70.3739115 |
| AS32 | WTG | N 41.0351987 | W −70.5938225 |
| AS33 | WTG | N 41.0355012 | W −70.5717982 |
| AS34 | WTG | N 41.0357995 | W −70.5497735 |
| AS35 | WTG | N 41.0360937 | W −70.5277485 |
| AS36 | WTG | N 41.0363836 | W −70.5057231 |
| AS37 | WTG | N 41.0366693 | W −70.4836975 |
| AS38 | WTG | N 41.0369508 | W −70.4616715 |
| AS39 | WTG | N 41.0372281 | W −70.4396452 |
| AS40 | WTG | N 41.0375012 | W −70.4176186 |
| AS41 | WTG | N 41.0377701 | W −70.3955918 |
| AS42 | WTG | N 41.0380347 | W −70.3735646 |
| AT33 | WTG | N 41.0188243 | W −70.5714016 |
| AT34 | WTG | N 41.0191225 | W −70.5493824 |
| AT35 | WTG | N 41.0194164 | W −70.5273630 |
| AT36 | WTG | N 41.0197062 | W −70.5053432 |
| AT37 | WTG | N 41.0199917 | W −70.4833231 |
| AT38 | WTG | N 41.0202731 | W −70.4613027 |
| AT39 | WTG | N 41.0205502 | W −70.4392819 |
| AT40 | WTG | N 41.0208231 | W −70.4172609 |
| AT41 | WTG | N 41.0210918 | W −70.3952396 |
| AU36 | WTG | N 41.0030287 | W −70.5049636 |
| AU37 | WTG | N 41.0033141 | W −70.4829490 |
| AU38 | WTG | N 41.0035953 | W −70.4609341 |
| AU39 | WTG | N 41.0038722 | W −70.4389190 |
| AU40 | WTG | N 41.0041450 | W −70.4169035 |
| AV37 | WTG | N 40.9866364 | W −70.4825752 |
| AV38 | WTG | N 40.9869174 | W −70.4605659 |
| AV39 | WTG | N 40.9871942 | W −70.4385563 |
| AW38 | WTG | N 40.9702395 | W −70.4601980 |
(b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the First Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in the safety zones described in paragraph (a) of this section except for the following:
(1) An attending vessel as defined in § 147.20; and
(2) A vessel authorized by the First Coast Guard District Commander or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the safety zone must request authorization from the First Coast Guard District Commander or a designated representative. If permission is granted, all persons and vessels must comply with lawful instructions of the First Coast Guard District Commander or designated representative via VHF-FM channel 16 or by phone at 617-223-1560 (First Coast Guard District Command Center).
(e) Effectiveness and enforcement periods. This section is in effect from June 27, 2023, through 11:59 p.m. on May 31, 2024. But it will only be enforced during active construction or other instances which may cause a hazard to navigation deemed necessary by the First Coast Guard District Commander. The First Coast Guard District Commander will make notification of the exact dates and times in advance of each enforcement period for the locations in paragraph (a) of this section to the local maritime community through the Local Notice to Mariners and will issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable in response to an emergency. If the project is completed before May 31, 2024, enforcement of the safety zones will be suspended, and notice given via Local Notice to Mariners. The First Coast Guard District Local Notice to Mariners can be found at https://www.navcen.uscg.gov.
§ 147.T01-0985 xxx
The authority to establish safety zones and to issue and enforce safety zone regulations in accordance with the provisions of this part is delegated to District Commanders.
§ 147.10 Establishment of safety zones.
(a) Whenever it comes to the attention of the District Commander that a safety zone and regulations may be required concerning any OCS facility being constructed, maintained, or operated on the Outer Continental Shelf or its appurtenances and attending vessels, or the adjacent waters, the District Commander may initiate appropriate inquiry to determine whether a safety zone and regulations should be established. In making this determination, the District Commander considers all relevant safety factors, including existing or reasonably foreseeable congestion of vessels, the presence of unusually harmful or hazardous substances, and any obstructions within 500 meters of the OCS facility. If the District Commander determines that the circumstances warrant the establishment of a safety zone and regulations the District Commander takes action as necessary consistent with the provisions of this part.
(b) For purposes of establishing safety zones under this part, OCS facility includes non-mineral energy resource permanent or temporary structures.
(c) Except as provided in paragraph (d) of this section, a safety zone and necessary regulations may be established concerning any OCS facility being constructed, maintained or operated on the Outer Continental Shelf, following publication of a notice of proposed rule making in the
(d) A safety zone and necessary regulations may be established without public rule making procedures when the District Commander determined that imminent danger exists with respect to the safety of life and property on an OCS facility constructed, maintained, or operated on the Outer Continental Shelf, its appurtenances and attending vessels or adjacent waters. A safety zone and regulations may be made effective on the date the rule is published in the
(e) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts reference to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.
§ 147.15 Extent of safety zones.
A safety zone establishment under this part may extend to a maximum distance of 500 meters around the OCS facility measured from each point on its outer edge or from its construction site, but may not interfere with the use of recognized sea lanes essential to navigation.
§ 147.20 Definitions.
Unless otherwise stated, the term “attending vessel” refers to any vessel which is operated by the owner or operator of an OCS facility located in the safety zone, which is used for the purpose of carrying supplies, equipment or personnel to or from the facility, which is engaged in construction, maintenance, alteration, or repair of the facility, or which is used for further exploration, production, transfer or storage of natural resources from the seabed beneath the safety zone.
§ 147.801 Boxer Platform safety zone.
(a) Description. The Boxer Platform is located at position 27°56′48″ N, 90°59′48″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge, not to extend into the adjacent East—West Gulf of Mexico Fairway is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.803 Bullwinkle Platform safety zone.
(a) Description. The Bullwinkle Platform is located at position 27°53′01″ N, 90°54′04″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.805 Ursa Tension Leg Platform safety zone.
(a) Description. The Ursa Tension Leg Platform (Ursa TLP) is located at position 28°09′14.497″ N, 89°06′12.790″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.807 West Delta 143 Platform safety zone.
(a) Description. The West Delta 143 Platform is located at position 28°39′42″ N, 89°33′05″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge, not to extend into the adjacent Mississippi River Approach Fairway, is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except: (1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.809 Mars Tension Leg Platform safety zone.
(a) Description. The Mars Tension Leg Platform (Mars TLP) is located at position 28°10′10.29″ N, 89°13′22.35″ W with two supply boat mooring buoys at positions 28°10′18.12″ N, 89°12′52.08″ W (Northeast) and 28°09′49.62″ N, 89°12′57.48″ W (Southeast). The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge and the area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.811 Ram-Powell Tension Leg Platform safety zone.
(a) Description. The Ram-Powell Tension Leg Platform (Ram-Powell TLP) is located at position 29°03′52.2″ N, 88°05′30″ W with two supply boat mooring buoys at positions 29°03′52.2″ N, 88°05′12.6″ W (Northeast) and 29°03′28.2″ N, 88°05′10.2″ W (Southeast). The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge and the area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.813 Auger Tension Leg Platform safety zone.
(a) Description. The Auger Tension Leg Platform (Auger TLP) is located at position 27°32′45.4″ N, 92°26′35.09″ W with two supply boat mooring buoys at positions 27°32′38.1″ N, 92°26′04.8″ W (East Buoy) and 27°32′58.14″ N, 92°27′04.92″ W (West Buoy). The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge and an area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except:
(1) an attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing or fishing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.815 ExxonMobil Hoover Floating OCS Facility safety zone.
(a) Description. The ExxonMobil Hoover Floating OCS Facility, Alaminos Canyon Block 25A (AC25A), is located at position 26°56′33″ N, 94°41′19.55″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District
§ 147.817 Sir Douglas Morpeth Tension Leg Platform safety zone.
(a) Description. The Sir Douglas Morpeth Tension Leg Platform (Morpeth TLP), Ewing Bank Block 921A (EW 921A), is located at position 28°02′05.28″ N, 90°01′22.12″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.819 Allegheny Tension Leg Platform safety zone.
(a) Description. The Allegheny Tension Leg Platform (Allegheny TLP), Green Canyon Block 254A (GC 254A), is located at position 27°41′29.65″ N, 90°16′31.93″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.821 Brutus Tension Leg Platform safety zone.
(a) Description. The Brutus Tension Leg Platform (Brutus TLP), Green Canyon Block 158 (GC 158), is located at position 27°47′42.86″ N, 90°38′51.15″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.823 Enchilada Platform safety zone.
(a) Description. The Enchilada Platform, Garden Banks Block 128A (GB 128A), is located at position 27°52′31.31″ N, 91°59′11.09″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge, not to extend into the adjacent East-West Gulf of Mexico Fairway, is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.825 Chevron Genesis Spar safety zone.
(a) Description. The Chevron Genesis Spar, Green Canyon 205A (GC205A), is located at position 27°46′46.365″ N, 90°31′06.553″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.827 Marlin Tension Leg Platform safety zone.
(a) Description. The Marlin Tension Leg Platform (Marlin TLP), Viasca Knoll, Block 915 (VK 915), is located at position 29°6′27.46″ N, 87°56′37.14″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.829 Matterhorn Tension Leg Platform safety zone.
(a) Description. The Matterhorn Tension Leg Platform A (Matterhorn TLP), Mississippi Canyon 243 (MC 243), located at position 28°44′32″ N, 88°39′32″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.831 Holstein Truss Spar safety zone.
(a) Description. Holstein, Green Canyon 645 (GC 645), located at position 27°19′17″ N, 90°32′08″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon North American Datum 1983.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.833 Na Kika FDS safety zone.
(a) Description. Na Kika FDS, Mississippi Canyon 474 “A” (MC 474 “A”), located at position 28°31′14.86″ N, 88°17′19.69″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.835 Magnolia TLP safety zone.
(a) Description. Magnolia TLP, Garden Banks 783 “A” (GB 783 “A”), located at position 27°12′13.86″ N, 92°12′09.36″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.837 Marco Polo Tension Leg Platform safety zone.
(a) Description. Marco Polo Tension Leg Platform, Green Canyon 608 (GC 608), located at position 27°21′43.32″ N, 90°10′53.01″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.839 Mad Dog Truss Spar Platform safety zone.
(a) Description. The Mad Dog Truss Spar system is in the deepwater area of the Gulf of Mexico at Green Canyon 782. The facility is located at 27°11′18.124″ N., 90°16′7.363″ W. and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.841 Atlantis Semi-Submersible safety zone.
(a) Description. Atlantis Semi-Submersible, Green Canyon 787 (GC 787), located at position 27°11′44″ N, 90°01′37″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.843 Thunder Horse Semi-Submersible safety zone.
(a) Description. Thunder Horse Semi-Submersible, Mississippi Canyon 778 (MC 778), located at position 28°11′26″ N, 88°29′44″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone. These coordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.845 Perdido Regional Host safety zone.
(a) Description. The Perdido Regional Host is located at position 26°07′44″ N, 094°53′53″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.847 Safety Zone; BW PIONEER Floating Production, Storage, and Offloading System Safety Zone.
(a) Description. The BW PIONEER, a Floating Production, Storage and Offloading (FPSO) system, is in the deepwater area of the Gulf of Mexico at Walker Ridge 249. The FPSO can swing in a 360 degree arc around the center point of the turret buoy’s swing circle at 26°41′46.25″ N and 090°30′30.16″ W. The area within 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy is a safety zone. If the FPSO detaches from the turret buoy, the area within 500 meters around the center point at 26°41′46.25″ N and 090°30′30.16″ W is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.849 Safety Zone; Olympus Tension Leg Platform.
(a) Description. The Olympus Tension Leg Platform is in the deepwater area of the Gulf of Mexico in Mississippi Canyon Block 807B. The facility is located at 28° 9′35.59″ N, 89°14′20.86″ W. The area within 500 meters (1640.4 feet) from each point on the structure’s outer edge and the area within 500 meters (1640.4 feet) of each of the supply boat mooring buoys is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.851 Jack St. Malo Semi-Sub Facility Safety Zone.
(a) Description. The Jack St. Malo Semi-Sub facility is in the deepwater area of the Gulf of Mexico at Walker Ridge block 718. The facility is located at 26°14′5.94″ N, 91°15′39.99″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.853 Petronius Compliant Tower Facility Safety Zone.
(a) Description. The Petronius Compliant Tower facility is in the deepwater area of the Gulf of Mexico at Viosca Knoll Block 786. The facility is located at 28°13′44″ N/−87°47′51″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.855 Blind Faith Semi-Sub Facility Safety Zone.
(a) Description. The Blind Faith Semi-Sub facility is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 650. The facility is located at 28°20′29.5279″ N/−88°15′56.4728″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.857 Tahiti SPAR Facility Safety Zone.
(a) Description. The Tahiti SPAR facility is in the deepwater area of the Gulf of Mexico at Tahiti SPAR. The facility is located at 27°19′33.3″ N/−90°42′50.9″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.859 Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon Block 724, Outer Continental Shelf on the Gulf of Mexico.
(a) Description. The Gulfstar 1 Spar is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 724. The facility is located at 28°14′05.904″ N, 88°59′43.306″ W, and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.861 Interim Big Foot TLP Construction Site safety zone.
(a) Description. The Big Foot Tension Leg Platform (TLP) construction site is in the deepwater area of the Gulf of Mexico at Walker Ridge 29. The Big Foot TLP construction site outermost points are located at:
NW Corner 26-56-18.85 N, 090-31-26.44 W
NE Corner 26-56-18.85 N, 090-30-53.06 W
SE Corner 26-55-46.76 N, 090-30-53.06 W
SW Corner 26-55-46.76 N, 090-31-26.44 W,
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
§ 147.863 Turritella FPSO System Safety Zone.
(a) Description. The Turritella, a Floating Production, Storage and Offloading (FPSO) system is to be installed in the deepwater area of the Gulf of Mexico at Walker Ridge 551. The FPSO can swing in a 360 degree arc around the center point of the turret buoy’s swing circle at 26°25′38.74″ N., 90°48′45.34″ W., and the area within 500 meters (1640.4 feet) around the stern of the FPSO when it is moored to the turret buoy is a safety zone. If the FPSO detaches from the turret buoy, the area within 500 meters (1640.4 feet) around the center point at 26°25′38.74″ N., 90°48′45.34″ W. is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.865 Titan SPAR Facility Safety Zone.
(a) Description. The Titan SPAR system is in the deepwater area of the Gulf of Mexico at Mississippi Canyon 941. The facility is located at 28°02′02″ N. 89°06′04″ W. and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District.
§ 147.867 Stampede TLP facility safety zone.
(a) Description. The Stampede Tension Leg Platform (TLP) system is in the deepwater area of the Gulf of Mexico at Green Canyon Block 468. The facility is located at 27°30′33.3431″ N. 90°33′22.963″ W. (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel, as defined by 33 CFR 147.20;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Eighth Coast Guard District Commander.
§ 147.869 Safety Zone; Appomattox FPS Facility, Outer Continental Shelf on the Gulf of Mexico.
(a) Description. The Appomattox Floating Production System (FPS) system is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 437. The facility is located at 28°34′25.47″ N 87°56′03.11″ W (NAD 83), and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except the following:
(1) An attending vessel, as defined by 33 CFR 147.20;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Eighth Coast Guard District Commander or a designated representative.
§ 147.871 Safety Zone, Constitution Spar, Outer Continental Shelf Facility, Green Canyon 680, Gulf of Mexico.
(a) Description. The Constitution Spar is in the deepwater area of the Gulf of Mexico at Green Canyon Block 680. The facility is located at 27°17′31.92″ N, 90°58′4.8″ W, (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in the safety zone described in paragraph (a) of this section except for the following:
(1) An attending vessel, as defined in 147.20
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
(c) Requests for Permission. Persons or vessels requiring authorization to enter the safety zone described in paragraph (a) of this section must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative.
§ 147.873 Safety Zone; Lucius Spar, Outer Continental Shelf Facility, Keathley Canyon 875.
(a) Description. The Lucius Spar in the deepwater area of the Gulf of Mexico at Keathley Canyon 875. The facility is located at: 26°7′55.0632″ N, 92°2′24.2982″ W (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except for the following:
(1) An attending vessel, as defined in 147.20
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
(c) Requests for permission. Persons or vessels requiring authorization to enter the safety zone must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative.
§ 147.875 Safety Zone, Horn Mountain Spar, Outer Continental Shelf Facility, Mississippi Canyon 127.
(a) Description. The Horn Mountain Spar is in the deepwater area of the Gulf of Mexico at Mississippi Canyon 127. The facility is located at: 28°51′57.5994″ N, 88°3′22.32″ W, (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facililty structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except for the following:
(1) An attending vessel, as defined in 147.20;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(2) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
(c) Requests for permission. Persons or vessels requiring authorization to enter the safety zone must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative.
§ 147.877 Safety Zone, Heidelberg Spar, Outer Continental Shelf Facility, Green Canyon 860.
(a) Description. The Heidelberg Spar in the deepwater area of the Gulf of Mexico at Green Canyon. The facility is located at: 27°6′41.0394″ N, 90°45′50.3994″ W (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except for the following:
(1) An attending vessel, as defined in § 147.20;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
(c) Requests for permission. Persons or vessels requiring authorization to enter the safety zone must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative.
§ 147.879 Safety Zone; Vito Floating Production System, Outer Continental Shelf Facility, Mississippi Canyon Block 939, Gulf of Mexico
(a) Description. The Vito FPS is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 939. The facility is located at 28°01′32.325″ N, 89°12′33.254″ W, (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone except for the following:
(1) An attending vessel, as defined in 147.20;
(2) A vessel under 100 feet in length overall not engaged in towing; or
(3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
(c) Requests for permission. Persons or vessels requiring authorization to enter the safety zone must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative.
§ 147.1102 Platform GRACE safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-10′-47″ N, 119°-28′-05″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1103 Platform GINA safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-07′-02″ N, 119°-16′-35″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1104 Platform ELLEN & ELLY safety zone.
(a) Description: The areas within a line 500 meters from each point on the outer edge of each structure. The structures are approximately 120 meters apart. The position of the center of each structure is: Platform Ellen, 33°-34′-57″ N, 118°-07′-42″ W; and Platform Elly, 33°-35′-00″ N, 118°-07′-40″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel serving either structure, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1105 Platform HONDO safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-23′-27″ N, 120°-07′-14″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1106 Exxon Santa Ynez offshore storage and treatment vessel mooring safety zone.
(a) Description: The area within a line 1108 meters for the center of the mooring. The position of the center of the mooring is 34°-24′-19″ N 120°-06′00″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1107 Platform GILDA safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-10′-56″ N. 119°-25′-07″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1108 Platform EDITH safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 33°-35′-45″ N. 118°-08′-27″ W.
(b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1109 Platform HERMOSA safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34-27-19 N, 120-38-47 W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1110 Platform HARVEST safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34-28-09.5 N, 120-40-46.1 W.
(b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1111 Platform EUREKA safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 33-33-50 N, 118-07-00 W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1112 Platform HIDALGO safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34-29-42 N, 120-42-08 W.
(b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1113 Platform GAIL safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-07′-30″ N, 119°-24′-01″ W.
(b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1114 Platform HARMONY safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-22′-36″ N, 120°-10′-03″ W.
(b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) an attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1115 Platform HERITAGE safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-21′-01″ N, 120°-16′-45″ W.
(b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
§ 147.1116 Platform IRENE safety zone.
(a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°-36′-37.5″ N, 120°-43′-46″ W.
(b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.
SUBCHAPTER NN—DEEPWATER PORTS
PART 148—DEEPWATER PORTS: GENERAL
Subpart A—General
§ 148.1 What is the purpose of this subchapter?
This subchapter prescribes regulations for the licensing, construction, design, equipment, and operation of deepwater ports under the Deepwater Port Act of 1974, as amended (codified at 33 U.S.C. 1501 et seq.) (the Act). The regulations in this subchapter (parts 148 through 150) have preemptive effect over state or local regulations in the same field.”
§ 148.2 Who is responsible for implementing this subchapter?
Unless otherwise specified, the owner of a deepwater port must ensure that the requirements of this subchapter are carried out at that port.
§ 148.3 What Federal agencies are responsible for implementing the Deepwater Port Act?
(a) Under delegations from the Secretary of Homeland Security and the Secretary of Transportation, the Coast Guard and MARAD coordinate with each other in processing applications for the issuance, transfer, or amendment of a license for the construction and operation of a deepwater port.
(b) MARAD is responsible for issuing the Record of Decision to announce whether a license application is approved, approved with conditions, or denied, and for issuing, revoking, and reinstating deepwater port licenses. MARAD also has authority over the approval of fees charged by Adjacent Coastal States, and certain matters relating to international policy, civil actions, and suspension or termination of licenses.
(c) The Secretary of Transportation has delegated authority over pipeline matters to the Pipeline Hazardous Materials and Safety Administration.
(d) The Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, Bureau of Ocean Energy Management (BOEM) in the Department of Interior, and other Federal agencies are designated as cooperating agencies and support the Coast Guard and MARAD in the review and evaluation of deepwater port license applications. You can view the interagency memorandum of understanding (MOU) outlining the relative roles and responsibilities of these and other Federal agencies at: http://www.uscg.mil/hq/G-P/mso/docs/
§ 148.5 How are terms used in this subchapter defined?
As used in this subchapter:
Act means the Deepwater Port Act of 1974, as amended (codified at 33 U.S.C. 1501 et seq.).
Adjacent Coastal State means any coastal State which:
(1) Would be directly connected by pipeline to a deepwater port, as proposed in an application;
(2) Would be located within 15 miles of any such proposed deepwater port; or
(3) Is designated as an Adjacent Coastal State by MARAD under 33 U.S.C. 1508(a)(2).
Affiliate means a person:
(1) That has a direct or indirect ownership interest of more than 3 percent in an applicant;
(2) That offers to finance, manage, construct, or operate the applicant’s deepwater port to any significant degree;
(3) That owns or controls an applicant or an entity under paragraphs (1) or (2) of this definition; or
(4) That is owned or controlled by, or under common ownership with, an applicant or an entity under paragraphs (1), (2), or (3) of this definition.
Applicant means a person that is the owner of a proposed deepwater port and is applying for a license under this part for that port.
Application means an application submitted under this part for a license to own, construct, and operate a deepwater port.
Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of 46 CFR chapter I, subchapter Q, the approval series corresponds to the number of the subpart. A list of approved equipment, including all of the approval series, is available at: http://cgmix.uscg.mil/Equipment.
Approved means approved by the Commandant (CG-5P).
Area to be avoided or ATBA means a routing measure comprising an area within defined limits in which either navigation is particularly hazardous or it is exceptionally important to avoid casualties and should be avoided by all ships or certain classes of vessels. An ATBA may be either recommended (“recommendatory”) or mandatory. An ATBA is recommendatory when ships are advised to navigate with caution in light of specially hazardous conditions. An ATBA is mandatory when navigation is prohibited or subject to a competent authority’s conditions. ATBAs for deepwater ports are recommendatory.
Barrel means 42 U.S. gallons (approximately 159 liters) at atmospheric pressure and 60 °F (approximately 15.56 °C).
Captain of the Port or COTP means a Coast Guard officer who commands a Captain of the Port zone described in part 3 of this chapter and who is immediately responsible for enforcing port safety and security and marine environmental protection regulations within that area.
Certified industrial hygienist means an industrial hygienist who is certified by the American Board of Industrial Hygiene.
Certified marine chemist means a marine chemist who is certified by the National Fire Protection Association.
Certifying entity or CE means any individual or organization, other than the operator, permitted by the Commandant (CG-5P) to act on behalf of the Coast Guard pursuant to section 148.8 of this subpart. The activities may include reviewing plans and calculations for construction of deepwater ports, conducting inspections, witnessing tests, and certifying systems and/or components associated with deepwater ports as safe and suitable for their intended purpose.
Citizen of the United States means:
(1) Any person who is a United States citizen by law, birth, or naturalization;
(2) Any State, State agency, or group of States; or
(3) Any corporation, partnership, or other association:
(i) That is organized under the laws of any State;
(ii) Whose president, chairman of the board of directors, and general partners or their equivalents, are persons described in paragraph (1) of this definition; and
(iii) That has no more of its directors who are not persons described in paragraph (1) of this definition than constitute a minority of the number required for a quorum to conduct the business of the board of directors.
Coastal environment means the coastal waters including the lands in and under those waters, internal waters, and the adjacent shorelines including waters in and under those shorelines. The term includes, but is not limited to:
(1) Transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches;
(2) Fish, wildlife, and other living resources of those waters and lands; and
(3) The recreational and scenic values of those lands, waters, and resources.
Coastal State means a State of the United States in or bordering the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
Commandant (CG-5P) means the Assistant Commandant for Prevention, or that individual’s authorized representative, at Commandant (CG-5P), Attn: Assistant Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
Confined space means a space that may contain a dangerous atmosphere, including a space that:
(1) Has poor natural ventilation, such as a space with limited openings, for example a cofferdam or double bottom tank; or
(2) Is not designed for continuous occupancy by personnel.
Construction means supervising, inspecting, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components. The term includes, but is not limited to, fabrication, laying of pipe, pile driving, bulk heading, alterations, modifications, and additions to the deepwater port.
Control means the direct or indirect power to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise.
Crude oil means a mixture of hydrocarbons that exists in the liquid phase in natural underground reservoirs, and remains liquid at atmospheric pressure after passing through surface separating facilities, and includes:
(1) Liquids technically defined as crude oil;
(2) Small amounts of hydrocarbons that exist in the gaseous phase in natural underground reservoirs but are liquid at atmospheric pressure after being recovered from oil well (casing head) gas in lease separators; and
(3) Small amounts of non-hydrocarbons produced with the oil.
Dangerous atmosphere means an atmosphere that:
(1) May expose personnel to the risk of death, incapacitation, injury, or acute illness; or
(2) May impair ability to escape from the atmosphere unaided.
Deepwater port:
(1) Means any fixed or floating manmade structures other than a vessel, or any group of structures, located beyond State seaward boundaries that are used or are intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to any State, except as otherwise provided in the Deepwater Port Act of 1974, as amended, and for other uses not inconsistent with the purposes of the Deepwater Ports Act, including transportation of oil or natural gas from the United States’ OCS;
(2) Includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities, to the extent that they are located seaward of the high water mark;
(3) Includes, in the case of natural gas, all components and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, and similar facilities which are proposed and/or approved for construction and operation as part of the deepwater port, to the extent that they are located seaward of the high water mark and do not include interconnecting facilities; and
(4) Must be considered a “new source” for purposes of the Clean Air Act, as amended (codified at 42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act, as amended (codified at 33 U.S.C. 1251 et seq.).
District commander means an officer who commands a Coast Guard district described in part 3 of this chapter, or that individual’s authorized representative.
Emergency medical technician means a person trained and certified to appraise and initiate the administration of emergency care for victims of trauma or acute illness before or during transportation of the victims to a health care facility via ambulance, aircraft or vessel.
Engineering hydrographic survey means a detailed geological analysis of seabed soil samples performed to determine the physical composition, for example the mineral content, and structural integrity for the installation of offshore components and structures.
Governor means the governor of a State or the person designated by State law to exercise the powers granted to the governor under the Act.
Gross under keel clearance means the distance between the keel of a tanker and the ocean bottom when the tanker is moored or anchored in calm water free of wind, current, or tide conditions that would cause the tanker to move.
Hose string means the part of a single point mooring connection for oil or natural gas transfer made out of flexible hose of the floating or float/sink type that connects the tanker’s manifold to the single point mooring.
Hot work means work that produces heat or fire, such as riveting, welding, burning, or other fire-or spark-producing operations.
Lease block means an area established either by the Secretary of the Interior under section 5 of the OCS Lands Act, 43 U.S.C. 1334, or by a State under section 3 of the Submerged Lands Act, 43 U.S.C. 1311.
License means a license issued under this part to own, construct, and operate a deepwater port.
Licensee means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed under this subchapter.
Marine environment includes:
(1) The coastal environment, waters of the contiguous zone, the Exclusive Economic Zone, and the high seas;
(2) Fish, wildlife, and other living resources of those waters; and
(3) The recreational and scenic values of those waters and resources.
Marine site means the area in which the deepwater port is located, including the safety zone and all areas seaward of the high water mark in which associated components and equipment of the deepwater port are located.
Maritime Administration or MARAD means the Administrator of the Maritime Administration or that person’s designees, and includes the Associate Administrator, Port, Intermodal and Environmental Activities, Maritime Administration, or that individual’s authorized representative, at 400 Seventh Street, SW., Washington, DC 20590, telephone 202-366-4721.
Metering platform means a manned or unmanned platform consisting of either a fixed or floating structure that serves as an interchange site for measuring the rate of transfer of natural gas from vessel to pipeline.
Natural gas means either natural gas, unmixed, or any mixture of natural or artificial gas, including compressed or liquefied natural gas.
Natural gas liquids means liquid hydrocarbons associated with or extracted from natural gas, for example ethane, propane and butane extracted from natural gas.
Net under keel clearance means the distance between the keel of a tanker and the ocean bottom when the tanker is underway, anchored, or moored, and subject to actual wind, waves, current, and tide motion.
No anchoring area or NAA means a routing measure comprising an area within defined limits where anchoring is hazardous or could result in unacceptable damage to the marine environment. Anchoring in a no anchoring area should be avoided by all vessels or certain classes of vessels, except in case of immediate danger to the vessel or the person on board.
Officer in Charge of Marine Inspection or OCMI means an individual who commands a marine inspection zone described in part 3 of this chapter, and who is immediately responsible for the performance of duties with respect to inspections, enforcement, and administration of regulations governing a deepwater port.
Offshore competent person means an individual trained and designated by his or her employer in matters relating to confined space pre-entry testing and certification at a deepwater port, prior to entry. An offshore competent person should demonstrate proficiency in the following criteria:
(1) Hazard description and recognition;
(2) Hazard evaluation and measurement;
(3) Hazard prevention;
(4) Control and elimination; and
(5) Practical application simulation.
Oil means petroleum, crude oil, and any substance refined from petroleum or crude oil.
Operator means the person who is licensed under 33 U.S.C. 1503 to own, construct, and operate a deepwater port, or that person’s designee.
Person means an individual, a public or private corporation, a partnership or other association, or a government entity.
Person in Charge (PIC) means an individual designated as a person in charge of transfer operations under § 154.710 for oil facilities or § 127.301 for liquefied natural gas (LNG) facilities. Within this subchapter, other references to person in charge, without the use of the acronym PIC, will mean a person in charge of an operation other than transfer operations.
Personnel means individuals who are employed by licensees, operators, contractors, or subcontractors, and who are on a deepwater port because of their employment.
Pipeline end manifold means the pipeline end manifold at a single point mooring.
Platform means a fixed for floating structure that rests on or is embedded in the seabed or moored in place and that has floors or decks where an activity or specific function may be carried out.
Pumping platform complex means a platform or a series of interconnected platforms, exclusive of a deepwater port, consisting of one or more single point moorings or submerged turret loading buoys that can pump oil or natural gas and that has one or more of the following features or capabilities:
(1) Can handle the mooring and loading of small vessels;
(2) Has berthing and messing facilities; and
(3) Has a landing area for helicopters.
Reconnaissance hydrographic survey means a scientific study of fresh and saltwater bodies, currents and water content, cultural resources, seabed soils and subsea conditions, for example existing pipelines or subsea wells. A visual representation of the survey findings is normally depicted on a chart of the examined area.
Routing systems means any system of one or more vessel routes or routing measures aimed at reducing the risk of casualties. It includes traffic separation schemes, two-way routes, recommended tracks, areas to be avoided, no anchoring areas, inshore traffic zones, roundabouts, precautionary areas and deepwater routes.
Safety zone means a safety zone established around a deepwater port under part 150, subpart J, of this chapter. The safety zone may extend to a maximum distance of 500 meters (approximately 1,640 feet) around the facility, measured from each point on its outer edge or from its construction site, except as authorized by generally accepted international standards or as recommended by the International Maritime Organization. However, the zone may not interfere with the use of recognized sea lanes.
Single point mooring or SPM means an offshore berth that links an undersea pipeline to a moored tanker and allows for the transfer of oil or natural gas between the tanker and the pipeline.
Single point mooring oil transfer system or SPM-OTS means the part of the oil transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker’s manifold.
Single (or multiple) point mooring natural gas transfer system or SPM-NGTS (or MPM-NGTS) means the part of the natural gas transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker’s manifold.
State includes each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
Support vessel means a vessel working for a licensee at a deepwater port or cleared by a licensee to service a tanker calling at a deepwater port, and includes a:
(1) Tug;
(2) Line-handling boat;
(3) Crew boat;
(4) Supply vessel;
(5) Bunkering vessel;
(6) Barge; or
(7) Other similar vessel.
Survival craft means a craft described in § 149.303 of this subchapter.
Tanker means a vessel that calls at a deepwater port to unload oil or natural gas.
Vessel means every description of watercraft, including non-displacement craft e.g., wing-in-ground (WIG) craft, seaplanes) capable of being used, as a means of transportation on or through the water.
§ 148.8 How are certifying entities designated and used for purposes of this subchapter?
(a) Applicants and licensees may nominate a certifying entity (CE) for the performance of tasks for which the Coast Guard is responsible under this subchapter.
(b) Nominations may be made at any time after the Maritime Administration issues a record of decision approving the application, and must include the following information for each nominee:
(1) The specific functions or tasks to be performed by the nominee;
(2) Name and address;
(3) Size and type of organization or corporation;
(4) Previous experience as a CE, certified verification agent, or similar third-party representative;
(5) Experience in design, fabrication, or installation of fixed offshore oil and gas platforms, similar fixed, floating, or gravity-based structures and project-related structures, systems, and equipment;
(6) Technical capabilities, including professional certifications and organizational memberships of the nominee or the primary staff to be associated with the CE’s duties for the specific project;
(7) In-house availability of, or access to, appropriate technology such as computer modeling programs and hardware or testing materials and equipment;
(8) Ability to perform and effectively manage the duties for which it is nominated considering current resource availability;
(9) Previous experience with regulatory requirements and procedures;
(10) A statement signed by the nominee’s chief officer or that person’s designee that the nominee:
(i) Is not owned or controlled by the designer, manufacturer, or supplier of any equipment, material, system, or subsystem that would be the subject of the nominee’s duties, or by any manufacturer of similar equipment or material; and that
(ii) The nominee will allow access to an official representative of the Coast Guard, upon request, to facilities or records that relate to its duties; and
(11) A list of documents and certifications to be furnished to the Coast Guard by the nominee.
(c) The Commandant (CG-5P) may accept or reject the nomination of a CE and will provide guidance and oversight to each CE. The Commandant (CG-5P) may terminate the acceptance of a CE at any time.
Subpart B—Application for a License
§ 148.100 What is the purpose of this subpart?
This subpart describes how to apply for a license to own, construct, and operate a deepwater port.
§ 148.105 What must I include in my application?
Your application must include the information required by this section.
(a) General. For each applicant, affiliate, and consultant:
(1) The name, address, telephone number, citizenship, and principal business activity of the applicant and its affiliates;
(2) The name, address, and principal business activity of each subsidiary, division of the applicant, or its affiliates that participated in the decision to apply for a license to build a deepwater port;
(3) A description of how each affiliate is associated with the applicant, and of the ownership interest each affiliate has in the applicant;
(4) A list of the applicant’s corporate officers and directors, and each affiliate that participated in the decision to apply for a license;
(5) A statement for each applicant or affiliate, providing complete and detailed information on any civil or criminal legal proceeding during the preceding 5 years that relates to, or that could materially affect, information in the license application; and,
(6) A declaration by the applicant that neither the applicant nor its affiliate has engaged in any lobbying activities that are prohibited by 31 U.S.C. 1352 or any other applicable Federal anti-lobbying statute.
(b) Experience in matters relating to deepwater ports. (1) A description of the applicant’s, affiliate’s, and consultant’s experience in offshore operations, particularly operations involving the transfer and storage of liquid cargo, and the loading and unloading of vessels.
(2) For each affiliate that has a significant contract with the applicant for construction of the deepwater port, a description of that affiliate’s experience in construction of marine terminal facilities, offshore structures, underwater pipelines, and seabed foundations; in addition to a description of other experiences that would bear on the affiliate’s qualification to participate in the construction of a deepwater port.
(c) Engineering firms. For each engineering firm, if known, that will design the deepwater port or a portion of the port, the application must include the firm’s:
(1) Name;
(2) Address;
(3) Citizenship;
(4) Telephone number; and
(5) Qualifications.
(d) Citizenship and operating authority. For each applicant or group of applicants, provide:
(1) An affidavit that the applicant is a citizen of the United States;
(2) For State agency applicants, the law authorizing the applicant to undertake the operations detailed in the application;
(3) For private corporation applicants, the current charter or certificate of incorporation and current by-laws; and affidavits of U.S. or foreign citizenship from the president, chairman of the board, and each director or their equivalents; for limited liability companies, the equivalent organizational documents, and affidavits from the members of the Board of Managers, and members; and
(4) For partnerships, including limited liability partnerships, or associations not formed or owned solely by individual citizens of the United States, the certificate of formation; the partnership agreement or articles of association; the current by-laws; the minutes of the first board meeting; and affidavits of U.S. or foreign citizenship from the president and each director, or their equivalents.
(e) Address for service of documents. The name and address of one individual who may be served with documents if a formal hearing is held concerning the application, and the name and address of one individual who may receive other documents.
(f) Location and use. The proposed location and capacity of the deepwater port, a general description of the anticipated use of the deepwater port, and whether access will be open or closed.
(g) Financial information. (1) For the applicant, each affiliate with an ownership interest in the applicant of greater than 3 percent, and affiliates which have a direct contractual relationship with the deepwater port:
(i) Annual financial statements, audited by an independent certified public accountant, for the previous 3 years, including, but not limited to, an income statement, balance sheet, and cash flow statement with footnote disclosures prepared according to U.S. Generally Accepted Accounting Principles; provided, however, that the Commandant (CG-5P), in concurrence with MARAD, may waive this requirement upon finding:
(A) That the affiliate does not, in the normal course of business, produce audited statements; and
(B) That the affiliate is part of a larger corporate group whose audited statement provides sufficient information to support an adequate assessment of the affiliate’s relationship with and impact on the applicant; and
(ii) Interim income statements and balance sheets for each quarter that ends at least 30 days before submission of the application, unless it is included in the most recent annual financial statement.
(2) An estimate of construction costs, including:
(i) A phase-by-phase breakdown of costs;
(ii) The estimated completion dates for each phase; and
(iii) A preliminary estimate of the cost of removing all of the deepwater port marine components, including pipelines that lie beneath the seabed. The operator of a deepwater port is responsible for the costs associated with removal of all deepwater port components. Should a license be granted, MARAD will require a bond, guarantee, or other financial instrument to cover the complete cost of decommissioning as a condition of the license.
(3) Annualized projections or estimates, along with the underlying assumptions, for the next 5 years and at reasonable intervals throughout the life of the deepwater port, of each of the following:
(i) Total oil or natural gas throughput, and subtotals showing throughput owned by the applicant and its affiliates and throughput owned by others;
(ii) Projected financial statements, including a balance sheet and income statement; and
(iii) Annual operating expenses, showing separately any payment made to an affiliate for any management duties carried out in connection with the operation of the deepwater port.
(4) A copy of all proposals or agreements concerning the management and financing of the deepwater port, including agreements relating to throughputs, capital contributions, loans, guarantees, commitments, charters, and leases.
(5) The throughput reports for the calendar year preceding the date of the application, for the applicant and each of the applicant’s affiliates engaged in producing, refining, or marketing oil or natural gas and natural gas liquids, along with a copy of each existing or proposed throughput agreement. Each throughput report must list the throughput of the following products:
(i) Crude oil; and if crude oil is the only product the port is designed to transport, the throughput report may be limited to reporting crude oil;
(ii) Gasoline;
(iii) Jet aviation fuel;
(iv) Distillate fuel oils;
(v) Other refinery products;
(vi) Natural gas; and
(vii) Natural gas liquids.
(h) Construction contracts and construction-related studies. (1) A copy of each contract that the applicant made for the construction of any component of the deepwater port or for the operation of the port.
(2) A listing and abstract of:
(i) All completed or ongoing studies on deepwater ports conducted by or for the applicant; and
(ii) All other construction-related studies used by the applicant.
(3) The identity of each contractor, if known, that will construct or install the deepwater port or a portion of the port, including each firm’s:
(i) Name;
(ii) Address;
(iii) Citizenship;
(iv) Telephone number; and
(v) Qualifications.
(i) Compliance with Federal water pollution requirements. (1) Evidence, to the extent available, that the requirements of section 401(a)(1) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. If complete information is not available by the time MARAD must either approve or deny the application under 33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned upon the applicant demonstrating that the requirements of section 401(a)(1) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be satisfied.
(2) In cases where certification under 33 U.S.C. 1341(a)(1) must be obtained from the Environmental Protection Agency Administrator, the request for certification, and pertinent information, such as plume modeling, related to the certification.
(j) Coastal zone management. A request for each certification required by section 307 of the Coastal Zone Management Act of 1972, 16 U.S.C. 1456, as amended.
(k) Identification of lease block. (1) Identification of each lease block where any part of the proposed deepwater port or its approaches is located. This identification must be made on official Outer Continental Shelf leasing maps or protraction diagrams, where available. Each map and diagram must be certified by a professional surveyor. For each lease block, provide the following:
(i) A description of each pipeline, or other right-of-way crossing, in enough detail to allow plotting of the rights-of-way to the nearest one-tenth of a second in latitude and longitude; and
(ii) The identity of the lessee or grantee of each pipeline or other right-of-way.
(2) Detailed information concerning any interest that anyone, including the applicant, has in each block.
(3) Detailed information concerning the present and planned use of each block.
(l) Overall site plan. Single-line drawings showing the location and type of each component of the proposed deepwater port and its necessary facilities, including:
(1) Floating structures;
(2) Fixed structures;
(3) Aids to navigation;
(4) Manifold systems; and
(5) Onshore storage areas, pipelines, and refineries.
(m) Site plan for marine components. A site plan consisting of the following:
(1) The proposed size and location of all:
(i) Fixed and floating structures and associated components seaward of the high water mark, only if the proposal does not involve a connected action, for example, installation of new pipeline extending inshore of the state boundary line;
(ii) Recommended ships’ routing measures and proposed vessel traffic patterns in the deepwater port area, including aids to navigation; and
(iii) Recommended anchorage areas and, for support vessels, mooring areas; and
(2) A reconnaissance hydrographic survey of the proposed marine site. This survey should provide data on the water depth, prevailing currents, cultural resources, and a general characterization of the sea bottom. A requirement to submit an engineering hydrographic survey of the final marine site will be imposed as a condition in the license. The latter survey will require more extensive analysis of the soil, and detailed study to determine its physical composition, such as minerals, and if the sea bottom can support fixed components comprising a deepwater port. The applicant may submit existing data, gathered within the previous 5 years, but it must be supplemented by field data for the specific locations in which a high degree of variability exists.
(n) Soil data. An analysis of the general character and condition of the ocean bottom, sub-bottom, and upland soils throughout the marine site. The applicant may use existing data, so long as it was collected within the last 5 years and continues to provide accurate information about conditions throughout the site. If not, a new survey must be completed to provide supplemental data. The analysis must include an opinion by a registered professional engineer specializing in soil mechanics concerning:
(1) The suitability of the soil to accommodate the anticipated design load of each marine component that will be fixed to or supported on the ocean floor; and
(2) The stability of the seabed when exposed to environmental forces resulting from severe storms or lesser forces that occur over time, including any history of accretion or erosion of the coastline near the marine site.
(o) Archeological information. An analysis of the information from the reconnaissance hydrographic survey by a qualified underwater archeologist to determine the historical or other significance of the area where the site evaluation and pre-construction testing activities were conducted. The analysis must meet standards established by the Bureau of Ocean Energy Management (BOEM) for activities on the Outer Continental Shelf, or an alternative standard that has been submitted to and approved by the Coast Guard. The survey must include the areas potentially affected by the deepwater port, or any other associated platforms, and its pipeline routes.
(p) Vessel information. (1) The nation of registry for, and the nationality or citizenship of, officers and crew serving on board vessels transporting natural gas that are reasonably anticipated to be servicing the deepwater port; and
(2) Description of the information that will be provided in the operations manual pertaining to vessel operations, vessel characteristics, and weather forecasting.
(q) Information on floating components. (1) A description and preliminary design drawing of each floating component, including the hoses, anchoring or securing structure, and navigation lights if the component is a mooring buoy.
(2) The criteria, developed under part 149 of this chapter, to which each floating component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice that will be applied.
(5) A description of safety, firefighting, and pollution prevention equipment to be used on each floating component.
(6) A description of the lighting that will be used on floating hoses, for night detection.
(r) Information on dedicated fixed offshore components. (1) A description and preliminary design drawing for each dedicated fixed offshore component.
(2) The design criteria, developed under part 149 of this chapter, to which each fixed offshore component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be followed.
(5) A description of the following equipment that will be installed:
(i) Navigational lighting;
(ii) Safety equipment;
(iii) Lifesaving equipment;
(iv) Firefighting equipment;
(v) Pollution prevention equipment, excluding response equipment which must be outlined in the facility response plan; and
(vi) Waste treatment equipment.
(6) A description and preliminary design drawing of the following:
(i) The cargo pumping equipment;
(ii) The cargo piping system;
(iii) The control and instrumentation system; and
(iv) Any associated equipment, including equipment for oil or natural gas throughput measuring, leak detection, emergency shutdown, and the alarm system.
(7) The personnel capacity of each deepwater port pumping platform complex.
(s) Refurbished Outer Continental Shelf facilities and co-located fixed offshore components. (1) A description and preliminary design drawing for each such facility or component.
(2) The design criteria, developed under part 149 of this chapter, to which each facility or component will be designed and built or modified;
(3) The design standards and codes to be used;
(4) The title of each recommended engineering practice to be followed;
(5) A description of the following equipment to be installed or refurbished:
(i) Navigational lighting;
(ii) Safety equipment;
(iii) Lifesaving equipment;
(iv) Firefighting equipment;
(v) Pollution prevention equipment, excluding response equipment which must be outlined in the facility response plan;
(vi) Waste treatment equipment; and
(vii) Cathodic protection.
(6) A description and preliminary design drawing of the following:
(i) The cargo pumping equipment;
(ii) The cargo piping system;
(iii) The control and instrumentation system; and
(iv) Any associated equipment, including equipment for oil or natural gas throughput measuring, leak detection, emergency shutdown, and the alarm system.
(7) The personnel capacity of each deepwater port pumping platform complex.
(t) Information on offshore pipelines. (1) A description and preliminary design drawing of the marine pipeline, including:
(i) Size;
(ii) Throughput capacity;
(iii) Length;
(iv) Depth of cover; and
(v) Protective devices.
(2) The design criteria to which the marine pipeline will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be followed.
(5) A description of the metering system that will measure flow rate.
(6) Information concerning all submerged or buried pipelines that will be crossed by the offshore pipeline, and how each crossing will be made.
(7) Information on the pipeline that will connect to the deepwater port, including a detailed analysis that shows throughput and capacity rates of all pipelines involved in the transport of product to shore.
(u) Information about onshore components. To the extent known by the applicant:
(1) A description of the location, capacity, and ownership of all planned and existing onshore pipelines, storage facilities, refineries, petrochemical facilities, and transshipment facilities that will be served by the deepwater port. Crude oil or natural gas gathering lines and lines wholly within a deepwater port must be included in data about onshore components only if specifically required. Entry points and major connections between lines and with bulk purchasers must be included.
(2) A chart showing the location of all planned and existing facilities that will be served by the deepwater port, including:
(i) Onshore pipelines;
(ii) Storage facilities;
(iii) Refineries;
(iv) Petrochemical facilities; and
(v) Transshipment facilities.
(3) A copy of all proposals or agreements with existing and proposed refineries that will receive oil transported through the deepwater port, the location and capacity of each such refinery, and the anticipated volume of such oil to be refined by each such refinery.
(v) Information on miscellaneous components. (1) A description of each radio station or other communications facility to be used during construction and operation of the deepwater port and its proposed concept of operation.
(2) A description of the radar navigation system to be used in operation of the deepwater port outlined in the operations manual.
(3) A description of the method that will be used for bunkering vessels using the deepwater port.
(4) A brief description of the type, size, and number of vessels that will be used in bunkering, mooring, and servicing the vessels using the deepwater port.
(5) A description and location of the shore-based support facilities, if any, that will be provided for vessels that will be used in bunkering, mooring, and servicing the vessels using the deepwater port; or that serve as offices or facilities in support of the deepwater port operations.
(6) A copy of the actual radio station license, or, if not available, a copy of the application sent to the Federal Communications Commission, if available.
(w) Construction procedures. A description of the method and procedures to be used in constructing each component of the deepwater port, for example shoreside fabrication, assembly and support, including anticipated dates of completion for each specific component during each phase of construction.
(x) Operations manual. A draft of the operations manual for the proposed deepwater port, containing the information under § 150.15 of this subchapter, must demonstrate the applicant’s ability to operate the deepwater port safely and effectively. To the extent that circumstances are similar, this demonstration can be in the form of evidence appended to the draft operations manual of the applicant’s participation in the safe and effective management or operation of other offshore facilities, for example, evidence of compliance with BOEM requirements for those facilities. If the information required for the manual is not available, state why it is not and when it will be available.
(y) Risk and consequence assessment. Data to support an independent, site-specific analysis to assess the risks and consequences of accidental and intentional events that compromise cargo containment. At minimum, potential events that result in liquefied natural gas or oil spill, vapor dispersion and/or fire will be analyzed. The Coast Guard will utilize validated models, for example computational fluid dynamics or an equivalent model. The applicant may consult with Commandant (CG-5) to ensure that appropriate assessment procedures are used.
(z) Environmental evaluation. An analysis, sufficient to meet the requirements of the National Environmental Policy Act, and as outlined in subpart G of this part, of the potential impacts on the natural and human environments, including sufficient information that complies with all applicable Federal, tribal, and State requirements for the protection of the environment.
(aa) Aids to navigation. (1) For each proposed aid to navigation, the proposed position of the aid, described by latitude and longitude coordinates to the nearest second or tenth of a second, as determined from the largest scale chart of the area in which the aid is to be located. Specify latitude and longitude to a level obtained by visual interpolation between the finest graduation of the latitude and longitude scales on the chart.
(2) For each proposed obstruction light and rotating lit beacon:
(i) Color;
(ii) Characteristic;
(iii) Effective intensity;
(iv) Height above water; and
(v) General description of the illumination apparatus.
(3) For each proposed sound signal on a structure, a general description of the apparatus.
(4) For each proposed buoy:
(i) Shape;
(ii) Color;
(iii) Number or letter;
(iv) Depth of water in which located; and
(v) General description of any light and/or sound signal apparatus on the buoy.
(5) For the proposed radar beacon, or RACON, height above water and a general description of the apparatus.
(bb) National Pollutant Discharge Elimination System (NPDES). A copy of the NPDES Application for Permit to Discharge Short Form D, for applying for a discharge permit from the Environmental Protection Agency (EPA) and any accompanying studies and analyses. If complete information is not available by the time MARAD must either approve or deny the application for a designated application area under 33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned upon the applicant receiving the required discharge permit from the EPA before the start of any discharge requiring such a permit. The issuance of the permit demonstrates that all potential water discharges have been satisfactorily analyzed and water quality control measures implemented to mitigate discharges to meet NPDES.
(cc) Structures’ placement and the discharge of dredged or fill material. The information required to obtain a Department of the Army permit for placement of structures and the discharge of dredged or fill material.
(dd) Additional Federal authorizations. All other applications for Federal authorizations not listed elsewhere in this subpart that are required for ownership, construction, and operation of a deepwater port.
(ee) Sworn statement. A statement that the information in the application is true must be placed at the end of the application, sworn to before a notary public, and signed by a responsible applicant official.
§ 148.107 What additional information may be required?
(a) The Commandant (CG-5P), in coordination with MARAD, may require the applicant or the applicant’s affiliates to file, as a supplement to the application, any analysis, explanation, or other information the Commandant (CG-5P) deems necessary.
(b) The Commandant (CG-5P) may require the applicant or the applicant’s affiliates to make available for Coast Guard examination, under oath or for interview, persons having, or believed to have, necessary information.
(c) The Commandant (CG-5P) may set a deadline for receiving the information.
(1) If the applicant states that the required information is not yet available but will be at a later date, the Commandant (CG-5P) may specify a later deadline.
(2) If a requirement is not met by a deadline fixed under this paragraph, the Commandant (CG-5P), in coordination with MARAD, may determine whether compliance with the requirement is important to processing the application within the time prescribed by the Act.
(3) If the requirement is important to processing the application within the time limit set by the Act, the Commandant (CG-5P) may recommend to the Maritime Administrator that he or she either not approve the application or suspend it indefinitely. The deadline for the Administrator’s review under the Act is extended for a period of time equal to the time of the suspension.
§ 148.108 What if a Federal or State agency or other interested party requests additional information?
(a) Any Federal or State agency or other interested person may recommend that the applicant provide information that is not specified by this subchapter.
(b) Recommendations must state briefly why the information is needed.
(c) The Commandant (CG-5P) must receive the request prior to the closing dates for the comment periods for scoping, and the draft or final environmental impact statement or environmental assessment. MARAD will consider the request before making a final decision on whether or not to approve the license application.
(d) The Commandant (CG-5P) will consider whether:
(1) The information requested is essential for processing the license application; and
(2) The time and effort required by the applicant in gathering the information will result in an undue delay in the application process.
(e) The Commandant (CG-5P) may discuss the recommendation with the recommending person and the applicant prior to issuing a determination.
§ 148.110 How do I prepare my application?
(a) Any person may confer with the Commandant (CG-5P) concerning requirements contained in this part for the preparation of an application or the requirements of this subchapter.
(b) The applicant may incorporate, by clear and specific reference in the application:
(1) Standard reference material that the applicant relied on that is readily available to Federal and State agencies;
(2) Current information contained in previous applications or reports that the applicant has submitted to the application staff; or
(3) Current information contained in a tariff, report, or other document previously filed for public record with the Surface Transportation Board or the Securities and Exchange Commission, if:
(i) A certified true and complete copy of the document is attached to each copy of the application as required by § 148.115(a) of this part;
(ii) The date of filing and the document number are on the cover of the document; and
(iii) Any verification or certification required for the original filing, other than from auditors or other independent persons, is dated no earlier than 30 days before the date of the application.
§ 148.115 How many copies of the application must I send and where must I send them?
Send the following copies of the application:
(a) Two printed copies and three electronic versions to the Commandant (CG-5P), Attn: Assistant Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
(b) Two printed copies and two electronic versions to the MARAD Administrator, 400 7th Street SW., Washington, DC 20590.
(c) One copy to the U.S. Army Corps of Engineers District Office having jurisdiction over the proposed deepwater port. For the address, see http://www.usace.army.mil/.
(d) Additional printed and electronic copies for distribution to Federal, tribal, and State regulatory agencies involved in reviewing the application in accordance with the needs of each agency.
§ 148.125 What are the application fees?
(a) The applicant must submit a nonrefundable application fee of $350,000 with each application for a license. If additional information is necessary to make an application complete, no additional application fee is required.
(b) The costs incurred by the Federal Government in processing an application will be charged to the application fee until it is exhausted. If the fee is exhausted and the Federal Government incurs further processing costs, the applicant will be charged for the additional costs. The Commandant (CG-5P) will periodically advise the applicant of the status of expenses incurred during the application process.
(c) Additional costs attributable to processing a deepwater port license application and post-license activities, for example the engineering plan review or development of the final operations manual, are due when they are assessed, and must be paid by the applicant prior to commencing operation of the deepwater port.
(d) Application fees and additional costs assessed under this section must be made payable to the United States Treasury, and submitted to the Commandant (CG-5P).
Subpart C—Processing Applications
General
§ 148.200 What is the purpose of this subpart?
This subpart prescribes the requirements for processing an application for a deepwater port license.
It includes the procedures for:
(a) Maintaining the docket;
(b) Designating Adjacent Coastal States;
(c) Holding informal and formal public hearings; and
(d) Approving or denying an application.
(a) The Commandant (CG-5P) maintains the docket for each application.
(1) The docket contains a copy of all documents filed or issued as part of the application process.
(2) Recommendations submitted by Federal departments and agencies under 33 U.S.C. 1504(e)(2) are docketed when they are received.
(3) Copies of applicable National Environmental Policy Act documents prepared under 33 U.S.C. 1504(f) are docketed when they are sent to the Environmental Protection Agency.
(b) For a document designated as protected from disclosure under 33 U.S.C. 1513(b), the Commandant (CG-5P):
(1) Prevents the information in the document from being disclosed, unless the Commandant (CG-5P) states that the disclosure is not inconsistent with 33 U.S.C. 1513(b); and
(2) Keeps a record of all individuals who have a copy of the document.
§ 148.207 How and where may I view docketed documents?
(a) All material in a docket under § 148.205 of this part is available to the public for inspection and copying at Commandant (CG-5P) at the address under “Commandant (CG-5P)” in § 148.5 of this part, except for—
(1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or operation of a deepwater port; and
(2) Material designated under paragraph (b) of this section as a trade secret, or commercial or financial information that is claimed to be privileged or confidential.
(b) A person submitting material that contains either a trade secret or commercial or financial information under paragraph (a)(2) of this section must designate those portions of the material that are privileged or confidential. Section 148.221 contains procedures for objecting to these claims.
(c) Docketed material for each deepwater port project is also available to the public electronically at the Federal Docket website at www.regulations.gov. The projects are also listed by name and the assigned docket number at the CG-OES-2 website: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/Office-of-Operating-and-Environmental-Standards/vfos12/.
§ 148.209 How is the application processed?
The Commandant (CG-5P), in cooperation with MARAD, processes each application and MARAD publishes the notice of application under 33 U.S.C. 1504(c) in the
(a) Each Federal agency with jurisdiction over any aspect of ownership, construction, or operation of deepwater ports. A complete listing of the Federal agencies involved with deepwater port licensing is outlined in the Deepwater Port Interagency MOU available at the following hyperlink: https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Operating%20and%20Environmental%20Standards/OES-2/DWP/dwp_white_house_task_force_energy_streamlining.pdf?ver=2017-07-26-102702-223
(b) Each Adjacent Coastal State, including relevant State and tribal agencies in those Adjacent Coastal States.
§ 148.211 What must I do if I need to change my application?
(a) If at any time before the Secretary approves or denies an application, the information in it changes or becomes incomplete, the applicant must promptly submit the changes or additional information in the manner set forth in § 148.115 of this part.
(b) The Coast Guard may determine that the change or required information is of such magnitude that it warrants submission of a complete revised application.
§ 148.213 How do I withdraw my application?
The applicant may withdraw an application at any time before the proceeding is terminated by delivering or mailing notice of withdrawal to the Commandant (CG-5P) for docketing.
§ 148.215 What if a port has plans for a deep draft channel and harbor?
(a) If a State port will be directly connected by pipeline to a proposed deepwater port, and has existing plans for a deep draft channel and harbor, a representative of the port may request a determination under 33 U.S.C. 1503(d).
(b) The request must be sent, in writing, to the Commandant (CG-5P) within 30 days after the date that the notice of application for the deepwater port is published in the
(c) The request must contain:
(1) A signature of the highest official of the port submitting the request;
(2) A copy of the existing plans for the construction of a deep draft channel and harbor;
(3) Certification that the port has an active study by the Secretary of the Army for the construction of a deep draft channel and harbor, or that the port has an application pending for a permit under 33 U.S.C. 403 for the construction;
(4) Any available documentation on:
(i) Initial costs, by phases if development is staged, for the proposed onshore project, including dredging, ship terminal, and attendant facilities;
(ii) Estimated annual operating expenses, by phases if development is staged, including labor, for 30 years for all elements of the project;
(iii) Estimated completion time for all elements of the project;
(iv) Estimated vessel traffic volume, and the volume and variety of the tonnage;
(v) Potential traffic congestion conditions in the port, and the port’s ability to control vessel traffic as a result of the proposed dredging project;
(vi) Estimated economic benefits of the project, including:
(A) Economic contribution to the local and regional area;
(B) Induced industrial development;
(C) Increased employment; and
(D) Increases in tax revenues;
(vii) Environmental and social impacts of the project on the local and regional community; and
(viii) An estimate of the economic impact that the deepwater port license will have on the proposed project.
(d) A statement whether the port seeks a determination that the port best serves the national interest.
§ 148.217 How can a State be designated as an Adjacent Coastal State?
(a) Adjacent Coastal States are named in the notice of application published in the
(b) The request must:
(1) Be submitted in writing to the Commandant (CG-5P) within 14 days after the date of publication of the notice of application in the
(2) Be signed by the Governor of the State;
(3) List the facts and any available documentation or analyses concerning the risk of damage to the coastal environment of the State; and
(4) Explain why the State believes the risk of damage to its coastal environment is equal to or greater than the risk to a State connected by a pipeline to the proposed deepwater port.
(c) Upon receipt of a request, the Commandant (CG-5P) will send a copy of the State’s request to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and ask for the Administrator’s recommendations within an amount of time that will allow the Commandant (CG-5P) and the MARAD Administrator 45 days from receipt of the request to determine the matter.
(d) If after receiving NOAA’s recommendations the Commandant (CG-5P), in concurrence with MARAD Administrator, determines that the State should be considered an Adjacent Coastal State, the Commandant (CG-5P), in concurrence with the MARAD Administrator, will so designate it. If the Commandant (CG-5P), in concurrence with the MARAD Administrator, denies the request, he or she will notify the requesting State’s Governor of the denial.
§ 148.221 How do I claim, or object to a claim, that required information is privileged?
(a) Any person may claim that specific information required pursuant to this part should be withheld because it is privileged, and any person can object to that claim.
(b) Requests or objections must be submitted to the Commandant (CG-5P) in writing, with sufficient specificity to identify the information at issue, and to show why it should or should not be considered privileged.
(c) The Commandant (CG-5P) determines whether to grant or deny a claim of privilege.
(d) Submission of a claim stays any deadline for providing the information at issue, unless the claim is made pursuant to the protection for confidential information that is provided by 33 U.S.C. 1513(b), in which case deadlines are not stayed. The Commandant (CG-5P) may also determine that the information at issue is so material that processing of the application must be suspended pending the determination of the claim.
Public Hearings or Meetings
§ 148.222 When must public hearings or meetings be held?
(a) Before a license is issued, at least one public license hearing under 33 U.S.C. 1504(g) must be held in each Adjacent Coastal State. Other Federal statutes and regulations may impose additional requirements for public hearings or meetings, and if not otherwise prohibited, a hearing under this paragraph may be consolidated with any such additional hearing or meeting.
(b) The Commandant (CG-5P) or the MARAD Administrator will publish a notice of public hearings or meetings in the
(c) Anyone may attend a public hearing or meeting and provide relevant oral or written information. The presiding officer may limit the time for providing oral information.
§ 148.227 How is a public hearing or meeting reported?
(a) After completion of a public hearing or meeting, the presiding officer forwards a report on the hearing or meeting to the Commandant (CG-5P) for docketing.
(b) The report must contain at least:
(1) An overview of the factual issues addressed;
(2) A transcript or recording of the hearing or meeting; and
(3) A copy of all material submitted to the presiding officer.
(c) During the hearing or meeting, the presiding officer announces the information that the report must contain.
Formal Hearings
§ 148.228 What if a formal evidentiary hearing is necessary?
(a) After all public meetings under § 148.222 of this part are concluded, the Commandant (CG-5P), in coordination with the MARAD Administrator, will consider whether there are one or more specific and material factual issues that may be resolved by a formal evidentiary hearing.
(b) If the Commandant (CG-5P), in coordination with the MARAD Administrator, determines that one or more issues under paragraph (a) of this section exist, the Coast Guard will hold at least one formal evidentiary hearing under 5 U.S.C. 554 in the District of Columbia.
(c) The Commandant (CG-5P) files a request for assignment of an administrative law judge (ALJ) with the ALJ Docketing Center. The Chief ALJ designates an ALJ or other person to conduct the hearing.
(d) The recommended findings and the record developed in a hearing under paragraph (b) of this section are considered by the MARAD Administrator in deciding whether to approve or deny a license.
§ 148.230 How is notice of a formal hearing given?
(a) The Commandant (CG-5P) publishes a notice of the hearing in the
(b) The notice of the hearing includes the applicant’s name, the name of the ALJ assigned to conduct the hearing, a list of the factual issues to be resolved, the address where documents are to be filed, and the address where a copy of the rules of practice, procedure, and evidence to be used at the hearing is available.
§ 148.232 What are the rules for a formal hearing?
(a) The Commandant (CG-5P) determines the rules for each formal hearing. Unless otherwise specified in this part, the Commandant (CG-5P) applies the rules of practice, procedure, and evidence in part 20 of this chapter.
(b) The Commandant (CG-5P) sends a written copy of the procedure to the applicant, each person intervening in the proceedings, and each person who requests a copy.
§ 148.234 What are the limits of an Administrative Law Judge (ALJ)’s jurisdiction?
(a) An ALJ’s jurisdiction begins upon assignment to a proceeding.
(b) An ALJ’s jurisdiction ends after the recommended findings are filed with the Commandant (CG-5P) or immediately after the ALJ issues a notice of withdrawal from the proceeding.
When assigned to a formal hearing, an ALJ may:
(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Issue rules of procedure for written evidence;
(d) Rule on offers of proof and receive evidence;
(e) Examine witnesses;
(f) Rule on motions of the parties;
(g) Suspend or bar an attorney from representing a person in the proceeding for unsuitable conduct;
(h) Exclude any person for disruptive behavior during the hearing;
(i) Set the hearing schedule;
(j) Certify questions to the Commandant (CG-5P);
(k) Proceed with a scheduled session of the hearing in the absence of a party who failed to appear;
(l) Extend or shorten a non-statutorily imposed deadline under this subpart within the 240-day time limit for the completion of public hearings in 33 U.S.C. 1504(g);
(m) Set deadlines not specified in this subpart or the Deepwater Ports Act; and
(n) Take any other action authorized by or consistent with this subpart, the Deepwater Ports Act, or 5 U.S.C. 551-559.
§ 148.238 Who are the parties to a formal hearing?
The parties to a formal hearing are:
(a) The applicant;
(b) The Commandant (CG-5P); and
(c) Any person intervening in the proceedings.
§ 148.240 How does a State or a person intervene in a formal hearing?
(a) Any person or Adjacent Coastal State may intervene in a formal hearing.
(b) A person must file a petition of intervention within 10 days of notice that the formal hearing is issued. The petition must:
(1) Be addressed to the Administrative Law Judge (ALJ) Docketing Center;
(2) Identify the issues and the petitioner’s interest in those issues; and
(3) Designate the name and address of a person who can be served if the petition is granted.
(c) An adjacent coastal State need only file a notice of intervention with the ALJ Docketing Center.
(d) The ALJ has the authority to limit the scope and period of intervention during the proceeding.
(e) If the ALJ denies a petition of intervention, the petitioner may file a notice of appeal with the ALJ Docketing Center within 7 days of the denial.
(1) A brief may be submitted with the notice of appeal.
(2) Parties who wish to file a brief in support of or against the notice of appeal may do so within 7 days of filing the notice.
(f) The Commandant (CG-5P) will rule on the appeal. The ALJ does not have to delay the proceedings for intervention appeals.
§ 148.242 How does a person who is not a party to a formal hearing present evidence at the hearing?
(a) A person who is not a party to a formal hearing may present evidence at the hearing if he or she sends a petition to present evidence to the ALJ Docketing Center before the beginning of the formal hearing. The petition must describe the evidence that the person will present and show its relevance to the issues listed in the notice of formal hearing.
(b) If a petition is granted, the ruling will specify which evidence is approved to be presented at the hearing.
§ 148.244 Who must represent the parties at a formal hearing?
(a) All organizations that are parties to the proceeding must be represented by an attorney. Individuals may represent themselves.
(b) Any attorney representing a party to the proceeding must file a notice of appearance according to § 20.301(b) of this chapter.
(c) Each attorney must be in good standing and licensed to practice before a court of the United States or the highest court of any State, territory, or possession of the United States.
§ 148.246 When is a document considered filed and where should I file it?
(a) If a document to be filed is submitted by mail, it is considered filed on the date it is postmarked. If a document is submitted by hand delivery or electronically, it is considered filed on the date received by the clerk.
(b) File all documents and other materials related to an administrative proceeding at the U.S. Coast Guard Administrative Law Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street, Baltimore, MD, 21201-4022.
§ 148.248 What happens when a document does not contain all necessary information?
Any document that does not satisfy the requirements in §§ 20.303 and 20.304 of this chapter will be returned to the person who submitted it with a statement of the reasons for denial.
§ 148.250 Who must be served before a document is filed?
Before a document may be filed by any party, it first must be served upon:
(a) All other parties; and
(b) The Commandant (CG-5P).
§ 148.252 What is the procedure for serving a subpoena?
(a) A party may submit a request for a subpoena to the Administrative Law Judge (ALJ). The request must show the relevance and scope of the evidence sought.
(b) Requests should be submitted sufficiently in advance of the hearing so that exhibits and witnesses can be included in the lists required by § 20.601 of this chapter, but may be submitted later and before the end of the hearing, if good cause is shown for the late submission.
(c) A request for a subpoena must be submitted to the ALJ.
(d) A proposed subpoena, such as the form in https://www.uscg.mil/Resources/Administrative-Law-Judges/General-Suspension-and-Revocation-Information/Subpoena-Information/ must be submitted with the request. If you do not use this form, the proposed subpoena must contain:
(1) The docket number of the proceedings;
(2) The captions “Department of Homeland Security,” “Coast Guard,” and “Licensing of deepwater port for coastal waters off (insert name of the coastal State closest to the proposed deepwater port and the docket number of the proceeding)”;
(3) The name and the address of the office of the ALJ;
(4) For a subpoena giving testimony, a statement commanding the person to whom the subpoena is directed to attend the formal hearing and give testimony;
(5) For a subpoena producing documentary evidence, a statement commanding the person to produce designated documents, books, papers, or other tangible things at a designated time or place; and
(6) An explanation of the procedure in § 20.309(d) of this chapter and paragraph (h) of this section for quashing a subpoena.
(e) The procedure for serving a subpoena must follow Rule 45 of the Federal Rules of Civil Procedure, unless the ALJ authorizes another procedure.
(f) The witness fees for a subpoenaed witness are the same as the fees for witnesses subpoenaed in U.S. District Courts. The person requesting the subpoena must pay these fees.
(g) When serving a subpoena, a party must include witness fees in the form of a check to the individual or organization for one day plus mileage, or, in the case of a government-issued subpoena, a form SF-1157 so a witness may receive fees and mileage reimbursement.
(h) Any person served with a subpoena has 10 days from the time of service to move to quash the subpoena.
(i) If a person does not comply with a subpoena, the ALJ decides whether judicial enforcement of the subpoena is necessary. If the ALJ decides it is, the Commandant (CG-5P) reviews this decision.
§ 148.254 How is a hearing transcript prepared?
(a) Under the supervision of the Administrative Law Judge (ALJ), the reporter prepares a verbatim transcript of the hearing. Nothing may be deleted from the transcript, unless ordered by the ALJ and noted in the transcript.
(b) After a formal hearing is completed, the ALJ certifies and forwards the record, including the transcript, to the clerk to be placed into the docket.
(c) At any time within the 20 days after the record is docketed, the ALJ may make corrections to the certified transcript. When corrections are filed, they are attached as appendices.
(d) Any motion to correct the record must be submitted within 10 days after the record is docketed.
§ 148.256 What happens at the conclusion of a formal hearing?
After closing the record of a formal hearing, the Administrative Law Judge (ALJ) prepares a recommended finding on the issues that were the subject of the hearing. The ALJ submits that finding to the Commandant (CG-5P).
Approval or Denial of the Application
§ 148.276 When must the application be approved or denied?
(a) In 33 U.S.C. 1504, the Act provides strict timelines for action on a license application, which, if closely observed, can lead to action in just under 1 year. The Coast Guard, in concurrence with MARAD, can suspend the process if an applicant fails to provide timely information or requests additional time to comply with a request.
(b) The Coast Guard must conduct public hearings in each Adjacent Coastal State within 240 days of publishing the notice of receipt of a deepwater port license application.
(c) MARAD issues a Record of Decision (ROD) approving or denying a license application within 90 days after the final public hearing. Actual issuance of a license may not take place until certain conditions imposed by the ROD have been met. Those conditions may include how the applicant must address design, construction, installation, testing, operations, and decommissioning of the deepwater port, or meet the requirements of other agencies.
§ 148.277 How may Federal agencies and States participate in the application process?
(a) Under § 148.209 of this part, Federal agencies and Adjacent Coastal States are sent copies of the application. The agencies and States are encouraged to begin submitting their comments at that time.
(b) To be considered, comments from Federal agencies and Adjacent Coastal States must be received by the Commandant (CG-5P) within 45 days after the close of the public hearing period specified in § 148.276(b) of this part. Separate comment periods will apply to the review of documents created during the National Environmental Policy Act process. Both the Commandant (CG-5P) and MARAD review the comments received.
(c) Comments should identify problems, if any, and suggest possible solutions.
§ 148.279 What are the criteria for approval or denial of an application?
The criteria for approving or denying a license application appear in 33 U.S.C. 1503.
§ 148.281 What happens when more than one application is submitted for a deepwater port in the same application area?
(a) When more than one application is submitted for a deepwater port in the same application area under 33 U.S.C. 1504(d), only one application is approved. Except as provided in paragraph (b) of this section, applicants receive priority in the following order:
(1) An Adjacent Coastal State or combination of States, political subdivision of the State, or an agency or instrumentality, including a wholly owned corporation of the State;
(2) A person that is:
(i) Not engaged in producing, refining, or marketing oil;
(ii) Not an affiliate of a person engaged in producing, refining, or marketing oil; or
(iii) Not an affiliate of a person engaged in producing, refining, or marketing oil; and then
(3) Any other applicant.
(b) MARAD may also approve one of the proposed deepwater ports if it determines that that deepwater port will best serve the national interest. In making this determination, MARAD considers:
(1) The degree to which each deepwater port will affect the environment, as determined under the review criteria in subpart G to this part;
(2) The differences between the anticipated completion dates of the deepwater ports; and
(3) The differences in costs for construction and operation of the deepwater ports that would be passed on to consumers of oil.
(c) This section does not apply to applications for natural gas deepwater ports.
§ 148.283 When is the application process stopped before the application is approved or denied?
The Commandant (CG-5P) recommends to MARAD that the application process be suspended before the application is approved or denied if:
(a) All applications are withdrawn before MARAD approves one of them; or
(b) There is only one application; it is incomplete, and the applicant does not respond to a request by the Commandant (CG-5P) for further information, as per § 148.107 of this part.
Subpart D—Licenses
§ 148.300 What does this subpart concern?
This subpart concerns the license for a deepwater port and the procedures for transferring, amending, suspending, reinstating, revoking, and enforcing a license.
§ 148.305 What is included in a deepwater port license?
A deepwater port license contains information about the licensee and the deepwater port, and any conditions of its own or of another agency’s that may be described by MARAD in the license. Licenses are issued in conformance with the Act, and with rules and policies of MARAD that implement the Act.
§ 148.307 Who may consult with the Commandant (CG-5P) and MARAD on developing the proposed conditions of a license?
Federal agencies, the Adjacent Coastal States, and the owner of the deepwater port may consult with the Commandant (CG-5P) and MARAD on the conditions of the license being developed under 33 U.S.C. 1503(e).
§ 148.310 How long does a license last?
Each license remains in effect indefinitely subject to the following:
(a) If it is suspended or revoked by MARAD;
(b) If it is surrendered by the owner; or
(c) As otherwise provided by condition of the license.
§ 148.315 How is a license amended, transferred, or reinstated?
(a) MARAD may amend, transfer, or reinstate a license if it finds that the amendment, transfer, or reinstatement is consistent with the requirements of the Act and this subchapter.
(b) The owner must submit a request for an amendment, transfer, or reinstatement to the Commandant (CG-5P) or the MARAD Administrator.
§ 148.320 How is a license enforced, suspended, or revoked?
MARAD may enforce, suspend, or revoke a license under 33 U.S.C. 1507(c).
§ 148.325 How soon after deepwater port decommissioning must the licensee initiate removal?
Within 2 years of deepwater port decommissioning, the licensee must initiate removal procedures. The Commandant (CG-5P) will advise and coordinate with appropriate Federal agencies and the States concerning activities covered by this section.
Subpart E—Site Evaluation and Pre-Construction Testing
§ 148.400 What does this subpart do?
(a) This subpart prescribes requirements under 33 U.S.C. 1504(b) for the activities that are involved in site evaluation and pre-construction testing at potential locations for deepwater ports and that may:
(1) Adversely affect the environment;
(2) Interfere with authorized uses of the Outer Continental Shelf; or
(3) Pose a threat to human health and welfare.
(b) For the purpose of this subpart, “site evaluation and pre-construction testing” means studies performed at potential deepwater port locations, including:
(1) Preliminary studies to determine the feasibility of a site;
(2) Detailed studies of the topographic and geologic structure of the ocean bottom to determine its ability to support offshore structures and other equipment; and
(3) Studies done for the preparation of the environmental analysis required under § 148.105 of this part.
§ 148.405 What are the procedures for notifying the Commandant (CG-5P) of proposed site evaluation and pre-construction testing?
(a) Any person who wants to conduct site evaluation and pre-construction testing at a potential site for a deepwater port must submit a written notice to the Commandant (CG-5P) at least 30 days before the beginning of the evaluation or testing. The Commandant (CG-5P) advises and coordinates with appropriate Federal agencies and the States concerning activities covered by this subpart.
(b) The written notice must include the following:
(1) The names of all parties participating in the site evaluation and pre-construction testing;
(2) The type of activities and the way they will be conducted;
(3) Charts showing where the activities will be conducted and the locations of all offshore structures, including pipelines and cables, in or near the proposed area;
(4) The specific purpose for the activities;
(5) The dates when the activities will begin and end;
(6) The available data on the environmental consequences of the activities;
(7) A preliminary report, based on existing data, of the historical and archeological significance of the area where the proposed activities are to take place. The report must include contacts made with any appropriate State liaison officers for historic preservation; and
(8) Additional information, if necessary, in individual cases.
(c) For the following activities, the notice only needs the information required in paragraphs (b)(1), (b)(2), and (b)(5) of this section, as well as a general indication of the proposed location and purpose of the activities, including:
(1) Gravity and magneto-metric measurements;
(2) Bottom and sub-bottom acoustic profiling, within specified limits, without the use of explosives;
(3) Sediment sampling of a limited nature using either core or grab samplers, and the specified diameter and depth to which the sampling would penetrate if geological profiles indicate no discontinuities that may have archeological significance;
(4) Water and biotic sampling if the sampling does not adversely affect shellfish beds, marine mammals, or an endangered species, or if the sampling is permitted by another Federal agency;
(5) Meteorological measurements, including the setting of instruments;
(6) Hydrographic and oceanographic measurements, including the setting of instruments; and
(7) Small diameter core sampling to determine foundation conditions.
(d) A separate written notice is required for each site.
§ 148.410 What are the conditions for conducting site evaluation and pre-construction testing?
(a) No person may conduct site evaluation and pre-construction testing unless it complies with this subpart and other applicable laws.
(b) Measures must be taken to prevent or minimize the effect of activities under § 148.400(a) of this part.
§ 148.415 When conducting site evaluation and pre-construction testing, what must be reported?
(a) When conducting site evaluation or pre-construction testing, the following must be immediately reported by any means to the Commandant (CG-5P):
(1) Any evidence of objects of cultural, historical, or archeological significance;
(2) Any adverse effect on the environment;
(3) Any interference with authorized uses of the Outer Continental Shelf;
(4) Any threat to human health and welfare; and
(5) Any adverse effect on an object of cultural, historical, or archeological significance.
(b) Within 120 days after the site evaluation or pre-construction testing, a final written report must be submitted to the Commandant (CG-5P) that contains:
(1) A narrative description of the activities performed;
(2) A chart, map, or plat of the area where the activities occurred;
(3) The dates when the activities were performed;
(4) Information on the adverse effects of items reported under paragraph (a) of this section;
(5) Data on the historical or archeological significance of the area where the activities were conducted, including a report by an underwater archeologist; and
(6) Any additional information required by the Commandant (CG-5P) on a case-by-case basis.
§ 148.420 When may the Commandant (CG-5P) suspend or prohibit site evaluation or pre-construction testing?
(a) The Commandant (CG-5P) may order, either in writing or orally, with written confirmation, the prohibition or immediate suspension of any activity related to site evaluation or pre-construction testing when the activity threatens to harm:
(1) Human life;
(2) Biota;
(3) Property;
(4) Cultural resources;
(5) Any valuable mineral deposits; or
(6) The environment.
(b) The Commandant (CG-5P) will consult with the applicant on measures to remove the cause for suspension.
(c) The Commandant (CG-5P) may lift a suspension after the applicant assures the Commandant (CG-5P) that the activity will no longer cause the threat on which the suspension was based.
Subpart F—Exemption From or Adjustments to Requirements in This Subchapter
§ 148.500 What does this subpart do?
This subpart provides procedures for requesting an exemption from a requirement in this subchapter. The Commandant (CG-5) and MARAD coordinate in evaluating requests for exemption from the requirements in this subchapter.
§ 148.505 How do I apply for an exemption?
(a) Any person required to comply with a requirement in this subchapter may submit a petition for exemption from that requirement.
(b) The petition must be submitted in writing to the Commandant (CG-5P) and the MARAD Administrator.
(c) The Commandant (CG-5P) may require the petition to provide an alternative to the requirement.
§ 148.510 What happens when a petition for exemption involves the interests of an Adjacent Coastal State?
If the petition for exemption concerns an Adjacent Coastal State, the Commandant (CG-5P) forwards the petition to the Governor of the State for the Governor’s recommendation.
§ 148.515 When is an exemption allowed?
The Commandant (CG-5P) may recommend that MARAD allow an exemption if he or she determines that:
(a) Compliance with the requirement would be contrary to public interest;
(b) Compliance with the requirement would not enhance safety or the health of the environment;
(c) Compliance with the requirement is not practical because of local conditions or because the materials or personnel needed for compliance are unavailable;
(d) National security or national economy justifies a departure from the rules; or
(e) The alternative, if any, proposed in the petition would:
(1) Ensure comparable or greater safety, protection of the environment, and quality of deepwater port construction, maintenance, and operation; and
(2) Be consistent with recognized principles of international law.
§ 148.600 What is the limit of financial liability?
The financial limit for liability for deepwater ports is set in accordance with 33 U.S.C. 2704.
§ 148.605 How is the limit of liability determined?
(a) The Coast Guard may lower the $350,000,000 limit of liability for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph (d) of that section, particularly for natural gas deepwater ports that will store or use oil in much smaller amounts than an oil deepwater port.
(b) Requests to adjust the limit of liability for a deepwater port must be submitted to the Commandant (CG-5P). Adjustments are established by a rulemaking with public notice and comment that may take place concurrently with the processing of the deepwater port license application.
Subpart G—Environmental Review Criteria for Deepwater Ports
§ 148.700 How does the Deepwater Port Act interact with other Federal and State laws?
(a) Nothing in this subpart supersedes any Federal, tribal, or State requirements for the protection of the environment.
(b) The applicant must prepare and submit applications to each respective agency that requires a permit or license to operate the deepwater port.
(c) A list of Federal and State agencies that require certification includes, but is not limited to:
(1) The Environmental Protection Agency, for Clean Air Act and Clean Water Act permits;
(2) The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety; and
(3) The Bureau of Ocean Energy Management (BOEM); or
(4) Both the Office of Pipeline Safety and BOEM for pipeline approvals, and the appropriate State environmental agency or permitting agency.
§ 148.702 How were the environmental review criteria developed?
Under 33 U.S.C. 1505, the Commandant (CG-5P) must establish environmental review criteria for use in evaluating a proposed deepwater port. In developing these criteria, the Coast Guard considers the requirements for compliance with Federal and State mandates for the protection of the environment contained in, but not limited to, such guidance as published by:
(a) The Council on Environmental Quality in 40 CFR parts 1500-1508;
(b) Department of Homeland Security Directive 023-01, Environmental Planning Program; and
(c) The Coast Guard in Commandant Instruction M16475.1 (series), National Environmental Policy Act Implementing Procedures and Policy for Considering Environmental Impacts.
§ 148.705 What is determined by the environmental evaluation?
(a) The environmental criteria to be used in evaluating a license application are established by general consensus of expertise, scientific opinion, public interest, and institutional requirements, such as laws and regulations established for the protection of the environment. Criteria that may be established in future environmental regulations or other requirements to protect the environment will also be used.
(b) The environmental criteria to be used in evaluating a license application are applied to all relevant aspects of:
(1) The construction, operation, and decommissioning phases of a deepwater port;
(2) The operations of the vessels that serve the deepwater port;
(3) The deepwater port’s servicing and support activities;
(4) Shore-based construction and fabrication sites;
(5) Shoreside supporting facilities, if appropriate, for the proposed location; and
(6) The No Action alternative and other reasonable alternatives.
(c) The criteria are also applied in a manner that takes into account the cumulative effects of other reasonably foreseeable actions as outlined in § 148.705.
§ 148.707 What type of criteria will be used in an environmental review and how will they be applied?
(a) The license application will be reviewed for the deepwater port’s effects on the environment and for the environment’s effects on the deepwater port and any of its shoreside support facilities.
(b) The environmental evaluation will be applied to the phases of construction, operation, and decommissioning of the proposed location, and at least one alternative site. The evaluation will determine:
(1) The effect on the environment, including but not limited to:
(i) Impacts on endangered species;
(ii) Essential fish habitat;
(iii) Marine sanctuaries;
(iv) Archaeological, cultural and historic sites;
(v) Water and air;
(vi) Coastal zone management;
(vii) Coastal barrier resources; and
(viii) Wetlands and flood plains.
(2) The effect on oceanographic currents and wave patterns;
(3) The potential risks to a deepwater port from waves, winds, weather, and geological conditions, and the steps that can be taken to protect against or minimize these dangers; and
(4) The effect on human health and welfare, including socioeconomic impacts, environmental justice and protection of children from environmental health and safety risks.
§ 148.708 Must the applicant’s proposal reflect potential regulations?
Although a regulation is of no effect until it has been officially promulgated, to minimize the subsequent impact that potential regulations may have on a licensee, an applicant can and should reflect reasonably foreseeable environmental regulations in planning, operating, and decommissioning a deepwater port.
§ 148.709 How are these criteria reviewed and revised?
The Commandant (CG-5P) periodically reviews and may revise these criteria. Reviews and revisions are conducted in accordance with § 148.705 of this subpart. The criteria established are consistent with the National Environmental Policy Act.
§ 148.710 What environmental conditions must be satisfied?
(a) MARAD may issue a license to construct a deepwater port under the Act, with or without conditions, if certain specified conditions are met. The relevant environmental considerations include, but are not limited to, the following:
(1) Construction and operation of the deepwater port that will be in the national interest and consistent with national security and other national policy goals and objectives, including energy sufficiency, environmental quality, protection from the threat of terrorist attack and other subversive activity against persons and property on the deepwater port and the vessels and crews calling at the deepwater port; and
(2) Under the environmental review criteria in § 148.707 of this subpart, the applicant has demonstrated that the deepwater port will be constructed, operated, and decommissioned using the best available technology to prevent or minimize adverse impacts on the marine environment (33 U.S.C. 1503(c)(3), 1504(f) and 1505(a)(1)).
(b) Under 33 U.S.C. 1504(f), these criteria in § 148.707 of this part must be considered in the preparation of a single detailed environmental impact statement or environmental assessment for all timely applications covering a single application area. Additionally, 33 U.S.C. 1504(i)(3) specifies that if more than one application is submitted for an “application area,” as defined in 33 U.S.C. 1504(d)(2), the criteria must be used, among other factors, in determining whether any one proposed deepwater port for oil clearly best serves the national interest.
(c) In accordance with 40 CFR 1502.9, the Commandant (CG-5P) will prepare a supplement to a final environmental impact statement if there is significant new information or circumstances relevant to environmental concerns and bearing on the deepwater port and related activities affecting its location site, construction, operation or decommissioning.
§ 148.715 How is an environmental review conducted?
The environmental review of a proposed deepwater port and reasonable alternatives consists of Federal, tribal, State, and public review of the following two parts:
(a) An evaluation of the proposal’s completeness of environmental information and quality of assessment, probable environmental impacts, and identification of procedures or technology that might mitigate probable adverse environmental impacts through avoiding, minimizing, rectifying, reducing, eliminating, or compensating for those impacts; and
(b) An evaluation of the effort made under the proposal to mitigate its probable environmental impacts. This evaluation will assess the applicant’s consideration of the criteria in §§ 148.720 through 148.740 of this subpart.
§ 148.720 What are the siting criteria?
In accordance with § 148.715(b), the proposed and alternative sites for the deepwater port will be evaluated on the basis of how well each:
(a) Optimizes location to prevent or minimize detrimental environmental effects;
(b) Minimizes the space needed for safe and efficient operation;
(c) Locates offshore components in areas with stable sea bottom characteristics;
(d) Locates onshore components where stable foundations can be developed;
(e) Minimizes the potential for interference with its safe operation from existing offshore structures and activities;
(f) Minimizes the danger posed to safe navigation by surrounding water depths and currents;
(g) Avoids extensive dredging or removal of natural obstacles such as reefs;
(h) Minimizes the danger to the deepwater port, its components, and tankers calling at the deepwater port from storms, earthquakes, or other natural hazards;
(i) Maximizes the permitted use of existing work areas, facilities, and access routes;
(j) Minimizes the environmental impact of temporary work areas, facilities, and access routes;
(k) Maximizes the distance between the deepwater port, its components, and critical habitats including commercial and sport fisheries, threatened or endangered species habitats, wetlands, flood plains, coastal resources, marine management areas, and essential fish habitats;
(l) Minimizes the displacement of existing or potential mining, oil, or gas exploration and production or transportation uses;
(m) Takes advantage of areas already allocated for similar use, without overusing such areas;
(n) Avoids permanent interference with natural processes or features that are important to natural currents and wave patterns; and
(o) Avoids dredging in areas where sediments contain high levels of heavy metals, biocides, oil or other pollutants or hazardous materials, and in areas designated wetlands or other protected coastal resources.
§ 148.722 Should the construction plan incorporate best available technology and recommended industry practices?
Each applicant must submit a proposed construction plan. It must incorporate best available technology and recommended industry practices as directed in § 148.730 of this part.
§ 148.725 What are the design, construction and operational criteria?
In accordance with § 148.715(b) of this part, the deepwater port proposal and reasonable alternatives will be evaluated on the basis of how well they:
(a) Reflect the use of best available technology in design, construction procedures, operations, and decommissioning;
(b) Include safeguards, backup systems, procedures, and response plans to minimize the possibility and consequences of pollution incidents such as spills and discharges, while permitting safe operation with appropriate safety margins under maximum operating loads and the most adverse operating conditions;
(c) Provide for safe, legal, and environmentally sound waste disposal, resource recovery, affected area reclamation, and enhanced use of spoil and waste;
(d) Avoid permanent interference with natural processes or features that are important to natural currents and wave patterns;
(e) Avoid groundwater drawdown or saltwater intrusion, and minimizes mixing salt, fresh, and brackish waters;
(f) Avoid disrupting natural sheet flow, water flow, and drainage patterns or systems;
(g) Avoid interference with biotic populations, especially breeding habitats or migration routes;
(h) Maximize use of existing facilities;
(i) Provide personnel trained in oil spill prevention at critical locations identified in the accident analysis;
(j) Provide personnel trained in oil spill mitigation; and
(k) Plan for safe and effective removal of the deepwater port in the event of its decommissioning.
§ 148.730 What are the land use and coastal zone management criteria?
In accordance with § 148.715(b) of this part, the deepwater port proposal and reasonable alternatives will be evaluated on the basis of how well they:
(a) Accord with existing and planned land use, including management of the coastal region, for which purpose the proposal must be accompanied by a consistency determination from appropriate State agencies for any designated Adjacent Coastal State;
(b) Adhere to proposed local and State master plans;
(c) Minimize the need for special exceptions, zoning variances, or non-conforming uses;
(d) Plan flood plain uses in ways that will minimize wetlands loss, flood damage, the need for federally-funded flood protection or flood relief, or any decrease in the public value of the flood plain as an environmental resource; and
(e) Avoid permanent alteration or harm to wetlands, and take positive steps to minimize adverse effects on wetlands.
§ 148.735 What are other critical criteria that must be evaluated?
In accordance with § 148.715(b) of this part, the deepwater port proposal and reasonable alternatives will be evaluated on the basis of how well they:
(a) Avoid detrimental effects on human health and safety;
(b) Pose no compromise to national security;
(c) Account for the historic, archeological, and cultural significance of the area, including any potential requirements for historical preservation;
(d) Minimize harmful impacts to minorities and children; and
(e) Plan for serious consideration of the proposal that offers the least potential for environmental harm to the region, or potential mitigation actions, when conflict exists between two or more proposed uses for a site.
§ 148.737 What environmental statutes must an applicant follow?
In constructing and operating a deepwater port, the deepwater port must comply with all applicable Federal, State, and tribal environmental statutes. For the purposes of information, a list of Federal environmental statutes and Executive Orders (E.O.s) that may apply includes but is not limited to: Abandoned Shipwreck Act (ASA), 43 U.S.C. 2102, et. seq.; American Indian Religious Freedom Act (AIRFA), 42 U.S.C. 1996, et. seq.; Antiquities Act, 16 U.S.C. 433, et. seq.; Archeological and Historic Preservation Act (AHPA), 16 U.S.C. 469; Archeological Resources Protection Act (AHPA), 16 U.S.C. 470 aa-ll, et. seq.; Architectural Barriers Act, 42 U.S.C. 4151, et. seq.; Clean Air Act (CAA), Pub. L. 95-95, 42 U.S.C. 7401, et. seq.; Clean Water Act of 1977 (CWA), Pub. L. 95-217, 33 U.S.C. 1251, et. seq.; Coastal Barrier Resources Act (CBRA), Pub. L. 97-348, 16 U.S.C. 3510, et. seq.; Coastal Zone Management Act (CZMA), Pub. L. 92-583, 16 U.S.C. 1451, et. seq.; Community Environmental Response Facilitation Act (CERFA), 42 U.S.C. 9620, et. seq.; Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also commonly referred to as Superfund, Pub. L. 96-510, 26 U.S.C. 4611, et. seq.; Consultation and Coordination With Indian Tribal Governments, E.O. 13175, 65 FR 67249; Coral Reef Protection, E.O. 13089, 63 FR 32701; Department of Transportation Act, Section 4(f), Pub. L. 89-670, 49 U.S.C. 303, Section 4(f), et. seq.; Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001-11050, et. seq.; Endangered Species Act of 1973 (ESA), Pub. L. 93-205, 16 U.S.C. 1531, et. seq.; Energy Efficiency and Water Conservation at Federal Facilities, E.O. 12902, 59 FR 11463; Environmental Effects Abroad of Major Federal Agencies, E.O. 12114, 44 FR 1957; Environmental Quality Improvement Act, Pub. L. 98-581, 42 U.S.C. 4371, et. seq.; Farmlands Protection Policy Act, Pub. L. 97-98, 7 U.S.C. 4201, et. seq.; Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, E.O. 12898, 59 FR 7629; Federal Compliance with Pollution Control Standards, E.O. 12088, 43 FR 47707; Federal Insecticide, Fungicide, and Rodenticide Act, Pub. L. 86-139, 7 U.S.C. 135, et. seq.; Federal Records Act (FRA), 44 U.S.C. 2101-3324, et. seq.; Federalism, E.O. 13083, Fish and Wildlife Act of 1956, Pub. L. 85-888, 16 U.S.C. 742, et. seq.; Fish and Wildlife Coordination Act, (Pub. L. 85-624, 16 U.S.C. 661, et. seq.; Fisheries Conservation and Recovery Act of 1976, Pub. L. 94-265, 16 U.S.C. 1801, et. seq.; Flood Disaster Protection Act, 42 U.S.C. 4001, et. seq.; Flood Plain Management and Protection, E.O. 11988, 42 FR 26951; Greening the Government Through Leadership in Environmental Management, E.O. 13148, 65 FR 24595; 63 FR 49643; Historic Sites Act, 16 U.S.C. 46, et. seq.; Indian Sacred Sites, E.O. 13007, 61 FR 26771; Intergovernmental Review of Federal Programs E.O. 12372, 47 FR 30959; Invasive Species, E.O. 13112, 64 FR 6183; Locating Federal Facilities on Historic Properties in our Nation’s Central Cities, E.O. 13006, 61 FR 26071; Magnuson-Stevens Fishery Conservation and Management Act as amended through October 11, 1996, 16 U.S.C. 1801, et. seq.; Marine Mammal Protection Act of 1972 (MMPA), Pub. L. 92-522, 16 U.S.C. 1361; Marine Protected Areas, E.O. 13158, 65 FR 24909; Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92-532, 16 U.S.C. 1431, et. seq. and 33 U.S.C. U.S.C. 1401, et. seq.; Migratory Bird Treaty Act, 16 U.S.C. 703-712, et. seq.; National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190, 42 U.S.C. 4321, et. seq.; National Historic Preservation Act of 1996 (NHPA), Pub. L. 89-665, 16 U.S.C. 470, et. seq.; Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001, et. seq.; Noise Control Act of 1972, Pub. L. 92-574, 42 U.S.C. 4901, et. seq.; Pollution Prevention Act of 1990 (PPA), 42 U.S.C. 13101-13109, et. seq.; Protection and Enhancement of Cultural Environmental Quality, E.O. 11593, 36 FR 8921; Protection and Enhancement of Environmental Quality, E.O. 11514, 35 FR 4247; Protection of Children from Environmental Health and Safety Risks, E.O. 13045, 62 FR 19885; Protection of Wetlands, E.O. 11990, 42 FR 26961; Recreational Fisheries, E.O. 12962, 60 FR 307695; Resource Conservation and Recovery Act of 1976 (RCRA), Pub. L. 94-580, 42 U.S.C. 6901, et. seq.; Responsibilities of Federal Agencies to Protect Migratory Birds, E.O. 13186, 66 FR 3853; Safe Drinking Water Act (SDWA), Pub. L. 93-523, 42, U.S.C. 201, et. seq.; Toxic Substances Control Act (TSCA), 7 U.S.C. 136, et. seq.; and Wild and Scenic Rivers Act, Pub. L. 90-542, 16 U.S.C. 1271, et. seq.
PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT
Subpart A—General
§ 149.1 What does this part do?
This part provides requirements for the design and construction of deepwater ports. It also provides the requirements for equipment for deepwater ports.
§ 149.3 Incorporation by reference.
(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the
(b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org.
(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 149.408(a) through (d).
(2) [Reserved]
§ 149.5 What definitions apply to this part?
Definitions applicable to this part appear in 33 CFR 148.5. In addition, the following terms are used in this part and have the indicated meanings:
Accommodation module means a module with one or more accommodation spaces that is individually contracted and may be used for one or more facilities.
Major conversion means a conversion, as determined by the Commandant (CG-5P), that substantially changes the dimensions of a facility, substantially changes the water depth capability of a fixed facility, substantially changes the carrying capacity of a floating facility, substantially changes the processing equipment, changes the type of a facility, substantially prolongs the life of a facility, or otherwise so changes the facility that it is essentially a new facility.
Service space means a space used for a galley, a pantry containing cooking appliances, a storeroom, or a workshop other than those in industrial areas, and trunks to those spaces.
Sleeping space means a space provided with bunks for sleeping.
§ 149.10 Where can the operator obtain a list of Coast Guard-approved equipment?
Where equipment in this subchapter must be of an approved type, the equipment must be specifically approved by the Commandant (CG-5P) and the Coast Guard Marine Safety Center. A list of approved equipment, including all of the approval series, is available at: http://cgmix.uscg.mil/Equipment/Default.aspx.
§ 149.15 What is the process for submitting alterations and modifications affecting the design and construction of a deepwater port?
(a) Alterations and modifications affecting the design and construction of a deepwater port must be submitted to the Commandant (CG-5P) for review and approval if:
(1) A license has not yet been issued; or,
(2) A license has been issued but the port has not commenced operations; or,
(3) The alteration and modification are deemed a major conversion; or,
(4) The alteration or modification substantially changes the manner in which the port operates or is not in accordance with a condition of the license.
(b) All other alterations and modifications to the deepwater port must be submitted to the Officer in Charge of Marine Inspection (OCMI) for review and approval.
(c) Approval for alterations and modifications proposed after a license has been issued will be contingent upon whether the proposed changes will affect the way the port operates, or any conditions imposed in the license.
(d) The licensee is not authorized to proceed with alterations prior to approval from the Commandant (CG-5P) for the conditions outlined in paragraph (a) and approval by the cognizant OCMI as required in paragraph (b) of this section.
(e) The Commandant (CG-5P), during the review and approval process of a proposed alteration or modification, may consult with the Marine Safety Center and cooperating Federal agencies possessing relevant technical expertise.
Subpart B—Pollution Prevention Equipment
§ 149.100 What does this subpart do?
This subpart provides requirements for pollution equipment on deepwater ports.
§ 149.103 What are the requirements for discharge containment and removal material and equipment?
(a) Each deepwater port must have a facility response plan that meets the requirements outlined in part 154, subpart F, of this chapter, and be approved by the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority.
(b) The facility response plan must identify adequate spill containment and removal equipment for deepwater port-specific spill scenarios.
(c) Response equipment and material must be pre-positioned for ready access and use on board the deepwater port.
§ 149.105 What are the requirements for the overflow and relief valves?
(a) Each oil and natural gas transfer system (OTS/NGTS) must include a relief valve that, when activated, prevents pressure on any component of the OTS/NGTS from exceeding its maximum rated pressure.
(b) The transfer system overflow or relief valve must not allow a discharge into the sea.
§ 149.110 What are the requirements for pipeline end manifold shutoff valves?
Each pipeline end manifold must have a shutoff valve capable of operating both manually and from the pumping platform complex.
§ 149.115 What are the requirements for blank flange and shutoff valves?
Each floating hose string must have a blank flange and a shutoff valve at the vessel’s manifold end.
§ 149.120 What are the requirements for manually operated shutoff valves?
Each oil and natural gas transfer line passing through a single point mooring buoy system must have a manual shutoff valve.
§ 149.125 What are the requirements for the malfunction detection system?
(a) Each oil and natural gas system, between a pumping platform complex and the shore, must have a system that can detect and locate leaks and other malfunctions, particularly in high-risk areas.
(b) The marine transfer area on an oil deepwater port must be equipped with a monitoring system in accordance with § 154.525 of this chapter.
(c) A natural gas deepwater port must be equipped with gas detection equipment adequate for the type of transfer system, including storage and regasification, used. The Commandant (CG-5P) will evaluate proposed leak-detection systems for natural gas on an individual basis.
§ 149.130 What are the requirements for the cargo transfer system alarm?
(a) Each cargo transfer system must have an alarm to signal a malfunction or failure in the system.
(b) The alarm must sound automatically in the control room and:
(1) Be capable of being activated at the pumping platform complex;
(2) Have a signal audible in all areas of the pumping platform complex, except in areas under paragraph (b)(3) of this section;
(3) Have a high intensity flashing light in areas of high ambient noise levels where hearing protection is required under § 150.615 of this chapter; and
(4) Be distinguishable from the general alarm.
(c) Tankers calling on unmanned deepwater ports must be equipped with a transfer system alarm described in this section.
§ 149.135 What should be marked on the cargo transfer system alarm switch?
Each switch for activating an alarm, and each audio or visual device for signaling an alarm, must be identified by the words “Oil Transfer Alarm” or “Natural Gas Transfer Alarm” in red letters at least 1 inch high on a yellow background.
§ 149.140 What communications equipment must be on a deepwater port?
(a) Each deepwater port must have the following communications equipment:
(1) A system for continuous two-way voice communication among the deepwater port, the tankers, the support vessels, and other vessels operating at the deepwater port. The system must be usable and effective in all phases of a transfer and in all conditions of weather at the deepwater port;
(2) A means to indicate the need to use the communication system required by this section, even if the means is the communication system itself; and
(3) Equipment that, for each portable means of communication used to meet the requirements of this section, is:
(i) Certified under 46 CFR 111.105-11 to be operated in Group D, Class 1, Division 1 Atmosphere; and,
(ii) Permanently marked with the certification required in paragraph (a)(3)(i) of this section. As an alternative to this marking requirement, a document certifying that the portable radio devices in use are in compliance with this section may be kept at the deepwater port.
(b) The communication system of the tank ship mooring at an unmanned deepwater port will be deemed the primary means of communicating with support vessels, shore side, etc.
§ 149.145 What are the requirements for curbs, gutters, drains, and reservoirs?
Each pumping platform complex must have enough curbs, gutters, drains, and reservoirs to collect, in the reservoirs, all oil and contaminants not authorized for discharge into the ocean according to the deepwater port’s National Pollution Discharge Elimination System permit.
Subpart C—Lifesaving Equipment
§ 149.300 What does this subpart do?
This subpart provides requirements for lifesaving equipment on deepwater ports.
Manned Deepwater Port Requirements
§ 149.301 What are the requirements for lifesaving equipment?
(a) Manned Deepwater Port. Each deepwater port on which at least one person occupies an accommodation space for more than 30 consecutive days in any successive 12-month period must comply with the requirements for lifesaving equipment in this subpart.
(b) Unmanned Deepwater Port. Each deepwater port, not under paragraph (a) of this section, must comply with the requirements for lifesaving equipment for unmanned deepwater ports in this subpart.
§ 149.302 What are the requirements when lifesaving equipment is repaired or replaced?
When lifesaving equipment is replaced, or when the deepwater port undergoes a repair, alteration, or modification that involves replacing or adding to the lifesaving equipment, the new lifesaving equipment must meet the requirements of this subpart.
§ 149.303 What survival craft and rescue boats may be used on a manned deepwater port?
(a) Each survival craft on a manned deepwater port must be one of the following:
(1) A lifeboat meeting the requirements of § 149.306 of this part; or
(2) A liferaft meeting the requirements of § 149.308 of this part.
(b) Each rescue boat on a manned deepwater port must be a rescue boat meeting the requirements of § 149.314 of this part.
§ 149.304 What type and how many survival craft and rescue boats must a manned deepwater port have?
(a) Except as specified under § 149.305 of this part, each manned deepwater port must have at least the type and number of survival craft and the number of rescue boats indicated for the deepwater port in paragraphs (a)(1) through (a)(5) of this section.
(1) For a deepwater port with 30 or fewer persons on board:
(i) One or more lifeboats with a total capacity of 100 percent of the personnel on board;
(ii) One or more liferafts with a total capacity of 100 percent of the personnel on board; and
(iii) One rescue boat, except that the rescue boat is not required for deepwater ports with eight or fewer persons on board.
(2) For a deepwater port with 31 or more persons on board:
(i) At least two lifeboats with a total capacity of 100 percent of the personnel on board;
(ii) One or more liferafts with a total capacity so that, if the survival craft at any one location are rendered unusable, there will be craft remaining with a total capacity of 100 percent of the personnel on board; and
(iii) One rescue boat.
(3) Lifeboats may be substituted for liferafts.
(4) Capacity refers to the total number of persons on the deepwater port at any one time, not including temporary personnel. Temporary personnel include: contract workers, official visitors, and any other persons who are not permanent employees. See § 149.305 of this part for additional survival craft requirements when temporary personnel are on board.
(5) The required lifeboats may be used as rescue boats if the lifeboats also meet the requirements for rescue boats in § 149.314 of this part.
(b) Deepwater ports consisting of novel structures or a combination of fixed and/or floating structures may require additional survival craft as deemed necessary by the Commandant (CG-5P). In these cases, the type and number of survival craft must be specified in the operations manual.
§ 149.305 What are the survival craft requirements for temporary personnel?
(a) When temporary personnel are on board a manned deepwater port and the complement exceeds the capacity of the survival craft required under § 149.304 of this part, the deepwater port must have additional liferafts to ensure that the total capacity of the survival craft is not less than 150 percent of the personnel on board at any time.
(b) The liferafts required in paragraph (a) of this section need not meet the launching requirements of paragraph (b) to § 149.308 of this part, but must comply with the stowage requirements of 46 CFR 108.530(c).
§ 149.306 What are the requirements for lifeboats?
(a) Lifeboats must be:
(1) Totally enclosed, fire-protected, and approved under approval series 160.135; and
(2) If the hull or canopy is of aluminum, it must be protected in its stowage position by a water spray system meeting the requirements of 46 CFR 34.25.
(b) Each lifeboat must have at least the provisions and survival equipment required by 46 CFR 108.575(b).
(c) Except for boathooks, the equipment under paragraph (b) of this section must be securely stowed in the lifeboat.
(d) Each lifeboat must have a list of the equipment it is required to carry under paragraph (c) of this section. The list must be posted in the lifeboat.
(e) The manufacturer’s instructions for maintenance and repair of the lifeboat, required under § 150.502(a) of this chapter, must be in the lifeboat or on the deepwater port.
§ 149.307 What are the requirements for free-fall lifeboats?
All free-fall lifeboats must be approved under approval series 160.135.
§ 149.308 What are the requirements for liferafts?
(a) Each liferaft must be an inflatable liferaft approved under approval series 160.151, or a rigid liferaft approved under approval series 160.118.
(b) Except as under § 149.305(b) of this subpart, each inflatable or rigid liferaft, boarded from a deck that is more than 4.5 meters (14.75 feet) above the water, must be davit-launched or served by a marine evacuation system complying with § 149.309 to this subpart.
§ 149.309 What are the requirements for marine evacuation systems?
All marine evacuation systems must be approved under approval series 160.175 and comply with the launching arrangement requirements for mobile offshore drilling units in 46 CFR 108.545.
§ 149.310 What are the muster and embarkation requirements for survival craft?
Muster and embarkation arrangements for survival craft must comply with 46 CFR 108.540.
§ 149.311 What are the launching and recovery requirements for lifeboats?
(a) Each lifeboat launched by falls must have a launching and recovery system that complies with 46 CFR 108.555.
(b) Each free-fall lifeboat must have a launching and recovery system that complies with 46 CFR 108.557.
§ 149.312 What are the launching equipment requirements for inflatable liferafts?
(a) Each inflatable liferaft not intended for davit launching must be capable of rapid deployment.
(b) Each liferaft capable of being launched by a davit must have the following launching equipment at each launching station:
(1) A launching device approved under approval series 160.163; and
(2) A mechanical disengaging apparatus approved under approval series 160.170.
(c) The launching equipment must be operable, both from within the liferaft and from the deepwater port.
(d) Winch controls must be located so that the operator can observe the liferaft launching.
(e) The launching equipment must be arranged so that a loaded liferaft does not have to be lifted before it is lowered.
(f) Not more than two liferafts may be launched from the same set of launching equipment.
§ 149.313 How must survival craft be arranged?
The operator must arrange survival craft so that they meet the requirements of 46 CFR 108.525 (a) and § 108.530 and so that they—
(a) Are readily accessible in an emergency;
(b) Are accessible for inspection, maintenance, and testing;
(c) Are in locations clear of overboard discharge piping or openings, and obstructions below; and
(d) Are located so that survival craft with an aggregate capacity to accommodate 100% of the total number of persons authorized to be berthed are readily accessible from the personnel berthing area.
§ 149.314 What are the approval and stowage requirements for rescue boats?
(a) Rescue boats must be approved under approval series 160.156. A lifeboat is acceptable as a rescue boat if it also meets the requirements for a rescue boat under approval series 160.156.
(b) The stowage of rescue boats must comply with 46 CFR 108.565.
§ 149.315 What embarkation, launching, and recovery arrangements must rescue boats meet?
(a) Each rescue boat must be capable of being launched in a current of up to 5 knots. A painter may be used to meet this requirement.
(b) Each rescue boat embarkation and launching arrangement must permit the rescue boat to be boarded and launched in the shortest possible time.
(c) If the rescue boat is one of the deepwater port’s survival craft, then the rescue boat must comply with the muster and embarkation arrangement requirements of § 149.310 of this part.
(d) The rescue boat must comply with the embarkation arrangement requirements of 46 CFR 108.555.
(e) If the launching arrangement uses a single fall, the rescue boat may have an automatic disengaging apparatus, approved under approval series 160.170, instead of a lifeboat release mechanism.
(f) The rescue boat must be capable of being recovered rapidly when loaded with its full complement of persons and equipment. If a lifeboat is being used as a rescue boat, rapid recovery must be possible when loaded with its lifeboat equipment and a rescue boat’s complement of at least six persons.
(g) Each rescue boat launching appliance must be fitted with a powered winch motor.
(h) Each rescue boat launching appliance must be capable of hoisting the rescue boat, when loaded with its full complement of persons and equipment, at a rate of not less than 59 feet per minute.
(i) The operator may use an onboard crane to launch a rescue boat if the crane’s launching system meets the requirements of this section.
§ 149.316 What are the requirements for lifejackets?
(a) Each lifejacket must be approved under approval series 160.002, 160.005, 160.055, 160.077, or 160.176.
(b) Each lifejacket must have a light approved under approval series 161.012. Each light must be securely attached to the front shoulder area of the lifejacket.
(c) Each lifejacket must have a whistle permanently attached by a cord.
(d) Each lifejacket must be fitted with Type I retroreflective material, approved under approval series 164.018.
§ 149.317 How and where must lifejackets be stowed?
(a) The operator must ensure that lifejackets are stowed in readily accessible places in or adjacent to accommodation spaces.
(b) Lifejacket stowage containers and the spaces housing the containers must not be capable of being locked.
(c) The operator must mark each lifejacket container or lifejacket stowage location with the word “LIFEJACKETS” in block letters, and the quantity, identity, and size of the lifejackets stowed inside the container or at the location.
§ 149.318 Must every person on the deepwater port have a lifejacket?
The operator must provide a lifejacket that complies with § 149.316 of this part for each person on a manned deepwater port.
§ 149.319 What additional lifejackets must the deepwater port have?
For each person on duty in a location where the lifejacket required by § 149.317 of this part is not readily accessible, an additional lifejacket must be stowed so as to be readily accessible to that location.
§ 149.320 What are the requirements for ring life buoys?
(a) Ring life buoys must be approved under approval series 160.050 or 160.150, for SOLAS-approved equipment.
(b) Each ring life buoy must have a floating electric water light approved under approval series 161.010. The operator must ensure that the light to the ring life buoy is attached by a lanyard of 12-thread manila, or a synthetic rope of equivalent strength, not less than 3 feet nor more than 6 feet in length. The light must be mounted on a bracket near the ring life buoy so that, when the ring life buoy is cast loose, the light will be pulled free of the bracket.
(c) To each ring life buoy, there must be attached a buoyant line of 100 feet in length, with a breaking strength of at least 5 kilonewtons force. The end of the line must not be secured to the deepwater port.
(d) Each ring life buoy must be marked with Type II retroreflective material, approved under approval series 164.018.
§ 149.321 How many ring life buoys must be on each deepwater port?
There must be at least four approved ring life buoys on each manned deepwater port.
§ 149.322 Where must ring life buoys be located and how must they be stowed?
(a) The operator must locate one ring life buoy on each side of the deepwater port and one near each external stairway leading to the water. One buoy per side may be used to satisfy both these requirements.
(b) Each ring life buoy must be stowed on or in a rack that is readily accessible in an emergency. The ring life buoy must not be permanently secured in any way to the rack or the deepwater port.
§ 149.323 What are the requirements for first aid kits?
(a) Each manned deepwater port must have an industrial first aid kit, approved by an appropriate organization, such as the American Red Cross, for the maximum number of persons on the deepwater port.
(b) The first aid kit must be maintained in a space designated as a medical treatment room or, if there is no medical treatment room, under the custody of the person in charge.
(c) The operator must ensure that each first aid kit is accompanied by a copy of either the Department of Health and Human Services Publication No. (PHS) 84-2024, “The Ship’s Medicine Chest and Medical Aid at Sea,” available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or the “American Red Cross First Aid and Safety Handbook,” available from Little Brown and Company, 3 Center Plaza, Boston, MA 02018.
§ 149.324 What are the requirements for litters?
Each manned deepwater port must have at least one Stokes or other suitable litter, capable of safely hoisting an injured person. The litter must be readily accessible in an emergency.
§ 149.325 What emergency communications equipment must be on a manned deepwater port?
Each manned deepwater port must have a radio, telephone, or other means of emergency communication with the shore, vessels, and facilities in the vicinity in the event the primary communications system outlined in § 149.140 of this part fails. This communication equipment must have an emergency power source.
§ 149.326 What are the immersion suit requirements?
Each manned deepwater port located north of 32 degrees North latitude must comply with the immersion suit requirements in 46 CFR 108.580.
§ 149.327 What are the approval requirements for work vests and anti-exposure (deck) suits?
All work vests and anti-exposure (deck) suits on a manned deepwater port must be of a buoyant type approved under:
(a) Approval series 160.053 as a work vest;
(b) Approval series 160.053 or 160.153 as an anti-exposure suit; or
(c) Approval series 160.077 as a commercial hybrid personal flotation device.
§ 149.328 How must work vests and anti-exposure (deck) suits be stowed?
All work vests and deck suits must be stowed separately from lifejackets and in a location that is not easily confused with a storage area for lifejackets.
§ 149.329 How must work vests and deck suits be marked?
All work vests and deck suits must be fitted with Type I retroreflective material, approved under approval series 164.018.
§ 149.330 When may a work vest or deck suit be substituted for a lifejacket?
(a) A work vest or deck suit meeting the requirements of § 149.326 of this part may be used instead of a lifejacket when personnel are working near or over water.
(b) Work vests or deck suits may not be substituted for any portion of the number of approved lifejackets required on the deepwater port or attending vessel for use during drills and emergencies.
§ 149.331 What are the requirements for hybrid personal flotation devices?
(a) The operator must ensure that the use and stowage of all commercial hybrid personal flotation devices (PFDs) used as work vests comply with the procedures required for them in 46 CFR 160.077-29, and all limitations, if any, marked on them.
(b) All commercial hybrid PFDs on the deepwater port must be of the same or similar design and must have the same method of operation.
§ 149.332 What are the requirements for inflatable lifejackets?
(a) Each inflatable lifejacket must be approved under approval series 160.176.
(b) All inflatable lifejackets on a deepwater port must:
(1) Be used and stowed according to the procedures contained in the manual required for them under 46 CFR 160.176-21;
(2) Be marked with all limitations, if any; and
(3) Be of the same or similar design and have the same method of operation.
§ 149.333 What are the marking requirements for lifesaving equipment?
(a) Each lifeboat, rigid liferaft, and survival capsule must be marked on two opposite outboard sides with the name, number, or other inscription identifying the deepwater port on which it is placed, and the number of persons permitted on the craft. Each paddle or oar for these crafts must also be marked with an inscription identifying the deepwater port. The letters and numbers must be at least 100 millimeters (3.94 inches) high on a contrasting background.
(b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-33, and, after each servicing, marked to meet 46 CFR 160.151-57(m).
(c) Each lifejacket and ring life buoy must be conspicuously marked with the name, number, or other inscription identifying the deepwater port on which it is placed. The letters and numbers must be at least 1.5 inches (38 mm) high on a contrasting background. Lifejackets and ring life buoys that accompany mobile crews to unmanned deepwater ports may be marked with the operator’s name and field designation.
Unmanned Deepwater Port Requirements
§ 149.334 Who must ensure compliance with the requirements for unmanned deepwater ports?
The owner or operator of an unmanned deepwater port must ensure that applicable requirements are complied with on that deepwater port.
§ 149.335 When are people prohibited from being on an unmanned deepwater port?
No person may be on an unmanned deepwater port unless all requirements of this part are met.
§ 149.336 What are the requirements for lifejackets?
(a) Except as provided in paragraph (b) of this section, each unmanned deepwater port must have at least one lifejacket complying with § 149.316 of this part for each person on the deepwater port. The lifejackets need to be available for use on the deepwater port only when persons are onboard.
(b) During helicopter visits, personnel who have aircraft type of lifejackets may use them as an alternative to the requirements of paragraph (a) of this section.
§ 149.337 What are the requirements for ring life buoys?
(a) Each unmanned deepwater port must have at least one ring life buoy complying with § 149.320 to this part.
(b) If there is no space on the deepwater port for the ring life buoys, they must be on a manned vessel located alongside of the deepwater port while the persons are on the deepwater port.
§ 149.338 What are the requirements for immersion suits?
(a) Each unmanned deepwater port located north of 32 degrees North latitude must comply with the immersion suit requirements applicable to mobile offshore drilling units under 46 CFR 108.580, and immersion suits must be approved under approval series 160.171. Except as under paragraph (b) of this section, the immersion suits need be on the deepwater port only when persons are on board.
(b) If an attending vessel is moored to the unmanned deepwater port, the suits may be stowed on the vessel, instead of on the deepwater port.
§ 149.339 What is the requirement for previously approved lifesaving equipment on a deepwater port?
Lifesaving equipment such as lifeboats, liferafts, and PFDs on a deepwater port on January 1, 2004, need not meet the requirements of this subpart until the equipment needs replacing, provided it is periodically tested and maintained and in good operational condition.
§ 149.340 What are the requirements for lifesaving equipment that is not required by this subchapter?
Each item of lifesaving equipment on a deepwater port that is not required by this subchapter must be approved by the Commandant (CG-5P).
Subpart D—Firefighting and Fire Protection Equipment
§ 149.400 What does this subpart apply to?
This subpart applies to all deepwater ports except unmanned deepwater ports consisting of a submerged turret loading or comparable configuration in which cargo transfer operations are conducted solely aboard the tank vessel by the vessel crew.
§ 149.401 What are the general requirements for firefighting and fire protection equipment?
Each deepwater port must comply with the requirements for firefighting and fire protection equipment in this subpart.
§ 149.402 What firefighting and fire protection equipment must be approved by the Coast Guard?
Except as permitted under § 149.403, § 149.415(c) or (d), § 149.419(a)(1), or § 149.420 of this part, all required firefighting and fire protection equipment on a deepwater port must be approved by the Commandant (CG-ENG). Firefighting and fire protection equipment that supplements required equipment must also be approved by the Commandant (CG-ENG), unless approval by the Officer in Charge of Marine Inspection (OCMI) is requested and granted pursuant to § 149.403 of this subpart.
§ 149.403 How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures?
(a) The operator may request the use of alternate or excess equipment or procedures than those required in this subchapter.
(b) Upon request, the Sector Commander, or MSU Commander with COTP and OCMI authority, may allow the use of alternate equipment or procedures if the alternatives will:
(1) Accomplish the purposes for the requirement; and
(2) Provide a degree of safety equivalent to or greater than that provided by the requirement.
(c) The Sector Commander, or MSU Commander with COTP and OCMI authority, may require that the requesting party:
(1) Explain why applying the requirement would be unreasonable or impracticable; or
(2) Submit engineering calculations, tests, or other data to demonstrate how the requested alternative would comply with paragraph (b) of this section.
(d) The Sector Commander, or MSU Commander with COTP and OCMI authority, may determine, on a case-by-case basis, that the Commandant (CG-ENG) must approve the use of the alternate equipment or procedure.
Firefighting Requirements
§ 149.404 Can I use fire fighting equipment that is not Coast Guard approved?
(a) A deepwater port may use fire fighting equipment that is not Coast Guard approved as excess equipment, pursuant to § 149.403 of this subpart, if the equipment does not endanger the port or the persons aboard it in any way. This equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL), as set forth in 29 CFR 1910.7, and it must be maintained in good working condition.
(b) Use of non-Coast Guard-approved fire detection systems may be acceptable as excess equipment provided that—
(1) Components are listed by an NRTL as defined in 46 CFR 161.002-2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer’s specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), with specific regard to the hazardous location installation regulations in 46 CFR 111.105;
(3) Coast Guard plan review is completed for wiring plans; and
(4) The system and units remain functional as intended. To ensure this, marine inspectors may test and inspect the system.
§ 149.406 What are the approval requirements for a fire extinguisher?
All portable and semi-portable fire extinguishers must be of an approved type under 46 CFR part 162, subparts 162.028 and 162.039, respectively.
§ 149.407 Must fire extinguishers be on the deepwater port at all times?
(a) The fire extinguishers required by § 149.409 of this part must be on all manned deepwater ports at all times.
(b) The fire extinguishers required by § 149.409 of this part need be on unmanned deepwater ports only when personnel are working on the deepwater port during cargo transfer operations, or performing maintenance duties.
§ 149.408 What are the maintenance requirements for fire extinguishers?
(a) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 149.3).
(b) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers.
(c) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew.
(d) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew.
(e) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted.
§ 149.409 How many fire extinguishers are needed and how should they be installed?
(a) Approved portable and semi-portable extinguishers must be installed in accordance with table 149.409 of this section.
(b) Semi-portable extinguishers must be located in the open so as to be readily seen.
(c) Semi-portable extinguishers must be fitted so that all portions of the space concerned may be covered.
(d) Table 149.409 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.
Table 149.409—Portable and Semi-Portable Extinguishers, Minimum Quantity and Location
| Space | Classification | Minimum quantity and location |
|---|---|---|
| (1) | ||
| (i) Communicating corridors | 2-A | One in each main corridor or stairway not more than 150 ft apart. |
| (ii) Radio room | 20-B:C | One outside or near each radio room exit. |
| (2) | ||
| (i) Sleeping quarters | 2-A | One in each sleeping space that fits more than four persons. |
| (3) | ||
| (i) Galleys | 40-B:C | One for each 2,500 sq ft or fraction thereof, for hazards involved. |
| (ii) Storerooms | 2-A | One for each 2,500 sq ft or fraction thereof, located near each exit, either inside or outside the space. |
| (iii) Paint room | 40-B | One outside each paint room exit. |
| (4) | ||
| (i) Gas-fired boilers | 40-B:C | Two. |
| 160-B | One. 1 | |
| (ii) Oil-fired boilers | 40-B:C | Two. |
| 160-B | Two. 1 | |
| (iii) Internal combustion or gas turbine engines | 40-B | One for each engine. 2 |
| (iv) Open electric motors and generators | 40-B:C | One for each of two motors or generators. 3 |
| (5) | ||
| (i) Helicopter landing decks | 160-B | One at each access route. |
| (ii) Helicopter fueling facility | 160-B | One at each fuel transfer facility. 4 |
1 Not required if a fixed system is installed.
2 If the engine is installed on a weather deck or is open to the atmosphere at all times, one 40-B extinguisher may be used for every three engines.
3 Small electrical appliances, such as fans, are exempt.
4 Not required if a fixed foam system is installed in accordance with 46 CFR 108.489.
(e) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected.
§ 149.410 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016.
Vessels contracted for prior to August 22, 2016 must meet the following requirements:
(a) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 149.409 of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels.
§ 149.411 What are the requirements for firemen’s outfits?
(a) Each manned deepwater port with nine or more persons must have at least two firemen’s outfits complying with 46 CFR 108.497.
(b) The person in charge of safety must ensure that:
(1) At least two people trained in the use of firemen’s outfits are on the deepwater port at all times;
(2) Each fireman’s outfit and its spare equipment are stowed together in a readily accessible container or locker. No more than one outfit must be stowed in the same container or locker. The two containers or lockers must be located in separate areas to ensure that at least one is available at all times in the event of a fire; and
(3) Firemen’s outfits are not used for any purpose other than firefighting.
§ 149.412 How many fire axes are needed?
Each manned deepwater port must have at least two fire axes as required by 46 CFR 108.499.
§ 149.413 On a manned deepwater port, what spaces require a fixed fire extinguishing system?
The manned deepwater port spaces or systems listed in paragraphs (a) through (c) of this section must be protected by an approved fixed gaseous or other approved fixed-type extinguishing system.
(a) Paint lockers with a carrying capacity of more than 200 cubic feet, and similar spaces containing flammable liquids.
(b) Galley ranges or deep fat fryers.
(c) Each enclosed space containing internal combustion or gas turbine machinery with an aggregate power of more than 1,000 B.H.P., and any associated fuel oil units, purifiers, valves, or manifolds.
§ 149.414 What are the requirements for a fire detection and alarm system?
(a) All accommodation and service spaces on a manned deepwater port, and all spaces or systems on a manned or unmanned deepwater port for processing, storing, transferring, or regasifying liquefied natural gas, must have an automatic fire detection and alarm system that:
(1) Either complies with 46 CFR 108.405 or
(2) Is designed and installed in compliance with a national consensus standard, as that term is defined in 29 CFR 1910.2, for fire detection and fire alarm systems, and that complies with standards set by a nationally recognized testing laboratory, as that term is defined in 29 CFR 1910.7, for such systems or hardware.
(b) Sleeping quarters must be fitted with smoke detectors that have local alarms and that may or may not be connected to the central alarm panel.
(c) Each fire detection and fire alarm system must have both a visual alarm and an audible alarm at a normally manned area.
(d) Each fire detection and fire alarm system must be divided into zones to limit the area covered by a particular alarm signal.
§ 149.415 What are the requirements for a fire main system on a manned deepwater port?
(a) Each pumping platform complex must have a fixed fire main system. The system must either:
(1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR 127.607 if it is a natural gas deepwater port; or
(2) Comply with a national consensus standard, as that term is defined in 29 CFR 1910.2, for such systems and hardware, and comply with the standards set by a nationally recognized testing laboratory, as that term is defined in 29 CFR 1910.7, for such systems and hardware.
(b) If the fire main system meets the requirements outlined in paragraph (a)(2) of this section, it must provide, at a minimum, protection to:
(1) Accommodation spaces;
(2) Accommodation modules;
(3) Control spaces; and
(4) Other areas frequented by deepwater port personnel.
(c) The hose system must be capable of reaching all parts of these spaces without difficulty.
(d) Under paragraph (a)(2) of this section, the fire main system may be part of a fire water system in accordance with 30 CFR 250.803.
(e) A fire main system for a natural gas deepwater port must also comply with 33 CFR 127.607.
§ 149.416 What are the requirements for a dry chemical fire suppression system?
Each natural gas deepwater port must be equipped with a dry chemical system that meets the requirements of § 127.609 of this chapter.
§ 149.417 What firefighting equipment must a helicopter landing deck on a manned deepwater port have?
Each helicopter landing deck on a manned deepwater port must have the following:
(a) A fire hydrant and hose located near each stairway to the landing deck. If the landing deck has more than two stairways, only two stairways need to have a fire hydrant and hose. The fire hydrants must be part of the fire main system; and
(b) Portable fire extinguishers in the quantity and location as required in Table 149.409 of this part.
§ 149.418 What fire protection system must a helicopter fueling facility have?
In addition to the portable fire extinguishers required under Table 149.409 of this part, each helicopter fueling facility must have a fire protection system complying with 46 CFR 108.489.
§ 149.419 Can the water supply for the helicopter deck fire protection system be part of a fire water system?
(a) The water supply for the helicopter deck fire protection system required under § 149.420 or § 149.421 of this part may be part of:
(1) The fire water system, installed in accordance with Bureau of Ocean Energy Management regulations under 30 CFR 250.803; or
(2) The fire main system under § 149.415 of this part.
(b) If the water supply for the helicopter deck fire protection system is part of an independent accommodation fire main system, the piping design and hardware must be compatible with the system and must comply with the requirements for fire mains in 46 CFR 108.415 through 108.429.
§ 149.420 What are the fire protection requirements for escape routes?
At least one escape route from an accommodation space or module to a survival craft or other means of evacuation must provide adequate protection. Separation of the escape route from the cargo area by steel construction, in accordance with 46 CFR 108.133, or equivalent protection is considered adequate protection for personnel escaping from fires and explosions. Additional requirements for escape routes are in subpart F of this part.
§ 149.421 What is the requirement for a previously approved fire detection and alarm system on a deepwater port?
An existing fire detection and alarm system on a deepwater port need not meet the requirements in this subpart until the system needs replacing, provided it is periodically tested and maintained in good operational condition.
General
§ 149.500 What does this subpart do?
This subpart provides requirements for aids to navigation on deepwater ports.
The following requirements apply to navigation aids under this subpart:
(a) Section 66.01-5 of this chapter, on application to establish, maintain, discontinue, change, or transfer ownership of an aid, except as under § 149.510 of this part;
(b) Section 66.01-25(a) and (c) of this chapter, on discontinuing or removing an aid. For the purposes of § 66.01-25(a) and (c) of this chapter, navigation aids at a deepwater port are considered Class I aids under § 66.01-15 of this chapter;
(c) Section 66.01-50 of this chapter, on protection of an aid from interference and obstruction; and
(d) Section 66.01-55 of this chapter, on transfer of ownership of an aid.
(a) To establish a navigation aid on a deepwater port, the licensee must submit an application under § 66.01-5 of this chapter, except that the application must be sent to the Commandant (CG-5P).
(b) At least 180 days before the installation of any structure at the site of a deepwater port, the licensee must submit an application for obstruction lights and other private navigation aids for the particular construction site.
(c) At least 180 days before beginning cargo transfer operations or changing the mooring facilities at the deepwater port, the licensee must submit an application for private aids to navigation.
Lights
§ 149.520 What kind of lights are required?
All deepwater ports must meet the general requirements for obstruction lights in part 67 of this chapter.
Lights on Platforms
§ 149.535 What are the requirements for rotating beacons on platforms?
In addition to obstruction lights, the tallest platform of a deepwater port must have a lit rotating beacon that distinguishes the deepwater port from other surrounding offshore structures. The beacon must:
(a) Have an effective intensity of at least 15,000 candela;
(b) Flash at least once every 20 seconds;
(c) Provide a white light signal;
(d) Operate in wind speeds of up to 100 knots at a rotation rate that is within 6 percent of the operating speed displayed on the beacon;
(e) Have one or more leveling indicators permanently attached to the light, each with an accuracy of ±0.25 ° or better; and
(f) Be located:
(1) At least 60 feet (about 18.3 meters) above mean high water;
(2) Where the structure of the platform, or equipment mounted on the platform, does not obstruct the light in any direction; and
(3) So that it is visible all around the horizon.
Lights on Single Point Moorings
§ 149.540 What are the requirements for obstruction lights on a single point mooring?
(a) The lights for a single point mooring must meet the requirements for obstruction lights in part 67 of this chapter, except that the lights must be located at least 10 feet (3 meters) above mean high water.
(b) A submerged turret loading (STL) deepwater port is not required to meet the requirements for obstruction lights, provided it maintains at least a five-foot (1.5 meters) clearance beneath the net under keel clearance at the mean low water condition for all vessels transiting the area.
(c) An STL deepwater port that utilizes a marker buoy must be lighted in accordance with paragraph (a) of this section.
Lights on Floating Hose Strings
§ 149.550 What are the requirements for lights on a floating hose string?
Hose strings that are floating or supported on trestles must display the following lights at night and during periods of restricted visibility:
(a) One row of yellow lights that must be:
(1) Flashing 50 to 70 times per minute;
(2) Visible all around the horizon;
(3) Visible for at least 2 miles (3.7 km) on a clear, dark night;
(4) Not less than 1 or more than 3.5 meters (3 to 11.5 feet) above the water;
(5) Approximately equally spaced;
(6) Not more than 10 meters (32.8 feet) apart where the hose string crosses a navigable channel; and
(7) Where the hose string does not cross a navigable channel, there must be a sufficient number to clearly show the hose string’s length and course.
(b) Two red lights at each end of the hose string, including the ends in a channel where the hose string is separated to allow vessels to pass, whether open or closed. The lights must be:
(1) Visible all around the horizon;
(2) Visible for at least 2 miles (3.7 km) on a clear, dark night; and
(3) One meter (3 feet) apart in a vertical line with the lower light at the same height above the water as the flashing yellow light.
Lights on Buoys Used To Define Traffic Lanes
§ 149.560 How must buoys used to define traffic lanes be marked and lighted?
(a) Each buoy that is used to define the lateral boundaries of a traffic lane at a deepwater port must meet § 62.25 of this chapter.
(b) The buoy must have an omni-directional light located at least 8 feet above the water.
(c) The buoy light must be located so that the structure of the buoy, or any other device mounted on the buoy, does not obstruct the light in any direction.
§ 149.565 What are the required characteristics and intensity of lights on buoys used to define traffic lanes?
(a) The buoy’s light color that defines the lateral boundaries of a traffic lane must comply with the buoy color schemes in § 62.25 of this chapter.
(b) The buoy light may be fixed or flashing. If it is flashing, it must flash at intervals of not more than 6 seconds.
(c) Buoy lights must have an effective intensity of at least 25 candela.
Miscellaneous
§ 149.570 How is a platform, single point mooring, or submerged turret loading identified?
(a) Each platform, single point mooring, or submerged turret loading (STL) that protrudes above the water or is marked by a buoy must display the name of the deepwater port and the name or number identifying the structure, so that the information is visible:
(1) From the water at all angles of approach to the structure; and
(2) From aircraft on approach to the structure if the structure is equipped with a helicopter pad.
(b) The information required in paragraph (a) of this section must be displayed in numbers and letters that are:
(1) At least 12 inches high;
(2) In vertical block style; and
(3) Displayed against a contrasting background.
(c) If an STL protrudes from the water, it must be properly illuminated in accordance with § 149.540 of this part.
§ 149.575 How must objects protruding from the water, other than platforms and single point moorings, be marked?
(a) Each object protruding from the water that is within 100 yards of a platform or single point mooring (SPM) must be marked with white reflective tape.
(b) Each object protruding from the water that is more than 100 yards from a platform or SPM must meet the obstruction lighting requirements in this subpart for a platform.
§ 149.580 What are the requirements for a radar beacon?
(a) A radar beacon (RACON) must be located on the tallest platform of a pumping platform complex or other fixed structure of the deepwater port.
(b) The RACON must be an FCC-accepted RACON or a similar type.
(c) The RACON must transmit:
(1) In both 2900-3100 MHz and 9300-9500 MHz frequency bands; or
(2) If installed before July 8, 1991, in the 9320-9500 MHz frequency band; and
(3) Transmit a signal of at least 250 milliwatts radiated power that is omni-directional and polarized in the horizontal plane;
(4) Transmit a two-element or more Morse code character, the length of which does not exceed 25 percent of the radar range expected to be used by vessels operating in the area;
(5) If of the frequency agile type, be programmed so that it will respond at least 40 percent of the time, but not more than 90 percent of the time, with a response-time duration of at least 24 seconds; and
(6) Be located at a minimum height of 15 feet above the highest deck of the platform and where the structure of the platform, or equipment mounted on the platform, does not obstruct the signal propagation in any direction.
§ 149.585 What are the requirements for sound signals?
(a) Each pumping platform complex must have a sound signal, approved under subpart 67.10 of this chapter, that has a 2-mile (3-kilometer) range. A list of Coast Guard-approved sound signals is available from any District Commander.
(b) Each sound signal must be:
(1) Located at least 10 feet, but not more than 150 feet, above mean high water; and
(2) Located where the structure of the platform, or equipment mounted on it, does not obstruct the sound of the signal in any direction.
Subpart F—Design and Equipment
General
§ 149.600 What does this subpart do?
This subpart provides general requirements for equipment and design on deepwater ports.
§ 149.610 What must the District Commander be notified of and when?
The District Commander must be notified of the following:
| When— | The District Commander must be notified— |
|---|---|
| (a) Construction of a pipeline, platform, or single point mooring (SPM) is planned | At least 30 days before construction begins. |
| (b) Construction of a pipeline, platform, or SPM begins | Within 24 hours, from the date construction begins, that the lights and sound signals are in use at the construction site. |
| (c) A light or sound signal is changed during construction | Within 24 hours of the change. |
| (d) Lights or sound signals used during construction of a platform, buoy, or SPM are replaced by permanent fixtures to meet the requirements of this part | Within 24 hours of replacement. |
| (e) The first cargo transfer operation begins | At least 60 days before the operation. |
§ 149.615 What construction drawings and specifications are required?
(a) To show compliance with the Act and this subchapter, the licensee must submit to the Commandant (CG-5P) or accepted Certifying Entity (CE) at least three copies of:
(1) Each construction drawing and specification; and
(2) Each revision to a drawing and specification.
(b) Each drawing, specification, and revision under paragraph (a) of this section must bear the seal, or a facsimile imprint of the seal, of the registered professional engineer responsible for the accuracy and adequacy of the material.
(c) Each drawing must identify the baseline design standard used as the basis for design.
§ 149.620 What happens when the Commandant (CG-5P) reviews and evaluates the construction drawings and specifications?
(a) The Commandant (CG-5P) may concurrently review and evaluate construction drawings and specifications with the Marine Safety Center and other Federal agencies having technical expertise, such as the Pipeline and Hazardous Materials Safety Administration and the Federal Energy Regulatory Commission, in order to ensure compliance with the Act and this subchapter.
(b) Construction may not begin until the drawings and specifications are approved by the Commandant (CG-5P).
(c) Once construction begins, the Coast Guard periodically inspects the construction site to ensure that the construction complies with the drawings and specifications approved under paragraph (b) of this section.
(d) When construction is complete, the licensee must submit two complete sets of as-built drawings and specifications to the Commandant (CG-5P).
§ 149.625 What are the design standards?
(a) Each component, except for those specifically addressed elsewhere in this subpart, must be designed to withstand at least the combined wind, wave, and current forces of the most severe storm that can be expected to occur at the deepwater port in any 100-year period. Component design must meet a recognized industry standard and be appropriate for the protection of human life from death or serious injury, both on the deepwater port and on vessels calling on or servicing the deepwater port, and for the protection of the environment.
(b) The applicant or licensee will be required to submit to the Commandant (CG-5P) a design basis for approval containing all proposed standards to be used in the fabrication and construction of deepwater port components.
(c) Heliports on floating deepwater ports must be designed in compliance with the regulations at 46 CFR part 108.
Structural Fire Protection
§ 149.640 What are the requirements for fire protection systems?
Manned deepwater ports built after January 1, 2004, and manned deepwater ports that undergo major conversions, must comply with the requirements for structural fire protection outlined in this part.
§ 149.641 What are the structural fire protection requirements for accommodation spaces and modules?
(a) Accommodation spaces and modules must be designed, located, and constructed so as to minimize the effects of flame, excess heat, or blast effects caused by fires and explosions; and to provide safe refuge from fires and explosions for personnel for the minimum time needed to evacuate the space.
(b) The requirement in paragraph (a) of this section may be met by complying with 46 CFR 108.131 through 108.147, provided that:
(1) The exterior boundaries of superstructures and deckhouses enclosing these spaces and modules, including any overhanging deck that supports these spaces and modules, are constructed to the A-60 standard defined in 46 CFR 108.131(b)(2) for any portion that faces and is within 100 feet of the hydrocarbon source; and
(2) The ventilation system has both a means of shutting down the system and an alarm at a manned location that sounds when any hazardous or toxic substance enters the system.
(c) As an alternative to paragraph (b) of this section, the requirement in paragraph (a) of this section may be met by complying with a national consensus standard, as that term is defined in 29 CFR 1910.2, for the structural fire protection of accommodation spaces and modules, and that complies with the standards set by a nationally recognized testing laboratory, as that term is defined by 29 CFR 1910.7, for such protection, provided that:
(1) All such spaces and modules on deepwater manned ports are provided with automatic fire detection and alarm systems. The alarm system must signal a normally manned area both visually and audibly, and be divided into zones to limit the area covered by a particular alarm signal;
(2) Sleeping quarters are fitted with smoke detectors that have local alarms that may or may not be connected with the central alarm panel; and
(3) Independent fire walls are constructed and installed so as to be of size and orientation sufficient to protect the exterior surfaces of the spaces or modules from extreme radiant heat flux levels, and provide the A-60 standard defined in 46 CFR 108.131(b)(2).
Single Point Moorings
§ 149.650 What are the requirements for single point moorings and their attached hoses?
Each single point mooring and its attached hose must be designed for the protection of the environment and for durability under combined wind, wave, and current forces of the most severe storm that can be expected to occur at the port in any 100-year period. The appropriateness of a design may be shown by its compliance with standards generally used within the offshore industry that are at least equivalent, in protecting the environment, to the standards in use on January 1, 2003, by any recognized classification society as defined in 46 CFR 8.100.
Helicopter Fueling Facilities
§ 149.655 What are the requirements for helicopter fueling facilities?
Helicopter fueling facilities must comply with 46 CFR 108.489 or an equivalent standard.
Emergency Power
§ 149.660 What are the requirements for emergency power?
(a) Each pumping platform complex must have emergency power equipment including a power source, associated transforming equipment, and a switchboard to provide power to simultaneously operate all of the following for a continuous period of 18 hours:
(1) Emergency lighting circuits;
(2) Aids to navigation equipment;
(3) Communications equipment;
(4) Radar equipment;
(5) Alarm systems;
(6) Electrically operated fire pumps; and
(7) Other electrical equipment identified as emergency equipment in the operations manual for the deepwater port.
(b) The equipment required by paragraph (a) of this section must:
(1) All be located in the same space; and
(2) Contain only machinery and equipment for the supply of emergency power (i.e., no oil or natural gas transfer pumping equipment) in accordance with 46 CFR 112.05.
General Alarm System
§ 149.665 What are the requirements for a general alarm system?
Each pumping platform complex must have a general alarm system that:
(a) Is capable of being manually activated by using alarm boxes;
(b) Is audible in all parts of the pumping platform complex, except in areas of high ambient noise levels where hearing protection is required under § 150.613 of this chapter; and
(c) Has a high intensity flashing light in areas where hearing protection is used.
§ 149.670 What are the requirements for marking a general alarm system?
Each of the following must be marked with the words “General Alarm” in yellow letters at least 1 inch high on a red background:
(a) Each general alarm box; and
(b) Each audio or visual device described under § 149.665 of this part for signaling the general alarm.
Public Address System
§ 149.675 What are the requirements for the public address system?
(a) For a manned deepwater port, each pumping platform complex must have a public address system operable from two locations on the complex.
(b) For an unmanned deepwater port, the vessel master must provide a working public address system on a vessel while it is moored or otherwise connected to the deepwater port.
Medical Treatment Rooms
§ 149.680 What are the requirements for medical treatment rooms?
Each deepwater port with sleeping spaces for 12 or more persons, including persons in accommodation modules, must have a medical treatment room that has—
(a) A sign at the entrance designating it as a medical treatment room;
(b) An entrance that is wide enough and arranged to readily admit a person on a stretcher;
(c) A single berth or examination table that is accessible from both sides; and
(d) A washbasin located in the room.
§ 149.685 May a medical treatment room be used for other purposes?
A medical treatment room may be used as a sleeping space if the room meets the requirements of this subpart for both medical treatment rooms and sleeping spaces. It may also be used as an office. However, when used for medical purposes, the room may not be used as a sleeping space or office.
Miscellaneous
§ 149.690 What are the requirements for means of escape, personnel landings, guardrails, similar devices, and for noise limits?
Each deepwater port must comply with the requirements for means of escape, personnel landings, guardrails and similar devices, and noise limits as outlined in §§ 149.691 through 149.699 of this part.
Means of Escape
§ 149.691 What means of escape are required?
(a) Each deepwater port must have both primary and secondary means of escape. Each of these means must either:
(1) Comply with 46 CFR 108.151; or
(2) Be designed and installed in compliance with a national consensus standard, as that term is defined in 29 CFR 1910.2, for use in evacuating the deepwater port.
(b) A primary means of escape consists of a fixed stairway or a fixed ladder, constructed of steel.
(c) A secondary means of escape consists of either:
(1) A fixed stairway or a fixed ladder, constructed of steel; or
(2) A marine evacuation system, a portable flexible ladder, a knotted manrope, or a similar device determined by the Sector Commander, or MSU Commander with COTP and OCMI authority to provide an equivalent or better means of escape.
§ 149.692 Where must they be located?
(a) Each means of escape must be easily accessible to personnel for rapidly evacuating the deepwater port.
(b) When two or more means of escape are installed, at least two must be located as nearly diagonally opposite each other as practicable.
(c) When the floor area of any of the following spaces contains 300 square feet or more, the space must have at least two exits as widely separated from each other as possible:
(1) Each accommodation space; and
(2) Each space that is used on a regular basis, such as a control room, machinery room, storeroom, or other space where personnel could be trapped in an emergency.
(d) On a manned deepwater port, each structural appendage that is not occupied continuously, and that does not contain living quarters, workshops, offices, or other manned spaces must have at least one primary means of escape. The Sector Commander, or MSU Commander with COTP and OCMI authority may also determine that one or more secondary means of escape is required.
(e) When personnel are on an unmanned deepwater port, the deepwater port must have, in addition to the one primary means of escape, either:
(1) Another primary means of escape; or
(2) One or more secondary means of escape in any work space that may be temporarily occupied by 10 persons or more.
(f) Structural appendages to an unmanned deepwater port do not require a primary or a secondary means of escape, unless the Sector Commander, or MSU Commander with COTP and OCMI authority determines that one or more are necessary.
(g) Each means of escape must extend from the deepwater port’s uppermost working level to each successively lower working level, and so on to the water surface.
Personnel Landings
§ 149.693 What are the requirements for personnel landings on manned deepwater ports?
(a) On manned deepwater ports, sufficient personnel landings must be provided to assure safe access and egress.
(b) The personnel landings must be provided with satisfactory illumination. The minimum is 1 foot candle of artificial illumination as measured at the landing floor and guards and rails.
Guardrails and Similar Devices
§ 149.694 What are the requirements for catwalks, floors, and openings?
(a) The configuration and installation of catwalks, floors, and openings must comply with § 143.110 of this chapter.
(b) This section does not apply to catwalks, floors, deck areas, or openings in areas not normally occupied by personnel or on helicopter landing decks.
§ 149.695 What are the requirements for stairways?
Stairways must have at least two courses of rails. The top course must serve as a handrail and be at least 34 inches above the tread.
§ 149.696 What are the requirements for a helicopter landing deck safety net?
A helicopter landing deck safety net must comply with 46 CFR 108.235.
Noise Limits
§ 149.697 What are the requirements for a noise level survey?
(a) A survey to determine the maximum noise level during normal operations must be conducted in each accommodation space, working space, or other space routinely used by personnel. The recognized methodology used to conduct the survey must be specified in the survey results. Survey results must be kept on the deepwater port or, for an unmanned deepwater port, in the owner’s principal office.
(b) The noise level must be measured over 12 hours to derive a time weighted average (TWA) using a sound level meter and an A-weighted filter or equivalent device.
(c) If the noise level throughout a space is determined to exceed 85 db(A), based on the measurement criteria in paragraph (b) of this section, then signs must be posted with the legend: “Noise Hazard—Hearing Protectors Required.” Signs must be posted at eye level at each entrance to the space.
(d) If the noise level exceeds 85 db(A) only in a portion of a space, then the sign described in paragraph (c) of this section must be posted within that portion where visible from each direction of access.
(e) Working spaces and other areas routinely used by personnel, other than accommodation spaces, must be designed to limit the noise level in those areas so that personnel wearing hearing protectors may hear warning and emergency alarms. If this is not practicable and warning and emergency alarms cannot be heard, visual alarms in addition to the audible alarms must be installed.
Portable Lights
§ 149.700 What kind of portable lights may be used on a deepwater port?
Each portable light and its supply cord on a deepwater port must be designed for the environment where it is used.
PART 150—DEEPWATER PORTS: OPERATIONS
Subpart A—General
§ 150.1 What does this part do?
This part provides requirements for the operation of deepwater ports.
§ 150.5 Definitions.
See § 148.5 of this chapter for the definition of certain terms used in this part.
§ 150.10 What are the general requirements for operations manuals?
(a) Each deepwater port must have an operations manual that addresses policies and procedures for normal and emergency operations conducted at the deepwater port. The operations manual must, at a minimum, include the requirements outlined in § 150.15 of this part.
(b) The operations manual is reviewed and approved by the Commandant (CG-5P), who may consult with the local Sector Commander, or MSU Commander, with COTP and OCMI authority, as meeting the requirements of the Act and this subchapter. The original manual is approved as part of the application process in part 148 of this chapter.
(c) The Sector Commander, or MSU Commander, with COTP and OCMI authority may approve subsequent changes to the operations manual, provided the Commandant (CG-5P) is notified and consulted regarding any significant modifications.
(d) The manual must be readily available on the deepwater port for use by personnel.
(e) The licensee must ensure that all personnel are trained and follow the procedures in the manual while at the deepwater port.
§ 150.15 What must the operations manual include?
The operations manual required by § 150.10 of this part must identify the deepwater port and include the information required in this section.
(a) General information. A description of the geographic location of the deepwater port.
(b) A physical description of the deepwater port.
(c) Engineering and construction information, including all defined codes and standards used for the deepwater port structure and systems. The operator must include schematics of all applicable systems. Schematics must show the location of valves, gauges, system working pressure, relief settings, monitoring systems, and other pertinent information.
(d) Communications system. A description of a comprehensive communications plan, including:
(1) Dedicated frequencies;
(2) Communication alerts and notices between the deepwater port and arriving and departing vessels; and
(3) Mandatory time intervals or communication schedules for maintaining a live radio watch, and monitoring frequencies for communication with vessels and aircraft.
(e) Facility plan. A layout plan for the mooring areas, navigation aids, cargo transfer locations, and control stations.
(f) The hours of operation.
(g) The size, type, number, and simultaneous operations of tankers that the deepwater port can handle.
(h) Calculations, with supporting data or other documentation, to show that the charted water depth at each proposed mooring location is sufficient to provide at least a net under keel clearance of 5 feet, at the mean low water condition.
(i) Tanker navigation procedures. The procedures for tanker navigation, including the information required in paragraphs (i)(1) through (i)(9) of this section.
(1) The operating limits, maneuvering capability, draft, net under keel clearance, tonnage, length, and breadth of the tanker that will be accommodated at each designated mooring.
(2) The speed limits proposed for tankers in the safety zone and area to be avoided around the deepwater port.
(3) Any special navigation or communication equipment that may be required for operating in the safety zone and area to be avoided.
(4) The measures for routing vessels, including a description of the radar navigation system to be used in operation of the deepwater port:
(i) Type of radar;
(ii) Characteristics of the radar;
(iii) Antenna location;
(iv) Procedures for surveillance of vessels approaching, departing, navigating, and transiting the safety zone and area to be avoided;
(v) Advisories to each tanker underway in the safety zone regarding the vessel’s position, deepwater port conditions, and status of adjacent vessel traffic;
(vi) Notices that must be made, as outlined in § 150.325 of this part, by the tanker master regarding the vessel’s characteristics and status; and
(vii) Rules for navigating, mooring, and anchoring in a safety zone, area to be avoided, and anchorage area.
(5) Any mooring equipment needed to make up to the single point mooring (SPM).
(6) The procedures for clearing tankers, support vessels, and other vessels and aircraft during emergency and routine conditions.
(7) Weather limits for tankers, including a detailed description of how to forecast the wind, wave, and current conditions for:
(i) Shutdown of cargo transfer operations;
(ii) Departure of the tanker from the mooring;
(iii) Prohibition on mooring at the deepwater port or SPM; and
(iv) Shutdown of all deepwater port operations and evacuation of the deepwater port.
(8) Any special illumination requirements for vessel arrival, discharge, and departure operations.
(9) Any special watchstanding requirements for vessel transiting, mooring, or anchoring.
(j) Personnel. The duties, title, qualifications, and training of all deepwater port personnel responsible for managing and carrying out the following deepwater port activities and functions:
(1) Vessel traffic management;
(2) Cargo transfer operations;
(3) Safety and fire protection;
(4) Maintenance and repair operations;
(5) Emergency procedures; and
(6) Deepwater port security.
(k) The personnel assigned to supervisory positions must be designated, in writing, by the licensee and have the appropriate experience and training to satisfactorily perform their duties. The Commandant (CG-5P) will review and approve the qualifications for all proposed supervisory positions.
(l) Cargo transfer procedures. The procedures for cargo transfer must comply with the applicable requirements of parts 154 and 156 for oil, and subpart B (Operations) to part 127 for natural gas, respectively, of this chapter, including the requirements specified in paragraphs (l)(1) through (l)(10) of this section.
(1) The requirements for oil transfers in accordance with subpart A to part 156 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment such as hoses, connectors, closure devices, monitoring devices, and containment;
(iii) Connecting and disconnecting transfer equipment, including a floating hose string for a single point mooring (SPM);
(iv) Preparation of the Declaration of Inspection; and
(v) Supervision by a person in charge.
(2) The requirements for natural gas transfers in accordance with subpart B to part 127 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment such as hoses, connectors, closure devices, leak monitoring devices, and containment;
(iii) Connecting and disconnecting of transfer equipment, including to a floating hose string for a SPM;
(iv) Line purging to test for leaks and to prepare for cool-down or heat-up phases as appropriate;
(v) Preparation of the Declaration of Inspection; and
(vi) Supervision by a deepwater port person in charge.
(3) The shipping name of, and Material Safety Data Sheet on, any product transferred.
(4) The duties, title, qualifications, and training of personnel of the deepwater port designated as the person in charge and responsible for managing cargo transfers, including ballasting operations if applicable to the deepwater port, in accordance with subpart D of part 154 for oil, and subpart B (Operations) of part 127 for natural gas, respectively, of this chapter.
(5) Minimum requirements for watch personnel on board the vessel during transfer operations, such as personnel necessary for checking mooring gear, monitoring communications, and maintaining propulsion and steering on standby.
(6) The start up and completion of pumping.
(7) Emergency shutdown.
(8) The maximum relief valve settings, the maximum available working pressure, and hydraulic shock to the system without relief valves, or both.
(9) Equipment necessary to discharge cargo to the port complex without harm to the environment or to persons involved in the cargo transfer, including piping, adapters, bolted flanges, and quick-disconnect coupling.
(10) A description of the method used to water and de-water the single point mooring hoses when required.
(m) Unusual arrangements that may be applicable, including:
(1) A list and description of any extraordinary equipment or assistance available to vessels with inadequate pumping capacity, small cargoes, small diameter piping, or inadequate crane capacity; and
(2) A description of special storage or delivery arrangements for unusual cargoes; for example, cool-down requirements for transfer system components prior to transfer of liquefied natural gas.
(n) Maintenance procedures. A maintenance program to document service and repair of key equipment such as:
(1) Cargo transfer equipment;
(2) Firefighting and fire protection equipment;
(3) Facility support services, such as generators, evaporators, etc.;
(4) Safety equipment; and
(5) Cranes.
(o) A waste management plan comparable to § 151.57 of this chapter.
(p) Occupational health and safety training procedures. Policy and procedures to address occupational health and safety requirements outlined in §§ 150.600 to 150.632 of this part, including:
(1) Employee training in safety and hazard awareness, and proper use of personnel protective equipment;
(2) Physical safety measures in the workplace, such as housekeeping and illumination of walking and working areas;
(3) Fall arrest;
(4) Personnel transfer nets;
(5) Hazard communication (right-to-know);
(6) Permissible exposure limits;
(7) Machine guarding;
(8) Electrical safety;
(9) Lockout/tagout;
(10) Crane safety;
(11) Sling usage;
(12) Hearing conservation;
(13) Hot work;
(14) Warning signs;
(15) Confined space safety; and
(16) Initial and periodic training and certification to be documented for each deepwater port employee and for visitors, where appropriate; for example, safety orientation training.
(q) Emergency notification procedures. Emergency internal and external notification procedures:
(1) Names and numbers of key deepwater port personnel;
(2) Names and numbers of law enforcement and response agencies;
(3) Names and numbers of persons in charge of any Outer Continental Shelf facility that, due to close proximity, could be affected by an incident at the deepwater port.
(r) Quantity, type, location, and use of safety and fire protection equipment, including the fire plan.
(s) Aerial operations such as helicopter landing pad procedures.
(t) Deepwater port response procedures for:
(1) Fire;
(2) Reportable product spill;
(3) Personnel injury, including confined space rescue; and
(4) Terrorist activity, as described in the deepwater port security plan.
(u) Emergency evacuation procedures comparable to § 146.140(d) of this chapter.
(v) Designation of and assignment of deepwater port personnel to response teams for specific contingencies.
(w) Individual and team training for incident response, in accordance with 46 CFR 109.213, to cover:
(1) Care and use of equipment;
(2) Emergency drills and response, to include:
(i) Type;
(ii) Frequency, which must be at least annually; and
(iii) Documentation, including records, reports and dissemination of “lessons learned”.
(3) Documentation of the following minimum training requirements for response team members:
(i) Marine firefighting training;
(ii) First aid/CPR;
(iii) Water survival;
(iv) Spill response and clean up;
(v) Identification of at least one employee trained and certified at the basic level as an emergency medical technician; and
(vi) Identification of at least two employees trained and certified as offshore competent persons in prevention of inadvertent entry into hazardous confined spaces.
(x) Security procedures. Deepwater port operators must develop a deepwater port security plan comparable to those required by 33 CFR part 106. The plan must address at least:
(1) Access controls for goods and materials and access controls for personnel that require positive and verifiable identification;
(2) Monitoring and alerting of vessels that approach or enter the deepwater port’s security zone;
(3) Risk identification and procedures for detecting and deterring terrorist or subversive activity, such as security lighting and remotely-alarmed restricted areas;
(4) Internal and external notification and response requirements in the event of a perceived threat or an attack on the deepwater port;
(5) Designation of the deepwater port security officer;
(6) Required security training and drills for all personnel; and
(7) The scalability of actions and procedures for the various levels of threat.
(y) Special operations procedures. Include procedures for any special operations, such as:
(1) Evacuation and re-manning;
(2) Refueling;
(3) Diving;
(4) Support vessel operations;
(5) Providing logistical services; and
(6) Contingency response for events that could affect nearby existing Outer Continental Shelf oil and gas facilities, such as explosions, fires, or product spills.
(z) Recordkeeping of maintenance procedures, tests, and emergency drills outlined elsewhere in the operations manual.
(aa) Environmental procedures. A program for maintaining compliance with license conditions and applicable environmental laws, by periodic monitoring of the environmental effects of the port and its operations, including:
(1) Air and water monitoring in accordance with applicable Federal and State law;
(2) A routine re-examination, not less than once every 5 years, of the physical, chemical, and biological factors contained in the deepwater port’s environmental impact analysis and baseline study submitted with the license application; and
(3) A risk management plan, addressing the potential for an uncontrolled release; or provision for more detailed studies following any uncontrolled release or other unusual event that adversely affects the environment.
§ 150.20 How many copies of the operations manual must be given to the Coast Guard?
The draft operations manual must be included with the application, and the number of copies is governed by § 148.115 of this chapter. At least five copies of the final operations manual, and of any subsequent amendment, must be submitted to the Commandant (CG-5P). Additional copies may be required to meet the needs of other agencies.
§ 150.25 Amending the operations manual.
(a) Whenever the cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority finds that the operations manual does not meet the requirements of this part, the COTP notifies the licensee, in writing, of the inadequacies in the manual.
(b) Within 45 days after the notice under paragraph (a) of this section is sent, the licensee must submit written proposed amendments to eliminate the inadequacies.
(c) The cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority reviews the amendments and makes a determination as to the adequacy of the amendments and notifies the licensee of the determination.
(d) If the Sector Commander, or MSU Commander, with COTP and OCMI authority decides that an amendment is necessary, the amendment goes into effect 60 days after the Sector Commander, or MSU Commander, with COTP and OCMI authority notifies the licensee of the amendment.
(e) The licensee may petition the Commandant (CG-5P), via the appropriate district office, to review the decision of the Sector Commander, or MSU Commander, with COTP and OCMI authority. In this case, the effective date of the amendment is delayed pending the Commandant’s decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander, with COTP and OCMI authority to forward to the Commandant (CG-5P).
(f) If the Sector Commander, or MSU Commander, with COTP and OCMI authority finds that a particular situation requires immediate action to prevent a spill or discharge, or to protect the safety of life and property, the he or she may issue an amendment effective on the date that the licensee receives it. The Sector Commander, or MSU Commander, with COTP and OCMI authority must include a brief statement of the reasons for the immediate amendment. The licensee may petition the District Commander for review, but the petition does not delay the effective date of the amendment.
§ 150.30 Proposing an amendment to the operations manual.
(a) The licensee may propose an amendment to the operations manual:
(1) By submitting to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, in writing, the amendment and reasons for the amendments not less than 30 days before the requested effective date of the amendment; or
(2) If the amendment is needed immediately, by submitting the amendment, and reasons why the amendment is needed immediately, to the Sector Commander, or MSU Commander, with COTP and OCMI authority in writing.
(b) The Sector Commander, or MSU Commander, with COTP and OCMI authority must respond to a proposed amendment by notifying the licensee, in writing, before the requested date of the amendment whether the request is approved. If the request is disapproved, the Sector Commander, or MSU Commander, with COTP and OCMI authority must include the reasons for disapproval in the notice. If the request is for an immediate amendment, the Sector Commander, or MSU Commander, with COTP and OCMI authority must respond as soon as possible.
§ 150.35 How may an Adjacent Coastal State request an amendment to the deepwater port operations manual?
(a) An Adjacent Coastal State connected by pipeline to the deepwater port may petition the cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority to amend the operations manual. The petition must include sufficient information to allow the Sector Commander, or MSU Commander, with COTP and OCMI authority to reach a decision concerning the proposed amendment.
(b) After the Sector Commander, or MSU Commander, with COTP and OCMI authority receives a petition, the Sector Commander, or MSU Commander, with COTP and OCMI authority requests comments from the licensee.
(c) After reviewing the petition and comments, and considering the costs and benefits involved, the Sector Commander, or MSU Commander, with COTP and OCMI authority may approve the petition if the proposed amendment will provide equivalent or improved protection and safety. The Adjacent Coastal State may petition the Commandant (CG-5P) to review the decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander, with COTP and OCMI authority for forwarding to the Commandant (CG-5P) via the District Commander.
§ 150.40 Deviating from the operations manual.
If, because of a particular situation, the licensee needs to deviate from the operations manual, the licensee must submit a written request to the Captain of the Port (COTP) explaining why the deviation is necessary and what alternative is proposed. If the COTP determines that the deviation would ensure equivalent or greater protection and safety, the COTP authorizes the deviation and notifies the licensee in writing.
§ 150.45 Emergency deviation from this subchapter or the operations manual.
In an emergency, any person may deviate from any requirement in this subchapter, or any procedure in the operations manual, to ensure the safety of life, property, or the environment. Each deviation must be reported to the Sector Commander, or MSU Commander, with COTP and OCMI authority, at the earliest possible time.
§ 150.50 What are the requirements for a facility spill response plan?
(a) Each deepwater port which meets the applicability requirements of part 154 subpart F of this chapter must have a facility response plan that is approved by the Sector Commander, or MSU Commander, with COTP and OCMI authority.
(b) Each natural gas deepwater port must have a natural gas facility emergency plan that meets part 127, subpart B of this chapter.
(c) The response plan must be submitted to the Sector Commander, or MSU Commander, with COTP and OCMI authority, in writing, not less than 60 days before the deepwater port begins operation.
Subpart B—Inspections
§ 150.100 What are the requirements for inspecting deepwater ports?
Under the direction of the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, marine inspectors may inspect deepwater ports to determine whether the requirements of this subchapter are met. A marine inspector may conduct an inspection, with or without advance notice, at any time the Sector Commander or MSU Commander deems necessary.
§ 150.105 What are the requirements for annual self-inspection?
(a) The owner or operator of each manned deepwater port must ensure that the deepwater port is regularly inspected to determine whether the facility is in compliance with the requirements of this subchapter. The inspection must be at intervals of no more than 12 months. The inspection may be conducted up to 2 months after its due date, but will be valid for only the 12 months following that due date.
(b) The owner or operator must record and submit the results of the annual self-inspection to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority within 30 days of completing the inspection. The report must include a description of any failure, and the scope of repairs made to components or equipment, in accordance with the requirements in subpart I of this part, other than primary lifesaving, firefighting, or transfer equipment, which are inspected and repaired in accordance with subpart F.
(c) Prior to the initiation of a self-inspection plan, and before commencement of operations, the owner or operator must submit a proposal describing the self-inspection plan to the Sector Commander, or MSU Commander, with COTP and OCMI authority for acceptance. The plan must address all applicable requirements outlined in parts 149 and 150 of this subchapter.
§ 150.110 What are the notification requirements upon receipt of classification society certifications?
The licensee must notify the Sector Commander, or MSU Commander, with COTP and OCMI duties, in writing, upon receipt of a classification society certification, interim class certificate, or single point mooring classification certificate.
Subpart C—Personnel
§ 150.200 Who must ensure that deepwater port personnel are qualified?
The licensee must ensure that the individual filling a position meets the qualifications for that position as outlined in the operations manual.
§ 150.205 What are the language requirements for deepwater port personnel?
Only persons who read, write, and speak English may occupy the essential management positions outlined in the operations manual.
§ 150.210 What are the restrictions on serving in more than one position?
No person may serve in more than one of the essential management positions outlined in the operations manual at any one time.
§ 150.225 What training and instruction are required?
Personnel must receive training and instruction commensurate with the position they hold. Procedures for documenting employee training must be outlined in the operations manual.
§ 150.300 What does this subpart do?
This subpart supplements the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) described in subchapter D of this chapter, and prescribes requirements that:
(a) Apply to the navigation of all vessels at or near a deepwater port; and
(b) Apply to all vessels while in a safety zone, area to be avoided, or no anchoring area.
§ 150.305 How does this subpart apply to unmanned deepwater ports?
The master of any tanker calling at an unmanned deepwater port is responsible for the safe navigation of the vessel to and from the deepwater port, and for the required notifications in § 150.325 of this part. Once the tanker is connected to the unmanned deepwater port, the master must maintain radar surveillance in compliance with the requirements of § 150.310 of this part.
§ 150.310 When is radar surveillance required?
A manned deepwater port’s person in charge of vessel operations must maintain radar surveillance of the safety zone or area to be avoided when:
(a) A tanker is proceeding to the safety zone after submitting the report required in § 150.325 in this part;
(b) A tanker or support vessel is underway in the safety zone or area to be avoided;
(c) A vessel other than a tanker or support vessel is about to enter or is underway in the safety zone or area to be avoided; or
(d) As described in the deepwater port security plan.
§ 150.320 What advisories are given to tankers?
A manned deepwater port’s person in charge of vessel operations must advise the master of each tanker underway in the safety zone or area to be avoided of the following:
(a) At intervals not exceeding 10 minutes, the vessel’s position by range and bearing from the pumping platform complex; and
(b) The position and the estimated course and speed, if moving, of all other vessels that may interfere with the movement of the tanker within the safety zone or area to be avoided.
§ 150.325 What is the first notice required before a tanker enters the safety zone or area to be avoided?
(a) The owner, master, agent, or person in charge of a tanker bound for a manned deepwater port must comply with the notice of arrival requirements in subpart C of part 160 of this chapter.
(b) The owner, master, agent, or person in charge of a tanker bound for a manned deepwater port must report the pertinent information required in § 150.15(i)(4)(vi) of this part for the vessel, including:
(1) The name, gross tonnage, and draft of the tanker;
(2) The type and amount of cargo in the tanker;
(3) The location of the tanker at the time of the report;
(4) Any conditions on the tanker that may impair its navigation, such as fire, or malfunctioning propulsion, steering, navigational, or radiotelephone equipment. The testing requirements in § 164.25 of this chapter are applicable to vessels arriving at a deepwater port;
(5) Any leaks, structural damage, or machinery malfunctions that may impair cargo transfer operations or cause a product discharge; and
(6) The operational condition of the equipment listed under § 164.35 of this chapter on the tanker.
(c) If the estimated time of arrival changes by more than 6 hours from the last reported time, the National Vessel Movement Center (NVMC) and the port’s person in charge of vessel operations must be notified of the correction as soon as the change is known.
(d) If the information reported in paragraphs (b)(4) or (b)(5) of this section changes at any time before the tanker enters the safety zone or area to be avoided at the deepwater port, or while the tanker is in the safety zone or area to be avoided, the master of the tanker must report the changes to the NVMC and port’s person in charge of vessel operations as soon as possible.
§ 150.330 What is the second notice required before a tanker enters the safety zone or area to be avoided?
When a tanker bound for a manned deepwater port is 20 miles from entering the port’s safety zone or area to be avoided, the master of the tanker must notify the port’s person in charge of vessel operations of the tanker’s name and location.
(a) A tanker must enter or depart the port’s safety zone or area to be avoided in accordance with the navigation procedures in the port’s approved operations manual as described in § 150.15(i) of this part.
(b) A tanker must not anchor in the safety zone or area to be avoided, except in a designated anchorage area.
(c) A tanker may not enter a safety zone or area to be avoided in which another tanker is present, unless it has been cleared by the person in charge of the port and no other tankers are underway.
(d) A tanker must not operate, anchor, or moor in any area of the safety zone or area to be avoided in which the net under keel clearance would be less than 5 feet.
§ 150.345 How are support vessels cleared to move within the safety zone or area to be avoided?
All movements of support vessels within a manned deepwater port’s safety zone or area to be avoided must be cleared in advance by the port’s person in charge of vessel operations.
A support vessel must not anchor in the safety zone or area to be avoided, except:
(a) In an anchorage area; or
(b) For vessel maintenance, which, in the case of a manned deepwater port, must be cleared by the port’s person in charge of vessel operations.
§ 150.355 How are other vessels cleared to move within the safety zone?
(a) Clearance by a manned deepwater port’s person in charge of vessel operations is required before a vessel, other than a tanker or support vessel, enters the safety zone.
(b) The port’s person in charge of vessel operations may clear a vessel under paragraph (a) of this section only if its entry into the safety zone would not:
(1) Interfere with the purpose of the deepwater port;
(2) Endanger the safety of life, property, or environment; or
(3) Be prohibited by regulation.
(c) At an unmanned deepwater port, such as a submerged turret landing (STL) system, paragraphs (a) and (b) of this section apply once a tanker connects to the STL buoy.
§ 150.380 Under what circumstances may vessels operate within the safety zone or area to be avoided?
(a) Table 150.380(a) of this section lists both the areas within a safety zone where a vessel may operate and the clearance needed for that location.
Table 150.380(
| Regulated activities | Safety zone | Areas to be avoided around each deepwater port component 1 | Anchorage areas | Other areas within and adjacent to the safety zone (e.g., no anchoring area) |
|---|---|---|---|---|
| Tankers calling at port | C | C | C | C |
| Support vessel movements | C | C | C | C |
| Transit by vessels other than tankers or support vessels | F | D | P | P |
| Mooring to surface components (for example an SPM) by vessels other than tankers or support vessels | N | N | N | N |
| Anchoring by vessels other than tankers or support vessels | N | F | C | F |
| Fishing, including bottom trawl (shrimping) | N | D | P | N |
| Mobile drilling operations or erection of structures. 2 | N | R | N | N |
| Lightering/transshipment | N | N | N | N |
1 Areas to be avoided are in subpart J of this part.
2 Not part of Port Installation.
C—Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D—Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the person in charge of vessel operations.
F—Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger to the ship or persons on board.
N—Not permitted.
P—Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel traffic supervisor.
R—Permitted only if determined that operation does not create unacceptable risk to personnel safety and security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical miles.
(b) If the activity is not listed in table 150.380(a) of this section, or otherwise provided for in this subpart, the Sector Commander’s, or MSU Commander’s, with COTP and OCMI authority permission is required before operating in the safety zone or regulated navigation area.
§ 150.385 What is required in an emergency?
In an emergency, for the protection of life or property, a vessel may deviate from a vessel movement requirement in this subpart without clearance from a manned deepwater port’s person in charge of vessel operations if the master advises the port person in charge of the reasons for the deviation at the earliest possible moment.
Subpart E—Cargo Transfer Operations
§ 150.400 What does this subpart do?
This subpart prescribes rules that apply to the transfer of oil or natural gas at a deepwater port.
§ 150.405 How must a cargo transfer system be tested and inspected?
(a) No person may transfer oil or natural gas through a cargo transfer system (CTS) at a deepwater port unless it has been inspected and tested according to this section.
(b) The single point mooring (SPM)-CTS must be maintained as required by the design standards used to comply with § 149.650 of this chapter.
(c) If the manufacturer’s maximum pressure rating for any cargo transfer hose in a SPM-CTS has been exceeded, unless it was exceeded for testing required by this section, the hose must be:
(1) Removed;
(2) Hydrostatically tested to 1.5 times its maximum working pressure for oil, or 1.1 times its maximum working pressure for natural gas; and
(3) Visually examined externally and internally for evidence of:
(i) Leakage;
(ii) Loose covers;
(iii) Kinks;
(iv) Bulges;
(v) Soft spots; and
(vi) Gouges, cuts, or slashes that penetrate the hose reinforcement.
(d) Each submarine hose used in cargo transfer operations in an SPM-CTS must have been removed from its coupling, surfaced, and examined as described in paragraphs (c)(2) and (c)(3) of this section, within the preceding 2 years for oil, or 15 months for natural gas; and
(e) Before resuming cargo transfer operations, each submarine hose in an SPM-CTS must be visually examined in place as described in paragraph (c)(3) of this section after cargo transfer operations are shut down due to sea conditions at the deepwater port.
§ 150.420 What actions must be taken when cargo transfer equipment is defective?
When any piece of equipment involved in oil or natural gas transfer equipment is defective:
(a) The piece of equipment must be replaced or repaired before making any further cargo transfers; and
(b) The repaired or replaced piece must meet or exceed its original specifications. Repairs must be conducted in accordance with the port’s maintenance program outlined in the operations manual, and that program must provide for the repair of natural gas transfer hoses in accordance with § 127.405 of this chapter.
§ 150.425 What are the requirements for transferring cargo?
Cargo transfer procedures must be outlined in the deepwater port operations manual and must provide:
(a) Oil transfer procedures that accord with § 156.120 of this chapter; and
(b) Natural gas transfer procedures that accord with §§ 127.315, 127.317 and 127.319 of this chapter.
§ 150.430 What are the requirements for a declaration of inspection?
(a) No person may transfer cargo from a tanker to a manned deepwater port unless a declaration of inspection complying with § 156.150(c) for oil, or § 127.317 for natural gas, of this chapter has been filled out and signed by the vessel’s officer in charge of cargo transfer and the person in charge (PIC) of cargo transfer for the deepwater port.
(b) Before signing a declaration of inspection, the vessel’s officer in charge of cargo transfer must inspect the tanker, and the PIC of cargo transfer for the deepwater port must inspect the deepwater port. They must indicate, by initialing each item on the declaration of inspection form, that the tanker and deepwater port comply with § 156.150 for oil, or § 127.317 for natural gas, of this chapter.
§ 150.435 When are cargo transfers not allowed?
No person may transfer cargo at a deepwater port:
(a) When the person in charge (PIC) of cargo transfer is not on duty at the deepwater port;
(b) During an electrical storm in the deepwater port’s vicinity;
(c) During a fire at the port, at the onshore receiving terminal, or aboard a vessel berthed at the port, unless the PIC of cargo transfer determines that a cargo transfer should be resumed as a safety measure;
(d) When a leak develops so that a sufficient quantity of product accumulates in the cargo containment underneath the manifold or piping;
(e) When there are not enough personnel nor equipment at the port dedicated to containand remove the discharge or perform the emergency response functions as required in the port’s response plan under part 154 for oil, or emergency plan under part 127 for natural gas, of this chapter;
(f) Whenever the emergency shutdown system should have activated but failed to;
(g) By lighterage, except in bunkering operations, unless otherwise authorized by the Sector Commander, or MSU Commander, with COTP and OCMI authority ;
(h) When the weather at the port does not meet the minimum operating conditions for cargo transfers as defined in the port’s operations manual; or
(i) When prescribed by the deepwater port security plan under heightened security conditions at the deepwater port or its adjacent areas, or on vessels calling on or serving the deepwater port.
(a) In case of emergency, the Sector Commander, or MSU Commander, with COTP and OCMI authority may order the suspension of cargo transfers at a deepwater port to prevent the discharge, or threat of discharge, of oil or natural gas, or to protect the safety of life and property.
(b) An order of suspension may be made effective immediately.
(c) The order of suspension must state the reasons for the suspension.
(d) The licensee may petition the District Commander to reconsider the order of suspension. The petition must be in writing, unless the order of suspension takes effect immediately, in which case the petition may be made by any means, but the petition does not delay the effective date of the suspension. The decision of the District Commander is considered a final agency action.
§ 150.445 When is oil in a single point mooring-oil transfer system (SPM-OTS) displaced with water?
(a) The oil in an SPM-OTS must be displaced with water, and the valve at the pipeline end manifold must be closed whenever:
(1) A storm warning forecasts weather conditions that will exceed the design operating criteria listed in the operations manual for the SPM-OTS;
(2) A vessel is about to depart the SPM because of storm conditions; or
(3) The SPM is not scheduled for use in an oil transfer operation within the next 7 days.
(b) The requirement in paragraph (a) of this section is waived if port officials can demonstrate to the Sector Commander, or MSU Commander, with COTP and OCMI authority that a satisfactory alternative means of safely securing all cargo transfer hoses can be implemented in the event of severe weather conditions.
Subpart F—Emergency and Specialty Equipment
§ 150.500 What does this subpart do?
This subpart concerns requirements for maintenance, repair, and operational testing of emergency and specialty equipment at a deepwater port.
Maintenance and Repair
§ 150.501 How must emergency equipment be maintained and repaired?
All lifesaving, firefighting, and other emergency equipment at a deepwater port, including additional equipment not required to be on board the deepwater port, must be maintained in good working order and repaired according to the deepwater port’s planned maintenance program and the requirements outlined in this subpart.
Lifesaving Equipment (General)
§ 150.502 What are the maintenance and repair requirements for lifesaving equipment?
(a) Each deepwater port must have on board, or in the operator’s principal office in the case of an unmanned port, the manufacturer’s instructions for performing onboard maintenance and repair of the port’s lifesaving equipment. The instructions must include the following for each item of equipment, as applicable:
(1) Instructions for maintenance and repair;
(2) A checklist for use when carrying out the monthly inspections required under § 150.513 of this part;
(3) A schedule of periodic maintenance;
(4) A diagram of lubrication points with the recommended lubricants;
(5) A list of replaceable parts;
(6) A list of spare parts sources; and
(7) A log for records of inspections and maintenance.
(b) In lieu of the manufacturer’s instructions required under paragraph (a) of this section, the deepwater port may have its own onboard planned maintenance program for maintenance and repair that is equivalent to the procedures recommended by the equipment manufacturer.
(c) The deepwater port must designate a person in charge of ensuring that maintenance and repair is carried out in accordance with the instructions required in paragraph (a) of this section.
(d) If deficiencies in the maintenance or condition of lifesaving equipment are identified, the Sector Commander, or MSU Commander, with COTP and OCMI authority may review the instructions under paragraph (a) of this section and require appropriate changes to the instructions or operations to provide for adequate maintenance and readiness of the equipment.
(e) When lifeboats, rescue boats, and liferafts are not fully operational because of ongoing maintenance or repairs, there must be a sufficient number of fully operational lifeboats and liferafts available for use to accommodate all persons on the deepwater port.
(f) Except in an emergency, repairs or alterations affecting the performance of lifesaving equipment must not be made without notifying the Sector Commander, or MSU Commander, with COTP and OCMI authority in advance. The person in charge must report emergency repairs or alterations to lifesaving equipment to the Sector Commander, or MSU Commander, with COTP and OCMI authority, as soon as practicable.
(g) The person in charge must ensure that spare parts and repair equipment are provided for each lifesaving appliance and component subject to excessive wear or consumption.
Launching Appliances
§ 150.503 What are the time interval requirements for maintenance on survival craft falls?
(a) Each fall used in a launching device for survival craft or rescue boats must be turned end-for-end at intervals of not more than 30 months.
(b) Each fall must be replaced by a new fall when deteriorated, or at intervals of not more than 5 years, whichever is earlier.
(c) A fall that cannot be turned end-for-end under paragraph (a) of this section must be carefully inspected between 24 and 30 months after its installation. If the inspection shows that the fall is faultless, the fall may be continued in service up to 4 years after its installation. It must be replaced by a new fall 4 years after installation.
§ 150.504 When must the operator service and examine lifeboat and rescue boat launching appliances?
(a) The operator must service launching appliances for lifeboats and rescue boats at intervals recommended in the manufacturer’s instructions under § 150.502(a), or according to the deepwater port’s planned maintenance program under § 150.502(b).
(b) The operator must thoroughly examine launching appliances for lifeboats and rescue boats at intervals of not more than 5 years. Upon completion of the examination, the operator must subject the winch brakes of the launching appliance to a dynamic test.
§ 150.505 When must the operator service and examine lifeboat and rescue boat release gear?
(a) The operator must service lifeboat and rescue boat release gear at intervals recommended in the manufacturer’s instructions under § 150.502(a), or according to the deepwater port’s planned maintenance program under § 150.502(b).
(b) The operator must subject lifeboat and rescue boat release gear to a thorough examination at each annual self-certification inspection by personnel trained in examining the gear.
Inflatable Lifesaving Appliances
§ 150.506 When must the operator service inflatable lifesaving appliances and marine evacuation systems?
(a) The operator must service each inflatable lifejacket, hybrid inflatable lifejacket, and marine evacuation system at 1-year intervals after its initial packing. The operator may delay the servicing for up to 5 months to meet the next scheduled inspection of the deepwater port.
(b) The operator must service each inflatable liferaft no later than the month and year on its servicing sticker under 46 CFR 160.151-57(m)(3)(ii), except that the operator may delay servicing by up to 5 months to meet the next scheduled inspection of the deepwater port. The operator must also service each inflatable liferaft:
(1) Whenever the container of the raft is damaged; or
(2) Whenever the container straps or seals are broken.
§ 150.507 How must the operator service inflatable lifesaving appliances?
(a) The operator must service each inflatable liferaft according to 46 CFR subpart 160.151.
(b) The operator must service each inflatable lifejacket according to 46 CFR subpart 160.176.
(c) The operator must service each hybrid inflatable lifejacket according to the owner’s manual and the procedures in 46 CFR subpart 160.077.
§ 150.508 What are the maintenance and repair requirements for inflatable rescue boats?
The operator must perform the maintenance and repair of inflatable rescue boats according to the manufacturer’s instructions.
Operational Tests and Inspections (General)
§ 150.509 How must emergency equipment be tested and inspected?
All lifesaving, firefighting, and other emergency equipment at a deepwater port must be tested and inspected under this subpart.
§ 150.510 How must tested emergency equipment be operated?
The equipment must be operated under the operating instructions of the equipment’s manufacturer when tests or inspections include operational testing of emergency equipment.
§ 150.511 What are the operational testing requirements for lifeboat and rescue boat release gear?
(a) Lifeboat and rescue boat release gear must be operationally tested under a load of 1.1 times the total mass of the lifeboat or rescue boat when loaded with its full complement of persons and equipment.
(b) The test must be conducted whenever the lifeboat, rescue boat, or its release gear is overhauled, or at least once every 5 years.
(c) The Sector Commander, or MSU Commander, with COTP and OCMI authority may consider alternate operational test procedures to those under paragraph (a) of this section.
Frequency of Tests and Inspections
§ 150.512 What occurs during the weekly tests and inspections?
The required weekly tests and inspections of lifesaving equipment are as follows:
(a) The operator must visually inspect each survival craft, rescue boat, and launching device to ensure its readiness for use;
(b) The operator must test the general alarm system; and
(c) The operator must test for readiness of the engine, starting device, and communications equipment of each lifeboat and rescue boat according to the manufacturer’s instructions.
§ 150.513 What occurs during the monthly tests and inspections?
(a) The operator must inspect each item of lifesaving equipment under § 150.502(b) of this subpart monthly, to ensure that the equipment is complete and in good order. The operator must keep on the deepwater port, or in the operator’s principal office in the case of an unmanned deepwater port, a report of the inspection that includes a statement as to the condition of the equipment, and make the report available for review by the Coast Guard.
(b) The operator must test, on a monthly basis, each emergency position indicating radio beacon (EPIRB) and each search and rescue transponder (SART), other than an EPIRB or SART in an inflatable liferaft. The operator must test the EPIRB using the integrated test circuit and output indicator to determine whether the EPIRB is operational.
§ 150.514 What are the annual tests and inspections?
At least annually, the operator must:
(a) Strip, clean, thoroughly inspect, and, if needed, repair each lifeboat, rescue boat, and liferaft. At that time, the operator must also empty, clean, and refill each fuel tank with fresh fuel;
(b) Thoroughly inspect and, if needed, repair each davit, winch, fall, and other launching device;
(c) Check all lifesaving equipment and replace any item that is marked with an expiration date that has passed;
(d) Check all lifesaving equipment batteries and replace any battery that is marked with an expiration date that has passed; and
(e) Replace any battery that is not marked with an expiration date if that battery is used in an item of lifesaving equipment, except for a storage battery used in a lifeboat or rescue boat.
(f) The requirements in this section do not relieve the person in charge of the requirement to keep the equipment ready for immediate use.
Weight Testing
§ 150.515 What are the requirements for weight testing of newly installed or relocated craft?
(a) The operator must perform installation weight testing, using the procedure outlined in 46 CFR 199.45(a)(1) on each new lifeboat, rescue boat, and davit-launched liferaft system.
(b) The operator must conduct installation weight tests, according to paragraph (a) of this section, when survival crafts are relocated to another deepwater port.
§ 150.516 What are the periodic requirements for weight testing?
The operator must weight test, using the procedure outlined in 46 CFR 199.45(a)(1), each lifeboat, davit-launched liferaft, and rescue boat every time a fall is replaced or turned end-for-end.
§ 150.517 How are weight tests supervised?
(a) The installation and periodic tests required by §§ 150.515 and 150.516 of this subpart must be supervised by a person familiar with lifeboats, davit-launched liferafts, rescue boats, and with the test procedures under those sections.
(b) The person supervising the tests must attest, in writing, that the tests have been performed according to Coast Guard regulations. The operator must keep a copy of the supervisor’s attesting statement on board the deepwater port, or in the operator’s principal office in the case of an unmanned deepwater port, and make it available to the Sector Commander, or MSU Commander, with COTP and OCMI authority.
Personal Safety Gear
§ 150.518 What are the inspection requirements for work vests and immersion suits?
(a) All work vests and immersion suits must be inspected by the owner or operator pursuant to § 150.105 of this part to determine whether they are in serviceable condition.
(b) If a work vest or immersion suit is inspected and is in serviceable condition, then it may remain in service. If not, then it must be removed from the deepwater port.
Emergency Lighting and Power Systems
§ 150.519 What are the requirements for emergency lighting and power systems?
(a) The operator must test and inspect the emergency lighting and power systems at least once a week to determine if they are in proper operating condition. If they are not in proper operating condition, then the operator must repair or replace their defective parts.
(b) The operator must test, under load, each emergency generator driven by an internal combustion engine that is used for an emergency lighting and power system at least once per month for a minimum of 2 hours.
(c) The operator must test each storage battery for the emergency lighting and power systems at least once every 6 months to demonstrate the ability of the batteries to supply the emergency loads for an 8-hour period. The operator must follow the manufacturer’s instructions in performing the battery test to ensure the batteries are not damaged during testing.
Fire Extinguishing Equipment
§ 150.520 When must fire extinguishing equipment be tested and inspected?
The operations manual must specify how and when the operator will test and inspect each portable fire extinguisher, semi-portable fire extinguisher, and fixed fire extinguishing system. These specifications must accord with 46 CFR 31.10-18.
§ 150.521 What records are required?
(a) The operator must maintain a record of each test and inspection under § 150.520 of this part on the deepwater port, or in the operator’s principal office in the case of an unmanned deepwater port, for at least 2 years.
(b) The record must show:
(1) The date of each test and inspection;
(2) The number or other identification of each fire extinguisher or system tested or inspected; and
(3) The name of the person who conducted the test or inspection and the name of the company that person represents.
Miscellaneous Operations
§ 150.530 What may the fire main system be used for?
The fire main system may be used only for firefighting and deck washing, unless it is capable of being isolated and can provide the applicable minimum pressures required in § 149.416 of this chapter.
§ 150.531 How many fire pumps must be kept ready for use at all times?
At least one of the fire pumps required by this subchapter must be kept ready for use at all times.
§ 150.532 What are the requirements for connection and stowage of fire hoses?
(a) At least one length of fire hose, with a combination nozzle, must be connected to each fire hydrant at all times. If it is exposed to the weather, the fire hose may be removed from the hydrant during freezing weather.
(b) When not in use, a fire hose connected to a fire hydrant must be stowed on a hose rack.
(c) The hydrant nearest the edge of a deck must have enough fire hose length connected to it to allow 10 feet of hose, when pressurized, to curve over the edge.
§ 150.540 What are the restrictions on fueling aircraft?
If the deepwater port is not equipped with a permanent fueling facility, the Sector Commander, or the MSU Commander with COTP and OCMI authority’s approval is necessary before aircraft may be fueled at the port.
§ 150.550 What are the requirements for the muster list?
(a) A muster list must be posted on each pumping platform complex.
(b) The muster list must:
(1) List the name and title of each person, in order of succession, who is the person in charge of the pumping platform complex for purposes of supervision during an emergency;
(2) List the special duties and duty stations for each person on the pumping platform complex, in the event of an emergency that requires the use of equipment covered by part 149 of this chapter; and
(3) Identify the signals for calling persons to their emergency stations and for abandoning the pumping platform complex.
§ 150.555 How must cranes be maintained?
Cranes must be operated, maintained, and tested in accordance with 46 CFR part 109, subpart F.
Subpart G—Workplace Safety and Health
§ 150.600 What does this subpart do?
This subpart sets safety and health requirements for the workplace on a deepwater port.
Safety and Health (General)
§ 150.601 What are the safety and health requirements for the workplace on a deepwater port?
(a) Each operator of a deepwater port must ensure that the port complies with the requirements of this subpart, and must ensure that all places of employment within the port are:
(1) Maintained in compliance with workplace safety and health regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(b) Persons responsible for actual operations, including owners, operators, contractors, and subcontractors must ensure that those operations subject to their control are:
(1) Conducted in compliance with workplace safety and health regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(c) The term “recognized hazardous conditions,” as used in this subpart, means conditions that are:
(1) Generally known among persons in the affected industry as causing, or likely to cause, death or serious physical harm to persons exposed to those conditions; and
(2) Routinely controlled in the affected industry.
§ 150.602 What occupational awareness training is required?
(a) Each deepwater port operator must ensure that all deepwater port personnel are provided with information and training on recognized hazardous conditions in their workplace, including, but not limited to, electrical, mechanical, and chemical hazards. Specific required training topics are outlined in § 150.15(w) of this part.
(b) As an alternative to compliance with the specific provisions of this subpart, an operator may provide, for workplace safety and health, the implementation of an approved, port-specific safety and environmental management program (SEMP). Operators should consult with the Commandant (CG-5P) in preparing an SEMP. Five copies of a proposed SEMP must be submitted to the Commandant for evaluation. The Commandant may consult with the local Sector Commander, or with the local MSU Commander, with COTP and OCMI authority, and will approve the SEMP if he or she finds that the SEMP provides at least as much protection of workplace safety and health as do the specific provisions of this subpart.
§ 150.603 What emergency response training is required?
The requirements for emergency response training must be outlined in the deepwater port operations manual.
§ 150.604 Who controls access to medical monitoring and exposure records?
If medical monitoring is performed or exposure records are maintained by an employer, the owner, operator, or person in charge must establish procedures for access to these records by personnel.
§ 150.605 What are the procedures for reporting a possible workplace safety or health violation at a deepwater port?
Any person may notify the Sector Commander, or the MSU Commander, with COTP and OCMI authority verbally or in writing of:
(a) A possible violation of a regulation in this part; or
(b) A hazardous or unsafe working condition on any deepwater port.
After reviewing the information received under § 150.605 of this part, and conducting any necessary investigation, the Sector Commander, or the MSU Commander, with COTP and OCMI authority notifies the owner or operator of any deficiency or hazard and initiates enforcement measures as the circumstances warrant. The identity of any person making a report of a violation will remain confidential, except to the extent necessary for the performance of official duties or as agreed to by the person.
General Workplace Conditions
§ 150.607 What are the general safe working requirements?
(a) All equipment, including machinery, cranes, derricks, portable power tools, and, most importantly, safety gear must be used in a safe manner and in accordance with the manufacturer’s recommended practice, unless otherwise stated in this subchapter.
(b) All machinery and equipment must be maintained in proper working order or removed.
Personal Protective Equipment
§ 150.608 Who is responsible for ensuring that the personnel use or wear protective equipment and are trained in its use?
(a) Each deepwater port operator must ensure that all personnel wear personal protective equipment when within designated work areas.
(b) Each deepwater port operator must ensure that:
(1) All personnel engaged in the operation are trained in the proper use, limitations, and maintenance of the personal protective equipment specified by this subpart;
(2) The equipment is maintained and used or worn as required by this subpart; and
(3) The equipment is made available and on hand for all personnel engaged in the operation.
Eyes and Face
§ 150.609 When is eye and face protection required?
The operator must provide eye and face protectors for the use of persons engaged in or observing activities where damage to the eye is possible, such as welding, grinding, machining, chipping, handling hazardous materials, or burning or cutting acetylene. These eye and face protectors must be:
(a) Properly marked and in compliance with the requirements of 29 CFR 1910.133; and
(b) Maintained in good condition or replaced when necessary.
§ 150.610 Where must eyewash equipment be located?
Portable or fixed eyewash equipment providing emergency relief must be immediately available near any area where there is a reasonable probability that eye injury may occur.
Head
§ 150.611 What head protection is required?
The deepwater port operator must ensure that where there is a reasonable probability of injury from falling objects or contact with electrical conductors, personnel working or visiting such an area wear head protectors designed to protect them against such injury and complying with 29 CFR 1910.135.
Feet
§ 150.612 What footwear is required?
The deepwater port operator must ensure that while personnel are working in an area, or engaged in activities, where there is a reasonable probability for foot injury to occur, they wear footwear that complies with 29 CFR 1910.136, except for when environmental conditions exist that present a hazard greater than that against which the footwear is designed to protect.
Noise and Hearing Protection
§ 150.613 What are the requirements for a noise monitoring and hearing protection survey?
(a) The deepwater port operator must measure noise and provide hearing protection in accordance with 29 CFR 1910.95.
(b) The initial noise survey for a deepwater port must be completed within one year of beginning operations.
Clothing
§ 150.614 When is protective clothing required?
The deepwater port operator must ensure that personnel exposed to flying particles, radiant energy, heavy dust, or hazardous materials wear clothing and gloves that protect against the hazard involved.
Electrical
§ 150.615 What safe practices are required?
(a) The deepwater port operator must ensure that before personnel begin work that might expose them to an electrical charge, they turn off the electricity, unless doing so is not feasible.
(b) The deepwater port operator must ensure that personnel turning off equipment pursuant to paragraph (a) of this section follow the lockout or tagging procedures specified in 29 CFR 1910.147, and in §§ 150.616 and 150.617 of this part.
(c) The deepwater port operator must ensure that, to prevent electrical shock, personnel receive training in electrical, safety-related work practices in the area of the work they perform, including the use of electrical personal protective equipment appropriate to protect against potential electrical hazards.
Lockout/Tagout
§ 150.616 What are the requirements for lockout?
The deepwater port operator must ensure that, if electrical, hydraulic, mechanical, or pneumatic equipment does not need to be powered during the work described in § 150.615(a) of this part, and has a lockout or other device to prevent the equipment from being turned on unintentionally, that the lockout or other device is activated.
§ 150.617 What are the requirements for tagout?
(a) The deepwater port operator must ensure that, before work takes place on equipment that is disconnected from the power source, a tag complying with this section is placed at the location where the power is disconnected. The operator must ensure that, if there is a control panel for the equipment in line between the equipment and the location where the power is disconnected, a tag complying with this section is also placed on the control panel.
(b) Each tag or sign must have words stating:
(1) That equipment is being worked on;
(2) That power must not be restored or the equipment activated; and
(3) The name of the person who placed the tag.
(c) Only the person who placed the tag, that person’s immediate supervisor, or the relief person of either, is authorized to remove the tag.
Respiratory Protection
§ 150.618 What are the requirements for respiratory protection?
(a) The deepwater port operator must ensure that respiratory protection measures are taken in compliance with 29 CFR 1910.134 including establishment of a formal respiratory protection program.
(b) The deepwater port operator must ensure that measures for protection from exposure to asbestos are taken in compliance with 29 CFR 1910.1001.
(c) The deepwater port operator must ensure that measures for protection from exposure to inorganic lead are taken in compliance with 29 CFR 1910.1025.
Fall Arrest
§ 150.619 What are the fall arrest system requirements?
(a) The deepwater port operator must ensure that all personnel who are exposed to the risk of falling more than 6 feet, or who are at risk of falling any distance onto equipment with irregular surfaces, exposed moving components, electrically energized cables or connectors, or water, are protected against such a fall by guardrails or other measures that comply with 29 CFR 1910.23 or 1910.28, or by the use of suitable lifesaving equipment that complies with 46 CFR part 160.
(b) In addition, the operator must take measures to control the risk of falling, tripping, or slipping in work areas and walkways due to the presence of loose material or wet conditions, including spills.
Machine Guards
§ 150.620 What are the requirements for protecting personnel from machinery?
The deepwater port operator must ensure that all personnel are protected from the risks created by operating machinery through the use of guard devices or other measures that comply with 29 CFR 1910.212, or through the use of conspicuously posted warning signs that comply with § 150.626 of this part.
Slings
§ 150.621 What are the requirements for slings?
The use of slings for handling material must comply with the requirements of 29 CFR 1910.184.
Warning Signs
§ 150.622 What are the warning sign requirements?
The construction and use of warning signs must be in compliance with 29 CFR 1910.144 and 1910.145.
Confined Space Safety
§ 150.623 What are the requirements for protecting personnel from hazards associated with confined spaces?
(a) All personnel must be protected by suitable measures from inadvertently entering a confined space containing a hazardous atmosphere that can cause death or serious injury.
(b) Each deepwater port operator must evaluate the specific hazards associated with entering the port’s confined spaces, and develop a confined space safe entry program that complies with:
(1) 29 CFR 1910.146 for permit-required confined spaces, where applicable; and
(2) A national consensus standard, as that term is defined in 29 CFR 1910.2, or that is set by a nationally recognized testing laboratory as defined in 29 CFR 1910.7 and that provides levels of personnel protection at least equivalent to those provided for shipyard personnel by 29 CFR part 1915, subpart B.
(c) To implement the confined space safe entry program, the deepwater port operator must determine the education, training, and experience needed by the designated competent persons to safely conduct their duties, including:
(1) Identification, testing, and certification of confined spaces; and
(2) Training of personnel regarding dangers.
(d) These measures must be specified in the port operations manual, along with a list of all confined spaces on the port, describing the specific hazards associated with each such space.
Blood-Borne Pathogens
§ 150.624 What are the requirements for protecting personnel from blood-borne pathogens?
Measures for protection from the dangers of blood-borne pathogens must be taken in compliance with 29 CFR 1910.1030.
Hazard Communication Program
§ 150.625 What must the hazard communication program contain?
(a) Each deepwater port must have a hazard communication program available for the training of, and review by, all personnel on the deepwater port.
(b) The program must be in writing and describe or include:
(1) An inventory of each hazardous material on the deepwater port;
(2) The potential hazards of the material;
(3) The material’s intended use on the deepwater port;
(4) The methods for handling and storing the material;
(5) The protective measures and equipment used to avoid hazardous exposure;
(6) The labeling, marking, or tagging of the material;
(7) The special precautions, such as lockout and tagout under §§ 150.616 and 150.617 of this part, that should be emphasized when working around the material;
(8) Information and training required for personnel on board the deepwater port; and
(9) A material safety data sheet for the material.
(c) The information on a material safety data sheet itself may be used by the employer as a tool for educating employees about the hazards posed by the material, provided the employees acknowledge and can demonstrate appropriate precautionary measures to minimize risk to health and safety.
(d) The program must be supplemented as necessary to address each hazardous material newly introduced on the deepwater port.
§ 150.626 What is the hazard communication program used for?
(a) The hazard communication program must ensure that all deepwater port employees, when required by their duties, work safely and responsibly with hazardous materials.
(b) The person in charge for safety must ensure that, before a person is allowed to work at the deepwater port:
(1) A copy of the hazard communication program is made available to the person; and
(2) The person is trained in the information contained in the program.
(c) The training must be supplemented to address each hazardous material newly introduced on the deepwater port.
§ 150.627 Must material safety data sheets be available to all personnel?
(a) The person in charge must ensure that a material safety data sheet (MSDS) for each hazardous material on the fixed or floating deepwater port is made available to all personnel on the port.
(b) Each MSDS must contain at least information on the use, proper storage, potential hazards, and appropriate protective and response measures to be taken when exposed to or handling the material.
§ 150.628 How must the operator label, tag, and mark a container of hazardous material?
The operator must label, tag, or mark each container of hazardous material with the identity of the hazardous material and the appropriate physical, health, reactive and other special condition hazard warnings. The only exception is for portable containers that transfer hazardous material from a labeled container to the work site for immediate use by the person who performs the transfer.
§ 150.700 What does this subpart do?
This subpart provides requirements for the operation of aids to navigation at a deepwater port.
(a) All aids to navigation must be maintained in proper operating condition at all times.
(b) The Coast Guard may inspect all aids to navigation at any time without notice.
The power of all navigation aids must be maintained, at all times, at or above the level recommended by the equipment’s manufacturer.
(a) Each light under part 149, subpart E of this chapter, used as a navigation aid on a deepwater port, must be lit continuously from sunset to sunrise.
(b) During construction, a platform or single point mooring, if positioned on the surface or within the net under keel depth for tankers transiting within the safety zone, must be marked with at least one of the following:
(1) The obstruction lights required for the structure in part 149, subpart E of this chapter;
(2) The fixed lights of a vessel attending the structure; or
(3) The general illumination lights on the structure, if they meet or exceed the intensity required for obstruction lights required for the structure.
(c) The focal plane of each obstruction light and lit rotating beacon must always coincide with the horizontal plane that passes through the light source.
§ 150.720 What are the requirements for sound signals?
The sound signal on each pumping platform complex must be operated whenever the visibility in any horizontal direction from the structure is less than 5 miles. If the platform is under construction, this requirement may be met by the use of a 2-second whistle blast, made every 20 seconds by a vessel moored at the platform.
Subpart I—Reports and Records
§ 150.800 What does this subpart do?
This subpart concerns reports and records that the licensee must keep and submit.
Reports
§ 150.805 What reports must be sent both to a classification society and to the Coast Guard?
The licensee must submit to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority a copy of each report submitted to an authorized classification society, as defined in 46 CFR 8.100, for maintenance of a single point mooring’s class under the rules of that society.
(a) Any problem affecting the operation or characteristics of a navigation aid at the deepwater port must be reported to the District Commander by the fastest means available. The report must identify:
(1) The navigation aid affected;
(2) The aid’s location;
(3) The nature of the problem; and
(4) The estimated repair time.
(b) When the problem is corrected, the District Commander must be notified.
§ 150.812 What is the purpose of reporting casualties on deepwater ports?
The Coast Guard, upon receipt of a reported marine casualty on a deepwater port, as outlined in § 150.815 of this part, will conduct an investigation to determine the cause of the incident and to take appropriate measures to promote safety of life and property. The Coast Guard investigator will follow the procedures outlined in 46 CFR subpart 4.07 in conducting the investigation.
§ 150.815 How must casualties be reported?
(a) Immediately after aiding the injured and stabilizing the situation, the owner, operator, or person in charge of a deepwater port must notify the nearest Sector, Marine Safety Unit, or other Coast Guard unit of each event on, or involving, the deepwater port that results in one or more of the following:
(1) Loss of life;
(2) An injury that requires professional medical treatment beyond first aid and, if the person is engaged or employed on the deepwater port, that renders the individual unfit to perform his or her routine duties;
(3) Impairment of the port’s operations or primary lifesaving or fire-fighting equipment; or
(4) Property damage in excess of $100,000, including damage resulting from a vessel or aircraft striking the port. This amount includes the cost of labor and material to restore all affected items, including, but not limited to, restoring the port and the vessel or aircraft to their condition before the damage. This amount does not include the cost of salvage, cleaning, gas freeing, dry-docking, or demurrage of the port, vessel, or aircraft.
(b) The notice under paragraph (a) of this section must identify the following:
(1) The deepwater port involved;
(2) The owner, operator, or person in charge of the port;
(3) The nature and circumstances of the event; and
(4) The nature and extent of the injury and damage resulting from the event.
(c) The operator will ensure that the report contains the information pertinent to Outer Continental Shelf operations as outlined in part 140 of this chapter when the deepwater port is co-located on a facility regulated by the Bureau of Ocean Energy Management.
§ 150.820 When must a written report of casualty be submitted, and what must it contain?
(a) In addition to the notice of casualty under § 150.815 of this part, the owner, operator, or person in charge of a deepwater port must submit a written report of the event to the nearest Sector Commander, or the nearest MSU Commander, with COTP and OCMI authority within 5 days of the casualty notice. The report may be on Form 2692, Report of Marine Accident, Injury, or Death, or in narrative form if it contains all of the applicable information requested in Form 2692. Copies of Form 2692 are available from the Sector Commander, or from the MSU Commander, with COTP and OCMI authority.
(b) The written report must also include the information relating to alcohol and drug involvement specified by 46 CFR 4.05-12. The deepwater port operator will ensure compliance with the chemical testing procedures outlined in 46 CFR part 16.
(c) If filed immediately after the event, the written report required by paragraph (a) of this section serves as the notice required under § 150.815 of this part.
(d) The operator will ensure that the written report is provided to the nearest Bureau of Ocean Energy Management (BOEM) office when the deepwater port is co-located with a BOEM-regulated facility.
Deaths and injuries related to diving within the safety zone of a deepwater port must be reported according to 46 CFR 197.484 and 197.486, rather than to §§ 150.815 and 150.820 of this part.
§ 150.830 Reporting a pollution incident.
Oil pollution incidents involving a deepwater port are reported according to §§ 135.305 and 135.307 of this chapter.
§ 150.835 Reporting sabotage or subversive activity.
The owner, operator, or person in charge of a deepwater port must immediately report to the Sector Commander, or the MSU Commander, with COTP and OCMI authority, by the fastest possible means, any evidence of sabotage or subversive activity against any vessel at the deepwater port or against the deepwater port itself.
Records
§ 150.840 What records must be kept?
(a) The licensee must keep copies at the deepwater port of the reports, records, test results, and operating data required by this part. In the case of unmanned deepwater ports, these copies must be kept at the operator’s principal office rather than on the deepwater port.
(b) The copies must be readily available to Coast Guard inspectors.
(c) Except for personnel records under § 150.845 of this part, the copies must be kept for 3 years.
§ 150.845 Personnel records.
The licensee must keep documentation on the designation and qualification of the supervisory positions, outlined in the port operations manual, that are responsible for the management of the deepwater port. These records must be kept for the life of the deepwater port.
§ 150.850 How long must a declaration of inspection form be kept?
The licensee must keep signed copies of the declaration of inspection forms required by § 150.430 of this part for one month from the date of signature.
Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided
§ 150.900 What does this subpart do?
(a) This subpart provides requirements for the establishment, restrictions, and location of safety zones, no anchoring areas (NAAs), and areas to be avoided (ATBAs) around deepwater ports.
(b) Subpart D of this part, concerning vessel navigation and activities permitted and prohibited at deepwater ports, applies to safety zones, NAAs, ATBAs, and their adjacent waters; and supplements the International Regulations for Preventing Collisions at Sea.
(c) Recommended shipping safety fairways associated with deepwater ports are described in part 166 of this chapter.
§ 150.905 Why are safety zones, no anchoring areas, and areas to be avoided established?
(a) Safety zones, no anchoring areas (NAAs) and areas to be avoided (ATBAs) under this subchapter are established to promote safety of life and property, marine environmental protection, and navigational safety at deepwater ports and adjacent waters.
(b) Safety zones are the only federally regulated navigation areas. They accomplish these objectives by preventing or controlling specific activities, limiting access by vessels or persons, and by protecting the living resources of the sea from harmful agents.
(c) The NAAs and ATBAs are established via the International Maritime Organization (IMO). An NAA, specifically established to protect vessels in transit and sub-surface deepwater port components, will be mandatory. An ATBA will be a recommendatory routing measure.
(d) The sizes of restricted areas will be the minimum size needed to ensure safety, while at the same time considering potential impacts on other activities, including recreational boating, fishing, and Outer Continental Shelf activity.
§ 150.910 What installations, structures, or activities are prohibited in a safety zone?
No installations, structures, or activities that are incompatible with or that present an unacceptable risk to safety of the deepwater port’s operations or activity are allowed in the safety zone of a deepwater port.
§ 150.915 How are safety zones, no anchoring areas, and areas to be avoided established and modified?
(a) Safety zones are developed and designated during the application process for a deepwater port license, and may be established or modified through rulemaking. Rulemakings will afford prior public notice and comment, except when there is good cause not to do so, for example due to an imminent threat to the safety of life and property.
(b) Before a safety zone, no anchoring area (NAA), or area to be avoided (ATBA) is established, all factors detrimental to safety are considered, including but not limited to:
(1) The scope and degree of the risk or hazard involved;
(2) Vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
(3) Port and waterway configurations and variations in local conditions of geography, climate and other similar factors;
(4) The need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;
(5) The proximity of fishing grounds, oil and gas drilling and production operations, or other potential or actual conflicting activity;
(6) Environmental factors;
(7) Economic impact and effects;
(8) Existing vessel traffic services; and
(9) Local practices and customs, including voluntary arrangements and agreements within the maritime community.
(c) The Executive Branch, acting through the Secretary of State and Commandant (CG-5P) proposes NAAs and ATBAs for deepwater ports to the International Maritime Organization (IMO) for approval. The ATBAs will be implemented after IMO approval is granted and announced in an IMO Circular, and after publication of a notice in the
§ 150.920 How can I find notice of new or proposed safety zones?
In addition to documents published in the
§ 150.925 How long may a safety zone, no anchoring area, or area to be avoided remain in place?
A safety zone, no anchoring area, or area to be avoided may go into effect as early as initial delivery of construction equipment and materials to the deepwater port site, and may remain in place until the deepwater port is removed.
§ 150.930 What datum is used for the geographic coordinates in this subpart?
The geographic coordinates used in this subpart have been revised to enable plotting using the North American Datum of 1983 (NAD 83) and no longer require the use of any further conversion factors for correction.
§ 150.940 Safety zones for specific deepwater ports.
(a) Louisiana Offshore Oil Port (LOOP). (1) The location of the safety zone for LOOP is as described in Table 150.940(A) of this section:
Table 150.940(A)—Safety Zone for LOOP, Gulf of Mexico
| Plotting guidance | Latitude N | Longitude W |
|---|---|---|
| (i) Starting at | 28°55′24″ | 90°00′37″ |
| (ii) A rhumb line to: | 28°53′51″ | 90°04′07″ |
| (iii) Then an arc with a 4,465 meter (4,883 yard) radius centered at the deepwater port’s pumping platform complex | 28°53′07″ | 90°01′30″ |
| (iv) To a point | 28°51′08″ | 90°03′06″ |
| (v) Then a rhumb line to | 28°50′10″ | 90°02′24″ |
| (vi) Then a rhumb line to | 28°49′06″ | 89°55′54″ |
| (vii) Then a rhumb line to | 28°48′37″ | 89°55′00″ |
| (viii) Then a rhumb line to | 28°52′05″ | 89°52′42″ |
| (ix) Then a rhumb line to | 28°53′11″ | 89°53′42″ |
| (x) Then a rhumb line to | 28°54′53″ | 89°57′00″ |
| (xi) Then a rhumb line to | 28°54′53″ | 89°59′36″ |
| (xii) Then an arc with a 4,465 meter (4,883 yard) radius centered again at the deepwater port’s pumping platform complex | ||
| (xiii) To the point of starting | 28°55′24″ | 90°00′37″ |
(2) The areas to be avoided within the safety zone are:
(i) The area encompassed within a circle having a 600 meter radius around the deepwater port’s pumping platform complex and centered at 28°53′07″ N, 90°01′30″ W.
(ii) The six areas encompassed within a circle having a 500 meter radius around each single point mooring (SPM) deepwater at the port and centered at:
| Latitude N | Longitude W |
|---|---|
| 28°54′13″ | 90°00′37″ |
| 28°53′17″ | 89°59′59″ |
| 28°52′16″ | 90°00′19″ |
| 28°51′46″ | 90°01′25″ |
| 28°52′09″ | 90°02′33″ |
| 28°53′08″ | 90°03′02″ |
(3) The anchorage area within the safety zone is an area enclosed by the rhumb lines joining points at:
| Latitude N | Longitude W |
|---|---|
| 28°52′22″ | 89°57′47″ |
| 28°54′06″ | 89°56′38″ |
| 28°52′05″ | 89°52′42″ |
| 28°50′21″ | 89°53′51″ |
| 28°52′22″ | 89°57′47″ |
(b) Northeast Gateway Deepwater Port (NEGDWP)—(1) Location. The safety zones for the NEGDWP consist of circular zones, each with a 500-meter radius and centered on each of the deepwater port’s two submerged turret loading (STL) buoys. STL Buoy “A” is centered at the following coordinates: 42°23′38″ N, 070°35′31″ W. STL Buoy “B” is centered at the following coordinates: 42°23′56″ N, 070°37′00″ W. Each safety zone is located approximately 13 miles south-southeast of the City of Gloucester, Massachusetts, in Federal waters.
(2) No anchoring areas. Two mandatory no anchoring areas for NEGDWP are established for all waters within circles of 1,000-meter radii centered on the submerged turret loading buoy positions set forth in paragraph (b)(1) of this section.
(3) Area to be avoided. An area to be avoided (ATBA) for NEGDWP is as described in Table 150.940(B):
Table 150.940(B)—ATBA for NEGDWP
| Plotting guidance | Latitude N | Longitude W |
|---|---|---|
| (i) Starting at | 42°24′17″ | 070°35′16″ |
| (ii) A rhumb line to: | 42°24′35″ | 070°36′46″ |
| (iii) Then an arc with a 1250 meter radius centered at point | 42°23′56″ | 070°37′00″ |
| (iv) To a point | 42°23′17″ | 070°37′15″ |
| (v) Then a rhumb line to | 42°22′59″ | 070°35′45″ |
| (vi) Then an arc with a 1250 meter radius centered at point | 42°23′38″ | 070°35′31″ |
| (vii) To the point of starting | 42°24′17″ | 070°35′16″ |
(4) Regulations. (i) In accordance with the general regulations set forth in 33 CFR 165.23 and elsewhere in this part, no person or vessel may enter the waters within the boundaries of the safety zones described in paragraph (b)(1) of this section unless previously authorized by the Captain of the Port (COTP) Boston, or his/her authorized representative.
(ii) Notwithstanding paragraph (b)(4)(i) of this section, tankers and support vessels, as defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are authorized to enter and move within such zones in the normal course of their operations following the requirements set forth in 33 CFR 150.340 and 150.345, respectively.
(iii) All other vessel operators desiring to enter, operate or conduct diving operations within a safety zone described in paragraph (b)(1) of this section must contact the COTP, or the COTP’s authorized representative, to obtain permission by contacting the Sector Boston Command Center at 617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). Vessel operators given permission to enter, operate, or conduct diving operations in a safety zone must comply with all directions given to them by the COTP or the COTP’s authorized representative.
(iv) No vessel, other than a support vessel or tanker calling on NEGDWP may anchor in the area described in paragraph (b)(2) of this section.
(c) Neptune Deepwater Port (Neptune)—(1) Location. The safety zones for Neptune consist of circular zones, each with a 500-meter radius and centered on each of Neptune’s two submerged turret loading (STL) buoys. STL Buoy “A” is centered at the following coordinates: Latitude 42°29′12.3″ N, Longitude 070°36′29.7″ W; and STL Buoy “B”: Latitude 42°27′20.5″ N, Longitude 070°36′07.3″ W. Each safety zone encompasses, within the respective 500-meter circles, the primary components of Neptune, including a submerged turret loading buoy and a pipeline end manifold. Each safety zone is located approximately eight nautical miles south-southeast of Gloucester, Massachusetts, in Federal waters.
(2) No anchoring areas. Two mandatory no anchoring areas for Neptune are established for all waters within circles of 1,000-meter radii centered on the submerged turret loading buoy positions set forth in paragraph (c)(1) of this section.
(3) Area to be avoided. An area to be avoided (ATBA) for Neptune is as described in Table 150.940(C):
Table 150.940(C)—ATBA for Neptune
| Plotting guidance | Latitude N | Longitude W |
|---|---|---|
| (i) Starting at | 42°27′26.6″ | 70°35′13.1″ |
| (ii) A rhumb line to | 42°29′18.3″ | 70°35′35.4″ |
| (iii) Then an arc with a 1250 meter radius centered at point | 42°29′12.3″ | 70°36′29.7″ |
| (iv) To a point | 42°29′6.3″ | 70°37′24.0″ |
| (v) Then a rhumb line to | 42°27′14.7″ | 70°37′1.6″ |
| (vi) Then an arc with a 1250 meter radius centered at point | 42°27′20.5″ | 70°36′7.3″ |
| (vii) To the point of starting | 42°27′26.6″ | 70°35′13.1″ |
(4) Regulations. (i) In accordance with the general regulations set forth in 33 CFR 165.23 and elsewhere in this part, no person or vessel may enter the waters within the boundaries of the safety zones described in paragraph (c)(1) of this section unless previously authorized by the Captain of the Port (COTP) Boston, or the COTP’s authorized representative.
(ii) Notwithstanding paragraph (c)(4)(i) of this section, liquefied natural gas carriers (LNGCs) and support vessels, as defined in 33 CFR 148.5, calling on Neptune, are authorized to enter and move within such zones in the normal course of their operations following the requirements set forth in 33 CFR 150.340 and 150.345, respectively.
(iii) All other vessel operators desiring to enter, operate or conduct diving operations within a safety zone described in paragraph (c)(1) of this section must contact the COTP or the COTP’s authorized representative to obtain permission by contacting the Sector Boston Command Center at 617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). Vessel operators given permission to enter or operate in a safety zone must comply with all directions given to them by the COTP or the COTP’s authorized representative.
(iv) No vessel, other than an LNGC or support vessel calling on Neptune, may anchor in the area described in paragraph (c)(2) of this section.
SUBCHAPTER O—POLLUTION
PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
Subpart A—Implementation of MARPOL 73/78 and the Protocol on Environmental Protection to the Antarctic Treaty as it Pertains to Pollution from Ships
General
§ 151.01 Purpose.
The purpose of this subpart is to implement the Act to Prevent Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes I, II and V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), done at London on February 17, 1978. This subpart also implements the Antarctic Science, Tourism, and Conservation Act of 1996, and the Protocol on Environmental Protection to the Antarctic Treaty done at Madrid on October 4, 1991.
§ 151.03 Applicability.
This subpart applies to each ship that must comply with Annex I, II or V of MARPOL 73/78 unless otherwise indicated.
§ 151.04 Penalties for violation.
(a) A person who violates MARPOL 73/78, the Act, or the regulations of this subpart is liable for a civil penalty for each violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation constitutes a separate violation.
(b) A person who makes a false, fictitious statement or fraudulent representation in any matter in which a statement or representation is required to be made to the Coast Guard under MARPOL 73/78, the Act, or the regulations of this subpart, is liable for a civil penalty for each statement or representation, as provided by 33 U.S.C. 1908(b)(2).
(c) A person who knowingly violates MARPOL 73/78, the Act, or the regulations of this subpart commits a class D felony, as described in 18 U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to not more than one-half of the fine may be paid to the person giving information leading to conviction.
(d) A ship operated in violation of MARPOL 73/78, the Act, or the regulations of this subpart is liable in rem for any civil penalty covered by paragraph (a) or (b) of this section, or any fine covered by paragraph (c) of this section, and may be proceeded against in the United States District Court of any district in which the ship may be found.
§ 151.05 Definitions.
As used in this subpart—
Act means the Act to Prevent Pollution from Ships, as amended (33 U.S.C. 1901-1911).
Antarctica means the area south of 60 degrees south latitude.
Captain of the Port (COTP) means the Coast Guard officer designated by the Commandant to command a COTP Zone as described in part 3 of this chapter.
Cargo residues means the remnants of any cargo which are not covered by other MARPOL Annexes and which remain on the deck or in holds following loading or unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash water, but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship.
Clean ballast means the ballast in a tank which, since oil was last carried therein, has been so cleaned that effluent therefrom, if it were discharged from a ship that is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the government of the country under whose authority the ship is operating, evidence based on such a system, to the effect that the oil content of the effluent does not exceed 15 parts per million (ppm) is determinative that the ballast is clean.
Commandant means Commandant, U.S. Coast Guard.
Cooking oil means any type of edible oil or animal fat used or intended to be used for the preparation or cooking of food, but does not include the food itself that is prepared using these oils.
Discharge means any release, however caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. It does not include—
(1) Dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13 November 1972; or
(2) Release of oil or oily mixtures directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.
Discharge, as defined by MARPOL in relation to harmful substances or effluent containing such substances, means any release however caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. It does not include—
(1) Dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on November 13, 1972; or
(2) The release of harmful substances directly arising from the exploration, exploitation, and associated offshore processing of seabed mineral resources; or
(3) The release of harmful substances for purposes of legitimate scientific research relating to pollution abatement or control.
Dishwater means the liquid residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to them would not normally interfere with the operation of automatic dishwashers.
Domestic wastes means all types of wastes not covered by other MARPOL annexes that are generated in the accommodation spaces on board the ship. Domestic wastes do not include graywater.
En route means that the ship is underway at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.
Existing ship means a ship that is not a new ship.
Fishing gear means any physical device or part thereof or combination of items that may be placed on or in the water or on the sea-bed with the intended purpose of capturing, or controlling for subsequent capture or harvesting, marine or fresh water organisms.
Fixed or floating drilling rig or other platform means a fixed or floating structure located at sea which is engaged in the exploration, exploitation, or associated offshore processing of sea-bed mineral resources.
Food wastes means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard ship.
Fuel oil means any oil used to fuel the propulsion and auxiliary machinery of the ship carrying the fuel. The term “fuel oil” is also known as “oil fuel.”
Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.
Graywater means drainage from dishwater, shower, laundry, bath, and washbasin drains. It does not include drainage from toilets, urinals, hospitals, animal spaces, and cargo spaces.
Great Lakes means the Great Lakes of North America and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63 degrees west.
Harmful substance means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities, or interfere with other legitimate uses of the sea, and includes any substance subject to control by MARPOL.
Harmful to the marine environment in relation to the discharge of:
(1) Cargo residues means residues of solid bulk substances which are classified according to the criteria of the United Nations Globally Harmonized System for Classification and Labeling of Chemicals (UN GHS) meeting the following parameters:
(i) Acute Aquatic Toxicity Category 1; and/or
(ii) Chronic Aquatic Toxicity Category 1 or 2; and/or
(iii) Carcinogenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
(iv) Mutagenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
(v) Reproductive Toxicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
(vi) Specific Target Organ Toxicity Repeated Exposure Category 1 combined with not being rapidly degradable and having high bioaccumulation; and/or
(vii) Solid bulk cargoes containing or consisting of synthetic polymers, rubber, plastics, or plastic feedstock pellets (this includes materials that are shredded, milled, chopped, or macerated or similar materials).
(2) Cleaning agents or additives means a cleaning agent or additive that is:
(i) A “harmful substance” in accordance with the criteria in MARPOL Annex III; and/or
(ii) Contains any components which are known to be carcinogenic, mutagenic, or reprotoxic.
Notes to definition of Harmful to the marine environment:
1. These criteria are based on UN GHS, fourth revised edition (2011). For specific products (e.g., metals and inorganic metal compounds), guidance available in UN GHS, annexes 9 and 10 is essential for proper interpretation of the criteria and classification and should be followed.
2. These are products with a hazard statement classification for Carcinogenicity, Mutagenicity, Reproductive Toxicity, or Specific Target Organ Toxicity Repeated Exposure for oral hazards, dermal hazards, or without specification of the exposure route.
High viscosity Category B NLS means any Category B NLS having a viscosity of at least 25 mPa.s at 20 °C and at least 25 mPa.s at the time it is unloaded.
High viscosity Category C NLS means any Category C NLS having a viscosity of at least 60 mPa.s at 20 °C and at least 60 mPa.s at the time it is unloaded.
High viscosity NLS includes Category A NLSs having a viscosity of at least 25 mPa.s at 20 °C and at least 25 mPa.s at the time they are unloaded, high viscosity Category B NLSs, and high viscosity Category C NLSs.
Incinerator ashes means ash and clinkers resulting from shipboard incinerators used for the incineration of garbage.
Instantaneous rate of discharge of oil content means the rate of discharge of oil in liters per hour at any instant divided by the speed of the ship in knots at the same instant.
International Maritime Organization (IMO) guidelines means the guidelines for the Implementation of MARPOL Annex V (IMO Resolution MEPC.219(63), adopted March 2, 2012) and other garbage pollution related guidance approved or adopted by the IMO.
Length means the horizontal distance between the foremost part of a ship’s stem to the aftermost part of its stern, excluding fittings and attachments.
Major conversion means a conversion of an existing ship—
(1) That substantially alters the dimensions or carrying capacity of the ship; or
(2) That changes the type of the ship; or
(3) The intent of which, in the opinion of the government of the country under whose authority the ship is operating, is substantially to prolong its life; or
(4) Which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of MARPOL not applicable to it as an existing ship.
Marine pollutant means a harmful substance in packaged form, as it appears in Appendix B of 49 CFR 172.101.
MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating to that Convention. A copy of MARPOL is available from the International Maritime Organization, 4 Albert Embankment, London, SE1, 7SR, United Kingdom.
Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes and potentially contaminated laboratory wastes, dialysis wastes, and such additional medical items as prescribed by the Administrator of the EPA by regulation.
Navigable waters means the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States.
Nearest land. The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of these regulations, “from the nearest land” off the northeastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in—latitude 11°00′ South, longitude 142°08′ East to a point in—latitude 10°35′ South, longitude 141°55′ East, thence to a point—latitude 10°00′ South, longitude 142°00′ East, thence to a point—latitude 9°10′ South, longitude 143°52′ East, thence to a point—latitude 9°00′ South, longitude 144°30′ East, thence to a point—latitude 10°41′ South, longitude 145°00′ East, thence to a point—latitude 13°00′ South, longitude 145°00′ East, thence to a point—latitude 15°00′ South, longitude 146°00′ East, thence to a point—latitude 17°30′ South, longitude 147°00′ East, thence to a point—latitude 21°00′ South, longitude 152°55′ East, thence to a point on the coast of Australia in latitude 24°42′ South, longitude 153°15′ East.
New ship means a ship—
(1) For which the building contract is placed after December 31, 1975; or
(2) In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after June 30, 1976; or
(3) The delivery of which is after December 31, 1979; or
(4) That has undergone a major conversion—
(i) For which the contract is placed after December 31, 1975;
(ii) In the absence of a contract, the construction work of which is begun after June 30, 1976; or
(iii) That is completed after December 31, 1979.
(5) For the purposes of §§ 151.26 through 151.28, which is delivered on or after April 4, 1993.
NLS means Noxious Liquid Substance.
NLS Certificate means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under MARPOL.
Noxious liquid substance (NLS) means—
(1) Each substance listed in § 151.47 or § 151.49;
(2) Each substance having an “A”, “B”, “C”, or “D” beside it’s name in the column headed “Pollution Category” in Table 1 of 46 CFR Part 153; and
(3) Each substance that is identified as an NLS in a written permission issued under 46 CFR 153.900 (d).
Oceangoing ship means a ship that—
(1) Is operated under the authority of the United States and engages in international voyages;
(2) Is operated under the authority of the United States and is certificated for ocean service;
(3) Is operated under the authority of the United States and is certificated for coastwise service beyond three miles from land;
(4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in § 2.22 of this chapter; or
(5) Is operated under the authority of a country other than the United States.
A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters, or exclusively on the internal waters of the United States and Canada; is not an “oceangoing” ship.
Oil means petroleum whether in solid, semi-solid, emulsified, or liquid form, including but not limited to, crude oil, fuel oil, sludge, oil refuse, oil residue, and refined products, and, without limiting the generality of the foregoing, includes the substances listed in Appendix I of Annex I of MARPOL. “Oil” does not include animal and vegetable based oil or noxious liquid substances (NLS) designated under Annex II of MARPOL.
Oil cargo residue means any residue of oil cargo whether in solid, semi-solid, emulsified, or liquid form from cargo tanks and cargo pump room bilges, including but not limited to, drainages, leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any constituent component of oil. The term “oil cargo residue” is also known as “cargo oil residue.”
Oil residue means oil cargo residue.
Oil residue (sludge) means the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery, separated waste oil from oil filtering equipment, waste oil collected in drip trays, and waste hydraulic and lubricating oils.
Oil residue (sludge) tank means a tank which holds oil residue (sludge) from which sludge may be disposed directly through the standard discharge connection or any other approved means of disposal.
Oil tanker means a ship 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 when it is carrying a cargo or part cargo of oil in bulk.
Oil-like NLS means each cargo listed in § 151.49.
Oily bilge water means water which may be contaminated by oil resulting from things such as leakage or maintenance work in machinery spaces. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks is considered oily bilge water.
Oily bilge water holding tank means a tank collecting oily bilge water prior to its discharge, transfer or disposal.
Oily mixture means a mixture, in any form, with any oil content. “Oily mixture” includes, but is not limited to—
(1) Slops from bilges;
(2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse);
(3) Oil residue (sludge); and
(4) Oily ballast water from cargo or fuel oil tanks.
Operational wastes means all solid wastes (including slurries) not covered by other MARPOL Annexes that are collected on board during normal maintenance or operations of a ship, or used for cargo stowage and handling. Operational wastes also include cleaning agents and additives contained in cargo hold and external wash water. Operational wastes does not include discharges essential to the operation of a ship, including but not limited to graywater, bilge water, ballast water, controllable pitch propeller and thruster hydraulic fluid and other oil to sea interfaces (e.g., thruster bearings, stabilizers, rudder bearings, etc.), deck washdown and runoff and above water line hull cleaning (not harmful to the marine environment), firemain systems water, gas turbine wash water, and/or non-oily machinery wastewater.
Person means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
Plastic means a solid material, which contains as an essential ingredient one or more high molecular mass polymers, and which is formed (shaped) during either the manufacture of the polymer or the fabrication into a finished product by heat and/or pressure. Plastics have material properties ranging from hard and brittle to soft and elastic. For the purposes of these regulations, “all plastics” means all garbage that consists of or includes plastic in any form, including synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.
Port means—
(1) A group of terminals that combines to act as a unit and be considered a port for the purposes of this subpart;
(2) A port authority or other organization that chooses to be considered a port for the purposes of this subpart; or
(3) A place or facility that has been specifically designated as a port by the COTP.
Prewash means a tank washing operation that meets the procedure in 46 CFR 153.1120.
Recognized Classification Society means a classification society that is a participating member of the International Association of Classification Societies (IACS).
Recycling means the activity of segregating and recovering components and materials for reprocessing.
Residues and mixtures containing NLSs (NLS residue) means—
(1) Any Category A, B, C, or D NLS cargo retained on the ship because it fails to meet consignee specifications;
(2) Any part of a Category A, B, C, or D NLS cargo remaining on the ship after the NLS is discharged to the consignee, including but not limited to puddles on the tank bottom and in sumps, clingage in the tanks, and substance remaining in the pipes; or
(3) Any material contaminated with Category A, B, C, or D NLS cargo, including but not limited to bilge slops, ballast, hose drip pan contents, and tank wash water.
Segregated ballast means the ballast water introduced into a tank that is completely separated from the cargo oil and fuel oil system and that is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as variously defined in the Annexes of MARPOL.
Ship means a vessel of any type whatsoever, operating in the marine environment. This includes hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating drilling rigs and other platforms.
Shipboard oil pollution emergency plan means a plan prepared, submitted, and maintained according to the provisions of §§ 151.26 through 151.28 of this subpart for United States ships or maintained according to the provisions of § 151.29(a) of this subpart for foreign ships operated under the authority of a country that is party to MARPOL or carried on board foreign ships operated under the authority of a country that is not a party to MARPOL, while in the navigable waters of the United States, as evidence of compliance with § 151.21 of this subpart.
Solidifying NLS means a Category A, B, or C NLS that has a melting point—
(1) Greater than 0 °C but less than 15 °C and a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 5 °C above its melting point at the time it is unloaded; or
(2) 15 °C or greater and a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 10 °C above its melting point at the time it is unloaded.
Special area means a sea area, where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of the traffic, the adoption of special mandatory methods for the prevention of sea pollution by oil, NLSs, or garbage is required.
Terminal means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance.
The Coast Guard interprets commercial fishing facilities, recreational boating facilities, and mineral and oil industry shorebases to be terminals for the purposes of Annex V of MARPOL, since these facilities normally provide wharfage and other services, including garbage handling, for ships.
U.S. inspected ships means those ship required to be inspected and certificated under 46 CFR 2.01-7.
§ 151.06 Special areas.
(a) For the purposes of this part, the navigational descriptions of the special areas are as follows:
(1) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein, with the boundary between the Mediterranean and the Black Sea constituted by the 41° N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5°36′ W.
(2) The Baltic Sea means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8′ N.
(3) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean Sea and the Black Sea constituted by the parallel 41° N.
(4) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5′ N, 43°19.6′ E) and Husn Murad (12°40.4′ N, 43°30.2′ E).
(5) The Gulfs areas means the sea area located northwest of the rhumb line between Ras al Hadd (22°30′ N, 59°48′ E) and Ras al Fasteh (25°04′ N, 61°25′ E).
(6) The Gulf of Aden areas means the part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12°28.5′ N, 43°19.6′ E) and Husn Murad (12°40.4′ N, 43°30.2′ E) and to the east by the rhumb line between Ras Asir (11°50′ N, 51°16.9′ E) and the Ras Fartak (15°35′ N, 52°13.8′ E).
(7) The Antarctic areas means the sea south of 60° south latitude.
(8) The North West European waters mean the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the English Channel and its approaches and part of the North East Atlantic immediately to the west of Ireland. The area is bounded by lines joining the following points:
(9) The Oman area of the Arabian Sea means the sea enclosed by the following co-ordinates:
(10) The Southern South African waters means the sea area enclosed by the following co-ordinates:
(11) The North Sea area means the North Sea proper, including seas within the North Sea southwards of latitude 62° N and eastwards of longitude 4° W; the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57°44.8′ N; and the English Channel and its approaches eastwards of longitude 5° W.
(12) The Wider Caribbean region means the Gulf of Mexico and Caribbean Sea proper, including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30° N parallel from Florida eastward to 77°30′ W meridian, thence a rhumb line to the intersection of 20° N parallel and 59° W meridian, thence a rhumb line to the intersection of 7°20′ N parallel and 50° W meridian, thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana.
(b) Special areas for the purpose of Annex I of MARPOL 73/78 include those referenced in § 151.13. Special areas for the purposes of Annex II of MARPOL 73/78 include those referenced in § 151.32. Special areas for the purpose of Annex V of MARPOL 73/78 include those referenced in § 151.53.
§ 151.07 Delegations.
Each Coast Guard official designated as a Captain of the Port (COTP) or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer, Sector Office, is delegated the authority to—
(a) Issue International Oil Pollution Prevention (IOPP) Certificates;
(b) Detain or deny entry to ships not in substantial compliance with MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance with MARPOL 73/78 on board;
(c) Receive and investigate reports under § 151.15; and
(d) Issue subpoenas to require the attendance of any witness and the production of documents and other evidence, in the course of investigations of potential violations of the Act to Prevent Pollution from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 73/78.
§ 151.08 Denial of entry.
(a) Unless a ship is entering under force majeure, no oceangoing tanker or any other oceangoing ship of 400 gross tons or more required by § 151.10 to retain oil, oil residue, or oily mixtures on board while at sea, and no oceangoing ship carrying a Category A, B, or C NLS cargo or NLS residue in cargo tanks that are required to be prewashed under 46 CFR Part 153, may enter any port or terminal under § 158.110(a) of this chapter unless the port or terminal has a Certificate of Adequacy, as defined in § 158.120 of this chapter.
(b) A COTP may deny the entry of a ship to a port or terminal under § 158.110(b) if—
(1) The port or terminal does not have a Certificate of Adequacy, as required in § 158.135 of this chapter; or
(2) The port or terminal is not in compliance with the requirements of subpart D of part 158.
Oil Pollution
§ 151.09 Applicability.
(a) Except as provided in paragraph (b) of this section, §§ 151.09 through 151.25 apply to each ship that—
(1) Is operated under the authority of the United States and engages in international voyages;
(2) Is operated under the authority of the United States and is certificated for ocean service;
(3) Is operated under the authority of the United States and is certificated for coastwise service beyond three nautical miles from land;
(4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in § 2.22(a)(2) of this chapter; or
(5) Is operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.09 through 151.25 do not apply to—
(1) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service;
(2) A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters;
(3) A Canadian or U.S. ship being operated exclusively on the internal waters of the United States and Canada; or
(4) Any other ship specifically excluded by MARPOL 73/78.
The term “internal waters” is defined in § 2.24 of this chapter.
(c) Sections 151.26 through 151.28 apply to each United States oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this section which is—
(1) An oil tanker of 150 gross tons and above or other ship of 400 gross tons and above; or
(2) A fixed or floating drilling rig or other platform, when not engaged in the exploration, exploitation, or associated offshore processing of seabed mineral resources.
(d) The requirements of §§ 151.26 through 151.28—
(1) Do not apply to—
(i) The ships specified in paragraph (b) of this section; and
(ii) Any barge or other ship, which is constructed or operated in such a manner that no oil in any form can be carried aboard.
(2) Are considered to be met if a U.S.-flag vessel holds a USCG-approved vessel response plan and provides evidence of compliance with 33 CFR part 155, subpart D or J requirements.
(e) Section 151.26(b)(5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.
§ 151.10 Control of oil discharges.
(a) When more than 12 nautical miles from the nearest land, any discharge of oil or oily mixtures into the sea from a ship other than an oil tanker or from machinery space bilges of an oil tanker is prohibited except when all of the following conditions are satisfied—
(1) The oil or oily mixture does not originate from cargo pump room bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The ship is not within a special area;
(4) The ship is proceeding enroute;
(5) The oil content of the effluent without dilution is less than 15 parts per million (ppm); and
(6) The ship has in operation oily-water separating equipment, a bilge monitor, bilge alarm, or combination thereof as required by part 155 subpart B of this chapter.
(b) When within 12 nautical miles of the nearest land, any discharge of oil or oily mixtures into the sea from a ship other than an oil tanker or from machinery space bilges of an oil tanker is prohibited except when all of the following conditions are satisfied—
(1) The oil or oily mixture does not originate from cargo pump room bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The oil content of the effluent without dilution does not exceed 15 ppm;
(4) The ship has in operation oily-water separating equipment, a bilge monitor, bilge alarm, or combination thereof as required by part 155 subpart B of this chapter; and
(5) The oily-water separating equipment is equipped with a 15 ppm bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and for U.S. uninspected ships and foreign ships, either approved under 46 CFR 162.050 or listed in the current International Maritime Organization (IMO) Marine Environment Protection Committee (MEPC) Circular summary of MARPOL 73/78 approved equipment.
In the navigable waters of the United States, the Federal Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part 110 govern all discharges of oil or oily-mixtures.
(c) The overboard discharge of any oil cargo residues and oily mixtures that include oil cargo residues from an oil tanker is prohibited, unless discharged in compliance with part 157 of this chapter.
(d) When more than 12 nautical miles from the nearest land, any discharge of oil or oily mixtures into the sea from a ship other than an oil tanker or from machinery space bilges of an oil tanker; that is not proceeding enroute; shall be in accordance with paragraphs (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5) of this section.
(e) The provisions of paragraphs (a), (b), (c) and (d) of this section do not apply to the discharge of clean or segregated ballast.
(f) The person in charge of an oceangoing ship that cannot discharge oily mixtures into the sea in compliance with paragraphs (a), (b), (c), or (d) of this section must ensure that those oily mixtures are—
(1) Retained on board; or
(2) Discharged to a reception facility. If the reception facility is in a port or terminal in the United States, each person who is in charge of each oceangoing tanker or any other oceangoing ship of 400 gross tons or more shall notify the port or terminal, at least 24 hours before entering the port or terminal, of—
(i) The estimated time of day the ship will discharge oily mixtures;
(ii) The type of oily mixtures to be discharged; and
(iii) The volume of oily mixtures to be discharged.
There are Federal, state, or local laws or regulations that could require a written description of the oil residues and oily mixtures to be discharged. For example, a residue or mixture containing oil might have a flashpoint less than 60 °C (140 °F) and thus have the characteristic of ignitability under 40 CFR 261.21, which might require a description of the waste for a manifest under 40 CFR Part 262, subpart B. Occupational safety and health concerns may be covered, as well as environmental ones.
The notice required in this section is in addition to those required by other Federal, state, and local laws and regulations. Affected persons should contact the appropriate Federal, state, or local agency to determine whether other notice and information requirements, including 40 CFR Parts 262 and 263, apply to them.
(g) No discharge into the sea shall contain chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.
(h) This section does not apply to a fixed or floating drilling rig or other platform that is operating under a National Pollutant Discharge Elimination System (NPDES) permit.
§ 151.11 Exceptions for emergencies.
(a) Sections 151.10 and 151.13 do not apply to—
(1) The discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea.
(2) The discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment—
(i) Provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and
(ii) Except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result.
(b) [Reserved]
§ 151.13 Special areas for Annex I of MARPOL 73/78.
(a) For the purposes of §§ 151.09 through 151.25 of this subpart, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden, the Antarctic area, the North West European waters, the Oman area of the Arabian Sea, and the Southern South African Waters, which are described in § 151.06 of this subpart. The discharge restrictions are effective in the Mediterranean Sea, Baltic Sea, Black Sea, and the Antarctic area.
(b) Subject to the provisions of § 151.11—
(1) A ship of 400 gross tons or over and any oil tanker may not discharge oil or oily mixture within a special area. In the Antarctic area, discharge into the sea of oil or oily mixture from any ship is prohibited.
(2) A ship of less than 400 gross tons other than an oil tanker may not discharge oil or oily mixture within a special area, unless the oil content of the effluent without dilution does not exceed 15 parts per million (ppm).
(3) All ships operating in the Antarctic area must have on board a tank or tanks of sufficient capacity to retain all oily mixtures while operating in the area and arrangements made to discharge oily mixtures at a reception facility outside the Antarctic area.
(c) The provisions of paragraph (b) of this section do not apply to the discharge of clean or segregated ballast.
(d) The provisions of paragraph (b)(1) of this section do not apply to the discharge of processed bilge water from machinery space bilges, provided that all of the following conditions are satisfied—
(1) The bilge water does not originate from cargo pump room bilges;
(2) The bilge water is not mixed with oil cargo residues;
(3) The ship is proceeding enroute;
(4) The oil content of the effluent without dilution does not exceed 15 ppm;
(5) The ship has in operation oily-water separating equipment complying with part 155 of this chapter; and
(6) The oily-water separating equipment is equipped with a device that stops the discharge automatically when the oil content of the effluent exceeds 15 ppm.
(e) No discharge into the sea shall contain chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this section.
(f) The oily mixtures that cannot be discharged into the sea in compliance with paragraphs (b), (c), or (d) of this section shall be retained on board or discharged to reception facilities.
(g) Nothing in this section prohibits a ship on a voyage, only part of which is in a special area, from discharging outside the special area in accordance with § 151.10.
(h) In accordance with Regulation 38.6.1 of Annex I of MARPOL 73/78, the discharge restriction in § 151.13 for the Red Sea area, Gulfs area, Gulf of Aden area, the Oman area of the Arabian Sea, and the Southern South African waters will enter into effect when each party to MARPOL 73/78 whose coastline borders the special area has certified that reception facilities are available and the IMO has established an effective date for each special area. Notice of the effective dates for the discharge requirements in these special areas will be published in the
§ 151.15 Reporting requirements.
(a) The master, person in charge, owner, charterer, manager, or operator of a vessel involved in any incident described in paragraph (c) of this section must report the particulars of the incident without delay to the fullest extent possible under the provisions of this section.
(b) If a vessel involved in an incident is abandoned, or if a report from that vessel is incomplete or unattainable, the owner, charterer, manager, operator, or their agent must assume the obligations placed upon the master or other person having charge of the vessel under provisions of this section.
(c) The report must be made whenever an incident involves—
(1) A discharge of oil, hazardous substances, marine pollutants, or noxious liquid substances (NLS) resulting from damage to the vessel or its equipment, or for the purpose of securing the safety of a vessel or saving a life at sea;
(2) A discharge of oil in excess of the quantities or instantaneous rate permitted in §§ 151.10 or 151.13 of this chapter, or NLS in bulk, in 46 CFR 153.1126 or 153.1128, during the operation of the vessel;
(3) A discharge of marine pollutants in packaged form; or
(4) A probable discharge resulting from damage to the vessel or its equipment. The factors you must consider to determine whether a discharge is probable include, but are not limited to—
(i) Ship location and proximity to land or other navigational hazards;
(ii) Weather;
(iii) Tide current;
(iv) Sea state;
(v) Traffic density;
(vi) The nature of damage to the vessel; and
(vii) Failure or breakdown aboard the vessel of its machinery or equipment. Such damage may be caused by collision, grounding, fire, explosion, structural failure, flooding or cargo shifting or a failure or breakdown of steering gear, propulsion, electrical generating system or essential shipboard navigational aids.
(d) Each report must be made by radio whenever possible, or by the fastest telecommunications channels available with the highest possible priority at the time the report is made to—
(1) The appropriate officer or agency of the government of the country in whose waters the incident occurs; and
(2) The nearest Captain of the Port (COTP) or the National Response Center (NRC), toll free number 800-424-8802 (in Washington, DC, metropolitan area, 202-267-2675), fax 202-267-1322, telex number 892427 for incidents involving U.S. vessels in any body of water; or incidents involving foreign flag vessels in the navigable waters of the United States; or incidents involving foreign-flag tank vessels within waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone (EEZ).
(e) Each report must contain—
(1) The identity of the ship;
(2) The type of harmful substance involved;
(3) The time and date of the incident;
(4) The geographic position of the vessel when the incident occurred;
(5) The wind and the sea condition prevailing at the time of the incident;
(6) Relevant details respecting the condition of the vessel;
(7) A statement or estimate of the quantity of the harmful substance discharged or likely to be discharged into the sea; and
(8) Assistance and salvage measures.
(f) A person who is obligated under the provisions of this section to send a report must—
(1) Supplement the initial report, as necessary, with information concerning further developments; and
(2) Comply as fully as possible with requests from affected countries for additional information concerning the incident.
(g) A report made under this section satisfies the reporting requirements of § 153.203 of this chapter and of 46 CFR 4.05-1 and 4.05-2, if required under those provisions.
§ 151.17 Surveys.
(a) Every U.S. oil tanker of 150 gross tons and above, and every other U.S. ship of 400 gross tons and above; that is required to have an International Oil Pollution Prevention (IOPP) Certificate on board and to which this part applies, except as provided for in paragraphs (b) and (d) of this section; is subject to the following surveys conducted by the Coast Guard—
(1) An initial survey, conducted before the ship is put in service or before an IOPP Certificate required under § 151.19 is issued for the first time; this survey includes a complete examination of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this chapter.
(2) Periodic renewal surveys conducted at intervals corresponding with the renewal of the IOPP Certificates. The purpose of the survey is to determine whether the structure, equipment, systems, fittings, arrangements, and material comply with the requirements of parts 155 and 157 of this chapter.
(3) Annual surveys for inspected ships conducted as close as practicable to twelve (12) and thirty-six (36) months from the date of issuance of the IOPP Certificate, and not more than two months prior to or later than these twelve and thirty-six month dates; this survey is to determine that the oily-water separating equipment and associated pumps and piping systems remain satisfactory for the service intended, and that no unauthorized alterations have been made, and is to be endorsed on the IOPP Certificate.
(4) Intermediate surveys for inspected ships conducted as close as practicable to twenty-four (24) months from the date of issuance of the IOPP Certificates, and not more than six months prior to or later than that twenty-four month date; this survey is to determine whether the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, and oily-water separating equipment comply with the requirements of parts 155 and 157 of this chapter, and are in good working order, and is to be endorsed on the IOPP Certificate.
(5) Intermediate surveys for uninspected ships conducted as close as practicable to thirty (30) months from the date of issuance of the IOPP Certificate, and not more than six months prior to or later than that thirty month date; this survey is to determine whether the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, and oily-water separating equipment comply with the requirements of parts 155 and 157 of this chapter, and are in good working order, and is to be endorsed on the IOPP Certificate.
(b) Every U.S. inspected oil tanker of 150 gross tons and above, and every other U.S. inspected ship of 400 gross tons and above; that is not required to have an IOPP Certificate on board is subject to the following surveys to be conducted by the Coast Guard—
(1) An initial survey conducted before the ship is put into service.
(2) All other surveys are conducted concurrently with either inspections for certification or required reinspections.
(c) After any survey of a ship under this section has been completed, no significant change may be made in the construction, equipment, fittings, arrangements or material covered by the survey without the sanction of the COTP or OCMI except for the direct replacement of such equipment or fittings.
(d) Fixed and floating drilling rigs and other platforms, barges, and uninspected ships; that are not required to have an IOPP Certificate on board are not required to be surveyed under this section.
§ 151.19 International Oil Pollution Prevention (IOPP) Certificates.
(a) Each U.S. oil tanker of 150 gross tons and above and each other U.S. ship of 400 gross tons and above; that engages in voyages to ports or off-shore terminals under the jurisdiction of other parties to MARPOL 73/78 must have on board a valid International Oil Pollution Prevention (IOPP) Certificate.
(b) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country other than the United States that is party to MARPOL 73/78, must have on board a valid IOPP Certificate.
(c) An IOPP Certificate is issued by a COTP, OCMI, or a classification society authorized under 46 CFR part 8, after a satisfactory survey in accordance with the provisions of § 151.17.
(d) The Supplement to the IOPP Certificate is a part of the IOPP Certificate and must remain attached to that Certificate. If the Supplement to the Certificate is changed, a new IOPP Certificate will be required.
(e) The IOPP Certificate for each inspected or uninspected ship is valid for a maximum period of 5 years from the date of issue, except as follows:
(1) A Certificate ceases to be valid if significant alterations have taken place in the construction, equipment, fittings, or arrangements required by the pollution prevention requirements of parts 155 or 157 of this chapter without the approval of the COTP or the OCMI.
(2) A Certificate ceases to be valid if intermediate surveys as required by § 151.17 of this part are not carried out.
(3) A Certificate issued to a ship ceases to be valid upon transfer of the ship to the flag of another country.
§ 151.21 Ships of countries not party to MARPOL 73/78.
(a) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country not a party to MARPOL 73/78, must have on board valid documentation showing that the ship has been surveyed in accordance with and complies with the requirements of MARPOL 73/78. Evidence of compliance may be issued by either the government of a country that is party to MARPOL 73/78 or a recognized classification society.
(b) Evidence of compliance must contain all of the information in, and have substantially the same format as, the IOPP Certificate.
§ 151.23 Inspection for compliance and enforcement.
(a) While at a port or terminal under the jurisdiction of the United States, a ship is subject to inspection by the Coast Guard—
(1) To determine that a valid IOPP Certificate is on board and that the condition of the ship and its equipment corresponds substantially with the particulars of the IOPP Certificate;
(2) To determine that evidence of compliance with MARPOL 73/78, as required by § 151.21 is on board and that the condition of the ship and its equipment corresponds substantially with the particulars of this evidence of compliance;
(3) To determine whether a ship has been operating in accordance with and has not discharged any oil or oily mixtures in violation of the provisions of MARPOL 73/78 or this subchapter;
(4) To determine whether a ship has discharged oil or oily mixtures anywhere in violation of MARPOL 73/78, upon request from a party to MARPOL 73/78 for an investigation when the requesting party has furnished sufficient evidence to support a reasonable belief that a discharge has occurred.
(b) A ship that does not comply with the requirements of parts 151, 155 and 157 of this chapter, or where the condition of the ship or its equipment does not substantially agree with the particulars of the IOPP Certificate or other required documentation, may be detained by order of the COTP or OCMI, at the port or terminal where the violation is discovered until, in the opinion of the detaining authority, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered.
(c) An inspection under this section may include an examination of the Oil Record Book, the oil content meter continuous records, and a general examination of the ship. A copy of any entry in the Oil Record Book may be made and the Master of the ship may be required to certify that the copy is a true copy of such entry.
§ 151.25 Oil Record Book.
(a) Each oil tanker of 150 gross tons and above, ship of 400 gross tons and above other than an oil tanker, and manned fixed or floating drilling rig or other platform shall maintain an Oil Record Book Part I (Machinery Space Operations). An oil tanker of 150 gross tons and above or a non oil tanker that carries 200 cubic meters or more of oil in bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast Operations).
(b) An Oil Record Book printed by the U.S. Government is available to the masters or operators of all U.S. ships subject to this section, from any Coast Guard Sector Office, Marine Inspection Office, or Captain of the Port Office.
(c) The ownership of the Oil Record Book of all U.S. ships remains with the U.S. Government.
(d) Entries shall be made in the Oil Record Book on each occasion, on a tank to tank basis if appropriate, whenever any of the following machinery space operations take place on any ship to which this section applies—
(1) Ballasting or cleaning of fuel oil tanks;
(2) Discharge of ballast containing an oily mixture or cleaning water from fuel oil tanks;
(3) Disposal of oil residue;
(4) Discharge overboard or disposal otherwise of bilge water that has accumulated in machinery spaces;
(5) Bunkering of fuel or bulk lubricating oil; and
(6) Any failure, and the reasons for, of the oil filtering equipment.
(e) Entries shall be made in the Oil Record Book on each occasion, on a tank to tank basis if appropriate, whenever any of the following cargo/ballast operations take place on any oil tanker to which this section applies—
(1) Loading of oil cargo;
(2) Internal transfer of oil cargo during voyage;
(3) Unloading of oil cargo;
(4) Ballasting of cargo tanks and dedicated clean ballast tanks;
(5) Cleaning of cargo tanks including crude oil washing;
(6) Discharge of ballast except from segregated ballast tanks;
(7) Discharge of water from slop tanks;
(8) Closing of all applicable valves or similar devices after slop tank discharge operations;
(9) Closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations;
(10) Disposal of oil residue; and
(11) Any failure of, and the reasons for, the oil discharge monitoring and control system.
(f) Entries shall be made in the Oil Record Book on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following operations take place on a fixed or floating drilling rig or other platform to which this section applies—
(1) Discharge of ballast or cleaning water from fuel oil tanks; and
(2) Discharge overboard of platform machinery space bilge water.
(g) In the event of an emergency, accidental or other exceptional discharge of oil or oily mixture, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge.
(h) Each operation described in paragraphs (d), (e) and (f) of this section shall be fully recorded without delay in the Oil Record Book so that all the entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the person or persons in charge of the operations concerned and each completed page shall be signed by the master or other person having charge of the ship.
(i) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and shall be kept on board the ship.
(j) The master or other person having charge of a ship required to keep an Oil Record Book shall be responsible for the maintenance of such record.
(k) The Oil Record Book for a U.S. ship shall be maintained on board for not less than three years.
(l) This section does not apply to a barge or a fixed or floating drilling rig or other platform that is not equipped to discharge overboard any oil or oily mixture.
(m) This section does not apply to a fixed or floating drilling rig or other platform that is operating in compliance with a valid National Pollutant Discharge Elimination System (NPDES) permit.
§ 151.26 Shipboard oil pollution emergency plans.
(a) Language of the plan. The shipboard oil pollution emergency plan must be available on board in English and in the working language of the master and the officers of the ship, if other than English.
(b) Plan format. The plan must contain the following six sections. A seventh non-mandatory section may be included at the shipowner’s discretion:
(1) Introduction. This section must contain the following:
(i) Introductory text. The introductory text of the plan must contain the following language (For ships operating in Antarctica, the introductory text of the plan must contain the following language and explain that they are in accordance with the Protocol on Environmental Protection to the Antarctic Treaty):
This plan is written in accordance with the requirements of Regulation 37 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).
The purpose of the plan is to provide guidance to the master and officers on board the ship with respect to the steps to be taken when a pollution incident has occurred or is likely to occur.
The plan contains all information and operational instructions required by the guidelines (Resolution MEPC.54(32) as amended by Resolution MEPC.86(44)). The appendices contain names, telephone numbers, telex numbers, etc. of all contacts referenced in the plan, as well as other reference material.
This plan has been approved by the Coast Guard and, except as provided below, no alteration or revision may be made to any part of it without the prior approval of the Coast Guard.
Changes to the seventh section of the plan and the appendices do not require approval by the Coast Guard. The appendices must be maintained up-to-date by the owners, operators, and managers.
(ii) General information.
(A) The ship’s name, call sign, official number, International Maritime Organization (IMO) international number, and principal characteristics.
(B) [Reserved]
(2) Preamble. The plan must be realistic, practical, and easy to use, and the Preamble section of the plan must reflect these three features of the plan. The use of flowcharts, checklists, and appendices within the plan will aid in addressing this requirement. This section must contain an explanation of the purpose and use of the plan and indicate how the shipboard plan relates to other shore-based plans. Additionally, the Preamble section of the plan must clearly recognize coastal States’ rights to approve oil pollution response in their waters by stating the following:
Without interfering with shipowner’s liability, some coastal States consider that it is their responsibility to define techniques and means to be taken against an oil pollution incident and approve such operations that might cause further pollution, i.e., lightening. States are entitled to do so under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (Intervention Convention).
(3) Reporting Requirements. This section of the plan must include information relating to the following:
(i) When to report. A report shall be made whenever an incident involves—
(A) A discharge of oil above the permitted level for any reason, including those for the purpose of securing the safety of the ship or saving life at sea;
(B) A discharge of oil or oily mixture during the operation of the ship in excess of the quantities or instantaneous rate permitted in § 151.10 of this subpart or in § 157.37 of this subchapter; or
(C) A probable discharge. Factors to be considered in determining whether a discharge is probable include, but are not limited to: ship location and proximity to land or other navigational hazards, weather, tide, current, sea state, and traffic density. The master must make a report in cases of collision, grounding, fire, explosion, structural failure, flooding or cargo shifting, or an incident resulting in failure or breakdown of steering gear, propulsion, electrical generating system, or essential shipborne navigational aids.
(ii) Information required. This section of the plan must include a notification form, such as the one depicted in Table 151.26(b)(3)(ii), that includes all the data elements required in Resolution A.851(20) and contains information to be provided in the initial and follow-up notifications. The official number of the vessel and current conditions of the vessel are to be included. In addition, the initial notification should include as much of the information on the form as possible, and supplemental information, as appropriate. However, the initial notification must not be delayed pending collection of all information. Copies of the form must be placed at the location(s) on the ship from which notification may be made.
(iii) Whom to contact. (A) This section of the plan must make reference to the appendices listing coastal state contacts, port contacts, and ship interest contacts. In order to expedite response and minimize damage from a pollution incident, it is essential that appropriate coastal States should be notified without delay. This process begins with the initial report required by article 8 and Protocol I of MARPOL 73/78.
(B) For actual or probable discharges of oil, or oily mixtures the reports must comply with the procedures described in MARPOL Protocol I. The reports shall be directed to either the nearest Captain of the Port (COTP) or to the National Response Center (NRC), toll free telephone number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-1322.
(C) For Antarctica, in addition to compliance with paragraph (b)(3)(iii)(B) of this section, reports shall also be directed to any Antarctic station that may be affected.
(D) The plan must clearly specify who will be responsible for informing the necessary parties from the coastal State contacts, the port contacts, and the ship interest contacts.
(4) Steps to control a discharge. This section of the plan must contain a discussion of procedures to address the following scenarios:
(i) Operational spills: The plan must outline procedures for safe removal of oil spilled and contained on deck. The plan must also provide guidance to ensure proper disposal of recovered oil and cleanup materials;
(ii) Spills resulting from casualties: Casualties should be treated in the plan as a separate section. The plan should include various checklists or other means that will ensure the master considers all appropriate factors when addressing the specific casualty (Reference is made here to the International Safety Management (ISM) Code, Section 8). These checklists must be tailored to the specific ship and to the specific product or product types. In addition to the checklists, specific personnel assignments for anticipated tasks must be identified. Reference to existing fire control plans and muster lists is sufficient to identify personnel responsibilities. The following are examples of casualties that must be considered—
(A) Grounding;
(B) Fire or explosion;
(C) Collision/Allision;
(D) Hull failure;
(E) Excessive list;
(F) Containment system failure;
(G) Submerged/Foundered;
(H) Wrecked/Stranded; and
(I) Hazardous vapor release.
(iii) In addition to the checklist and personnel duty assignments required by paragraph (b)(4)(ii) of this section, the plan must include—
(A) Priority actions to ensure the safety of personnel and the ship, assess the damage to the ship, and take appropriate further action;
(B) Stability and strength considerations: The plan should provide the master with detailed guidance to ensure that great care in casualty response must be taken to consider stability and strength when taking actions to mitigate the spillage of oil or to free the vessel if aground. Information for making damage stability and longitudinal strength assessments, or contacting classification societies to acquire such information, should be included. Where appropriate, the plan should provide a list of information for making damage stability and damage longitudinal strength assessments. The damage stability information for oil tankers and offshore oil barges in 33 CFR 155.240 is required to be provided in the SOPEP;
(C) Lightening procedures to be followed in cases of extensive structural damage: The plan must contain information on procedures to be followed for ship-to-ship transfer of cargo. Reference may be made in the plan to existing company guides. A copy of such company procedures for ship-to-ship transfer operations must be kept in the plan. The plan must address the coordination of this activity with the coastal or port state, as appropriate;
(D) Mitigating activities: The spill mitigation requirements of 33 CFR 155.1035(c) must be met for tankships, the requirements of 33 CFR 155.1040(c) must be met for unmanned vessels, and the requirements of 33 CFR 155.5035(c) must be met for nontank vessels. Additionally, the following personnel safety mitigation strategies must be addressed for all personnel involved—
(1) Assessment and monitoring activities;
(2) Personnel protection issues;
(3) Protective equipment;
(4) Threats to health and safety;
(5) Containment and other response techniques;
(6) Isolation procedures;
(7) Decontamination of personnel; and
(8) Disposal of removed oil and clean-up materials; and
(E) Drawings and ship-specific details: Supporting plans, drawings, and ship-specific details such as a layout of a general arrangement plan, midship section, lines or tables of offsets, and tank tables must be included with the plan. The plan must show where current cargo, bunker or ballast information, including quantities and specifications, is available.
(5) National and Local Coordination. (i) This section of the plan must contain information to assist the master in initiating action by the coastal State, local government, or other involved parties. This information must include guidance to assist the master with organizing a response to the incident, should a response not be organized by the shore authorities. Detailed information for specific areas may be included as appendices to the plan. See 33 CFR 151.26(b)(2) (Preamble) regarding a ship owner’s responsibility to comply with individual state requirements for oil spill response.
(ii) For Antarctica, a vessel owner or operator must include a plan for prompt and effective response action to such emergencies as might arise in the performance of its vessel’s activities.
(iii) To comply with paragraph (b)(5)(ii) of this section, an agency of the United States government may promulgate a directive providing for prompt and effective response by the agency’s public vessels operating in Antarctica.
(6) Appendices. Appendices must include the following information:
(i) Twenty-four hour contact information and alternates to the designated contacts. These details must be routinely updated to account for personnel changes and changes in telephone, telex, and telefacsimile numbers. Clear guidance must also be provided regarding the preferred means of communication.
(ii) The following lists, each identified as a separate appendix:
(A) A list of agencies or officials of coastal state administrations responsible for receiving and processing incident reports;
(B) A list of agencies or officials in regularly visited ports. When this is not feasible, the master must obtain details concerning local reporting procedures upon arrival in port; and
(C) A list of all parties with a financial interest in the ship such as ship and cargo owners, insurers, and salvage interests.
(D) A list which specifies who will be responsible for informing the parties listed and the priority in which they must be notified.
(iii) A record of annual reviews and changes.
(7) Non-mandatory provisions. If this section is included by the shipowner, it should include the following types of information or any other information that may be appropriate:
(i) Response equipment or oil spill removal organizations;
(ii) Public affairs practices;
(iii) Recordkeeping;
(iv) Plan exercising; and
(v) Individuals qualified to respond.
(8) Index of sections. The plan must be organized as depicted in Table 151.26(b)(8).
§ 151.27 Plan submission and approval.
(a) No manned ship subject to this part may operate unless it carries on board a shipboard oil pollution emergency plan approved by the Coast Guard. An unmanned ship subject to this regulation must carry the notification list required in § 151.26(b)(3) on board in the documentation container; remaining sections of the plan must be maintained on file at the home office. For new ships, plans must be submitted at least 90 days before the ship intends to begin operations.
(b) An owner or operator of a ship to which this part applies shall prepare and submit one English language copy of the shipboard oil pollution emergency plan electronically at https://vrp.uscg.mil/homeport-vrp/vrp-express/ by signing in using the registered email address and password or by email to [email protected]. For new user registrations, please follow the process provided in the United States Coast Guard Homeport website at https://homeport.uscg.mil/Pages/NewUserRegistration.aspx.or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7501.
(c) An owner or operator with multiple ships to which this part applies may submit one plan for each type of ship with a separate ship-specific appendix for each vessel covered by the plan.
(d) Combined shipboard oil pollution emergency plans and response plans meeting the requirements of subparts D and E of part 155 of this chapter must be prepared according to § 155.1030(j) of this chapter.
(e) If the Coast Guard determines that the plan meets the requirements of this section, the Coast Guard will issue an approval letter. The approval period for a plan expires 5 years after the approval date.
(f) If the Coast Guard determines that the plan does not meet the requirements, the Coast Guard will notify the owner or operator of the plan’s deficiency. The owner or operator must then resubmit a copy of the revised plan or the corrected portions of the plan, within the time period specified in the written notice provided by the Coast Guard.
(g) Plans, including revisions, should be submitted electronically by using the Vessel Response Plan Electronic Submission Tool available at https://vrp.uscg.mil/homeport-vrp/vrp-express/ for registered users or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516 or by email to [email protected].
§ 151.28 Plan review and revision.
(a) An owner or operator of a ship to which this subpart applies must review the shipboard oil pollution emergency plan annually and submit a letter to Commandant (CG-MER) certifying that the review has been completed. This review must occur within 1 month of the anniversary date of Coast Guard approval of the plan.
(b) The owner or operator shall submit any plan amendments to Commandant (CG-MER) for information or approval.
(c) The entire plan must be resubmitted to Commandant (CG-MER) for reapproval 6 months before the end of the Coast Guard approval period identified in § 151.27(e) of this subpart.
(d) A record of annual review and changes to the plan must be maintained in the last appendix of section six of the plan.
(e) Except as provided in paragraph (f) of this section, revisions must receive prior approval by the Coast Guard before they can be incorporated into the plan.
(f) Revisions to the seventh section of the plan and the appendices do not require approval by the Coast Guard. The Coast Guard shall be advised and provided a copy of the revisions as they occur.
(g) Plans, including revisions, should be submitted electronically by using the Vessel Response Plan Electronic Submission Tool available at https://vrp.uscg.mil/homeport-vrp/vrp-express/ for registered users or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516 or by email to [email protected].
§ 151.29 Foreign ships.
(a) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country other than the United States that is party to MARPOL 73/78, shall, while in the navigable waters of the United States or while at a port or terminal under the jurisdiction of the United States, carry on board a shipboard oil pollution emergency plan approved by its flag state.
(b) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country that is not a party to MARPOL 73/78, must comply with § 151.21 of this subpart while in the navigable waters of the United States.
Noxious Liquid Substance Pollution
§ 151.30 Applicability.
(a) Except as provided in paragraph (b) of this section, §§ 151.30 through 151.49 apply to each ship that—
(1) Is operated under the authority of the United States and engages in international voyages;
(2) Is operated under the authority of the United States and is certificated for ocean service;
(3) Is operated under the authority of the United States and is certificated for coastwise service beyond three nautical miles from land;
(4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in § 2.22 of this chapter; or
(5) Is operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.30 through 151.49 do not apply to—
(1) A tank barge whose certificate is endorsed by the Coast Guard for a limited short protected coastwise route if the barge is constructed and certificated primarily for service on an inland route;
(2) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service;
(3) A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters;
(4) A Canadian or U.S. ship being operated exclusively on the internal waters of the United States and Canada; or
(5) Any other ship specifically excluded by MARPOL 73/78.
The term “internal waters” is defined in § 2.24 of this chapter.
§ 151.31 Where to find requirements applying to oceangoing ships carrying Category A, B, C, and D NLS.
(a) The requirements for oceangoing ships carrying NLSs listed in §§ 151.47 and 151.49 are in §§ 151.33 through 151.45.
(b) The requirements for oceangoing ships carrying NLSs listed in Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which are not listed in § 151.47 or § 151.49, are in 46 CFR parts 98, 151, and 153.
(c) Alternatives to the requirements in this part for oceangoing ships carrying NLSs are in 46 CFR part 153.
(d) Procedures for obtaining permission to carry an NLS not listed in § 151.47, § 151.49, Table 151.05 of 46 CFR part 151, or Table 1 of 46 CFR part 153 are in 46 CFR 153.900(c).
§ 151.32 Special areas for the purpose of Annex II.
(a) For the purposes of §§ 151.30 through 151.49, the special areas are the Baltic Sea area, the Black Sea area, and the Antarctic area which are described in § 151.06. Discharges into the sea of NLSs or mixtures containing such substances are prohibited in the Antarctic area.
(b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II of MARPOL 73/78, the discharge restrictions in § 151.32 for the Baltic Sea area and the Black Sea area will enter into effect when each Party to MARPOL 73/78 whose coastline borders the special area has certified that reception facilities are available and the IMO has established an effective date for each special area. Notice of the effective date for discharge requirements in these areas will be published in the
§ 151.33 Certificates needed to carry Category C Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category C oil-like NLS listed in § 151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage—
(1) An Attachment for NLSs to the IOPP Certificate, issued under § 151.37(a), that allows the NLS to be carried in that cargo tank; or
(2) A Certificate of Fitness issued under 46 CFR part 153 that allows the NLS to be carried in that cargo tank.
(b) A foreign oceangoing ship operating in the navigable waters of the U.S. may not carry a Category C oil-like NLS listed in § 151.49 in a cargo tank unless the ship has—
(1) An Attachment for NLSs to the IOPP Certificate that allows the NLS to be carried in that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR Part 153 to allow the NLS to be carried in that cargo tank.
(c) A U.S. oceangoing ship authorized to carry certain dangerous cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like NLS listed in § 151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage, an NLS Certificate issued under § 151.37(b) that allows the NLS to be carried in that cargo tank.
§ 151.35 Certificates needed to carry Category D NLS and Category D Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category D NLS listed in § 151.47 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages if a foreign voyage—
(1) An NLS Certificate issued under § 151.37(b) to allow the NLS to be carried in that cargo tank; or
(2) A Certificate of Fitness issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.
(b) A U.S. oceangoing ship may not carry a Category D oil-like NLS listed in § 151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages if a foreign voyage—
(1) An Attachment for NLSs to the IOPP Certificate, issued under § 151.37(a), to allow the NLS to be carried in that cargo tank; or
(2) An NLS Certificate issued under § 151.37(b) to allow the NLS to be carried in that cargo tank, or
(3) A Certificate of Fitness issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.
(c) A foreign oceangoing ship in the navigable waters of the U.S. may not carry a Category D NLS listed in § 151.47 in a cargo tank unless the ship has one of the following:
(1) An NLS Certificate endorsed to allow the NLS to be carried in that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.
(d) A foreign oceangoing ship in the navigable waters of the U.S. may not carry a Category D oil-like NLS listed in § 151.49 in a cargo tank unless the ship has one of the following:
(1) An Attachment for NLSs to the IOPP Certificate to allow the NLS to be carried in that cargo tank; or
(2) An NLS Certificate endorsed to allow the NLS to be carried in the cargo tank; or
(3) A Certificate of Compliance issued under 46 CFR part 153 to allow the NLS to be carried in the cargo tank.
(e) A U.S. oceangoing ship authorized to carry certain dangerous cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS listed in § 151.47 or a Category D oil-like NLS listed in § 151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage, an NLS Certificate issued under § 151.37(b) that allows the NLS to be carried in that cargo tank.
§ 151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and obtaining an NLS Certificate.
(a) The Coast Guard or a classification society authorized under 46 CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an oceangoing ship to allow the carriage of a Category C oil-like NLS or a Category D oil-like NLS if the following requirements are met:
(1) Except for ships that are not configured and are not equipped to ballast or wash cargo tanks while proceeding en route, the ship must have a Coast Guard approved monitor under § 157.12 that is approved for the cargoes that are desired to be carried.
(2) Except as required by paragraph (a)(3), ships of 150 meters or less in length carrying a Category C oil-like NLS must meet the damage stability requirements applying to a Type III hull as provided by Regulation 14 (c) of Annex II.
(3) A U.S. self propelled ship of 150 meters or less in length on a coastwise voyage carrying a Category C oil-like NLS must meet the damage stability requirements applying to a Type III hull as provided by 46 CFR part 172, subpart F except §§ 172.130 and 172.133.
(b) Except as allowed in paragraph (c) of this section, the Coast Guard or a classification society authorized under 46 CFR part 8 issues an NLS Certificate endorsed to allow the oceangoing ship engaged in a foreign voyage to carry a Category D NLS listed in § 151.47 if the ship has—
(1) An approved Procedures and Arrangements Manual and Cargo Record Book, both meeting the requirements in 46 CFR 153.490; and
(2) A residue discharge system meeting 46 CFR 153.470, unless the approved Procedures and Arrangements Manual limits discharge of Category D NLS residue to the alternative provided by 46 CFR 153.1128(b).
(c) The Coast Guard or a classification society authorized under 46 CFR part 8 issues a NLS Certificate with the statement that the vessel is prohibited from discharging NLS residues to the sea if the vessel does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.
§ 151.39 Operating requirements: Category D NLS.
The master or person in charge of an oceangoing ship that carries a Category D NLS listed in § 151.47 shall ensure that the ship is operated as prescribed for the operation of oceangoing ships carrying Category D NLSs in 46 CFR 153.901, 153.909, 153.1100, 153.1104, 153.1106, 153.1124, 153.1126, and 153.1128.
§ 151.41 Operating requirements for oceangoing ships with IOPP Certificates: Category C and D Oil-like NLSs.
The master or person in charge of an oceangoing ship certificated under § 151.37(a) shall ensure that—
(a) The carriage and discharge of the oil-like NLS meets §§ 157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of this chapter; and
(b) The oil-like NLS is not discharged unless—
(1) The monitor required by § 151.37(a)(1) is set to detect the oil-like NLS; and
(2) A statement that the monitor has been set to detect the oil-like NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations), required by § 151.25.
§ 151.43 Control of discharge of NLS residues.
(a) Unless the ship is a fixed or floating drilling rig or other platform operating under an National Pollution Discharge Elimination System (NPDES) permit, the master or person in charge of an oceangoing ship that cannot discharge NLS residue into the sea in accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS residue is—
(1) Retained on board; or
(2) Discharged to a reception facility.
(b) If Category A, B, or C NLS cargo or NLS residue is to be transfered at a port or terminal in the United States, the master or person in charge of each oceangoing ship carrying NLS cargo or NLS residue shall notify the port or terminal at least 24 hours before entering the port or terminal of—
(1) The name of the ship;
(2) The name, category and volume of NLS cargo to be unloaded;
(3) If the cargo is a Category B or C high viscosity NLS cargo or solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a reference to “§ 153.908(a)” or “§ 153.908(b)” in the “Special Requirements” column of that table, the time of day the ship is estimated to be ready to discharge NLS residue to a reception facility;
(4) If the cargo is any Category B or C NLS cargo not under paragraph (b)(3) of this section, whether or not the ship meets the stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
(5) The name and the estimated volume of NLS in the NLS residue to be discharged;
(6) The total volume of NLS residue to be discharged; and
(7) The name and amount of any cleaning agents to be used during the prewash required by 46 CFR 153.1120.
(c) The master or person in charge of a U.S. ship in a special area shall operate the ship in accordance with 46 CFR 153.903.
The master or person in charge of a ship carrying Category A NLS that is required to prewash tanks under the procedures in 46 CFR Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at least 24 hours before a prewash surveyor is needed.
§ 151.47 Category D NLSs other than oil-like Category D NLSs that may be carried under this part.
The following is a list of Category D NLSs other than Oil-like Category D NLSs that the Coast Guard allows to be carried:
§ 151.49 Category C and D Oil-like NLSs allowed for carriage.
The following is a list of Category C and D Oil-like NLSs that the Coast Guard allows to be carried:
(a) The following Category C oil-like NLSs may be carried:
(b) [Reserved]
Garbage Pollution and Sewage
§ 151.51 Applicability.
(a) Except as provided in paragraphs (b) through (f) of this section, §§ 151.51 through 151.77 apply to each ship that—
(1) Is of United States registry or nationality, or one operated under the authority of the United States, including recreational vessels defined in 46 U.S.C. 2101(25) and uninspected vessels defined in 46 U.S.C. 2101(43), wherever located; or
(2) Is operated under the authority of a country other than the United States while in the navigable waters or the Exclusive Economic Zone of the United States.
(b) Sections 151.51 through 151.77 do not apply to—
(1) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service; or
(2) Any other ship specifically excluded by MARPOL.
(c) Section 151.55 (Recordkeeping) applies to—
(1) A manned oceangoing ship (other than a fixed or floating drilling rig or other platform) of 400 gross tons and above that is documented under the laws of the United States or numbered by a State;
(2) A manned oceangoing ship (other than a fixed or floating drilling rig or other platform) of 400 gross tons and above that is operated under the authority of a country other than the United States while in the navigable waters or the Exclusive Economic Zone of the United States;
(3) A manned fixed or floating drilling rig or other platform subject to the jurisdiction of the United States; or
(4) A manned ship that is certified to carry 15 or more persons engaged in international voyages.
(d) Section 151.57 (Garbage Management Plans) applies to—
(1) A manned oceangoing ship (other than a fixed or floating drilling rig or other platform) of 40 feet or more in length that is documented under the laws of the United States or numbered by a state and that either is engaged in commerce or is equipped with a galley and berthing;
(2) A manned fixed or floating drilling rig or other platform subject to the jurisdiction of the United States; or
(3) A manned ship of 100 gross tons or more that is operated under the authority of a country other than the United States while in the navigable waters or the Exclusive Economic Zone of the United States.
(e) Section 151.59 (Placards) applies to—
(1) A manned U.S. ship (other than a fixed or floating drilling rig or other platform) that is 26 feet or more in length;
(2) A manned floating drilling rig or other platform in transit that is subject to the jurisdiction of the United States; or
(3) A manned ship of 40 feet or more in length that is operated under the authority of a country other than the United States while in the navigable waters or the Exclusive Economic Zone of the United States.
(f) Section 151.73 (Discharge of Garbage from Fixed or Floating platforms) only applies to a fixed or floating drilling rig or other platform subject to the jurisdiction of the United States.
The Exclusive Economic Zone extends from the baseline of the territorial sea seaward 200 miles as defined in the Presidential Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp., p. 22).
§ 151.53 Special areas for Annex V of MARPOL 73/78.
(a) For the purposes of §§ 151.51 through 151.77, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the North Sea area, the Antarctic area, and the Wider Caribbean region, including the Gulf of Mexico and the Caribbean Sea which are described in § 151.06.
(b) In accordance with paragraph 3.2 of Regulation 8 of Annex V of MARPOL, the discharge restrictions in § 151.71 for special areas will enter into effect when each party to MARPOL whose coastline borders the special area has certified that reception facilities are available and the IMO has established an effective date for each special area. Notice of the effective dates for the discharge requirements in each special area will be published in the
(c) The discharge restrictions are in effect in the Wider Caribbean Region, the Mediterranean Sea, the Baltic Sea, the North Sea, the Gulfs, and the Antarctic special areas.
§ 151.55 Recordkeeping requirements.
(a) The master or person in charge of a ship to which this section applies shall ensure that a written record is maintained on the ship of each of the following garbage discharge or disposal operations:
(1) Discharge to a reception facility or to another ship;
(2) Incineration on the ship;
(3) Discharge into the sea; and/or
(4) Accidental or other exceptional discharges.
(b) When garbage is discharged to a reception facility or to another ship, the record under paragraph (a) of this section must contain the following information:
(1) The date and time of the discharge;
(2) If the operation was conducted at a port, the name of the port;
(3) If the operation was not conducted at a port, the latitude and longitude of the location where the operation was conducted, and if the operation involved off-loading to another ship, the name and official number of the receiving ship;
(4) The categories of garbage involved; and
(5) The estimated amount of each category of garbage discharged, described by volume in cubic meters.
(c) When garbage is incinerated on the ship, the record under paragraph (a) of this section must contain the following information:
(1) The date and time of the starting and stopping of the incineration;
(2) The latitude and longitude of the ship at the starting and stopping of the incineration;
(3) The categories of the garbage involved; and
(4) The estimated amount of each category of garbage involved, described by volume in cubic meters.
(d) When garbage which is allowed into the sea is discharged overboard, the record under paragraph (a) of this section must contain the following information:
(1) The date and time of the discharge;
(2) The latitude and longitude of the ship;
(3) The categories of the garbage involved; and
(4) The estimated amount of each category of garbage involved, described by volume in cubic meters.
(e) For the record under paragraph (a) of this section, the categories of garbage are
(1) Plastics,
(2) Food wastes,
(3) Domestic wastes,
(4) Cooking oil,
(5) Incinerator ashes,
(6) Operational wastes,
(7) Cargo residues,
(8) Animal carcasses, and
(9) Fishing gear.
(f) The record under paragraph (a) of this section must be prepared at the time of the operation, certified as correct by the master or person in charge of the ship, maintained on the ship for 2 years following the operation, and made available for inspection by the Coast Guard.
§ 151.57 Garbage management plans.
(a) The master or person in charge of a ship to which this section applies shall ensure that the ship is not operated unless a garbage management plan meeting paragraph (b) of this section is on the ship and that each person handling garbage follows the plan.
(b) Each garbage management plan under paragraph (a) of this section must be in writing and—
(1) Provide for the discharge of garbage by means that meet Annex V of MARPOL, the Act, and §§ 151.51 through 151.77;
(2) Describe procedures for minimizing, collecting, processing, storing, and discharging garbage; and
(3) Designate the person who is in charge of carrying out the plan.
§ 151.59 Placards.
(a) The master or person in charge of a ship, including a drilling rig or platform, to which this section applies shall ensure that one or more placards meeting the requirements of this section are displayed in prominent locations and in sufficient numbers so that they can be read by the crew and passengers. These locations must be readily accessible to the intended reader and may include embarkation points, food service facilities, garbage handling spaces, living spaces, and common areas on deck. If the Captain of the Port (COTP) determines that the number or location of the placards is insufficient to adequately inform crew and passengers, the COTP may require additional placards and may specify their locations.
(b) Each placard must be at least 20 cm (8 in) wide by 12
(c) At a minimum, each placard must notify the reader of the operating requirements contained in §§ 151.67 through 151.73 as they apply to that ship. The following requirements should also be prominently stated:
(1) The discharge of all garbage is prohibited into the navigable waters of the United States and into all other waters except as specifically allowed;
(2) The discharge of all forms of plastic into all waters is prohibited;
(3) A person who violates the above requirements is liable for civil and/or criminal penalties; and
(4) Regional, state, and local restrictions on garbage discharges also may apply.
(d) For ships while operating on the Great Lakes or their connecting or tributary waters, the placard must—
(1) Notify the reader of the information in paragraph (c) of this section; or
(2) Notify the reader of the following:
(i) Except as allowed by § 151.66, the discharge of all garbage into the Great Lakes or their connecting or tributary waters is prohibited; and
(ii) A person who violates the above requirements is liable for a civil penalty for each violation, and the criminal penalties of a class D felony.
§ 151.61 Inspection for compliance and enforcement.
While within the navigable waters of the United States or the Exclusive Economic Zone, a ship is subject to inspection by the Coast Guard or other authorized federal agency to determine if—
(a) The ship has been operating in accordance with these regulations and has not discharged plastics or other garbage in violation of the provisions of the Act or Annex V of MARPOL;
(b) Grinders or comminuters used for the discharge of garbage between 3 and 12 nautical miles from nearest land are capable of reducing the size of garbage so that it will pass through a screen with openings no greater than 25 millimeters (one inch);
(c) Information for recordkeeping requirements, when required under § 151.55, is properly and accurately logged;
(d) A garbage management plan, when required under § 151.57, is on board and that the condition of the ship, equipment and operational procedures of the ship meet the plan; and
(e) Placards, when required by § 151.59, are posted on board.
§ 151.63 Shipboard control of garbage.
(a) The master, operator, or person who is in charge of a ship shall ensure that all garbage is discharged ashore or in accordance with §§ 151.66-151.73.
(b) The following factors, among others, may be considered by enforcement personnel in evaluating compliance with §§ 151.51 through 151.77:
(1) Records, including receipts, of garbage discharges at port reception facilities.
(2) Records under § 151.55 or log entries of garbage discharges.
(3) The presence and operability of equipment to treat ship-generated garbage, including, but not limited to, incinerators, grinders, or comminuters.
(4) The presence of and adherence to a written shipboard garbage management plan.
(5) The absence of plastics in ship stores.
(6) Ongoing educational programs to train shipboard personnel of garbage handling procedures and the need for these.
(7) The presence of shipboard spaces used for collecting, processing, storing and discharging ship-generated garbage.
(c) The master, operator, or person who is in charge of a ship shall ensure that if garbage is transported from a ship by shipboard personnel, it is properly deposited into a port or terminal’s reception facility.
§ 151.65 Reporting requirements.
The master or person who is in charge of each oceangoing ship shall notify the port or terminal, at least 24 hours before entering the port or terminal, of the name of the ship and the estimated volume of garbage requiring disposal, if any of the following types of garbage are to be discharged:
(a) Garbage regulated by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture under 7 CFR 330.400 or 9 CFR 94.5;
(b) Medical wastes; or
(c) Hazardous wastes defined in 40 CFR 261.3.
(a) Except as otherwise provided in this section, no person on board any ship may discharge garbage into the navigable waters of the United States. Cleaning agents or additives contained in deck and external surface wash water may be discharged only if these substances are not harmful to the marine environment.
(b)(1) On the U.S. waters of the Great Lakes, commercial vessels may discharge bulk dry cargo residues in accordance with and subject to the conditions imposed by this paragraph.
(2) As used in this paragraph and in paragraph (c) of this section—
Apostle Islands National Lakeshore means the site on or near Lake Superior administered by the National Park Service, less Madeline Island, and including the Wisconsin shoreline of Bayfield Peninsula from the point of land at 46°57′19.7″ N. 090°52′51.0″ W southwest along the shoreline to a point of land at 46°52′56.4″ N. 091°3′3.1″ W.
Broom clean means a condition in which the vessel’s deck shows that care has been taken to prevent or eliminate any visible concentration of bulk dry cargo residues, so that any remaining bulk dry cargo residues consist only of dust, powder, or isolated and random pieces, none of which exceeds 1 inch in diameter.
Bulk dry cargo residues means non-hazardous and non-toxic residues, regardless of particle size, of dry cargo carried in bulk, including limestone and other clean stone, iron ore, coal, salt, and cement. It does not include residues of any substance known to be toxic or hazardous, such as nickel, copper, zinc, lead, or materials classified as hazardous in provisions of law or treaty.
Caribou Island and Southwest Bank Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
Commercial vessel means a commercial vessel loading, unloading, or discharging bulk dry cargo in the U.S. waters of the Great Lakes, or a U.S. commercial vessel transporting bulk dry cargo and operating anywhere on the Great Lakes; but the term does not include a non-self-propelled barge unless it is part of an integrated tug and barge unit.
Comparable characteristics, cargoes, and operations means similar vessel design, size, age, crew complement, cargoes, operational routes, deck and hold configuration, and fixed cargo transfer equipment configuration.
Detroit River International Wildlife Refuge means the U.S. waters of the Detroit River bound by the area extending from the Michigan shore at the southern outlet of the Rouge River to 41°54.0′ N., 083°06.0′ W. along the U.S.-Canada boundary southward and clockwise connecting points:
Dry cargo residue (or DCR) management plan means the plan required by paragraph (b)(5) of this section.
Grand Portage National Monument means the site on or near Lake Superior, administered by the National Park Service, from the southwest corner of the monument point of land at 47°57.521′ N 089°41.245′ W. to the northeast corner of the monument point of land, 47°57.888′ N 089°40.725′ W.
Indiana Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, from a point of land near Gary, Indiana at 41°42′59.4″ N 086°54′59.9″ W eastward along the shoreline to 41°37′08.8″N 087°17′18.8″ W near Michigan City, Indiana.
Industry standard practices means practices that ensure the proper installation, maintenance, and operation of shipboard cargo transfer and DCR removal equipment, proper crew training in DCR minimization procedures and cargo transfer operations, and proper supervision of cargo transfer operations to minimize DCR accumulation on or in a commercial vessel.
Integrated tug and barge unit means any tug-barge combination which, through the use of special design features or a specially designed connection system, has increased sea-keeping capabilities relative to a tug and barge in the conventional pushing mode.
Isle Royale National Park means the site on or near Lake Superior, administered by the National Park Service, where the boundary includes any submerged lands within the territorial jurisdiction of the United States within 4
Mile means a statute mile.
Milwaukee Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
Minimization means the reduction, to the greatest extent practicable, of any bulk dry cargo residue discharge from the vessel.
Northern Refuge means the area enclosed by rhumb lines connecting the coordinates, beginning on the northernmost point and proceeding clockwise:
Pictured Rocks National Lakeshore means the site on or near Lake Superior, administered by the National Park Service, from a point of land at 46°26′21.3″ N 086°36′43.2″ W eastward along the Michigan shoreline to 46°40′22.2″ N 085°59′58.1″ W.
Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
Sleeping Bear Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, that includes North Manitou Island, South Manitou Island and the Michigan shoreline from a point of land at 44°42′45.1″ N, 086°12′18.1″ W north and eastward along the shoreline to 44°57′12.0″ N, 085°48′12.8″ W.
Stannard Rock Protection Area means the area within a 6-mile radius from Stannard Rock Light, at 47°10′57″ N 087°13′34″ W.
Superior Shoal Protection Area means the area within a 6-mile radius from the center of Superior Shoal, at 48°03.2′ N 087°06.3′ W.
Thunder Bay National Marine Sanctuary means the site on or near Lake Huron designated by the National Oceanic and Atmospheric Administration as the boundary that forms an approximately rectangular area by extending along the ordinary high water mark between the northern and southern boundaries of Alpena County, cutting across the mouths of rivers and streams, and lakeward from those points along latitude lines to longitude 83 degrees west. The coordinates of the boundary are:
Waukegan Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
Western Basin means that portion of Lake Erie west of a line due south from Point Pelee.
(3) Discharges of bulk dry cargo residue under paragraph (b) of this section are allowed, subject to the conditions listed in Table 151.66(b)(3) of this section.
Table 151.66(b)(3)—Bulk Dry Cargo Residue Discharges Allowed on the Great Lakes
| Location | Cargo | Discharge allowed except as noted |
|---|---|---|
| Tributaries, their connecting rivers, and the St. Lawrence River | Limestone and other clean stone | Prohibited within 3 miles from shore. |
| All other cargoes | Prohibited. | |
| Lake Ontario | Limestone and other clean stone | Prohibited within 3 miles from shore. |
| Iron ore | Prohibited within 6 miles from shore. | |
| All other cargoes | Prohibited within 13.8 miles from shore. | |
| Lake Erie | Limestone and other clean stone | Prohibited within 3 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel operating exclusively within Western Basin may discharge limestone or clean stone cargo residues over the dredged navigation channels between Toledo Harbor Light and Detroit River Light. |
| Iron ore | Prohibited within 6 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor. | |
| Coal, salt | Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor. | |
| All other cargoes | Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin. | |
| Lake St. Clair | Limestone and other clean stone | Prohibited within 3 miles from shore. |
| All other cargoes | Prohibited. | |
| Lake Huron, except Six Fathom Scarp Mid-Lake Special Protection Area | Limestone and other clean stone | Prohibited within 3 miles from shore; prohibited in the Thunder Bay National Marine Sanctuary. |
| Iron ore | Prohibited within 6 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels upbound along the Michigan thumb as follows: (a) Between 5.8 miles northeast of entrance buoys 11 and 12 to the track line turn abeam of Harbor Beach, prohibited within 3 miles from shore. (b) For vessels bound for Saginaw Bay only, between the track line turn abeam of Harbor Beach and 4 nautical miles northeast of Point Aux Barques Light, prohibited within 4 miles from shore and not less than 10 fathoms of depth. | |
| Coal, salt | Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels upbound from Alpena into ports along the Michigan shore south of Forty Mile Point within 4 miles from shore and not less than 10 fathoms of depth. | |
| All other cargoes | Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary. | |
| Lake Michigan | Limestone and other clean stone | Prohibited within 3 miles from shore; prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas; prohibited within the Northern Refuge; prohibited within 3 miles of the shore of the Indiana Dunes and Sleeping Bear National Lakeshores; prohibited within Green Bay. |
| Iron ore | Prohibited in the Northern Refuge; north of 45° N., prohibited within 12 miles from shore and in Green Bay; south of 45° N., prohibited within 6 miles from shore, and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed at: (a) 4.75 miles off Big Sable Point Betsie, along established Lake Carriers Association (LCA) track lines; and (b) Along 056.25° LCA track line between due east of Poverty Island to a point due south of Port Inland Light. | |
| Coal | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed— (a) Along 013.5° LCA track line between 45° N. and Boulder Reef, and along 022.5° LCA track running 23.25 miles between Boulder Reef and the charted position of Red Buoy #2; (b) Along 037° LCA track line between 45°20′ N. and 45°42′ N.; (c) Along 056.25° LCA track line between points due east of Poverty Island to a point due south of Port Inland Light; and (d) At 3 miles from shore for coal carried between Manistee and Ludington along customary routes. | |
| Salt | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores, and in Green Bay. | |
| All other cargoes | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores. | |
| Lake Superior | Limestone and other clean stone | Prohibited within 3 miles from shore; and prohibited within Isle Royale National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. |
| Iron ore | Prohibited within 6 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royale National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| Coal, salt | Prohibited within 13.8 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royale National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| Cement | Prohibited within 13.8 miles from shore (within 3 miles offshore west of a line due north from Bark Point); and prohibited within Isle Royale National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| All other cargoes | Prohibited within 13.8 miles from shore; and prohibited within Isle Royale National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. |
(4) The master, owner, operator, or person in charge of any commercial vessel must ensure that the vessel’s deck is kept broom clean whenever the vessel is in transit.
(5) The master, owner, operator, or person in charge of any commercial vessel must ensure that a dry cargo residue management plan is on board the vessel, is kept available for Coast Guard inspection, and that all operations are conducted in accordance with the plan. A waste management plan meeting the requirements of 33 CFR 151.57 satisfies this requirement, so long as it provides all the information required by this paragraph (b)(5). If the plan is maintained electronically, at least one paper copy of the plan must be on board for use during inspections. The plan must describe the specific measures the vessel employs to ensure the minimization of bulk dry cargo residue discharges, and, at a minimum, must list or describe—
(i) Equipment on board the vessel that is designed to minimize bulk dry cargo spillage during loading and unloading;
(ii) Equipment on board the vessel that is available to recover spilled cargo from the decks and transfer tunnels and return it to the holds or to unloading conveyances;
(iii) Operational procedures employed by the vessel’s crew during the loading or unloading of bulk dry cargoes to minimize cargo spillage onto the decks and into the transfer tunnels and to achieve and maintain the broom clean deck condition required by paragraph (b)(4) of this section;
(iv) Operational procedures employed by the vessel’s crew during or after loading or unloading operations to return spilled bulk dry cargo residue to the vessel’s holds or to shore via an unloading conveyance;
(v) How the vessel’s owner or operator ensures that the vessel’s crew is familiar with any operational procedures described by the plan;
(vi) The position title of the person on board who is in charge of ensuring compliance with procedures described in the plan;
(vii) Any arrangements between the vessel and specific ports or terminals for the unloading and disposal of the vessel’s bulk dry cargo residues ashore; and
(viii) The procedures used and the vessel’s operating conditions to be maintained during any unavoidable discharge of bulk dry cargo residue into the Great Lakes.
(6) In determining whether a commercial vessel or person is in compliance with paragraph (b) of this section, Coast Guard personnel may consider—
(i) The extent to which the procedures described in the vessel’s DCR management plan reflect current industry standard practices for vessels of comparable characteristics, cargoes, and operations;
(ii) The crew’s demonstrated ability to perform tasks for which the DCR management plan holds them responsible;
(iii) Whether equipment described in the DCR management plan is maintained in proper operating condition; and
(iv) The extent to which the crew adheres to the vessel’s DCR management plan during actual dry cargo loading and unloading operations and DCR discharge operations.
(c)(1) The master, owner, operator, or person in charge of any commercial ship loading, unloading, or discharging bulk dry cargo in the United States’ waters of the Great Lakes and the master, owner, operator, or person in charge of a U.S. commercial ship transporting bulk dry cargo and operating anywhere on the Great Lakes, excluding non-self propelled barges that are not part of an integrated tug and barge unit, must ensure that a written record is maintained on the ship that fully and accurately records information on:
(i) Each loading or unloading operation on the United States’ waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes, involving bulk dry cargo; and
(ii) Each discharge of bulk dry cargo residue that takes place in United States’ waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes.
(2) For each loading or unloading operation, the record must describe:
(i) The date of the operation;
(ii) Whether the operation involved loading or unloading;
(iii) The name of the loading or unloading facility;
(iv) The type of bulk dry cargo loaded or unloaded;
(v) The method or methods used to control the amount of bulk dry cargo residue, either onboard the ship or at the facility;
(vi) The time spent to implement methods for controlling the amount of bulk dry cargo residue; and
(vii) The estimated volume of bulk dry cargo residue created by the loading or unloading operation that is to be discharged.
(3) For each discharge, the record must describe:
(i) The date and time the discharge started, and the date and time the discharge ended;
(ii) The ship’s position, in latitude and longitude, when the discharge started and when the discharge ended; and
(iii) The ship’s speed during the discharge.
(iv) Records must be certified by the master, owner, operator, or person in charge; must be kept in written form on board the ship for at least 2 years; and must be made available for Coast Guard inspection upon request.
§ 151.67 Operating requirements: Discharge of plastic prohibited.
No person on board any ship may discharge into the sea, or into the navigable waters of the United States, plastic or garbage mixed with plastic, including, but not limited to, synthetic ropes, synthetic fishing nets, and plastic garbage bags. All garbage containing plastics requiring disposal must be discharged ashore or incinerated.
§ 151.69 Operating requirements: Discharge of garbage outside special areas.
(a) Except for ships operating in the Great Lakes which must comply with section 151.66, when a ship is operating outside of a special area specified in § 151.53, no person may discharge garbage into the sea, except as allowed in paragraphs (b) through (d) of this section.
(b) The following allowed discharges of garbage shall only be conducted while the ship is en route and as far as practicable from the nearest land, but never less than—
(1) 12 nautical miles for food wastes, except that, such food wastes may be discharged outside of 3 nautical miles from nearest land after they have been processed with a grinder or comminuter specified in § 151.75;
(2) 12 nautical miles for cargo residues that cannot be recovered using commonly available methods for unloading. The discharged cargo residues must not be harmful to the marine environment; and
(3) 100 nautical miles and the maximum water depth possible for animal carcasses. Discharge shall be conducted in accordance with the applicable International Maritime Organization guidelines.
(c) Cleaning agents or additives contained in cargo hold, deck, and external surfaces wash water may be discharged only if these substances are not harmful to the marine environment.
(d) Mixtures of garbage having different discharge requirements must be:
(1) Retained on board for later disposal ashore; or
(2) Discharged in accordance with the more stringent requirement prescribed by paragraphs (a) through (c) of this section.
§ 151.71 Operating requirements: Discharge of garbage within special areas.
(a) When a ship is located within a special area referenced in § 151.53 of this part, no person may discharge garbage into the water, except as allowed in this section.
(b) Food wastes shall only be discharged while the ship is en route and—
(1) As far as practicable from the nearest land or nearest ice shelf, but not less than 12 nautical miles from the nearest land or nearest ice shelf;
(2) After having been processed with a grinder or comminuter specified in § 151.75; and
(3) Not contaminated by any other garbage type.
(4) The discharge of introduced avian products, including poultry and poultry parts, is not permitted in the Antarctic area unless it has been treated to be made sterile.
(c) Cargo residues that cannot be recovered using commonly available methods for unloading may be discharged where all the following conditions are satisfied:
(1) The cargo residues, cleaning agents or additives contained in the cargo hold washing water do not contain any substances that are harmful to the marine environment.
(2) Both the port of departure and the next port of destination must be within the special area and the ship will not transit outside of the special area when moving between those ports.
(3) No adequate reception facilities are available at those ports.
(4) When the conditions of paragraphs (c)(1) through (c)(3) of this section have been fulfilled, discharge of cargo hold washing water containing residues shall be made as far as practicable from the nearest land or the nearest ice shelf and not less than 12 nautical miles from the nearest land or the nearest ice shelf.
(d) Cleaning agents or additives contained in deck and external surfaces wash water may be discharged only if those substances are not harmful to the marine environment.
(e) Mixtures of garbage having different discharge requirements must be:
(1) Retained on board for later disposal ashore; or
(2) Discharged in accordance with the more stringent requirement prescribed by paragraphs (b) through (d) of this section.
§ 151.73 Operating requirements: Discharge of garbage from fixed or floating platforms.
(a) Except as allowed in paragraph (b) of this section, no person may discharge garbage from—
(1) A fixed or floating platform engaged in the exploration, exploitation or associated offshore processing of seabed mineral resources; or
(2) Any ship within 500 meters (1650 feet) of such platforms.
(b) Food waste may be discharged into the surrounding waters from a ship or fixed or floating platform regulated by paragraph (a) of this section if—
(1) It is processed with a grinder or comminuter meeting the standards in § 151.75; and
(2) That ship or fixed or floating drilling rig or platform is beyond 12 nautical miles from nearest land.
§ 151.75 Grinders or comminuters.
Each grinder or comminuter used to discharge garbage in accordance with § 151.69(b)(1), § 151.71(b)(2), or § 151.73(b)(1), must be capable of processing garbage so that it passes through a screen with openings no greater than 25 millimeters (one inch).
§ 151.77 Exceptions for emergencies and health risks.
Sections 151.67, 151.69, 151.71, and 151.73 do not apply to the following:
(a) Discharges of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea.
(b) The accidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the accidental loss.
(c) The accidental loss of fishing gear from a ship, provided all reasonable precautions have been taken to prevent such loss.
(d) The discharge of fishing gear from a ship for the protection of the marine environment or for the safety of that ship or its crew.
(e) The en route requirements of §§ 151.69 and 151.71 do not apply to the discharge of food wastes when it is clear the retention on board of these food wastes present an imminent health risk to the people on board.
§ 151.79 Operating requirements: Discharge of sewage within Antarctica.
(a) A vessel certified to carry more than 10 persons must not discharge untreated sewage into the sea within 12 nautical miles of Antarctic land or ice shelves; beyond such distance, sewage stored in a holding tank must not be discharged instantaneously but at a moderate rate and, where practicable, while the ship is en route at a speed of no less than 4 knots. For purposes of this section, “sewage” means:
(1) Drainage and other wastes from any form of toilets, urinals, and WC scuppers;
(2) Drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs, and scuppers located in such premises;
(3) Drainage from spaces containing living animals; or
(4) Other waste waters when mixed with the drainages defined above.
(b) Paragraph (a) of this section does not apply to a warship, naval auxiliary, or other ship owned or operated by the United States and used only in government non-commercial service.
(c) Paragraph (a) of this section does not apply in cases of an emergency relating to the safety of a ship and those on board or saving life at sea. Notice of an activity, otherwise prohibited under paragraph (a) of this section, undertaken in case of an emergency shall be reported immediately to the National Response Center (NRC) toll free telephone number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-1322.
Subpart B—Transportation of Municipal and Commercial Waste
§ 151.1000 Purpose.
The purpose of this subpart is to implement the permit provisions of the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).
§ 151.1003 Applicability.
(a) Except as provided by paragraph (b) of this section, this subpart applies to each vessel whose purpose is the transportation of municipal or commercial waste in coastal waters.
(b) This subpart does not apply to public vessels.
§ 151.1006 Definitions.
As used in this subpart—
Coastal waters means—
(1) The territorial sea of the United States;
(2) The Great Lakes and their connecting waters;
(3) The marine and estuarine waters of the United States up to the head of tidal influence; and
(4) The Exclusive Economic Zone as established by Presidential Proclamation Number 5030, dated March 10, 1983.
The Exclusive Economic Zone extends from the baseline of the territorial sea of the United States seaward 200 miles.
Municipal and commercial waste means solid waste as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except—
(1) Solid waste identified and listed under section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921);
(2) Waste generated by a vessel during normal operations;
(3) Debris solely from construction activities;
(4) Sewage sludge subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); and
(5) Dredge or fill material subject to regulation under title I of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.).
Public vessel means a vessel that—
(1) Is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and
(2) Is not engaged in commercial service.
Vessel means every description of watercraft or other artifical contrivance used, or capable of being used, as a means of transportation on water.
§ 151.1009 Transportation of municipal or commercial waste.
A vessel may not transport municipal or commercial waste in coastal waters without—
(a) A conditional permit to transport municpal or commercial waste issued under this subpart; and
(b) Displaying a number in accordance with § 151.1024.
§ 151.1012 Applying for a conditional permit.
(a) The owner or operator of each vessel to which this subpart applies shall apply by letter for a conditional permit required by § 151.1009. Applications must be submitted to Commandant (CG-CVC-1), Attn: Domestic Vessels Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 and include the following:
(1) The name, address, and telephone number of the vessel owner and operator.
(2) The vessel’s name and official number, if any.
(3) The vessel’s area of operation.
(4) The vessel’s transport capacity.
(5) A history of the types of cargo transported by the vessel during the previous year, including identifying the type of municipal or commercial waste transported as—
(i) Municipal waste;
(ii) Commercial waste;
(iii) Medical waste; or
(iv) Waste of another character.
(6) The types of cargo to be transported by the vessel during the effective period of the conditional permit, including identifying the type of municipal or commercial waste as it is identified in paragraphs (a)(5)(i) through (iv) of this section.
(7) A statement of whether the application for a conditional permit is for a single voyage, a short term operation or a continuing operation. If the application is for a single voyage or a short term operation, the statement must include the duration of the voyage or operation.
(8) An acknowledgment that certifies as to the truthfulness and accuracy of the information provided.
(b) The owner or operator under paragraph (a) of this section shall provide any additional information the Coast Guard may require.
§ 151.1015 Issuing or denying the issuance of a conditional permit.
(a) After reviewing the application made under § 151.1012, the Coast Guard either—
(1) Issues the conditional permit for a vessel under this section; or
(2) Denies the issuance of the conditional permit to the vessel in accordance with paragraph (c) of this section. On denying the issuance of the permit, the Coast Guard notifies the applicant of the—
(i) Denial and the reason for the denial; and
(ii) Procedures under § 151.1021 for appealing the denial.
(b) Each conditional permit issued under this section is effective—
(1) On the date it is issued; and
(2) Until the expiration date stated on the conditional permit unless it is—
(i) Withdrawn under § 151.1018;
(ii) Terminated because—
(A) The vessel is sold; or
(B) This subpart no longer applies to the vessel.
(c) The Coast Guard may deny the issuance of a conditional permit if—
(i) The application does not contain the information required under § 151.1012; or
(ii) There is reason to believe that the information contained on the application is not true and correct.
§ 151.1018 Withdrawal of a conditional permit.
(a) The Coast Guard may withdraw a conditional permit if the Administrator of the EPA requests withdrawal because the Administrator has determined that the owner or operator of the vessel has a record or a pattern of serious violations of—
(1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 et seq.);
(2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.);
(4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 1401 et seq.); or
(5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Upon reaching a determination to withdraw a conditional permit, the Coast Guard notifies the owner or operator of—
(1) The withdrawal and the reason for the withdrawal;
(2) The procedures for appealing the withdrawal.
(c) After receiving the notice under paragraph (b) of this section, the owner or operator shall ensure that—
(1) The vessel immediately ceases transporting municipal or commercial waste and the marking required by § 151.1024 is removed; and
(2) The conditional permit is returned to the Coast Guard within 5 days after receiving the notice.
§ 151.1021 Appeals.
(a) Any person directly affected by an action taken under this subpart may request reconsideration by the Coast Guard officer responsible for that action.
(b) The person affected who is not satisfied with a ruling after having it reconsidered under paragraph (a) of this section may—
(1) Appeal that ruling in writing within 30 days after the ruling to the Commandant (CG-5P), Attn: Assistant Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; and
(2) Supply supporting documentation and evidence that the appellant wishes to have considered.
(c) After reviewing the appeal submitted under paragraph (b) of this section, the Assistant Commandant for Marine Safety, Security and Environmental Protection issues a ruling which is final agency action.
(d) If the delay in presenting a written appeal has an adverse impact on the operations of the appellent, the appeal under paragraph (b) of this section—
(1) May be presented orally; and
(2) Must be submitted in writing within five days after the oral presentation—
(i) With the basis for the appeal and a summary of the material presented orally; and
(ii) To the same Coast Guard official who heard the oral presentation.
§ 151.1024 Display of number.
(a) The owner or operator of each vessel under this subpart must ensure that the vessel number stated on the conditional permit issued under § 151.1015 is displayed so that it—
(1) Is clearly legible;
(2) Has a contrasting background;
(3) Is readily visible from either side of the vessel; and
(4) Is in block figures that are at least 18 inches in height.
(b) No person may tamper with or falsify a number required under this section.
Subpart C—Ballast Water Management for Control of Nonindigenous Species in the Great Lakes and Hudson River
§ 151.1500 Purpose.
The purpose of this subpart is to implement the provisions of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).
§ 151.1502 Applicability.
This subpart applies to all non-recreational vessels, U.S. and foreign, that are equipped with ballast tanks that, after operating on the waters beyond the Exclusive Economic Zone during any part of its voyage, enter the Snell Lock at Massena, New York, or navigates north of the George Washington Bridge on the Hudson River, regardless of other port calls in the United States or Canada during that voyage, except as expressly provided in 33 CFR 151.2015(a). All vessels subject to this subpart are also required to comply with the applicable requirements of 33 CFR 151.2050, 151.2060, and 151.2070.
§ 151.1504 Definitions.
The following terms are defined as used in this subpart.
Alternate management system (AMS) means a ballast water management system approved by a foreign administration pursuant to the standards set forth in the International Maritime Organization’s International BWM Convention, and meeting all applicable requirements of U.S. law, and which is used in lieu of ballast water exchange.
Ballast tank means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
Ballast water means any water and suspended matter taken on board a vessel to control or maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried.
Ballast water management system (BWMS) means any system which processes ballast water to kill, render harmless, or remove organisms. The BWMS includes all ballast water treatment equipment and all associated control and monitoring equipment.
Captain of the Port (COTP) means the Coast Guard officer designated as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of the Port Zone or the New York, NY, Captain of the Port Zone described in part 3 of this chapter or an official designated by the COTP.
Commandant means the Commandant of the Coast Guard or an authorized representative.
Constructed in respect to a vessel means a stage of construction when—
(1) The keel of a vessel is laid;
(2) Construction identifiable with the specific vessel begins;
(3) Assembly of the vessel has commenced and comprises at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less; or
(4) The vessel undergoes a major conversion.
Exclusive Economic Zone (EEZ) means the area established by Presidential Proclamation Number 5030, dated March 10, 1983, (48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line of the territorial sea of the United States seaward 200 miles, and the equivalent zone of Canada.
Environmentally sound method means methods, efforts, actions, or programs, either to prevent introductions or to control infestations of aquatic nuisance species, that minimize adverse impacts to the structure and function of an ecosystem, minimize adverse effects on non-target organisms and ecosystems, and that emphasize integrated pest management techniques and non-chemical measures.
Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.
Port means a terminal or group of terminals or any place or facility that has been designated as a port by the COTP.
Sediments means any matter settled out of ballast water within a vessel.
Voyage means any transit by a vessel destined for the Great Lakes or the Hudson River, north of the George Washington Bridge, from a port or place outside of the EEZ, including intermediate stops at a port or place within the EEZ.
Waters of the United States means waters subject to the jurisdiction of the United States as defined in 33 CFR 2.38, including the navigable waters of the United States. For 33 CFR part 151, subparts C and D, the navigable waters include the territorial sea as extended to 12 nautical miles from the baseline, pursuant to Presidential Proclamation No. 5928 of December 27, 1988.
§ 151.1505 Severability.
If a court finds any portion of this subpart to have been promulgated without proper authority, the remainder of this subpart will remain in full effect.
§ 151.1506 Restriction of operation.
No vessel subject to the requirements of this subpart may be operated in the Great Lakes or the Hudson River, north of the George Washington Bridge, unless the master of the vessel has certified, in accordance with § 151.1516, that the requirements of this subpart have been met.
§ 151.1508 Revocation of clearance.
A COTP may request the District Director of Customs to withhold or revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject to this subpart, the owner or operator of which is not in compliance with the requirements of this subpart.
§ 151.1510 Ballast water management requirements.
(a) The master of each vessel subject to this subpart shall employ one of the following ballast water management practices:
(1) Carry out an exchange of ballast water on the waters beyond the Exclusive Economic Zone (EEZ), from an area more than 200 nautical miles from any shore, and in waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep, such that, at the conclusion of the exchange, any tank from which ballast water will be discharged contains water with a minimum salinity level of 30 parts per thousand, unless the vessel is required to employ an approved ballast water management system (BWMS) per the schedule in § 151.1512(b) of this subpart. This exchange must occur prior to entry into the Snell Lock at Massena, NY, or navigating on the Hudson River, north of the George Washington Bridge. An alternative management system (AMS) that meets the requirements of 33 CFR 151.2026 may also be used, so long as it was installed on the vessel prior to the date that the vessel is required to comply with the ballast water discharge standard in accordance with § 151.1512(b) of this subpart. If using an AMS, the master, owner, operator, agent, or person in charge of the vessel subject to this subpart may employ the AMS for no longer than 5 years from the date they would otherwise be required to comply with the ballast water discharge standard in accordance with § 151.1512(b) of this subpart.
(2) Retain the vessel’s ballast water on board the vessel. If this method of ballast water management is employed, the COTP may seal any tank or hold containing ballast water on board the vessel for the duration of the voyage within the waters of the Great Lakes or the Hudson River, north of the George Washington Bridge.
(3) Install and operate a BWMS that has been approved by the Coast Guard under 46 CFR part 162, in accordance with § 151.1512(b) of this subpart. Following installation of a BWMS, the master, owner, operator, agent, or person in charge of the vessel must maintain the BWMS in accordance with all manufacturer specifications.
(i) Requirements for approval of BWMS are found in 46 CFR part 162.060.
(ii) Requests for approval of BWMS must be submitted to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, or by email to [email protected].
(4) Use only water from a U.S. public water system (PWS), as defined in 40 CFR 141.2 and that meets the requirements of 40 CFR parts 141 and 143, as ballast water. Vessels using water from a PWS as ballast must maintain a record of which PWS they received the water and a receipt, invoice, or other documentation from the PWS indicating that water came from that system. Furthermore, they must certify that they have met the conditions in paragraphs (a)(4)(i) or (ii) of this section, as applicable. Vessels using water from a PWS must use such water exclusively for all ballast water unless the usage is in accordance with § 151.1515 of this subpart. Vessels using PWS water as ballast must have either—
(i) Previously cleaned the ballast tanks (including removing all residual sediments) and not subsequently introduced ambient water; or
(ii) Never introduced ambient water to those tanks and supply lines.
(b) No master of a vessel subject to this subpart shall separately discharge sediment from tanks or holds containing ballast water unless it is disposed of ashore in accordance with local requirements.
(c) Nothing in this subpart authorizes the discharge of oil or noxious liquid substances (NLSs) in a manner prohibited by United States or international laws or regulations. Ballast water carried in any tank containing a residue of oil, NLSs, or any other pollutant must be discharged in accordance with the applicable regulations. Nothing in this subpart affects or supersedes any requirement or prohibitions pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(d) Unless otherwise expressly provided for in this subpart, the master, owner, operator, agent, or person in charge of vessels employing a Coast Guard-approved BWMS must meet the applicable ballast water discharge standard, found in § 151.1511 of this subpart, at all times of ballast water discharge into the waters of the United States.
§ 151.1511 Ballast water discharge standard (BWDS).
(a) Vessels employing a Coast Guard-approved ballast water management system (BWMS) must meet the following BWDS by the date in § 151.1512(b) of this subpart:
(1) For organisms greater than or equal to 50 micrometers in minimum dimension: discharge must include fewer than 10 living organisms per cubic meter of ballast water.
(2) For organisms less than 50 micrometers and greater than or equal to 10 micrometers: discharge must include fewer than 10 living organisms per milliliter (mL) of ballast water.
(3) Indicator microorganisms must not exceed:
(i) For Toxicogenic Vibrio cholerae (serotypes O1 and O139): a concentration of less than 1 colony forming unit (cfu) per 100 mL.
(ii) For Escherichia coli: a concentration of fewer than 250 cfu per 100 mL.
(iii) For intestinal enterococci: a concentration of fewer than 100 cfu per 100 mL.
(b) [Reserved]
(c) The Coast Guard will conduct a practicability review as follows:
(1) No later than January 1, 2016, the Coast Guard will publish the results of a practicability review to determine—
(i) Whether technology to comply with a performance standard more stringent than that required by paragraph (a) of this section can be practicably implemented, in whole or in part, and, if so, the Coast Guard will schedule a rulemaking to implement the more stringent standard; and
(ii) Whether testing protocols that can accurately measure efficacy of treatment against a performance standard more stringent than that required by paragraph (a) of this section can be practicably implemented.
(2) If the Coast Guard determines on the basis of a practicability review conducted under paragraph (c)(1) of this section that technology to achieve a significant improvement in ballast water treatment efficacy could be practicably implemented, the Coast Guard will report this finding and will, no later than January 1, 2017, initiate a rulemaking that would establish performance standards and other requirements or conditions to ensure to the maximum extent practicable that aquatic nuisance species are not discharged into waters of the United States from vessels. If the Coast Guard subsequently finds that it is not able to meet this schedule, the Coast Guard will publish a notice in the
(3) When conducting the practicability review as required by paragraph (c)(1) of this section, the Coast Guard will consider—
(i) The capability of any identified technology to achieve a more stringent ballast water discharge standard, in whole or in part;
(ii) The effectiveness of any identified technology in the shipboard environment;
(iii) The compatibility of any identified technology with vessel design and operation;
(iv) The safety of any identified technology;
(v) Whether the use of any identified technology may have an adverse impact on the environment;
(vi) The cost of any identified technology;
(vii) The economic impact of any identified technology, including the impact on shipping, small businesses, and other uses of the aquatic environment;
(viii) The availability, accuracy, precision, and cost of methods and technologies for measuring the concentrations of organisms, treatment chemicals, or other pertinent parameters in treated ballast water as would be required under any alternative discharge standards;
(ix) Any requirements for the management of ballast water included in the most current version of the U.S. Environmental Protection Agency’s Vessel General Permit and any documentation available from the EPA regarding the basis for these requirements; and
(x) Any other factor that the Coast Guard considers appropriate that is related to the determination of whether identified technology is performable, practicable, and/or may possibly prevent the introduction and spread of non-indigenous aquatic invasive species.
§ 151.1512 Implementation schedule for approved ballast water management methods.
(a) To discharge ballast water into the waters of the United States, the master, owner, operator, agent, or person in charge of a vessel subject to § 151.1510 of this subpart must either ensure that the ballast water meets the ballast water discharge standard as defined in § 151.1511(a), use an AMS as provided for under § 151.1510(a)(1) or ballast exclusively with water from a U.S. public water system, as described in § 151.1510(a)(4), according to the schedule in paragraph (b) of this section.
(b) Implementation Schedule for the Ballast Water Management Discharge Standard for vessels using a Coast Guard approved BWMS to manage ballast water discharged to waters of the United States. After the dates listed in Table 151.1512(b), vessels may use a USCG-approved BWMS and comply with the discharge standard, or employ an approved ballast water management method per § 151.1510(a)(1) and (4).
Table 151.1512(
| Vessel’s ballast water capacity | Date constructed | Vessel’s compliance date | |
|---|---|---|---|
| New vessels | All | On or after December 1, 2013 | On delivery. |
| Existing vessels | Less than 1500 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016. |
| 1500-5000 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2014. | |
| Greater than 5000 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016. |
§ 151.1513 Extension of compliance date.
The Coast Guard may grant an extension to the implementation schedule in § 151.1512(b) of this subpart only in those cases where the master, owner, operator, agent, or person in charge of a vessel subject to this subpart can document that, despite all efforts, compliance with the requirement under § 151.1510 is not possible. Any extension request must be made no later than 12 months before the scheduled implementation date listed in § 151.1512(b) of this subpart and submitted in writing by email to [email protected], or to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. Summary information concerning all extension decisions, including the name of the vessel and vessel owner, the term of the extension, and the basis for the extension will be promptly posted on the Internet. Extensions will be for no longer than the minimum time needed, as determined by the Coast Guard, for the vessel to comply with the requirements of § 151.1510.
§ 151.1514 Vessel safety.
Nothing in this subpart relieves the master of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.
§ 151.1515 Ballast water management alternatives under extraordinary conditions.
(a) As long as ballast water exchange (BWE) remains an option under the schedule in § 151.1512(b) of this subpart, the master of any vessel subject to this subpart who uses BWE to meet the requirements of this subpart and, due to weather, equipment failure, or other extraordinary conditions, is unable to effect a BWE before entering the Exclusive Economic Zone, and intends to discharge ballast water into the waters of the United States, must request permission from the Captain of the Port (COTP) to exchange the vessel’s ballast water within an area agreed to by the COTP at the time of the request and then discharge the vessel’s ballast water within that designated area.
(b) Once BWE is no longer an option under the schedule in § 151.1512(b) of this subpart, if the ballast water management system required by this subpart stops operating properly during a voyage or the vessel’s BWM method is unexpectedly unavailable, the master, owner, operator, agent, or person in charge of the vessel must ensure that the problem is reported to the COTP as soon as practicable. The vessel may continue to the next port of call, subject to the directions of the COTP or the Ninth District Commander, as provided by 33 CFR part 160.
§ 151.1516 Compliance monitoring.
(a) The master of each vessel equipped with ballast tanks must provide the following information, in written form, to the Captain of the Port (COTP):
(1) The vessel’s name, port of registry, and official number or call sign.
(2) The name of the vessel’s owner(s).
(3) Whether ballast water is being carried.
(4) The original location and salinity, if known, of ballast water taken on, before an exchange.
(5) The location, date, and time of any ballast water exchange.
(6) The salinity of any ballast water to be discharged into the territorial waters of the United States.
(7) The intended discharge port for ballast water and location for disposal of sediment carried upon entry into the territorial waters of the United States, if ballast water or sediment are to be discharged.
(8) The signature of the master attesting to the accuracy of the information provided and certifying compliance with the requirements of this subpart.
(b) The COTP may take samples of ballast water to assess the compliance with, and the effectiveness of, this subpart.
§ 151.1518 Penalties for failure to conduct ballast water management.
(a) A person who violates this subpart is liable for a civil penalty in an amount not to exceed $27,500. Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of the regulations is liable in rem for any civil penalty assessed under this subpart for that violation.
(b) A person who knowingly violates the regulations of this subpart is guilty of a class C felony.
Subpart D—Ballast Water Management for Control of Nonindigenous Species in Waters of the United States
§ 151.2000 Purpose and scope.
This subpart implements the provisions of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701-4751), as amended by the National Invasive Species Act of 1996.
§ 151.2005 Definitions.
(a) Unless otherwise stated in this section, the definitions in 33 CFR 151.1504, 33 CFR 160.202, and the United Nations Convention on the Law of the Sea apply to this subpart.
(b) As used in this subpart:
Captain of the Port (COTP) means the Coast Guard officer designated by the Commandant to command a COTP Zone as described in part 3 of this chapter.
Constructed in respect of a vessel means a stage of construction when—
(1) The keel of a vessel is laid;
(2) Construction identifiable with the specific vessel begins;
(3) Assembly of the vessel has commenced and comprises at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less; or
(4) The vessel undergoes a major conversion.
Exchange means to replace the water in a ballast tank using one of the following methods:
(1) Flow-through exchange means to flush out ballast water by pumping in mid-ocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water has been changed to minimize the number of original organisms remaining in the tank.
(2) Empty/refill exchange means to pump out the ballast water taken on in ports, estuarine, or territorial waters until the pump(s) lose suction, then refilling the ballast tank(s) with mid-ocean water.
National Ballast Information Clearinghouse (NBIC) means the National Ballast Information Clearinghouse operated by the Coast Guard and the Smithsonian Environmental Research Center as mandated under the National Invasive Species Act of 1996.
Port or place of departure means any port or place in which a vessel is anchored or moored.
Port or place of destination means any port or place to which a vessel is bound to anchor or moor.
Seagoing vessel means a vessel in commercial service that operates beyond the boundary line established by 46 CFR part 7. It does not include a vessel that navigates exclusively on inland waters.
Shipboard Technology Evaluation Program (STEP) means a Coast Guard research program intended to facilitate research, development, and shipboard testing of effective BWMS. STEP requirements are located at:http://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/office-oes/.
United States means the States, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty.
Voyage means any transit by a vessel destined for any United States port or place.
§ 151.2010 Applicability.
This subpart applies to all non-recreational vessels, U.S. and foreign, that are equipped with ballast tanks and operate in the waters of the United States, except as expressly provided in § 151.2015 or § 151.2020 of this subpart.
§ 151.2013 Severability.
If a court finds any portion of this subpart to have been promulgated without proper authority, the remainder of this subpart will remain in full effect.
§ 151.2015 Exemptions.
(a) The following vessels are exempt from all of the requirements of this subpart:
(1) Any Department of Defense or Coast Guard vessel subject to the requirements of section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act, as amended by the National Invasive Species Act; or any vessel of the Armed Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C. 1322(a)), that is subject to the “Uniform National Discharge Standards for Vessels of the Armed Forces” (33 U.S.C. 1322(n)).
(2) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state and used, for the time being, only on government non-commercial service. However, such vessels should act in a manner consistent, so far as is reasonable and practicable, with this subpart.
(b) Crude oil tankers engaged in coastwise trade are exempt from the requirements of §§ 151.2025 (ballast water management (BWM) requirements), 151.2060 (reporting), and 151.2070 (recordkeeping) of this subpart.
(c) Vessels that operate exclusively on voyages between ports or places within a single COTP Zone are exempt from the requirements of §§ 151.2025 (ballast water management (BWM) requirements), 151.2060 (reporting), and 151.2070 (recordkeeping) of this subpart.
(d) The following vessels are exempt only from the requirements of § 151.2025 (BWM requirements) of this subpart:
(1) Seagoing vessels that operate in more than a single COTP Zone, do not operate outside of the EEZ, and are less than or equal to 1,600 gross register tons or less than or equal to 3,000 gross tons (International Convention on Tonnage Measurement of Ships, 1969).
(2) Non-seagoing vessels.
(3) Vessels that operate in more than a single COTP Zone and take on and discharge ballast water exclusively in a single COTP Zone.
Table 1 to § 151.2015—Table of 33 CFR 151.2015 Specific Exemptions for Types of Vessels
| 151.2025 (Management) | 151.2060 (Reporting) | 151.2070 (Recordkeeping) | |
|---|---|---|---|
| Department of Defense or Coast Guard vessel subject to 46 U.S.C. 4713 | Exempt | Exempt | Exempt. |
| Vessel of the Armed Forces subject to the “Uniform National Discharge Standards for Vessels of the Armed Forces” (33 U.S.C. 1322(n)) | Exempt | Exempt | Exempt. |
| Crude oil tankers engaged in coastwise trade | Exempt | Exempt | Exempt. |
| Vessel operates exclusively on voyages between ports or places within a single COTP Zone | Exempt | Exempt | Exempt. |
| Seagoing vessel operates on voyages between ports or places in more than a single COTP Zone, does not operate outside of EEZ, and ≤1600 gross register tons or ≤3000 gross tons (ITC) | Exempt | Applicable | Applicable. |
| Non-seagoing vessel | Exempt | Applicable 1 | Applicable 1 |
| Vessel operates between ports or places in more than a single COTP Zone and takes on and discharges ballast water exclusively in a single COTP Zone | Exempt | Applicable | Applicable. |
1 Unless operating exclusively on voyages between ports or places within a single COTP Zone.
§ 151.2020 Vessels in innocent passage.
A foreign vessel that is merely traversing the territorial sea of the United States (unless bound for, entering or departing a U.S. port or navigating the internal waters of the U.S.) does not fall within the applicability of this subpart.
§ 151.2025 Ballast water management requirements.
(a) The master, owner, operator, agent, or person in charge of a vessel equipped with ballast tanks that operates in the waters of the United States must employ one of the following ballast water management methods:
(1) Install and operate a ballast water management system (BWMS) that has been approved by the Coast Guard under 46 CFR part 162. The BWMS must be installed in accordance with § 151.2035(b) of this subpart. Following installation, the master, owner, operator, agent, or person in charge of the vessel subject to this subpart must properly maintain the BWMS in accordance with all manufacturer specifications. Unless otherwise expressly provided for in this subpart, the master, owner, operator, agent, or person in charge of vessels employing a Coast Guard-approved BWMS must meet the applicable ballast water discharge standard (BWDS), found in § 151.2030 of this subpart, at all times of discharge into the waters of the United States.
(2) Use only water from a U.S. public water system (PWS), as defined in 40 CFR 141.2, that meets the requirements of 40 CFR parts 141 and 143 as ballast water. Vessels using water from a PWS as ballast must maintain a record of which PWS they received the water from as well as a receipt, invoice, or other documentation from the PWS indicating that water came from that system. Furthermore, they must certify that they have met the conditions in paragraphs (a)(2)(i) or (ii) of this section, as applicable, and describe in the BWM plan the procedures to be used to ensure compliance with those conditions, and thereafter document such compliance in the BW record book. Vessels using water from a PWS must use such water exclusively unless the usage is in accordance with § 151.2040 of this subpart. Vessels using PWS water as ballast must have either—
(i) Previously cleaned the ballast tanks (including removing all residual sediments) and not subsequently introduced ambient water; or
(ii) Never introduced ambient water to those tanks and supply lines.
(3) Perform complete ballast water exchange in an area 200 nautical miles from any shore prior to discharging ballast water, unless the vessel is required to employ an approved BWMS per the schedule found in § 151.2035(b) of this subpart. An alternate management system (AMS) that meets the requirements of § 151.2026 of this subpart may also be used, so long as it was installed on the vessel prior to the date that the vessel is required to comply with the BWDS in accordance with § 151.2035(b) of this subpart. If using an AMS, the master, owner, operator, agent, or person in charge of the vessel subject to this subpart may employ the AMS for no longer than 5 years from the date they would otherwise be required to comply with the BWDS in accordance with § 151.2035(b) of this subpart;
(4) Do not discharge ballast water into waters of the United States.
(5) Discharge to a facility onshore or to another vessel for purposes of treatment. Any vessel owner/operator discharging ballast water to a facility onshore or to another vessel must ensure that all vessel piping and supporting infrastructure up to the last manifold or valve immediately before the dock manifold connection of the receiving facility or similar appurtenance on a reception vessel prevents untreated ballast water from being discharged into waters of the United States.
(b) Requests for approval of BWMS must be submitted to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, or by email to [email protected], in accordance with 46 CFR part 162.
(c) A vessel engaged in the foreign export of Alaskan North Slope Crude Oil must comply with §§ 151.2060 and 151.2070 of this subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii). Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program of deep water ballast exchange unless doing so would endanger the safety of the vessel or crew.
(d) This subpart does not authorize the discharge of oil or noxious liquid substances (NLS) in a manner prohibited by United States or international laws or regulations. Ballast water carried in any tank containing a residue of oil, NLS, or any other pollutant must be discharged in accordance with applicable laws and regulations.
(e) This subpart does not affect or supersede any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 to 1376).
(f) This subpart does not affect or supersede any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).
(g) Vessels with installed BWMS for testing and evaluation by an Independent Laboratory in accordance with the requirements of 46 CFR 162.060-10 and 46 CFR 162.060-28 will be deemed to be in compliance with paragraph (a)(1) of this section.
§ 151.2026 Alternate management systems.
(a) A manufacturer whose ballast water management system (BWMS) has been approved by a foreign administration pursuant to the standards set forth in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, may request in writing, for the Coast Guard to make a determination that their BWMS is an alternate management system (AMS). Requests for determinations under this section must include:
(1) The type-approval certificate for the BWMS.
(2) Name, point of contact, address, and phone number of the authority overseeing the program;
(3) Final test results and findings, including the full analytical procedures and methods, results, interpretations of the results, and full description and documentation of the Quality Assurance procedures (i.e., sample chain of custody forms, calibration records, etc.);
(4) A description of any modifications made to the system after completion of the testing for which a determination is requested; and
(5) A type approval application as described under 46 CFR 162.060-12.
(i) Once ballast water management systems are type approved by the Coast Guard and available for a given class, type of vessels, or specific vessel, those vessels will no longer be able to install AMS in lieu of type approved systems.
(ii) [Reserved]
(b) Requests for determinations must be submitted in writing to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, or by email to [email protected]”..
(c) If using an AMS that was installed on the vessel prior to the date that the vessel is required to comply with the ballast water discharge standard in accordance with § 151.2035(b), the master, owner, operator, agent, or person in charge of the vessel subject to this subpart may employ such AMS for no longer than 5 years from the date they would otherwise be required to comply with the ballast water discharge standard in accordance with the implementation schedule in § 151.2035 (b) of this subpart. To ensure the safe and effective management and operation of the AMS equipment, the master, owner, operator, agent or person in charge of the vessel must ensure the AMS is maintained and operated in conformity with the system specifications.
(d) An AMS determination issued under this section may be suspended, withdrawn, or terminated in accordance with the procedures contained in 46 CFR 162.060-18.
§ 151.2030 Ballast water discharge standard (BWDS).
(a) Vessels employing a Coast Guard-approved ballast water management system (BWMS) must meet the following BWDS by the date listed in § 151.2035(b) of this subpart:
(1) For organisms greater than or equal to 50 micrometers in minimum dimension: Discharge must include fewer than 10 organisms per cubic meter of ballast water.
(2) For organisms less than 50 micrometers and greater than or equal to 10 micrometers: Discharge must include fewer than 10 organisms per milliliter (mL) of ballast water.
(3) Indicator microorganisms must not exceed:
(i) For toxicogenic Vibrio cholerae (serotypes O1 and O139): A concentration of less than 1 colony forming unit (cfu) per 100 mL.
(ii) For Escherichia coli: a concentration of fewer than 250 cfu per 100 mL.
(iii) For intestinal enterococci: A concentration of fewer than 100 cfu per 100 mL.
(b) [Reserved]
(c) The Coast Guard will conduct a practicability review as follows:
(1) No later than January 1, 2016, the Coast Guard will publish the results of a practicability review to determine—
(i) Whether technology to comply with a performance standard more stringent than that required by paragraph (a) of this section can be practicably implemented, in whole or in part, and, if so, the Coast Guard will schedule a rulemaking to implement the more stringent standard; and
(ii) Whether testing protocols that can assure accurate measurement of compliance with a performance standard more stringent than that required by paragraph (a) of this section can be practicably implemented.
(2) If the Coast Guard determines on the basis of a practicability review conducted under paragraph (c)(1) of this section that technology to achieve a significant improvement in ballast water treatment efficacy could be practicably implemented, the Coast Guard will report this finding and will, no later than January 1, 2017, initiate a rulemaking that would establish performance standards and other requirements or conditions to ensure to the maximum extent practicable that aquatic nuisance species are not discharged into waters of the United States from vessels. If the Coast Guard subsequently finds that it is not able to meet this schedule, the Coast Guard will publish a notice in the
(3) When conducting the practicability review as described in paragraph (c)(1) of this section, the Coast Guard will consider—
(i) The capability of any identified technology to achieve a more stringent BWDS, in whole or in part;
(ii) The effectiveness of any identified technology in the shipboard environment;
(iii) The compatibility of any identified technology with vessel design and operation;
(iv) The safety of any identified technology;
(v) Whether the use of any identified technology may have an adverse impact on the environment;
(vi) The cost of any identified technology;
(vii) The economic impact of any identified technology, including the impact on shipping, small businesses, and other uses of the aquatic environment;
(viii) The availability, accuracy, precision, and cost of methods and technologies for measuring the concentrations of organisms, treatment chemicals, or other pertinent parameters in treated ballast water as would be required under any alternative discharge standards;
(ix) Any requirements for the management of ballast water included in the most current version of the Environmental Protection Agency’s Vessel General Permit and any documentation available from the EPA regarding the basis for these requirements; and
(x) Any other factor that the Coast Guard considers appropriate that is related to the determination of whether identified technology is performable, practicable, and/or may possibly prevent the introduction and spread of non-indigenous aquatic invasive species.
§ 151.2035 Implementation schedule for approved ballast water management methods.
(a) To discharge ballast water into waters of the United States, the master, owner, operator, agent, or person in charge of a vessel subject to § 151.2025 of this subpart must either ensure that the ballast water meets the ballast water discharge standard as defined in § 151.2030(a), use an AMS as described in § 151.2025(a)(3) or ballast exclusively with water from a U.S. public water system, as described in § 151.2025(a)(2), according to the schedule in paragraph (b) of this section.
(b) Implementation Schedule for the Ballast Water Management Discharge Standard for vessels using a Coast Guard approved BWMS to manage ballast water discharged to waters of the U.S. After the dates listed in Table 151.2035(b), vessels may use a USCG-approved BWMS and comply with the discharge standard, use PWS per § 151.2025(a)(2), or use a previously installed AMS per § 151.2025(a)(3).
Table 151.2035(
| Vessel’s ballast water capacity | Date constructed | Vessel’s compliance date | |
|---|---|---|---|
| New vessels | All | On or after December 1, 2013 | On delivery. |
| Existing vessels | Less than 1500 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016. |
| 1500-5000 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2014. | |
| Greater than 5000 m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016. |
§ 151.2036 Extension of compliance date.
The Coast Guard may grant an extension to the implementation schedule listed in § 151.2035(b) of this subpart only in those cases where the master, owner, operator, agent, or person in charge of a vessel subject to this subpart can document that, despite all efforts, compliance with the requirement under § 151.2025 is not possible. Any extension request must be made no later than 12 months before the scheduled implementation date listed in § 151.2035(b) of this subpart and submitted in writing by email to [email protected], or to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. Summary information concerning all extension decisions, including the name of the vessel and vessel owner, the term of the extension, and the basis for the extension will be promptly posted on the Internet. Extensions will be for no longer than the minimum time needed, as determined by the Coast Guard, for the vessel to comply with the requirements of § 151.2030.
§ 151.2040 Discharge of ballast water in extraordinary circumstances.
(a) The Coast Guard will allow the master, owner, operator, agent, or person in charge of a vessel that cannot practicably meet the requirements of § 151.2025(a) of this subpart, either because its voyage does not take it into waters 200 nautical miles or greater from any shore for a sufficient length of time and the vessel retains ballast water onboard or because the master of the vessel has identified safety or stability concerns, to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge.
(1) The Coast Guard will not allow such a discharge if the vessel is required to have a Coast Guard-approved ballast water management system (BWMS) per the implementation schedule found in § 151.2035(b) of this subpart.
(2) If the Coast Guard allows the discharge of ballast water as described in paragraph (a) of this section, the master, owner, operator, agent, or person in charge of the vessel must discharge only that amount of ballast water operationally necessary to ensure the safety of the vessel for cargo operations.
(3) Ballast water records must be made available to the local Captain of the Port (COTP) upon request.
(4) Vessels on a voyage to the Great Lakes or the Hudson River north of the George Washington Bridge must comply with the requirements of 33 CFR 151.1515.
(b) If the installed BWMS required by this subpart stops operating properly during a voyage, or the vessel’s BWM method is unexpectedly unavailable, the person directing the movement of the vessel must ensure that the problem is reported to the nearest COTP or District Commander as soon as practicable. The vessel may continue to the next port of call, subject to the directions of the COTP or District Commander, as provided by part 160 of this chapter.
(1) The Coast Guard will normally allow a vessel that cannot practicably meet the requirements of § 151.2025(a)(1) of this subpart because its installed BWMS is inoperable, or the vessel’s BWM method is unexpectedly unavailable, to employ one of the other ballast water management (BWM) methods listed in § 151.2025(a) of this subpart.
(2) If the master of the vessel determines that the vessel cannot employ other BWM methods due to the voyage or safety concerns listed in paragraph (a) of this section, the Coast Guard will normally allow the vessel to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge.
(3) If the Coast Guard approves such an allowance, the vessel must discharge only that amount of ballast water operationally necessary to ensure the safety and stability of the vessel for cargo operations. Ballast water records must be made available to the local COTP upon request.
(c) Nothing in this subpart relieves the master, owner, operator, agent, or person in charge of a vessel of any responsibility, including ensuring the safety and stability of the vessel and the safety of the crew and passengers.
§ 151.2050 Additional requirements—nonindigenous species reduction practices.
The master, owner, operator, agent, or person in charge of any vessel equipped with ballast water tanks that operates in the waters of the United States must follow these practices:
(a) Avoid the discharge or uptake of ballast water in areas within, or that may directly affect, marine sanctuaries, marine preserves, marine parks, or coral reefs.
(b) Minimize or avoid uptake of ballast water in the following areas and situations:
(1) Areas known to have infestations or populations of harmful organisms and pathogens (e.g., toxic algal blooms).
(2) Areas near sewage outfalls.
(3) Areas near dredging operations.
(4) Areas where tidal flushing is known to be poor or times when a tidal stream is known to be turbid.
(5) In darkness, when bottom-dwelling organisms may rise up in the water column.
(6) Where propellers may stir up the sediment.
(7) Areas with pods of whales, convergence zones, and boundaries of major currents.
(c) Clean the ballast tanks regularly to remove sediments. Sediments must be disposed of in accordance with local, State, and Federal regulations.
(d) Discharge only the minimal amount of ballast water essential for vessel operations while in the waters of the United States.
(e) Rinse anchors and anchor chains when the anchor is retrieved to remove organisms and sediments at their places of origin.
(f) Remove fouling organisms from the vessel’s hull, piping, and tanks on a regular basis and dispose of any removed substances in accordance with local, State and Federal regulations.
(g) Maintain a ballast water management (BWM) plan that has been developed specifically for the vessel and that will allow those responsible for the plan’s implementation to understand and follow the vessel’s BWM strategy and comply with the requirements of this subpart. The plan must include—
(1) Detailed safety procedures;
(2) Actions for implementing the mandatory BWM requirements and practices;
(3) Detailed fouling maintenance and sediment removal procedures;
(4) Procedures for coordinating the shipboard BWM strategy with Coast Guard authorities;
(5) Identification of the designated officer(s) in charge of ensuring that the plan is properly implemented;
(6) Detailed reporting requirements and procedures for ports and places in the United States where the vessel may visit; and
(7) A translation of the plan into English, French, or Spanish if the vessel’s working language is another language.
(h) Train the master, operator, person in charge, and crew on the application of ballast water and sediment management and treatment procedures.
(i) When discharging ballast water to a reception facility in the United States, discharge only to reception facilities that have an NPDES permit to discharge ballast water.
§ 151.2055 Deviation from planned voyage.
As long as ballast water exchange (BWE) is an allowable ballast water management option under §§ 151.2025 and 151.2035 of this subpart, the Coast Guard will not require a vessel to deviate from its voyage or delay the voyage in order to conduct BWE. A vessel may be required to deviate from its voyage or delay the voyage if BWE is directed by a Captain of the Port pursuant to § 151.2040(b) of this subpart.
§ 151.2060 Reporting requirements.
(a) Ballast water reporting requirements exist for each vessel subject to this subpart bound for ports or places of the United States regardless of whether a vessel operated outside of the Exclusive Economic Zone (EEZ), unless exempted in § 151.2015 of this subpart.
(b) The master, owner, operator, agent, or person in charge of a vessel subject to this subpart and this section must submit a ballast water report to the National Ballast Information Clearinghouse (NBIC) by electronic ballast water report format using methods specified at NBIC’s Web site at http://invasions.si.edu/nbic/submit.html. The ballast water report will include the information listed in paragraph (c) of this section and must be submitted as follows:
(1) For any vessel bound for the Great Lakes from outside the EEZ. (i) Submit a ballast water report at least 24 hours before the vessel arrives in Montreal, Quebec.
(ii) Non-U.S. and non-Canadian flag vessels may complete the St. Lawrence Seaway Ballast Water Reporting Form and submit it in accordance with the applicable Seaway notice as an alternative to this requirement.
(2) For any vessel bound for the Hudson River north of the George Washington Bridge entering from outside the EEZ: Submit the ballast water report at least 24 hours before the vessel enters New York, NY.
(3) For any vessel that is equipped with ballast water tanks and bound for ports or places in the United States and not addressed in paragraphs (b)(1) and (2) of this section: Submit the ballast water report no later than 6 hours after arrival at the port or place of destination, or prior to departure from that port or place of destination, whichever is earlier.
(c) The ballast water report required by paragraph (b) of this section must include the following information:
(1) Vessel information. This includes the vessel’s name, International Maritime Organization (IMO) number or other vessel identification number if an IMO number is not issued, country of registry, owner or operator, type and tonnage.
(2) Voyage information. This includes the port and date of arrival, name and contact information of the person submitting the form, last port and country of call, and next port and country of call.
(3) Ballast water information. This includes the vessel’s total ballast water capacity, total number of ballast water tanks, total volume of ballast water onboard, total number of ballast water tanks in ballast, and the identification of ballast water management method used.
(4) Information on ballast water tanks that are to be discharged into the waters of the United States or to a reception facility. Include the following for each tank discharged:
(i) The numerical designation, type and capacity of the ballast tank.
(ii) The source of the ballast water. This includes date(s), location(s), and volume(s). If a tank has undergone ballast water exchange, provide the loading port of the ballast water that was discharged during the exchange.
(iii) The date(s), starting location(s), ending location(s), volume(s), and method(s) of ballast water management.
(iv) The date(s), location(s), and volume(s) of any ballast water discharged into the waters of the United States or to a reception facility.
(5) Certificate of accurate information. Include the name and title of the individual (i.e., master, owner, operator, agent, person in charge) attesting to the accuracy of the information provided and that the activities were in accordance with the ballast water management plan required by § 151.2050(g). If exceptional circumstances required deviation from the plan, the details surrounding the need for deviation and associated actions must be explained.
(d) If the information submitted in accordance with paragraph (c) of this section changes, the master, owner, operator, agent, or person in charge of the vessel must submit an amended report before the vessel departs the waters of the United States or not later than 24 hours after departure from the port or place, whichever is earlier.
§ 151.2065 Equivalent reporting methods for vessels other than those entering the Great Lakes or Hudson River after operating outside the U.S. Exclusive Economic Zone or Canadian equivalent.
For vessels required to report under § 151.2060(b)(3) of this subpart, the Chief, Environmental Standards Division (CG-OES-3), acting for the Assistant Commandant for Prevention Policy (CG-5P), may, upon receipt of a written request, consider and approve alternative methods of reporting if—
(a) Such methods are at least as effective as those required by § 151.2060 of this subpart; and
(b) Compliance with § 151.2060 of this subpart is economically or physically impractical. The Chief, Environmental Standards Division (CG-OES-3), will approve or disapprove a request submitted in accordance with this section within 30 days of receipt of the request.
§ 151.2070 Recordkeeping requirements.
(a) The master, owner, operator, agent, or person in charge of a vessel bound for a port or place in the United States, unless specifically exempted by § 151.2015 of this subpart, must ensure the maintenance of written or digital records that include the information required to be reported by § 151.2060 of this subpart and the sediment information in paragraph (a)(1) of this section.
(1) Discharge of sediment. If sediment was discharged within the jurisdiction of the United States, include the name and location of the facility where sediment disposal took place.
(2) Certification of accurate information. Include the master, owner, operator, agent, person in charge, or responsible officer’s printed name, title, and signature attesting to the accuracy of the information provided and that the activities were in accordance with the ballast water management plan required by § 151.2050(g). If exceptional circumstances required deviation from the plan, the details surrounding the need for deviation and associated actions must be explained. The signature requirement may be satisfied by affirming the certification portion of the electronic ballast water report.
(b) The master, owner, operator, agent, or person in charge of a vessel subject to this section must retain a signed copy of this information onboard the vessel for 2 years.
(c) The recordkeeping requirements in this section may be met by maintaining a copy of the reporting form completed pursuant to § 151.2060 of this subpart, in addition to maintaining a record of the sediment information in paragraph (a)(1) of this section. These records may be stored on digital media but must be readily viewable by the Coast Guard during an inspection.
(d) The master, owner, operator, agent, or person in charge of a vessel subject to this section must retain the monitoring records required in 46 CFR 162.060-20(b) for 2 years. These records may be stored on digital media but must be readily viewable by the Coast Guard during an inspection.
§ 151.2075 Enforcement and compliance.
(a) The master, owner, operator, agent, or person in charge of a vessel must provide the Captain of the Port (COTP) with access to the vessel in order to take samples of ballast water and sediment, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this subpart.
(b) The master, owner, operator, agent, or person in charge of a vessel subject to this section must provide the records to the COTP upon request, as required by § 151.2070 of this subpart.
(c) Vessels with installed ballast water management systems are subject to Coast Guard inspection. Every vessel must have a sampling port(s) designed and installed in accordance with 46 CFR 162.060-28(f) and (f)(2) at each overboard discharge point.
(d) In this subpart, wherever multiple entities are responsible for compliance with any requirement of the rule, each entity is jointly liable for a violation of such requirement.
§ 151.2080 Penalties.
(a) A person who violates this subpart is liable for a civil penalty not to exceed $35,000. Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of the regulations is liable in rem for any civil penalty assessed under this subpart for that violation.
(b) A person who knowingly violates the regulations of this subpart is guilty of a class C felony.
Subpart E—Definition of Marine Debris for the Purposes of the Marine Debris Research, Prevention, and Reduction Act
§ 151.3000 Definition of marine debris for the purposes of the Marine Debris Research, Prevention, and Reduction Act.
(a) Marine debris. For the purposes of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1951-1958 (2006)) only, marine debris is defined as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.
(b) NOAA and the Coast Guard have jointly promulgated the definition of marine debris in this part. NOAA’s regulation may be found in 15 CFR part 909.
PART 153—CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL
Subpart A—General
§ 153.101 Purpose.
The purpose of this part is to prescribe regulations concerning notification to the Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended (FWPCA); the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances under the FWPCA.
§ 153.103 Definitions.
As used in this part:
(a) Act means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
(b) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(c) Chemical agents means those elements, compounds, or mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or removal of the pollutant from the water. The term “chemical agents” as used in this part includes dispersants, surface collecting agents, biological additives, burning agents, and sinking agents as defined in Subpart H of the National Contingency Plan.
(d) Assistant Commandant for Marine Safety, Security and Environmental Protection means the Coast Guard Officer designated by the Commandant to assist and advise the Commandant on matters related to marine environmental response, port and environmental safety, and waterways management.
(e) Coastal waters means all U.S. waters subject to the tide, U.S. waters of the Great Lakes, specified ports and harbors on the inland rivers, waters of the contiguous zone, or other waters of the high seas subject to discharges in connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)). These waters include those contained within the Exclusive Economic Zone declared by Presidential Proclamation 5030 on March 10, 1983 (43 FR 10605).
Coastal waters are those waters where the Coast Guard has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters, and the identification of specified ports and harbors on inland rivers, are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
(f) Contiguous zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, as published in the June 1, 1972 issue of the
(g) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, but excludes (A) discharges in compliance with a permit under Section 402 of the Act, (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under Section 402 of the Act, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Act, which are caused by events occurring within the scope of relevant operating or treatment systems.
(h) Hazardous substance means any substance designated by the Administrator of the Environmental Protection Agency pursuant to section 311(b)(2) of the Act.
(i) Inland waters means all other waters of the U.S. not included in the definition of coastal waters.
Inland waters are those waters where the Environmental Protection Agency has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
(j) Mechanical removal means the use of pumps, skimmers, booms, earthmoving equipment, and other mechanical devices to contain the discharge of oil and to recover the discharge from the water or adjoining shorelines.
(k) Navigable waters means the waters of the United States as defined in paragraph 2.36(b) of this Chapter.
(l) Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.
(m) 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.
(n) On-Scene Coordinator or OSC is the Federal official predesignated by the Environmental Protection Agency (EPA) or Coast Guard to coordinate and direct Federal removal efforts at the scene of an oil or hazardous substance discharge as prescribed in the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan) as published in 40 CFR Part 300.
(o) 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.
(p) Person includes an individual, firm, corporation, association, and a partnership.
(q) Pollution Fund and Fund means the revolving fund established in the Treasury under the authority in section 311(k) of the Act to carry out the provisions of section 311 (c), (d), (i), and (l) of the Act.
(r) Public vessel means a vessel owned or bare-boat chartered and operated 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.
(s) Remove or Removal refers to removal of oil or hazardous substances from the waters and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
(t) Sorbent means materials essentially inert and insoluble used to remove oil from water through a variety of sorption mechanisms. Examples include straw, expanded perlite, polyurethane foam, reclaimed paper fibers, and peat moss.
(u) Such quantities as may be harmful means those quantities of oil and any hazardous substances determined in accordance with the provisions of section 311(b)(4) of the Act.
Regulations that relate to such quantities as may be harmful of oil are published in 40 CFR Part 110. Regulations that relate to such quantities as may be harmful (reportable quantities) of hazardous substances are published in 40 CFR Part 117 and also listed in 40 CFR Part 302.
(v) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
(w) 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.
§ 153.105 FWPCA delegations and redelegation.
The delegations and redelegations under the Federal Water Pollution Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in § 1.01-80 and § 1.01-85, respectively, of this chapter.
§ 153.107 [Reserved]
§ 153.109 CERCLA delegations.
The delegations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) are published in § 1.01-70 of this chapter.
Subpart B—Notice of the Discharge of Oil or a Hazardous Substance
§ 153.201 Purpose.
The purpose of this subpart is to prescribe the manner in which the notice required in section 311(b)(5) of the Act is to be given and to list the government officials to receive that notice.
§ 153.203 Procedure for the notice of discharge.
Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as they have knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of section 311(b)(3) of the Act, immediately notify the Commandant (CG-MER-3), Attn: Industry and Interagency Coordination Division, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516, toll free telephone number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-1322. If direct reporting to the NRC is not practicable, reports may be made to the Coast Guard or EPA predesignated OSC for the geographic area where the discharge occurs. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest Coast Guard unit, provided that the person in charge of the vessel or onshore or offshore facility notifies the NRC as soon as possible. A report made under this section satisfies the reporting requirements of § 151.15 of this chapter and of 46 CFR 4.05-1, if required under that provision.
Geographical jurisdiction of Coast Guard and EPA OSC’s are specified in the applicable Regional Contingency Plan. Regional Contingency Plans are available at Coast Guard District Offices and EPA Regional Offices as indicated in Table 2. Addresses and telephone numbers for these offices are listed in Table 1.
§ 153.205 Fines.
Section 311(b)(5) of the Act prescribes that any person who fails to notify the appropriate agency of the United States Government immediately of a discharge is, upon conviction, fined in accordance with Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.
Table 1—Addresses and Telephone Numbers of Coast Guard District Offices and EPA Regional Offices
| Address | Telephone | |
|---|---|---|
| Region: | ||
| 1 | 1 Congress St., Suite 1100, Boston, MA 02114-2023 | 617-918-1111 |
| 2 | 290 Broadway, New York, NY 10007-1866 | 212-637-3000 |
| 3 | 1650 Arch St., Philadelphia, PA 19103-2029 | 215-814-5000 |
| 4 | Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303-3104 | 404-562-9900 |
| 5 | 77 West Jackson Boulevard, Chicago, IL 60604-3507 | 312-353-2000 |
| 6 | Fountain Place 12th Floor, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733 | 214-665-2200 |
| 7 | 901 North 5th St., Kansas City, KS 66101 | 913-551-7003 |
| 8 | 999 18th St., Suite 500, Denver, CO 80202-2466 | 303-312-6312 |
| 9 | 75 Hawthorne St., San Francisco, CA 94105 | 415-744-1305 |
| 10 | 1200 Sixth Avenue, Seattle, WA 98101 | 206-553-1200 |
| District: | ||
| 1st | 408 Atlantic Avenue, Boston, MA 02210-3350 | 617-223-8480 |
| 5th | Federal Building, 431 Crawford St., Portsmouth, VA 23704-5004 | 757-398-6638 |
| 7th | 909 S.E. First Avenue, Miami, FL 33131-3050 | 305-536-5651 |
| 8th | Hale Boggs Federal Bldg., 500 Camp Street, New Orleans, LA 70130-3396 | 504-589-6901 |
| 9th | 1240 E. 9th St., Cleveland, OH 44199-2060 | 216-902-6045 |
| 11th | Coast Guard Island, Building 50-6, Alameda, CA 94501-5100 | 510-437-2940 |
| 13th | Jackson Federal Bldg., 915 Second Avenue, Seattle, WA 98174-1067 | 206-220-7090 |
| 14th | Prince PJKK Federal Bldg., Room 9212, 300 Ala Moana Blvd., Honolulu, HI 96850-4982 | 808-541-2114 |
| 17th | P.O. Box 25517, Juneau, AK 99802-5517 | 907-463-2199 |
Table 2—Standard Administrative Regions of States and Corresponding Coast Guard Districts and EPA Regions
| States and EPA region | Coast Guard district |
|---|---|
| Region I: | |
| Maine | 1st |
| New Hampshire | 1st |
| Vermont: | |
| All except Northwestern portion | 1st |
| Northwestern portion | 1st |
| Massachusetts | 1st |
| Connecticut | 1st |
| Rhode Island | 1st |
| Region II: | |
| New York: | |
| Coastal area and Eastern portion | 1st |
| Great Lakes area and other portions | 9th |
| New Jersey: | |
| Upper portion | 1st |
| Lower portion | 5th |
| Puerto Rico | 7th |
| Virgin Islands | 7th |
| Region III: | |
| Pennsylvania: | |
| Eastern portion | 5th |
| Great Lakes area | 9th |
| Southwestern portion | 8th |
| Maryland | 5th |
| Delaware | 5th |
| West Virginia | 8th |
| Virginia | 5th |
| District of Columbia | 5th |
| Region IV: | |
| Kentucky | 8th |
| Tennessee | 8th |
| North Carolina | 5th |
| South Carolina | 7th |
| Georgia | 7th |
| Florida: | |
| Atlantic and Gulf coasts | 7th |
| Panhandle area | 8th |
| Alabama | 8th |
| Mississippi | 8th |
| Region V: | |
| Minnesota: | |
| Great Lakes area | 9th |
| Inland rivers area | 8th |
| Wisconsin: | |
| Great Lakes area | 9th |
| Inland rivers area | 8th |
| Michigan | 9th |
| Illinois: | |
| Great Lakes area | 9th |
| Inland rivers area | 8th |
| Indiana: | |
| Great Lakes area | 9th |
| Inland rivers area | 8th |
| Ohio: | |
| Great Lakes area | 9th |
| Inland rivers area | 8th |
| Region VI: | |
| New Mexico | 8th |
| Texas | 8th |
| Oklahoma | 8th |
| Arkansas | 8th |
| Louisiana | 8th |
| Region VII: | |
| Nebraska | 8th |
| Iowa | 8th |
| Kansas | 8th |
| Missouri | 8th |
| Region VIII: | |
| Montana | 13th |
| Wyoming | 8th |
| Utah | 11th |
| Colorado | 8th |
| North Dakota | 8th |
| South Dakota | 8th |
| Region IX: | |
| California | 11th |
| Nevada | 11th |
| Arizona | 11th |
| Hawaii | 14th |
| Guam | 14th |
| American Samoa | 14th |
| Trust Territory of the Pacific Islands | 14th |
| Northern Mariana Islands | 14th |
| Region X: | |
| Washington | 13th |
| Oregon | 13th |
| Idaho | 13th |
| Alaska | 17th |
Subpart C—Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes
§ 153.301 Purpose.
The purpose of this subpart is to prescribe methods and procedures to be used to remove discharges of oil from coastal waters.
§ 153.303 Applicability.
The provisions of this subpart apply to any owner or operator of a vessel or onshore or offshore facility from which a discharge of oil into coastal waters occurs who acts to remove or arranges for the removal of such discharges.
§ 153.305 Methods and procedures for the removal of discharged oil.
Each person who removes or arranges for the removal of a discharge of oil from coastal waters shall:
(a) Use to the maximum extent possible mechanical methods and sorbents that:
(1) Most effectively expedite removal of the discharged oil; and
(2) Minimize secondary pollution from the removal operations;
The Federal OSC is authorized by the provisions of the National Contingency Plan to require or deny the use of specific mechanical methods and sorbents. Sorbent selection considerations of the OSC include hydrographic and meteorological conditions, characteristics of the sorbent, and availability of a mechanical method for containment and recovery.
(b) Control the source of discharge, prevent further discharges, and halt or slow the spread of the discharge by mechanical methods or sorbents or both to the maximum extent possible;
(c) Recover the discharged oil from the water or adjoining shorelines by mechanical or manual methods or both to the maximum extent possible;
(d) Use chemical agents only in accordance with the provisions of Subpart H of the National Contingency Plan and with the prior approval of the Federal OSC; and
(e) Dispose of recovered oil and oil contaminated materials in accordance with applicable State and local government procedures.
§ 153.307 Penalties.
Any person who fails or refuses to comply with the provisions of this part, or to comply with an order issued by the Federal On-Scene Coordinator under 33 U.S.C. § 1321(c) or (e)(1)(B), is liable for a civil penalty per day of violation or an amount equal to three times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.
PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
Subpart A—General
§ 154.100 Applicability.
(a) This part applies to each facility that is capable of transferring oil or hazardous materials, in bulk, to or from a vessel, where the vessel has a total capacity, from a combination of all bulk products carried, of 39.75 cubic meters (250 barrels) or more. This part does not apply to the facility when it is in a caretaker status. This part does not apply to any offshore facility operating under the jurisdiction of the Secretary of the Department of Interior.
(b) Upon written notice to the facility operator, the COTP may apply, as necessary for the safety of the facility, its personnel, or the public, all or portions of § 154.735 to each facility that is capable of transferring oil or hazardous material, in bulk, only to or from a vessel with a capacity of less than 250 barrels. If the facility is in caretaker status, the COTP may not apply the provisions of § 154.735 to the facility if its storage tanks and piping are gas free.
(c) Upon a determination by the COTP under § 154.1016 that an MTR facility, as defined in subpart F, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone, subpart F of this part is applicable to the facility.
(d) The following sections of this part apply to mobile facilities:
(1) Section 154.105 Definitions.
(2) Section 154.107 Alternatives.
(3) Section 154.108 Exemptions.
(4) Section 154.110 Letter of Intent.
(5) Section 154.120 Facility examinations.
(6) Section 154.300 Operations Manual: General.
(7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2), (a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16), (a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and (d).
(8) Section 154.320 Operations Manual: Amendment.
(9) Section 154.325 Operations Manual: Procedures for examination.
(10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c), (d)(1) through (3) and (e)(1) through (3).
(11) Section 154.520 Closure devices.
(12) Section 154.530 Small discharge containment. Paragraphs (a)(1) through (3) and (d).
(13) Section 154.545 Discharge containment equipment.
(14) Section 154.550 Emergency shutdown.
(15) Section 154.560 Communications.
(16) Section 154.570 Lighting. Paragraphs (c) and (d).
(17) Section 154.700 General.
(18) Section 154.710 Persons in charge: Designation and qualification. Paragraphs (a) through (c), (d)(1) through (3), (d)(7) and (e).
(19) Section 154.730 Persons in charge: Evidence of designation.
(20) Section 154.735 Safety requirements. Paragraphs (d), (f), (g), (j)(1) through (2), (k)(1) through (2), (m), (o) through (q), (r)(1) through (3), (s) and (v).
(21) Section 154.740 Records. Paragraphs (a) through (f) and (j).
(22) Section 154.750 Compliance with Operations Manual.
§ 154.105 Definitions.
As used in this part:
Barrel means a quantity of liquid equal to 42 U.S. gallons.
Boundary Line means any of the lines described in 46 CFR part 7.
Captain of the Port (COTP) means the U.S. Coast Guard officer commanding a Captain of the Port Zone described in part 3 of this chapter, or that person’s authorized representative.
Caretaker status denotes a facility where all piping, hoses, loading arms, storage tanks, and related equipment in the marine transfer area are completely free of oil or hazardous materials, where these components have been certified as being gas free, where piping, hoses, and loading arms terminating near any body of water have been blanked, and where the facility operator has notified the COTP that the facility will be in caretaker status.
Commandant means the Commandant of the Coast Guard or an authorized representative.
Contiguous Zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, but not extending beyond 12 miles from the baseline from which the breadth of the territorial sea is measured.
District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in part 3 of this chapter or an authorized representative.
Facility means either an onshore or offshore facility, except for an offshore facility operating under the jurisdiction of the Secretary of the Department of Interior, and includes, but is not limited to, structure, equipment, and appurtenances thereto, used or capable of being used to transfer oil or hazardous materials to or from a vessel or public vessel. Also included are facilities that tank clean or strip and any floating structure that is used to support an integral part of the facility’s operation. A facility includes federal, state, municipal, and private facilities.
Facility operator means the person who owns, operates, or is responsible for the operation of the facility.
Hazardous material means a liquid material or substance, other than oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or (e).
Marine transfer area means that part of a waterfront facility handling oil or hazardous materials in bulk between the vessel, or where the vessel moors, and the first manifold or shutoff valve on the pipeline encountered after the pipeline enters the secondary containment required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal manifold or loading arm, or, in the absence of secondary containment, to the valve or manifold adjacent to the bulk storage tank, including the entire pier or wharf to which a vessel transferring oil or hazardous materials is moored.
MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, November 2, 1973) as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, February 17, 1978).
Mobile facility means any facility that can readily change location, such as a tank truck or tank car, other than a vessel or public vessel.
Monitoring device means any fixed or portable sensing device used to monitor for a discharge of oil or hazardous material onto the water, within or around a facility, and designed to notify operating personnel of a discharge of oil or hazardous material.
Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast Guard officer commanding a Marine Inspection Zone described in part 3 of this chapter, or an authorized representative.
Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.
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.
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.
Person in charge means an individual designated as a person in charge of transfer operations under § 154.710 (for facilities) or § 155.700 (for vessels) of this chapter.
STCW means the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978.
Self-propelled tank vessel means a self-propelled tank vessel other than a tankship.
Tank barge means a non-self-propelled tank vessel.
Tankship means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.
Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
Transfer means any movement of oil or hazardous material to, from, or within a vessel by means of pumping, gravitation, or displacement. A transfer is considered to begin when the person in charge on the transferring vessel or facility and the person in charge on the receiving facility or vessel first meet to begin completing the declaration of inspection as required by § 156.150 of this chapter. A transfer is considered to be complete when all the connections for the transfer have been uncoupled and secured with blanks or other closure devices and both of the persons in charge have completed the declaration of inspection to include the date and time the transfer was complete.
Vessel operator means a person who owns, operates, or is responsible for the operation of a vessel.
§ 154.106 Incorporation by reference.
(a) Certain material is incorporated by reference (IBR) into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the
(b) American National Standards Institute (ANSI), 25 West 43rd Street, 4th floor, New York, NY 10036.
(1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988, IBR approved for §§ 154.500(d), 154.2100(b), 154.2101(d), 154.2202(d), and Appendix A, 7.3 to part 154.
(2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and 300, 1979, IBR approved for §§ 154.500(d) and 154.2100(b).
(3) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987 (including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda), IBR approved for §§ 154.510(a) and 154.2100(b).
(c) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005.
(1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks (Non-refrigerated and Refrigerated), Third Edition, January 1982 (reaffirmed December 1987)(“API 2000”), IBR approved for §§ 154.2103(j) and 154.2203(e), (k), and (l).
(2) API Recommended Practice 550, Manual on Installation of Refinery Instruments and Control Systems, Part II—Process Stream Analyzers, Section 1—Oxygen Analyzers, Fourth Edition, February 1985 (“API 550”), IBR approved for § 154.2107(f).
(d) American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016.
(1) ASME B16.34 – 2004, Valves—Flanged, Threaded, and Welding End, issued September 2, 2005, IBR approved for § 154.2100(b).
(2) [Reserved]
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(1) ASTM F631-93, Standard Guide for Collecting Skimmer Performance Data in Controlled Environments (“ASTM F631”), IBR approved for Appendix C, 6.3 to part 154.
(2) ASTM F715-95, Standard Test Methods for Coated Fabrics Used for Oil Spill Control and Storage (“ASTM F715”), IBR approved for Appendix C, 2.3.1 to part 154.
(3) ASTM F722-82 (Reapproved 2008), Standard Specification for Welded Joints for Shipboard Piping Systems (“ASTM F722”), approved November 1, 2008, IBR approved for Appendix A, 8.4, 8.6 to part 154.
(4) ASTM F1122-87 (Reapproved 1992), Standard Specification for Quick Disconnect Couplings (“ASTM F1122”), IBR approved for § 154.500(d).
(5) ASTM F1155-98, Standard Practice for Selection and Application of Piping System Materials (“ASTM F1155”), IBR approved for Appendix A, 7.1, 8.4 to part 154.
(6) ASTM F1273-91 (Reapproved 2007) Standard Specification for Tank Vent Flame Arresters (“ASTM F1273”), approved December 1, 2007, IBR approved for §§ 154.2001 and 154.2105(j).
(f) International Electrotechnical Commission (IEC), Bureau Central de la Commission Electrotechnique Internationale, 3, rue de Varembé, P.O. Box 131, CH—1211 Geneva 20, Switzerland.
(1) IEC 60309-1 Plugs, Socket-Outlets and Couplers for Industrial Purposes—Part 1: General Requirements, Edition 4.2 2012-06, IBR approved for § 154.2102(b).
(2) IEC 60309-2 Plugs, Socket-Outlets and Couplers for Industrial Purposes—Part 2: Dimensional Interchangeability Requirements for Pin and Contact-tube Accessories, Edition 4.2 2012-05, IBR approved for § 154.2102(b).
(g) National Electrical Manufacturers Association (NEMA), 1300 North 17th Street, Suite 1752, Rosslyn, VA 22209.
(1) ANSI NEMA WD-6—Wiring Devices, Dimensional Requirements, 1988 (“NEMA WD-6”), IBR approved for § 154.2102(a).
(2) [Reserved]
(h) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169-7471.
(1) NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding Processes, 1994, IBR approved for § 154.735(l).
(2) NFPA 70, National Electrical Code, 1987 (“NFPA 70 (1987)”), IBR approved for § 154.735(q).
(3) NFPA 70, National Electrical Code, 2011 (“NFPA 70 (2011)”), IBR approved for §§ 154.2100(c) and 154.2102(a).
(i) Oil Companies International Marine Forum (OCIMF), 29 Queen Anne’s Gate, London, SW1H 9BU, England.
(1) International Safety Guide for Oil Tankers and Terminals, Fifth Ed., 2006 (“ISGOTT”), IBR approved for §§ 154.735(s), 154.2101(g), and 154.2203(m).
(2) [Reserved]
(j) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road, Northbrook, IL 60062.
(1) UL 525 Standard for Flame Arresters, 8th Edition, May 9, 2008, IBR approved for §§ 154.2001 and 154.2105(j).
(2) [Reserved]
§ 154.107 Alternatives.
(a) The COTP may consider and approve alternative procedures, methods, or equipment standards to be used by a facility operator in lieu of any requirement in this part if:
(1) Compliance with the requirement is economically or physically impractical;
(2) The alternative provides an equivalent level of safety and protection from pollution by oil or hazardous material, which is documented in the request; and
(3) The facility operator submits a written request for the alternative.
(b) The COTP takes final approval or disapproval action on the request, submitted in accordance with paragraph (a) of this section, in writing within 30 days of receipt of the request.
§ 154.108 Exemptions.
(a) The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, grants an exemption or partial exemption from compliance with any requirement in this part if:
(1) A facility operator submits an application for the exemption via the COTP; and
(2) It is determined, from the application, that:
(i) Compliance with the requirement is economically or physically impractical;
(ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of safety and protection from pollution by oil or hazardous material; and
(iii) The likelihood of oil or hazardous material being discharged is not substantially increased as a result of the exemption.
(b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and reasons for the exemption, and proposed procedures, methods or equipment standards.
(c) The exemption may specify the procedures, methods, or equipment standards that will apply.
(d) An exemption is granted or denied in writing. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is a final agency action.
§ 154.110 Letter of intent.
(a) The facility operator of any facility to which this part applies must submit a letter of intent to operate a facility or to conduct mobile facility operations to the COTP not less than 60 days before the intended operations unless a shorter period is allowed by the COTP. Previously submitted letters of intent need not be resubmitted.
(b) The letter of intent required by paragraph (a) of this section may be in any form but must contain:
(1) The names, addresses, and telephone numbers of the facility operator and the facility owner;
(2) The name, address, and telephone number of the facility or, in the case of a mobile facility, the dispatching office; and
(3) Except for a mobile facility, the geographical location of the facility in relation to the associated body of navigable waters.
(c) The facility operator of any facility for which a letter of intent has been submitted, shall within five (5) days advise the COTP in writing of any changes of information and shall cancel, in writing, the letter for any facility at which transfer operations are no longer conducted.
§ 154.120 Facility examinations.
(a) The facility operator shall allow the Coast Guard, at any time, to make any examination and shall perform, upon request, any test to determine compliance with this part and part 156, as applicable. The facility operator shall conduct all required testing of facility equipment in a manner acceptable to the Coast Guard.
(b) The COTP shall provide the facility operator with a written report of the results of the examination for the record required by § 154.740(e) and shall list the deficiencies in the report when the facility is not in compliance with the requirements in this part and part 156 of this chapter.
Subpart B—Operations Manual
§ 154.300 Operations manual: General.
(a) The facility operator of each facility to which this part applies must submit to the COTP of the zone(s) in which the facility operates, with the letter of intent, an Operations Manual in printed or electronic format that:
(1) Describes how the applicant meets the operating rules and equipment requirements prescribed by this part and part 156 of this chapter;
(2) Describes the responsibilities of personnel under this part and part 156 of this chapter in conducting transfer operations; and
(3) Includes translations into a language or languages understood by all designated persons in charge of transfer operations employed by the facility.
(4) After September 10, 2021, includes a date, revision date, or other revision-specific identifying information.
(b) The facility operator must maintain the operations manual so that it is:
(1) Current; and
(2) Readily available for examination by the COTP.
(c) The COTP must examine the Operations Manual when submitted, after any substantial amendment, and as otherwise required by the COTP.
(d) In determining whether the manual meets the requirements of this part and part 156 of this chapter, the COTP will consider the products transferred, and the size, complexity, and capability of the facility.
(e) If the manual meets the requirements of this part and part 156 of this chapter, the COTP will provide notice to the facility stating the manual has been examined by the Coast Guard as described in § 154.325. The notice will include the date, revision date of the manual, or other revision-specific identifying information.
(f) The facility operator must ensure printed or electronic copies of the most recently examined Operations Manual, including any translations required by paragraph (a)(3) of this section, are readily available for each facility person in charge while conducting a transfer operation. Electronic devices used to display the manual must comply with applicable electrical safety standards in this part;
The facility operator may request that the contents of the operations manual or portions thereof be considered commercial or financial information that is privileged or confidential. Under the Freedom of Information Act, the Coast Guard would withhold any part of the contents of the operations manual from public disclosure upon determining that it is commercial or financial information that is privileged or confidential.
§ 154.310 Operations manual: Contents.
(a) Each operations manual required by § 154.300 must contain:
(1) The geographic location of the facility;
(2) A physical description of the facility including a plan and/or plans, maps, drawings, aerial photographs or diagrams, showing the boundaries of the facility subject to Coast Guard jurisdiction, mooring areas, transfer locations, control stations, wharfs, the extent and scope of the piping subject to the tests required by § 156.170(c)(4) of this chapter, and the locations of safety equipment. For mobile facilities, a physical description of the facility;
(3) The hours of operation of the facility;
(4) The sizes, types, and number of vessels that the facility can transfer oil or hazardous material to or from simultaneously;
(5) For each product transferred at the facility:
(i) Generic or chemical name; and
(ii) The following cargo information:
(a) The name of the cargo as listed under appendix II of annex II of MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 151.05-1, or Table 1 of 46 CFR part 153.
(b) A description of the appearance of the cargo;
(c) A description of the odor of the cargo;
(d) The hazards involved in handling the cargo;
(e) Instructions for safe handling of the cargo;
(f) The procedures to be followed if the cargo spills or leaks, or if a person is exposed to the cargo; and
(g) A list of fire fighting procedures and extinguishing agents effective with fires involving the cargo.
(6) The minimum number of persons on duty during transfer operations and their duties;
(7) The name and telephone number of the qualified individual identified under § 154.1026 of this part and the title and/or position and telephone number of the Coast Guard, State, local, and other personnel who may be called by the employees of the facility in an emergency;
(8) The duties of watchmen, required by § 155.810 of this chapter and 46 CFR 35.05-15, for unmanned vessels moored at the facility;
(9) A description of each communication system required by this part;
(10) The location and facilities of each personnel shelter, if any;
(11) A description and instructions for the use of drip and discharge collection and vessel slop reception facilities, if any;
(12) A description and the location of each emergency shutdown system;
(13) Quantity, types, locations, and instructions for use of monitoring devices if required by § 154.525;
(14) Quantity, type, location, instructions for use, and time limits for gaining access to the containment equipment required by § 154.545;
(15) Quantity, type, location, and instructions for use of fire extinguishing equipment required by § 154.735(d) of this part;
(16) The maximum allowable working pressure (MAWP) of each loading arm, transfer pipe system, and hose assembly required to be tested by § 156.170 of this chapter, including the maximum relief valve setting (or maximum system pressure when relief valves are not provided) for each transfer system;
(17) Procedures for:
(i) Operating each loading arm including the limitations of each loading arm;
(ii) Transferring oil or hazardous material;
(iii) Completion of pumping; and
(iv) Emergencies;
(18) Procedures for reporting and initial containment of oil or hazardous material discharges;
(19) A brief summary of applicable Federal, state, and local oil or hazardous material pollution laws and regulations;
(20) Procedures for shielding portable lighting authorized by the COTP under § 154.570(c); and
(21) A description of the training and qualification program for persons in charge.
(22) Statements explaining that each hazardous materials transfer hose is marked with either the name of each product which may be transferred through the hose or with letters, numbers, symbols, color codes or other system acceptable to the COTP representing all such products and the location in the Operations Manual where a chart or list of symbols utilized is located and a list of the compatible products which may be transferred through the hose can be found for consultation before each transfer; and
(23) For facilities that conduct tank cleaning or stripping operations, a description of their procedures.
(b)(1) The operations manual must contain a description of the facility’s vapor control system (VCS), if the facility—
(i) Collects vapor emitted from vessel cargo tanks for recovery, destruction, or dispersion; or
(ii) Balances or transfers vapor to or from vessel cargo tanks.
(2) The VCS description required by paragraph (b)(1) of this section must include a line diagram or simplified piping and instrumentation diagram (P&ID) of the facility’s VCS piping, including the location of each valve, control device, pressure-vacuum relief valve, pressure indicator, flame arrester, and detonation arrester;
(3) The VCS description required by paragraph (b)(1) of this section must describe the design and operation of its—
(i) Vapor line connection;
(ii) Startup and shutdown procedures;
(iii) Steady-state operating procedures;
(iv) Provisions for dealing with pyrophoric sulfide (for facilities which handle inerted vapors of cargoes containing sulfur);
(v) Alarms and shutdown devices; and
(vi) Pre-transfer equipment inspection requirements.
(4) The VCS description required by paragraph (b)(1) of this section must include all test procedures and a checklist for use during the testing of the VCS required by 33 CFR 156.170(g). The test procedures must specify—
(i) All tests required for initial certification under 33 CFR 154.2022(d);
(ii) All components that are to be tested; and
(iii) Procedures for testing each component.
(5) The VCS description required by paragraph (b)(1) of this section must include—
(i) A list of all cargoes the VCS is approved to control; and
(ii) Copies of any Coast Guard letters exempting the VCS from regulatory requirements.
(6) The VCS description required by paragraph (b)(1) of this section must include detailed operating instructions for a cargo line clearance system as described in 33 CFR 154.2104, if such a system is used by a facility;
(7) The VCS description required by paragraph (b)(1) of this section must include the following for a tank barge cleaning facility:
(i) A physical description of the facility and facility plan showing mooring areas, locations where cleaning operations are conducted, control stations, and locations of safety equipment;
(ii) The sizes, types, and number of tank barges from which the facility can conduct cleaning operations simultaneously; and
(iii) The minimum number of persons required to be on duty during cleaning operations and the duties of each.
(c) The facility operator shall incorporate a copy of each amendment to the operations manual under § 154.320 in each copy of the manual with the related existing requirement, or add the amendment at the end of each manual if not related to an existing requirement.
(d) The operations manual must be written in the order specified in paragraph (a) of this section, or contain a cross-referenced index page in that order.
§ 154.320 Operations manual: Amendment.
(a) Using the following procedures, the COTP may require the facility operator to amend the operations manual if the COTP finds that the operations manual does not meet the requirements in this subchapter:
(1) The COTP will notify the facility operator in writing of any inadequacies in the Operations Manual. The facility operator may submit information, views, and arguments regarding the inadequacies identified, and proposals for amending the Manual, in print or electronically, within 45 days from the date of the COTP notice. After considering all relevant material presented, the COTP will notify the facility operator of any amendment required or adopted, or the COTP will rescind the notice. The amendment becomes effective 60 days after the facility operator receives the notice, unless the facility operator petitions the Commandant to review the COTP’s notice, in which case its effective date is delayed pending a decision by the Commandant. Petitions to the Commandant must be submitted in writing via the COTP who issued the requirement to amend the Operations Manual.
(2) If the COTP finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge of oil or hazardous material that makes the procedure in paragraph (a)(1) of this section impractical or contrary to the public interest, the COTP may issue an amendment effective on the date the facility operator receives notice of it. In such a case, the COTP will include a brief statement of the reasons for the findings in the notice. The owner or operator may petition the Commandant to review the amendment, but the petition does not delay the amendment.
(b) The facility operator may propose amendments to the operations manual by:
(1) Submitting any proposed amendment and reasons for the amendment to the COTP in printed or electronic format not less than 30 days before the requested effective date of the proposed amendment; or
(2) If an immediate amendment is needed, requesting the COTP to examine the amendment immediately.
(c) The COTP will respond to proposed amendments submitted under paragraph (b) of this section by:
(1) Notifying the facility operator that the amendments have been examined by the Coast Guard; or
(2) Notifying the facility operator of any inadequacies in the operations manual or proposed amendments, with an explanation of why the manual or amendments do not meet the requirements of this subchapter.
(d) Amendments to personnel and telephone number lists required by § 154.310(a)(7) of this part do not require examination by the COTP, but the COTP must be advised of such amendments as they occur.
(e) Amendments may be submitted as page replacements or as an entire manual. When an entire manual is submitted, the facility operator must highlight or otherwise annotate the changes that were made since the last version examined by the Coast Guard. A revision date or other revision-specific identifying information must be included on the page replacements or amended manual.
§ 154.325 Operations manual: Procedures for examination.
(a) Not less than 60 days prior to the first transfer operation, the operator of a new facility must submit, with the letter of intent, an Operations Manual in printed or electronic format to the COTP of the zone(s) in which the facility is located.
(b) After a facility is removed from caretaker status, not less than 30 days prior to the first transfer operation, the operator of that facility must submit an Operations Manual in printed or electronic format to the COTP of the zone in which the facility is located, unless the manual has been previously examined and no changes have been made since the examination.
(c) If the COTP finds that the Operations Manual meets the requirements of this part and part 156 of this chapter, the COTP will provide notice to the facility stating the manual has been examined by the Coast Guard. The notice will include the date, revision date of the manual, or other revision-specific identifying information.
(d) If the COTP finds that the Operations Manual does not meet the requirements of this part or part 156 of this subchapter, the COTP will notify the facility with an explanation of why the manual does not meet the requirements of this subchapter.
(e) No person may use any Operations Manual for transfer operations as required by this chapter unless the Operations Manual has been examined by the COTP.
(f) The Operations Manual is voided if the facility operator—
(1) Amends the Operations Manual without following the procedures in § 154.320 of this part;
(2) Fails to amend the Operations Manual when required by the COTP; or
(3) Notifies the COTP in writing that the facility will be placed in caretaker status.
Subpart C—Equipment Requirements
§ 154.500 Hose assemblies.
Each hose assembly used for transferring oil or hazardous material must meet the following requirements:
(a) The minimum design burst pressure for each hose assembly must be at least four times the sum of the pressure of the relief valve setting (or four times the maximum pump pressure when no relief valve is installed) plus the static head pressure of the transfer system, at the point where the hose is installed.
(b) The maximum allowable working pressure (MAWP) for each hose assembly must be more than the sum of the pressure of the relief valve setting (or the maximum pump pressure when no relief valve is installed) plus the static head pressure of the transfer system, at the point where the hose is installed.
(c) Each nonmetallic hose must be usable for oil or hazardous material service.
(d) Each hose assembly must either have—
(1) Full threaded connections;
(2) Flanges that meet ANSI B16.5 or ANSI B16.24 (both incorporated by reference, see 33 CFR 154.106); or
(3) Quick-disconnect couplings that meet ASTM F1122 (incorporated by reference, see 33 CFR 154.106).
(e) Each hose must be marked with one of the following:
(1) The name of each product for which the hose may be used; or
(2) For oil products, the words “OIL SERVICE”; or
(3) For hazardous materials, the words “HAZMAT SERVICE—SEE LIST” followed immediately by a letter, number or other symbol that corresponds to a list or chart contained in the facility’s operations manual or the vessel’s transfer procedure documents which identifies the products that may be transferred through a hose bearing that symbol.
(f) Each hose also must be marked with the following, except that the information required by paragraphs (f)(2) and (3) of this section need not be marked on the hose if it is recorded in the hose records of the vessel or facility, and the hose is marked to identify it with that information:
(1) Maximum allowable working pressure;
(2) Date of manufacture; and
(3) Date of the latest test required by 33 CFR 156.170.
(g) The hose burst pressure and the pressure used for the test required by 33 CFR 156.170 must not be marked on the hose and must be recorded elsewhere at the facility as described in paragraph (f) of this section.
(h) Each hose used to transfer fuel to a vessel that has a fill pipe for which containment cannot practically be provided must be equipped with an automatic back pressure shutoff nozzle.
§ 154.510 Loading arms.
(a) Each mechanical loading arm used for transferring oil or hazardous material and placed into service after June 30, 1973, must meet the design, fabrication, material, inspection, and testing requirements in ANSI B31.3 (incorporated by reference; see § 154.106).
(b) The manufacturer’s certification that the standard in paragraph (a) of this section has been met must be permanently marked on the loading arm or recorded elsewhere at the facility with the loading arm marked to identify it with that information.
(c) Each mechanical loading arm used for transferring oil or hazardous material must have a means of being drained or closed before being disconnected after transfer operations are completed.
§ 154.520 Closure devices.
(a) Except as provided in paragraph (b) of this section, each facility to which this part applies must have enough butterfly valves, wafer-type resilient seated valves, blank flanges, or other means acceptable to the COTP to blank off the ends of each hose or loading arm that is not connected for the transfer of oil or hazardous material. Such hoses and/or loading arms must be blanked off during the transfer of oil or hazardous material. A suitable material in the joints and couplings shall be installed on each end of the hose assembly or loading arm not being used for transfer to ensure a leak-free seal.
(b) A new, unused hose, and a hose that has been cleaned and is gas free, is exempt from the requirements of paragraph (a) of this section.
§ 154.525 Monitoring devices.
The COTP may require the facility to install monitoring devices if the installation of monitoring devices at the facility would significantly limit the size of a discharge of oil or hazardous material and either:
(a) The environmental sensitivity of the area requires added protection;
(b) The products transferred at the facility pose a significant threat to the environment; or
(c) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material.
§ 154.530 Small discharge containment.
(a) Except as provided in paragraphs (c), (d), and (e) of this section, each facility to which this part applies must have fixed catchments, curbing, or other fixed means to contain oil or hazardous material discharged in at least—
(1) Each hose handling and loading arm area (that area on the facility that is within the area traversed by the free end of the hose or loading arm when moved from its normal stowed or idle position into a position for connection);
(2) Each hose connection manifold area; and
(3) Under each hose connection that will be coupled or uncoupled as part of the transfer operation during coupling, uncoupling, and transfer.
(b) The discharge containment means required by paragraph (a) of this section must have a capacity of at least:
(1) Two barrels if it serves one or more hoses of 6-inch inside diameter or smaller, or loading arms of 6-inch nominal pipe size diameter or smaller;
(2) Three barrels if it serves one or more hoses with an inside diameter of more than 6-inches, but less than 12 inches, or loading arms with a nominal pipe size diameter of more than 6 inches, but less than 12 inches; or
(3) Four barrels if it serves one or more hoses of 12-inch inside diameter or larger, or loading arms of 12-inch nominal pipe size diameter or larger.
(c) The facility may use portable means of not less than
(d) A mobile facility may have portable means of not less than five gallons capacity to meet the requirements of paragraph (a) of this section.
(e) Fixed or portable containment may be used to meet the requirements of paragraph (a)(3) of this section.
§ 154.540 Discharge removal.
Each facility to which this part applies must have a means to safely remove discharged oil or hazardous material, within one hour of completion of the transfer, from the containment required by § 154.530 of this part without discharging the oil or hazardous material into the water.
§ 154.545 Discharge containment equipment.
(a) Each facility must have ready access to enough containment material and equipment to contain any oil or hazardous material discharged on the water from operations at that facility.
(b) For the purpose of this section, “access” may be by direct ownership, joint ownership, cooperative venture, or contractual agreement.
(c) Each facility must establish time limits, subject to approval by the COTP, for deployment of the containment material and equipment required by paragraph (a) of this section considering:
(1) Oil or hazardous material handling rates;
(2) Oil or hazardous material capacity susceptible to being spilled;
(3) Frequency of facility operations;
(4) Tidal and current conditions;
(5) Facility age and configuration; and
(6) Past record of discharges.
(d) The COTP may require a facility to surround each vessel conducting an oil or hazardous material transfer operation with containment material before commencing a transfer operation if—
(1) The environmental sensitivity of the area requires the added protection;
(2) The products transferred at the facility pose a significant threat to the environment;
(3) The past record of discharges at the facility is poor; or
(4) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material; and
(5) The use of vessel containment provides the only practical means to reduce the extent of environmental damage.
(e) Equipment and procedures maintained to satisfy the provisions of this chapter may be utilized in the planning requirements of subpart F and subpart H of this part.
§ 154.550 Emergency shutdown.
(a) The facility must have an emergency means to enable the person in charge of the transfer on board the vessel, at that person’s usual operating station, to stop the flow of oil or hazardous material from the facility to the vessel. The means must be—
(1) An electrical, pneumatic, or mechanical linkage to the facility; or
(2) An electronic voice communications system continuously operated by a person on the facility who can stop the flow of oil or hazardous material immediately.
(b) The point in the transfer system at which the emergency means stops the flow of oil or hazardous material on the facility must be located near the dock manifold connection to minimize the loss of oil or hazardous material in the event of the rupture or failure of the hose, loading arm, or manifold valve.
(c) For oil transfers, the means used to stop the flow under paragraph (a) of this section must stop that flow within—
(1) 60 seconds on any facility or portion of a facility that first transferred oil on or before November 1, 1980; and
(2) 30 seconds on any facility that first transfers oil after November 1, 1980.
(d) For hazardous material transfers, the means used to stop the flow under paragraph (a) of this section must stop that flow within—
(1) 60 seconds on any facility or portion of a facility that first transferred hazardous material before October 4, 1990; and
(2) 30 seconds on any facility that first transfers hazardous material on or after October 4, 1990.
§ 154.560 Communications.
(a) Each facility must have a means that enables continuous two-way voice communication between the person in charge of the vessel transfer operation and the person in charge of the facility transfer operation.
(b) Each facility must have a means, which may be the communications system itself, that enables a person on board a vessel or on the facility to effectively indicate the desire to use the means of communication required by paragraph (a) of this section.
(c) The means required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all conditions of weather at the facility.
(d) A facility may use the system in § 154.550(a)(2) to meet the requirement of paragraph (a) of this section.
(e) Portable radio devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be marked as intrinsically safe by the manufacturer of the device and certified as intrinsically safe by a national testing laboratory or other certification organization approved by the Commandant as defined in 46 CFR 111.105-11. As an alternative to the marking requirement, facility operators may maintain documentation at the facility certifying that the portable radio devices in use at the facility are in compliance with this section.
§ 154.570 Lighting.
(a) Except as provided in paragraph (c) of this section, for operations between sunset and sunrise, a facility must have fixed lighting that adequately illuminates:
(1) Each transfer connection point on the facility;
(2) Each transfer connection point in use on any barge moored at the facility to or from which oil or hazardous material is being transferred;
(3) Each transfer operations work area on the facility; and
(4) Each transfer operation work area on any barge moored at the facility to or from which oil or hazardous material is being transferred.
(b) Where the illumination is apparently inadequate, the COTP may require verification by instrument of the levels of illumination. On a horizontal plane 3 feet above the barge deck or walking surface, illumination must measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c) For small or remote facilities, the COTP may authorize operations with an adequate level of illumination provided by the vessel or by portable means.
(d) Lighting must be located or shielded so as not to mislead or otherwise interfere with navigation on the adjacent waterways.
Subpart D—Facility Operations
§ 154.700 General.
No person may operate a facility unless the equipment, personnel, and operating procedures of that facility meet the requirements of this part.
§ 154.710 Persons in charge: Designation and qualification.
No person may serve, and the facility operator may not use the services of a person, as person in charge of facility transfer operations unless:
(a) The facility operator has designated that person as a person in charge;
(b) The person has had at least 48 hours of experience in transfer operations at a facility in operations to which this part applies. The person also has enough experience at the facility for which qualification is desired to enable the facility operator to determine that the person’s experience is adequate;
(c) The person has completed a training and qualification program established by the facility operator and described in the Operations Manual in accordance with § 154.310(a)(21), that provides the person with the knowledge and training necessary to properly operate the transfer equipment at the facility, perform the duties described in paragraph (d) of this section, follow the procedures required by this part, and fulfill the duties required of a person in charge during an emergency, except that the COTP may approve alternative experience and training requirements for new facilities; and
(d) The facility operator must certify that each person in charge has the knowledge of, and skills necessary to—
(1) The hazards of each product to be transferred;
(2) The rules in this part and in part 156 of this chapter;
(3) The facility operating procedures as described in the operations manual;
(4) Vessel transfer systems, in general;
(5) Vessel transfer control systems, in general;
(6) Each facility transfer control system to be used;
(7) Follow local discharge reporting procedures; and
(8) Carry out the facility’s response plan for discharge reporting and containment.
(e) Training conducted to comply with the hazard communication programs required by the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) or the Environmental Protection Agency (EPA) (40 CFR 311.1), or to meet the requirements of subpart F of this part may be used to satisfy the requirements in paragraphs (c) and (d) of this section, as long as the training addresses the requirements in paragraphs (c) and (d) of this section.
§ 154.730 Persons in charge: Evidence of designation.
Each person in charge shall carry evidence of his designation as a person in charge when he is engaged in transfer operations unless such evidence is immediately available at the facility.
§ 154.735 Safety requirements.
Each operator of a facility to which this part applies shall ensure that the following safety requirements are met at the facility:
(a) Access to the facility by firefighting personnel, fire trucks, or other emergency personnel is not impeded.
(b) Materials which are classified as hazardous under 49 CFR parts 170 through 179 are kept only in the quantities needed for the operation or maintenance of the facility and are stored in storage compartments.
(c) Gasoline or other fuel is not stored on a pier, wharf, or other similar structure.
(d) A sufficient number of fire extinguishers approved by an independent laboratory listed in 46 CFR 162.028-5 for fighting small, localized fires are in place throughout the facility and maintained in a ready condition.
(e) The location of each hydrant, standpipe, hose station, fire extinguisher, and fire alarm box is conspicuously marked and readily accessible.
(f) Each piece of protective equipment is ready to operate.
(g) Signs indicating that smoking is prohibited are posted in areas where smoking is not permitted.
(h) Trucks and other motor vehicles are operated or parked only in designated locations.
(i) All rubbish is kept in receptacles.
(j) All equipment with internal combustion engines used on the facility—
(1) Does not constitute a fire hazard; and
(2) Has a fire extinguisher attached that is approved by an independent laboratory listed in 46 CFR 162.028-5, unless such a fire extinguisher is readily accessible nearby on the facility.
(k) Spark arresters are provided on chimneys or appliances which—
(1) Use solid fuel; or
(2) Are located where sparks constitute a hazard to nearby combustible material.
(l) All welding or hot work conducted on or at the facility is the responsibility of the facility operator. The COTP may require that the operator of the facility notify the COTP before any welding or hot work operations are conducted. Any welding or hot work operations conducted on or at the facility must be conducted in accordance with NFPA 51B (incorporated by reference; see § 154.106). The facility operator shall ensure that the following additional conditions or criteria are met:
(1) Welding or hot work is prohibited during gas freeing operations, within 30.5 meters (100 feet) of bulk cargo operations involving flammable or combustible materials, within 30.5 meters (100 feet) of fueling operations, or within 30.5 meters (100 feet) of explosives or 15.25 meters (50 feet) of other hazardous materials.
(2) If the welding or hot work is on the boundary of a compartment (i.e., bulkhead, wall or deck) an additional fire watch shall be stationed in the adjoining compartment.
(3) Personnel on fire watch shall have no other duties except to watch for the presence of fire and to prevent the development of hazardous conditions.
(4) Flammable vapors, liquids or solids must first be completely removed from any container, pipe or transfer line subject to welding or hot work.
(5) Tanks used for storage of flammable or combustible substances must be tested and certified gas free prior to starting hot work.
(6) Proper safety precautions in relation to purging, inserting, or venting shall be followed for hot work on containers;
(7) All local laws and ordinances shall be observed;
(8) In case of fire or other hazard, all cutting, welding or other hot work equipment shall be completely secured.
(m) Heating equipment has sufficient clearance to prevent unsafe heating of nearby combustible material.
(n) Automotive equipment having an internal combustion engine is not refueled on a pier, wharf, or other similar structure.
(o) There are no open fires or open flame lamps.
(p) Electric wiring and equipment is maintained in a safe condition so as to prevent fires.
(q) Electrical wiring and electrical equipment installed after October 4, 1990, meet NFPA 70 (1987) (incorporated by reference, see 33 CFR 154.106).
(r) Electrical equipment, fittings, and devices installed after October 4, 1990, show approval for that use by—
(1) Underwriters Laboratories;
(2) Factory Mutual Research Corporation; or
(3) Canadian Standards Association.
(s) Tank-cleaning or gas-freeing operations conducted by the facility on vessels carrying oil residues or mixtures must be conducted in accordance with sections 11.3 and 11.4 of OCIMF ISGOTT (incorporated by reference, see 33 CFR 154.106), except that—
(1) Prohibitions in ISGOTT against the use of recirculated wash water do not apply if the wash water is first processed to remove product residues;
(2) The provisions in ISGOTT section 11.3.6.10 that removal of sludge, scale, and sediment do not apply if personnel use breathing apparatuses which protect them from the tank atmosphere; and
(3) Upon the request of the facility owner or operator in accordance with 33 CFR 154.107, the COTP may approve the use of alternate standards to ISGOTT if the COTP determines that the alternative standards provide an equal level of protection to the ISGOTT standards.
(t) Guards are stationed, or equivalent controls acceptable to the COTP are used to detect fires, report emergency conditions, and ensure that access to the marine transfer area is limited to—
(1) Personnel who work at the facility including persons assigned for transfer operations, vessel personnel, and delivery and service personnel in the course of their business;
(2) Coast Guard personnel;
(3) Other Federal, State, or local governmental officials; and
(4) Other persons authorized by the operator.
(u) Smoking shall be prohibited at the facility except that facility owners or operators may authorize smoking in designated areas if—
(1) Smoking areas are designated in accordance with local ordinances and regulations;
(2) Signs are conspicuously posted marking such authorized smoking areas; and
(3) “No Smoking” signs are conspicuously posted elsewhere on the facility.
(v) Warning signs shall be displayed on the facility at each shoreside entry to the dock or berth, without obstruction, at all times for fixed facilities and for mobile facilities during coupling, transfer operation, and uncoupling. The warning signs shall conform to 46 CFR 151.45-2(e)(1) or 46 CFR 153.955.
§ 154.740 Records.
Each facility operator shall maintain at the facility and make available for examination by the COTP:
(a) A copy of the letter of intent for the facility;
(b) The name of each person designated as a person in charge of transfer operations at the facility and certification that each person in charge has completed the training requirements of § 154.710 of this part;
(c) The date and result of the most recent test or examination of each item tested or examined under § 156.170 of this chapter;
(d) The hose information required by § 154.500 (e) and (g) except that marked on the hose;
(e) The record of all examinations of the facility by the COTP within the last 3 years;
(f) The Declaration of Inspection required by § 156.150(f) of this chapter;
(g) A record of all repairs made within the last three years involving any component of the facility’s vapor control system required by subpart P of this part;
(h) A record of all automatic shut downs of the facility’s vapor control system within the last 3 years; and
(i) Plans, calculations, and specifications of the facility’s vapor control system certified under 33 CFR 154.2020 through 154.2025.
(j) If they are not marked as such, documentation that the portable radio devices in use at the facility under § 154.560 of this part are intrinsically safe.
§ 154.750 Compliance with operations manual.
The facility operator shall require facility personnel to use the procedures in the operations manual prescribed by § 154.300 for operations under this part.
Subpart E [Reserved]
Subpart F—Response Plans for Oil Facilities
§ 154.1010 Purpose.
This subpart establishes oil spill response plan requirements for all marine transportation-related (MTR) facilities (hereafter also referred to as facilities) that could reasonably be expected to cause substantial harm or significant and substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone. The development of a response plan prepares the facility owner or operator to respond to an oil spill. These requirements specify criteria to be used during the planning process to determine the appropriate response resources. The specific criteria for response resources and their arrival times are not performance standards. The criteria are based on a set of assumptions that may not exist during an actual oil spill incident.
§ 154.1015 Applicability.
(a) This subpart applies to all MTR facilities that because of their location could reasonably be expected to cause at least substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone.
(b) The following MTR facilities that handle, store, or transport oil, in bulk, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines and are classified as substantial harm MTR facilities:
(1) Fixed MTR onshore facilities capable of transferring oil to or from a vessel with a capacity of 250 barrels or more and deepwater ports;
(2) Mobile MTR facilities used or intended to be used to transfer oil to or from a vessel with a capacity of 250 barrels or more; and
(3) Those MTR facilities specifically designated as substantial harm facilities by the COTP under § 154.1016.
(c) The following MTR facilities that handle, store, or transport oil in bulk could not only reasonably be expected to cause substantial harm, but also significant and substantial harm, to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone and are classified as significant and substantial harm MTR facilities:
(1) Deepwater ports, and fixed MTR onshore facilities capable of transferring oil to or from a vessel with a capacity of 250 barrels or more except for facilities that are part of a non-transportation-related fixed onshore facility with a storage capacity of less than 42,000 gallons; and
(2) Those MTR facilities specifically designated as significant and substantial harm facilities by the COTP under § 154.1016.
(d) An MTR facility owner or operator who believes the facility is improperly classified may request review and reclassification in accordance with § 154.1075.
§ 154.1016 Facility classification by COTP.
(a) The COTP may upgrade the classification of:
(1) An MTR facility not specified in § 154.1015 (b) or (c) to a facility that could reasonably be expected to cause substantial harm to the environment; or
(2) An MTR facility specified in § 154.1015(b) to a facility that could reasonably be expected to cause significant and substantial harm to the environment.
(b) The COTP may downgrade, the classification of:
(1) An MTR facility specified in § 154.1015(c) to a facility that could reasonably be expected to cause substantial harm to the environment; or
(2) An MTR facility specified in § 154.1015(b) to a facility that could not reasonably be expected to cause substantial, or significant and substantial harm to the environment.
(3) The COTP will consider downgrading an MTR facility’s classification only upon receiving a written request for a downgrade of classification from the facility’s owner or operator.
(c) When changing a facility classification the COTP may, as appropriate, consider all relevant factors including, but not limited to: Type and quantity of oils handled in bulk; facility spill history; age of facility; proximity to public and commercial water supply intakes; proximity to navigable waters based on the definition of navigable waters in 33 CFR 2.36; and proximity to fish and wildlife and sensitive environments.
§ 154.1017 Response plan submission requirements.
(a) The owner or operator of an MTR facility identified only in § 154.1015(b), or designated by the COTP as a substantial harm facility, shall prepare and submit to the cognizant COTP a response plan that meets the requirements of § 154.1030, § 154.1040, § 154.1045, or § 154.1047, as appropriate. This applies to:
(1) A mobile MTR facility used or intended to be used to transfer oil to or from a vessel with a capacity of 250 barrels or more; and
(2) A fixed MTR facility specifically designated as a substantial harm facility by the COTP under § 154.1016.
(b) The owner or operator of an MTR facility identified in § 154.1015(c) or designated by the COTP as a significant and substantial harm facility shall prepare and submit for review and approval of the cognizant COTP a response plan that meets the requirements of § 154.1030, § 154.1035, § 154.1045, or § 154.1047, as appropriate. This applies to:
(1) A fixed MTR facility capable of transferring oil, in bulk, to or from a vessel with a capacity of 250 barrels or more; and
(2) An MTR facility specifically designated as a significant and substantial harm facility by the COTP under § 154.1016.
(c) In addition to the requirements in paragraphs (a) and (b) of this section, the response plan for a mobile MTR facility must meet the requirements of § 154.1041 subpart F.
§ 154.1020 Definitions.
Except as otherwise defined in this section, the definition in 33 CFR 154.105 apply to this subpart and subparts H and I.
Adverse weather means the weather conditions that will be considered when identifying response systems and equipment in a response plan for the applicable operating environment. Factors to consider include, but are not limited to, significant wave height as specified in § 154.1045, § 154.1047, § 154.1225, or § 154.1325, as appropriate; ice conditions, temperatures, weather-related visibility, and currents within the COTP zone in which the systems or equipment are intended to function.
Animal fat means a non-petroleum oil, fat, or grease derived from animals, and not specifically identified elsewhere in this part.
Average most probable discharge means a discharge of the lesser of 50 barrels or 1 percent of the volume of the worst case discharge.
Captain of the Port (COTP) Zone means a zone specified in 33 CFR part 3 and, where applicable, the seaward extension of that zone to the outer boundary of the exclusive economic zone (EEZ).
Complex means a facility possessing a combination of marine-transportation related and non-transportation-related components that is subject to the jurisdiction of more than one Federal agency under section 311(j) of the Clean Water Act.
Dispersant-application platform means the vessel or aircraft outfitted with the dispersant-application equipment acting as the delivery system for the dispersant onto the oil spill.
Effective Daily Application Capacity or EDAC means the estimated amount of dispersant that can be applied to a discharge by an application system given the availability of supporting dispersant stockpiles, when operated in accordance with approved standards and within acceptable environmental conditions.
Estimated Dispersant System Potential Calculator (EDSP) means an internet-accessible application that estimates EDAC for different dispersant response systems. The NSFCC will use EDSP for evaluating OSRO dispersant classification levels.
Exclusive economic zone (EEZ) means the zone contiguous to the territorial sea of the United States extending to a distance up to 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.
Facility that could reasonably be expected to cause significant and substantial harm means any MTR facility (including piping and any structures that are used for the transfer of oil between a vessel and a facility) classified as a “significant and substantial harm” facility under § 154.1015(c) and § 154.1216.
Facility that could reasonably be expected to cause substantial harm means any MTR facility classified as a “substantial harm” facility under § 154.1015(b) and § 154.1216.
Fish and Wildlife and Sensitive Environment means areas that may be identified by either their legal designation or by Area Committees in the applicable Area Contingency Plan (ACP) (for planning) or by members of the Federal On-Scene Coordinator’s spill response structure (during responses). These areas may include: Wetlands, national and state parks, critical habitats for endangered or threatened species, wilderness and natural resource areas, marine sanctuaries and estuarine reserves, conservation areas, preserves, wildlife areas, wildlife refuges, wild and scenic rivers, areas of economic importance, recreational areas, national forests, Federal and state lands that are research areas, heritage program areas, land trust areas, and historical and archaeological sites and parks. These areas may also include unique habitats such as: aquaculture sites and agricultural surface water intakes, bird nesting areas, critical biological resource areas, designated migratory routes, and designated seasonal habitats.
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far as Saint Regis, and adjacent port areas.
Gulf Coast means, for the purposes of dispersant-application requirements, the region encompassing the following Captain of the Port Zones:
(1) Corpus Christi, TX.
(2) Houston/Galveston, TX.
(3) Port Arthur, TX.
(4) Morgan City, LA.
(5) New Orleans, LA.
(6) Mobile, AL.
(7) St. Petersburg, FL.
Higher volume port area means the following ports:
(1) Boston, MA.
(2) New York, NY.
(3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
(5) Pascagoula, MS.
(6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
(7) Louisiana Offshore Oil Port (LOOP), LA.
(8) Lake Charles, LA.
(9) Sabine-Neches River, TX.
(10) Galveston Bay and Houston Ship Channel, TX.
(11) Corpus Christi, TX.
(12) Los Angeles/Long Beach harbor, CA.
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun Bay to Antioch, CA.
(14) Straits of Juan De Fuca from Port Angeles, WA, to and including Puget Sound, WA.
(15) Prince William Sound, AK.
Inland area means the area shoreward of the boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, it means the area shoreward of the lines of demarcation (COLREG lines) defined in §§ 80.740 through 80.850 of this chapter. The inland area does not include the Great Lakes.
Marine transportation-related facility (MTR facility) means any onshore facility or segment of a complex regulated under section 311(j) of the Federal Water Pollution Control Act (FWPCA) by two or more Federal agencies, including piping and any structure used or intended to be used to transfer oil to or from a vessel, subject to regulation under this part and any deepwater port subject to regulation under part 150 of this chapter. For a facility or segment of a complex regulated by two or more Federal agencies under section 311(j) of the FWPCA, the MTR portion of the complex extends from the facility oil transfer system’s connection with the vessel to the first valve inside the secondary containment surrounding tanks in the non-transportation-related portion of the facility or, in the absence of secondary containment, to the valve or manifold adjacent to the tanks comprising the non-transportation-related portion of the facility, unless another location has otherwise been agreed to by the COTP and the appropriate Federal official.
Maximum extent practicable means the planned capability to respond to a worst case discharge in adverse weather, as contained in a response plan that meets the criteria in this subpart or in a specific plan approved by the cognizant COTP.
Maximum most probable discharge means a discharge of the lesser of 1,200 barrels or 10 percent of the volume of a worst case discharge.
Nearshore area means the area extending seaward 12 miles from the boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, it means the area extending seaward 12 miles from the line of demarcation (COLREG lines) defined in §§ 80.740-80.850 of this chapter.
Non-persistent or Group I oil means a petroleum-based oil that, at the time of shipment, consists of hydrocarbon fractions—
(1) At least 50 percent of which by volume, distill at a temperature of 340 degrees C (645 degrees F); and
(2) At least 95 percent of which by volume, distill at a temperature of 370 degrees C (700 degrees F).
Ocean means the offshore area and nearshore area as defined in this subpart.
Offshore area means the area beyond 12 nautical miles measured from the boundary lines defined in 46 CFR part 7 extending seaward to 50 nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it is the area beyond 12 nautical miles of the line of demarcation (COLREG lines) defined in §§ 80.740-80.850 of this chapter extending seaward to 50 nautical miles.
Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredge spoil.
Oil spill removal organization (OSRO) means an entity that provides response resources.
On-Scene Coordinator (OSC) means the definition in the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
Operating area means Rivers and Canals, Inland, Nearshore, Great Lakes, or Offshore geographic location(s) in which a facility is handling, storing, or transporting oil.
Operating environment means Rivers and Canals, Inland, Great Lakes, or Ocean. These terms are used to define the conditions in which response equipment is designed to function.
Operating in compliance with the plan means operating in compliance with the provisions of this subpart including, ensuring the availability of the response resources by contract or other approved means, and conducting the necessary training and drills.
Operational effectiveness monitoring means monitoring concerned primarily with determining whether the dispersant was properly applied and how the dispersant is affecting the oil.
Other non-petroleum oil means a non-petroleum oil of any kind that is not generally an animal fat or vegetable oil.
Persistent oil means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. For the purposes of this subpart, persistent oils are further classified based on specific gravity as follows:
(1) Group II—specific gravity of less than .85.
(2) Group III—specific gravity equal to or greater than .85 and less than .95.
(3) Group IV—specific gravity equal to or greater than .95 and less than or equal to 1.0.
(4) Group V—specific gravity greater than 1.0.
Pre-authorization for dispersant use means an agreement, adopted by a regional response team in coordination with area committees, which authorizes the use of dispersants at the discretion of the Federal On-Scene Coordinator without the further approval of other Federal or State authorities. These pre-authorization areas are generally limited to particular geographic areas within each region.
Primary dispersant staging site means a site designated within a Captain of the Port zone that has been identified as a forward staging area for dispersant application platforms and the loading of dispersant stockpiles. Primary staging sites are typically the planned locations where platforms load or reload dispersants before departing for application at the site of the discharge and may not be the locations where dispersant stockpiles are stored or application platforms are home-based.
Qualified individual and alternate qualified individual means a person located in the United States who meets the requirements of § 154.1026.
Response activities means the containment and removal of oil from the land, water, and shorelines, the temporary storage and disposal of recovered oil, or the taking of other actions as necessary to minimize or mitigate damage to the public health or welfare or the environment.
Response resources means the personnel, equipment, supplies, and other capability necessary to perform the response activities identified in a response plan.
Rivers and canals means a body of water confined within the inland area, including the Intracoastal Waterways and other waterways artificially created for navigation, that has a project depth of 12 feet or less.
Specific gravity means the ratio of the mass of a given volume of liquid at 15 °C (60 °F) to the mass of an equal volume of pure water at the same temperature.
Spill management team means the personnel identified to staff the organizational structure identified in a response plan to manage response plan implementation.
Substantial threat of a discharge means any incident or condition involving a facility that may create a risk of discharge of oil. Such incidents include, but are not limited to storage tank or piping failures, above ground or underground leaks, fires, explosions, flooding, spills contained within the facility, or other similar occurrences.
Tier means the combination of required response resources and the times within which the resources must arrive on scene.
Tiers are applied in three categories:
(1) Higher Volume Port Areas,
(2) Great Lakes, and
(3) All other operating environments, including rivers and canals, inland, nearshore, and offshore areas.
Appendix C, Table 4 of this part, provides specific guidance on calculating response resources. Sections 154.1045(f) and 154.1135, set forth the required times within which the response resources must arrive on-scene.
Vegetable oil means a non-petroleum oil or fat derived from plant seeds, nuts, kernels or fruits, and not specifically identified elsewhere in this part.
Worst case discharge means in the case of an onshore facility and deepwater port, the largest foreseeable discharge in adverse weather conditions meeting the requirements of § 154.1029.
(a) The owner or operator of an MTR facility who submitted a response plan prior to May 29, 1996, may elect to comply with any of the provisions of this final rule by revising the appropriate section of the previously submitted plan in accordance with § 154.1065. An owner or operator of an MTR facility who elects to comply with all sections of this final rule must resubmit the plan in accordance with § 154.1060 of this part.
(b) No facility subject to this subpart may handle, store, or transport oil unless it is operating in full compliance with a submitted response plan. No facility categorized under § 154.1015(c) as a significant and substantial harm facility may handle, store, or transport oil unless the submitted response plan has been approved by the COTP. The owner or operator of each new facility to which this subpart applies must submit a response plan meeting the requirements listed in § 154.1017 not less than 60 days prior to handling, storing, or transporting oil. Where applicable, the response plan shall be submitted along with the letter of intent required under § 154.110.
(c) Notwithstanding the requirements of paragraph (b) of this section, a facility categorized under § 154.1015(c) as a significant and substantial harm facility may continue to handle, store, or transport oil for 2 years after the date of submission of a response plan, pending approval of that plan. To continue to handle, store, or transport oil without a plan approved by the COTP, the facility owner or operator shall certify in writing to the COTP that the owner or operator has ensured, by contract or other approved means as described in § 154.1028(a), the availability of the necessary private personnel and equipment to respond, to the maximum extend practicable to a worst case discharge or substantial threat of such a discharge from the facility. Provided that the COTP is satisfied with the certification of response resources provided by the owner or operator of the facility, the COTP will provide written authorization for the facility to handle, store, or transport oil while the submitted response plan is being reviewed. Pending approval of the submitted response plan, deficiencies noted by the COTP must be corrected in accordance with § 154.1070.
(d) A facility may not continue to handle, store, or transport oil if—
(1) The COTP determines that the response resources identified in the facility certification statement or reference response plan do not substantially meet the requirements of this subpart;
(2) The contracts or agreements cited in the facility’s certification statement or referenced response plans are no longer valid;
(3) The facility is not operating in compliance with the submitted plan;
(4) The response plan has not been resubmitted or approved within the last 5 years; or
(5) The period of the authorization under paragraph (c) of this section has expired.
§ 154.1026 Qualified individual and alternate qualified individual.
(a) The response plan must identify a qualified individual and at least one alternate who meet the requirements of this section. The qualified individual or alternate must be available on a 24-hour basis and be able to arrive at the facility in a reasonable time.
(b) The qualified individual and alternate must:
(1) Be located in the United States;
(2) Speak fluent English;
(3) Be familiar with the implementation of the facility response plan; and
(4) Be trained in the responsibilities of the qualified individual under the response plan.
(c) The owner or operator shall provide each qualified individual and alternate qualified individual identified in the plan with a document designating them as a qualified individual and specifying their full authority to:
(1) Activate and engage in contracting with oil spill removal organization(s);
(2) Act as a liaison with the predesignated Federal On-Scene Coordinator (OSC); and
(3) Obligate funds required to carry out response activities.
(d) The owner or operator of a facility may designate an organization to fulfill the role of the qualified individual and the alternate qualified individual. The organization must then identify a qualified individual and at least one alternate qualified individual who meet the requirements of this section. The facility owner or operator is required to list in the response plan the organization, the person identified as the qualified individual, and the person or person(s) identified as the alternate qualified individual(s).
(e) The qualified individual is not responsible for—
(1) The adequacy of response plans prepared by the owner or operator; or
(2) Contracting or obligating funds for response resources beyond the authority contained in their designation from the owner or operator of the facility.
(f) The liability of a qualified individual is considered to be in accordance with the provisions of 33 USC 1321(c)(4).
§ 154.1028 Methods of ensuring the availability of response resources by contract or other approved means.
(a) When required in this subpart, the availability of response resources must be ensured by the following methods:
(1) A written contractual agreement with an oil spill removal organization. The agreement must identify and ensure the availability of specified personnel and equipment required under this subpart within stipulated response times in the specified geographic areas;
(2) Certification by the facility owner or operator that specified personnel and equipment required under this subpart are owned, operated, or under the direct control of the facility owner or operator, and are available within stipulated response times in the specified geographic areas;
(3) Active membership in a local or regional oil spill removal organization that has identified specified personnel and equipment required under this subpart that are available to respond to a discharge within stipulated response times in the specified geographic areas;
(4) A document which—
(i) Identifies the personnel, equipment, and services capable of being provided by the oil spill removal organization within stipulated response times in the specified geographic areas;
(ii) Sets out the parties’ acknowledgment that the oil spill removal organization intends to commit the resources in the event of a response;
(iii) Permits the Coast Guard to verify the availability of the identified response resources through tests, inspections, and drills; and
(iv) Is referenced in the response plan; or
(5) The identification of an oil spill removal organization with specified equipment and personnel available within stipulated response times in specified geographic areas. The organization must provide written consent to being identified in the plan.
(b) The contracts and documents required in paragraph (a) of this section must be retained at the facility and must be produced for review upon request by the COTP.
§ 154.1029 Worst case discharge.
(a) The response plan must use the appropriate criteria in this section to develop the worst case discharge.
(b) For the MTR segment of a facility, not less than—
(1) Where applicable, the loss of the entire capacity of all in-line and break out tank(s) needed for the continuous operation of the pipelines used for the purposes of handling or transporting oil, in bulk, to or from a vessel regardless of the presence of secondary containment; plus
(2) The discharge from all piping carrying oil between the marine transfer manifold and the non-transportation-related portion of the facility. The discharge from each pipe is calculated as follows: The maximum time to discover the release from the pipe in hours, plus the maximum time to shut down flow from the pipe in hours (based on historic discharge data or the best estimate in the absence of historic discharge data for the facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total line drainage volume expressed in barrels for the pipe between the marine manifold and the non-transportation-related portion of the facility; and
(c) For a mobile facility it means the loss of the entire contents of the container in which the oil is stored or transported.
§ 154.1030 General response plan contents.
(a) The plan must be written in English.
(b) A response plan must be divided into the sections listed in this paragraph and formatted in the order specified herein unless noted otherwise. It must also have some easily found marker identifying each section listed below. The following are the sections and subsections of a facility response plan:
(1) Introduction and plan contents.
(2) Emergency response action plan:
(i) Notification procedures.
(ii) Facility’s spill mitigation procedures.
(iii) Facility’s response activities.
(iv) Fish and wildlife and sensitive environments.
(v) Disposal plan.
(3) Training and Exercises:
(i) Training procedures.
(ii) Exercise procedures.
(4) Plan review and update procedures.
(5) Appendices.
(i) Facility-specific information.
(ii) List of contacts.
(iii) Equipment lists and records.
(iv) Communications plan.
(v) Site-specific safety and health plan.
(vi) List of acronyms and definitions.
(vii) A geographic-specific appendix for each zone in which a mobile facility operates.
(c) The required contents for each section and subsection of the plan are contained in §§ 154.1035, 154.1040, and 154.1041, as appropriate.
(d) The sections and subsections of response plans submitted to the COTP must contain at a minimum all the information required in §§ 154.1035, 154.1040, and 154.1041, as appropriate. It may contain other appropriate sections, subsections, or information that are required by other Federal, State, and local agencies.
(e) For initial and subsequent submission, a plan that does not follow the format specified in paragraph (b) of this section must be supplemented with a detailed cross-reference section to identify the location of the applicable sections required by this subpart.
(f) The information contained in a response plan must be consistent with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) covering the area in which the facility operates. Facility owners or operators shall ensure that their response plans are in accordance with the ACP in effect 6 months prior to initial plan submission or the annual plan review required under § 154.1065(a). Facility owners or operators are not required to, but may at their option, conform to an ACP which is less than 6 months old at the time of plan submission.
§ 154.1035 Specific requirements for facilities that could reasonably be expected to cause significant and substantial harm to the environment.
(a) Introduction and plan content. This section of the plan must include facility and plan information as follows:
(1) The facility’s name, street address, city, county, state, ZIP code, facility telephone number, and telefacsimile number, if so equipped. Include mailing address if different from street address.
(2) The facility’s location described in a manner that could aid both a reviewer and a responder in locating the specific facility covered by the plan, such as, river mile or location from a known landmark that would appear on a map or chart.
(3) The name, address, and procedures for contacting the facility’s owner or operator on a 24-hour basis.
(4) A table of contents.
(5) During the period that the submitted plan does not have to conform to the format contained in this subpart, a cross index, if appropriate.
(6) A record of change(s) to record information on plan updates.
(b) Emergency Response Action Plan. This section of the plan must be organized in the subsections described in this paragraph:
(1) Notification procedures. (i) This subsection must contain a prioritized list identifying the person(s), including name, telephone number, and their role in the plan, to be notified of a discharge or substantial threat of a discharge of oil. The telephone number need not be provided if it is listed separately in the list of contacts required in the plan. This Notification Procedures listing must include—
(A) Facility response personnel, the spill management team, oil spill removal organizations, and the qualified individual(s) and the designated alternate(s); and
(B) Federal, State, or local agencies, as required.
(ii) This subsection must include a form, such as that depicted in Figure 1, which contains information to be provided in the initial and follow-up notifications to Federal, State, and local agencies. The form shall include notification of the National Response Center as required in part 153 of this chapter. Copies of the form also must be placed at the location(s) from which notification may be made. The initial notification form must include space for the information contained in Figure 1. The form must contain a prominent statement that initial notification must not be delayed pending collection of all information.
Figure 1—Information on discharge *
[Involved Parties]
| (A) Reporting party | (B) Suspected responsible party |
|---|---|
| Name | Name |
| Phones () – | Phones () – |
| Company | Company |
| Position | Organization Type: |
| Address | Private citizen |
| Address | Private enterprise |
| Public utility | |
| Local government | |
| State government | |
| Federal government | |
| City | City |
| State | State |
| Zip | Zip |
* It is not necessary to wait for all information before calling NRC. National Response Center—1-800-424-8802 or direct telephone: 202-267-2675.
| Were materials Discharged (Y/N)? |
| Calling for Responsible Party (Y/N) |
| Source and/or Cause of Incident |
| Date – – Time: |
| Cause |
| Incident Address/Location Nearest City |
| Distance from City |
| Storage Tank Container Type—Above ground (Y/N) Below ground (Y/N) Unknown |
| Tank Capacity |
| Latitude Degrees |
| Longitude Degrees |
| Mile Post or River Mile |
| Discharge Unit of Quantity Measure Discharged Material Quantity in Water |
| Actions Taken to Correct or Mitigate Incident |
| Number of Injuries Number of Fatalities |
| Were there Evacuations (Y/N/U)? Number Evacuated |
| Was there any Damage (Y/N/U)? Damage in Dollars |
| Any information about the Incident not recorded elsewhere in the report |
| USCG EPA State Other |
(2) Facility’s spill mitigation procedures. (i) This subsection must describe the volume(s) and oil groups that would be involved in the—
(A) Average most probable discharge from the MTR facility;
(B) Maximum most probable discharge from the MTR facility;
(C) Worst case discharge from the MTR facility; and
(D) Where applicable, the worst case discharge from the non-transportation-related facility. This must be the same volume provided in the response plan for the non-transportation-related facility.
(ii) This subsection must contain prioritized procedures for facility personnel to mitigate or prevent any discharge or substantial threat of a discharge of oil resulting from operational activities associated with internal or external facility transfers including specific procedures to shut down affected operations. Facility personnel responsible for performing specified procedures to mitigate or prevent any discharge or potential discharge shall be identified by job title. A copy of these procedures shall be maintained at the facility operations center. These procedures must address actions to be taken by facility personnel in the event of a discharge, potential discharge, or emergency involving the following equipment and scenarios:
(A) Failure of manifold, mechanical loading arm, other transfer equipment, or hoses, as appropriate;
(B) Tank overfill;
(C) Tank failure;
(D) Piping rupture;
(E) Piping leak, both under pressure and not under pressure, if applicable;
(F) Explosion or fire; and
(G) Equipment failure (e.g. pumping system failure, relief valve failure, or other general equipment relevant to operational activities associated with internal or external facility transfers.)
(iii) This subsection must contain a listing of equipment and the responsibilities of facility personnel to mitigate an average most probable discharge.
(3) Facility’s response activities. (i) This subsection must contain a description of the facility personnel’s responsibilities to initiate a response and supervise response resources pending the arrival of the qualified individual.
(ii) This subsection must contain a description of the responsibilities and authority of the qualified individual and alternate as required in § 154.1026.
(iii) This subsection must describe the organizational structure that will be used to manage the response actions. This structure must include the following functional areas.
(A) Command and control;
(B) Public information;
(C) Safety;
(D) Liaison with government agencies;
(E) Spill Operations;
(F) Planning;
(G) Logistics support; and
(H) Finance.
(iv) This subsection of the plan must identify the oil spill removal organizations and the spill management team that will be capable of providing the following resources:
(A) Equipment and supplies to meet the requirements of §§ 154.1045, 154.1047, or subparts H or I of this part, as appropriate.
(B) Trained personnel necessary to continue operation of the equipment and staff the oil spill removal organization and spill management team for the first 7 days of the response.
(v) This section must include job descriptions for each spill management team member within the organizational structure described in paragraph (b)(3)(iii) of this section. These job descriptions must include the responsibilities and duties of each spill management team member in a response action.
(vi) For facilities that handle, store, or transport group II through group IV petroleum oils, and that operate in waters where dispersant use is pre-authorized, this subsection of the plan must also separately list the resource providers and specific resources, including appropriately trained dispersant-application personnel, necessary to provide the dispersant capabilities required in this subpart. All resource providers and resources must be available by contract or other approved means as described in § 154.1028(a). The dispersant resources to be listed within this section must include the following:
(A) Identification of each primary dispersant staging site to be used by each dispersant-application platform to meet the requirements of this subpart.
(B) Identification of the platform type, resource-providing organization, location, and dispersant payload for each dispersant-application platform identified. Location data must identify the distance between the platform’s home base and the identified primary dispersant staging site for this section.
(C) For each unit of dispersant stockpile required to support the effective daily application capacity (EDAC) of each dispersant-application platform necessary to sustain each intended response tier of operation, identify the dispersant product resource provider, location, and volume. Location data must include the stockpile’s distance to the primary staging sites where the stockpile would be loaded onto the corresponding platforms.
(D) If an oil spill removal organization has been evaluated by the Coast Guard, and its capability is equal to or exceeds the response capability needed by the owner or operator, the section may identify only the oil spill removal organization, and not the information required in paragraphs (b)(3)(vi)(A) through (b)(3)(vi)(C) of this section.
(vii) This subsection of the plan must also separately list the resource providers and specific resources necessary to provide aerial oil tracking capabilities required in this subpart. The oil tracking resources to be listed within this section must include the following:
(A) The identification of a resource provider; and
(B) Type and location of aerial surveillance aircraft that are ensured available, through contract or other approved means, to meet the oil tracking requirements of § 154.1045(j).
(viii) For mobile facilities that operate in more than one COTP zone, the plan must identify the oil spill removal organization and the spill management team in the applicable geographic-specific appendix. The oil spill removal organization(s) and the spill management team discussed in paragraph (b)(3)(iv) of this section must be included for each COTP zone in which the facility will handle, store, or transport oil in bulk.
(ix) For mobile facilities that operate in more than one COTP zone, the plan must identify the oil spill removal organization and the spill management team in the applicable geographic-specific appendix. The oil spill removal organization(s) and the spill management team discussed in paragraph (b)(3)(iv)(A) of this section must be included for each COTP zone in which the facility will handle, store, or transport oil in bulk.
(4) Fish and wildlife and sensitive environments. (i) This section of the plan must identify areas of economic importance and environmental sensitivity, as identified in the ACP, which are potentially impacted by a worst case discharge. ACPs are required under section 311(j)(4) of the FWPCA to identify fish and wildlife and sensitive environments. The applicable ACP shall be used to designate fish and wildlife and sensitive environments in the plan. Changes to the ACP regarding fish and wildlife and sensitive environments shall be included in the annual update of the response plan, when available.
(ii) For a worst case discharge from the facility, this section of the plan must—
(A) List all fish and wildlife and sensitive environments identified in the ACP which are potentially impacted by a discharge of persistent oils, non-persistent oils, or non-petroleum oils.
(B) Describe all the response actions that the facility anticipates taking to protect these fish and wildlife and sensitive environments.
(C) Contain a map or chart showing the location of those fish and wildlife and sensitive environments which are potentially impacted. The map or chart shall also depict each response action that the facility anticipates taking to protect these areas. A legend of activities must be included on the map page.
(iii) For a worst case discharge, this section must identify appropriate equipment and required personnel, available by contract or other approved means as described in § 154.1028, to protect fish and wildlife and sensitive environments which fall within the distances calculated using the methods outlined in this paragraph as follows:
(A) Identify the appropriate equipment and required personnel to protect all fish and wildlife and sensitive environments in the ACP for the distances, as calculated in paragraph (b)(4)(iii)(B) of this section, that the persistent oils, non-persistent oils, or non-petroleum oils are likely to travel in the noted geographic area(s) and number of days listed in table 2 of appendix C of this part;
(B) Calculate the distances required by paragraph (b)(4)(iii)(A) of this section by selecting one of the methods described in this paragraph;
(1) Distances may be calculated as follows:
(i) For persistent oils and non-petroleum oils discharged into non-tidal waters, the distance from the facility reached in 48 hours at maximum current.
(ii) For persistent and non-petroleum oils discharged into tidal waters, 15 miles from the facility down current during ebb tide and to the point of maximum tidal influence or 15 miles, whichever is less, during flood tide.
(iii) For non-persistent oils discharged into non-tidal waters, the distance from the facility reached in 24 hours at maximum current.
(iv) For non-persistent oils discharged into tidal waters, 5 miles from the facility down current during ebb tide and to the point of maximum tidal influence or 5 miles, whichever is less, during flood tide.
(2) A spill trajectory or model may be substituted for the distances calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill trajectory or model must be acceptable to the COTP.
(3) The procedures contained in the Environmental Protection’s Agency’s regulations on oil pollution prevention for non-transportation-related onshore facilities at 40 CFR part 112, appendix C, Attachment C-III may be substituted for the distances listed in non-tidal and tidal waters; and
(C) Based on historical information or a spill trajectory or model, the COTP may require the additional fish and wildlife and sensitive environments also be protected.
(5) Disposal Plan. This subsection must describe any actions to be taken or procedures to be used to ensure that all recovered oil and oil contaminated debris produced as a result of any discharge are disposed according to Federal, state, or local requirements.
(c) Training and exercises. This section must be divided into the following two subsections:
(1) Training procedures. This subsection must describe the training procedures and programs of the facility owner or operator to meet the requirements in § 154.1050.
(2) Exercise procedures. This subsection must describe the exercise program to be carried out by the facility owner or operator to meet the requirements in § 154.1055.
(d) Plan review and update procedures. This section must address the procedures to be followed by the facility owner or operator to meet the requirements of § 154.1065 and the procedures to be followed for any post-discharge review of the plan to evaluate and validate its effectiveness.
(e) Appendices. This section of the response plan must include the appendices described in this paragraph.
(1) Facility-specific information. This appendix must contain a description of the facility’s principal characteristics.
(i) There must be a physical description of the facility including a plan of the facility showing the mooring areas, transfer locations, control stations, locations of safety equipment, and the location and capacities of all piping and storage tanks.
(ii) The appendix must identify the sizes, types, and number of vessels that the facility can transfer oil to or from simultaneously.
(iii) The appendix must identify the first valve(s) on facility piping separating the transportation-related portion of the facility from the non-transportation-related portion of the facility, if any. For piping leading to a manifold located on a dock serving tank vessels, this valve is the first valve inside the secondary containment required by 40 CFR part 112.
(iv) The appendix must contain information on the oil(s) and hazardous material handled, stored, or transported at the facility in bulk. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this requirement. This information can be maintained separately providing it is readily available and the appendix identifies its location. This information must include—
(A) The generic or chemical name;
(B) A description of the appearance and odor;
(C) The physical and chemical characteristics;
(D) The hazards involved in handling the oil(s) and hazardous materials. This shall include hazards likely to be encountered if the oil(s) and hazardous materials come in contact as a result of a discharge; and
(E) A list of firefighting procedures and extinguishing agents effective with fires involving the oil(s) and hazardous materials.
(v) The appendix may contain any other information which the facility owner or operator determines to be pertinent to an oil spill response.
(2) List of contacts. This appendix must include information on 24-hour contact of key individuals and organizations. If more appropriate, this information may be specified in a geographic-specific appendix. The list must include—
(i) The primary and alternate qualified individual(s) for the facility;
(ii) The contact(s) identified under paragraph (b)(3)(iv) of this section for activation of the response resources; and
(iii) Appropriate Federal, State, and local officials.
(3) Equipment list and records. This appendix must include the information specified in this paragraph.
(i) The appendix must contain a list of equipment and facility personnel required to respond to an average most probable discharge, as defined in § 154.1020. The appendix must also list the location of the equipment.
(ii) The appendix must contain a detailed listing of all the major equipment identified in the plan as belonging to an oil spill removal organization(s) that is available, by contract or other approved means as described in § 154.1028(a), to respond to a maximum most probable or worst case discharge, as defined in § 154.1020. The detailed listing of all major equipment may be located in a separate document referenced by the plan. Either the appendix or the separate document referenced in the plan must provide the location of the major response equipment.
(iii) It is not necessary to list response equipment from oil spill removal organization(s) when the organization has been classified by the Coast Guard and their capacity has been determined to equal or exceed the response capability needed by the facility. For oil spill removal organization(s) classified by the Coast Guard, the classification must be noted in this section of the plan. When it is necessary for the appendix to contain a listing of response equipment, it shall include all of the following items that are identified in the response plan: Skimmers; booms; dispersant application, in-situ burning, bioremediation equipment and supplies, and other equipment used to apply other chemical agents on the NCP Product Schedule (if applicable); communications, firefighting, and beach cleaning equipment; boats and motors; disposal and storage equipment; and heavy equipment. The list must include for each piece of equipment—
(A) The type, make, model, and year of manufacture listed on the nameplate of the equipment;
(B) For oil recovery devices, the effective daily recovery rate, as determined using section 6 of appendix C of this part;
(C) For containment boom, the overall boom height (draft and freeboard) and type of end connectors;
(D) The spill scenario in which the equipment will be used for or which it is contracted;
(E) The total daily capacity for storage and disposal of recovered oil;
(F) For communication equipment, the type and amount of equipment intended for use during response activities. Where applicable, the primary and secondary radio frequencies must be specified.
(G) Location of the equipment; and
(H) The date of the last inspection by the oil spill removal organization(s).
(4) Communications plan. This appendix must describe the primary and alternate method of communication during discharges, including communications at the facility and at remote locations within the areas covered by the response plan. The appendix may refer to additional communications packages provided by the oil spill removal organization. This may reference another existing plan or document.
(5) Site-specific safety and health plan. This appendix must describe the safety and health plan to be implemented for any response location(s). It must provide as much detailed information as is practicable in advance of an actual discharge. This appendix may reference another existing plan requiring under 29 CFR 1910.120.
(6) List of acronyms and definitions. This appendix must list all acronyms used in the response plan including any terms or acronyms used by Federal, State, or local governments and any operational terms commonly used at the facility. This appendix must include all definitions that are critical to understanding the response plan.
§ 154.1040 Specific requirements for facilities that could reasonably be expected to cause substantial harm to the environment.
(a) The owner or operator of a facility that, under § 154.1015, could reasonably be expected to cause substantial harm to the environment, shall submit a response plan that meets the requirements of § 154.1035, except as modified by this section.
(b) The facility’s response activities section of the response plan need not list the facility or corporate organizational structure that will be used to manage the response, as required by § 154.1035(b)(3)(iii).
(c) The owner or operator of a facility must ensure the availability of response resources required to be identified in § 154.1035(b)(3)(iv) by contract or other approved means described in § 154.1028.
(d) A facility owner or operator must have at least 200 feet of containment boom and the means of deploying and anchoring the boom available at the spill site within 1 hour of the detection of a spill to respond to the average most probable discharge in lieu of the quantity of containment boom specified in § 154.1045(c)(1). Based on site-specific or facility-specific information, the COTP may specify that additional quantities of containment boom are available within one hour. In addition, there must be adequate sorbent material for initial response to an average most probable discharge. If the facility is a fixed facility, the containment boom and sorbent material must be located at the facility. If the facility is a mobile facility, the containment boom and sorbent must be available locally and be at the site of the discharge within 1 hour of its discovery.
§ 154.1041 Specific response information to be maintained on mobile MTR facilities.
(a) Each mobile MTR facility must carry the following information as contained in the response plan when performing transfer operations:
(1) A description of response activities for a discharge which may occur during transfer operations. This may be a narrative description or a list of procedures to be followed in the event of a discharge.
(2) Identity of response resources to respond to a discharge from the mobile MTR facility.
(3) List of the appropriate persons and agencies (including the telephone numbers) to be contacted in regard to a discharge and its handling, including the National Response Center.
(b) The owner or operator of the mobile facility must also retain the information in this paragraph at the principal place of business.
§ 154.1045 Response plan development and evaluation criteria for facilities that handle, store, or transport Group I through Group IV petroleum oils.
(a) The owner or operator of a facility that handles, stores, or transports Group I through Group IV petroleum oils shall use the criteria in this section to evaluate response resources identified in the response plan for the specified operating environment.
(1) The criteria in Table 1 of appendix C of this part are to be used solely for identification of appropriate equipment in a response plan. These criteria reflect conditions used for planning purposes to select mechanical response equipment and are not conditions that would limit response actions or affect normal facility operations.
(2) The response resources must be evaluated considering limitations for the COTP zones in which the facility operates, including but not limited to—
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges;
(iv) Weather-related visibility; and
(v) Other appropriate environmental conditions as determined by the COTP.
(3) The COTP may reclassify a specific body of water or location within the COTP zone. Any reclassifications will be identified by the COTP in the applicable ACP. Reclassifications may be to—
(i) A more stringent operating environment if the prevailing wave conditions exceed the significant wave height criteria during more than 35 percent of the year; or
(ii) A less stringent operating environment if the prevailing wave conditions do not exceed the significant wave height criteria for the less stringent operating environment during more than 35 percent of the year.
(b) Response equipment must—
(1) Meet or exceed the operating criteria listed in Table 1 of appendix C of this part;
(2) Function in the applicable operating environment; and
(3) Be appropriate for the petroleum oil carried.
(c) The response plan for a facility that handles, stores, or transports Group I through Group IV petroleum oils must identify response resources that are available, by contract or other approved means as described in § 154.1028(a)(1)(4), to respond to the facility’s average most probable discharge. The response resources must include, at a minimum—
(1) 1,000 feet of containment boom or two times the length of the largest vessel that regularly conducts petroleum oil transfers to or from the facility, whichever is greater, and the means of deploying and anchoring the boom available at the spill site within 1 hour of the detection of a spill; and
(2) Oil recovery devices and recovered oil storage capacity capable of being at the spill site within 2 hours of the discovery of a petroleum oil discharge from a facility.
(d) The response plan for a facility that handles, stores, or transports Group I through Group IV petroleum oils must identify response resources that are available, by contract or other approved means as described in § 154.1028(a)(1)(4), to respond to a discharge up to the facility’s maximum most probable discharge volume.
(1) The response resources must include sufficient containment boom, oil recovery devices, and storage capacity for any recovery of up to the maximum most probable discharge planning volume, as contained in appendix C.
(2) The response resources must be appropriate for each group of petroleum oil identified in § 154.1020 that is handled, stored, or transported by the facility.
(3) These response resources must be positioned such that they can arrive at the scene of a discharge within the following specified times:
(i) The equipment identified in paragraphs (c)(1) and (c)(2) of this section or in § 154.1040(d) must arrive within the times specified in those paragraphs or that section, as appropriate.
(ii) In higher volume port areas and the Great Lakes, response resources must be capable of arriving on scene within 6 hours of the discovery of a petroleum oil discharge from a facility.
(iii) In all other locations, response resources must be capable of arriving on scene within 12 hours of the discovery of a petroleum oil discharge from a facility.
(4) The COTP may determine that mobilizing response resources to an area beyond the response times indicated in this paragraph invalidates the response plan. In this event, the COTP may impose additional operational restrictions (e.g., limitations on the number of transfers at a facility), or, at the COTP’s discretion, the facility may operate with temporarily modified response plan development and evaluation criteria (e.g., modified response times, alternate response resources, etc.).
(e) The response plan for a facility that handles, stores, or transports Group I through Group IV petroleum oils must identify the response resources that are available, by contract or other approved means as described in § 154.1028(a)(1)(4), to respond to the worst case discharge volume of petroleum oil to the maximum extent practicable.
(1) The location of these response resources must be suitable to meet the response times identified in paragraph (f) of this section for the applicable geographic area(s) of operation and response tier.
(2) The response resources must be appropriate for—
(i) The volume of the facility’s worst case discharge;
(ii) Group(s) of petroleum oil as identified in § 154.1020 that are handled, stored, or transported by the facility; and
(iii) The geographic area(s) in which the facility operates.
(3) The response resources must include sufficient boom, oil recovery devices, and storage capacity to recover the worst case discharge planning volumes.
(4) The guidelines in appendix C of this part must be used for calculating the quantity of response resources required to respond at each tier to the worst case discharge to the maximum extent practicable.
(5) When determining response resources necessary to meet the requirements of this section, a portion of those resources must be capable of use in close-to-shore response activities in shallow water. The following percentages of the response equipment identified for the applicable geographic area must be capable of operating in waters of 6 feet or less depth.
(i) Offshore—10 percent.
(ii) Nearshore/inland/Great Lakes/rivers and canals—20 percent.
(6) The COTP may determine that mobilizing response resources to an area beyond the response times indicated in this paragraph invalidates the response plan. In this event, the COTP may impose additional operational restrictions (e.g., limitations on the number of transfers at a facility), or, at the COTP’s discretion, the facility may be permitted to operate with temporarily modified response plan development and evaluation criteria (e.g., modified response times, alternate response resources, etc.).
(f) Response equipment identified in a response plan for a facility that handles, stores, or transports Group I through Group IV petroleum oils must be capable of arriving on scene within the times specified in this paragraph for the applicable response tier in a higher volume port area, Great Lakes, and in other areas. Response times for these tiers from the time of discovery of a discharge are—
| Tier 1 (hrs.) | Tier 2 (hrs.) | Tier 3 (hrs.) | |
|---|---|---|---|
| Higher volume port area (except for a TAPAA facility located in Prince William Sound, see § 154.1135) | 6 | 30 | 54 |
| Great Lakes | 12 | 36 | 60 |
| All other river and canal, inland, nearshore, and offshore areas | 12 | 36 | 60 |
(g) For the purposes of arranging for response resources for a facility that handles, stores, or transports Group I through Group IV petroleum oils, by contract or other approved means as described in § 154.1028(a)(1)-(4), response equipment identified for Tier 1 plan credit must be capable of being mobilized and en route to the scene of a discharge within 2 hours of notification. The notification procedures identified in the plan must provide for notification and authorization of mobilization of identified Tier 1 response resources—
(1) Either directly or through the qualified individual; and
(2) Within 30 minutes of a discovery of a discharge or substantial threat of discharge.
(h) Response resources identified for Tier 2 and Tier 3 plan credit must be capable of arriving on scene within the time specified for the applicable tier.
(i) The owner or operator of a facility that handles, stores, or transports groups II through IV petroleum oils within the inland, nearshore, or offshore areas where pre-authorization for dispersant use exists must identify in their response plan, and ensure the availability of, through contract or other approved means, response resources capable of conducting dispersant operations within those areas.
(1) Dispersant response resources must be capable of commencing dispersant-application operations at the site of a discharge within 7 hours of the decision by the Federal On-Scene Coordinator to use dispersants.
(2) Dispersant response resources must include all of the following:
(i) Sufficient volumes of dispersants for application as required by paragraph (i)(3) of this section. Any dispersants identified in a response plan must be of a type listed on the National Oil and Hazardous Substances Pollution Contingency Plan Product Schedule (which is contained in 40 CFR part 300, and available online from the U.S. Government Printing Office).
(ii) Dispersant-application platforms capable of delivering and applying the dispersant on a discharge in the amounts as required by paragraph (i)(3) of this section. At least 50 percent of each EDAC tier requirement must be achieved through the use of fixed-wing, aircraft-based application platforms. For dispersant-application platforms not detailed within the EDSP, adequacy of performance criteria must be documented by presentation of independent evaluation materials (e.g., field tests and reports of actual use) that record the performance of the platform.
(iii) Dispersant-application systems that are consistent in design with, and are capable of applying dispersants within, the performance criteria in ASTM F1413-07 (incorporated by reference, see § 154.106). For dispersant-application systems not fully covered by ASTM F1413-07, such as fire monitor-type applicators, adequacy of performance criteria must be documented by presentation of independent evaluation materials (e.g., laboratory tests, field tests, and reports of actual use) that record the design of performance specifications.
(iv) Dispersant-application personnel trained in and capable of applying dispersants according to the recommended procedures contained within ASTM F1737-07 (incorporated by reference, see § 154.106).
(3) Dispersant stockpiles, application platforms, and other supporting resources must be available in a quantity and type sufficient to treat a facility’s worst-case discharge (as determined by using the criteria in appendix C, section 8) or in quantities sufficient to meet the requirements in Table 154.1045(i) of this section, whichever is the lesser amount.
Table 154.1045(
| Response time for completed application (hours) | Dispersant application dispersant: oil treated in gallons (Gulf Coast) | Dispersant application dispersant: oil treated in gallons all other U.S. | |
|---|---|---|---|
| Tier 1 | 12 | 8,250:165,000 | 4,125:82,500 |
| Tier 2 | 36 | 23,375:467,000 | 23,375:467,000 |
| Tier 3 | 60 | 23,375:467,000 | 23,375:467,000 |
| Total | 60 | 55,000:1,100,000 | 50,875:1,017,500 |
Gulf Coast Tier 1 is higher due to greater potential spill size and frequency in that area, and it is assumed that dispersant stockpiles would be centralized in the Gulf area. Alternative application ratios of peer-reviewed scientific evidence of improved capability may be considered upon submission to Coast Guard Headquarters. Contact Commandant (CG-RI), Attn: Office of Incident Management and Preparedness, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516; telephone 202-372-2234.
(j) The owner or operator of a facility handling Groups I through IV petroleum oil as a primary cargo must identify in the response plan, and ensure the availability through contract or other approved means, of response resources necessary to provide aerial oil tracking to support oil spill assessment and cleanup activities. Facilities operating exclusively on inland rivers are not required to comply with this paragraph. Aerial oil tracking resources must:
(1) Be capable of arriving at the site of a discharge in advance of the arrival of response resources identified in the plan for tiers 1, 2, and 3 Worst-Case Discharge response times, and for a distance up to 50 nautical miles from shore (excluding inland rivers);
(2) Be capable of supporting oil spill removal operations continuously for three 10-hour operational periods during the initial 72 hours of the discharge;
(3) Include appropriately located aircraft and personnel capable of meeting the response time requirement for oil tracking from paragraph (j)(1) of this section; and
(4) Include sufficient numbers of aircraft, pilots, and trained observation personnel to support oil spill removal operations, commencing upon initial assessment, and capable of coordinating on-scene cleanup operations, including dispersant and mechanical recovery operations. Observation personnel must be trained in:
(i) The protocols of oil-spill reporting and assessment, including estimation of slick size, thickness, and quantity; and
(ii) The use of assessment techniques in ASTM F1779-08 (incorporated by reference, see § 154.106), and familiar with the use of other guides, such as NOAA’s “Open Water Oil Identification Job Aid for Aerial Observation,” and NOAA’s “Characteristic Coastal Habitats” guide (available on the Internet at http://response.restoration.noaa.gov/use the following links in the order presented: Home|Emergency Response|Responding to Oil Spills).
(k) A response plan for a facility that handles, stores, or transports Group I through Group IV petroleum oils must identify response resources with firefighting capability. The owner or operator of a facility that does not have adequate firefighting resources located at the facility or that can not rely on sufficient local firefighting resources must identify and ensure, by contract or other approved means as described in § 154.1028(a)(1)-(4), the availability of adequate firefighting resources. The response plan must also identify an individual located at the facility to work with the fire department for petroleum oil fires. This individual shall also verify that sufficient well-trained firefighting resources are available within a reasonable time to respond to a worst case discharge. The individual may be the qualified individual as defined in § 154.1020 and identified in the response plan or another appropriate individual located at the facility.
(l) The response plan for a facility that handles, stores, or transports Groups I through IV petroleum oils must identify equipment and required personnel available, by contract or other approved means as described in § 154.1028(a) (1)-(4), to protect fish and wildlife and sensitive environments.
(1) Except as set out in paragraph (k)(2) of this section, the identified response resources must include the quantities of boom sufficient to protect fish and wildlife and sensitive environments as required by § 154.1035(b)(4).
(2) The resources and response methods identified in a facility response plan must be consistent with the required resources and response methods to be used in fish and wildlife and sensitive environments, contained in the appropriate ACP. Facility owners or operators shall ensure that their response plans are in accordance with the ACP in effect 6 months prior to initial plan submission or the annual plan review required under § 154.1065(a). Facility owners or operators are not required to, but may at their option, conform to an ACP which is less than 6 months old at the time of plan submission.
(m) The response plan for a facility that handles, stores, or transports Groups I through IV petroleum oils must identify an oil spill removal organization(s) with response resources that are available, by contract or other approved means as described in § 154.1028(a) (1)-(4), to effect a shoreline cleanup operation commensurate with the quantity of emulsified petroleum oil to be planned for in shoreline cleanup operations.
(1) Except as required in paragraph (l)(2) of this section, the shoreline cleanup response resources required must be determined as described in appendix C of this part.
(2) The resources and response methods identified in a facility response plan must be consistent with the required shoreline cleanup resources and methods contained in the appropriate ACP. Facility owners or operators shall ensure that their response plans are in accordance with the ACP in effect 6 months prior to initial plan submission or the annual plan review required under § 154.1065(a). Facility owners or operators are not required to, but may at their option, conform to an ACP which is less than 6 months old at the time of plan submission.
(n) Appendix C of this part describes the procedures to determine the maximum extent practicable quantity of response resources that must be identified and available, by contract or other approved means as described in § 154.1028(a) (1)-(4), for the maximum most probable discharge volume, and for each worst case discharge response tier.
(1) Included in appendix C of this part is a cap that recognizes the practical and technical limits of response capabilities that an individual facility owner or operator can be expected to contract for in advance.
(2) Table 5 in appendix C of this part lists the caps that apply in February 18, 1993, and February 18, 1998. Depending on the quantity and type of petroleum oil handled by the facility and the facility’s geographic area of operations, the resource capability caps in this table may be reached. The owner or operator of a facility whose estimated recovery capacity exceeds the applicable contracting caps in Table 5 shall identify sources of additional equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the calculated planning volume, whichever is lower. The identified resources must be capable of arriving on scene not later than the Tier 1, 2, and 3 response times in this section. No contract is required. While general listings of available response equipment may be used to identify additional sources, a response plan must identify the specific sources, locations, and quantities of equipment that a facility owner or operator has considered in his or her planning. When listing Coast Guard classified oil spill removal organization(s) which have sufficient removal capacity to recover the volume above the response capability cap for the specific facility, as specified in Table 5 in appendix C of this part, it is not necessary to list specific quantities of equipment.
(o) The Coast Guard will continue to evaluate the environmental benefits, cost efficiency and practicality of increasing mechanical recovery capability requirements. This continuing evaluation is part of the Coast Guard’s long term commitment to achieving and maintaining an optimum mix of oil spill response capability across the full spectrum of response modes. As best available technology demonstrates a need to evaluate or change mechanical recovery capacities, a review of cap increases and other requirements contained within this subpart may be performed. Any changes in the requirements of this section will occur through a public notice and comment process. During this review, the Coast Guard will determine if established caps remain practicable and if increased caps will provide any benefit to oil spill recovery operations. The review will include, at least, an evaluation of:
(1) Best available technologies for containment and recovery;
(2) Oil spill tracking technology;
(3) High rate response techniques;
(4) Other applicable response technologies; and
(5) Increases in the availability of private response resources.
§ 154.1047 Response plan development and evaluation criteria for facilities that handle, store, or transport Group V petroleum oils.
(a) An owner or operator of a facility that handles, stores, or transports Group V petroleum oils must provide information in his or her response plan that identifies—
(1) Procedures and strategies for responding to a worst case discharge of Group V petroleum oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.
(b) An owner or operator of a facility that handles, stores, or transports Group V petroleum oil must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the facility operates using the criteria in Table 1 of appendix C of this part. When evaluating the operability of equipment, the facility owner or operator must consider limitations that are identified in the ACPs for the COTP zones in which the facility operates, including—
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or transports Group V petroleum oil must identify the response resources that are available by contract or other approved means as described in § 154.1028. The equipment identified in a response plan must include—
(1) Sonar, sampling equipment, or other methods for locating the petroleum oil on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods for containing the petroleum oil that may remain floating on the surface or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover petroleum oil from the bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge involving the type of petroleum oil handled, stored, or transported.
(d) Response resources identified in a response plan for a facility that handles, stores, or transports Group V petroleum oils under paragraph (c) of this section must be capable of being at the spill site within 24 hours of discovery of a discharge.
(e) A response plan for a facility that handles, stores, or transports Group V petroleum oils must identify response resources with firefighting capability. The owner or operator of a facility that does not have adequate firefighting resources located at the facility or that can not rely on sufficient local firefighting resources must identity and ensure, by contract or other approved means as described in § 154.1028, the availability of adequate firefighting resources. The response plan must also identify an individual located at the facility to work with the fire department for petroleum oil fires. This individual shall also verify that sufficient well-trained firefighting resources are available within a reasonable response time to a worst case scenario. The individual may be the qualified individual as defined in § 154.1020 and identified in the response plan or another appropriate individual located at the facility.
§ 154.1050 Training.
(a) A response plan submitted to meet the requirements of § 154.1035 or § 154.1040, as appropriate, must identify the training to be provided to each individual with responsibilities under the plan. A facility owner or operator must identify the method to be used for training any volunteers or casual laborers used during a response to comply with the requirements of 29 CFR 1910.120.
(b) A facility owner or operator shall ensure the maintenance of records sufficient to document training of facility personnel; and shall make them available for inspection upon request by the U.S. Coast Guard. Records for facility personnel must be maintained at the facility for 3 years.
(c) Where applicable, a facility owner or operator shall ensure that an oil spill removal organization identified in a response plan to meet the requirements of this subpart maintains records sufficient to document training for the organization’s personnel and shall make them available for inspection upon request by the facility’s management personnel, the qualified individual, and U.S. Coast Guard. Records must be maintained for 3 years following completion of training.
(d) The facility owner or operator remains responsible for ensuring that all private response personnel are trained to meet the Occupational Safety and Health Administration (OSHA) standards for emergency response operations in 29 CFR 1910.120.
§ 154.1055 Exercises.
(a) A response plan submitted by an owner or operator of an MTR facility must include an exercise program containing both announced and unannounced exercises. The following are the minimum exercise requirements for facilities covered by this subpart:
(1) Qualified individual notification exercises (quarterly).
(2) Spill management team tabletop exercises (annually). In a 3-year period, at least one of these exercises must include a worst case discharge scenario.
(3) Equipment deployment exercises:
(i) Semiannually for facility owned and operated equipment.
(ii) Annually for oil spill removal organization equipment.
(4) Emergency procedures exercises (optional).
(5) Annually, at least one of the exercises listed in § 154.1055(a)(2) through (4) must be unannounced. Unannounced means the personnel participating in the exercise must not be advised in advance, of the exact date, time and scenario of the exercise.
(6) The facility owner or operator shall design the exercise program so that all components of the response plan are exercised at least once every 3 years. All of the components do not have to be exercised at one time; they may be exercised over the 3-year period through the required exercises or through an Area exercise.
(b) A facility owner or operator shall participate in unannounced exercises, as directed by the COTP. The objectives of the unannounced exercises will be to test notifications and equipment deployment for response to the average most probable discharge. After participating in an unannounced exercise directed by a COTP, the owner or operator will not be required to participate in another COTP initiated unannounced exercise for at least 3 years from the date of the exercise.
(c) A facility owner or operator shall participate in Area exercises as directed by the applicable On-Scene Coordinator. The Area exercises will involve equipment deployment to respond to the spill scenario developed by the Exercise Design Team, of which the facility owner or operator will be a member. After participating in an Area exercise, a facility owner or operator will not be required to participate in another Area exercise for at least 6 years.
(d) The facility owner or operator shall ensure that adequate records of all required exercises are maintained at the facility for 3 years. Records shall be made available to the Coast Guard upon request.
(e) The response plan submitted to meet the requirements of this subpart must specify the planned exercise program. The plan must detail the exercise program, including the types of exercises, frequency, scope, objectives and the scheme for exercising the entire response plan every 3 years.
(f) Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the facility response plan exercise requirements. These guidelines are available from the TASC DEPT Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, stock number USCG-X0241). Compliance with an alternative program that meets the requirements of paragraph (a) of this section and has been approved under § 154.1060 will also satisfy the facility response plan exercise requirements.
The PREP guidelines are available online at http://dmses.dot.gov/docimages/pdf1a/198001_web.pdf.
§ 154.1057 Inspection and maintenance of response resources.
(a) A facility owner or operator required to submit a response plan under this part must ensure that—
(1) Containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan are periodically inspected and maintained in good operating condition, in accordance with manufacturer’s recommendations, and best commercial practices; and
(2) All inspection and maintenance is documented and that these records are maintained for 3 years.
(b) For equipment which must be inspected and maintained under this section the Coast Guard may—
(1) Verify that the equipment inventories exist as represented;
(2) Verify the existences of records required under this section;
(3) Verify that the records of inspection and maintenance reflect the actual condition of any equipment listed or referenced; and
(4) Inspect and require operational tests of equipment.
(c) This section does not apply to containment booms, skimmers, vessels, and other major equipment listed or referenced in the plan and ensured available from an oil spill removal organization through the written consent required under § 154.1028(a)(5).
§ 154.1060 Submission and approval procedures.
(a) The owner or operator of a facility to which this subpart applies shall submit one copy of a facility response plan meeting the requirements of this subpart to the COTP for initial review and, if appropriate, approval.
(b) The owner or operator of a facility to which this subpart applies shall include a statement certifying that the plan meets the applicable requirements of subparts F, G, H, and I of this part, as appropriate.
(c) For an MTR facility that is located in the inland response zone where the EPA Regional Administrator is the predesignated Federal On-Scene Coordinator, the COTP may consult with the EPA Federal On-Scene Coordinator prior to any final approval.
(d) For an MTR facility identified in § 154.1015(c) of this subpart that is also required to prepare a response plan under 40 CFR part 112, if the COTP determines that the plan meets all applicable requirements and the EPA Regional Administrator raises no objection to the response plan contents, the COTP will notify the facility owner or operator in writing that the plan is approved.
(e) The plan will be valid for a period of up to 5 years. The facility owner or operator must resubmit an updated plan every 5 years as follows:
(1) For facilities identified in only § 154.1015(b) of this subpart, the 5-year period will commence on the date the plan is submitted to the COTP.
(2) For facilities identified in § 154.1015(c) of this subpart, the 5-year period will commence on the date the COTP approves the plan.
(3) All resubmitted response plans shall be accompanied by a cover letter containing a detailed listing of all revisions to the response plan.
(f) For an MTR facility identified in § 154.1015(c)(2) the COTP will notify the facility owner or operator in writing that the plan is approved.
(g) If a COTP determines that a plan does not meet the requirements of this subpart either upon initial submission or upon 5-year resubmission, the COTP will return the plan to the facility owner or operator along with an explanation of the response plan’s deficiencies. The owner or operator must correct any deficiencies in accordance with § 154.1070 and return the plan to the COTP within the time specified by the COTP in the letter describing the deficiencies.
(h) The facility owner or operator and the qualified individual and the alternative qualified individual shall each maintain a copy of the most current response plan submitted to the COTP. One copy must be maintained at the facility in a position where the plan is readily available to persons in charge of conducting transfer operations.
§ 154.1065 Plan review and revision procedures.
(a) A facility owner or operator must review his or her response plan(s) annually. This review shall incorporate any revisions to the plan, including listings of fish and wildlife and sensitive environments identified in the ACP in effect 6 months prior to plan review.
(1) For an MTR facility identified in § 154.1015(c) of this subpart as a “significant and substantial harm facility,” this review must occur within 1 month of the anniversary date of COTP approval of the plan. For an MTR facility identified in § 154.1015(b) of this subpart, as a “substantial harm facility” this review must occur within 1 month of the anniversary date of submission of the plan to the COTP.
(2) The facility owner or operator shall submit any revision(s) to the response plan to the COTP and all other holders of the response plan for information or approval, as appropriate.
(i) Along with the revisions, the facility owner or operator shall submit a cover letter containing a detailed listing of all revisions to the response plan.
(ii) If no revisions are required, the facility owner or operator shall indicate the completion of the annual review on the record of changes page.
(iii) The COTP will review the revision(s) submitted by the owner or operator and will give written notice to the owner or operator of any COTP objection(s) to the proposed revisions within 30 days of the date the revision(s) were submitted to the COTP. The revisions shall become effective not later than 30 days from their submission to the COTP unless the COTP indicates otherwise in writing as provided in this paragraph. If the COTP indicates that the revision(s) need to be modified before implementation, the owner or operator will modify the revision(s) within the time period set by the COTP.
(3) Any required revisions must be entered in the plan and noted on the record of changes page.
(b) The facility owner or operator shall submit revisions to a previously submitted or approved plan to the COTP and all other holders of the response plan for information or approval within 30 days, whenever there is—
(1) A change in the facility’s configuration that significantly affects the information included in the response plan;
(2) A change in the type of oil (petroleum oil group) handled, stored, or transported that affects the required response resources;
(3) A change in the name(s) or capabilities of the oil spill removal organization required by § 154.1045;
(4) A change in the facility’s emergency response procedures;
(5) A change in the facility’s operating area that includes ports or geographic area(s) not covered by the previously approved plan. A facility may not operate in an area not covered in a plan previously submitted or approved, as appropriate, unless the revised plan is approved or interim operating approval is received under § 154.1025; or
(6) Any other changes that significantly affect the implementation of the plan.
(c) Except as required in paragraph (b) of this section, revisions to personnel and telephone number lists included in the response plan do not require COTP approval. The COTP and all other holders of the response plan shall be advised of these revisions and provided a copy of the revisions as they occur.
(d) The COTP may require a facility owner or operator to revise a response plan at any time as a result of a compliance inspection if the COTP determines that the response plan does not meet the requirements of this subpart or as a result of inadequacies noted in the response plan during an actual pollution incident at the facility.
(e) If required by § 154.1035(b)(3) or § 154.1045, a new or existing facility owner or operator must submit the required dispersant and aerial oil tracking resource revisions to a previously submitted or approved plan, made pursuant to § 154.1035(b)(3) or § 154.1045, to the COTP and all other holders of the response plan for information or approval no later than February 22, 2011.
§ 154.1070 Deficiencies.
(a) The cognizant COTP will notify the facility owner or operator in writing of any deficiencies noted during review of a response plan, drills observed by the Coast Guard, or inspection of equipment or records maintained in connection with this subpart.
(b) Deficiencies shall be corrected within the time period specified in the written notice provided by the COTP. The facility owner or operator who disagrees with a deficiency issued by the COTP may appeal the deficiency to the cognizant COTP within 7 days or the time specified by the COTP to correct the deficiency, whichever is less. This time commences from the date of receipt of the COTP notice. The owner or operator may request a stay from the COTP decision pending appeal in accordance with § 154.1075.
(c) If the facility owner or operator fails to correct any deficiencies or submit a written appeal, the COTP may invoke the provisions of § 154.1025 prohibiting the facility from storing, handling, or transporting oil.
§ 154.1075 Appeal process.
(a) Any owner or operator of a facility who desires to appeal the classification that a facility could reasonably be expected to cause substantial harm or significant and substantial harm to the environment, shall submit a written request to the cognizant COTP requesting review and reclassification by the COTP. The facility owner or operator shall identify those factors to be considered by the COTP. The factors to be considered by the COTP regarding reclassification of a facility include, but are not limited to, those listed in § 154.1016(b). After considering all relevant material presented by the facility owner or operator and any additional material available to the COTP, the COTP will notify the facility owner or operator of the decision on the reclassification of the facility.
(b) Any facility owner or operator directly affected by an initial determination or action of the COTP may submit a written request to the cognizant COTP requesting review and reconsideration of the COTP’s decision or action. The facility owner or operator shall identify those factors to be considered by the COTP in making his or her decision on reconsideration.
(c) Within 10 days of the COTP’s decision under paragraph (b) of this section, the facility owner or operator may appeal the decision of the COTP to the District Commander. This appeal shall be made in writing via the cognizant COTP to the District Commander of the district in which the office of the COTP is located.
(d) Within 30 days of the District Commander’s decision, the facility owner or operator may formally appeal the decision of the District Commander. This appeal shall be submitted in writing to Commandant (CG-535) via the District Commander.
(e) When considering an appeal, the COTP, District Commander, or Commandant may stay the effect of the decision or action being appealed pending the determination of the appeal.
Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska
§ 154.1110 Purpose and applicability.
(a) This subpart establishes oil spill response planning requirements for a facility permitted under the Tans-Alaska Pipeline Authorization Act (TAPAA), in addition to the requirements of subpart F of this part. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards.
(b) The information required by this subpart must be included in the Prince William Sound facility-specific appendix to the facility response plan required by subpart F of this part.
§ 154.1115 Definitions.
In addition to the definitions in this section, the definitions in §§ 154.105 and 154.1020 apply to this subpart. As used in this subpart—
Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
Non-crude oil means any oil other than crude oil.
Prince William Sound means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchinbrook Entrance out to and encompassing Seal Rocks.
(a) The owner or operator of a TAPAA facility may not operate in Prince William Sound, Alaska, unless the requirements of this subpart as well as § 154.1025 have been met. The owner or operator of a TAPAA facility shall certify to the COTP that he or she has provided, through an oil spill removal organization required by § 154.1125, the necessary response resources to remove, to the maximum extend practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is grater, in Prince William Sound.
(b) Coast Guard approval of a TAPAA facility response plan is effective only so long as the appropriate Regional Citizens Advisory Council(s) is funded pursuant to the requirements of section 5002(k) of the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat. 484, 550).
§ 154.1125 Additional response plan requirements.
(a) The owner or operator of a TAPAA facility shall include the following information in the Prince William Sound appendix to the response plan required by subpart F of this part:
(1) Oil spill removal organization. Identification of an oil spill removal organization that shall—
(i) Perform response activities;
(ii) Provide oil spill removal and containment training, including training in the operation of prepositioned equipment for personnel, including local residents and fishermen, from the following locations in Prince William Sound:
(A) Valdez;
(B) Tatitlek;
(C) Cordova;
(D) Whittier;
(E) Chenega; and
(F) Fish hatcheries located at Port San Juan, Main Bay, Esther Island, Cannery Creek, and Solomon Gulch.
(iii) Provide a plan for training, in addition to the personnel listed in paragraph (a)(1)(ii) of this section, sufficient numbers of trained personnel to remove, to the maximum extent practicable, a worst case discharge; and
(iv) Address the responsibilities required in § 154.1035(b)(3)(iii).
(2) Exercises. Identification of exercise procedures that must—
(i) Provide for two exercises of the oil spill removal organization each year that test the ability of the prepositioned equipment and trained personnel required under this subpart to perform effectively;
(ii) Consist of both announced and unannounced drills; and
(iii) Include design(s) for exercises that test either the entire appendix or individual components(s).
(3) Testing, inspection, and certification. Identification of a testing, inspecting, and certification program for the prepositioned response equipment required in § 154.1130 that must provide for—
(i) Annual testing and equipment inspection in accordance with the manufacturer’s recommended procedures, to include—
(A) Start-up and running under load all electrical motors, pumps, power packs, air compressors, internal combustion engines, and oil recovery devices; and
(B) Removal for inspection of no less than one-third of required boom from storage annually, such that all boom will have been removed and inspected within a period of 3 years; and
(ii) Records of equipment tests and inspection.
(iii) Use of an independent entity to certify that the equipment is on-site and in good operating condition and that required tests and inspection have been preformed. The independent entity must have appropriate training and expertise to provide this certification.
(4) Prepositioned response equipment. Identification and location of the prepositioned response equipment required in § 154.1130 including the make, model, and effective daily recovery rate of each oil recovery resource.
(b) The owner or operator of a TAPAA facility shall submit to the COTP a schedule for the training and drills required by the geographic-specific appendix for Prince William Sound for the following calendar year.
(c) All records required by this section must be available for inspection by the COTP.
§ 154.1130 Requirements for prepositioned response equipment.
The owner or operator of a TAPAA facility shall provide the following prepositioned response equipment, located within Prince William Sound, in addition to that required by § 154.1035, § 154.1045, or § 154.1050:
(a) On-water recovery equipment with a minimum effective daily recovery rate of 30,000 barrels capable of being a scene within 2 hours of notification of a discharge.
(b) On-water storage capacity of 100,000 barrels for recovered oily material capable of being on scene within 2 hours of notification of a discharge.
(c) On-water recovery equipment with a minimum effective daily recovery rate of 40,000 barrels capable of being on scene within 18 hours of notification of discharge.
(d) On-water storage capacity of 300,000 barrels for recovered oily material capable of being on scene within 12 hours of notification of a discharge.
(e) On-water recovery devices and storage equipment located in communities at strategic locations.
(f) Equipment as identified below, for the locations identified in § 154.1125(a)(1)(ii) sufficient for the protection of the environment in these locations:
(1) Boom appropriate for the specific locations.
(2) Sufficient boats to deploy boom and sorbents.
(3) Sorbent materials.
(4) Personnel protective clothing and equipment.
(5) Survival equipment.
(6) First aid supplies.
(7) Buckets, shovels, and various other tools.
(8) Decontamination equipment.
(9) Shoreline cleanup equipment.
(10) Mooring equipment.
(11) Anchored buoys at appropriate locations to facilitate the positioning of defensive boom.
(12) Other appropriate removal equipment for the protection of the environment as identified by the COTP.
§ 154.1135 Response plan development and evaluation criteria.
The following response times must be used in determining the on scene arrival time in Prince William Sound for the response resources required by § 154.1045:
| Tier 1 (hrs.) | Tier 2 (hrs.) | tier 3 (hrs.) | |
|---|---|---|---|
| Prince William Sound Area | 12 | 24 | 36 |
§ 154.1140 TAPAA facility contracting with a vessel.
The owner or operator of a TAPAA facility may contract with a vessel owner or operator to meet some of all of the requirements of subpart G of part 155 of this chapter. The extent to which these requirements are met by the contractual arrangement will be determined by the COTP.
Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities
§ 154.1210 Purpose and applicability.
(a) The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards.
(b) This subpart establishes oil spill response planning requirements for an owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils including—
(1) A fixed MTR facility capable of transferring oil in bulk, to or from a vessel with a capacity of 250 barrels or more; and
(2) A mobile MTR facility used or intended to be used to transfer oil to or from a vessel with a capacity of 250 barrels or more.
§ 154.1216 Facility classification.
(a) The Coast Guard classifies facilities that handle, store, or transport animal fats or vegetable oils as “substantial harm” facilities because they may cause substantial harm to the environment by discharging oil.
(b) The COTP may change the classification of a facility that handles, stores, or transports animal fats or vegetable oils. The COTP may consider the following factors, and any other relevant factors, before changing the classification of a facility:
(1) The type and quantity of oils handled.
(2) The spill history of the facility.
(3) The age of the facility.
(4) The public and commercial water supply intakes near the facility.
(5) The navigable waters near the facility. Navigable waters is defined in 33 CFR part 2.36.
(6) The fish, wildlife, and sensitive environments near the facility.
§ 154.1220 Response plan submission requirements.
(a) The owner or operator of an MTR facility identified in § 154.1216 as a substantial harm facility, shall prepare and submit to the cognizant COTP a response plan that complies with this subpart and all sections of subpart F of this part, as appropriate, except §§ 154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
(b) The owner or operator of an MTR facility classified by the COTP under § 154.1216(b) as a significant and substantial harm facility, shall prepare and submit for review and approval of the cognizant COTP a response plan that complies with this subpart and all sections of subpart F of this part, as appropriate, except §§ 154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
(c) In addition to the requirements in paragraph (a) of this section, the response plan for a mobile MTR facility must meet the requirements of § 154.1041 subpart F.
§ 154.1225 Specific response plan development and evaluation criteria and other requirements for fixed facilities that handle, store, or transport animal fats or vegetable oils.
(a) The owner or operator of a fixed facility that handles, stores, or transports animal fats or vegetable oils must include information in the response plan that identifies—
(1) The procedures and strategies for responding to a worst case discharge and to an average most probable discharge of an animal fat or vegetable oil to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.
(b) The owner or operator of a fixed facility must ensure the equipment listed in the response plan will operate in the geographic area(s) where the facility operates. To determine if the equipment will operate, the owner or operator must—
(1) Use the criteria in Table 1 and Section 2 of appendix C of this part; and
(2) Consider the limitations in the area contingency plan for the COTP zone where the facility is located, including
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges; and
(iv) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must name the personnel and list the equipment, including those that are specified in § 154.1240, that are available by contract or by a method described in § 154.1228(a). The owner or operator is not required, but may at their option, refer to the tables in Environmental Protection Agency regulations, 40 CFR 112, Appendix E, Section 10.0, Tables 6 and 7, to determine necessary response resources.
(d) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must ensure that the response resources in paragraph (c) of this section are able to effectively respond to an incident within the amount of time indicated in the following table, unless otherwise specified in § 154.1240:
| Tier 1 (hrs.) | Tier 2 | Tier 3 | |
|---|---|---|---|
| Higher volume port area | 6 | N/A | N/A. |
| Great Lakes | 12 | N/A | N/A. |
| All other river and canal, inland, nearshore, and offshore areas | 12 | N/A | N/A. |
(e) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must—
(1) List in the plan the personnel and equipment that the owner or operator will use to fight fires.
(2) If there is not enough equipment or personnel located at the facility, arrange by contract or a method described in § 154.1228(a), or through a cooperative agreement with public fire-fighting resources, to have the necessary personnel and equipment available to fight fires.
(3) Identify an individual located at the facility who will work with the fire department on fires, involving an animal fat or vegetable oil. The individual—
(i) Verifies that there are enough trained personnel and operating equipment within a reasonable distance to the incident to fight fires.
(ii) Can be the qualified individual defined in § 154.1020 or an appropriate individual located at the facility.
(f) For a fixed facility, except for facilities that are part of a non-transportation-related fixed onshore facility with a storage capacity of less than 42,000 gallons, the owner or operator must also ensure and identify, through contract or a method described in § 154.1228, response resources for an average most probable discharge, including—
(1) At least 1,000 feet of containment boom or two times the length of the longest vessel that regularly conducts operations at the facility, whichever is greater, and the means of deploying and anchoring the boom within 1 hour of the discovery of an incident. Based on site-specific or facility-specific information, the COTP may require the facility owner or operator to make available additional quantities of containment boom within 1 hour of an incident;
(2) Adequate sorbent material located at the facility;
(3) Oil recovery devices and recovered oil storage capacity capable of being at the incident’s site within 2 hours of the discovery of an incident; and
(4) Other appropriate equipment necessary to respond to an incident involving the type of oil handled.
(g) For a mobile facility or a fixed facility that is part of a non-transportation-related onshore facility with a storage capacity of less than 42,000 gallons, the owner or operator must meet the requirements of § 154.1041, and ensure and identify, through contract or a method described in § 154.1228, response resources for an average most probable discharge, including—
(1) At least 200 feet of containment boom and the means of deploying and anchoring the boom within 1 hour of the discovery of an incident. Based on site-specific or facility-specific information, the COTP may require the facility owner or operator to make available additional quantities of containment boom within 1 hour of the discovery of an incident;
(2) Adequate sorbent material capable of being at the site of an incident within 1 hour of its discovery;
(3) Oil recovery devices and recovered oil storage capacity capable of being at incident’s site within 2 hours of the discovery of an incident; and
(4) Other equipment necessary to respond to an incident involving the type of oil handled.
(h) The response plan for a facility that is located in any environment with year-round preapproval for use of dispersants and that handles, stores, or transports animal fats and vegetables oils may request a credit for up to 25 percent of the worst case planning volume set forth by subpart F of this part. To receive this credit, the facility owner or operator must identify in the plan and ensure, by contract or other approved means as described in § 154.1228(a), the availability of specified resources to apply the dispersants and to monitor their effectiveness. The extent of the credit for dispersants will be based on the volumes of the dispersants available to sustain operations at the manufacturers’ recommended dosage rates. Other spill mitigation techniques, including mechanical dispersal, may be identified in the response plan provided they are in accordance with the NCP and the applicable ACP. Resources identified for plan credit should be capable of being on scene within 12 hours of a discovery of a discharge. Identification of these resources does not imply that they will be authorized for use. Actual authorization for use during a spill response will be governed by the provisions of the NCP and the applicable ACP.
§ 154.1228 Methods of ensuring the availability of response resources by contract or other approved means.
(a) When required in this subpart, the availability of response resources must be ensured by the following methods:
(1) The identification of an oil spill removal organization with specified equipment and personnel available within stipulated response times in specified geographic areas. The organization must provide written consent to being identified in the plan;
(2) A document which—
(i) Identifies the personnel, equipment, and services capable of being provided by the oil spill removal organization within stipulated response times in the specified geographic areas;
(ii) Sets out the parties’ acknowledgment that the oil spill removal organization intends to commit the resources in the event of a response;
(iii) Permits the Coast Guard to verify the availability of the identified response resources through tests, inspections, and drills;
(iv) Is referenced in the response plan;
(3) Active membership in a local or regional oil spill removal organization that has identified specified personnel and equipment required under this subpart that are available to response to a discharge within stipulated response times in the specified geographic areas;
(4) Certification by the facility owner or operator that specified personnel and equipment required under this subpart are owned, operated, or under the direct control of the facility owner or operator, and are available within stipulated response times in the specified geographic areas; or
(5) A written contractual agreement with an oil spill removal organization. The agreement must identify and ensure the availability of specified personnel and equipment required under this subpart within stipulated response times in the specified geographic areas.
(b) The contracts and documents required in paragraph (a) of this section must be retained at the facility and must be produced for review upon request by the COTP.
§ 154.1240 Specific requirements for animal fats and vegetable oils facilities that could reasonably be expected to cause substantial harm to the environment.
(a) The owner or operator of a facility, classified under § 154.1216 as a facility that could reasonably be expected to cause substantial harm to the environment, must submit a response plan that meets the requirements of § 154.1035, except as modified by this section.
(b) The plan does not need to list the facility or corporate organizational structure that the owner or operator will use to manage the response, as required by § 154.1035(b)(3)(iii).
(c) The owner or operator must ensure and identify, by contract or a method described in § 154.1228, that the response resources required under § 154.1035(b)(3)(iv) are available for a worst case discharge.
Subpart I—Response Plans for Other Non-Petroleum Oil Facilities
§ 154.1310 Purpose and applicability.
This subpart establishes oil spill response planning requirements for an owner or operator of a facility that handles, stores, or transports other non-petroleum oils. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards.
§ 154.1320 Response plan submission requirements.
An owner or operator of a facility that handles, stores, or transports other non-petroleum oils shall submit a response plan in accordance with the requirements of this subpart, and with all sections of subpart F of this part, except §§ 154.1045 and 154.1047, which apply to petroleum oils.
§ 154.1325 Response plan development and evaluation criteria for facilities that handle, store, or transport other non-petroleum oils.
(a) An owner or operator of a facility that handles, stores, or transports other non-petroleum oils must provide information in his or her plan that identifies—
(1) Procedures and strategies for responding to a worst case discharge of other non-petroleum oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.
(b) An owner or operator of a facility that handles, stores, or transports other non-petroleum oils must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the facility operates using the criteria in Table 1 of appendix C of this part. When evaluating the operability of equipment, the facility owner or operator must consider limitations that are identified in the ACPs for the COTP zone in which the facility is located, including—
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or transports other non-petroleum oils must identify the response resources that are available by contract or other approved means as described in § 154.1028(a). The equipment identified in a response plan must include—
(1) Containment boom, sorbent boom, or other methods for containing oil floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of other non-petroleum oils handled; and
(3) Other appropriate equipment necessary to respond to a discharge involving the type of oil handled.
(d) Response resources identified in a response plan under paragraph (c) of this section must be capable of commencing an effective on-scene response within the times specified in this paragraph for the applicable operating area:
| Tier 1 (hrs.) | Tier 2 | Tier 3 | |
|---|---|---|---|
| Higher volume port area | 6 | N/A | N/A |
| Great Lakes | 12 | N/A | N/A |
| All other river and canal, inland, nearshore, and offshore areas | 12 | N/A | N/A |
(e) A response plan for a facility that handles, stores, or transports other non-petroleum oils must identify response resources with firefighting capability. The owner or operator of a facility that does not have adequate firefighting resources located at the facility or that cannot rely on sufficient local firefighting resources must identify and ensure, by contract or other approved means as described in § 154.1028(a), the availability of adequate firefighting resources. The response plan must also identify an individual located at the facility to work with the fire department on other non-petroleum oil fires. This individual shall also verify that sufficient well-trained firefighting resources are available within a reasonable response time to a worst case scenario. The individual may be the qualified individual as defined in § 154.1020 and identified in the response plan or another appropriate individual located at the facility.
(f) The response plan for a facility that is located in any environment with year-round preapproval for use of dispersants and that handles, stores, or transports other non-petroleum oils may request a credit for up to 25 percent of the worst case planning volume set forth by subpart F of this part. To receive this credit, the facility owner or operator must identify in the plan and ensure, by contract or other approved means as described in § 154.1028(a), the availability of specified resources to apply the dispersants and to monitor their effectiveness. The extent of the credit will be based on the volumes of the dispersant available to sustain operations at the manufacturers’ recommended dosage rates. Identification of these resources does not imply that they will be authorized for use. Actual authorization for use during a spill response will be governed by the provisions of the NCP and the applicable ACP.
Subparts J-O [Reserved]
Subpart P—Marine Vapor Control Systems
General
§ 154.2000 Applicability.
(a) Except as specified by paragraphs (b) through (g) of this section, this subpart applies to—
(1) Each facility that controls vapors emitted to or from vessel cargo tanks;
(2) A vessel, other than a tank vessel, that has a vapor processing unit located onboard for recovery, destruction, or dispersion of vapors from a tank vessel’s cargo tanks;
(3) Certifying entities that review, inspect, test, and certificate facility vapor control systems (VCSs); or
(4) A facility VCS that receives cargo vapor from a vessel when the VCS is connected to a facility’s main VCS that serves plant processing areas, such as tank storage areas or tank truck or railcar loading areas, unrelated to tank vessel operations. The requirements of this subpart apply between the vessel vapor connection and the point where the VCS connects to the facility’s main VCS.
(b) Each facility VCS that began operating on or after July 23, 1990, and that is certified as in compliance with 33 CFR part 154, subpart E on August 15, 2013, or each existing tank barge cleaning facility VCS that meets the safety Standards of Navigation and Vessel Inspection Circular No. 1-96, must comply with 33 CFR part 154, subpart P by August 15, 2016. Certifications, approvals of alternatives, and grants of exemption in effect on August 15, 2013, remain in effect after that date and as specified in the certification, approval, or grant.
(c) A facility with a Coast Guard-approved VCS operating prior to July 23, 1990, must comply with 33 CFR 154.2150 but otherwise need not comply with this subpart so long as it does not have any design or configuration alterations after its approval and receives cargo vapor only from the specific vessels for which it was originally approved.
(d) A facility that uses a vapor balancing system to transfer vapor from a railcar or a tank truck to a vessel cargo tank while offloading the vessel must obtain approval in writing from the Commandant and make that approval available for Coast Guard inspection upon request.
(e) A facility that transfers vapor from a facility tank to a cargo tank of a vessel which is not offloading cargo must obtain approval in writing from the Commandant and make that approval available for Coast Guard inspection upon request.
(f) A tank vessel that has a permanent or portable vapor processing unit located onboard must comply with applicable requirements of this subpart and 46 CFR part 39.
(g) This subpart does not apply to the collection of vapors of liquefied flammable gases as defined in 46 CFR 30.10-39.
(h) This subpart does not require a facility or a vessel to control vapor, or a vessel to take away vapor from facilities; however, if a facility operates a VCS to control vapor to or from vessels, the facility must comply with the requirements of this subpart.
(i) In this subpart, regulatory measurements, whether in the metric or English system, are sometimes followed by approximate equivalent measurements in parentheses, which are given solely for the reader’s convenience. Regulatory compliance with the regulatory measurement is required.
§ 154.2001 Definitions.
As used in this subpart only:
Ambient temperature means the temperature of the environment in which an experiment is conducted or in which any physical or chemical event occurs.
Barge cargo connection means the point in a barge’s cargo system where it connects with the hose assembly or loading arm used for cargo transfer.
Barge vapor connection means the point in a barge’s piping system where it connects to a vapor collection hose or arm. This may be the same as the barge’s cargo connection as it controls vapors during barge cargo tank-cleaning operations.
Base loading means a method of inerting, enriching, or diluting such that sufficient inerting, enriching, or diluting gas, for the worst concentration of vapor coming from the vessel, is injected into the vapor line during the entire loading operation so that the vapor mixture is inerted, enriched, or diluted at the maximum loading rate. For inerting and enriching systems, “worst concentration” means the vapor stream contains no cargo vapor. For a diluting system, “worst concentration” means the vapor stream is saturated with cargo vapor.
Captain of the Port (COTP) means the Coast Guard Captain of the Port as defined in 33 CFR 154.105.
Certifying entity means an individual or organization accepted by the Commandant to review plans, data, and calculations for vapor control system designs and to conduct inspections and observe tests of vapor control system installations.
Cleaning operation means any stripping, gas-freeing, or tank-washing operation of a barge’s cargo tanks conducted at a cleaning facility.
Combustible liquid means any liquid that has a flashpoint above 80 °F (as determined from an open-cup tester, as used to test burning oils) and includes Grade D and Grade E combustible liquids defined in 46 CFR 30.10-15.
Commandant means Commandant (CG-ENG), U.S. Coast Guard, 2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126.
Detonation arrester means a device that is acceptable to the Commandant and includes a detonation arrester that is designed, built, and tested in accordance with Appendix A of this part or by another method acceptable to the Commandant for arresting flames and detonations.
Diluting means introducing a non-flammable, non-combustible, and non-reactive gas with the objective of reducing the hydrocarbon content of a vapor mixture to below the lower flammable limit so that it will not burn.
Drip leg means a section of piping that extends below piping grade to collect liquid passing through the vapor line and that has a diameter no more than the diameter of the pipe in which it is installed.
Elevated temperature means the temperature that exceeds 70 percent of the auto-ignition temperature, in degrees Celsius, of the vapors being collected.
Enriching means introducing a flammable gas with the objective of raising the hydrocarbon content of a vapor mixture above the upper flammable limit so that it will not burn.
Existing vapor control system means a vapor control system that satisfies the requirements of 33 CFR part 154, subpart E as certified by a certifying entity, or a tank barge cleaning facility vapor control system that meets the safety Standards of Navigation and Vessel Inspection Circular No. 1-96 as certified by a certifying entity or approved by the U.S. Coast Guard, and that began operating prior to August 15, 2013.
Facility main vapor control system means a vapor control system that primarily serves facility processing areas unrelated to tank vessel operations, such as the plant process, tank storage areas, or tank truck or railcar loading areas.
Facility operations manual means the manual required by 33 CFR 154.300, the contents of which are described in 33 CFR 154.310.
Facility vapor connection means the point in a facility’s vapor collection system where it connects to a vapor collection hose or the base of a vapor collection arm and is located at the dock as close as possible to the tank vessel to minimize the length of the flexible vapor collection hose, thus reducing the hazards associated with the hose.
Fail-safe means a piece of equipment or instrument that is designed such that if any element should fail, it would go to a safe condition.
Fixed stripping line means a pipe extending to the low point of each cargo tank, welded through the deck and terminating above the deck with a valve plugged at the open end.
Flame arrester means a device that is designed, built, and tested in accordance with ASTM F 1273 or UL 525 (both incorporated by reference, see 33 CFR 154.106) for use in end-of-line applications for arresting flames.
Flame screen means a fitted single screen of corrosion-resistant wire of at least 30-by-30 mesh, or two fitted screens, both of corrosion-resistant wire, of at least 20-by-20 mesh, spaced apart not fewer than 12.7 millimeters (0.5 inch) or more than 38.1 millimeters (1.5 inches).
Flammable liquid means any liquid that gives off flammable vapors (as determined by flashpoint from an open-cup tester, as used to test burning oils) at or below a temperature of 80 °F, and includes Grades A, B, and C flammable liquids defined in 46 CFR 30.10-22.
Fluid displacement system means a system that removes vapors from a barge’s cargo tanks during gas freeing through the addition of an inert gas or other medium into the cargo tank.
Fluid injection connection means the point in a fluid displacement system at which the fixed piping or hose that supplies the inert gas or other medium connects to a barge’s cargo tanks or fixed piping system.
Gas freeing means the removal of vapors from a tank barge.
Grade A, B, C, D, or E means any Grade A, B, or C flammable liquid defined in 46 CFR 30.10-22 or any Grade D or E combustible liquid defined in 46 CFR 30.10-15.
High flash point cargoes means Grade E cargoes and cargoes having a closed-cup flash point higher than 60 °C (140 °F), carried at a temperature no higher than 5 °C (9 °F) below their flash points.
Inert condition or inerted means the oxygen content of the vapor space in a tank vessel’s cargo tank is reduced to 60 percent or less by volume of the vapor’s minimum oxygen concentration for combustion, or to 8 percent by volume or less for the vapor of crude oil, gasoline blends, or benzene, by addition of an inert gas, in accordance with the inert gas requirements of 46 CFR 32.53 or 46 CFR 153.500.
Inerting means introducing an inert gas into a tank and/or piping system to lower the oxygen content of a vapor mixture.
Line clearing means the transfer of residual cargo from a cargo loading line toward a cargo tank by using compressed inert gas.
Liquid knockout vessel means a device, other than a drip leg, used to separate liquid from vapor.
Maximum allowable gas-freeing rate means the maximum volumetric rate at which a barge may be gas-freed during cleaning operations.
Maximum allowable stripping rate means the maximum volumetric rate at which a barge may be stripped during cleaning operations prior to the opening of any hatch and/or fitting in the cargo tank being stripped.
Maximum allowable transfer rate means the maximum volumetric rate at which a vessel may receive cargo or ballast.
Minimum oxygen concentration for combustion or MOCC means the lowest level of oxygen in a vapor or a vapor mixture that will support combustion.
Multi-breasted barge-loading operations are those in which barges load side by side with the outboard barge’s vapor collection system connected to a facility vapor connection through the inboard barge, as opposed to single-breasted operations involving a single barge, and may also be known as “two barge, double-up” loading operations.
Multiple facility vapor collection system junction means the point in the vapor collection system where two or more branch lines originating from separate facility vapor connections are connected.
New vapor control system means a vapor control system that is not an existing vapor control system.
Padding means introducing into a tank and associated piping system with an inert gas or liquid which separates the cargo from air, and maintaining the condition.
Partially inerted means the oxygen content of the vapor space in a tank is reduced to below what is normally present in the atmosphere by the addition of an inert gas such as nitrogen or carbon dioxide, but not to the concentration that meets the definition of “inert condition or inerted” in this section.
Pig means any device designed to maintain a tight seal within a cargo line while being propelled by compressed inert gas towards a cargo tank, for the purpose of transferring residual cargo from the cargo loading line to the cargo tank.
Pigging means the transfer of residual cargo from a cargo loading line by using compressed inert gas to propel a “pig” through the line toward a cargo tank.
Pre-transfer conference means the conference required by 33 CFR 156.120(w).
Purging means introducing an inert gas into a tank and/or piping system to further reduce the existing hydrocarbon and/or oxygen content to a level below which combustion cannot be supported if air is subsequently introduced into the tank or piping system.
Stripping means the removal, to the maximum extent practicable, of cargo residue remaining in the barge’s cargo tanks and associated fixed piping system after cargo transfer or during cleaning operations.
Tank barge cleaning facility or TBCF means a facility used or capable of being used to conduct cleaning operations on a tank barge.
Transfer facility means a facility as defined in 33 CFR 154.105, excluding tank barge cleaning or stripping facilities.
Vacuum displacement system means a system that removes vapors from a barge’s cargo tanks during gas freeing by sweeping air through the cargo tank hatch openings.
Vapor balancing means the transfer of vapor displaced by incoming cargo from the tank of a vessel or facility receiving cargo into a tank of the vessel or facility delivering cargo via facility vapor collection system.
Vapor collection system means an arrangement of piping and hoses used to collect vapor emitted to or from a vessel’s cargo tanks and to transport the vapor to a vapor processing unit or a tank.
Vapor control system or VCS means an arrangement of piping and equipment used to control vapor emissions collected to or from a vessel and includes the vapor collection system and the vapor processing unit or a tank.
Vapor destruction unit means a vapor processing unit that destroys cargo vapor by a thermal destruction method.
Vapor dispersion unit means a vapor processing unit that releases cargo vapor into the atmosphere through a venting system not located on the tank vessel.
Vapor processing unit means the components of a vapor control system that recover, destroy, or disperse vapor collected from a vessel.
Vapor recovery unit means a vapor processing unit that recovers cargo vapor by nondestructive means.
Vessel vapor connection means the point in a vessel’s fixed vapor collection system where it connects to a vapor collection hose or arm.
Certifying Entities
§ 154.2010 Qualifications for acceptance as a certifying entity.
To qualify for acceptance as a vapor control system (VCS) certifying entity, the entity must demonstrate to the satisfaction of the Commandant that it possesses the following minimum qualifications:
(a) The ability to review and evaluate design drawings and failure analyses for compliance to this subpart;
(b) The knowledge of the applicable regulations of this subpart, including the standards incorporated by reference;
(c) The ability to monitor and evaluate test procedures and results for compliance with the operational requirements of this subpart;
(d) The ability to perform inspections and observe tests of bulk liquid cargo-handling systems;
(e) The applicant must not be controlled by an owner or operator of a vessel or facility engaged in controlling vapor emissions;
(f) The applicant must not be dependent upon Coast Guard acceptance under this section to remain in business; and
(g) The person in charge of VCS certification must be a licensed professional engineer in a U.S. State or territory. A person in charge of VCS certification who is not a licensed professional engineer on August 15, 2013 must obtain that license from a U.S. State or territory by August 15, 2014.
§ 154.2011 Application for acceptance as a certifying entity.
(a) An applicant seeking Coast Guard acceptance as a certifying entity of vapor control systems (VCSs) must submit a signed, written application to the Commandant containing the information described in paragraph (b) of this section. The applicant’s signature certifies that the information in the application is true and that the applicant is not dependent upon Coast Guard acceptance under this section to remain in business and constitutes consent for the Coast Guard to verify any information contained in the application, through personal examination of persons named in the application, or otherwise. If an applicant knowingly and willfully provides any false statement or misrepresentation, or conceals a material fact in the application, the application may be denied or terminated, and the applicant may be subject to prosecution under the provisions of 18 U.S.C. 1001.
(b) An application must include the following general information:
(1) The name and address of the applicant, including subsidiaries and divisions if applicable;
(2) A description of the experience and qualifications of any person who would review or test systems on behalf of the applicant, showing that the person is familiar with or otherwise qualified to implement Coast Guard VCS regulations; and
(3) A letter from a facility owner or operator stating his or her intent to use the services of the applicant to certify VCS installations.
(c) The Commandant reviews each application and either issues a letter of acceptance as a certifying entity to the applicant, or notifies the applicant that it is not accepted, and maintains a list of currently accepted certifying entities that is available to the public at http://homeport.uscg.mil.
(d) The acceptance of a certifying entity may be terminated by the Commandant for failure to review, inspect, or test a system properly in accordance with this subpart.
(e) A certifying entity may not certify a facility VCS if that certifying entity was involved in the design or installation of the system. “Design or installation” includes, but is not limited to—
(1) Performing system design calculations;
(2) Providing chemical data;
(3) Developing plans, specifications, and drawings;
(4) Conducting failure analysis; and
(5) Installing systems or components.
(f) A certifying entity may not recertify a VCS design, configuration, or operational change if it was involved in that change, and may not conduct an operational review of a VCS if it has been involved in the design, installation, or operation of the VCS.
(g) A certifying entity may not conduct the failure analysis of a facility VCS it is certifying. The certifying entity may only point out shortcomings shown by the failure analysis and may not propose changes to correct the shortcomings.
(h) A certifying entity may not certify the VCS of any vessel or facility owner or operator that owns or has a controlling interest in the certifying entity.
Certification, Recertification, and Operational Review
§ 154.2020 Certification and recertification—owner/operator responsibilities.
(a) Prior to operating, a new vapor control system (VCS) installation must be certified under 33 CFR 154.2023 by a certifying entity as meeting the requirements of this subpart.
(b) A certified VCS or a Coast Guard-approved VCS must be recertified by a certifying entity under 33 CFR 154.2023 before it can—
(1) Control vapors other than those for which it was originally certified;
(2) Receive vapors from vessels other than those for which it was approved, if the VCS was in operation prior to July 23, 1990;
(3) Operate under any changed design or configuration;
(4) Operate as part of multi-breasted barge-loading operations, if the VCS was not originally approved or certified for such operations; or
(5) Be connected to a tank vessel if a pigging system is used to clear cargo in the cargo line back to the tank vessel.
(c) For a transfer facility, prior to operating a VCS to control vapor from a tank vessel during cargo loading line pigging to clear cargo in the cargo loading line back to the tank vessel, the cargo loading line pigging system must be reviewed by a certifying entity as meeting the requirements of 33 CFR 154.2104.
(d) To apply for certification, the owner or operator of a facility VCS must submit plans, calculations, specifications, and other related information, including a qualitative failure analysis, to the certifying entity. Suggested, but not mandatory, guidance for preparing a qualitative failure analysis can be found in the American Institute of Chemical Engineers publication “Guidelines for Hazard Evaluation Procedures,” and in Military Standard MIL-STD-882B for a quantitative failure analysis. For assistance in locating those publications, contact the Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, Washington, DC 20593-7509, telephone 202-372-1418 or via email at [email protected]. The analysis must demonstrate that—
(1) The VCS can operate continuously and safely while controlling cargo vapors to or from tankships or tank barges over the full range of transfer rates expected at the facility;
(2) The VCS has the proper alarms and automatic shutdown systems required by this subpart to prevent an unsafe operation;
(3) The VCS has sufficient automatic or passive devices to minimize damage to personnel, property, and the environment if an accident were to occur;
(4) If a quantitative failure analysis is also conducted, the level of safety attained is at least one order of magnitude greater than that calculated for operating without a VCS; and
(5) If a facility uses a cargo line pigging system to clear cargo in the cargo line back to the tank vessel with the VCS connected, the qualitative failure analysis must demonstrate that the cargo line pigging system has at least the same levels of safety required by paragraphs (d)(1), (2), and (3) of this section to prevent overpressure of the vessel’s cargo tanks and account for the probability that the pig is destroyed during line-pigging operations.
(e) The VCS owner or operator must maintain at the facility—
(1) A copy of VCS design documentation, including plans, drawings, calculations, and specifications for the VCS;
(2) The facility operations manual, including the list of cargoes that the facility is approved to vapor control;
(3) Any certification or recertification letter issued under 33 CFR 154.2023; and
(4) Other records as required by 33 CFR 154.740.
§ 154.2021 Operational review—owner/operator responsibilities.
(a) Each facility vapor control system (VCS) must undergo an operational review by a certifying entity within five years of its initial certification or last operational review, to ensure its proper operation and maintenance.
(b) The VCS owner or operator must coordinate with the certifying entity and provide the entity with all necessary documentation and records to conduct the operational review.
(c) The VCS owner or operator must notify the Captain of the Port (COTP) of a scheduled operational review. The COTP, at his or her discretion, may observe the operational review.
(d) The VCS owner or operator must maintain, at the facility, the latest operational review letter issued under 33 CFR 154.2023.
§ 154.2022 Certification, recertification, or operational review—certifying entity responsibilities, generally.
Before the initial certification of a facility vapor control system (VCS), the certifying entity must perform each of the tasks specified in this section.
(a) Review all VCS design documentation, including plans, drawings, calculations, specifications, and failure analysis, to ensure that the VCS design meets the requirements of this subpart.
(b) Conduct an initial onsite inspection to ensure that the VCS installation conforms to the VCS plans, drawings, and specifications reviewed.
(c) Conduct onsite reviews and observe tests to ensure the VCS’s proper operation in accordance with its design and compliance with applicable regulations and the facility’s operations manual and to ensure that—
(1) Each alarm and shutdown shown on the piping and instrumentation diagrams (P&IDs) and reviewed in the hazard analysis as part of the system responds properly, through simulation of emergency conditions to activate the alarm or shutdown;
(2) Maximum vacuum cannot be exceeded at the maximum operating conditions of any vapor-moving device, through testing of the vacuum breaker;
(3) VCS shutdown occurs correctly, through the startup of the VCS and tripping of each shutdown loop while the VCS is not connected to a vessel;
(4) VCS startup, normal operation, and shutdown occur properly, through observing the relevant portions of a test loading or unloading of one vessel, or a test cleaning of one tank barge at a tank barge cleaning facility; and that
(5) The automatic liquid block valve successfully stops flow of liquid to the vessel during a system shutdown, through observing the relevant portions of a test loading or test cargo tank cleaning.
(d) Review, for each cargo vapor the VCS will control, the cargo’s chemical data and the VCS design to ensure that—
(1) Each vapor-controlled chemical is either specified in writing by the Commandant or listed in 46 CFR 30.25-1, 46 CFR 151.05, or Table 1 or Table 2 of 46 CFR 153;
(2) Each chemical’s maximum experimental safe gap, minimum oxygen concentration for combustion (MOCC), and upper and lower limits of flammability have been correctly determined (this may but need not be in compliance with Coast Guard guidance available at http://homeport.uscg.mil);
(3) Vapor properties and characteristics are addressed, including freezing point, polymerization potential, solubility, and cargo compatibility;
(4) The flash point for any cargo with a closed-cup flash point of 60 °C (140 °F) or higher is properly determined;
(5) The cargo’s vapor growth rate has been correctly determined and the VCS complies with 33 CFR 154.2103(a) and (b) or 33 CFR 154.2203(a) or (b);
(6) Each detonation arrester used in the VCS is correct for each chemical’s maximum experimental safe gap;
(7) Setpoints for each oxygen analyzer used in the VCS are correct for each chemical’s MOCC;
(8) Setpoints for each oxygen or hydrocarbon analyzer used in the VCS are correct for each chemical’s upper or lower flammability limit;
(9) The inerting, enriching, or dilution system used is adequate;
(10) Each vapor-controlled chemical is compatible with all VCS components and with other chemicals and with inerting, enriching, or diluting gases added to the VCS per 46 CFR part 150, Table I and Table II;
(11) The VCS’s mechanical equipment and system are suitable;
(12) The VCS’s vapor recovery or destruction unit has adequate capacity and is safe for each chemical;
(13) Any calculation to determine the duration of purging required by 33 CFR 154.2150(p) is correct; and that
(14) The VCS’s failure analysis addresses any hazards presented with each chemical.
(e) Review the VCS prior to certifying it to control vapors from barge cargo tanks during multi-breasted barge loading operations, to confirm that—
(1) The overfill control system required by 33 CFR 154.2102 will process a liquid overfill condition within any one cargo tank on each barge;
(2) If multi-breasted loading is conducted using more than one liquid transfer hose from the shore facility, the facility is capable of activating the emergency shutdown system required by 33 CFR 154.550, and can automatically stop the cargo flow to each transfer hose simultaneously, in the event an upset condition occurs that closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a);
(3) The facility operations manual has been modified to include the procedures for multi-breasted barge-loading operations; and
(4) The facility operations manual describes how to make proper connections, on the facility side, between the alarm and shutdown systems of the VCS and of each barge being loaded.
(f) Review a cargo line pigging system that will be used to clear cargo in the cargo line back to a tank vessel for compliance with 33 CFR 154.2104.
(g) Review the facility operations manual for compliance with 33 CFR 154.310(b).
(h) Review any test program used for instrument testing and calibration for compliance with 33 CFR 154.2180 and 33 CFR 154.2181.
(i) Review the facility’s VCS training program for compliance with 33 CFR 154.2030 and 154.2031.
§ 154.2023 Recertification—certifying entity responsibilities, generally.
(a) Before the recertification of a facility vapor control system (VCS) the certifying entity must perform the reviews specified in 33 CFR 154.2022, except paragraphs (a) through (c).
(b) The certifying entity must review, inspect, and observe tests of a facility VCS’s design or configuration alteration before recertifying a VCS that was certified or approved for operation prior to July 23, 1990, to ensure that the altered system complies with applicable regulations. In general, the certifying entity should perform the review, inspection, and observe tests as specified in 33 CFR 154.2022(a) through (c). However, depending on the extent of the alteration, the review, inspection, or test observing may not need to be as comprehensive as those for an initial certification.
§ 154.2024 Operational review—certifying entity responsibilities, generally.
In conducting an operational review the certifying entity must ensure that the vapor control system (VCS) is properly operating and maintained by performing the tasks specified in this section.
(a) Ensure the completeness, currency, and accuracy of the facility operations manual, training plans, and VCS test procedures.
(b) Confirm through training records that the current listed available facility persons in charge have been trained in compliance with 33 CFR 154.2030 or 154.2031.
(c) Confirm that recordkeeping and testing and inspection comply with 33 CFR 154.740 and 156.170.
(d) Verify that there has been no change to the VCS equipment or instrumentation since the last certification, recertification, or operational review to ensure that the certification letter is current.
(e) Verify proper marking, labeling, maintenance, and operation of VCS components, through visual inspection.
(f) Confirm that the originally certified liquid cargo transfer rate can still be attained in compliance with 33 CFR 154.2103 and 154.2107.
(g) Ensure that cargo transfer or tank-cleaning barge operational procedures are properly followed and the VCS operates properly, through observation of the initial stages of transfer or cleaning, including 24-hour pre-transfer tests required by 33 CFR 154.2150(b) or 33 CFR 154.2250(b), the pre-transfer conference, and initial system startup procedures.
§ 154.2025 Certification, recertification, or operational review—certifying entity documentation.
(a) If the certifying entity is satisfied that the facility’s vapor control system (VCS) has successfully undergone the reviews, inspections, and tests required by 33 CFR 154.2022(a) for certification or recertification, and that the VCS will operate properly and safely, the certifying entity must certify or recertify the VCS by issuing a certification letter to the facility owner or operator, and by sending copies of the letter to the Captain of the Port (COTP) and the Commandant. The certification letter must refer by date to the certifying entity’s letter of acceptance issued under 33 CFR 154.2011(c), and must—
(1) State that the facility complies with applicable regulations and with its operations manual, and list any exemptions to the applicable regulations that have been approved by the Coast Guard;
(2) Report on all reviews, inspections, and tests undergone by the VCS in accordance with 33 CFR 154.2022(a);
(3) List all plans and drawings that were reviewed by the certifying entity;
(4) State if the VCS may control vapors from tank barges that are required to have a shore-side, explosion-proof receptacle or an overfill control system required by 33 CFR 154.2102(a) and (b); and
(5) List all cargoes that the certifying entity approves for control by the VCS.
(b) If the certifying entity is satisfied that the facility’s VCS has successfully undergone the operational review required by 33 CFR 154.2022(b), the certifying entity must issue an operational review letter to the facility owner or operator, and send copies of the letter to the COTP and the Commandant. The operational review letter must—
(1) List each item reviewed and inspected;
(2) Describe the transfer or cleaning operation observed; and
(3) Summarize the review’s results.
Personnel
§ 154.2030 Transfer facilities.
(a) Personnel in charge of a transfer operation using a vapor control system (VCS) must have completed a training program covering the particular VCS installed at the facility. As part of the training program, personnel must be able to demonstrate, through drills and display of practical knowledge, the proper VCS operational procedures for normal and emergency conditions. The training program must cover the following subjects:
(1) Purpose of the VCS;
(2) Principles of the VCS;
(3) Components of the VCS;
(4) Hazards associated with the VCS;
(5) Coast Guard regulations in this subpart;
(6) Operating procedures, including:
(i) Transfer, testing, and inspection requirements;
(ii) Pre-transfer procedures;
(iii) Chemicals approved for collection;
(iv) Material safety data sheet review;
(v) Connection procedures;
(vi) Startup procedures;
(vii) Normal operating conditions and how to handle deviations from normal conditions;
(viii) Normal shutdown procedures; and
(ix) Operating procedures for cargo line clearing if a cargo line clearance system is installed in accordance with 33 CFR 154.2104; and
(7) Emergency procedures.
(b) Personnel overseeing VCS maintenance must be familiar with—
(1) Inspection of detonation arresters; and
(2) Procedures for equipment and instrumentation testing required by 33 CFR 156.170(g).
(c) Facility personnel in charge of a transfer operation using a VCS must be designated and qualified in compliance with 33 CFR 154.710 and the facility must maintain the training documentation required by 33 CFR 154.740(b).
§ 154.2031 Tank barge cleaning facilities.
(a) In addition to complying with 33 CFR 154.2030, a tank barge cleaning facility (TBCF) person-in-charge (PIC) of a barge cargo tank-cleaning operation that uses a vapor control system (VCS) must complete a training program covering the particular systems installed at the facility and on the barge. As part of the training program, personnel must be able to demonstrate, through drills and practical knowledge, the proper VCS operation procedures for normal and emergency conditions. The training program must—
(1) Satisfy the requirements of 33 CFR 154.2030(a)(1) through (7), except (a)(6)(i), (ii), and (ix), and 33 CFR 154.2030(b) and cover—
(i) Purpose, principles, components, and hazards associated with stripping and gas-freeing;
(ii) Special hazards associated with the accumulation and discharge of static electricity; and
(iii) Operating procedures, including cleaning, testing, and inspection requirements; pre-cleaning procedures; and safeguards to prevent static electricity discharge.
(b) In addition to the requirements contained in 33 CFR 154.710, no person may serve, and the facility operator may not use the services of anyone, as a facility PIC of a cleaning operation unless the person has been properly trained and certified by the facility with a minimum of 60 hours of experience in cleaning operations.
Transfer Facilities—VCS Design and Installation
§ 154.2100 Vapor control system, general.
(a) Vapor control system (VCS) design and installation must eliminate potential overpressure and vacuum hazards, overfill hazards, sources of ignition, and mechanical damage to the maximum practicable extent. Each remaining hazard source that is not eliminated must be specifically addressed in the protection system design and system operational requirements.
(b) Vapor collection system pipe and fitting components must be in accordance with ANSI B31.3 (incorporated by reference, see 33 CFR 154.106) with a maximum allowable working pressure (MAWP) of at least 150 pounds per square inch gauge (psig). Valves must be in accordance with ASME B16.34, 150 pound class (incorporated by reference, see 33 CFR 154.106). Flanges must be in accordance with ANSI B16.5 or ANSI B16.24, 150 pound class (both incorporated by reference, see 33 CFR 154.106). The following components and their associated equipment do not have a minimum specified MAWP, but must be constructed to acceptable engineering standards and have the appropriate mechanical strength to serve the intended purpose: knockout drums, liquid seals, blowers/compressors, flare stacks/incinerators, and other vapor processing units.
(c) All VCS electrical equipment must comply with NFPA 70 (2011) (incorporated by reference, see 33 CFR 154.106).
(d) Any pressure, flow, or concentration indication required by this part must provide a remote indicator on the facility where the cargo transfer system and VCS are controlled, unless the local indicator is clearly visible and readable from the operator’s normal position at the control stations.
(e) Any condition requiring an alarm as specified in this part must activate an audible and visible alarm where the cargo transfer and VCSs are controlled.
(f) For a VCS installed after August 15, 2013, an alarm or shutdown must be activated if electrical continuity of an alarm or shutdown sensor required by this subpart is lost.
(g) The VCS piping surface temperature must not exceed 177 °C (350 °F) or 70 percent of the auto-ignition temperature in degrees Celsius of the vapors being transferred, whichever is lower, during normal operations. This must be achieved by either separating or insulating the entire VCS from external heat sources.
(h) The VCS must be equipped with a mechanism to eliminate any liquid condensate from the vapor collection system that carries over from the vessel or condenses as a result of an enrichment process.
(1) If a liquid knockout vessel is installed to eliminate any liquid condensate, it must have—
(i) A mechanism to indicate the level of liquid in the device;
(ii) A high liquid level sensor that activates an alarm, meeting the requirements of paragraph (e) of this section;
(iii) A high-high liquid level sensor that closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a), and shuts down any vapor-moving devices before carrying liquid over from the vessel to the vapor-moving device. One sensor with two stages may accomplish both this requirement and the requirement of paragraph (h)(1)(ii) of this section; and
(2) If a drip leg is used to eliminate any liquid condensate, it must be fitted with a mechanism to remove liquid from the low point.
(i) Vapor collection piping must be electrically grounded and must be electrically continuous.
(j) If the facility handles inerted vapors of cargoes containing sulfur, the facility must control heating from pyrophoric iron sulfide deposits in the vapor collection line.
(k) All VCS equipment and components, including piping, hoses, valves, flanges, fittings, and gaskets, must be suitable for use with the vapor in the VCS.
§ 154.2101 Requirements for facility vapor connections.
(a) A remotely operated cargo vapor shutoff valve must be installed in the vapor collection line between the facility vapor connection and the nearest point where any inerting, enriching, or diluting gas is introduced into the vapor collection line, or where a detonation arrester is fitted. The valve must—
(1) Close within 30 seconds after detection of a shutdown condition of any component required by this subpart;
(2) Close automatically if the control signal or electrical power to the system is interrupted;
(3) Activate an alarm meeting 33 CFR 154.2100(e) when a signal to shut down is received from a component;
(4) Be capable of manual operation or manual activation;
(5) Have a local valve position indicator, or be designed so that the valve position can be readily determined from the valve handle or valve stem position; and
(6) If the valve seat is fitted with resilient material, be a Category A valve as defined by 46 CFR 56.20-15 and not allow appreciable leakage when the resilient material is damaged or destroyed.
(b) Except when a vapor collection arm is used, the first 1 meter (3.3 feet) of vapor piping downstream of the facility vapor connection must be—
(1) Painted in the sequence of red/yellow/red. The width of the red bands must be 0.1 meter (0.33 foot) and the width of the middle yellow band must be 0.8 meter (2.64 feet); and
(2) Labeled with the word “VAPOR” painted in black letters at least 50.8 millimeters (2 inches) high.
(c) Each facility vapor connection flange face must have a permanent stud projecting outward that is 12.7 millimeters (0.5 inch) in diameter and is at least 25.4 millimeters (1 inch) long. The stud must be located at the top of the flange face, midway between boltholes, and in line with the bolthole pattern.
(d) Each hose that transfers vapors must—
(1) Have a design burst pressure of at least 25 pounds per square inch gauge (psig);
(2) Have a maximum allowable working pressure no less than 5 psig;
(3) Be capable of withstanding at least a 2 pounds per square inch (psi) vacuum without collapsing or constricting;
(4) Be electrically continuous with a maximum resistance of 10,000 ohms;
(5) Have flanges with—
(i) A bolthole arrangement complying with the requirements for 150 pound class flanges, ANSI B16.5 (incorporated by reference, see 33 CFR 154.106); and
(ii) One or more 15.9 millimeter (0.625 inch) diameter holes in the flange face, located midway between boltholes, and in line with the bolthole pattern;
(6) Be resistant to abrasion and kinking;
(7) Be compatible with vapors being controlled; and
(8) Have the last 1 meter (3.3 feet) of each end of the vapor hose marked in accordance with paragraph (b) of this section.
(e) Vapor hoses must be adequately supported to prevent kinking, collapse, or contact with any metal of the vessel or facility to prevent unintentional electrical bypassing of the insulating flange or the single length of non-conducting hose required by paragraph (g) of this section.
(f) Fixed vapor collection arms must—
(1) Meet the requirements of paragraphs (d)(1) through (5) of this section; and
(2) Have the last 1 meter (3.3 feet) of the arm marked in accordance with paragraph (b) of this section.
(g) The facility vapor connection must be electrically insulated from the vessel vapor connection in accordance with OCIMF ISGOTT section 17.5 (incorporated by reference, see 33 CFR 154.106). In order to prevent electrical arcing during connection and disconnection of the transfer hose/arm, the transfer hose/arm must be fitted with an insulating flange or a single length of non-conducting hose to ensure electrical discontinuity between the vessel and facility. The insulating flange/hose should be inserted at the jetty end and must not be electrically bypassed. The installation, inspection, and testing of the insulating flange/hose must be in accordance with 46 CFR 35.35-4. For each vapor hose, only one insulting flange or non-conductive hose must be provided. See 46 CFR 35.35-4.
(h) A vapor collection system, fitted with a gas injection system that operates at a positive gauge pressure at the facility vapor connection, must be fitted with a means to prevent backflow of vapor to the vessel’s vapor collection system during loading.
(i) Electrical bonding between vessel and shore must be in accordance with 46 CFR 35.35-.5.
§ 154.2102 Facility requirements for vessel liquid overfill protection.
This section does not apply to facilities collecting vapors emitted from vessel cargo tanks while inerting, padding, or purging the cargo tanks with an inert gas and not loading cargo into the cargo tank.
(a) Each facility that receives cargo vapor from a tank barge that is fitted with overfill protection, in accordance with 46 CFR 39.2009(a)(1)(iii), must provide a 120-volt, 20-amp explosion-proof receptacle for the overfill protection system that meets—
(1) ANSI NEMA WD-6 (incorporated by reference, see 33 CFR 154.106);
(2) NFPA 70 (2011), Articles 406.9 and 501.145 (incorporated by reference, see 33 CFR 154.106); and
(3) 46 CFR 111.105-9.
(b) Each facility that receives cargo vapor from a tank barge that is fitted with an intrinsically safe cargo tank level sensor system complying with 46 CFR 39.2009(a)(2), as a means of overfill protection, must have an overfill control system on the dock capable of powering and receiving an alarm and shutdown signal from the cargo tank level sensor system that—
(1) Closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) and activates the emergency shutdown system required by 33 CFR 154.550 when—
(i) A tank overfill signal is received from the barge; or
(ii) Electrical continuity of the cargo tank level sensor system is interrupted;
(2) Activates an audible and visible alarm that warns barge and facility personnel when a tank overfill signal, or an optional high-level signal corresponding to a liquid level lower than the tank overfill sensor setting, is received from the barge;
(3) Has a mechanism to test the alarms and automatic shutdown systems electrically and mechanically before operating the vapor control system (VCS);
(4) Has suitable means, such as approved intrinsic safety barriers able to accept passive devices, so that the overfill and optional alarm circuits on the barge side of the overfill control system, including cabling, normally closed switches, and pin and sleeve connectors, are intrinsically safe;
(5) Is labeled at the dock with the maximum allowable inductance (in millihenrys) and capacitance (in microfarads) to be connected to the facility overfill protection system as specified by the equipment manufacturer; and
(6) Has a female connecting plug for the tank barge level sensor system with a five-wire, 16-ampere connector body meeting IEC 60309-1 and IEC 60309-2 (both incorporated by reference, see 33 CFR 154.106), that is—
(i) Configured with pins S2 (N) and R1 (L3) for the tank overfill sensor circuit, pin G connected to the cabling shield, and pins N (L2) and T3 (L1) reserved for an optional high-level alarm connection;
(ii) Labeled “Connector for Barge Overfill Control System”; and
(iii) Connected to the overfill control system by a shielded flexible cable.
§ 154.2103 Facility requirements for vessel vapor overpressure and vacuum protection.
In this section, the requirements of having a flame arrester or a flame screen at the opening of a pressure relief valve or a vacuum relief valve apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) A facility’s vapor control system (VCS) must have the capacity for collecting cargo vapor at a rate of not less than the facility’s maximum liquid transfer rate for cargoes that are vapor controlled plus the vapor growth for the cargoes and any inerting, diluting, or enriching gas that may be added to the system. Vapor growth must be considered as 25 percent of the cargo’s saturated vapor pressure in pounds per square inch absolute (psia) at 115 °F, divided by 12.5 psia (the vapor pressure of gasoline at 115 °F), times the facility’s maximum liquid transfer rate, unless there is experimental data for actual vapor growth for turbulent transferring under the most severe conditions for vapor growth. If the cargo is transferred at temperatures above 115 °F, the cargo’s true vapor pressure (in psia) at the transferring temperature must be used when determining the vapor growth.
(b) A facility VCS must be designed to prevent the pressure in a vessel’s cargo tanks from going below 80 percent of the highest setting of any of the vessel’s vacuum relief valves or exceeding 80 percent of the lowest setting of any of the vessel’s pressure relief valves for a non-inerted tank vessel. A facility VCS also must be designed to prevent the pressure in a vessel’s cargo tanks from going below 0.2 pounds per square inch gauge (psig) or exceeding 80 percent of the lowest setting of any of the vessel’s pressure relief valves for an inerted tank vessel. The system must sustain the pressure in the vessel’s cargo tanks within this range at any cargo transfer rate less than or equal to the maximum transfer rate determined at the pre-transfer conference.
(c) The pressure measured at the facility vapor connection must be corrected for pressure drops across the vessel’s vapor collection system, vapor collection hose or arm, and vapor line up to the location of the pressure sensor.
(d) The facility vapor connection must have a pressure-sensing device that meets the installation requirements of paragraph (h) of this section, which activates an alarm that meets 33 CFR 154.2100(e) when the pressure at the facility vapor connection exceeds either—
(1) The pressure corresponding to the upper pressure determined in paragraph (b) of this section; or
(2) A lower pressure agreed upon at the pre-transfer conference.
(e) If a facility draws vapor from a vessel with a vapor-moving device, the facility vapor connection must have a pressure-sensing device, which activates an alarm meeting 33 CFR 154.2100(e) when the pressure at the facility vapor connection falls below either—
(1) The pressure corresponding to the lower pressure determined in paragraph (b) of this section; or
(2) A higher pressure agreed upon at the pre-transfer conference.
(f) The facility vapor connection must have a pressure-sensing device, independent of the device used to activate the alarm required by paragraph (d) of this section, meeting the installation requirements of paragraph (h) of this section, which activates the emergency shutdown system required by 33 CFR 154.550 when the pressure at the facility vapor connection exceeds the lower of the following:
(1) A pressure corresponding to 90 percent of the vessel’s lowest pressure relief valve setting, corrected for pressure drops across the vessel’s vapor collection system, the vapor collection hose or arm, and any vapor line up to the point where the pressure sensor is located;
(2) A pressure corresponding to 90 percent of the setting of the pressure relief valve at the facility vapor connection, if the facility vapor connection is installed with a pressure relief valve; or
(3) A lower pressure than the pressure in paragraphs (f)(1) and (f)(2) of this section that is agreed upon at the pre-transfer conference.
(g) If a facility draws vapors from a vessel with a vapor-moving device, the facility vapor connection must have a pressure-sensing device, independent of the device used to activate the alarm required by paragraph (e) of this section, which closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the vacuum at the facility vapor connection is more than the higher (lesser vacuum) of the following:
(1) A vacuum corresponding to 90 percent of the vessel’s highest vacuum relief valve setting;
(2) A vacuum corresponding to 90 percent of the setting of the vacuum relief valve at the facility vapor connection, if the facility vapor connection is installed with a vacuum relief valve; or
(3) A lesser vacuum than the vacuum in paragraphs (g)(1) and (g)(2) of this section that is agreed upon at the pre-transfer conference.
(h) The pressure-sensing devices required by paragraphs (d) and (f) of this section must be located in the vapor collection line between the facility vapor connection and the following:
(1) Any isolation valve, unless an interlock is provided that prevents operation of the system when the isolation valve is closed; and
(2) Any components that could plug and cause a blockage in the vapor line.
(i) A pressure-indicating device must be provided that displays the pressure in the vapor collection line between the facility vapor connection and any isolation valve or any devices which could cause a blockage in the vapor line.
(j) If a facility draws vapor from the vessel with a vapor-moving device capable of drawing more than 1 pound per square inch (psi) vacuum, a vacuum relief valve must be installed in the vapor collection line between the vapor-moving device and the facility vapor connection, which—
(1) Relieves at a predetermined pressure such that the pressure at the facility vapor connection is maintained at −1.0 psig (1.0 psig vacuum) or less vacuum;
(2) Has a relieving capacity equal to or greater than the capacity of the vapor-moving device;
(3) Has a flame arrester or flame screen fitted at the vacuum relief opening; and
(4) Has been tested for relieving capacity in accordance with paragraph 1.5.1.3 of API 2000 (incorporated by reference, see 33 CFR 154.106) with a flame arrester or flame screen fitted.
(k) When a facility collects cargo vapor through an extensive length of vapor piping, such as an undersea pipeline from a vessel moored offshore, before reaching the first pressure sensor and vacuum relief valve, the vacuum relief valve may be set at a vacuum greater than 1 psi vacuum, provided the pressure controls take into account the pressure drop across the vessel’s vapor collection system, any vapor collection hoses, and the vapor piping as a function of the actual transfer rate.
(l) If the pressure in the vapor collection system can exceed 1.5 psig during a malfunction of a pressure regulator or control valve in an inerting, enriching, or diluting system, a pressure relief valve must—
(1) Be located between where the inerting, enriching, or diluting gas is introduced into the vapor collection system and the facility vapor connection;
(2) Relieve at the higher of the following two pressures:
(i) A pressure such that the pressure at the facility vapor connection does not exceed 1.5 psig; or
(ii) The lowest pressure relief valve setting of vessels that control vapors at the facility;
(3) Have a relieving capacity equal to or greater than the maximum capacity of the facility inerting, enriching, or diluting gas source flowing through the failed pressure regulator or control valve, taking into account the pressure drops across any flame arrester or discharge piping fitted at the relief valve’s discharge;
(4) Have a flame arrester or flame screen fitted at the discharge opening, if the design does not secure a minimum vapor discharge velocity of 30 meters (98.4 feet) per second; and
(5) Have been tested for relieving capacity in accordance with paragraph 1.5.1.3 of API 2000.
(m) The relieving capacity test required by paragraph (l)(5) of this section must be carried out with a flame screen fitted at the discharge opening if—
(1) The design of the pressure relief valve does not secure a minimum vapor discharge velocity of 30 meters (98.4 feet) per second; and
(2) The discharge is not fitted with a flame arrester.
(n) A facility that collects vapors emitted from vessel cargo tanks while inerting, padding, or purging cargo tanks must—
(1) Provide a pressure-sensing device that activates an alarm meeting 33 CFR 154.2100(e) when the pressure of the inerting, padding, or purging gas exceeds either the pressure corresponding to the higher pressure determined in paragraph (b) of this section or a lower pressure agreed upon at the pre-transfer conference;
(2) Provide a pressure-sensing device, independent of the device required by paragraph (n)(1) of this section, which automatically stops the flow of inerting, padding, or purging gas to the vessel when the pressure of the inerting, padding, or purging gas exceeds 90 percent of the lowest setting of any pressure relief valve on the vessel; and
(3) Locate the pressure-sensing devices required by paragraphs (n)(1) and (n)(2) of this section in the inerting, padding, or purging gas piping downstream of any devices in the gas piping that could potentially isolate the vessel from the sensing devices.
§ 154.2104 Pigging system.
(a) If a pigging system is used to clear cargo in the cargo lines to the tank vessel while the vessel is connected to the facility vapor control system (VCS), the pigging system must be designed with the following safety features:
(1) A bypass loop installed in the main liquid cargo line that contains the pig-receiving device, through which all the liquid flow is channeled during pigging operations. The pig must act as a seal to separate the vessel from the compressed inert gas that is used to propel it as the pig travels from the pig launcher to the pig-receiving device;
(2) A mechanism for restricting liquid and gas flow so that the vessel, personnel, and environment are not endangered. The compressed inert gas flow capacity that this mechanism secures must not be more than 95 percent of the combined capacity of all vessel and facility VCS relief valves located upstream of the facility’s remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a);
(3) A fast-action automatic shutoff valve such as a solenoid valve, which closes on a high-pressure signal from the pressure sensor required by 33 CFR 154.2103(f), located in the liquid bypass loop downstream of the pig-receiving device;
(4) An interlock with the main cargo line manual block valve so that line-clearing operations cannot begin unless the main cargo line manual block valve is closed; and
(5) An automatic means to detect arrival of the pig at the pig-receiving device.
(b) If a cargo line clearance system without using pigging is used to clear cargo in the cargo lines to the tank vessel while the vessel is connected to the facility VCS, the cargo line clearance system must be approved by the Commandant.
§ 154.2105 Fire, explosion, and detonation protection.
This section applies only to facilities that control vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) A vapor control system (VCS) with a single facility vapor connection that receives inerted cargo vapor from a vessel and processes it with a vapor recovery unit must—
(1) Be capable of inerting the vapor collection line in accordance with 33 CFR 154.2107(a) before receiving the vessel’s vapor and have at least one oxygen analyzer, which satisfies the requirements of 33 CFR 154.2107(f)(1) and (2), (g), and (h)(2) and (3), sampling the vapor concentration continuously at a point as close as practicable to the facility vapor connection. The total pipe length between the analyzer and the facility vapor connection must not exceed 6 meters (19.7 feet); or
(2) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source.
(b) A VCS with a single facility vapor connection that receives only inerted cargo vapor from a vessel and processes it with a vapor destruction unit must—
(1) Satisfy the requirements of paragraph (a)(1) of this section and have a detonation arrester located as close as practicable to the facility vapor connection. The oxygen analyzer required by paragraph (a)(1) can be located 4 meters (13.1 feet) downstream of the detonation arrester. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or
(2) Have an inerting system that meets the requirements of 33 CFR 154.2107.
(c) A VCS with a single facility vapor connection that receives vapor from a vessel with cargo tanks that are not inerted or are partially inerted, and processes it with a vapor recovery unit must—
(1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(d) A VCS with a single facility vapor connection that receives vapor from a vessel with cargo tanks that are not inerted or are partially inerted, and processes the vapor with a vapor destruction unit must—
(1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and
(2) Have an inerting, enriching, or diluting system that satisfies the requirements of 33 CFR 154.2107.
(e) A VCS with multiple facility vapor connections that receives vapor from vessels with cargo tanks that carry inerted, partially inerted, non-inerted, or combinations of inerted, partially inerted, and non-inerted cargoes, and processes them with a vapor recovery unit, must have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source.
(f) A VCS with multiple facility vapor connections that receives only inerted cargo vapor from vessels and processes it with a vapor destruction unit must—
(1) Satisfy the requirements of paragraph (a)(1) of this section for each facility vapor connection and have a detonation arrester located as close as practicable to each facility vapor connection. The oxygen analyzer required by paragraph (a)(1) can be located 4 meters (13.1 feet) downstream of the detonation arrester. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(g) A VCS with multiple facility vapor connections that receives vapor from vessels with non-inerted or partially inerted cargoes, and processes the vapor with a vapor destruction unit must—
(1) Have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(h) A VCS with multiple facility vapor connections that simultaneously receives vapor from vessels with inerted, partially inerted, and non-inerted cargoes, and processes the vapor with a vapor destruction unit must—
(1) Have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and
(2) Have either an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107, or a base loading system that meets the requirements of 33 CFR 154.2107(m).
(i) A VCS that uses a vapor balancing system in which cargo vapor from a vessel or facility storage tank is transferred through the facility vapor collection system to facility storage tanks or a vessel must meet the requirements of 33 CFR 154.2110.
(j) Each outlet of a VCS that vents to the atmosphere, except for a discharge vent from a vapor destruction unit or relief valve installed to comply with 33 CFR 154.2103(j) and (k) or 33 CFR 154.2203(e), (k), and (l), must have one of the following located at the outlet:
(1) A detonation arrester;
(2) An end-of-line flame arrester that meets ASTM F 1273 (incorporated by reference, see 33 CFR 154.106); or
(3) An end-of-line flame arrester that meets UL 525 (incorporated by reference, see 33 CFR 154.106) if—
(i) The discharge vent stream’s total flammable concentration is proven to be less than 50 percent of the lower flammable limit, or the stream’s oxygen concentration is proven to be less than 70 percent by volume of the MOCC, at all times by an outlet concentration analyzer for carbon beds, proof of correct operating temperature for refrigeration systems, or proof of scrubbing medium flow for scrubbers; and
(ii) The proving devices in paragraph (j)(2)(i) of this section close the remotely operated cargo vapor shutoff valve required in 33 CFR 154.2101(a) and close the automatic liquid cargo loading valve if operating outside the conditions necessary to maintain the discharge vent non-combustible.
§ 154.2106 Detonation arresters installation.
This section applies only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) Detonation arresters must be installed in accordance with the guidelines outlined in the arrester manufacturer’s acceptance letter provided by the Coast Guard.
(b) On either side of a detonation arrester, line size expansions must be in a straight pipe run and must be no closer than 120 times the pipe’s diameter from the detonation arrester unless the manufacturer has test data to show the expansion can be closer.
§ 154.2107 Inerting, enriching, and diluting systems.
This section applies only to facilities that control vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) Before receiving cargo vapor, a vapor control system (VCS) that uses a gas for inerting, enriching, or diluting must be capable of inerting, enriching, or diluting the vapor collection system, at a minimum of two system volume exchanges of inerting, enriching, or diluting gas, downstream of the injection point.
(b) A VCS that uses an inerting, enriching, or diluting system must be equipped, except as permitted by 33 CFR 154.2105(a), with a gas injection and mixing arrangement located as close as practicable to the facility vapor connection and no closer than 10 meters (32.8 feet) upstream from the vapor processing unit or the vapor-moving device that is not protected by a detonation arrester required by 33 CFR 154.2108(b). The total pipe length between the arrangement and the facility vapor connection must not exceed 22 meters (72.2 feet). The arrangement must be such that it provides complete mixing of the gases within 20 pipe diameters of the injection point. The vapor piping between the arrangement and the facility vapor connection must be protected from any potential internal or external ignition source.
(c) A VCS that uses an inerting or enriching system may not be operated at a vacuum after the injection point unless—
(1) There are no vacuum relief valves or other devices that could allow air into the vapor collection system downstream of the injection point, and pipe connections are flanged, threaded, or welded so no air can leak into the VCS; or
(2) An additional analyzer is used to monitor the vapor concentration downstream of such device and a mechanism is provided to inject additional inerting or enriching gas.
(d) A VCS that uses analyzers to control the amount of inerting, enriching, or diluting gas injected into the vapor collection line must be equipped with at least two analyzers. The analyzers must be connected so that—
(1) When two oxygen analyzers are used, the higher oxygen concentration reading controls the inerting or enriching system and activates the alarm and automatic shutdown system required by paragraph (h), (j), or (k)(2) of this section;
(2) When voting systems using more than two oxygen analyzers are used, the majority pair controls the inerting or enriching system and activates the alarm and automatic shutdown system required by paragraph (h), (j), or (k)(2) of this section;
(3) When two hydrocarbon analyzers are used, the lower hydrocarbon concentration reading controls the enriching system and activates the alarm and automatic shutdown system required by paragraph (i) of this section;
(4) When voting systems using more than two hydrocarbon analyzers are used, the majority pair controls the enriching system and activates the alarm and automatic shutdown system required by paragraph (i) of this section;
(5) When two hydrocarbon analyzers are used, the higher hydrocarbon concentration reading controls the diluting system and activates the alarm and automatic shutdown system required by paragraph (l) of this section; and
(6) When voting systems using more than two hydrocarbon analyzers are used, the majority pair controls the diluting system and activates the alarm and automatic shutdown system required by paragraph (l) of this section.
(e) A VCS that uses volumetric measurements to control the amount of inerting, enriching, or diluting gas injected into the vapor collection line must be equipped, except as permitted by paragraph (m) of this section, with at least one analyzer to activate the alarms and automatic shutdown systems required by this section.
(f) Each oxygen or hydrocarbon analyzer required by this section must—
(1) Be installed in accordance with API 550 (incorporated by reference, see 33 CFR 154.106);
(2) Have a system response time of not more than one minute from sample input to 95 percent of final stable value as tested per 33 CFR 154.2180 and 33 CFR 154.2181; and
(3) Continuously sample the vapor concentration not more than 30 pipe diameters from the gas injection point.
(g) A VCS must not use oxygen analyzers that operate at elevated temperatures (i.e., zirconia oxide or thermomagnetic).
(h) An inerting system must—
(1) Supply sufficient inert gas to the vapor stream to ensure that the oxygen concentration downstream of the injection point is maintained at or below 60 percent by volume of the minimum oxygen concentration for combustion (MOCC) for the specific combination of cargo vapors and inert gas being processed, which may be determined by using Coast Guard guidance available at http://homeport.uscg.mil;
(2) Activate an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the oxygen concentration in the vapor collection line exceeds 60 percent by volume of the MOCC for the specific combination of cargo vapors and inert gas being processed, which may be determined by using Coast Guard guidance available at http://homeport.uscg.mil;
(3) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the oxygen concentration in the vapor collection line exceeds 70 percent by volume of the MOCC for the specific combination of cargo vapors and inert gas being processed, which may be determined by using Coast Guard VCS guidance available at http://homeport.uscg.mil;
(4) Have a detonation arrester and a mechanism to prevent the backflow of flammable vapors installed between the combustion device and the inert gas injection point, if a combustion device is used to produce the inert gas; and
(5) Have an alarm value in paragraph (h)(2) of this section that is at least one percentage point less than the shutdown value in paragraph (h)(3) of this section. If the analyzers used to measure oxygen concentrations cannot accurately differentiate between the alarm value and the shutoff value, the alarm value must be lowered until the analyzers become operable.
(i) An enriching system must—
(1) Supply sufficient compatible hydrocarbon vapor to the vapor stream to make sure that the total flammable concentration downstream of the injection point is maintained either at or above 170 percent by volume of the upper flammable limit or above the upper flammable limit plus 10 percentage points, whichever is lower;
(2) Activate an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the total flammable concentration in the vapor collection line either falls below 170 percent by volume of the upper flammable limit or below the upper flammable limit plus 10 percentage points, whichever is lower;
(3) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the total flammable concentration in the vapor collection line either falls below 150 percent by volume of the upper flammable limit or below the upper flammable limit plus 7.5 percentage points, whichever is lower; and
(4) Have an upper flammable limit listed in paragraphs (i)(1), (i)(2), and (i)(3) of this section which is either the cargo’s upper flammable limit or the enriching gas’s upper flammable limit, whichever is higher. Alternatively, the mixture’s upper flammable limit, which may be determined by using methods found in Coast Guard guidance available at http://homeport.uscg.mil, may be used.
(j) Oxygen analyzers may be used instead of hydrocarbon analyzers in a VCS using an enriching system that receives cargo vapor only from a vessel with non-inerted cargo tanks, providing that the analyzers—
(1) Activate an alarm satisfying the requirements of 33 CFR 154.2100(e) when the oxygen concentration in the vapor collection line exceeds a level corresponding to either a total flammable concentration of 170 percent by volume of the upper flammable limit or the upper flammable limit plus 10 percentage points, whichever yields a higher oxygen concentration;
(2) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the oxygen concentration in the vapor collection line exceeds a level corresponding to either a total flammable concentration of 150 percent by volume of the upper flammable limit or the upper flammable limit plus 7.5 percentage points, whichever yields a higher oxygen concentration;
(3) Have an alarm value in paragraph (j)(1) of this section that is at least one percentage point less than the shutdown value in paragraph (j)(2) of this section. If the oxygen analyzers used to measure oxygen concentrations cannot accurately differentiate between the alarm value and the shutdown value, the alarm value must be lowered until the analyzers become operable; and
(4) Have an upper flammable limit listed in paragraphs (j)(1) and (j)(2) of this section which is either the cargo’s upper flammable limit or the enriching gas’s upper flammable limit, whichever is higher. Alternatively, the mixture’s upper flammable limit, which may be determined by using methods found in Coast Guard VCS guidance available at http://homeport.uscg.mil, may be used.
(k) An enriching system may be used in a VCS that receives inerted cargo vapor from a vessel if—
(1) Hydrocarbon analyzers are used to comply with paragraphs (i)(2) and (i)(3) of this section; or
(2) Oxygen analyzers are used, in which case the analyzers must—
(i) Activate an alarm meeting 33 CFR 154.2100(e) when the oxygen concentration in the vapor collection line exceeds 60 percent by volume of the MOCC for the specific combination of cargo vapors and gases; and
(ii) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the oxygen concentration exceeds 70 percent by volume of the MOCC for the specific combination of cargo vapors and gases; and
(3) The MOCC in paragraphs (k)(2)(i) and (k)(2)(ii) of this section is either the cargo’s MOCC or the enriching gas’s MOCC, whichever is lower. Alternatively, the mixture’s MOCC, which may be determined using Coast Guard VCS guidance available at http://homeport.uscg.mil, may be used.
(l) An air dilution system must—
(1) Supply a sufficient amount of additional air to the vapor stream to keep the total flammable concentration downstream of the injection point below 30 percent by volume of the lower flammable limit;
(2) Activate an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the total flammable concentration in the vapor collection line exceeds 30 percent by volume of the lower flammable limit; and
(3) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the total flammable concentration in the vapor collection line exceeds 50 percent by volume of the lower flammable limit.
(m) An enriching system may use a base loading method to control the amount of enriching gas in a vapor collection system if—
(1) The flow rate of enriching gas is determined by assuming the vapor entering the facility vapor connection consists of 100 percent air;
(2) Two independent devices are used to verify the correct enriching gas volumetric flow rate. One of the two devices must be a flow meter;
(3) One of the devices activates an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the amount of enriching gas added results in a total flammable concentration in the vapor collection line either below 170 percent by volume of the upper flammable limit or below the upper flammable limit plus 10 percentage points, whichever is lower;
(4) The second device activates closure of the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) when the amount of enriching gas added results in a total flammable concentration in the vapor collection line either below 150 percent by volume of the upper flammable limit or below the upper flammable limit plus 7.5 percentage points, whichever is lower; and
(5) The upper flammable limit in paragraphs (m)(3) and (4) of this section is either the cargo’s upper flammable limit or the enriching gas’s upper flammable limit, whichever is higher. Alternatively, the mixture’s upper flammable limit, which may be determined using Coast Guard guidance available at http://homeport.uscg.mil, may be used.
(n) For controlling vapors of different cargoes at multiple berths while using enriching gas, the highest upper flammable limit or the lowest MOCC of the cargo or enriching gas, whichever is applicable, is used to determine the analyzer alarm and shutdown setpoints. Alternatively, the mixture’s upper flammable limit or MOCC, which may be determined by using Coast Guard guidance available at http://homeport.uscg.mil, may be used.
(o) For controlling vapors of inert and non-inert cargoes at multiple berths while using enriching gas—
(1) The lowest MOCC of the cargo or enriching gas is used to determine the analyzer alarm and shutdown setpoints at all berths. Alternatively, the mixture’s MOCC, which may be determined using Coast Guard guidance available at http://homeport.uscg.mil, may be used; or
(2) A base loading method meeting the requirements of paragraph (m) of this section is used for all berths.
§ 154.2108 Vapor-moving devices.
(a) Paragraphs (b) and (e) of this section apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(b) Each inlet and outlet to a vapor-moving device that handles vapor that has not been inerted, enriched, or diluted in accordance with 33 CFR 154.2107 must be fitted with a detonation arrester; however, the outlet detonation arrester may be omitted if the vapor-moving device is within 50 times the pipe’s diameter of the detonation arrester required by 33 CFR 154.2109(a).
(c) If the vapor is handled by a reciprocating or screw-type compressor in the vapor collection system, the compressor must be installed with indicators and audible and visible alarms to warn against the following conditions:
(1) Excessive gas temperature at the compressor outlet;
(2) Excessive cooling water temperature;
(3) Excessive vibration;
(4) Low lube oil level;
(5) Low lube oil pressure; and
(6) Excessive shaft bearing temperature.
(d) If the vapor is handled by a liquid ring-type compressor in the vapor collection system, it must be installed with indicators and audible and visible alarms to warn against the following conditions:
(1) Low level of liquid sealing medium;
(2) Lack of flow of the liquid sealing medium;
(3) Excessive temperature of the liquid sealing medium;
(4) Low lube oil level;
(5) Low lube oil pressure, if pressurized lubricating system; and
(6) Excessive shaft bearing temperature.
(e) If the vapor is handled by a centrifugal compressor, fan, or lobe blower in the vapor collection system, construction of the blades or housing must be one of the following:
(1) Blades or housing of nonmetallic construction;
(2) Blades and housing of nonferrous material;
(3) Blades and housing of corrosion resistant steel;
(4) Ferrous blades and housing with one-half inch or more design tip clearance;
(5) Nonferrous blades and ferrous housing with one-half inch or more design tip clearance; or
(6) Blades of aluminum or magnesium alloy and a ferrous housing with a nonferrous insert sleeve at the periphery of the impeller.
§ 154.2109 Vapor recovery and vapor destruction units.
Paragraphs (a), (b), and (e) of this section apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) The inlet to a vapor recovery unit that receives vapor that has not been inerted, enriched, or diluted in accordance with 33 CFR 154.2107 must be fitted with a detonation arrester.
(b) The inlet to a vapor destruction unit must—
(1) Have a liquid seal that meets the requirements of paragraph (e) of this section, except as specified by paragraph (b)(3) of this section; and
(2) Have two quick-closing stop valves installed in the vapor line. One of them must be installed upstream of the detonation arrester required by paragraph (c)(2) of this section. The quick-closing stop valves must—
(i) Close within 30 seconds after detection of a condition that requires the closing of these two quick-closing stop valves by a control component required by this subpart for a vapor control system (VCS) with a vapor destruction unit;
(ii) Close automatically if the control signal is lost;
(iii) Have a local valve position indicator or be designed so that the valve position is readily determined from the valve handle or valve stem position; and
(iv) If the valve seat is fitted with resilient material, be a Category A valve as defined by 46 CFR 56.20-15 and not allow appreciable leakage when the resilient material is damaged or destroyed; and
(3) Instead of a liquid seal as required by paragraph (b)(1) of this section, have the following:
(i) An anti-flashback burner accepted by the Commandant and installed at each burner within the vapor destruction unit; and
(ii) A differential pressure sensor that activates the quick-closing stop valves as required by paragraph (b)(2) of this section upon sensing a reverse flow condition.
(c) A vapor destruction unit must—
(1) Not be within 30 meters (98.8 feet) of any tank vessel berth or mooring at the facility;
(2) Have a detonation arrester fitted in the inlet vapor line; and
(3) Activate an alarm that satisfies the requirements of 33 CFR 154.2100(e) and shut down when a flame is detected on the detonation arrester.
(d) When a vapor destruction unit shuts down or has a flame-out condition, the vapor destruction unit control system must—
(1) Activate and close the quick-closing stop valves required by paragraph (b)(2) of this section;
(2) Close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a); and
(3) Automatically shut down any vapor-moving devices installed in the VCS.
(e) If a liquid seal is installed at the inlet to a vapor destruction unit, then—
(1) The liquid used in the liquid seal must be compatible with the vapors being controlled;
(2) For partially or totally soluble cargoes that can polymerize in solution, there must be an adequate amount of inhibitor in the liquid seal;
(3) The liquid seal must be compatible with the design of the VCS and must not contribute to the flammability of the vapor stream; and
(4) The liquid seal must have a low-level alarm and a low-low level shutdown.
§ 154.2110 Vapor balancing requirements.
Paragraphs (a)(2) and (4), (b), and (c) of this section apply only to facilities transferring vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) A vapor control system (VCS) that uses a vapor balancing system in which cargo vapor is transferred from a vessel cargo tank or facility storage tank through the facility vapor collection system to a facility storage tank or vessel cargo tank must—
(1) Have facility storage tank high-level alarm systems and facility storage tank overfill control systems, independent of the high-level alarm system, arranged to prevent the cargo from entering the vapor return line;
(2) Have a detonation arrester located within the storage tank containment area and a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source;
(3) Meet the overpressure and over-vacuum protection requirements of 33 CFR 154.2103; and
(4) As an alternative to paragraph (a)(2) of this section, inert cargo systems can meet the requirements of 33 CFR 2105(a)(1).
(b) A vapor balancing system, while in operation to transfer vapor to or from a vessel cargo tank and connected by way of the facility storage tank vent to a facility’s main VCS with a vapor destruction unit, must have—
(1) A means to prevent backflow of vapor from the facility’s main VCS to the marine vapor line; and
(2) Two fail-safe, quick-closing valves installed in the marine vapor line at the facility storage tank that automatically close when—
(i) Flame is detected on the facility storage tank; or
(ii) The temperature of the facility storage tank’s vapor space reaches 177 °C (350 °F) or 70 percent of the vapor’s auto-ignition temperature in degrees Celsius, whichever is lower.
(c) Transferring vapor from a non-inerted facility storage tank to a vessel cargo tank that is required to be inerted in accordance with 46 CFR 32.53, 153.500, or Table 151.05, is prohibited.
(d) A vapor balancing system that transfers vapor to a vessel cargo tank must not use a vapor-moving device to assist vapor transfer or inject inerting, enriching, or diluting gas into the vapor line without approval from the Commandant.
§ 154.2111 Vapor control system connected to a facility’s main vapor control system.
(a) When a marine vapor control system (VCS), or a marine vapor collection system, is connected to a facility’s main VCS serving other facility processing areas that are not related to tank vessel operations, the marine vapor line, before the point where the marine VCS connects to the facility’s main VCS, must be fitted with—
(1) A detonation arrester, unless both the marine VCS and the facility’s main VCS only control vapors of cargoes that are non-flammable, non-combustible, or that have high flashpoints;
(2) Two fail-safe, quick closing valves, one on each side of any detonation arrester required by paragraph (a)(1) of this section, which automatically close when—
(i) A flame is detected on the detonation arrester;
(ii) The facility’s marine VCS is not in operation; or
(iii) Vapor back flow to the marine vapor line is detected; and
(3) A means to prevent backflow of vapors to the marine vapor line.
(b) Vapors from facility processing areas unrelated to tank vessel operations must not enter the vapor line of a marine VCS before the devices required by paragraph (a) of this section.
(c) Except as specified by paragraph (d) of this section, a facility that wants to connect a facility vapor line, which collects vapor from other facility processing areas that are not related to tank vessel operations, to a marine VCS before the devices required by 33 CFR 154.2109(b)(1) and (2) and (c)(2), must receive approval in writing from the Commandant.
(d) A facility may connect a facility vapor line, which collects vapor from other facility processing areas that are not related to tank vessel operations, to a marine vapor line downstream of the devices required by 33 CFR 154.2109(b)(1) and (2) and (c)(2) to share the marine vapor destruction unit.
§ 154.2112 Vapors with potential to polymerize or freeze—Special requirements.
(a) A vapor control system (VCS) that controls vapors with the potential to polymerize at a normal ambient condition must—
(1) Be designed to prevent condensation of monomer vapor. Methods such as heat tracing and insulation are permitted if they do not result in an increased risk of polymerization;
(2) Be designed so that polymerization can be detected. Any points suspected of being sites for potential polymerization buildup must be equipped with inspection openings; and
(3) Include devices to measure the pressure drop across detonation arresters due to polymerization. The devices should activate an alarm on high pressure drop to warm of polymerization. Any device used for this purpose, including differential pressure monitors, must not have the capability of transmitting a detonation across the detonation arrester.
(b) A VCS that controls cargo vapors that potentially freeze at ambient temperature must have a design that prevents the freezing of vapors or condensate at ambient temperature or that detects and removes the liquid condensate and solids to prevent accumulation.
§ 154.2113 Alkylene oxides—Special requirements.
A vapor control system (VCS) that controls vapors of an alkylene oxide, except for carriage under 46 CFR part 151 (listed in Table 151.05 with “Pressure” entry in the “Cargo identification, Pressure, b” column), must comply with paragraphs (a) and (b) of this section.
(a)(1) The VCS’s equipment, hoses, piping, and all piping components, including valves, flanges, and fittings, must be of a type and constructed out of materials suitable for use with alkylene oxide;
(2) The VCS used for collecting an alkylene oxide vapor must not be used for collecting other vapors and must be separated from any other VCS, except as specified by paragraph (b) of this section; and
(b) The VCS must be adequately cleaned in accordance with 33 CFR 154.2150(p) and either recertified by a certifying entity or approved by a marine chemist if—
(1) The VCS is used to control other vapors; or
(2) The VCS is returned to alkylene oxide service after being used to control other cargo vapors.
Transfer Facilities—Operations
§ 154.2150 General requirements.
(a) No transfer operation using a vapor control system (VCS) may be conducted unless the facility operator has a copy of the facility operations manual, with the VCS addendum, marked by the local Coast Guard Captain of the Port (COTP) as required by 33 CFR 154.325(d).
(b) Personnel in charge of a facility must ensure that—
(1) The facility controls vapor only from cargoes that are properly authorized for vapor control in the facility’s certification letter;
(2) The facility transfers vapor only to or from a vessel that has its certificate of inspection or certificate of compliance endorsed in accordance with 46 CFR 39.1013 or 46 CFR 39.1015 for each cargo intended for transfer; and
(3) If the vessel tanks to be vapor controlled contain vapor from previous cargo transfers other than the cargo or cargoes intended for transfer, the facility and vessel must be authorized to control the additional vapor from the previous cargo transfers. Any oxygen or hydrocarbon analyzer alarm and shutdown setpoints must be set to accommodate all of the cargo vapors.
(c) The facility personnel in charge must ensure that safety system testing is conducted as follows:
(1) Pressure sensors, alarms, and automatic shutdown systems required by 33 CFR 154.2103, 154.2107, and 154.2110, except as exempted by paragraph (c)(2) or specified by paragraph (c)(3) of this section, must be tested by applying altering test pressures at the sensors not more than 24 hours before each transfer;
(2) The pressure sensors required by 33 CFR 154.2103 may meet the requirements of the test program contained in 33 CFR 154.2180 and 33 CFR 154.2181 instead of the current program, which mandates tests within 24 hours before each transfer as required by paragraph (c)(1) of this section;
(3) Visible and audible alarm indicators must be tested not more than 24 hours before each transfer;
(4) The analyzers, except for flammability analyzers, required by 33 CFR 154.2105, 154.2107, and 154.2110, except as exempted by paragraph (c)(5) of this section, must be checked for calibration response by using a zero gas and a span gas not more than 24 hours before each transfer;
(5) The analyzers required by 33 CFR 154.2105, 154.2107, and 154.2110 may be checked for calibration response by use of a zero gas and a span gas as defined by the test program contained in 33 CFR 154.2180 and 33 CFR 154.2181, and comply with the minimum requirements as defined in 33 CFR 154.2180 and 33 CFR 154.2181, instead of the test required by paragraph (c)(4) of this section; and
(6) The vacuum and pressure relief valves required by 33 CFR 154.2103 must be manually checked per manufacturers’ instructions to verify that the valves unseat easily and then reset to the closed position without constraint. Any required flame screens or flame arresters must also be visually checked to ensure that they are not damaged.
(d) The proper position of all valves in the vapor line between the vessel’s tanks and the facility vapor collection system must be verified before the start of the transfer operation.
(e) A tank barge overfill control system that meets the requirements of 46 CFR 39.2009(a)(2) must—
(1) Not be connected to an overfill sensor circuit that exceeds the system’s rated inductance and capacitance; and
(2) Be tested for proper operation after connection is made with the vessel by simulating liquid high level and overfill at each tank.
(f) When receiving vapor from a vessel with cargo tanks that are required to be inerted in accordance with 46 CFR 32.53, 46 CFR 153.500, or 46 CFR Table 151.05, the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) must not be opened until the pressure at the facility vapor connection, downstream of the facility vapor connection, exceeds 0.2 pounds per square inch gauge (psig).
(g) The initial cargo transfer rate must not exceed the rate agreed upon at the pre-transfer conference and 46 CFR 39.3001(g).
(h) The cargo transfer rate must not exceed the maximum allowable transfer rate as determined by the lesser of the following:
(1) A transfer rate corresponding to the maximum vapor processing rate for the VCS, as specified in the facility operations manual; or
(2) The vessel’s maximum transfer rate in accordance with 46 CFR 39.3001(d).
(i) While transferring cargo to a vessel connected to a VCS, compressed air or gas may be used to clear cargo hoses and loading arms, but must not be used to clear cargo lines. However, compressed inert gas such as nitrogen can be used to clear cargo lines if a pigging system that meets 33 CFR 154.2104 is provided.
(j) If a pigging system is used to clear cargo lines to the tank vessel while the vessel is connected to the facility VCS, the following operational requirements apply:
(1) The VCS must be in operation, with all of the high-pressure alarms and shutdowns required by 33 CFR 154.2103 active, before and during pigging operations;
(2) Personnel performing the pigging operation must be adequately trained on the specific pigging system being used. Accurate written procedures that address event sequence, equipment, safety precautions, and overpressurization hazards must be made available to all personnel involved in the pigging operations;
(3) Pigging procedures must be reviewed by both the vessel and facility personnel in charge as part of the pre-transfer conference. Topics of discussion during the pre-transfer conference must include, but need not be limited to—
(i) Event sequence;
(ii) Equipment;
(iii) Safety precautions;
(iv) Overpressurization hazards;
(v) Personnel roles;
(vi) Gas volumetric flow rates;
(vii) Gas pressures;
(viii) Volume of residual cargo in the line;
(ix) Amount of ullage space that is available for line displacement and connections;
(x) Valve alignment;
(xi) Units of measure;
(xii) Terminology; and
(xiii) Anticipated duration of the evolution;
(4) The pig must be inspected to ensure that it is of sufficient durability and condition; be of an appropriate size, type, and construction for the intended operation; and be inspected for defects before each use and replaced if necessary;
(5) Personnel performing pigging operations must monitor pig movement at all times. The facility and vessel manifold valves must be closed immediately after the pig reaches the pig-receiving device; and
(6) If the pigging system contains pressure-sensing, relieving, or alarming components in addition to those required by 33 CFR 154.2103, the components must be periodically tested in accordance with paragraphs (c) and (q) of this section.
(k) If one or more analyzers required by 33 CFR 154.2107(d) or (e) or 154.2110 become inoperable during a transfer operation, the operation may continue, provided that at least one analyzer remains operational; however, no further transfer operations may start until all inoperable analyzers are replaced or repaired.
(l) Whenever a condition results in a shutdown of the VCS, the emergency shutdown system required by 33 CFR 154.550 must be automatically activated to terminate cargo loading into tanks which are being vapor controlled.
(m) If it is suspected that a flare in the VCS has had a flashback, or if a flame is detected on a detonation arrester required by 33 CFR 154.2109(c)(2), the transfer operation must stop and cannot restart until that detonation arrester and any quick-closing stop valves downstream of the detonation arrester are inspected and found to be in satisfactory condition.
(n) Before each transfer operation, the freezing point of each cargo must be determined. If there is a possibility that the ambient air temperature during transfer operations will be at or below the freezing point of the cargo, adequate precautions must be taken to prevent freezing of vapor or condensate, or to detect and remove the frozen liquid and condensation to prevent accumulation.
(o) Before each transfer operation, the cargo vapor must be evaluated to determine its potential to polymerize, and adequate precautions must be taken to prevent and detect polymerization of the cargo vapors.
(p) Mixing of incompatible vapors is prohibited. The VCS piping, equipment, hoses, valves, and arresters must be purged between vapor control operations that involve incompatible chemical vapors in accordance with the following:
(1) Chemical compatibility must be determined by using the procedures contained in 46 CFR part 150;
(2) Purge gas must be an inert gas, air, or enriching gas, and must be adequate to reduce the level of residual vapor to a level at which reaction with the subsequent vapor cannot occur; and
(3) The required duration of purge time must be calculated and approved by the certifying entity during the certification or recertification.
(q) After each transfer operation, the VCS piping, equipment, hoses, valves, and arresters must be purged with at least two-system volume exchanges of non-reactive gas or air so the VCS is left with a safe condition.
(r) VCS equipment and instrumentation must be tested in compliance with 33 CFR 156.170(g) or (i), with the COTP or designated representative invited to observe these tests. The test procedure and a checklist must be approved by the certifying entity during the initial certification of the system and incorporated into the facility operations manual.
(s) A transfer operation that includes collection of vapor emitted to or from a vessel’s cargo tanks must meet the transfer requirements of 33 CFR 156.120(aa), and a declaration of inspection meeting the requirements of 33 CFR 156.150 must be completed before each transfer.
Alternative Analyzer and Pressure Sensor Reliability Testing
§ 154.2180 Alternative testing program—Generally.
(a) As an alternative to complying with the vapor control system (VCS) analyzer and pressure sensor safety testing requirements provided by 33 CFR 154.2150(c) and 33 CFR 154.2250(c), the facility person in charge may administer a reliability assurance test program in accordance with this section and 33 CFR 154.2181.
(b) As used in this section—
(1) Calibration drift or CD means the difference in the analyzer output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place;
(2) Calibration error or CE means the difference between the gas concentration exhibited by the gas analyzer and the known concentration of the cylinder gas;
(3) Response time or RT means the time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recording system displays 95 percent of the final stable value; and
(4) Sampling system bias or SSB means the difference between the gas concentrations indicated by the measurement system when a known cylinder gas is introduced at or near the sampling probe and when the same gas is introduced directly to the analyzer.
(c) All analyzers used in a VCS must be tested for safety system functions, CE, CD, RT, and SSB, in accordance with 33 CFR 154.2181.
(d) All pressure sensors/switches used in a VCS must be tested for safety system functions, CE and CD, in accordance with 33 CFR 154.2181.
(e) The facility person in charge must ensure the following:
(1) Calibration of instrumentation using standard procedures provided by the manufacturer or service provider;
(2) Monitoring of all interlocks, alarms, and recording devices for proper operation while instrumentation is being calibrated;
(3) Use of a certified gas standard that is within plus or minus two (2) percent of its certified concentration to calibrate the analyzers; and
(4) Use of a certified secondary standard that is standardized against a primary standard to calibrate the pressure sensors/switches.
(f) Upon failing any test under 33 CFR 154.2181, the facility person in charge must ensure that all monthly and quarterly tests, including CE, CD, RT, and SSB, are conducted; and until all quarterly tests are completed, the person in charge must ensure that the vapor control alarms and automatic shutdown system are tested no more than 24 hours prior to any transfer or tank barge cleaning operation.
(g) Analyzers required by 33 CFR 154.2105(a) and (j) and 154.2107(d) and (e) must be checked for calibration using a zero gas and a span gas.
(h) The facility operator must maintain and make available upon the request of the Commandant and the certifying entity that certifies the VCS the following reliability assurance test program documents for two years:
(1) All test procedures;
(2) The dates of all tests, type of tests made, and who conducted the tests;
(3) Results of the tests, including the “as found” and “as left” conditions; and
(4) A record of the date and time of repairs made.
§ 154.2181 Alternative testing program—Test requirements.
(a) The safety system function test required by 33 CFR 154.2180 must be performed once every two weeks and test for the proper operation and interaction of the analyzer or pressure sensor/switch with shutdown interlocks, and audible and visible alarm devices.
(b) The calibration error (CE) test required by 33 CFR 154.2180 must be performed once every month and documented as shown in Forms 154.2181(b)(2) and 154.2181(b)(3) of this section, to document the accuracy and linearity of the monitoring equipment for the entire measurement range.
(1) The CE test must expose the measurement system, including all monitoring components (e.g., sample lines, filters, scrubbers, conditioners, and as much of the probe as practicable), to the calibration gases, introduced through an injection port located so as to allow a check of the entire measurement system when calibration gases are introduced;
(2) The CE test must check the calibrated range of each analyzer using a lower (zero) and upper (span) reference gas standard. Three measurements must be taken against each standard and recorded as shown in Form 154.2181(b)(2) of this section, with the average of the three values in each case then used to calculate the CE according to this equation (where CE = percentage calibration error based upon span of the instrument, R = reference value of zero or high-level calibration gas introduced into the monitoring system, A = actual monitoring system response to the calibration gas, and S = span of the instrument):
| Calibration value | Monitor response | Difference | ||
|---|---|---|---|---|
| Zero | Span | |||
| 1-Zero | ||||
| 1-Span | ||||
| 2-Zero | ||||
| 2-Span | ||||
| 3-Zero | ||||
| 3-Span | ||||
| Mean Difference = | ||||
| Calibration Error = | % | % | ||
(3) The CE test must check each pressure sensor/switch for upscale (activate) and downscale (deactivate) hysteresis around the sensor/switch set pressure. The calibration error must be calculated and recorded as shown in Form 154.2181(b)(3) of this section. Test the pressure sensor/switch three times and record the desired setting and the as-found set pressure. Calculate and record the difference of the two settings. Calculate the error percentage using this equation (where CE = percentage calibration error based upon span of the instrument, R = reference setting of the instrument, A = actual response as recorded on the test instrument, and S = span of the instrument):
(c) The calibration drift (CD) test required by 33 CFR 154.2180 must be performed once every quarter and documented as shown in Form 154.2181(c)(3) of this section, to verify the ability of the instrument to conform to the established calibration.
(1) The CD measurement must be conducted once daily for 7 consecutive days without making any adjustments to the instruments.
(2) Conduct the CD test at zero level (between 0 and 20 percent of the instrument span) and at high level (between 75 and 95 percent of the instrument span).
(3) Calculate and record the CD for 7 consecutive days using the equations in paragraphs (b)(2) and (3) of this section and Form 154.2181(c)(3) of this section.
| Day | Day/time | Reference value (RV) | Monitor value | Difference | Percent of RV |
|---|---|---|---|---|---|
| Low-Level: | |||||
| High-Level: | |||||
(d) The response time (RT) test required by 33 CFR 154.2180 must be performed once every quarter and documented as shown in Form 154.2181(d) of this section, to determine the RT which is the largest average response time in the upscale or downscale direction.
(1) For systems that normally operate below 20 percent of calibrated range, only a span (upscale) test is required.
(2) Record the span (upscale) value, zero (downscale) cylinder gas value, and stable, initial process-measured variable value.
(3) Determine the step change, which is equal to the average difference between the initial process-measured variable value and the average final stable cylinder gas-measured value.
(4) To determine both upscale and downscale step change intervals—
(i) Inject span (or zero) cylinder gas into the sample system as close to the sample probe as possible. Existing systems that inject the gas at the analyzer box do not need to be modified. However, the gas transit time between the analyzer box and the sample probe must be taken into account;
(ii) Allow the analyzer to stabilize and record the stabilized value. A stable reading is achieved when the concentration reading deviates less than 6 percent from the measured average concentration in 6 minutes or if it deviates less than 2 percent of the monitor’s span value in 1 minute;
(iii) Stop the span (or zero) gas flow, allow the monitor to stabilize back to the measured variable value, and record the stabilized value; and
(iv) Repeat this procedure a total of three times and subtract the average final monitor reading from the average starting monitor value to determine the average upscale (or downscale) step change.
(5) Determine the response time, which is equal to the elapsed time at which 95 percent of the step change occurred.
(i) To find this value, take 5 percent of the average step change value and subtract the result from the cylinder gas analyzed value as shown in the following equation:
(ii) Inject span (or zero) cylinder gas into the sample system as close to the sample probe as possible, and measure the time it takes to reach the 95 percent step change value.
(iii) Repeat the previous step (paragraph (d)(5)(ii) of this section) a total of three times each with span and zero cylinder gas to determine average upscale and downscale response times.
(iv) Compare the response times achieved for the upscale and downscale tests. The longer of these two times equals the response time for the analyzer.
(e) The sample system bias (SSB) test required by 33 CFR 154.2180 must be performed once every quarter and documented, to establish that the system has no additional influence on the measurement being made by the analyzer.
(1) Conduct a close CE test in accordance with paragraph (b) of this section, by injecting calibration gas as close as possible to the analyzer, eliminating as much of the sample system components as possible, while still simulating the normal source operating conditions.
(2) If system integrity is maintained, and it has not become contaminated, the difference between the close and standard CE tests should be the same.
(f) For CE and CD tests, analyzers and pressure sensors must meet the following minimum compliance requirements:
(1) Oxygen analyzers must not deviate from the reference value of the zero- or high-level calibration gas by more than 0.5 percent of full scale;
(2) Total hydrocarbon analyzers must not deviate from the reference value of the zero- or high-level calibration gas by more than 1 percent of full scale; and
(3) Pressure sensors/switches must not deviate from the reference value of the zero- or high-level calibration gas by more than 1.5 percent of full range.
(g) For RT tests, each oxygen or hydrocarbon analyzer must respond, in less than 1 minute, to 95 percent of the final stable value of a test span gas.
(h) For SSB tests, the analyzer system bias must be less than 5 percent of the average difference between the standard CE test and the close CE test, divided by the individual analyzer span.
Tank Barge Cleaning Facilities—VCS Design and Installation
§ 154.2200 Applicable transfer facility design and installation requirements.
A tank barge cleaning facility’s (TBCF’s) vapor control system (VCS) must meet the following design and installation requirements of this subpart for a transfer facility’s VCS:
(a) 33 CFR 154.2100(b), (c), (f), (g), (i), (j), and (k): general design and installation requirements;
(b) 33 CFR 154.2102: facility requirements for vessel liquid overfill protection, if a TBCF receives vapor from a tank barge that is required by 46 CFR 39.6001(f)(3) to be equipped with a liquid overfill protection arrangement and meet 46 CFR 39.2009;
(c) 33 CFR 154.2106: detonation arrester installation;
(d) 33 CFR 154.2107: inerting, enriching, and diluting systems;
(e) 33 CFR 154.2108: vapor-moving devices;
(f) 33 CFR 154.2109: vapor recovery and vapor destruction units;
(g) 33 CFR 154.2111: VCS connected to a facility’s main VCS;
(h) 33 CFR 154.2112: special requirements for vapors with the potential to polymerize or freeze; and
(i) 33 CFR 154.2113: special requirements for alkylene oxides.
§ 154.2201 Vapor control system—general requirements.
(a) Vapor control system (VCS) design and installation must eliminate potential overpressure and vacuum hazards, sources of ignition, and mechanical damage to the maximum practicable extent. Each remaining hazard source that is not eliminated must be specifically addressed in the protection system design and system operational requirements.
(b) Any pressure, flow, or concentration indication required by this part must provide a remote indicator on the facility where the VCS is controlled, unless the local indicator is clearly visible and readable from the operator’s normal position at the VCS control station.
(c) Any condition requiring an alarm as specified in this part must activate an audible and visible alarm where the VCS is controlled.
(d) A mechanism must be developed and used to eliminate any liquid from the VCS.
(e) A liquid knockout vessel must be installed between the facility vapor connection and any vapor-moving device in systems that have the potential for two-phase (vapor/liquid) flow from the barge or the potential for liquid condensate to form as a result of the enrichment process. The liquid knockout vessel must have—
(1) A means to indicate the level of liquid in the device;
(2) A high liquid level sensor that activates an alarm that satisfies the requirements of 33 CFR 154.2100(e); and
(3) A high-high liquid level sensor that closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) and shuts down any vapor-moving device before liquid is carried over to the vapor-moving device. One sensor with two stages may be used to meet this requirement as well as paragraph (e)(2) of this section.
§ 154.2202 Vapor line connections.
(a) 33 CFR 154.2101(a), (e), and (g) apply to a tank barge cleaning facility’s (TBCF’s) vapor control system (VCS).
(b) The remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) must be located upstream of the liquid knockout vessel required by 33 CFR 154.2201(e).
(c) A fluid displacement system must have a remotely operated shutoff valve installed in the fluid injection supply line between the point where the inert gas or other medium is generated and the fluid injection connection. The valve must comply with 33 CFR 154.2101(a)(1) through (6).
(d) Each hose used for transferring vapors must—
(1) Have a design burst pressure of at least 25 pounds per square inch gauge (psig);
(2) Have a maximum allowable working pressure (MAWP) no less than 5 psig;
(3) Be capable of withstanding at least the maximum vacuum rating of the vapor-moving device without collapsing or constricting;
(4) Be electrically continuous, with a maximum resistance of 10,000 ohms;
(5) Have flanges with a bolthole arrangement complying with the requirements for Class 150 ANSI B16.5 flanges (incorporated by reference, see 33 CFR 154.106);
(6) Be abrasion and kinking resistant; and
(7) Be compatible with vapors being transferred.
(e) Fixed vapor collection arms must meet the requirements of paragraph (d) of this section.
§ 154.2203 Facility requirements for barge vapor overpressure and vacuum protection.
In this section, the requirements of having a flame arrester or a flame screen at the opening of a pressure relief valve or a vacuum relief valve apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) A facility vapor collection system must have a capacity for collecting cleaning facility vapors at a rate of no less than 1.1 times the facility’s maximum allowable gas-freeing rate, plus any inerting, diluting, or enriching gas that may be added to the system.
(b) A facility vapor control system (VCS) must be designed to prevent the pressure in a vessel’s cargo tanks from going below 80 percent of the highest setting of any of the barge’s vacuum relief valves or exceeding 80 percent of the lowest setting of any of the barge’s pressure relief valves. The VCS must be capable of maintaining the pressure in the barge’s cargo tanks within this range at any gas-freeing rate less than or equal to the maximum gas-freeing rate determined by the requirements in 46 CFR 39.6007(c).
(c) A fluid displacement system must provide a pressure-sensing device that activates an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the pressure at the fluid injection connection exceeds either the pressure corresponding to the upper pressure determined in paragraph (b) of this section or a lower pressure agreed upon by the facility and barge persons in charge. The pressure-sensing device must be located in the fluid displacement system’s piping downstream of any devices that could potentially isolate the barge’s vapor collection system from the pressure-sensing device. The pressure measured by the sensing device must be corrected for pressure drops across any barge piping, hoses, or arms that are used to inject the fluid.
(d) A fluid displacement system must provide a pressure-sensing device that is independent of the device required by paragraph (c) of this section. This pressure-sensing device must activate the fluid displacement system emergency shutdown and close the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a). It must also close the remotely operated shutoff valve required by 33 CFR 154.2202(c) when the pressure at the fluid injection connection reaches a corresponding 90 percent of the lowest setting of any pressure relief valve on the barge. The pressure-sensing device must be located in the fluid displacement system’s piping downstream of any device that could potentially isolate the barge’s VCS from the pressure-sensing device. The pressure measured by the sensing device must be corrected for pressure drops across any barge piping, hoses, or arms that are used to inject the fluid.
(e) If a vapor-moving device capable of drawing more than 0.5 pounds per square inch gauge (psig) vacuum is used to draw vapor, air, inert gas, or other medium from the barge, a vacuum relief valve must be installed on the facility’s fixed vapor collection system piping between the facility vapor connection and the vapor-moving device. The vacuum relief valve must—
(1) Relieve at a pressure such that the pressure at the facility vapor connection is maintained at or above 14.2 pounds per square inch absolute (psia) (−0.5 psig);
(2) Have a relieving capacity equal to or greater than the maximum capacity of the vapor-moving device;
(3) Have a flame arrester or flame screen fitted at the vacuum relief opening;
(4) Have been tested for relieving capacity in accordance with paragraph 1.5.1.3 of API 2000 (incorporated by reference, see 33 CFR 154.106), with a flame arrester or flame screen fitted; and
(5) Be constructed of materials compatible with the vapors being gas-freed.
(f) The vacuum relief valve requirements of paragraph (e) of this section may include a valve to isolate it from the facility vapor collection piping, provided—
(1) The isolation valve must be interlocked with any vapor-moving device such that the vapor-moving device cannot activate unless the isolation valve is in the full open position (i.e., the vacuum relief valve is not isolated); and
(2) The isolation valve can only be closed after the facility person in charge has acknowledged that the hatch opening required by 33 CFR 154.2250(i) is open and secured.
(g) If a vapor-moving device capable of drawing more than 0.5 psig vacuum is used to draw vapor, air, inert gas, or other medium from the barge, the facility must install portable, intrinsically safe, pressure-sensing devices on any cargo tank, or on the common vapor header, at the connection required by 46 CFR 39.6003(b) before any cleaning operation begins on the tank. A pressure-sensing device must be provided that—
(1) Activates an alarm that satisfies 33 CFR 154.2100(e) when the pressure in the cargo tank being cleaned falls below 80 percent of the highest setting of any of the barge’s vacuum relief valves, or a higher pressure agreed upon by the facility and barge persons in charge; and
(2) Activates the emergency shutdown system for the vapor-moving device and closes the remotely operated cargo vapor shutoff valve described in 33 CFR 154.2101(a) when the pressure in the cargo tank being cleaned falls below 90 percent of the highest setting of any of the barge’s vacuum relief valves, or a higher pressure agreed upon by the facility and barge persons in charge. This pressure-sensing device must be independent of the device used to activate an alarm required by paragraph (g)(1) of this section.
(h) The pressure-sensing devices required by paragraph (g) of this section must—
(1) Have suitable means, such as approved intrinsic safety barriers that are able to accept passive devices, so that the under-pressure alarm circuits of the barge side of the under-pressure control system, including cabling, normally closed switches, and pin and sleeve connectors, are intrinsically safe;
(2) Be connected to the under-pressure alarm system by a four-wire, 16-ampere shielded flexible cable; and
(3) Have cable shielding grounded to the under-pressure alarm system.
(i) A pressure-indicating device must be provided within 6 meters (19.7 feet) of the facility vapor connection which displays the pressure in the vapor collection line upstream of any isolation valve and any devices, such as strainers, that could cause a blockage in the vapor line.
(j) A fluid displacement system must include a pressure-indicating device that displays the pressure in the fluid displacement system injection line. This device must be within 6 meters (19.7 feet) of the fluid injection connection.
(k) If a fluid displacement system used to inject inert gas or another medium into the cargo tank of a barge being gas-freed is capable of producing a pressure greater than 2 psig, a pressure relief valve must be installed in the fluid displacement system injection line between the fluid injection source and the fluid injection connection that—
(1) Relieves at a predetermined pressure such that the pressure in the fluid displacement system at the fluid injection connection does not exceed 1.5 psig;
(2) Has a relieving capacity equal to or greater than the maximum volumetric flow capacity of the fluid displacement system;
(3) Has a flame screen or flame arrester fitted at the relief opening; and
(4) Has been tested for relieving capacity in accordance with paragraph 1.5.1.3 of API 2000, when fitted with a flame screen or flame arrester.
(l) When using the fluid displacement system, if the pressure in the facility’s fixed vapor collection system can exceed 2 psig during a malfunction in an inerting, enriching, or diluting system, a pressure relief valve must—
(1) Be installed between the point where inerting, enriching, or diluting gas is added to the facility’s fixed vapor collection system piping and the facility vapor connection;
(2) Relieve at a predetermined pressure such that the pressure at the facility vapor connection does not exceed 1.5 psig;
(3) Have a relieving capacity equal to or greater than the maximum capacity of the facility’s inerting, enriching, or diluting gas source;
(4) Have a flame screen or flame arrester fitted at the relief opening;
(5) Have been tested for relieving capacity in accordance with paragraph 1.5.1.3 of API 2000, when fitted with a flame screen or flame arrester; and
(6) Be constructed of materials compatible with the vapors being gas-freed.
(m) For fluid displacement systems, the fluid injection connection must be electrically insulated from the fluid injection source in accordance with OCIMF ISGOTT section 17.5 (incorporated by reference, see 33 CFR 154.106).
(n) If the pressure relief valve is not designed with a minimum vapor discharge velocity of 30 meters (98.4 feet) per second, the relieving capacity test required by paragraphs (k)(4) and (l)(5) of this section must be carried out with a flame screen or flame arrester fitted at the discharge opening.
(o) A pressure indicating device must be provided by the facility for installation at the connection required by 46 CFR 39.6003(b).
§ 154.2204 Fire, explosion, and detonation protection.
This section applies to tank barge cleaning facilities (TBCFs) collecting vapors of flammable, combustible, or non-high flash point liquid cargoes.
(a) A vapor control system (VCS) with a single facility vapor connection that processes vapor with a vapor recovery unit must—
(1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(b) A VCS with a single facility vapor connection that processes vapor with a vapor destruction unit must—
(1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(c) A VCS with multiple facility vapor connections that processes vapor with a vapor recovery unit must have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source.
(d) A VCS with multiple facility vapor connections that processes vapor with a vapor destruction unit must—
(1) Have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and
(2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107.
(e) 33 CFR 154.2105(j) applies to a TBCF’s VCS.
Tank Barge Cleaning Facilities—Operations
§ 154.2250 General requirements.
(a) No tank barge cleaning operation using a vapor control system (VCS) may be conducted unless the facility operator has a copy of the facility operations manual, with the VCS addendum, marked by the local Coast Guard Captain of the Port (COTP) as required by 33 CFR 154.325(d).
(b) The facility person in charge must ensure that a facility can receive vapors only from a barge with a VCS that has been approved by the Coast Guard Marine Safety Center as meeting the requirements of 46 CFR 39.6000.
(c) The facility person in charge must ensure that safety system tests are conducted as follows:
(1) Pressure sensors, alarms, and automatic shutdown systems required by 33 CFR 154.2203, except as exempted by paragraph (c)(2) or as specified by paragraph (c)(3) of this section, must be tested by applying altering test pressures at the sensors not more than 24 hours before each cleaning operation;
(2) The pressure sensors required by 33 CFR 154.2203 may meet the test program in accordance with 33 CFR 154.2180 and 33 CFR 154.2181 instead of the test within 24 hours before each cleaning operation as required by paragraph (c)(1) of this section;
(3) Visible and audible alarm indicators must be tested not more than 24 hours before each cleaning operation;
(4) The analyzers, except for flammability analyzers, required by 33 CFR 154.2105(j) and 154.2107, except as exempted by paragraph (c)(5) of this section, must be checked for calibration response by use of a zero gas and a span gas not more than 24 hours before each cleaning operation;
(5) The analyzers required by 33 CFR 154.2105(j) and 154.2107 may be checked for calibration response by use of a zero gas and a span gas as defined by the test program contained in 33 CFR 154.2180 and 33 CFR 154.2181, and comply with the minimum requirements as defined in 33 CFR 154.2180 and 33 CFR 154.2181, instead of as provided by paragraph (c)(4) of this section; and
(6) The vacuum and pressure relief valves required by 33 CFR 154.2203 must be manually checked per manufacturers’ instructions to verify that the valves unseat easily and then reset to the closed position without constraint. Any required flame screens or flame arresters must also be visually checked to ensure that they are not damaged.
(d) The facility person in charge must verify the following before beginning cleaning operations:
(1) Each valve in the vapor collection system between the barge’s cargo tank and the facility vapor collection system is correctly positioned to allow the collection of vapors;
(2) A vapor collection hose or arm is connected to the barge’s vapor collection system;
(3) The electrical insulating devices required by 33 CFR 154.2101(g) and 154.2203(m) are installed;
(4) The maximum allowable gas-freeing rate as determined by the lesser of the following:
(i) A gas-freeing rate corresponding to the maximum vapor processing rate for the tank barge cleaning facility’s (TBCF’s) VCS, as specified in the facility operations manual; or
(ii) The barge’s maximum gas-freeing rate determined in accordance with 46 CFR 39.6007(c);
(5) The gas-freeing rate will not exceed the maximum allowable gas-freeing rate as determined in paragraph (d)(4) of this section;
(6) The maximum allowable stripping rate is determined and does not exceed the volumetric capacity of the barge’s vacuum relief valve at the valve’s setpoint for the cargo tank being stripped;
(7) The barge’s maximum and minimum operating pressures;
(8) Each vapor collection hose has no unrepaired or loose covers, kinks, bulges, soft spots, or any other defects that would permit the discharge of vapor through the hose material; and no external gouges, cuts, or slashes that penetrate the first layer of hose reinforcement;
(9) The freezing point of each cargo. If there is a possibility that the ambient air temperature during cleaning operations will be at or below the freezing point of the cargo, adequate precautions have been taken to prevent freezing of vapor or condensate, or to detect and remove the frozen liquid and condensate to prevent accumulation; and
(10) The cargo vapor is evaluated for the potential to polymerize, and adequate precautions have been taken to prevent and detect polymerization of the cargo vapors.
(e) VCS equipment and instrumentation must be tested in compliance with 33 CFR 156.170(g) or (i), with the COTP or designated representative invited to observe these tests. The test procedure and a checklist must be approved by the certifying entity during the initial certification of the system and incorporated into the facility operations manual.
(f) If one or more analyzers required by 33 CFR 154.2107(d) or (e) become inoperable during gas-freeing operations, the operation may continue, provided that at least one analyzer remains operational; however, no further gas-freeing operations may be started until all inoperable analyzers are repaired or replaced.
(g) Whenever a condition results in a shutdown of the VCS, the cleaning operations must be immediately terminated. The operation may not resume until the cause of the shutdown has been investigated and corrective action taken.
(h) If it is suspected that a flare in the VCS has had a flashback, or if a flame is detected on a detonation arrester required by 33 CFR 154.2109(c)(2), the cleaning operation must be stopped and may not resume until the detonation arrester and any quick-closing stop valves downstream of the detonation arrester have been inspected and found to be in satisfactory condition.
(i) If a vacuum displacement system is used for gas-freeing, the facility person in charge of the cleaning operation must verify the following items:
(1) The minimum amount of open area for air flow on the barge has been determined so that the pressure in the cargo tank cannot be less than 14.5 pounds per square inch absolute (psia) (−0.2 pounds per square inch gauge (psig)) at the maximum flow capacity of the vapor-moving device;
(2) Any hatch or fitting providing the minimum open area has been secured open so that accidental closure is not possible; and
(3) The hatch and/or fitting must be opened before the pressure in the cargo tank falls below 10 percent of the highest setting of any of the barge’s vacuum relief valves.
(j) 33 CFR 154.2150(p) and (q) apply to a TBCF’s VCS.
Appendix A to Part 154—Guidelines for Detonation Flame Arresters
This appendix contains the draft ASTM standard for detonation flame arresters. Devices meeting this standard will be accepted by the Commandant (CG-ENG).
1. Scope
1.1 This standard provides the minimum requirements for design, construction, performance and testing of detonation flame arresters.
2. Intent
2.1 This standard is intended for detonation flame arresters protecting systems containing vapors of flammable or combustible liquids where vapor temperatures do not exceed 60 °C. For all tests, the test media defined in 14.1.1 can be used except where detonation flame arresters protect systems handling vapors with a maximum experimental safe gap (MESG) below 0.9 millimeters. Detonation flame arresters protecting such systems must be tested with appropriate media (the same vapor or a media having a MESG no greater than the vapor). Various gases and their respective MESG are listed in attachment 1.
2.2 The tests in this standard are intended to qualify detonation flame arresters for all in-line applications independent of piping configuration provided the operating pressure is equal to or less than the maximum operating pressure limit specified in the manufacturer’s certification and the diameter of the piping system in which the detonation arrester is to be installed is equal to or less than the piping diameter used in the testing.
Detonation flame arresters meeting this standard as Type I devices, which are certified to be effective below 0 °C and which can sustain three stable detonations without being damaged or permanently deformed, also comply with the minimum requirements of the International Maritime Organization, Maritime Safety Committee Circular No. 373 (MSC/Circ. 373/Rev.1).
3. Applicable Documents
3.1 ASTM Standards
3.2 ANSI Standards
3.3 Other Documents
3.3.1 ASME Boiler and Pressure Vessel Code
3.3.2 International Maritime Organization, Maritime Safety Committee
3.3.3 International Electrotechnical Commission
4. Terminology
4.1 Δ P/P
4.2 Deflagration—A combustion wave that propagates subsonically (as measured at the pressure and temperature of the flame front) by the transfer of heat and active chemical species to the unburned gas ahead of the flame front.
4.3 Detonation—A reaction in a combustion wave propagating at sonic or supersonic (as measured at the pressure and temperature of the flame front) velocity. A detonation is stable when it has a velocity equal to the speed of sound in the burnt gas or may be unstable (overdriven) with a higher velocity and pressure.
4.4 Detonation flame arrester—A device which prevents the transmission of a detonation and a deflagration.
4.5 Flame speed—The speed at which a flame propagates along a pipe or other system.
4.6 Flame Passage—The transmission of a flame through a device.
4.7 Gasoline Vapors—A non-leaded petroleum distillate consisting essentially of aliphatic hydrocarbon compounds with a boiling range approximating 65 °C/75 °C.
5. Classification
5.1 The two types of detonation flame arresters covered in this specification are classified as follows:
5.1.1 Type I—Detonation flame arresters acceptable for applications where stationary flames may rest on the device.
5.1.2 Type II—Detonation flame arresters acceptable for applications where stationary flames are unlikely to rest on the device, and further methods are provided to prevent flame passage when a stationary flame occurs. One example of “further methods” is a temperature monitor and an automatic shutoff valve.
6. Ordering Information
6.1 Orders for detonation flame arresters under this specification shall include the following information as applicable:
6.1.1 Type (I or II).
6.1.2 Nominal pipe size.
6 1.3 Each gas or vapor in the system and the corresponding MESG.
6.1.4 Inspection and tests other than specified by this standard.
6.1.5 Anticipated ambient air temperature range.
6.1.6 Purchaser’s inspection requirements (see section 10.1).
6.1.7 Description of installation.
6.1.8 Materials of construction (see section 7).
6.1.9 Maximum flow rate and the maximum design pressure drop for that maximum flow rate.
6.1.10 Maximum operating pressure.
7. Materials
7.1 The detonation flame arrester housing, and other parts or bolting used for pressure retention, shall be constructed of materials listed in ASTM F 1155 (incorporated by reference, see § 154.106), or section VIII, Division 1 of the ASME Boiler and Pressure Vessel Code. Cast and malleable iron shall not be used; however, ductile cast iron in accordance with ASTM A395 may be used.
7.1.1 Arresters, elements, gaskets, and seals must be made of materials resistant to attack by seawater and the liquids and vapors contained in the system being protected (see section 6.1.3).
7.2 Nonmetallic materials, other than gaskets and seals, shall not be used in the construction of pressure retaining components of the detonation flame arrester.
7.2.1 Nonmetallic gaskets and seals shall be non-combustible and suitable for the service intended.
7.3 Bolting materials, other than that of section 7.1, shall be at least equal to those listed in Table 1 of ANSI B16.5 (incorporated by reference, see 33 CFR 154.106).
7.4 The possibility of galvanic corrosion shall be considered in the selection of materials.
7.5 All other parts shall be constructed of materials suitable for the service intended.
8. Other Requirements
8.1 Detonation flame arrester housings shall be gas tight to prevent the escape of vapors.
8.2 Detonation flame arrester elements shall fit in the housing in a manner that will insure tightness of metal-to-metal contacts in such a way that flame cannot pass between the element and the housing.
8.2.1 The net free area through detonation flame arrester elements shall be at least 1.5 times the cross-sectional area of the arrester inlet.
8.3 Housings, elements, and seal gasket materials shall be capable of withstanding the maximum and minimum pressures and temperatures to which the device may be exposed under both normal and the specified fire test conditions in section 14, and shall be capable of withstanding the hydrostatic pressure test of section 9.2.3.
8.4 Threaded or flanged pipe connections shall comply with the applicable B16 standards in ASTM F 1155 (incorporated by reference, see § 154.106). Welded joints shall comply with ASTM F 722 (incorporated by reference, see § 154.106).
8.5 All flat joints of the housing shall be machined true and shall provide for a joint having adequate metal-to-metal contact.
8.6 Where welded construction is used for pressure retaining components, welded joint design details, welding and non-destructive testing shall be in accordance with Section VIII, Division 1, of the ASME Code and ASTM F 722 (incorporated by reference, see § 154.106). Welders and weld procedures shall be qualified in accordance with section IX of the ASME Code.
8.7 The design of detonation flame arresters shall allow for ease of inspection and removal of internal elements for replacement, cleaning or repair without removal of the entire device from the system.
8.8 Detonation flame arresters shall allow for efficient drainage of condensate without impairing their efficiency to prevent the passage of flame. The housing may be fitted with one or more drain plugs for this purpose. The design of a drain plug should be such so that by cursory visual inspection it is obvious whether the drain has been left open.
8.9 All fastenings shall be protected against loosening.
8.10 Detonation flame arresters shall be designed and constructed to minimize the effect of fouling under normal operating conditions.
8.11 Detonation flame arresters shall be capable of operating over the full range of ambient air temperatures anticipated.
8.12 Detonation flame arresters shall be of first class workmanship and free from imperfections which may affect their intended purpose.
8.13 Detonation flame arresters shall be tested in accordance with section 9.
9. Tests
9.1 Tests shall be conducted by an independent laboratory capable of performing the tests. The manufacturer, in choosing a laboratory, accepts that it is a qualified independent laboratory by determining that it has (or has access to) the apparatus, facilities, personnel, and calibrated instruments that are necessary to test detonation flame arresters in accordance with this standard.
9.1.1 A test report shall be prepared by the laboratory which shall include:
9.1.1.1 Detailed drawings of the detonation flame arrester and its components (including a parts list identifying the materials of construction).
9.1.1.2 Types of tests conducted and results obtained. This shall include the maximum temperature reached and the length of testing time in section 14.2 in the case of Type II detonation flame arresters.
9.1.1.3 Description of approved attachments (reference 9.2.6).
9.1.1.4 Types of gases or vapors for which the detonation flame arrester is approved.
9.1.1.5 Drawings of the test rig.
9.1.1.6 Record of all markings found on the tested detonation flame arrester.
9.1.1.7 A report number.
9.2 One of each model Type I and Type II detonation flame arrester shall be tested. Where approval of more than one size of a detonation flame arrester model is desired, only the largest and smallest sizes need be tested provided it is demonstrated by calculation and/or other testing that intermediate size devices have equal or greater strength to withstand the force of a detonation and have equivalent detonation arresting characteristics. A change of design, material, or construction which may affect the corrosion resistance, or ability to resist endurance burning, deflagrations or detonations shall be considered a change of model for the purpose of this paragraph.
9.2.1 The detonation flame arrester shall have the same dimensions, configuration, and most unfavorable clearances expected in production units.
9.2.2 A corrosion test shall be conducted. In this test, a complete detonation flame arrester, including a section of pipe similar to that to which it will be fitted, shall be exposed to a 20% sodium chloride solution spray at a temperature of 25 °C for a period of 240 hours, and allowed to dry for 48 hours. Following this exposure, all movable parts shall operate properly and there shall be no corrosion deposits which cannot be washed off.
9.2.3 The detonation flame arrester shall be subjected to a hydrostatic pressure test of at least 350 psig for ten minutes without rupturing, leaking, or showing permanent distortion.
9.2.4 Flow characteristics as declared by the manufacturer, shall be demonstrated by appropriate tests.
9.2.5 Detonation flame arresters shall be tested for endurance burn and deflagration/detonation in accordance with the test procedures in section 14. Type I detonation flame arresters shall show no flame passage when subjected to both tests. Type II detonation flame arresters shall show no evidence of flame passage during the detonation/deflagration tests in section 14.3. Type II detonation flame arresters shall be tested for endurance burn in accordance with section 14.2. From the endurance burn test of a Type II detonation flame arresters, the maximum temperature reached and the test duration shall be recorded and provided as part of the laboratory test report.
9.2.6 Where a detonation flame arrester is provided with cowls, weather hoods and deflectors, etc., it shall be tested in each configuration in which it is provided.
9.2.7 Detonation flame arresters which are provided with a heating arrangement designed to maintain the surface temperature of the device above 85 °C shall pass the required tests at the maximum heated operating temperature.
9.2.8 Each finished detonation arrester shall be pneumatically tested at 10 psig to ensure there are no defects or leakage.
10. Inspection
10.1 The manufacturer shall afford the purchaser’s inspector all reasonable access necessary to assure that the device is being furnished in accordance with this standard. All examinations and inspections shall be made at the place of manufacture, unless otherwise agreed upon.
10.2 Each finished detonation arrester shall be visually and dimensionally checked to ensure that the device corresponds to this standard, is certified in accordance with section 11 and is marked in accordance with section 12. Special attention shall be given to the checking of welds and the proper fit-ups of joints (see sections 8.5 and 8.6).
11. Certification
11.1 Manufacturer’s certification that a detonation flame arrester meets this standard shall be provided in an instruction manual. The manual shall include as applicable:
11.1.1 Installation instructions and a description of all configurations tested (reference paragraph 9.2.6). Installation instructions to include the device’s limitations.
11.1.2 Operating instructions.
11.1.3 Maintenance requirements.
11.1.3.1 Instructions on how to determine when arrester cleaning is required and the method of cleaning.
11.1.4 Copy of test report (see section 9.1.1).
11.1.5 Flow test data, maximum temperature and time tested (Type II).
11.1.6 The ambient air temperature range over which the device will effectively prevent the passage of flame.
Other factors such as condensation and freezing of vapors should be evaluated at the time of equipment specification.
11.1.7 The maximum operating pressure for which the device is suitable.
12. Marking
12.1 Each detonation flame arrester shall be permanently marked indicating:
12.1.1 Manufacturer’s name or trademark.
12.1.2 Style, type, model or other manufacturer’s designation for the detonation flame arrester.
12.1.3 Size of the inlet and outlet.
12.1.4 Type of device (Type I or II).
12.1.5 Direction of flow through the detonation flame arrester.
12.1.6 Test laboratory and report number.
12.1.7 Lowest MESG of gases that the detonation flame arrester is suitable for.
12.1.8 ASTM designation of this standard.
12.1.9 Ambient air operating temperature range.
12.1.10 Maximum operating pressure.
13. Quality Assurance
13.1 Detonation flame arresters shall be designed, manufactured and tested in a manner that ensures they meet the characteristics of the unit tested in accordance with this standard.
13.2 The detonation flame arrester manufacturer shall maintain the quality of the arresters that are designed, tested and marked in accordance with this standard. At no time shall a detonation flame arrester be sold with this standard designation that does not meet the requirements herein.
14. Test Procedures for Detonation Arresters
14.1 Media/Air Mixtures
14.1.1 For vapors from flammable or combustible liquids with a MESG greater than or equal to 0.9 mm, technical grade hexane or gasoline vapors shall be used for all tests in this section except technical grade propane may be used for the deflagration/detonation tests in section 14.3. For vapors with a MESG less than 0.9 mm, the specific vapor (or alternatively, a media with a MESG less than or equal to the MESG of the vapor) must be used as the test medium in all Section 14 tests.
14.1.2 Hexane, propane, gasoline and other test vapors shall be mixed with air to form the most easily ignitable mixture.
14.2 Endurance Burn Test Procedure
14.2.1 An endurance burning test shall be carried out as follows:
14.2.1.1 The test rig shall consist of an apparatus producing an explosive mixture, a small tank with a diaphragm, a prototype of the detonation flame arrester and a firing source in close proximity to the test device (see Figure 1). The detonation flame arrester shall be installed so that the mixture emission is vertically upwards, or installed in the position for which it is designed and which will cause the most severe heating of the device under the prescribed endurance burn conditions. In this position the mixture shall be ignited.
14.2.1.2 Endurance burn test shall start by using the most easily ignitable test vapor/air mixture with the aid of a pilot flame or a spark igniter at the outlet. The flammable mixture may be reignited as necessary in the course of the endurance burn.
14.2.1.3 Temperature measurement will be performed on the surface of the arrester element half way between the center and its edge.
14.2.1.4 By varying the proportions of the flammable mixture and the flow rate, the detonation flame arrester shall be heated by a stable flame on the surface of the arrester until the highest obtainable temperature is reached on the ignited side or until the temperature on the side which was not ignited (protected side) rises 100 °C.
14.2.1.5 The flammable mixture proportions will then be varied again until the conditions which result in the highest temperature on the protected side are achieved. This temperature shall be maintained for a period of ten minutes, after which the flow shall be stopped and the conditions observed. The highest attainable temperature is considered to have been reached when any subsequent rise of temperature does not exceed 0.5 °C per minute over a ten minute period.
14.2.1.6 If difficulty arises in establishing the highest attainable temperature on the protected side, the following criteria shall apply. When the increase in temperature on the protected side occurs so slowly that its temperature does not rise 100 °C, the conditions which produced the highest temperature on the ignited side of the arrester will be maintained for two hours. For the condition in which the temperature on the protected side continues to rise at a rate in excess of 0.5 °C per minute for a 10 minute period, endurance burning shall be continued, using the most severe conditions of flammable mixtures and flow rate, for a period of two hours. In either of these cases, at the end of the two hour period, the flow shall be stopped and the conditions observed. The two hour interval shall be measured commencing with the setting of the conditions which produced the most severe conditions of mixture and flow rate. For Type I detonation flame arresters, flame passage shall not occur during this test. For Type II detonation flame arresters, the maximum temperature obtained, and the time elapsed from the time when the most severe conditions are set to when flame passage occurs, shall be recorded. However, for Type II detonation flame arresters the test may be terminated 15 minutes after setting the most severe conditions on the protected side.
14.3 Deflagration/Detonation Test Procedure
14.3.1 A detonation flame arrester shall be installed at one end of a pipe of the same diameter as the inlet of the detonation flame arrester (see Figure 2). The length and configuration of the test pipe shall develop a stable detonation
| Nominal pipe diameter (inches) | Restriction diameter (inches) |
|---|---|
| 3 | |
| 4 | |
| 6 | 1 |
| 8 | 1 |
| 10 | 1 |
| 12 | 2 |
| 18 | 2 |
| 24 | 2 |
14.3.2 Flame speeds shall be measured by optical devices capable of providing accuracy of ±5%. These devices shall be situated no more than a distance equal to 3% of the length of the run-up pipe apart with one device no more than 8 inches from the end of the test pipe to which the detonation flame arrester is attached. In addition, each outlet arrangement described in paragraph 14.3.1 shall be fitted with an optical device located no more than 8 inches from the detonation flame arrester outlet.
14.3.3 Explosion pressures within the pipe shall be measured by a high frequency transducer situated in the test pipe no more than 8 inches from the run-up side of the housing of the detonation flame arrester.
14.3.4 Using the first end arrangement (10 pipe diameter outlet) described in paragraph 14.3.1, a series of tests shall be conducted to determine the test pipe length and configuration that results in the maximum unstable (overdriven) detonation having the maximum measured flame speed at the detonation flame arrester. (These tests may also be carried out using a single length of pipe with igniters spaced at varying distances from the arrester.) The flame speeds, explosion pressures and test pipe configurations shall be recorded for each of these tests. The piping configuration that resulted in the highest recorded unstable (overdriven) detonation flame speed shall be used, and the device shall be subjected to at least four additional unstable (overdriven) detonations. In the course of testing, the device shall also demonstrate its ability to withstand five stable detonations, five deflagrations (as determined by flame speed) where Δ P/P
14.3.5 A device that successfully passes the tests of 14.3.4 shall be considered to be directional (suitable for arresting a detonation advancing only from the direction as tested) except;
14.3.5.1 A device may be tested according to 14.3.4 for detonations approaching from either direction, or
14.3.5.2 The design of the device is symmetrical where each end may be considered to be identical when approached by a detonation from either direction.
Attachment 1
| Inflammable gas or vapour | Experimental maximum safe gap | |
|---|---|---|
| mm | in. | |
| Methane | 1.170 | 0.046 |
| Blast furnace gas | 1.193 | 0.047 |
| Propane | 0.965 | 0.038 |
| Butane | 1.066 | 0.042 |
| Pentane | 1.016 | 0.040 |
| Hexane | 0.965 | 0.038 |
| Heptane | 0.965 | 0.038 |
| Iso-octane | 1.040 | 0.041 |
| Decane | 1.016 | 0.040 |
| Benzene | 0.99 | 0.039 |
| Xylene | 1.066 | 0.042 |
| Cyclohexane | 0.94 | 0.037 |
| Acetone | 1.016 | 0.040 |
| Ethylene | 0.71 | 0.028 |
| Methyl-ethyl-ketone | 1.016 | 0.040 |
| Carbon monoxide | 0.915 | 0.036 |
| Methyl-acetate | 0.990 | 0.039 |
| Ethyl-acetate | 1.04 | 0.041 |
| Propyl-acetate | 1.04 | 0.041 |
| Butyl-acetate | 1.016 | 0.040 |
| Amyl-acetate | 0.99 | 0.039 |
| Methyl alcohol | 0.915 | 0.036 |
| Ethyl alcohol | 1.016 | 0.040 |
| Iso-butyl-alcohol | 0.965 | 0.038 |
| Butyl-alcohol (Normal) | 0.94 | 0.037 |
| Amyl-alcohol | 0.99 | 0.039 |
| Ethyl-ether | 0.864 | 0.034 |
| Coal gas (H | 0.482 | 0.019 |
| Acetylene | ≤0.025 | ≤0.001 |
| Carbon disulphide | 0.203 | 0.008 |
| Hydrogen | 0.102 | 0.004 |
| Blue water gas (H | 0.203 | 0.008 |
| Ethyl nitrate | ≤0.025 | ≤0.001 |
| Ammonia | 1 3.33 | 1 0.133 |
| Ethylene oxide | 0.65 | 0.026 |
| Ethyl nitrite | 0.922 | 0.038 |
1 Approximately.
Appendix B to Part 154 [Reserved]
Appendix C to Part 154—Guidelines for Determining and Evaluating Required Response Resources for Facility Response Plans
1.1 The purpose of this appendix is to describe the procedures for identifying response resources to meet the requirements of subpart F of this part. These guidelines will be used by the facility owner or operator in preparing the response plan and by the Captain of the Port (COTP) when reviewing them. Response resources identified in subparts H and I of this part should be selected using the guidelines in section 2 and Table 1 of this appendix.
2.1 All equipment identified in a response plan must be designed to operate in the conditions expected in the facility’s geographic area. These conditions vary widely based on location and season. Therefore, it is difficult to identify a single stockpile of response equipment that will function effectively in each geographic location.
2.2 Facilities handling, storing, or transporting oil in more than one operating environment as indicated in Table 1 of this appendix must identify equipment capable of successfully functioning in each operating environment.
2.3 When identifying equipment for response plan credit, a facility owner or operator must consider the inherent limitations in the operability of equipment components and response systems. The criteria in Table 1 of this appendix should be used for evaluating the operability in a given environment. These criteria reflect the general conditions in certain operating areas.
2.3.1 The Coast Guard may require documentation that the boom identified in a response plan meets the criteria in Table 1. Absent acceptable documentation, the Coast Guard may require that the boom be tested to demonstrate that it meets the criteria in Table 1. Testing must be in accordance with ASTM F 715 (incorporated by reference, see § 154.106), or other tests approved by the Coast Guard.
2.4 Table 1 of this appendix lists criteria for oil recovery devices and boom. All other equipment necessary to sustain or support response operations in the specified operating environment must be designed to function in the same conditions. For example, boats which deploy or support skimmers or boom must be capable of being safely operated in the significant wave heights listed for the applicable operating environment.
2.5 A facility owner or operator must refer to the applicable local contingency plan or ACP, as appropriate, to determine if ice, debris, and weather-related visibility are significant factors in evaluating the operability of equipment. The local contingency plan or ACP will also identify the average temperature ranges expected in the facility’s operating area. All equipment identified in a response plan must be designed to operate within those conditions or ranges.
2.6 The requirements of subparts F, G, H and I of this part establish response resource mobilization and response times. The distance of the facility from the storage location of the response resources must be used to determine whether the resources can arrive on scene within the stated time. A facility owner or operator shall include the time for notification, mobilization, and travel time of response resources identified to meet the maximum most probable discharge and Tier 1 worst case discharge response time requirements. For subparts F and G, tier 2 and 3 response resources must be notified and mobilized as necessary to meet the requirements for arrival on scene in accordance with § 154.1045 or § 154.1047 of subpart F, or § 154.1135 of subpart G, as appropriate. An on water speed of 5 knots and a land speed of 35 miles per hour is assumed unless the facility owner or operator can demonstrate otherwise.
2.7 For subparts F and G, in identifying equipment, the facility owner or operator shall list the storage location, quantity, and manufacturer’s make and model. For oil recovery devices, the effective daily recovery capacity, as determined using section 6 of this appendix must be included. For boom, the overall boom height (draft plus freeboard) should be included. A facility owner or operator is responsible for ensuring that identified boom has compatible connectors.
2.8 For subparts H and I, in identifying equipment, the facility owner or operator shall list the storage location, quantity, and manufacturer’s make and model. For boom, the overall boom height (draft plus freeboard) should be included. A facility owner or operator is responsible for ensuring that identified boom has compatible connectors.
3.1 A facility owner or operator shall identify sufficient response resources available, through contract or other approved means as described in § 154.1028(a), to respond to the average most probable discharge. The equipment must be designed to function in the operating environment at the point of expected use.
3.2 The response resources must include:
3.2.1 1,000 feet of containment boom or two times the length of the largest vessel that regularly conducts oil transfers to or from the facility, whichever is greater, and a means deploying it available at the spill site within 1 hour of the discovery of a spill.
3.2.2 Oil recovery devices with an effective daily recovery capacity equal to the amount of oil discharged in an average most probable discharge or greater available at the facility within 2 hours of the detection of an oil discharge.
3.2.3 Oil storage capacity for recovered oily material indicated in section 9.2 of this appendix.
4.1 A facility owner or operator shall identify sufficient response resources available, by contract or other approved means as described in § 154.1028(a), to respond to discharges up to the maximum most probable discharge volume for that facility. This will require response resources capable of containing and collecting up to 1,200 barrels of oil or 10 percent of the worst case discharge, whichever is less. All equipment identified must be designed to operate in the applicable operating environment specified in Table 1 of this appendix.
4.2 Oil recovery devices identified to meet the applicable maximum most probable discharge volume planning criteria must be located such that they arrive on scene within 6 hours in higher volume port areas (as defined in § 154.1020) and the Great Lakes and within 12 hours in all other areas.
4.3 Because rapid control, containment, and removal of oil is critical to reduce spill impact, the effective daily recovery capacity for oil recovery devices must equal 50 percent of the planning volume applicable for the facility as determined in section 4.1 of this appendix. The effective daily recovery capacity for oil recovery devices identified in the plan must be determined using the criteria in section 6 of this appendix.
4.4 In addition to oil recovery capacity, the plan must identify sufficient quantities of containment boom available, by contract or other approved means as described in § 154.1028(a), to arrive within the required response times for oil collection and containment and for protection of fish and wildlife and sensitive environments. While the regulation does not set required quantities of boom for oil collection and containment, the response plan must identify and ensure, by contract or other approved means as described in § 154.1028(a), the availability of the boom identified in the plan for this purpose.
4.5 The plan must indicate the availability of temporary storage capacity to meet the guidelines of section 9.2 of this appendix. If available storage capacity is insufficient to meet this level, then the effective daily recovery capacity must be derated to the limits of the available storage capacity.
4.6 The following is an example of a maximum most probable discharge volume planning calculation for equipment identification in a higher volume port area: The facility’s worst case discharge volume is 20,000 barrels. Ten percent of this is 2,000 barrels. Since this is greater than 1,200 barrels, 1,200 barrels is used as the planning volume. The effective daily recovery capacity must be 50 percent of this, or 600 barrels per day. The ability of oil recovery devices to meet this capacity will be calculated using the procedures in section 6 of this appendix. Temporary storage capacity available on scene must equal twice the daily recovery rate as indicated in section 9 of this appendix, or 1,200 barrels per day. This is the information the facility owner or operator will use to identify and ensure the availability of, through contract or other approved means as described in § 154.1028(a), the required response resources. The facility owner will also need to identify how much boom is available for use.
5.1 A facility owner or operator shall identify and ensure availability of, by contract or other approved means, as described in § 154.1028(a), sufficient response resources to respond to the worst case discharge of oil to the maximum extent practicable. Section 7 of this appendix describes the method to determine the required response resources.
5.2 Oil spill response resources identified in the response plan and available through contract or other approved means, as described in § 154.1028(a), to meet the applicable worst case discharge planning volume must be located such that they can arrive at the scene of a discharge within the times specified for the applicable response tiers listed in § 154.1045.
5.3 The effective daily recovery capacity for oil recovery devices identified in a response plan must be determined using the criteria in section 6 of this appendix. A facility owner or operator shall identify the storage locations of all response resources that must be used to fulfill the requirements for each tier. The owner or operator of a facility whose required daily recovery capacity exceeds the applicable response capability caps in Table 5 of this appendix shall identify sources of additional equipment, their locations, and the arrangements made to obtain this equipment during a response. The owner or operator of a facility whose calculated planning volume exceeds the applicable contracting caps in Table 5 shall identify sources of additional equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the calculated planning volume, whichever is lower. The resources identified above the cap must be capable of arriving on scene not later than the Tiers 1, 2, and 3 response times in § 154.1045. No contract is required. While general listings of available response equipment may be used to identify additional sources, a response plan must identify the specific sources, locations, and quantities of equipment that a facility owner or operator has considered in his or her planning. When listing Coast Guard classified oil spill removal organization(s) which have sufficient removal capacity to recover the volume above the response capability cap for the specific facility, as specified in Table 5 of this appendix, it is not necessary to list specific quantities of equipment.
5.4 A facility owner or operator shall identify the availability of temporary storage capacity to meet the requirements of section 9.2 of this appendix. If available storage capacity is insufficient to meet this requirement, then the effective daily recovery capacity must be derated to the limits of the availabile storage capacity.
5.5 When selecting response resources necessary to meet the response plan requirements, the facility owner or operator must ensure that a portion of those resources are capable of being used in close-to-shore response activities in shallow water. The following percentages of the on-water response equipment identified for the applicable geographic area must be capable of operating in waters of 6 feet or less depth:
(i) Offshore—10 percent
(ii) Nearshore/inland/Great Lakes/rivers and canals—20 percent.
5.6 In addition to oil spill recovery devices, a facility owner or operator shall identify sufficient quantities of boom that are available, by contract or other approved means as described in § 154.1028(a), to arrive on scene within the required response times for oil containment and collection. The specific quantity of boom required for collection and containment will depend on the specific recovery equipment and strategies employed. A facility owner or operator shall also identify sufficient quantities of oil containment boom to protect fish and wildlife and sensitive environments for the number of days and geographic areas specified in Table 2. Sections 154.1035(b)(4)(iii) and 154.1040(a), as appropriate, shall be used to determine the amount of containment boom required, through contract or other approved means as described in § 154.1028(a), to protect fish and wildlife and sensitive environments.
5.7 A facility owner or operator must also identify, through contract or other approved means as described in § 154.1028(a), the availability of an oil spill removal organization capable of responding to a shoreline cleanup operation involving the calculated volume of oil and emulsified oil that might impact the affected shoreline. The volume of oil that must be planned for is calculated through the application of factors contained in Tables 2 and 3. The volume calculated from these tables is intended to assist the facility owner or operator in identifying a contractor with sufficient resources and expertise. This planning volume is not used explicitly to determine a required amount of equipment and personnel.
6.1 Oil recovery devices identified by a facility owner or operator must be identified by manufacturer, model, and effective daily recovery capacity. These rates must be used to determine whether there is sufficient capacity to meet the applicable planning criteria for the average most probable discharge, maximum most probable discharge, and worst case discharge to the maximum extent practicable.
6.2 For the purpose of determining the effective daily recovery capacity of oil recovery devices, the formula listed in section 6.2.1 of this appendix will be used. This method considers potential limitations due to available daylight, weather, sea state, and percentage of emulsified oil in the recovered material. The Coast Guard may assign a lower efficiency factor to equipment listed in a response plan if it determines that such a reduction is warranted.
6.2.1 The following formula must be used to calculate the effective daily recovery capacity:
6.2.2 For those devices in which the pump limits the throughput of liquid, throughput rate will be calculated using the pump capacity.
6.2.3 For belt or mop type devices, the throughput rate will be calculated using the speed of the belt or mop through the device, assumed thickness of oil adhering to or collected by the device, and surface area of the belt or mop. For purposes of this calculation, the assumed thickness of oil will be
6.2.4 Facility owners or operators including oil recovery devices whose throughput is not measurable using a pump capacity or belt/mop speed may provide information to support an alternative method of calculation. This information must be submitted following the procedures in paragraph 6.3.2 of this appendix.
6.3 As an alternative to 6.2, a facility owner or operator may submit adequate evidence that a different effective daily recovery capacity should be applied for a specific oil recovery device. Adequate evidence is actual verified performance data in spill conditions or tests using ASTM F 631 (incorporated by reference, see § 154.106), or an equivalent test approved by the Coast Guard.
6.3.1 The following formula must be used to calculate the effective daily recovery capacity under this alternative:
6.3.2 A facility owner or operator proposing a different effective daily recovery rate for use in a response plan shall provide data for the oil recovery devices listed. The following is an example of these calculations:
A weir skimmer identified in a response plan has a manufacturer’s rated throughput at the pump of 267 gallons per minute (gpm).
After testing using ASTM procedures, the skimmer’s oil recovery rate is determined to be 220 gpm. The facility owner of operator identifies sufficient response resources available to support operations 12 hours per day.
The facility owner or operator will be able to use the higher rate if sufficient temporary oil storage capacity is available. Determinations of alternative efficiency factors under paragraph 6.2 or alternative effective daily recovery capacities under paragraph 6.3 of this appendix will be made by Commandant (CG-CPE), Attn: Office of Crisis and Contingency Preparedness and Exercise Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516. Response contractors or equipment manufacturers may submit required information on behalf of multiple facility owners or operators directly in lieu of including the request with the response plan submission.
7.1 The facility owner or operator shall plan for a response to a facility’s worst case discharge. The planning for on-water recovery must take into account a loss of some oil to the environment due to evaporative and natural dissipation, potential increases in volume due to emulsification, and the potential for deposit of some oil on the shoreline.
7.2 The following procedures must be used to calculate the planning volume used by a facility owner or operator for determining required on water recovery capacity:
7.2.1 The following must be determined: The worst case discharge volume of oil in the facility; the appropriate group(s) for the type of oil handled, stored, or transported at the facility (non-persistent (Group I) or persistent (Groups II, III, or IV)); and the facility’s specific operating area. Facilities which handle, store, or transport oil from different petroleum oil groups must calculate each group separately. This information is to be used with Table 2 of this appendix to determine the percentages of the total volume to be used for removal capacity planning. This table divides the volume into three categories: Oil lost to the environment; oil deposited on the shoreline; and oil available for on-water recovery.
7.2.2 The on-water oil recovery volume must be adjusted using the appropriate emulsification factor found in Table 3 of this appendix. Facilities which handle, store, or transport oil from different petroleum groups must assume that the oil group resulting in the largest on-water recovery volume will be stored in the tank or tanks identified as constituting the worst case discharge.
7.2.3 The adjusted volume is multiplied by the on-water oil recovery resource mobilization favor found in Table 4 of this appendix from the appropriate operating area and response tier to determine the total on-water oil recovery capacity in barrels per day that must be identified or contracted for to arrive on-scene with the applicable time for each response tier. Three tiers are specified. For higher volume port areas, the contracted tiers of resources must be located such that they can arrive on scene within 6, 30, and 54 hours of the discovery of an oil discharge. For all other river, inland, nearshore, offshore areas, and the Great Lakes, these tiers are 12, 36, and 60 hours.
7.2.4 The resulting on-water recovery capacity in barrels per day for each tier must be used to identify response resources necessary to sustain operations in the applicable operating area. The equipment must be capable of sustaining operations for the time period specified in Table 2 of this appendix. The facility owner or operator must identify and ensure the availability, through contract or other approved means as described in § 154.1028(a), of sufficient oil spill recovery devices to provide the effective daily recovery oil recovery capacity required. If the required capacity exceeds the applicable cap specified in Table 5 of this appendix, then a facility owner or operator shall ensure, by contract or other approved means as described in § 154.1028(a), only for the quantity of resources required to meet the cap, but shall identify sources of additional resources as indicated in § 154.1045(m). The owner or operator of a facility whose planning volume exceeds the cap for 1993 must make arrangements to identify and ensure the availability, through contract or other approved means as described in § 154.1028(a), of the additional capacity in 1998 or 2003, as appropriate. For a facility that handles, stores, or transports multiple groups of oil, the required effective daily recovery capacity for each group is calculated before applying the cap.
7.3 The following procedures must be used to calculate the planning volume for identifying shoreline cleanup capacity:
7.3.1 The following must be determined: The worst case discharge volume of oil for the facility; the appropriate group(s) for the type of oil handled, stored, or transported at the facility (non-persistent (Group I) or persistent (Groups II, III, or IV)); and the operating area(s) in which the facility operates. For a facility storing oil from different groups, each group must be calculated separately. Using this information, Table 2 of this appendix must be used to determine the percentages of the total planning volume to be used for shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning volume must be adjusted to reflect an emulsification factor using the same procedure as described in section 7.2.2.
7.3.3 The resulting volume will be used to identify an oil spill removal organization with the appropriate shoreline cleanup capability.
7.3.4 The following is an example of the procedure described above: A facility receives oil from barges via a dock located on a bay and transported by piping to storage tanks. The facility handles Number 6 oil (specific gravity .96) and stores the oil in tanks where it is held prior to being burned in an electric generating plant. The MTR segment of the facility has six 18-inch diameter pipelines running one mile from the dock-side manifold to several storage tanks which are located in the non-transportation-related portion of the facility. Although the facility piping has a normal working pressure of 100 pounds per square inch, the piping has a maximum allowable working pressure (MAWP) of 150 pounds per square inch. At MAWP, the pumping system can move 10,000 barrels (bbls) of Number 6 oil every hour through each pipeline. The facility has a roving watchman who is required to drive the length of the piping every 2 hours when the facility is receiving oil from a barge. The facility operator estimates that it will take approximately 10 minutes to secure pumping operations when a discharge is discovered. Using the definition of worst case discharge provided in § 154.1029(b)(ii), the following calculation is provided:
| bbls. | |
|---|---|
| 2 hrs + 0.17 hour × 10,000 bbls per hour | 21,700 |
| Piping volume = 37,322 ft 3 ÷ 5.6 ft 3/bbl | + 6,664 |
| Discharge volume per pipe | 28,364 |
| Number of pipelines | × 6 |
| Worst case discharge from MTR facility | 170,184 |
To calculate the planning volumes for onshore recovery:
Conclusion: The facility owner or operator must contract with a response resource capable of managing a 166,780 barrel shoreline cleanup.
To calculate the planning volumes for on-water recovery:
To determine the required resources for on-water recovery for each tier, use the mobilization factors from Table 4:
| Tier 1 | Tier 2 | Tier 3 | |
|---|---|---|---|
| Inland = 119,128 bbls. | × .15 | × .25 | × .40 |
| Barrels per day (pbd) | 17,869 | 29,782 | 47,652 |
Conclusion: Since the requirements for all tiers for inland exceed the caps, the facility owner will only need to contract for 10,000 bpd for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Sources for the bpd on-water recovery resources above the caps for all three Tiers need only be identified in the response plan.
Twenty percent of the capability for Inland, for all tiers, must be capable of operating in water with a depth of 6 feet or less.
The facility owner or operator will also be required to identify or ensure, by contract or other approved means as described in § 154.1028(a), sufficient response resources required under §§ 154.1035(b)(4) and 154.1045(k) to protect fish and wildlife and sensitive environments identified in the response plan for the worst case discharge from the facility.
The COTP has the discretion to accept that a facility can operate only a limited number of the total pipelines at a dock at a time. In those circumstances, the worst case discharge must include the drainage volume from the piping normally not in use in addition to the drainage volume and volume of oil discharged during discovery and shut down of the oil discharge from the operating piping.
8.1. Calculate cumulative dispersant application capacity as follows:
8.1.1 A facility owner or operator must plan either for a dispersant capacity to respond to a facility’s worst case discharge (WCD) of oil, or for the amount of the dispersant resource cap as required by § 154.1045(i)(3) of this chapter, whichever is the lesser amount. When planning for the cumulative application capacity required, the calculations must account for the loss of some oil to the environment due to natural dissipation causes (primarily evaporation). The following procedure must be used to determine the cumulative application requirements:
8.1.2 Determine the WCD volume of oil in gallons and the appropriate oil group for the type of petroleum oil (persistent Groups II, III, and IV). For facilities with mixed petroleum oils, assume a total WCD volume using the group that constitutes the largest portion of the oil being handled or the group with the smallest natural dissipation factor;
8.1.3 Multiply the total WCD amount in gallons by the natural dissipation factor for the appropriate oil group as follows: Group II factor is 0.50; Group III is 0.30; and Group IV is 0.10. This represents the amount of oil that can be expected to be lost to natural dissipation in a nearshore environment. Subtract the oil amount lost to natural dissipation from the total WCD amount to determine the remaining oil available for treatment by dispersant application; and
8.1.4 Multiply the oil available for dispersant treatment by the dispersant-to-oil planning application ratio of 1 part dispersant to 20 parts oil (0.05). The resulting number represents the cumulative total dispersant-application capability that must be ensured available within the first 60 hours.
8.1.5(i) The following is an example of the procedure described in paragraphs 8.1.1 through 8.1.4 above: A facility with a 1,000,000 gallon WCD of crude oil (specific gravity 0.87) is located in an area with pre-authorization for dispersant use in the nearshore environment on the U.S. East Coast:
WCD: 1,000,000 gallons, Group III oil.
Natural dissipation factor for Group III: 30 percent.
General formula to determine oil available for dispersant treatment: (WCD)−[(WCD) × (natural dissipation factor)] = available oil.
E.g., 1,000,000 gal−(1,000,000 gal × .30) = 700,000 gallons of available oil.
Cumulative application capacity = Available oil × planning application ratio (1 gal dispersant/20 gals oil = 0.05).
E.g., 700,000 gal oil × (0.05) = 35,000 gallons cumulative dispersant-application capacity.
(ii) The requirements for cumulative dispersant-application capacity (35,000 gallons) for this facility’s WCD is less than the overall dispersant capability for non-Gulf Coast waters required by § 155.1045(i)(3) of this chapter. Because paragraph 8.1.1 of this appendix requires owners and operators to ensure the availability of the lesser of a facility’s dispersant requirements for WCD or the amount of the dispersant cap provided for in § 154.1045(i)(3), the facility in this example would be required to ensure the availability of 35,000 gallons of dispersant. More specifically, this facility would be required to meet the following tier requirements in § 154.1045(i)(3), which total 35,000 gallons application:
Tier 1—4,125 gallons—Completed in 12 hours.
Tier 2—23,375 gallons—Completed in 36 hours.
Tier 3—7,500 gallons—Completed in 60 hours.
8.2 Determine Effective Daily Application Capacities (EDACs) for dispersant response systems as follows:
8.2.1 EDAC planning estimates for compliance with the dispersant application requirements in § 154.1045(i)(3) are to be based on:
8.2.1.1 The spill occurring at the facility;
8.2.1.2 Specific dispersant application platform operational characteristics identified in the EDSP or as demonstrated by operational tests;
8.2.1.3 Locations of primary dispersant staging sites; and
8.2.1.4 Locations and quantities of dispersant stockpiles.
8.2.2 EDAC calculations with supporting documentation must be submitted to the NSFCC for classification as a Dispersant Oil Spill Removal Organization.
8.2.3(i) EDAC can also be calculated using the Dispersant Mission Planner 2 (EDSP). The EDSP is a downloadable application that calculates EDAC for different dispersant response systems. It is located on the Internet at: http://www.response.restoration.noaa.gov/spilltools.
(ii) The DMP2 contains operating information for the vast majority of dispersant application platforms, including aircraft, both rotary and fixed wing, and vessels. The DMP2 produces EDAC estimates by performing calculations based on performance parameters of dispersant application platforms, locations of primary dispersant staging sites, home-based airport or port locations, and the facility location (for the spill site).
8.2.4 For each Captain of the Port zone where a dispersant response capability is required, the response plan must identify:
8.2.4.1 The type, number, and location of each dispersant-application platform intended for use to meet dispersant delivery requirements specified in § 154.1045(i)(3) of this chapter;
8.2.4.2 The amount and location of available dispersant stockpiles to support each platform; and,
8.2.4.3 A primary staging site for each platform that will serve as its base of operations for the duration of the response.
8.3 In addition to the equipment and supplies required, a facility owner or operator must identify a source of support to conduct the monitoring and post-use effectiveness evaluation required by applicable regional plans and ACPs.
8.4 Identification of the resources for dispersant application does not imply that the use of this technique will be authorized. Actual authorization for use during a spill response will be governed by the provisions of the National Oil and Hazardous Substances Contingency Plan (40 CFR part 300) and the applicable Local or Area Contingency Plan.
9.1 A facility owner or operator is responsible for ensuring that sufficient numbers of trained personnel and boats, aerial spotting aircraft, containment boom, sorbent materials, boom anchoring materials, and other supplies are available to sustain response operations to completion. All such equipment must be suitable for use with the primary equipment identified in the response plan. A facility owner or operator is not required to list these response resources, but shall certify their availability.
9.2 A facility owner or operator shall evaluate the availability of adequate temporary storage capacity to sustain the effective daily recovery capacities from equipment identified in the plan. Because of the inefficiencies of oil spill recovery devices, response plans must identify daily storage capacity equivalent to twice the effective daily recovery rate required on scene. This temporary storage capacity may be reduced if a facility owner or operator can demonstrate by waste stream analysis that the efficiencies of the oil recovery devices, ability to decant waste, or the availability of alternative temporary storage or disposal locations will reduce the overall volume of oily material storage requirement.
9.3 A facility owner or operator shall ensure that his or her planning includes the capability to arrange for disposal of recovered oil products. Specific disposal procedures will be addressed in the applicable ACP.
Table 1—Response Resource Operating Criteria Oil Recovery Devices
| Operating environment | Significant wave height 1 | Sea State |
|---|---|---|
| Rivers and Canals | ≤1 Foot | 1 |
| Inland | ≤3 feet | 2 |
| Great Lakes | ≤4 feet | 2-3 |
| Ocean | ≤6 feet | 3-4 |
| Boom property | Use | |||
|---|---|---|---|---|
| Rivers and canals | Inland | Great Lakes | Ocean | |
| Significant Wave Height 1 | ≤1 | ≤3 | ≤4 | ≤6 |
| Sea State | 1 | 2 | 2-3 | 3-4 |
| Boom height—in. (draft plus freeboard) | 6-18 | 18-42 | 18-42 | ≤42 |
| Reserve Buoyancy to Weight Ratio | 2:1 | 2:1 | 2:1 | 3:1 to 4:1 |
| Total Tensile Strength—lbs. | 4,500 | 15-20,000 | 15-20,000 | ≤20,000 |
| Skirt Fabric Tensile Strength—lbs | 200 | 300 | 300 | 500 |
| Skirt Fabric Tear Strength—lbs | 100 | 100 | 100 | 125 |
1 Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the values listed in Table 1 for each operating environment.
Table 2—Removal Capacity Planning Table
| Spill location | Rivers and canals | Nearshore/inland Great Lakes | Offshore | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Sustainability of on-water oil recovery | 3 Days | 4 Days | 6 Days | ||||||
| Oil group | % Natural dissipation | % Recovered floating oil | % Oil on shore | % Natural dissipation | % Recovered floating oil | % Oil on shore | % Natural dissipation | % Recovered floating oil | % Oil on shore |
| 1 Non-persistent oils | 80 | 10 | 10 | 80 | 20 | 10 | 95 | 5 | / |
| 2 Light crudes | 40 | 15 | 45 | 50 | 50 | 30 | 75 | 25 | 5 |
| 3 Medium crudes and fuels | 20 | 15 | 65 | 30 | 50 | 50 | 60 | 40 | 20 |
| 4 Heavy crudes and fuels | 5 | 20 | 75 | 10 | 50 | 70 | 50 | 40 | 30 |
Table 3—Emulsification Factors for Petroleum Oil Groups
| Non-Persistent Oil: | |
| Group I | 1.0 |
| Persistent Oil: | |
| Group II | 1.8 |
| Group III | 2.0 |
| Group IV | 1.4 |
Table 4—On Water Oil Recovery Resource Mobilization Factors
| Operating Area | Tier 1 | Tier 2 | Tier 3 |
|---|---|---|---|
| Rivers & Canals | .30 | .40 | .60 |
| Inland/Nearshore/Great Lakes | .15 | .25 | .40 |
| Offshore | .10 | .165 | .21 |
Note: These mobilization factors are for total response resources mobilized, not incremental response resources.
Table 5—Response Capability Caps by Operating Area
| Tier 1 | Tier 2 | Tier 3 | |
|---|---|---|---|
| February 18, 1993: | |||
| All except rivers and canals, Great Lakes | 10K bbls/day | 20K bbls/day | 40K bbls/day/ |
| Great Lakes | 5K bbls/day | 10K bbls/day | 20K bbls/day. |
| Rivers and canals | 1,500 bbls/day | 3,000 bbls/day | 6,000 bbls/day. |
| February 18, 1998: | |||
| All except rivers and canals, Great Lakes | 12.5K bbls/day | 25K bbls/day | 50K bbls/day. |
| Great Lakes | 6.25K bbls/day | 12.3K bbls/day | 25K bbls/day. |
| Rivers and canals | 1,875 bbls/day | 3,750 bbls/day | 7,500 bbls/day. |
| February 18, 2003: | |||
| All except rivers & canals & Great Lakes | 12.5K bbls/day | 25K bbls/day | 50K bbls/day. |
| Great Lakes | 6.25K bbls/day | 12.3K bbls/day | 25K bbls/day. |
| Rivers & canals | 1,875 bbls/day | 3,750 bbls/day | 7,500 bbls/day. |
TBD = To be determined.
Appendix D to Part 154—Training Elements for Oil Spill Response Plans
1.1 The portion of the plan dealing with training is one of the key elements of a response plan. This concept is clearly expressed by the fact that Congress, in writing OPA 90, specifically included training as one of the sections required in a vessel or facility response plan. In reviewing submitted response plans, it has been noted that the plans often do not provide sufficient information in the training section of the plan for either the user or the reviewer of the plan. In some cases, plans simply state that the crew and others will be trained in their duties and responsibilities, with no other information being provided. In other plans, information is simply given that required parties will receive the necessary worker safety training (HAZWOPER).
1.2 The training section of the plan need not be a detailed course syllabus, but it must contain sufficient information to allow the user and reviewer (or evaluator) to have an understanding of those areas that are believed to be critical. Plans should identify key skill areas and the training that is required to ensure that the individual identified will be capable of performing the duties prescribed to them. It should also describe how the training will be delivered to the various personnel. Further, this section of the plan must work in harmony with those sections of the plan dealing with exercises, the spill management team, and the qualified individual.
1.3 The material in this appendix D is not all-inclusive and is provided for guidance only.
2.1 To assist in the preparation of the training section of a facility response plan, some of the key elements that should be addressed are indicated in the following sections. Again, while it is not necessary that the comprehensive training program for the company be included in the response plan, it is necessary for the plan to convey the elements that define the program as appropriate.
2.2 An effective spill response training program should consider and address the following:
2.2.1 Notification requirements and procedures.
2.2.2 Communication system(s) used for the notifications.
2.2.3 Procedures to mitigate or prevent any discharge or a substantial threat of a discharge of oil resulting from failure of manifold, mechanical loading arm, or other transfer equipment or hoses, as appropriate;
2.2.3.1 Tank overfill;
2.2.3.2 Tank rupture;
2.2.3.3 Piping rupture;
2.2.3.4 Piping leak, both under pressure and not under pressure, if applicable;
2.2.3.5 Explosion or fire;
2.2.3.6 Equipment failure (e.g., pumping system failure, relief valve failure, or other general equipment relevant to operational activities associated with internal or external facility transfers).
2.2.4 Procedures for transferring responsibility for direction of response activities from facility personnel to the spill management team.
2.2.5 Familiarity with the operational capabilities of the contracted oil spill removal organizations and the procedures to notify the activate such organizations.
2.2.6 Familiarity with the contracting and ordering procedures to acquire oil spill removal organization resources.
2.2.7 Familiarity with the ACP(s).
2.2.8 Familiarity with the organizational structures that will be used to manage the response actions.
2.2.9 Responsibilities and duties of the spill management team members in accordance with designated job responsibilities.
2.2.10 Responsibilities and authority of the qualified individual as described in the facility response plan and company response organization.
2.2.11 Responsibilities of designated individuals to initiate a response and supervise response resources.
2.2.12 Actions to take, in accordance with designated job responsibilities, in the event of a transfer system leak, tank overflow, or suspected cargo tank or hull leak.
2.2.13 Information on the cargoes handled by the vessel or facility, including familiarity with—
2.2.13.1 Cargo material safety data sheets;
2.2.13.2 Chemical characteristic of the cargo;
2.2.13.3 Special handling procedures for the cargo;
2.2.13.4 Health and safety hazards associated with the cargo; and
2.2.13.5 Spill and firefighting procedures for cargo.
2.2.14 Occupational Safety and Health Administration requirements for worker health and safety (29 CFR 1910.120).
In drafting the training section of the facility response plan, some further considerations are noted below (these points are raised simply as a reminder):
3.1 The training program should focus on training provided to facility personnel.
3.2 An organization is comprised of individuals, and a training program should be structured to recognize this fact by ensuring that training is tailored to the needs of the individuals involved in the program.
3.3 An owner or operator may identify equivalent work experience which fulfills specific training requirements.
3.4 The training program should include participation in periodic announced and unannounced exercises. This participation should approximate the actual roles and responsibilities of individual specified in the plan.
3.5 Training should be conducted periodically to reinforce the required knowledge and to ensure an adequate degree of preparedness by individuals with responsibilities under the facility response plan.
3.6 Training may be delivered via a number of different means; including classroom sessions, group discussions, video tapes, self-study workbooks, resident training courses, on-the-job training, or other means as deemed appropriate to ensure proper instruction.
3.7 New employees should complete the training program prior to being assigned job responsibilities which require participation in emergency response situations.
The information in this appendix is only intended to assist response plan preparers in reviewing the content of and in modifying the training section of their response plans. It may be more comprehensive than is needed for some facilities and not comprehensive enough for others. The Coast Guard expects that plan preparers have determined the training needs of their organizations created by the development of the response plans and the actions identified as necessary to increase the preparedness of the company and its personnel to respond to actual or threatened discharges of oil from their facilities.
PART 155—OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS
Additional requirements for vessels carrying oil or hazardous materials are contained in 46 CFR parts 30 through 40, 150, 151, and 153
Subpart A—General
§ 155.100 Applicability.
(a) Subject to the exceptions provided for in paragraph (b) and (c) of this section, this part applies to each ship that:
(1) Is operated under the authority of the United States, wherever located; or
(2) Is operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States.
(b) This part does not apply to:
(1) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in non-commercial service; or
(2) Any other ship specifically excluded by MARPOL 73/78.
(c) Section 155.480 applies to each tank vessel with a cargo capacity of 1,000 or more cubic meters (approximately 6,290 barrels), loading oil or oil reside as cargo that is operated under the authority of the United States, wherever located, or operated under the authority of a country other than the United States while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States.
§ 155.110 Definitions.
Except as specifically stated in a section, the definitions in part 151 of this chapter, except for the word “oil”, and in part 154 of this chapter, apply to this part. The following definition also applies to this part:
Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner’s document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner’s qualification document, certificate of identification, and certificate of service.
§ 155.120 Equivalents.
(a) For ships required to be surveyed under § 151.17 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by both MARPOL 73/78 and subpart B of this part if such fitting, material, appliance, or apparatus is at least as effective as that required by subpart B. Substitution of operational methods to control the discharge of oil in place of those design and construction features prescribed by MARPOL 73/78 that are also prescribed by subpart B of this part is not allowed.
(b) Any equivalent to a feature prescribed by MARPOL 73/78 that is authorized for a ship having an IOPP Certificate is noted on that Certificate.
(c) For tank vessels required to have overfill devices installed under parts 155 and 156 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance, or apparatus to be fitted in a tank vessel as an alternative to the required overfill device(s) that are specified in these parts if the proposed alternative device is at least as effective as that required in the regulations.
§ 155.130 Exemptions.
(a) The Commandant grants an exemption or partial exemption from compliance with any requirement in this part if:
(1) A ship operator submits a written request for an exemption via the COTP or OCMI thirty (30) days before operations under the exemption are proposed unless the COTP or OCMI authorizes a shorter time; and
(2) It is determined from the request that:
(i) Compliance with a specific requirement is economically or physically impractical;
(ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of protection from pollution; and
(iii) The likelihood of discharges occurring as a result of the exemption is minimal.
(b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and the reasons for the exemption and proposed procedures, methods, or equipment standards.
(c) The exemption may specify the procedures, methods, or equipment standards that will apply.
(d) An oceangoing ship is not given an exemption from the requirements of subpart B of this part unless the ship is a hydrofoil, air cushion vehicle or other new type of ship (near-surface craft, submarine craft, etc.) whose constructional features are such as to render the application of any of the provisions of subpart B relating to construction and equipment unreasonable or impractical. The construction and equipment of the ship must provide protection equivalent to that afforded by subpart B of this part against pollution, having regard to the service for which the ship is intended.
(e) An exemption is granted or denied in writing. The decision of the Commandant is a final agency action.
Additional exemptions/temporary waivers related to salvage and marine firefighting requirements can be found in § 155.4055.
§ 155.140 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the
(b) American National Standards Institute, Inc. (ANSI), 25 West 43rd Street, New York, NY 10036, 212-642-4980, http://www.ansi.org/:
(1) ANSI A10.14, Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, 1991 (“ANSI A10.14”), incorporation by reference approved for § 155.230.
(2) [Reserved]
(c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, 877-909-2786, http://www.astm.org:
(1) ASTM F 631-93, Standard Guide for Collecting Skimmer Performance Data in Controlled Environments (“ASTM F 631-93”), incorporation by reference approved for Appendix B.
(2) ASTM F 715-95, Standard Test Methods for Coated Fabrics Used for Oil Spill Control and Storage (“ASTM F 715-95”), incorporation by reference approved for in Appendix B.
(3) [Reserved]
(4) ASTM F1413-07, Standard Guide for Oil Spill Dispersant Application Equipment: Boom and Nozzle Systems, incorporation by reference approved for § 155.1050.
(5) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant-Application Equipment During Spill Response: Boom and Nozzle Systems, incorporation by reference approved for § 155.1050.
(6) ASTM F1779-08, Standard Practice for Reporting Visual Observations of Oil on Water, incorporation by reference approved for § 155.1050.
(d) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom, http://www.imo.org/:
(1) Resolution A.535(13), Recommendations on Emergency Towing Requirements for Tankers, November 17, 1983 (“Resolution A.535(13)”), incorporation by reference approved for § 155.235.
(2) Resolution A.741(18), International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management (ISM) Code), adopted 4 November, 1993, incorporation by reference approved for § 155.5035.
(3) Resolution A.851(20), General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, adopted 27 November, 1997, incorporation by reference approved for § 155.5035.
(4) Resolution MSC.35(63), Adoption of Guidelines for Emergency Towing Arrangement on Tankers, May 20, 1994 (“Resolution MSC.35(63)”), incorporation by reference approved for § 155.235.
(5) Resolution MSC.104(73), Adoption of Amendments to the International Safety Management (ISM) Code, adopted 5 December, 2000, incorporation by reference approved for § 155.5035.
(6) MARPOL Consolidated Edition 2011, Annex I, Regulations for the prevention of pollution by oil, Chapter 3—Requirements for machinery spaces of all ships, Part A-Construction, Regulation 12A, “Oil fuel tank protection”, incorporation by reference approved for § 155.250 (Annex I, Regulation 12A).
(e) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269-7471, 617-770-3000, http://www.nfpa.org/:
(1) NFPA 1001, Standard for Fire Fighter Professional Qualifications, 2008 Edition (“NFPA 1001”), incorporation by reference approved for § 155.4050.
(2) NFPA 1005, Standard for Professional Qualifications for Marine Fire Fighting for Land-Based Fire Fighters, 2007 Edition (“NFPA 1005”), incorporation by reference approved for § 155.4050.
(3) NFPA 1021, Standard for Fire Officer Professional Qualifications, 2003 Edition (“NFPA 1021”), incorporation by reference approved for § 155.4050.
(4) NFPA 1405, Guide for Land-Based Fire Fighters Who Respond to Marine Vessel Fires, 2006 Edition (“NFPA 1405”), incorporation by reference approved for §§ 155.4035 and 155.4050.
(5) NFPA 1561, Standard on Emergency Services Incident Management System, 2008 Edition (“NFPA 1561”), incorporation by reference approved for § 155.4050.
(f) Oil Companies International Marine Forum (OCIMF), 29 Queen Anne’s Gate, London, SW1H 9BU England, http://www.ocimf.com/:
(1) Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988, incorporation by reference approved for § 155.1035.
(2) Ship to Ship Transfer Guide (Petroleum), Fourth Edition, 2005, incorporation by reference approved for § 155.5035.
Subpart B—Vessel Equipment
§ 155.200 Definitions.
As used in this subpart:
Inland oil barge means a tank barge carrying oil in bulk as cargo certificated by the Coast Guard under 46 CFR chapter I, subchapter D for river or canal service or lakes, bays, and sounds service.
On-deck spill means a discharge of oil on the deck of a vessel during loading, unloading, transfer, or other shipboard operations. An on-deck spill could result from a leaking fitting, an overfill, a bad connection, or similar operational mishap. The term on-deck spill is used to differentiate these operational discharges from those caused by collision or grounding where the hull is punctured and a tank is ruptured, resulting in an uncontrolled discharge of oil into the marine environment.
Offshore oil barge means a tank barge carrying oil in bulk as cargo, including dual-mode integrated tug-barges, certificated by the Coast Guard under 46 CFR chapter I, subchapter D, for navigation in waters outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or the Gulf of Mexico; any tank barge in Great Lakes service; or any foreign flag tank barge.
Oil tanker means a self-propelled vessel carrying oil in bulk as cargo, including integrated tug-barges designed for push-mode operation.
Vessel carrying oil as secondary cargo means a vessel carrying oil pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46 CFR 90.05-35 or pursuant to an International Oil Pollution Prevention (IOPP) or Noxious Liquid Substance (NLS) certificate required by § 151.33 or § 151.35 of this chapter; or any uninspected vessel that carries oil in bulk as cargo.
§ 155.205 Discharge removal equipment for vessels 400 feet or greater in length.
(a) Oil tankers and offshore oil barges with an overall length of 400 feet or more must carry appropriate equipment and supplies for the containment and removal of on-deck oil cargo spills of at least 12 barrels.
(b) The equipment and supplies must include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations, the equipment and supplies must remain ready for immediate use.
§ 155.210 Discharge removal equipment for vessels less than 400 feet in length.
(a) Oil tankers and offshore oil barges with an overall length of less than 400 feet must carry appropriate equipment and supplies for the containment and removal of on-deck oil spills of at least 7 barrels.
(b) The equipment and supplies must include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations, the equipment and supplies must remain ready for immediate use.
§ 155.215 Discharge removal equipment for inland oil barges.
(a) During cargo transfer operations, inland oil barges must have appropriate equipment and supplies ready for immediate use to control and remove on-deck oil cargo spills of at least one barrel.
(b) The equipment and supplies must include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and
(5) Protective clothing.
(c) The oil barge owner or operator may rely on equipment available at the transfer facility receiving from or discharging to the barge, provided the barge owner or operator has prearranged for the use of the equipment by contract or other means approved by the Coast Guard.
§ 155.220 Discharge removal equipment for vessels carrying oil as secondary cargo.
(a) Vessels carrying oil as secondary cargo must carry appropriate equipment and supplies for the containment and removal of on-deck oil cargo spills of at least one-half barrel.
(b) The equipment and supplies must include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and
(5) Protective clothing
(c) The equipment and supplies must be ready for immediate use during cargo transfer operations.
§ 155.225 Internal cargo transfer capability.
Oil tankers and offshore oil barges must carry suitable hoses and reducers for internal transfer of cargo to tanks or other spaces within the cargo block, unless the vessel’s installed cargo piping system is capable of performing this function.
§ 155.230 Emergency control systems for tank barges.
(a) Application. This section does not apply to foreign vessels engaged in innocent passage (that is, neither entering nor leaving a U.S. port); it applies to tank barges and vessels towing them on the following waters:
(1) On the territorial sea of the U.S. [as defined in Presidential Proclamation 5928 of December 27, 1988, it is the belt of waters 12 nautical miles wide with its shoreward boundary the baseline of the territorial sea], unless—
(i) The barge is being pushed ahead of, or towed alongside, the towing vessel; and
(ii) The barge’s coastwise route is restricted, on its certificate of inspection (COI), so the barge may operate “in fair weather only, within 20 miles of shore,” or with words to that effect. The Officer in Charge, Marine Inspection, may define “fair weather” on the COI.
(2) In Great Lakes service unless—
(i) The barge is being pushed ahead of, or towed alongside, the towing vessel; and
(ii) The barge’s route is restricted, on its certificate of inspection (COI), so the barge may operate “in fair weather only, within 5 miles of a harbor,” or with words to that effect. The Officer in Charge, Marine Inspection, may define “fair weather” on the COI.
(3) On Long Island Sound. For the purposes of this section, Long Island Sound comprises the waters between the baseline of the territorial sea on the eastern end (from Watch Hill Point, Rhode Island, to Montauk Point, Long Island) and a line drawn north and south from Premium Point, New York (about 40°54.5′ N, 73°45.5′ W), to Hewlett Point, Long Island (about 40°50.5′ N, 73°45.3′ W), on the western end.
(4) In the Strait of Juan de Fuca.
(5) On the waters of Admiralty Inlet north of Marrowstone Point (approximately 48°06′ N, 122°41′ W).
(b) Safety program. If you are the owner or operator of a single-hull tank barge or of a vessel towing it, you must adequately man and equip either the barge or the vessel towing it so the crew can arrest the barge by employing Measure 1, described in paragraph (b)(1) of this section. Moreover, the crew must be able to arrest or retrieve the barge by employing either Measure 2 or Measure 3, described in paragraphs (b)(2) and (3) of this section, respectively. If you are the owner or operator of a double-hull tank barge, you must adequately equip it and train its crew or, if it is unmanned, train the crew of the vessel towing it, so the crew can retrieve the barge by employing Measure 2 described in paragraph (b)(2) of this section.
(1) Measure 1. Each single-hull tank barge, whether manned or unmanned, must be equipped with an operable anchoring system that conforms to 46 CFR 32.15-15; except that, for barges operating only on the West Coast of the U.S., a system comprising heavy surge gear and bridle legs may serve instead of the anchoring system. Because these systems will also serve as emergency control systems, the owner or operator must ensure that they meet the following criteria:
(i) Operation and performance. When the barge is underway—
(A) The system is ready for immediate use;
(B) No more than two crewmembers are needed to operate the system and anchor the barge or arrest its movement;
(C) While preparing to anchor the barge or arrest its movement, the operator of the system should confer with the master or mate of the towing vessel regarding appropriate length of cable or chain to use; and
(D) Each operator of the system should wear a safety belt or harness secured by a lanyard to a lifeline, drop line, or fixed structure such as a welded padeye, if the sea or the weather warrants this precaution. Each safety belt, harness, lanyard, lifeline, and drop line must meet the specifications of ANSI A10.14 (incorporated by reference, see § 155.140).
(ii) Maintenance and inspections. The owner or operator of the system shall inspect it annually. The inspection must verify that the system is ready for immediate use, and must include a visual inspection of the equipment that comprises the system in accordance with the manufacturer’s recommendations. The inspection must also verify that the system is being maintained in accordance with the manufacturer’s recommendations. The inspection need not include actual demonstration of the operation of the equipment or system.
(iii) Training. On each manned barge, every crewmember must be thoroughly familiar with the operation of the system. On each vessel towing an unmanned barge, every deck crewmember must be thoroughly familiar with the operation of the system installed on the barge. If during the last 12 months the system was not used to anchor or arrest the movement of the barge, then a drill on the use of the system must be conducted within the next month. The drill need not involve actual deployment of the system. However, it must allow every participant to demonstrate the competencies (that is, the knowledge, skills, and abilities) needed to ensure that everyone assigned a duty in anchoring or arresting the movement of the barge is ready to do his or her duty.
(2) Measure 2. If you are the owner or operator of a tank barge or a vessel towing it and this section applies to you by virtue of paragraph (a) of this section, you must have installed an emergency retrieval system or some other measure acceptable to the Coast Guard, as provided in paragraph (b)(3) of this section. Any such system must meet the following criteria:
(i) Design. The system must use an emergency towline with at least the same pulling strength as required of the primary towline. The emergency towline must be readily available on either the barge or the vessel towing it. The towing vessel must have on board equipment to regain control of the barge and continue towing (using the emergency towline), without having to place personnel on board the barge.
(ii) Operation and performance. The system must use a stowage arrangement that ensures the readiness of the emergency towline and the availability of all retrieval equipment for immediate use in an emergency whenever the barge is being towed astern.
(iii) Maintenance and inspection. The owner or operator of the system shall inspect it annually. The inspection must verify that the emergency retrieval system is ready for immediate use, and must include a visual inspection of the equipment that comprises the system in accordance with the manufacturer’s recommendations. The inspection must also verify that the system is being maintained in accordance with the manufacturer’s recommendations. The inspection need not include actual demonstration of the operation of the equipment or system. Details concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are available online at http://www.uscg.mil/hq/g-m/nvic/index.htm.
(iv) Training. Barge-retrieval drills must take place annually, and not more than one month after a master or mate responsible for supervising barge retrieval begins employment on a vessel that tows tank barges.
(A) Each drill must allow every participant to demonstrate the competencies (that is, the knowledge, skills, and abilities) needed to ensure that everyone assigned a duty in barge retrieval is ready to do his or her part to regain control of a drifting barge.
(B) If the drill includes actual operation of a retrieval system, it must be conducted under the supervision of the master or mate responsible for retrieval, and preferably in open waters free from navigational hazards so as to minimize risk to personnel and the environment.
(3) Measure 3. If you are the owner or operator of a tank barge or a vessel towing it and this section applies to you by virtue of paragraph (a) of this section, you may use an alternative measure or system fit for retrieving a barge or arresting its movement as a substitute for Measure 2, described in paragraph (b)(2) of this section. Before you use such a measure or system, however, it must receive the approval of the Commandant (CG-ENG). It will receive this approval if it provides protection against grounding of the tank vessel comparable to that provided by one of the other two measures described in this section.
§ 155.235 Emergency towing capability for oil tankers.
An emergency towing arrangement shall be fitted at both ends on board all oil tankers of not less than 20,000 deadweight tons (dwt), constructed on or after September 30, 1997. For oil tankers constructed before September 30, 1997, such an arrangement shall be fitted at the first scheduled dry-docking, but not later than January 1, 1999. The design and construction of the towing arrangement shall be in accordance with IMO resolution MSC.35(63) (incorporated by reference; see § 155.140).
§ 155.240 Damage stability information for oil tankers and offshore oil barges.
(a) Owners or operators of oil tankers and offshore oil barges shall ensure that their vessels have prearranged, prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.
(b) Vessel baseline strength and stability characteristics must be pre-entered into such programs and be consistent with the vessel’s existing configuration.
(c) Access to the shore-based calculation program must be available 24 hours a day.
(d) At a minimum, the program must facilitate calculation of the following:
(1) Residual hull girder strength based on the reported extent of damage.
(2) Residual stability when the vessel’s compartments are breached.
(3) The most favorable off-loading, ballasting, or cargo transfer sequences to improve residual stability, reduce hull girder stresses, and reduce ground-force reaction.
(4) The bending and shear stresses caused by pinnacle loads from grounding or stranding.
§ 155.245 Damage stability information for inland oil barges.
(a) Owners or operators of inland oil barges shall ensure that the vessel plans necessary to perform salvage, stability, and residual hull strength assessments are maintained at a shore-based location.
(b) Access to the plans must be available 24 hours a day.
§ 155.250 Oil fuel tank protection.
Each ship with an aggregate oil fuel capacity of 600 cubic meters or more that is delivered on or after August 1, 2010, must meet the minimum standard of oil fuel tank protection required by Annex I, Regulation 12A (incorporated by reference, see § 155.140).
§ 155.310 Containment of oil and hazardous material cargo discharges.
(a) A tank vessel with a capacity of 250 or more barrels that is carrying oil or hazardous material as cargo must have—
(1) Under or around each loading manifold and each transfer connection point, a fixed container or enclosed deck area that, in all conditions of ship list or trim encountered during the loading operation, has a capacity of at least:
(i) One half barrel if it serves one or more hoses with an inside diameter of 2 inches or less, or one or more loading arms with a nominal pipe size diameter of 2 inches or less;
(ii) One barrel if it serves one or more hoses with an inside diameter of more than 2 inches but less than 4 inches, or one or more loading arms with a nominal pipe size diameter of more than 2 inches but less than 4 inches;
(iii) Two barrels if it serves one or more hoses with an inside diameter of 4 inches or more, but less than 6 inches, or one or more loading arms with a nominal pipe size diameter of 4 inches or more, but less than 6 inches;
(iv) Three barrels if it serves one or more hoses with an inside diameter of 6 inches or more, but less than 12 inches, or one or more loading arms with a nominal pipe size diameter of 6 inches or more, but less than 12 inches; or
(v) Four barrels if it serves one or more hoses with an inside diameter of 12 inches or more, or one or more loading arms with a nominal pipe size diameter of 12 inches or more;
(2) A means of draining or removing discharged oil or hazardous material from each container or enclosed deck area without discharging the oil or hazardous material into the water; and
(3) A mechanical means of closing each drain and scupper in the container or enclosed deck area required by this section.
(b) An offshore tank barge with a cargo capacity of 250 or more barrels that is carrying hazardous material as cargo and an inland tank barge with the capacity of 250 or more barrels that is carrying oil or a hazardous material as cargo must meet paragraph (a) of this section or be equipped with—
(1) A coaming, at least 4 inches high but not more than 8 inches high, enclosing the immediate area of the cargo hatches, loading manifolds, and transfer connections, that has a capacity, in all conditions of vessel list and trim to be encountered during the loading operation, of at least one-half barrel per hatch, manifold, and connection within the enclosed area;
(2) A fixed or portable container under each loading manifold and each transfer connection within the coaming, that holds at least one-half barrel;
(3) A mechanical means of closing each drain and scupper within the coaming; and
(4) A means of draining or removing discharged oil or hazardous material from the fixed or portable container and from within the coamings without discharging the oil or hazardous material into the water.
(c) All oil tankers and offshore oil barges with a cargo capacity of 250 or more barrels must have peripheral coamings, including port and starboard coamings and forward and aft athwartships coamings, completely enclosing the cargo deck area, cargo hatches, manifolds, transfer connections, and any other openings where cargo may overflow or leak.
(1) Coamings must be at least 4 inches high except in the aft corners.
(2) In the aft corners (port and starboard) of a vessel, the coamings must be at least 8 inches high and extend—
(i) Forward at least 14 feet from each corner; and
(ii) Inboard at least 8 feet from each corner.
(3) Each area enclosed by the coaming required under this paragraph must have—
(i) A means of draining or removing oil from the enclosed deck area without discharging oil into the water; and
(ii) A mechanical means of closing each drain and scupper in the enclosed deck-area.
(4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or other barrier required in 46 CFR 32.56-15 may serve as the aft athwartships coaming if the tankship is otherwise in compliance with the requirements of this section.
(d) In addition to the requirements of paragraphs (a) and (b) of this section, an offshore oil barge with a cargo capacity of 250 or more barrels must have—
(1) A fixed or portable container that holds at least one-half barrel under each oil loading manifold and each oil transfer connection within the coaming;
(2) A mechanical means of closing each drain and scupper within the coaming; and
(3) A means of draining or removing discharged oil from the fixed or portable container and from within the coaming without discharging the oil into the water.
§ 155.320 Fuel oil and bulk lubricating oil discharge containment.
(a) A ship of 300 gross tons or more constructed after June 30, 1974 must have a fixed container or enclosed deck area under or around each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe, that:
(1) For a ship of 300 or more but less than 1600 gross tons has a capacity of at least one-half barrel; and
(2) For a ship of 1600 or more gross tons has a capacity of one barrel.
(b) A ship of 100 gross tons or more constructed before July 1, 1974, and a ship of 100 or more but less than 300 gross tons constructed after June 30, 1974 must:
(1) Meet paragraph (a)(1) of this section; or
(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe during oil transfer operations with a portable container of at least a 5 U.S. gallon capacity; or
(3) If the ship has a fill fitting for which containment is impractical, use an automatic back pressure shut-off nozzle.
(c) This section does not apply to a fixed or floating drilling rig or other platform.
§ 155.330 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on U.S. non-oceangoing ships.
(a) No person may operate a U.S. non-oceangoing ship in the navigable waters of the United States, unless it has the capacity to retain on board all oily mixtures and is equipped to discharge these oily mixtures to a reception facility.
(b) A U.S. non-oceangoing ship may retain all oily mixtures on board in the ship’s bilges. An oil residue (sludge) tank is not required.
(c) This section does not apply to a fixed or floating drilling rig or other platform.
§ 155.350 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on oceangoing ships of less than 400 gross tons.
(a) No person may operate an oceangoing ship of less than 400 gross tons, unless it either:
(1) Has the capacity to retain on board all oily mixtures and is equipped to discharge these oily mixtures to a reception facility; or
(2) Has approved oily-water separating equipment for processing oily mixtures from bilges or fuel oil tank ballast and discharges into the sea according to § 151.10 of this chapter.
(3) For equipment installed after 2004 to be approved under paragraph (a)(2) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(3)(i) and (a)(3)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.
(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(3) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.
(ii) Any ship, other than a ship described in paragraph (a)(3)(i) of this section, must comply with the requirements of paragraph (a)(3) of this section by the date of the ship’s first drydock after October 13, 2009.
(b) An oceangoing ship of less than 400 gross tons may retain all oily mixtures on board in the ship’s bilges. An oil residue (sludge) tank is not required.
(c) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.
(d) This section does not apply to a fixed or floating drilling rig or other platform.
§ 155.360 Oily mixture (bilge slops) discharges on oceangoing ships of 400 gross tons and above but less than 10,000 gross tons, excluding ships that carry ballast water in their fuel oil tanks.
(a)(1) Except as provided in paragraph (a)(3) of this section, no person may operate an oceangoing ship of 400 gross tons and above but less than 10,000 gross tons, excluding a ship that carries ballast water in its fuel oil tanks, unless it is fitted with approved 15 parts per million (ppm) oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.
(2) For equipment installed after 2004 to be approved under paragraph (a)(1) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(2)(i) and (a)(2)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.
(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(2) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.
(ii) Any ship, other than a ship described in paragraph (a)(2)(i) of this section, must comply with the requirements of paragraph (a)(2) of this section by the date of the ship’s first drydock after October 13, 2009.
(3) Any ship certified under the International Code of Safety for High-Speed Craft engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships need not be provided with oil filtering equipment. These ships must be fitted with an oily bilge water holding tank having a volume adequate for the total retention onboard of the oily bilge water. All oily bilge water must be retained onboard for subsequent discharge to reception facilities.
(b) No person may operate a ship under this section unless it is fitted with an oil residue (sludge) tank or tanks of adequate capacity to receive the oil residue that cannot be dealt with otherwise.
(1) In new ships such tanks shall be designed and constructed to facilitate cleaning and the discharge of the oily residues to reception facilities. Existing ships shall comply with this requirement as far as reasonable and practicable.
(2) Tanks used for oily mixtures on ships certificated under 46 CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation between oil and bilge systems.
(3) Ships subject to this section must—
(i) Be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and
(ii) Have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.
(c) No person may operate a ship unless it is equipped with a pipeline to discharge oily mixtures to a reception facility.
(d) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a fixed or floating drilling rig or other platform, except as specified in § 155.400(a)(2).
§ 155.370 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and above and oceangoing ships of 400 gross tons and above that carry ballast water in their fuel oil tanks.
(a) Except as provided in paragraph (a)(5) of this section, no person may operate an oceangoing ship of 10,000 gross tons and above, or any oceangoing ship of 400 gross tons and above, that carries ballast water in its fuel oil tanks, unless it has—
(1) Approved 15 ppm oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast;
(2) A bilge alarm; and
(3) A means for automatically stopping any discharge of oily mixture when the oil content in the effluent exceeds 15 ppm.
(4) For equipment installed after 2004 to be approved under paragraph (a) of this section, it must meet current standards in 46 CFR part 162, subpart 162.050 by the date set forth in paragraphs (a)(4)(i) and (a)(4)(ii) of this section, unless the equipment is installed on a ship constructed before 2005 and it would be unreasonable or impracticable to meet those current standards.
(i) A ship entering international service for the first time since 2004, must comply with the requirements of paragraph (a)(4) of this section by the date of its initial survey prior to receiving its International Oil Pollution Prevention (IOPP) certificate.
(ii) Any ship, other than a ship described in paragraph (a)(4)(i) of this section, must comply with the requirements of paragraph (4) of this section by the date of the ship’s first drydock after October 13, 2009.
(5) Any ship certified under the International Code of Safety for High-Speed Craft engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships need not be provided with oil filtering equipment. These ships must be fitted with an oily bilge water holding tank having a volume adequate for the total retention onboard of the oily bilge water. All oily bilge water must be retained onboard for subsequent discharge to reception facilities.
(b) No person may operate a ship under this section unless it is fitted with an oil residue (sludge) tank or tanks of adequate capacity to receive the oil residue that cannot be dealt with otherwise.
(1) In new ships such tanks shall be designed and constructed to facilitate cleaning and the discharge of the oil residue to reception facilities. Existing ships shall comply with this requirement as far as reasonable and practicable.
(2) Tanks used for oily mixtures on ships certificated under 46 CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation between oil and bilge systems.
(3) Ships subject to this section must—
(i) Be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and
(ii) Have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.
(c) No person may operate a ship under this section unless it is equipped with a pipeline to discharge oily mixtures to a reception facility.
(d) This section does not apply to a barge that is not equipped with an installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a fixed or floating drilling rig or other platform, except as specified in § 155.400(a)(2).
§ 155.380 Oily water separating equipment and bilge alarm approval standards.
(a) On U.S. inspected ships, oily water separating equipment and bilge alarms must be approved under 46 CFR 162.050.
(b) On U.S. uninspected ships and foreign ships, oily water separating equipment and bilge alarms must be approved under either 46 CFR 162.050 or MARPOL 73/78 Annex I.
A copy of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78) may be purchased from the International Maritime Organization, Publications Section, 4 Albert Embankment, London SE1 75R, United Kingdom, Telex 23588; see also http://www.imo.org.
(c) A ship that is required to have a bilge alarm may defer installment and use a previously installed bilge monitor provided the bilge monitor met Coast Guard approval requirements at the time of its installation and it does not allow more than a 15 ppm oil content in water discharge.
(d) The accuracy of the bilge alarms must be checked at IOPP Certificate renewal surveys according to the manufacturer’s instructions. Alternatively, the unit may be replaced by a calibrated bilge alarm. The calibration certificate for the bilge alarm, which certifies the date of the last calibration check, should be retained onboard for inspection purposes. The accuracy checks can only be done by the manufacturer or persons authorized by the manufacturer.
(e) Ship staff training must include familiarization in the operation and maintenance of the equipment.
(f) The routine maintenance of the oily water separating equipment and the bilge alarm must be clearly defined by the manufacturer in the associated operating and maintenance manuals. All routine and repair maintenance must be recorded.
§ 155.400 Platform machinery space drainage on oceangoing fixed and floating drilling rigs and other platforms.
(a) No person may operate an oceangoing fixed or floating drilling rig or other platform unless it either—
(1) Complies with the oily-water separating equipment requirements of a valid National Pollutant Discharge Elimination System (NPDES) permit issued in accordance with section 402 of the Clean Water Act and 40 CFR Chapter I;
(2) Complies with the oily-water separating equipment requirements for oceangoing ships of 400 gross tons and above as set forth in either § 155.360 or § 155.370; or
(3) Is not equipped with an installed bilge pumping system for discharge of oily mixtures from platform machinery spaces into the sea and has the capacity to retain on board all of these oily mixtures and is equipped to discharge these mixtures for transport to a reception facility.
(b) When an oceangoing fixed or floating drilling rig or other platform is in a special area, is not proceeding en route, or is within 12 nautical miles of the nearest land; it must either—
(1) Have the capacity to retain on board all machinery space oily mixtures from platform machinery space drainage and be equipped to discharge these mixtures for transport to a reception facility; or
(2) Discharge in accordance with § 151.10 (b)(3), (b)(4), and (b)(5) of this chapter, provided the drilling rig or platform is not within a special area.
(c) Paragraph (b) of this section does not apply to a fixed or floating drilling rig or other platform that is operating under an NPDES permit.
§ 155.410 Pumping, piping and discharge requirements for non-oceangoing ships of 100 gross tons and above.
(a) No person may operate a non-oceangoing ship of 100 gross tons and above that is fitted with main or auxiliary machinery spaces in the navigable waters of the United States unless:
(1) The ship has at least one pump installed to discharge oily mixtures through a fixed piping system to a reception facility;
(2) The piping system required by this section has at least one outlet that is accessible from the weather deck;
(3) Each outlet required by this section has a shore connection that is compatible with reception facilities in the ship’s area of operation; and
(4) The ship has a stop valve for each outlet required by this section.
(b) Paragraph (a) of this section does not apply to a ship that has approved oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.
(c) This section does not apply to a fixed or floating drilling rig or other platform.
§ 155.420 Pumping, piping and discharge requirements for oceangoing ships of 100 gross tons and above but less than 400 gross tons.
(a) No person may operate an oceangoing ship of 100 gross tons and above but less than 400 gross tons that is fitted with main or auxiliary machinery spaces unless:
(1) The ship has at least one pump installed to discharge oily mixtures through a fixed piping system to a reception facility;
(2) The piping system required by this section has at least one outlet accessible from the weather deck;
(3) For a ship on an international voyage, the outlet required by this section has a shore connection that meets the specifications in § 155.430, or the ship has at least one adapter that meets the specifications in § 155.430 and fits the required outlets;
(4) For a ship not on an international voyage, the outlet required by this section has a shore connection that is compatible with reception facilities in the ship’s area of operation;
(5) The ship has a means on the weather deck near the discharge outlet to stop each pump that is used to discharge oily mixtures; and
(6) The ship has a stop valve installed for each outlet required by this section.
(b) Paragraph (a) of this section does not apply to a ship that has approved oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.
(c) This section does not apply to a fixed or floating drilling rig or other platform.
§ 155.430 Standard discharge connections for oceangoing ships of 400 gross tons and above.
(a) All oceangoing ships of 400 gross tons and above must have a standard shore connection for reception facilities to discharge oily mixtures from machinery space bilges or ballast water containing an oily mixture from fuel oil tanks. The discharge connection must have the following dimensions:
(1) Outside diameter = 215 millimeters (mm).
(2) Inner diameter = according to pipe outside diameter.
(3) Bolt circle diameter = 183 mm.
(4) Slots in flange = 6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 22 mm.
(5) Flange thickness = 20 mm.
(6) Bolts and nuts, quantity and number = 6 each of 20 mm in diameter and of suitable length.
(b) A portable adapter that meets the specifications of paragraph (a) of this section and that fits the discharge shore connection, for the discharge of oily wastes from machinery space bilges may be substituted for the standard discharge connection requirement of paragraph (a) of this section.
(c) The flange must be designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oilproof material, must be suitable for a service pressure of 6 kilograms/square centimeters (kg/cm
§ 155.440 Segregation of fuel oil and ballast water on new oceangoing ships of 4,000 gross tons and above, other than oil tankers, and on new oceangoing oil tankers of 150 gross tons and above.
(a) Except as provided for in paragraph (b) of this section, in new oceangoing ships of 4,000 gross tons and above other than oil tankers, and in new oceangoing oil tankers of 150 gross tons and above, ballast water must not be carried in any fuel oil tank.
(b) Where abnormal conditions or the need to carry large quantities of fuel oil render it necessary to carry ballast water that is not a clean ballast in any fuel oil tank, that ballast water must be discharged to reception facilities or into the sea in compliance with part 151 of this chapter using the equipment specified in § 155.370, and an entry shall be made in the Oil Record Book to this effect.
§ 155.450 Placard.
(a) A ship, except a ship of less than 26 feet in length, must have a placard of at least 5 by 8 inches, made of durable material fixed in a conspicuous place in each machinery space, or at the bilge and ballast pump control station, stating the following:
The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions including fines and imprisonment.
(b) Existing stocks of placards may be used for the life of the placard.
(c) The placard required by paragraph (a) or (b) of this section must be printed in the language or languages understood by the crew.
§ 155.470 Prohibited spaces.
(a) In a ship of 400 gross tons and above, for which the building contract is placed after January 1, 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after July 1, 1982, oil or hazardous material must not be carried in a forepeak tank or a tank forward of the collision bulkhead.
(b) A self-propelled ship of 300 gross tons and above, to which paragraph (a) of this section does not apply, may not carry bulk oil or hazardous material in any space forward of a collision bulkhead except:
(1) For a ship constructed after June 30, 1974, fuel oil for use on the ship may be carried in tanks forward of a collision bulkhead, if such tanks are at least 24 inches inboard of the hull structure; or
(2) For a ship constructed before July 1, 1974, fuel oil for use on the ship may be carried in tanks forward of a collision bulkhead, if such tanks were designated, installed, or constructed for fuel oil carriage before July 1, 1974.
§ 155.480 Overfill devices.
(a) For the purposes of this section, “oil” has the same definition as provided in § 151.05 of this chapter.
(b) Each tank vessel with a cargo capacity of 1,000 or more cubic meters (approximately 6,290 barrels), loading oil or oil residue as cargo, must have one overfill device that is permanently installed on each cargo tank and meets the requirements of this section.
(1) On a tankship, each cargo tank must be equipped with an overfill device (including an independent audible alarm or visible indicator for that tank) that meets the requirements for tank overfill alarms under 46 CFR 39.20-7(b)(2) and (3), and (d)(1) through (d)(4).
(2) On a tank barge, each cargo tank must be equipped with an overfill device that—
(i) Meets the requirements of 46 CFR 39.2007(b)(2) through (b)(4), (d)(1) through (d)(4), and 46 CFR 39.2009(a)(1) ;
(ii) Is an installed automatic shutdown system that meets the requirements of 46 CFR 39.2009(a)(2); or
(iii) Is an installed high-level indicating device that meets the requirements of 46 CFR 39.2003(b)(1), (2), and (3).
(c) Each cargo tank of a U.S. flag tank vessel must have installed on it an overfill device meeting the requirements of this section at the next scheduled cargo tank internal examination performed on the vessel under 46 CFR 31.10-21.
(d) Each cargo tank of a foreign flag tank vessel must have installed on it an overfill device—
(1) At the first survey that includes dry docking, as required by the vessel’s flag administration, to meet the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, or the International Load Line Convention of 1966; or
(2) At the first cargo tank internal examination performed on the tank vessel under 46 CFR 31.10-21.
(e) This section does not apply to a tank vessel that does not meet the double hull requirements of § 157.10d of this chapter and, under 46 U.S.C. 3703a(c), may not operate in the navigable waters or Exclusive Economic Zone of the United States after January 1, 2000.
(f) This section does not apply to tank vessels that carry asphalt, animal fat, or vegetable oil as their only cargo.
§ 155.490 [Reserved]
Subpart C—Transfer Personnel, Procedures, Equipment, and Records
§ 155.700 Designation of person in charge.
Each operator or agent of a vessel with a capacity of 250 or more barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 CFR part 154, or each person who arranges for and hires a person to be in charge of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall designate, either by name or by position in the crew, the person in charge (PIC) of each transfer to or from the vessel and of each tank-cleaning.
§ 155.710 Qualifications of person in charge.
(a) On each tankship required to be documented under the laws of the United States, the operator or agent of the vessel, or the person who arranges and hires a person to be in charge either of a transfer of liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or her satisfaction that each person designated as a PIC—
(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the Crude-Oil Washing (COW), inert-gas, and vapor-control systems—to safely conduct a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section, holds a license or officer endorsement issued under 46 CFR part 10 authorizing service aboard a vessel certified for voyages beyond any Boundary Line described in 46 CFR part 7, except on tankships or self-propelled tank vessels not certified for voyages beyond the Boundary Line; and
(3) Except as provided in paragraph (g) of this section and 46 CFR 13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR part 13 that authorizes the holder to supervise the transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product.
(b) On each tank barge required to be inspected under 46 U.S.C. 3703, the operator or agent of the vessel, or the person who arranges and hires a person to be in charge of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall verify to his or her satisfaction that each PIC—
(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the COW, inert-gas, and vapor-control systems—to safely conduct either a transfer of liquid cargo in bulk or cargo-tank cleaning; and
(2) Except as provided in paragraph (g) of this section and 46 CFR part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge) endorsement issued under 46 CFR part 13 that authorizes the holder to supervise the transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
(c) On each foreign tankship, the operator or agent of the vessel shall verify to his or her satisfaction that each PIC either of a transfer of liquid cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged, including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the systems for crude-oil washing, inert gas, and vapor control, to safely conduct either a transfer of liquid cargo in bulk or cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section, holds a license or other document issued by the flag state or its authorized agent authorizing service as master, mate, pilot, engineer, or operator on that vessel;
(3) Except as provided in paragraph (g) of this section, holds a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence acceptable to the Coast Guard, attesting the PIC’s meeting the requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
(4) Is capable of reading, speaking, and understanding in English, or a language mutually-agreed-upon with the shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, except that the use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tankship at all times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of, ships, transfers, and cargo-tank cleaning; and
(5) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank cleaning, with or without an interpreter.
(d) On each foreign tank barge, the operator or agent of the vessel shall verify to his or her satisfaction that each PIC either of the transfer of liquid cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and monitoring systems, the procedures for reporting pollution incidents, and, if installed, the COW, inert-gas, and vapor-control systems—to safely conduct a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section, holds a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to STCW, or other form of evidence acceptable to the Coast Guard, attesting the PIC’s meeting the requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
(3) Is capable of reading, speaking, and understanding in English, or a language mutually-agreed-upon with the shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, except that the use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tankship at all times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of, ships, transfers, and cargo-tank cleaning; and
(4) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank cleaning, with or without an interpreter.
(e) The operator or agent of each vessel to which this section applies must verify to his or her satisfaction that the PIC of any transfer of fuel oil requiring a Declaration of Inspection—
(1) On each inspected vessel required by 46 CFR chapter I to have an officer aboard, and on each uninspected vessel, either:
(i) Holds a valid merchant mariner credential issued under 46 CFR chapter I, subchapter B, with an endorsement as master, mate, pilot, engineer, or operator aboard that vessel, or holds a valid merchant mariner credential endorsed as Tankerman-PIC; or
(ii) Carries a letter satisfying the requirements of § 155.715 and designating him or her as a PIC, unless equivalent evidence is immediately available aboard the vessel or at his or her place of employment.
(2) On each tank barge, for its own engine-driven pumps, either complies with paragraph (e)(1) of this section or has been instructed by the operator or agent of the vessel both in his or her duties and in the Federal statutes and regulations on water pollution that apply to the vessel; or
(3) On each foreign vessel, holds a license or certificate issued by a flag state party to STCW, or other form of evidence acceptable to the Coast Guard, attesting the qualifications of the PIC to act as master, mate, pilot, operator, engineer, or tankerman aboard that vessel.
(f) Except as provided in paragraph (g) of this section, the operator or agent of each self-propelled tank vessel carrying oil or hazardous material in bulk shall verify to his or her satisfaction that the PIC of the transfer of oil or hazardous material in bulk to or from a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement on his or her MMD or merchant mariner credential and either a license, officer endorsement, or a Certificate issued by a flag state party to STCW authorizing service as a master, mate, pilot, engineer, or operator aboard that vessel.
(g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning facility or shipyard need not hold any of the merchant mariner credentials, licenses, documents, certificates, or endorsements required in paragraphs (a) through (f) of this section, if he or she is a National Fire Protection Association Certificated Marine Chemist.
§ 155.715 Contents of letter of designation as a person-in-charge of the transfer of fuel oil.
The letter referenced in § 155.710(e)(1) must designate the holder as a person-in-charge of the transfer of fuel oil and state that the holder has received sufficient formal instruction from the operator or agent of the vessel to ensure his or her ability to safely and adequately carry out the duties and responsibilities of the PIC described in 33 CFR 156.120 and 156.150.
§ 155.720 Transfer procedures.
The operator of a vessel with a capacity of 250 or more barrels of oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 CFR part 154 shall provide transfer procedures that meet the requirements of this part and part 156 of this chapter for transferring—
(a) To or from the vessel; and
(b) From tank to tank within the vessel.
§ 155.730 Compliance with transfer procedures.
The vessel operator of each vessel required by § 155.720 to have transfer procedures shall maintain them current and shall require vessel personnel to use the transfer procedures for each transfer operation.
§ 155.740 Availability of transfer procedures.
The transfer procedures required by § 155.720 must be:
(a) Available for inspection by the COTP or OCMI whenever the vessel is in operation;
(b) Legibly printed in a language or languages understood by personnel engaged in transfer operations; and
(c) Permanently posted or available at a place where the procedures can be easily seen and used by members of the crew when engaged in transfer operations.
§ 155.750 Contents of transfer procedures.
(a) The transfer procedures required by § 155.720 must contain, either in the order listed or by use of a cross-reference index page:
(1) A list of each product transferred to or from the vessel, including the following information:
(i) Generic or chemical name;
(ii) Cargo information as described in § 154.310(a)(5)(ii) of this chapter; and
(iii) Applicability of transfer procedures;
(2) A description of each transfer system on the vessel including:
(i) A line diagram of the vessel’s transfer piping, including the location of each valve, pump, control device, vent, and overflow;
(ii) The location of the shutoff valve or other isolation device that separates any bilge or ballast system from the transfer system; and
(iii) A description of and procedures for emptying the discharge containment system required by §§ 155.310 and 155.320;
(3) The number of persons required to be on duty during transfer operations;
(4) The duties by title of each officer, person in charge, tankerman, deckhand, and any other person required for each transfer operation;
(5) Procedures and duty assignments for tending the vessel’s moorings during the transfer of oil or hazardous material;
(6) Procedures for operating the emergency shutdown and communications means required by §§ 155.780 and 155.785, respectively;
(7) Procedures for topping off tanks;
(8) Procedures for ensuring that all valves used during the transfer operations are closed upon completion of transfer;
(9) Procedures for reporting discharges of oil or hazardous material into the water; and
(10) Procedures for closing and opening the vessel openings in § 155.815.
(11) Statements explaining that each hazardous materials transfer hose is marked with either the name of each product which may be transferred through the hose or with letters, numbers or other symbols representing all such products and the location in the transfer procedures where a chart or list of the symbols used and a list of the compatible products which may be transferred through the hose can be found for consultation before each transfer.
(b) Exemptions or alternatives granted must be placed in the front of the transfer procedures.
(c) The vessel operator shall incorporate each amendment to the transfer procedures under § 155.760 in the procedures with the related existing requirement, or at the end of the procedures if not related to an existing requirement.
(d) If a vessel is fitted with a vapor control system, the transfer procedures must contain a description of the vapor collection system on the vessel which includes:
(1) A line diagram of the vessel’s vapor collection system piping, including the location of each valve, control device, pressure-vacuum relief valve, pressure indicator, flame arresters, and detonation arresters, if fitted;
(2) The location of spill valves and rupture disks, if fitted;
(3) The maximum allowable transfer rate determined in accordance with 46 CFR 39.3001(d)(1) through (3);
(4) The initial transfer rate for each tank that complies with 46 CFR 39.3001(g);
(5) A table or graph of transfer rates and corresponding vapor collection system pressure drops calculated in accordance with 46 CFR 39.3001(c);
(6) The relief settings of each spill valve, rupture disk, and pressure-vacuum relief valve; and
(7) A description of and procedures for operating the vapor collection system, including the:
(i) Pre-transfer equipment inspection requirements;
(ii) Vapor line connection;
(iii) Closed gauging system;
(iv) High level alarm system, if fitted; and
(v) Independent automatic shutdown system, if fitted.
(e) If a cargo tank of a tank vessel is fitted with an overfill device, the transfer procedures must contain a description of the overfill device, including:
(1) The tank overfill device system and specific procedures for the person in charge to—
(i) Monitor the level of cargo in the tank; and
(ii) Shut down transfer operations in time to ensure that the cargo level in each tank does not exceed the maximum amount permitted by § 155.775(b).
(2) Pre-transfer overfill device equipment inspection and test requirements.
§ 155.760 Amendment of transfer procedures.
(a) The COTP or OCMI may require the vessel operator of any vessel that is required to have transfer procedures under § 155.720 to amend those procedures if the COTP or OCMI finds that the transfer procedures do not meet the requirements of this part.
(b) The COTP or OCMI shall notify the vessel operator in writing of any inadequacies in the oil transfer procedures. The vessel operator may submit written information, views, and arguments on and proposals for amending the procedures within 14 days from the date of the COTP or OCMI notice. After considering all relevant material presented, the COTP or OCMI shall notify the vessel operator of any amendment required or adopted, or the COTP or OCMI may rescind the notice. The amendment becomes effective 30 days after the vessel operator receives the notice, unless the vessel operator petitions the Commandant to review the COTP or OCMI notice, in which case its effective date is delayed pending a decision by the Commandant. Petitions to the Commandant must be submitted in writing via the COTP or OCMI who issued the requirement to amend.
(c) If the COTP or OCMI finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge that makes the procedure in paragraph (b) of this section impractical or contrary to the public interest, he or she may issue an amendment effective on the date the vessel operator receives notice of it. In such a case, the COTP or OCMI includes a brief statement of the reasons for the findings in the notice, and the vessel operator may petition the Commandant, in any manner, to review the amendment. The petition does not postpone the amendment.
§ 155.770 Draining into bilges.
No person may intentionally drain oil or hazardous material from any source into the bilge of a vessel.
§ 155.775 Maximum cargo level of oil.
(a) For the purposes of this section, “oil” has the same meaning as provided in § 151.05 of this chapter.
(b) A cargo tank on a tank vessel may not be filled with oil higher than—
(1) 98.5 percent of the cargo tank volume; or
(2) The level at which the overfill alarm required by § 155.480 is set.
§ 155.780 Emergency shutdown.
(a) A tank vessel with a capacity of 250 or more barrels that is carrying oil or hazardous material as cargo must have on board an emergency means to enable the person in charge of a transfer operation to a facility, to another vessel, or within the vessel to stop the flow of oil or hazardous material.
(b) The means to stop the flow may be a pump control, a quick-acting, power actuated valve, or an operating procedure. If an emergency pump control is used, it must stop the flow of oil or hazardous material if the oil or hazardous material could siphon through the stopped pump.
(c) The means to stop the flow must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the transfer operation.
§ 155.785 Communications.
(a) During vessel to vessel transfers, each tank vessel with a capacity of 250 or more barrels of cargo that is carrying oil or hazardous material must have a means that enables continuous two-way voice communication between the persons in charge of the transfer operations on both vessels.
(b) Each vessel must have a means, which may be the communication system itself, that enables a person on board each vessel to effectively indicate his desire to use the means of communication required by paragraph (a) of this section.
(c) The means required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all conditions of weather.
(d) Portable radio devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be intrinsically safe, as defined in 46 CFR 110.15-100(i), and meet Class I, Division I, Group D requirements as defined in 46 CFR 111.80.
§ 155.790 Deck lighting.
(a) A self-propelled vessel with a capacity of 250 or more barrels of oil or hazardous material that is conducting transfer operations between sunset and sunrise must have deck lighting that adequately illuminates—
(1) Each transfer operations work area and each transfer connection point in use on the vessel; and
(2) Each transfer operations work area and each transfer connection point in use on each barge, if any, moored to the vessel to or from which oil or hazardous material is being transferred;
(b) Where the illumination is apparently inadequate the OCMI or COTP may require verification by instrument of the levels of illumination. On a horizontal plane 3 feet above the deck the illumination must measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c