CFR 2020 Title33 Vol2

Title 33
Navigation and Navigable Waters

Parts 125 to 199
Revised as of July 1, 2020
Containing a codification of documents

of general applicability and future effect
As of July 1, 2020
Published by the Office of the Federal Register

National Archives and Records Administration
as a Special Edition of the Federal Register
Spaschal on DSKJM0X7X2PROD with CFR
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Table of Contents
Page
Explanation ................................................................................................ v
Title 33:
Chapter I—Coast Guard, Department of Homeland Security (Con-

tinued) ......................................................................................... 3
Finding Aids:
Table of CFR Titles and Chapters ....................................................... 1121
Alphabetical List of Agencies Appearing in the CFR ......................... 1141
List of CFR Sections Affected ............................................................. 1151

iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 33 CFR
125.01 refers to title 33,
part 125, section 01.
iv
Explanation
The Code of Federal Regulations is a codification of the general and permanent
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divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
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vi
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OLIVER A. POTTS,
Director,
Office of the Federal Register
July 1, 2020
vii
THIS TITLE
Title 33—NAVIGATION AND NAVIGABLE WATERS is composed of three volumes.

The contents of these volumes represent all current regulations codified under
this title of the CFR as of July 1, 2020. The first and second volumes, parts 1–
124 and 125–199, contain current regulations of the Coast Guard, Department of
Homeland Security. The third volume, part 200 to end, contains current regula-
tions of the Corps of Engineers, Department of the Army, Department of Defense
and the Saint Lawrence Seaway Development Corporation, Department of Trans-
portation.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum Martinez,
assisted by Stephen J. Frattini.
ix
Title 33—Navigation
and Navigable Waters
(This book contains parts 125 to 199)
Part
CHAPTER I—Coast Guard, Department of Homeland Security

(Continued) ........................................................................ 125
ABBREVIATIONS USED IN THIS CHAPTER:

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 let-
ters 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 Page
125 Identification credentials for persons requiring ac-
cess to waterfront facilities or vessels ................. 7
126 Handling of dangerous cargo at waterfront facili-
ties ....................................................................... 16
127 Waterfront facilities handling liquefied natural gas
and liquefied hazardous gas .................................. 24
128 [Reserved]
SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND
COMPENSATION
133 Oil spill liability trust fund; State access ............... 50

135 Offshore oil pollution compensation fund ............... 52
136 Oil spill liability trust fund; claims procedures;
designation of source; and advertisement ............ 60
137 Oil spill liability: Standards for conducting all ap-
propriate inquiries under the innocent land-
owner defense ....................................................... 71
138 Financial responsibility for water pollution (ves-
sels) and OPA 90 limits of liability (vessels, deep-
water ports and onshore facilities) ....................... 80
SUBCHAPTER N—OUTER CONTINENTAL SHELF ACTIVITIES
140 General .................................................................... 96

141 Personnel ................................................................ 103
142 Workplace safety and health ................................... 107
143 Design and equipment ............................................. 110
144 Lifesaving appliances .............................................. 114
145 Fire-fighting equipment .......................................... 117
146 Operations ............................................................... 119
147 Safety zones ............................................................ 131
SUBCHAPTER NN—DEEPWATER PORTS
148 Deepwater ports: General ........................................ 142

3
33 CFR Ch. I (7–1–20 Edition)
Part Page
149 Deepwater ports: Design, construction, and equip-
ment ..................................................................... 172
150 Deepwater ports: Operations ................................... 195
SUBCHAPTER O—POLLUTION
151 Vessels carrying oil, noxious liquid substances,

garbage, municipal or commercial waste, and
ballast water ........................................................ 225
153 Control of pollution by oil and hazardous sub-
stances, discharge removal .................................. 282
154 Facilities transferring oil or hazardous material in
bulk ...................................................................... 290
155 Oil or hazardous material pollution prevention reg-
ulations for vessels ............................................... 390
156 Oil and hazardous material transfer operations ...... 489
157 Rules for the protection of the marine environ-
ment relating to tank vessels carrying oil in
bulk ...................................................................... 504
158 Reception facilities for oil, noxious liquid sub-
stances, and garbage ............................................ 568
159 Marine sanitation devices ....................................... 579
SUBCHAPTER P—PORTS AND WATERWAYS SAFETY
160 Ports and waterways safety—general ..................... 598

161 Vessel traffic management ...................................... 610
162 Inland waterways navigation regulations ............... 631
163 Towing of barges ..................................................... 654
164 Navigation safety regulations ................................. 654
165 Regulated navigation areas and limited access
areas ..................................................................... 678
166 Shipping safety fairways ......................................... 1004
167 Offshore traffic separation schemes ........................ 1016
168 Escort requirements for certain tankers ................ 1038
169 Ship reporting systems ........................................... 1040
SUBCHAPTERS Q–R [RESERVED]
SUBCHAPTER S—BOATING SAFETY
173 Vessel numbering and casualty and accident re-

porting ................................................................. 1047
174 State numbering and casualty reporting systems .. 1055
175 Equipment requirements ......................................... 1061
177 Correction of especially hazardous conditions ........ 1066
179 Defect notification .................................................. 1068
181 Manufacturer requirements .................................... 1070

183 Boats and associated equipment ............................. 1075
184–186 [Reserved]
Coast Guard, DHS
Part Page
187 Vessel identification system ................................... 1109
188–199 [Reserved]
SUBCHAPTER L—WATERFRONT FACILITIES
PART 125—IDENTIFICATION CRE- § 125.01 Commandant.

DENTIALS FOR PERSONS REQUIR- The term Commandant means Com-
ING ACCESS TO WATERFRONT mandant of the Coast Guard.
FACILITIES OR VESSELS
§ 125.03 District Commander.
Sec. The term District Commander means
125.01 Commandant. the officer of the Coast Guard des-
125.03 District Commander. ignated by the Commandant to com-
125.05 Captain of the Port. mand a Coast Guard District.
125.06 Western rivers.
125.07 Waterfront facility. § 125.05 Captain of the Port.
125.08 Great Lakes. The term Captain of the Port means
125.09 Identification credentials. the officer of the Coast Guard, under
125.11 Form of Coast Guard Port Security the command of a District Commander,
Card.
so designated by the Commandant for
125.12 Period of validity of Coast Guard
Port Security Cards.
the purpose of giving immediate direc-
125.13 Captain of the Port Identification tion to Coast Guard law enforcement
Cards. activities within the general proximity
125.15 Access to waterfront facilities, and of the port in which he is situated.
port and harbor areas, including vessels
and harbor craft therein. § 125.06 Western rivers.
125.17 Persons eligible for Coast Guard Port The term western rivers as used in the
Security Cards. regulations in this subchapter shall in-
125.19 Standards. clude only the Red River of the North,
125.21 Applications.
the Mississippi River and its tribu-
125.23 United States citizens.
taries above the Huey P. Long Bridge,
125.25 Aliens.
125.27 Sponsorship of applicant.
and that part of the Atchafalaya River
125.29 Insufficient information. above its junction with the
125.31 Approval of applicant by Com- Plaquemine-Morgan City alternate wa-
mandant. terway.
125.33 Holders of Coast Guard Port Security [CGFR 57–52, 22 FR 10301, Dec. 20, 1957]
Cards.
125.35 Notice by Commandant. § 125.07 Waterfront facility.
125.37 Hearing Boards.
125.39 Notice by Hearing Board.
The term waterfront facility as used in
125.41 Challenges. this subchapter, means all piers,
125.43 Hearing procedure. wharves, docks, and similar structures
125.45 Action by Commandant. to which vessels may be secured, build-
125.47 Appeals. ings on such structures or contiguous
125.49 Action by Commandant after appeal. to them, and equipment and materials
125.51 Replacement of lost Coast Guard Port on such structures or in such buildings.
Security Card.
125.53 Requirements for credentials; certain § 125.08 Great Lakes.
vessels operating on navigable waters of The term Great Lakes as used in the
the United States (including the Great
regulations in this subchapter shall in-
Lakes and Western Rivers).
125.55 Outstanding Port Security Card Ap-
clude the Great Lakes and their con-
plications. necting and tributary waters.
125.57 Applications previously denied. [CGFR 57–52, 22 FR 10301, Dec. 20, 1957]
AUTHORITY: R.S. 4517, 4518, secs. 19, 2, 23
Stat. 58, 118, sec. 7, 49 Stat. 1936, sec. 1, 40 § 125.09 Identification credentials.
Stat. 220; 46 U.S.C. 570–572, 2, 689, and 70105; 50 The term Identification credentials as
U.S.C. 191, E.O. 10173, E.O. 10277, E.O. 10352, 3 used in this subchapter, means any of
CFR, 1949–1953 Comp. pp. 356, 778, 873. the following:

SOURCE: CGFR 56–15, 21 FR 2940, May 3, (a) Coast Guard Port Security Card
1956, unless otherwise noted. (Form CG 2514).
§ 125.11 33 CFR Ch. I (7–1–20 Edition)
(b) Merchant Mariner’s Document. Card at the time he is issued a new

(c) Armed Forces Identification Card. Coast Guard Port Security Card. In the
(d) Identification credentials issued event the old Coast Guard Port Secu-
by Federal Law enforcement and intel- rity Card was lost, stolen, or destroyed,
ligence agencies to their officers and then the applicant shall comply with
employees (e. g., Department of the the provisions in § 125.51, regarding the
Treasury, Department of Justice, Fed- replacement of a lost Coast Guard Port
eral Communications Commission). Security Card and the new card issued
(e) Identification credentials issued as a replacement for a lost card which
to public safety officials (e. g., police, has expired or is about to expire shall
firemen) when acting within the scope bear a current issuance date.
of their employment.
[CGFR 58–52, 23 FR 9751, Dec. 18, 1958]
(f) Transportation Worker Identifica-
tion Credential. § 125.13 Captain of the Port Identifica-
(g) Such other identification as may tion Cards.
be approved by the Commandant from
Captain of the Port Identification
time to time.
Cards issued under the form designa-
[CGD 56–15, 21 FR 2940, May 3, 1956, as amend- tion ‘‘Form CG 2514’’ prior to the revi-
ed by CGD 77–228, 43 FR 53427, Nov. 16, 1978; sion of August 1950 were declared in-
CG–2006–24196, 72 FR 3587, Jan. 25, 2007] valid by a notice published in the FED-
ERAL REGISTER on September 11, 1946
§ 125.11 Form of Coast Guard Port Se-
curity Card. (11 FR 10103), which declaration is here-
by reaffirmed.
The Coast Guard Port Security Card
issued by the Coast Guard under the § 125.15 Access to waterfront facilities,
provisions of this subchapter shall be a and port and harbor areas, includ-
laminated card bearing photograph, ing vessels and harbor craft there-
signature, fingerprint, and personal de- in.
scription of the holder, and other perti- (a) The Commandant will, from time
nent data. to time, direct Captains of the Port of
certain ports to prevent access of per-
§ 125.12 Period of validity of Coast sons who do not possess one or more of
Guard Port Security Cards. the identification credentials listed in
(a) The Coast Guard Port Security § 125.09 to those waterfront facilities,
Card (Form CG–2514) shall be valid for and port and harbor areas, including
a period of eight years from the date of vessels and harbor craft therein, where
issuance thereof unless sooner sus- the following shipping activities are
pended or revoked by proper authority. conducted:
On the first day after eight years from (1) Those vital to the Military De-
the date of issuance, the Coast Guard fense Assistance Program.
Port Security Card (Form CG–2514) is (2) Those pertaining to the support of
hereby declared invalid and shall be U.S. military operations.
considered null and void for all pur- (3) Those pertaining to loading and
poses. unloading explosives and other dan-
(b) The holder of a Coast Guard Port gerous cargo.
Security Card, which is about to expire (4) Those essential to the interests of
or has expired, may apply for a new national security and defense, to pre-
Coast Guard Port Security Card in ac- vent loss, damage or injury, or to in-
cordance with the procedures set forth sure the observance of rights and obli-
in § 125.21. In the event the applicant’s gations of the United States.
Coast Guard Port Security Card has ex- (b) No person who does not possess
pired, such card shall accompany the one of the identification credentials
application for a new Coast Guard Port aforesaid shall enter or remain in such
Security Card. In the event the appli- facilities, or port or harbor areas, in-
cant is holding a valid Coast Guard cluding vessels and harbor craft there-
Port Security Card at the time he sub- in.
mits his application for a new card, (c) The Captain of the Port shall give
such person shall surrender the old or local public notice of the restriction of
expired Coast Guard Port Security access to waterfront facilities, and port
Coast Guard, DHS § 125.21
and harbor areas, including vessels and (e) [Reserved]

harbor craft therein, as far in advance (f) Having been adjudged insane, hav-
as practicable, and shall cause such fa- ing been legally committed to an in-
cilities and areas to be suitably sane asylum, or treated for serious
marked as to such restriction. mental or neurological disorder, with-
out evidence of cure.
[CGFR 56–15, 21 FR 2940, May 3, 1956, as
amended by CGFR 58–43, 23 FR 8542, Nov. 1, (g) Having been convicted of any of
1958] the following offenses, indicative of a
criminal tendency potentially dan-
§ 125.17 Persons eligible for Coast gerous to the security of such water-
Guard Port Security Cards. front facilities and port and harbor
(a) Only the following persons may be areas, including vessels and harbor
issued Coast Guard Port Security craft therein; arson, unlawful traf-
Cards: ficking in drugs, espionage, sabotage,
(1) Persons regularly employed on or treason.
vessels or on waterfront facilities. (h) Drunkenness on the job or addic-
(2) Persons having regular public or tion to the use of narcotic drugs, with-
private business connected with the op- out adequate evidence of rehabilita-
eration, maintenance, or administration.
tion of vessels, their cargoes, or water- (i) Illegal presence in the United
front facilities. States, its territories or possessions;
(b) A holder of a Merchant Mariner’s having been found finally subject to de-
Document shall not be issued a Port portation order by the United States
Security Card, unless his Merchant Immigration and Naturalization Serv-
Mariner’s Document is surrendered to ice.
the Coast Guard. In this connection, [CGFR 56–15, 21 FR 2940, May 3, 1956, as
see § 125.09. amended by 37 FR 23422, Nov. 3, 1972]
[CGFR 62–39, 27 FR 11259, Nov. 15, 1962, as
amended by CGD 77–228, 43 FR 53427, Nov. 16,
§ 125.21 Applications.
1978] (a)(1) Application for a Coast Guard
Port Security Card shall be made under
§ 125.19 Standards. oath in writing and shall include appli-
Information concerning an applicant cant’s answers in full to inquiries with
for a Coast Guard Port Security Card, respect to such matters as are deemed
or a holder of such card, which may by the Commandant to be pertinent to
preclude a determination that his char- the standards set forth in § 125.19, and
acter and habits of life are such as to to be necessary for a determination
warrant the belief that his presence on whether the character and habits of
waterfront facilities, and port and har- life of the applicant are such as to war-
bor areas, including vessels and harbor rant the belief that his presence on wa-
craft therein, would not be inimical to terfront facilities, and port and harbor
the security of the United States, shall areas, including vessels and harbor
relate to the following: craft therein, would not be inimical to
(a) Advocacy of the overthrow or al- the security of the United States.
teration of the Government of the (2) The application also shall include
United States by unconstitutional applicant’s complete identification,
means. citizenship record, personal descrip-
(b) Commission of, or attempts or tion, military record, if any, and a
preparations to commit, an act of espi- statement of the applicant’s sponsor
onage, sabotage, sedition or treason, or certifying the applicant’s employment
conspiring with, or aiding or abetting or union membership and that appli-
another to commit such an act. cant’s statements are true and correct
(c) Performing, or attempting to per- to the best of sponsor’s knowledge.
form, duties or otherwise acting so as (3) The application shall be accom-
to serve the interests of another gov- panied by two unmounted, dull finish
ernment to the detriment of the United photographs, 1 inch × 115⁄16 inches, of
States. passport type, taken within one year of

(d) Deliberate unauthorized disclo- the date of application. The photo-
sure of classified defense information. graph shall show the full face with the
§ 125.23 33 CFR Ch. I (7–1–20 Edition)
head uncovered and shall be a clear and possession showing the date and place
satisfactory likeness of the applicant. of birth.
It shall portray the largest image of (e) United States passport.
the head and upper shoulders possible (f) A commission in one of the armed
within the dimensions specified. forces of the United States, either reg-
(4) Fingerprint records on each appli- ular or reserve; or satisfactory docu-
cant shall be taken by the Coast Guard mentary evidence of having been com-
at the time application is submitted. missioned in one of the armed forces
(5) The applicant shall present satis-
subsequent to January 1, 1936, provided
factory proof of his citizenship.
such commission or evidence shows the
(6) The applicant shall indicate the
address to which his Coast Guard Port holder to be a citizen.
Security Card can be delivered to him (g) A continuous discharge book, or
by mail. Under special circumstances Merchant Mariner’s Document issued
the applicant may arrange to call in by the Coast Guard which shows the
person for the Coast Guard Port Secu- holder to be a citizen of the United
rity Card. States.
(7) The applicant shall present his ap- (h) If an applicant claiming to be a
plication, in person, to a Coast Guard citizen of the United States submits a
Port Security Unit designated to re- delayed certificate of birth issued
ceive such applications. Such units will under a State’s seal, it may be accept-
be located in or near each port where ed as prima facie evidence of citizen-
Coast Guard Port Security Cards are ship if no one of the requirements in
required. Each Captain of the Port paragraphs (a) through (g) of this sec-
shall forward promptly to the Com- tion can be met by the applicant and in
mandant each application for a Coast the absence of any collateral facts indi-
Guard Port Security Card received by cating fraud in its procurement.
him. (i) If no one of the requirements in
(b) If an applicant fails or refuses to paragraphs (a) through (h) of this sec-
furnish the required information or to tion can be met by the applicant, he
make full and complete answer with re- should make a statement to that ef-
spect to all matters of inquiry, the
fect, and in an attempt to establish
Commandant shall hold in abeyance
citizenship, he may submit for consid-
further consideration of the applica-
eration data of the following character:
tion, and shall notify the applicant
that further action will not be taken (1) Report of the Census Bureau
unless and until the applicant fur- showing the earliest record of age or
nishes the required information and birth available. Request for such infor-
fully and completely answers all in- mation should be addressed to the Di-
quiries directed to him. rector of the Census, Suitland, Md.
20233. In making such request, definite
[CGFR 59–63, 25 FR 1589, Feb. 24, 1960] information must be furnished the Cen-
§ 125.23 United States citizens. sus Bureau as to the place of residence
when the first census was taken after
Acceptable evidence of United States the birth of the applicant, giving the
citizenship is described in this section name of the street and the number of
in the order of its desirability; how- the house, or other identification of
ever, the Coast Guard will reject any place where living, etc.; also names of
evidence not believed to be authentic; parents or the names of other persons
(a) Birth certificate or certified copy with whom residing on the date speci-
thereof.
fied.
(b) Certificate of naturalization. This
shall be presented by all persons claim- (2) School records, immigration
ing citizenship through naturalization. records, or insurance policies (the lat-
(c) Baptismal certificate or parish ter must be at least 10 years old).
record recorded within one year after
§ 125.25 Aliens.
birth.
(d) Statement of a practicing physi- Alien registration records together

cian certifying that he attended the with other papers and documents
birth and that he has a record in his which indicated the country of which
10
the applicant is a citizen shall be ac- ommendations for action by the Com-
cepted as evidence of citizenship in a mandant.
foreign nation.
[CGFR 59–63, 25 FR 1589, Feb. 24, 1960]
§ 125.27 Sponsorship of applicant.
§ 125.31 Approval of applicant by Com-
Applications for a Coast Guard Port mandant.
Security Card shall not be accepted un-
less sponsored. The applicant shall be (a) If the Commandant is satisfied
sponsored by an authorized official of that the character and habits of life of
applicant’s employer or by an author- the applicant are not such as to war-
ized official of applicant’s labor union. rant the belief that his presence on wa-
Each company and each labor union terfront facilities, and port and harbor
concerned shall file with the appro- areas, including vessels and harbor
priate Captain of the Port a list of offi- craft therein, would be inimical to the
cials of the company or union who are security of the United States, he will
authorized to sponsor applicants. Other direct that a Coast Guard Port Secu-
sponsorship may be accepted where the rity Card be issued to the applicant.
circumstances warrant. (b) If the Commandant is not satis-
fied that the character and habits of
§ 125.29 Insufficient information. life of the applicant are such as to war-
(a)(1) If, in the judgment of the Com- rant the belief that his presence on wa-
mandant, an application does not con- terfront facilities, and port and harbor
tain sufficient information to enable areas, including vessels and harbor
him to satisfy himself that the char- craft therein, would not be inimical to
acter and habits of life of the applicant the security of the United States, he
are such to warrant the belief that his will notify the applicant in writing as
presence on waterfront facilities, and provided for in § 125.35.
port and harbor areas, including ves-
§ 125.33 Holders of Coast Guard Port
sels and harbor craft herein, would not Security Cards.
be inimical to the security of the
United States, the Commandant may (a) Whenever the Commandant is not
require the applicant to furnish, under satisfied that the character and habits
oath in writing or orally, such further of life of a holder of a Coast Guard Port
information as he deems pertinent to Security Card are such as to warrant
the standards set forth in § 125.19 and the belief that his presence on water-
necessary to enable him to make such front facilities and port and harbor
a determination. areas, including vessels and harbor
(2) If an applicant fails or refuses to craft therein, would not be inimical to
furnish such additional information, the security of the United States, he
the Commandant shall hold in abey- will request the holder to furnish,
ance further consideration of the appli- under oath in writing, such informa-
cation, and shall notify the applicant tion as he deems pertinent and nec-
that further action will not be taken essary for a determination on this
unless and until the applicant fur- issue.
nishes such information. (b) If the holder fails or refuses to
(b) Upon receipt, the application and furnish such information within thirty
such further information as the Com- (30) days after receipt of the Com-
mandant may have required shall be mandant’s request, the Commandant
referred, except in those instances may issue the written notice provided
where action on an application is held for in § 125.35(a).
in abeyance pursuant to § 125.21(b) or to (c) The holder’s failure or refusal to
paragraph (a)(2) of this section, to a furnish such information shall preclude
committee composed of a representa- a determination that the holder’s char-
tive of the Legal Division, of the Mer- acter and habits of life are such as to
chant Vessel Personnel Division and of warrant the belief that his presence on
the Intelligence Division, Coast Guard waterfront facilities, and port and har-
Headquarters. The committee shall bor areas, including vessels and harbor
prepare an analysis of the available in- craft therein, would not be inimical to
formation and shall make rec- the security of the United States.
11
§ 125.35 33 CFR Ch. I (7–1–20 Edition)
(d) Upon receipt of such information bor areas, including vessels and harbor
as the Commandant may have re- craft therein, would not be inimical to
quired, the procedure prescribed in the security of the United States, he
§ 125.29(b) shall be followed. shall, in the case of an applicant, direct
(e) If the Commandant is satisfied that a Coast Guard Port Security Card
that the character and habits of life of be issued to the applicant, or, in the
the holder are such as to warrant the case of a holder, notify him accord-
belief that his presence on waterfront ingly.
facilities, and port and harbor areas, (e) If the Commandant is not satis-
including vessels and harbor craft fied that the applicant’s or holder’s
therein, would not be inimical to the character and habits of life are such as
security of the United States, he shall to warrant the belief that his presence
notify the holder accordingly. on waterfront facilities, and port and
(f) If the Commandant is not satisfied harbor areas, including vessels and har-
that the character and habits of life of bor craft therein, would not be inimical
the holder are such as to warrant the to the security of the United States,
belief that his presence on waterfront the Commandant shall refer the matter
facilities, and port and harbor areas, to a Hearing Board for hearing and rec-
including vessels and harbor craft ommendation in accordance with the
therein, would not be inimical to the provisions of this part.
security of the United States, he shall
notify the holder in writing as provided § 125.37 Hearing Boards.
for in § 125.35. The Commandant may establish a
[CGFR 59–63, 25 FR 1589, Feb. 24, 1960] Hearing Board in each Coast Guard
District. The Commandant shall des-
§ 125.35 Notice by Commandant. ignate for each Hearing Board a Chair-
(a) The notice provided for in §§ 125.31 man, who shall be, so far as prac-
and 125.33 shall contain a statement of ticable, an officer of the Coast Guard.
the reasons why the Commandant is The Commandant shall designate, so
not satisfied that the character and far as practicable, a second member
habits of life of the applicant or holder from a panel of persons representing
are such as to warrant the belief that labor named by the Secretary of Labor,
his presence on waterfront facilities, and a third member from a panel of
and port and harbor areas, including persons representing management
vessels and harbor craft therein, would named by the Secretary of Labor.
not be inimical to the security of the
United States. Such notice shall be as § 125.39 Notice by Hearing Board.
specific and detailed as the interests of Whenever the Commandant refers a
national security shall permit and matter to a Hearing Board, the Chair-
shall include pertinent information man shall:
such as names, dates, and places in (a) Fix the time and place of the
such detail as to permit reasonable an- hearing;
swer. (b) Inform the applicant or holder of
(b) The applicant or holder shall have the names of the members of the Hear-
20 days from the date of receipt of the ing Board, their occupations, and the
notice of reasons to file written answer businesses or organizations with which
thereto. Such answer may include they are affiliated, of his privilege of
statements or affidavits by third par- challenge, and of the time and place of
ties or such other documents or evi- the hearing;
dence as the applicant or holder deems (c) Inform the applicant or holder of
pertinent to the matters in question. his privilege to appear before the Hear-
(c) Upon receipt of such answer the ing Board in person or by counsel or
procedure prescribed in § 125.29(b) shall representative of his choice, and to
be followed. present testimonial and documentary
(d) If the Commandant is satisfied evidence in his behalf, and to cross-ex-
that the character and habits of life of amine any witnesses appearing before
the applicant or holder are such as to the Board; and

warrant the belief that his presence on (d) Inform the applicant or holder
waterfront facilities, and port and har- that if within 10 days after receipt of
12
the notice he does not request an op- § 125.43 Hearing procedure.

portunity to appear before the Hearing
(a) Hearings shall be conducted in an
Board, either in person or by counsel or
orderly manner and in a serious, busi-
representative, the Hearing Board will
nesslike atmosphere of dignity and de-
proceed without further notice to him.
corum and shall be expedited as much
§ 125.41 Challenges. as possible.
(b) The hearing shall be in open or
Within five days after receipt of the
closed session at the option of the ap-
notice described in § 125.39 the appli-
cant or holder may request disquali- plicant or holder.
fication of any member of the Hearing (c) Testimony before the Hearing
Board on the grounds of personal bias Board shall be given under oath or af-
or other cause. The request shall be ac- firmation.
companied by an affidavit setting forth (d) The Chairman of the Hearing
in detail the facts alleged to constitute Board shall inform the applicant or
grounds for disqualification. The affi- holder of his right to:
davit may be supplemented by an oral (1) Participate in the hearing;
presentation if desired. If after due (2) Be represented by counsel of his
consideration the Chairman believes a choice;
challenged member is qualified not- (3) Present witnesses and offer other
withstanding the challenge, he shall evidence in his own behalf and in refu-
notify the person who made the chal- tation of the reasons set forth in the
lenge and arrange to proceed with the Notice of the Commandant; and
hearing. If the person who made the (4) Cross-examine any witnesses of-
challenge takes exception to the ruling fered in support of such reasons.
of the Chairman, the exception and (e) Hearings shall be opened by the
data relating to the claim of disquali- reading of the Notice of the Com-
fication shall be made a matter of mandant and the answer thereto. Any
record. If the Chairman finds that statement and affidavits filed by the
there is reasonable ground for disquali- applicant or holder may be incor-
fication he shall furnish the person porated in the record by reference.
who made the challenge with the name (f) The Hearing Board may, in its dis-
of an alternate in lieu of the challenged cretion, invite any person to appear at
member and arrange to proceed with the hearing and testify. However, the
the hearing. In the event the Chairman Board shall not be bound by the testi-
is challenged, he shall forthwith notify mony of such witness by reason of hav-
the Commandant, furnishing the ing called him and shall have full right
grounds for the claim of disqualifica- to cross-examine the witness. Every ef-
tion, and the Commandant shall act fort shall be made to produce material
upon the challenge in accordance with witnesses to testify in support of the
the foregoing procedure. In addition to reasons set forth in the Notice of the
the right to challenge for cause, a per- Commandant, in order that such wit-
son who has requested a hearing shall nesses may be confronted and cross-ex-
have two peremptory challenges, one amined by the applicant or holder.
challenge for the management member (g) The applicant or holder may in-
and one challenge for the labor mem- troduce such evidence as may be rel-
ber of the Hearing Board. Should the evant and pertinent. Rules of evidence
management member be so challenged, shall not be binding on the Hearing
the person who made the challenge Board, but reasonable restrictions may
may elect to have the management be imposed as to the relevancy, com-
member replaced by another manage- petency and materiality of matters
ment member or by a member not rep- considered. If the applicant or holder
resenting either management or labor; is, or may be, handicapped by the non-
if the member peremptorily challenged disclosure to him of confidential
represents labor, the person who made sources, or by the failure of witnesses
the challenge may elect to have the to appear, the Hearing Board shall take
labor member replaced by another the fact into consideration.

labor member or by a member not rep- (h) The applicant or holder or his
resenting either management or labor. counsel or representative shall have
13
§ 125.45 33 CFR Ch. I (7–1–20 Edition)
the right to control the sequence of cant, direct that a Coast Guard Port
witnesses called by him. Security Card be issued to the appli-
(i) The Hearing Board shall give due cant, or, in the case of a holder, notify
consideration to documentary evidence him accordingly.
developed by investigation, including (b) If, upon receipt of the Board’s rec-
membership cards, petitions bearing ommendation, the Commandant is not
the applicant’s or holder’s signature, satisfied that the character and habits
books, treatises or articles written by of life of the applicant or holder are
the applicant or holder and testimony such as to warrant the belief that his
by the applicant or holder before duly presence on waterfront facilities, and
constituted authority. port and harbor areas, including ves-
(j) Complete verbatim stenographic sels and harbor craft therein, would
transcription shall be made of the not be inimical to the security of the
hearing by qualified reporters and the United States, the Commandant shall:
transcript shall constitute a perma- (1) In the case of an applicant, notify
nent part of the record. Upon request, him that a Coast Guard Port Security
the applicant or holder or his counsel Card will not be issued to the appli-
or representative shall be furnished, cant, or,
without cost, a copy of the transcript
(2) In the case of a holder, revoke and
of the hearing.
require the surrender of his Coast
(k) The Board shall reach its conclu-
Guard Port Security Card.
sion and base its determination on in-
formation presented at the hearing, to- (c) Such applicant or holder shall be
gether with such other information as notified of his right, and shall have 20
may have been developed through in- days from the receipt of such notice
vestigation and inquiries or made within which, to appeal under this
available by the applicant or holder. part.
(l) If the applicant or holder fails,
§ 125.47 Appeals.
without good cause shown to the satis-
faction of the chairman, to appear per- (a) The Commandant shall establish
sonally or to be represented before the at Coast Guard Headquarters, Wash-
Hearing Board, the Board shall proceed ington, DC, an Appeal Board to hear
with consideration of the matter. appeals provided for in this part. The
(m) The recommendation of the Commandant shall designate for the
Hearing Board shall be in writing and Appeal Board a Chairman, who shall be
shall be signed by all members of the so far as practicable, an officer of the
Board. The Board shall forward to the Coast Guard. The Commandant shall
Commandant, with its recommenda- designate, so far as practicable, a mem-
tion, a memorandum of reasons in sup- ber from a panel of persons rep-
port thereof. Should any member be in resenting management nominated by
disagreement with the majority a dis- the Secretary of Labor, and a member
sent should be noted setting forth the from a panel of persons representing
reasons therefor. The recommendation labor nominated by the Secretary of
of the Board, together with the com- Labor. The Commandant shall insure
plete record of the case, shall be sent that persons designated as Appeal
to the Commandant as expeditiously as Board members have suitable security
possible. clearance. The Chairman of the Appeal
Board shall make all arrangements in-
§ 125.45 Action by Commandant. cident to the business of the Appeal
(a) If, upon receipt of the Board’s rec- Board.
ommendation, the Commandant is sat- (b) If an applicant or holder appeals
isfied that the character and habits of to the Appeal Board within 20 days
life of the applicant or holder are such after receipt of notice of his right to
as to warrant the belief that his pres- appeal under this part, his appeal shall
ence on waterfront facilities, and port be handled under the same procedure
and harbor areas, including vessels and as that specified in § 125.39, and the
harbor craft therein, would not be in- privilege of challenge may be exercised
imical to the security of the United through the same procedure as that
States, he shall, in the case of an appli- specified in § 125.41.
14
(c) Appeal Board proceedings shall be Port Security Unit or Captain of the
conducted in the same manner as that Port if the original card should be re-
specified in § 125.43. covered.
§ 125.49 Action by Commandant after § 125.53 Requirements for credentials;

appeal. certain vessels operating on navi-
gable waters of the United States
(a) If, upon receipt of the Appeal (including the Great Lakes and
Board’s recommendation, the Com- Western Rivers).
mandant is satisfied that the character
(a) Every person desiring access to
and habits of life of the applicant or
vessels, except public vessels, falling
holder are such as to warrant the belief
within any of the categories listed
that his presence on waterfront facili-
below, as a master, person in charge, or
ties, and port and harbor areas, includ-
member of the crew thereof, shall be
ing vessels and harbor craft therein,
required to be in possession of one of
would not be inimical to the security
the identification credentials listed in
of the United States, he shall, in the
§ 125.09.
case of an applicant, direct that a
(1) Towing vessels, barges, and light-
Coast Guard Port Security Card be
ers operating in the navigable waters
issued to the applicant, or in the case of the continental United States other
of a holder, notify him accordingly. than the Great Lakes and Western Riv-
(b) If, upon receipt of the Appeal ers.
Board’s recommendation, the Com- (2) Harbor craft, such as water taxis,
mandant is not satisfied that the char- junk boats, garbage disposal boats,
acter and habits of life of the applicant bum boats, supply boats, repair boats,
or holder are such as to warrant the be- and ship cleaning boats, which in the
lief that his presence on waterfront fa- course of their normal operations serv-
cilities, and port and harbor areas, in- ice or contact vessels, foreign or do-
cluding vessels and harbor craft there- mestic, public or merchant, in the nav-
in, would not be inimical to the secu- igable waters of the continental United
rity of the United States, the Com- States other than the Great Lakes and
mandant shall notify the applicant or Western Rivers.
holder that his appeal is denied. (b) The term ‘‘master, person in
charge, or member of the crew’’ shall
§ 125.51 Replacement of lost Coast
Guard Port Security Card. be deemed to include any person who
serves on board in any capacity con-
(a) Any person whose Coast Guard cerned with the operation, mainte-
Port Security Card has been stolen, nance, or administration of the vessel
lost, or destroyed shall report that fact or its cargo.
to a Coast Guard Port Security Unit or (c) Where the Coast Guard Port Secu-
Captain of the Port as soon thereafter rity Card (Form CG 2514) is to be used
as possible. as the identification required by para-
(b) A person who has lost a Coast graph (a) of this section, application
Guard Port Security Card may apply for such card may be made imme-
for a replacement card by submitting diately by the persons concerned. The
‘‘An Application for Replacement of issuance of the Coast Guard Port Secu-
Lost Port Security Card’’ (Form CG rity Card shall be in the form and man-
2685A) to a Coast Guard Port Security ner prescribed by § 125.11.
Unit. A replacement will be issued only (d) At the discretion of the District
after a full explanation of the loss of Commander any person desiring access
the Coast Guard Port Security Card is to vessels of the categories named in
made in writing to the Coast Guard this section, who may be required by
and after a full check is made and au- the provisions hereof to possess identi-
thorization is granted by the Com- fication credentials, may be furnished
mandant. a letter signed by the District Com-
(c) Any person to whom a Coast mander or the Captain of the Port and
Guard Port Security Card has been this letter shall serve in lieu of a Coast
issued as a replacement for a lost card, Guard Port Security Card and will au-
shall immediately surrender the origi- thorize such access for a period not to
nal card to the nearest Coast Guard exceed 60 days, and such a letter issued
15
§ 125.55 33 CFR Ch. I (7–1–20 Edition)
shall be deemed to be satisfactory iden- 126.16 Conditions for designating a ‘‘facility

tification within the meaning of of particular hazard.’’
§ 125.09. The issuance of the letter shall 126.17 Permits required for handling des-
ignated dangerous cargo.
be subject to the following conditions: 126.19 Issuance of permits for handling des-
(1) The services of the person are nec- ignated dangerous cargo.
essary to avoid delay in the operation 126.21 Permitted transactions.
of the vessel; 126.23 Termination or suspension of per-
(2) The person does not possess one of mits.
the identification credentials listed in 126.25 Penalties for handling designated
§ 125.09. dangerous cargo without permit.
126.27 General permit for handling dan-
(3) The person has filed his applica- gerous cargo.
tion for a Coast Guard Port Security 126.28 Ammonium nitrate, ammonium ni-
Card or submits his application before trate fertilizers, fertilizer mixtures, or
the letter is issued; and, nitro carbo nitrate; general provisions.
(4) The person has been screened by 126.29 Supervision and control of dangerous
the District Commander or Captain of cargo.
the Port and such officer is satisfied 126.30 What are the conditions for con-
ducting welding and hotwork?
concerning the eligibility of the appli-
126.31 Termination or suspension of general
cant to receive a temporary letter. permit.
[CGFR 56–15, 21 FR 2940, May 3, 1956, as 126.33 Penalties for handling dangerous
amended by CGFR 58–51, 21 FR 9339, Nov. 30, cargo without permit.
1956] 126.35 Primary responsibility.
126.37 Separability.
§ 125.55 Outstanding Port Security AUTHORITY: 33 U.S.C. 1231; 49 CFR 1.46.
Card Applications.
A person who has filed an application § 126.1 What does this part apply to?
for a Coast Guard Port Security Card This part applies to waterfront facili-
and who did not receive such a docu- ties handling packaged and bulk-solid
ment prior to May 1, 1956, shall submit dangerous cargo and to vessels at those
a new application in accordance with facilities.
the requirements of this part.
[USCG–1998–4302, 68 FR 55440, Sept. 26, 2003]
[CGFR 61–54, 26 FR 11862, Dec. 12, 1961]
§ 126.3 Definitions.
§ 125.57 Applications previously de- As used in this part—
nied.
Break-bulk means packages that are
A person who has been denied a Coast handled individually, palletized, or
Guard Port Security Card before May unitized for purposes of transportation,
1, 1956, may file a new application for as opposed to materials in bulk and
such a document in accordance with containerized freight.
the requirements of this part. Bulk means without mark or count
and directly loaded or unloaded to or
PART 126—HANDLING OF DAN- from a hold or tank on a vessel without
GEROUS CARGO AT WATER- the use of containers or break-bulk
FRONT FACILITIES packaging.
Captain of the port or COTP means
Sec. the officer of the Coast Guard, under
126.1 What does this part apply to? the command of a District Commander,
126.3 Definitions. is designated by the Commandant for
126.5 Incorporation by reference: Where can the purpose of giving immediate direc-
I get a copy of the publications men- tion to Coast Guard law enforcement
tioned in this part? activities within an assigned area.
126.11 Waiver authority based on local or Cargo of particular hazard means any
unusual conditions. of the following:
126.12 How do I request the use of an alter-
native method of complying with a re-
(1) Division 1.1 and 1.2 explosives, as
defined in 49 CFR 173.50, for which a
quirement in this part?

126.13 Designation of waterfront facilities. permit is required under 33 CFR 126.17.
126.15 What conditions must a designated (2) Ammonium nitrate products, divi-
waterfront facility meet? sion 5.1 (oxidizing) materials listed in
16
49 CFR 176.410, for which a permit is re- Waterfront facility means all piers,
quired under 49 CFR 176.415. wharves, and similar structures to
(3) Division 4.3 dangerous when wet which a vessel may be secured; areas of
products as defined in 49 CFR 173.124, in land, water, or land and water under
excess of 60 mt. and in the immediate proximity to
(4) Division 2.3 and 6.1 poison inhala- these structures; buildings on or con-
tion hazard products as defined in 49 tiguous to these structures; and the
CFR 173.115 and 173.132, respectively. equipment and materials on or in these
(5) Class 7 highway route controlled structures or buildings. The term does
quantity radioactive material or fissile not include facilities directly operated
material, controlled shipment, as de- by the Department of Defense.
fined in 49 CFR 173.403.
[USCG–1998–4302, 68 FR 55440, Sept. 26, 2003,
Commandant means the Commandant
as amended by USCG–2008–0179, 73 FR 35013,
of the United States Coast Guard. June 19, 2008]
Container means a reusable container
that has a volume of 1.81 cubic meters § 126.5 Incorporation by reference:
(64 cubic feet) or more, is designed and Where can I get a copy of the publi-
constructed to permit being lifted with cations mentioned in this part?
its contents intact, and is intended pri-
(a) Certain material is incorporated
marily for containment of packages (in
by reference into this part with the ap-
unit form) during transportation.
proval of the Director of the Federal
Dangerous cargo means all hazardous
Register under 5 U.S.C. 552(a) and 1
materials listed in 49 CFR parts 170
CFR part 51. To enforce any edition
through 179, except those materials
other than that specified in paragraph
preceded by an ‘‘A’’ in the Hazardous
Materials Table in 49 CFR 172.101, and (b) of this section, we must publish a
all cargo listed in 46 CFR part 148. notice of change in the FEDERAL REG-
ISTER and the material must be avail-
Designated dangerous cargo means Di-
vision 1.1 and 1.2 explosives as defined able to the public. All approved mate-
in 49 CFR 173.50. rial is available for inspection at the
Designated waterfront facility means a Coast Guard Headquarters. Contact
waterfront facility designated under Commandant (CG–OES), Attn: Office of
§ 126.13 for the handling, storing, load- Operating and Environmental Stand-
ing, and discharging of any hazardous ards, U.S. Coast Guard Stop 7509, 2703
material(s) subject to the Dangerous Martin Luther King Jr. Avenue SE.,
Cargoes Regulations (49 CFR parts 170 Washington, DC 20593–7509. You may
through 179), except for those materials also contact the National Archives and
preceded by an ‘‘A’’ in the Hazardous Records Administration (NARA). For
Materials Table in 49 CFR 172.101 and information on the availability of this
for those materials carried as bulk liq- material at NARA, call 202–741–6030, or
uids. go to: http://www.archives.gov/fed-
Facility of particular hazard means a erallregister/
designated waterfront facility that is codeloflfederallregulations/
authorized to handle a cargo of par- ibrllocations.html. All approved mate-
ticular hazard. rial is available from the sources indi-
Facility operator means the person or cated in paragraph (b) of this section.
company who owns, operates, or is re- (b) The materials approved for incor-
sponsible for the operation of a water- poration by reference in this part, and
front facility. the sections affected, are as follows:
Net tons means net weight in tons. ASTM International, 100 Barr Harbor
Net weight, in reference to material in Drive, P.O. Box C700, West
a package, tank, or container, means Conshohocken, PA 19428–2959, 877–
the weight of the contents of a pack- 909–2786, http://www.astm.org.
age, tank, or container and does not in- ASTM F1121–87 (Reapproved
2010), Standard Specification
clude the weight of any packaging ma-
for International Shore Con-

terial or containing devices. nections for Marine Fire Appli-
Transport unit means a transport ve- cations, (approved March 1,
hicle or a container. 2010) .......................................... 126.15
17
§ 126.11 33 CFR Ch. I (7–1–20 Edition)
National Fire Protection Association (b) The request must establish, to the
(NFPA), One Batterymarch Park, COTP’s satisfaction—
P.O. Box 9101, Quincy, MA 02269– (1) That compliance with the require-
9101: ment is economically or physically im-
NFPA 10, Standard for Portable practical; and
Fire Extinguishers, 1998 Edi- (2) That the alternative requested
tion ........................................... 126.15 provides an equivalent or greater level
NFPA 13, Standard for the Instal- of safety.
lation of Sprinkler Systems,
1996 Edition .............................. 126.15 (c) The COTP examines the request
NFPA 14, Standard for the Instal- and provides an answer, in writing,
lation of Standpipe and Hose within 30 days of receipt of the request.
Systems, 1996 Edition ............... 126.15 [USCG–1998–4302, 68 FR 55441, Sept. 26, 2003]
NFPA 30, Flammable and Com-
bustible Liquids Code, 1996 ....... 126.15 § 126.13 Designation of waterfront fa-
NFPA 51B, Standard for Fire Pre- cilities.
vention in Use of Cutting and
Welding Processes, 1994 Edition 126.30 (a) Waterfront facilities which fulfill
NFPA 70, National Electrical the conditions required in § 126.15, un-
Code, 1996 .................................. 126.15 less waived under provisions of § 126.11,
NFPA 307, Standard for the Con- and only such waterfront facilities are
struction and Fire Protection designated for the handling, storing,
of Marine Terminals, Piers, and stowing, loading, discharging, or trans-
Wharves, 1995 Edition ............... 126.15 porting of dangerous cargo, subject to
compliance with other applicable re-
[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003,
as amended at 69 FR 18803, Apr. 9, 2004;
quirements and provisions set forth in
USCG–2010–0351, 75 FR 36283, June 25, 2010; this part.
USCG–2012–0866, 78 FR 13248, Feb. 27, 2013; (b) Handling, storing, stowing, load-
USCG–2014–0410, 79 FR 38434, July 7, 2014] ing, discharging, or transporting dan-
gerous cargo at any waterfront facility
§ 126.11 Waiver authority based on other than one designated by this sec-
local or unusual conditions. tion is hereby prohibited, and violation
Whenever the Commandant, the Dis- of this prohibition will subject the vio-
trict Commander, or the Captain of the lator to the civil or criminal penalties
Port finds that the application of any provided in section 13 of the Ports and
provisions contained in §§ 126.15 and Waterways Safety Act (33 U.S.C. 1232).
126.16 is not necessary to the safety or [CGFR 57–52, 22 FR 10302, Dec. 20, 1957, as
security of the port and vessels and wa- amended by CGD 78–023, 44 FR 4643, Jan. 22,
terfront facilities therein, or that its 1979]
application is not practical because of
local conditions or because the mate- § 126.15 What conditions must a des-
rials or personnel required for compli- ignated waterfront facility meet?
ance are not available, or because the (a) All designated waterfront facili-
requirements of the national defense ties must meet the following:
justify a departure from such provi- (1) Fire extinguishing equipment. Fire
sion, the Commandant, the District extinguishing equipment, such as auto-
Commander, or the Captain of the Port matic sprinklers, hydrants, hose con-
may waive compliance with such provi- nections, and firefighting water sup-
sion, to the extent and under such re- plies must be available and maintained
quirements as they determine. in adequate quantities and locations.
[CGD 78–023, 44 FR 4643, Jan. 22, 1979]
Fire extinguishing equipment must
meet State and local laws. In the ab-
§ 126.12 How do I request the use of an sence of applicable State and local
alternative method of complying laws, fire extinguishing equipment
with a requirement in this part? must meet NFPA 10, 13, 14, and 307. (In-
(a) An owner or operator of a water- corporated by reference, see § 126.5.)
(2) Fire appliances. The location of all
front facility may request that the

COTP allow the use of an alternative fire appliances, such as hydrants,
method of complying with a require- standpipes, hose stations, fire extin-
ment in this part. guishers, and fire alarm boxes must be
18
conspicuously marked and readily ac- combustion engines must meet the re-
cessible according to NFPA 10, 13, 14, quirements of NFPA 307, chapter 9.
and 307. (10) Smoking. Smoking is allowed on
(3) Warning signs. Warning signs must the facility where permitted under
be constructed and installed according State or local law. Signs must be post-
to NFPA 307, chapter 7–8.7. ed marking authorized smoking areas.
(4) Lighting. If the facility transfers ‘‘No Smoking’’ signs must be conspicu-
dangerous cargo between sunset and ously posted elsewhere on the facility.
sunrise, it must have outdoor lighting (11) Rubbish and waste material. All
that adequately illuminates the trans-
rubbish, debris, and waste materials
fer work area. The lighting must be in-
must be placed in adequate receptacles.
stalled and maintained according to
NFPA 70 (Incorporated by reference, (12) Adequacy of equipment, materials,
see § 126.5.) and must be located or and standards. The COTP may deter-
shielded so that it cannot be mistaken mine that any equipment, material, or
for an aid to navigation and does not standard is not reasonably adequate
interfere with navigation on water- under the circumstances. If so, the
ways. COTP informs the owner or operator in
(5) International shore connection. If writing and provides an opportunity
the facility conducts cargo operations for the owner or operator to have the
involving foreign-flag vessels, the facil- deficiency corrected.
ity must have an international shore (b) All designated waterfront facili-
connection meeting ASTM F–1121. (In- ties that handle dangerous cargo, not
corporated by reference, see § 126.5.) in transport units, must also meet the
(6) Access to the facility. Whenever following:
dangerous cargo is transferred or (1) Arrangement of cargo, freight, mer-
stored on the facility, access to the fa- chandise, or material. Cargo, freight,
cility must be limited to— merchandise, and other items or mate-
(i) Personnel working on the facility rial on the facility must be arranged to
or vessel;
provide access for firefighting and
(ii) Delivery and service personnel
clearance for fire prevention according
authorized to conduct their business;
(iii) Coast Guard and other Federal, to NFPA 307, chapter 8–5.
State, and local officials; (2) Portable fire extinguishers. Each fa-
(iv) Local emergency personnel, such cility must have and maintain, in ade-
as police officers and firemen; and quate quantities and locations, port-
(v) Other persons authorized by the able fire extinguishers that meet the
owner or operator of the facility. requirements of NFPA 10. These extin-
(7) Security measures. Guards must be guishers must be inspected and main-
stationed, or equivalent controls ac- tained in accordance with NFPA 10.
ceptable to the COTP must be used, to (3) Electrical systems. All new elec-
deter and detect unlawful entrance; to trical equipment and wiring installed
detect and report fire hazards, fires, on the facility must be of the same
and releases of dangerous cargoes and type and installed as specified under
hazardous materials; to check the read- NFPA 70. All defective or dangerous
iness of protective equipment; and to electrical equipment and wiring must
report other emergency situations at be promptly repaired, replaced, or per-
the facility. manently disconnected.
(8) Coast Guard personnel. At any (4) Heating equipment and other sources
time, Coast Guard personnel must be of ignition. Open fires and open-flame
allowed to enter the facility to conduct
lamps are prohibited on the facility.
inspections or board vessels moored at
Heating equipment must meet NFPA
the facility.
(9) Material handling equipment, 307, chapter 9–4.
trucks, and other motor vehicles. When (5) Maintenance stores and supplies.
dangerous cargo is being transferred or Hazardous material(s) used in the oper-
stored on the facility, material han- ation or maintenance of the facility

dling equipment, trucks, and other may be stored only in amounts nec-
motor vehicles operated by internal essary for normal operating conditions.
19
§ 126.16 33 CFR Ch. I (7–1–20 Edition)
These materials must be stored in com- vehicles to or from a railroad or high-

partments that are remote from com- way vehicle ferry or carfloat; provided
bustible material; constructed to pro- such designated cargoes are not re-
vide safe storage; and kept clean and moved from, or placed in, the railroad
free of scrap materials, empty con- car or highway vehicle while it is in or
tainers, soiled wiping rags, waste, and on such waterfront facility.
other debris. Flammable liquids must
[CGFR 58–43, 23 FR 8542, Nov. 1, 1958]
be stored according to NFPA 30, chap-
ter 4. (Incorporated by reference, see § 126.19 Issuance of permits for han-
§ 126.5.) dling designated dangerous cargo.
(c) All designated waterfront facili-
Upon the application of the owners or
ties that handle dangerous cargo in
operators of a designated waterfront
transport units must also meet the fol-
facility or of their authorized rep-
lowing:
resentatives, the Captain of the Port is
(1) Terminal yards. Terminal yards
authorized to issue a permit for each
must conform to the standards in
transaction of handling, loading, dis-
NFPA 307, chapter 5.
charging, or transporting designated
(2) Containers. Containers packed
dangerous cargo at such waterfront fa-
with dangerous cargo that are
cility provided the following require-
vertically stacked must be stacked no
ments are met:
more than four high.
(a) The facility shall comply in all
[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003] respect with the regulations in this
subchapter.
§ 126.16 Conditions for designating a (b) The quantity of designated dan-
‘‘facility of particular hazard.’’ gerous cargo, except Class 1 (explosive)
(a) Basic requirements. The facility materials shipped by or for the Armed
shall comply with all the conditions in Forces of the United States, on the wa-
§ 126.15 except where specifically terfront facility and vessels moored
waived by § 126.11. thereto shall not exceed the limits as
(b) Warning alarms. Warning alarms to maximum quantity, isolation and
shall be installed at the waterside of remoteness established by local, mu-
such a facility to warn approaching or nicipal, territorial, or State authori-
transiting water traffic of immediate ties. Each permit issued under these
danger in the event of fire or cargo re- conditions shall specify that the limits
lease. Warning alarms shall be of the so established shall not be exceeded.
siren type, or the emergency rotating (c) The quantity of designated dan-
flashing light type, and be of sufficient gerous cargo consisting of Class 1 (ex-
intensity to be heard, or seen, a dis- plosive) materials shipped by or for the
tance of 1 mile during normal facility Armed Forces of the United States on
working conditions. The alarm signal the waterfront facility and vessels
shall not conflict with local municipal moored thereto shall not exceed the
prescription. limits as to maximum quantity, isola-
[CGFR 67–93, 32 FR 20774, Dec. 23, 1967]
tion and remoteness as established by
the Captain of the Port. Each permit
§ 126.17 Permits required for handling issued under these conditions shall
designated dangerous cargo. specify that the limits so established
Designated dangerous cargo may be shall not be exceeded.
handled, loaded, discharged, or trans- [CGFR 53–27, 18 FR 5348, Sept. 3, 1953, as
ported at any designated waterfront fa- amended by CGD 92–050, 59 FR 39965, Aug. 5,
cility only if a permit therefor has 1994]
been issued by the Captain of the Port.
This permit requirement may be § 126.21 Permitted transactions.
waived, at the discretion of the Captain All permits issued pursuant to § 126.19
of the Port, when such cargoes are con- are hereby conditioned upon the ob-
tained within railroad cars or highway servance and fulfillment of the fol-
vehicles which are moved on or across lowing:

a waterfront facility used primarily for (a) The conditions set forth in § 126.15
the transfer of railroad cars or highway shall at all times be strictly observed.
20
(b) No amount of designated dan- ject persons responsible therefore to

gerous cargo, except Class 1 (explosive) the civil or criminal penalties provided
materials shipped by or for the Armed in Section 13 of the Ports and Water-
Forces of the United States, in excess ways Safety Act, as amended (33 U.S.C.
of the maximum quantity established 1232).
by local, municipal, territorial, or [CGD 78–023, 44 FR 4643, Jan. 22, 1979]
State authorities shall be present on
the waterfront facility and vessels § 126.27 General permit for handling
moored thereto. dangerous cargo.
(c) Designated dangerous cargo shall A general permit is hereby issued for
not be brought onto the waterfront fa- the handling, storing, stowing, loading,
cility from shore except when laden discharging or transporting of dan-
within a railroad car or highway vehi- gerous cargo (other than designated
cle and shall remain in such railroad dangerous cargo) in bulk, portable
car or highway vehicle except when re- tanks, containers, or packagings, at
moved as an incident of its prompt designated waterfront facilities, condi-
transshipment. Designated dangerous tioned upon the observance and fulfill-
cargo shall not be brought onto the wa- ment of the following:
terfront facility from a vessel except as (a) The conditions set forth in § 126.15
an incident of its prompt trans- shall at all times be strictly observed.
shipment by railroad car or highway (b) You must notify the COTP before
vehicle. you handle, store, stow, load, dis-
(d) No other dangerous cargo shall be
charge, or transport, in the net weight
on the waterfront facility during the
amounts specified, the following dan-
period of transactions involving des-
gerous cargo, except when contained
ignated dangerous cargo, unless its
within transport units or railroad or
presence is authorized by the Captain
highway vehicles being transported
of the Port. This shall not apply to
across or on the waterfront facility
maintenance stores and supplies on the
solely for transfer to or from a rail-
waterfront facility in conformity with
road-car ferry, highway-vehicle ferry,
§ 126.15(b)(5).
or carfloat:
[CGFR 53–27, 18 FR 5348, Sept. 3, 1953, as (1) Class 1, Division 1.3 and Division
amended by CGD 92–050, 59 FR 39965, Aug. 5, 1.5 (Explosive) materials, with a net ex-
1994; USCG–2014–0410, 79 FR 38434, July 7, plosive quantity in excess of 36,400 kg
2014]
(40 net tons) at any one time.
§ 126.23 Termination or suspension of (2) Class 2, Division 2.1 (Flammable
permits. Gas) materials in bulk packaging; or
Division 2.3 (Poison Gas) materials in
Any permit issued pursuant to § 126.19 excess of 72,800 kg (80 net tons) at any
shall terminate automatically at the one time.
conclusion of the transaction for which (3) A Class 7 (Radioactive) material
the permit has been issued and may be in a highway route controlled quan-
terminated, or suspended, prior thereto tity, as defined in 49 CFR 173.403.
by the Captain of the Port whenever he (4) Flammable solids or oxidizers, in
deems that the security or safety of excess of 100 net tons at any one time.
the port or vessels or waterfront facili- (5) Flammable gases, in excess of 10
ties therein so requires. Confirmation net tons at any one time.
of such termination or suspension by (6) Poisons (Class A).
the Captain of the Port shall be given (7) A bulk shipment of a cargo of par-
to the permittee in writing. ticular hazard.
[CGFR 51–37, 16 FR 8679, Aug. 28, 1951] (c) No Class 1 (explosive) materials
(as defined in 49 CFR 173.50) or other
§ 126.25 Penalties for handling des- dangerous cargoes prohibited from, or
ignated dangerous cargo without not permitted for, transportation by 46
permit. CFR part 148 or 49 CFR parts 171
Handling, loading, discharging, or through 179 may be present on the wa-
transporting any designated dangerous terfront facility.

cargo without a permit, as provided (d) Break-bulk dangerous cargo must
under § 126.17, being in force, will sub- be segregated according to 49 CFR
21
§ 126.28 33 CFR Ch. I (7–1–20 Edition)
176.83(a) through (c). No separation is § 126.28 Ammonium nitrate, ammo-

required for break-bulk dangerous nium nitrate fertilizers, fertilizer
cargo in limited-quantity packaging. mixtures, or nitro carbo nitrate;
(e) Transport units and portable general provisions.
tanks containing dangerous cargo must (a) When any item of ammonium ni-
be segregated according to 49 CFR trate, ammonium nitrate fertilizers,
176.83(a), (b), and (f). The requirements fertilizer mixtures, or nitro carbo ni-
for vertical segregation and for on- trate, described and defined as an oxi-
deck, horizontal segregation in 49 CFR dizer by the regulations of 49 CFR part
176.83(f) apply. No separation is re- 173 is handled, stored, stowed, loaded,
quired for transport units containing discharged or transported on a water-
dangerous cargo only in limited quan- front facility, the following provisions
tity packaging. shall apply:
(f) Break-bulk dangerous cargo must (1) All outside containers shall be
be segregated from transport units con- marked with the proper shipping name
taining dangerous cargo according to of the nitrate packed within the con-
49 CFR 176.83(e). tainer.
(g) Solid dangerous bulk cargo must (2) The building on a waterfront facil-
be separated to prevent the interaction ity used for storage of any of these ma-
of incompatible materials in the event terials shall be of such construction as
of an accident. Cargo not required to be to afford good ventilation.
segregated, when in break-bulk form, is (3) Storage of any of these materials
not required to be segregated, when in shall be at a safe distance from electric
bulk form. Dangerous cargo in break- wiring, steam pipes, radiators or any
bulk form must be segregated from heating mechanism.
solid dangerous cargo in bulk accord- (4) These materials shall be separated
ing to 49 CFR 176.83. by a fire resistant wall or by a distance
of at least 30 feet from organic mate-
(h) Materials that are dangerous
rials or other chemicals and substances
when wet (Division 4.3), water-soluble
which could cause contamination such
oxidizers (Division 5.1), and corrosive
as flammable liquids, combustible liq-
solids (Class 8) must be stored in a
uids, corrosive liquids, chlorates, per-
manner that prevents them from com-
manganates, finely divided metals,
ing into contact with water.
caustic soda, charcoal, sulfur, cotton,
(i) Corrosive liquids (Class 8) and liq- coal, fats, fish oils or vegetable oils.
uid oxidizers (Division 5.1) must be (5) Storage of any of these materials
handled and stored so that, in the shall be in a clean area upon clean
event of a leak from their packaging, wood dunnage, or on pallets over a
they would not come in contact with clean floor. In the case of a concrete
organic materials. floor, storage may be made directly on
(j) Dangerous cargo stored on the fa- the floor if it is first covered with a
cility must be arranged in a manner moisture barrier such as a poly-
that retards the spread of fire, such as ethylene sheet or asphaltic laminated
by interspersing dangerous cargo with paper.
inert or fire retardant material. (6) Any spilled material shall be
(k) Dangerous cargo stored on the fa- promptly and thoroughly cleaned up
cility, but not intended for use on the and removed from the waterfront facil-
facility, must be packaged, marked, ity. If any spilled material has re-
and labeled according to 49 CFR parts mained in contact with a wooden floor
171 through 180, as if the cargo was in for any length of time the floor shall be
transportation. scrubbed with water and all spilled ma-
(l) Class 7 (Radioactive) material terial shall be thoroughly dissolved and
must be stored as specified in 49 CFR flushed away.
173.447. (7) An abundance of water for fire-
[CGD 78–023, 44 FR 4643, Jan. 22, 1979, as
fighting shall be readily available.
(8) Open drains, traps, pits or pockets
amended by CGD 75–238, 44 FR 63676, Nov. 5,

1979; CGD 75–238, 45 FR 57394, Aug. 28, 1980; which could be filled with molten am-
CGD 92–050, 59 FR 39965, Aug. 5, 1994; USCG– monium nitrate if a fire occurred (and
1998–4302, 68 FR 55442, Sept. 26, 2003] thus become potential detonators for
22
the storage piles) must be eliminated § 126.30 What are the conditions for
or plugged. conducting welding and hotwork?
NOTE: See 49 CFR 176.415 for permit re- (a) The facility operator must ensure
quirements for nitro carbo nitrate and cer-
that all welding or hotwork conducted
tain ammonium nitrates.
at the facility meets the requirements
[CGD 78–023, 44 FR 4644, Jan. 22, 1979] of this section. Each operator of a ves-
sel moored to the facility must ensure
§ 126.29 Supervision and control of that all welding or hotwork conducted
dangerous cargo. on the vessel meets the requirements
(a) Authority. The Captain of the Port of this section.
is authorized to require that any trans- (b) The COTP may require an oper-
action of handling, storing, stowing, ator of a facility or of a vessel moored
loading, discharging, or transporting at the facility to notify the COTP be-
the dangerous cargo covered by this fore conducting welding or hotwork.
subchapter shall be undertaken and Regardless of whether or not the COTP
continued only under the immediate required notice, the facility operator
supervision and control of the Captain must notify the COTP before con-
of the Port or his duly authorized rep- ducting welding or hotwork on a vessel
resentative. In case the Captain of the when containerized dangerous cargo is
Port exercises such authority, all di- located within the distances listed in
rections, instructions, and orders of paragraph (f) of this section.
the Captain of the Port or his rep- (c) Before conducting welding or
resentative, not inconsistent with this hotwork, flammable vapors, liquids, or
part, with respect to such handling, solids must be completely removed
storing, stowing, loading, discharging, from any container, pipe, or transfer
and transporting; with respect to the line being worked on.
operation of the waterfront facility; (d) Before conducting welding or
with respect to vessels handling, stow- hotwork on tanks, tanks used for stor-
ing, loading, or discharging of dan- age of flammable or combustible sub-
gerous cargo at anchorages when the stances must be tested and certified
operations are under the immediate gas free.
control and supervision of the Captain (e) All welding and hotwork must be
of the Port or his duly authorized rep- conducted according to NFPA 51B. (In-
resentative; with respect to the ingress corporated by reference, see § 126.5.)
and egress of persons, articles, and (f) Welding or hotwork is prohibited
things and to their presence on the wa- during gas freeing operations within
terfront facilty or vessel; and with re- 30.5 meters (100 feet) of bulk cargo op-
spect to vessels approaching, moored erations involving flammable or com-
at, and departing from the waterfront bustible materials, within 30.5 meters
facility, shall be promptly obeyed. (100 feet) of fueling operations, within
(b) Reporting discharge of dangerous 30.5 meters (100 feet) of explosives, or
liquid commodities into the waters of the within 15.25 meters (50 feet) of other
United States. To enhance the safety of hazardous materials.
the port and to protect vessels, their (g) If the welding or hotwork is on
cargo, and waterfront facilities there- the boundary of a compartment (i.e.,
in, the discharge into the navigable bulkhead, wall, or deck), a fire watch,
waters of the United States of petro- in addition to that called for in NFPA
leum products, petroleum byproducts 51B, must be stationed in the adjoining
or other dangerous liquid commodities compartment.
which may create a hazard or toxic (h) Personnel on fire watch must
condition in the port area will be im- have no other duties except to watch
mediately reported to the Captain of for the presence of fire and to prevent
the Port or District Commander by the the development of hazardous condi-
owner or master of the vessel from tions.
which the discharge occurred, or the
(i) All safety precautions in relation
owner or operator of a waterfront facil-

to purging, inerting, or venting for all
ity from which the discharge occurred.
hotwork on containers must be fol-
[CGFR 69–89, 34 FR 17478, Oct. 29, 1969] lowed.
23
§ 126.31 33 CFR Ch. I (7–1–20 Edition)
(j) All local laws and ordinances must their primary responsibility for the se-
be followed. curity of such vessels, docks, piers,
(k) If a fire or other hazard occurs, wharves, or waterfront facilities.
all cutting, welding, or other hotwork
[CGFR 51–37, 16 FR 8680, Aug. 28, 1951]
equipment must be shut down.
[USCG–1998–4302, 68 FR 55442, Sept. 26, 2003] § 126.37 Separability.
If any provision of the rules, regula-
§ 126.31 Termination or suspension of
general permit. tions, conditions, or designations con-
tained in this part or the application of
The Captain of the Port is hereby au- such provision to any person, water-
thorized to terminate or to suspend the front facility, or circumstances shall
general permit granted by § 126.27 in re- be held invalid, the validity of the re-
spect to any particular designated wa- mainder of the rules, regulations, con-
terfront facility whenever he deems ditions, or designations contained in
that the security or safety of the port this part and applicability of such pro-
or vessels or waterfront facilities vision to other persons, waterfront fa-
therein so requires. Confirmation of cilities, or circumstances, shall not be
such termination or suspension shall affected thereby.
be given to the permittee in writing.
After such termination, the general [CGFR 51–37, 16 FR 8680, Aug. 28, 1951]
permit may be revived by the District
Commander with respect to such par- PART 127—WATERFRONT FACILITIES
ticular waterfront facility upon a find- HANDLING LIQUEFIED NATURAL
ing by him that the cause of termi- GAS AND LIQUEFIED HAZ-
nation no longer exists and is unlikely ARDOUS GAS
to recur. After such suspension, the
general permit shall be revived by the
Subpart A—General
Captain of the Port with respect to
such particular waterfront facility Sec.
when the cause of suspension no longer 127.001 Applicability.
exists, and he shall so advise the per- 127.003 Incorporation by reference.
mittee in writing. 127.005 Definitions.
127.007 Letter of intent and waterway suit-
[CGFR 51–37, 16 FR 8680, Aug. 28, 1951, as ability assessment.
amended by CGFR 69–89, 34 FR 17479, Oct. 29, 127.009 Letter of recommendation.
1969] 127.010 Reconsideration of the Letter of
Recommendation.
§ 126.33 Penalties for handling dan- 127.011 Inspections of waterfront facilities.
gerous cargo without permit.
127.013 Suspension of transfer operations.
Handling, storing, stowing, loading, 127.015 Appeals.
discharging, or transporting any dan- 127.017 Alternatives.
gerous cargo covered by § 126.27 under 127.019 Operations Manual and Emergency
circumstances not covered by the gen- Manual: Procedures for examination.
eral permit granted in § 126.27 or when
such general permit is not in force will Subpart B—Waterfront Facilities Handling
subject persons responsible therefor to Liquefied Natural Gas
the civil or criminal penalties provided 127.101 Design and construction: General.
in Section 13 of the Ports and Water- 127.103 Piers and wharves.
ways Safety Act, as amended (33 U.S.C. 127.105 Layout and spacing of marine trans-
sec. 1232). fer area for LNG.
127.107 Electrical power systems.
[CGD 78–023, 44 FR 4644, Jan. 22, 1979]
127.109 Lighting systems.
§ 126.35 Primary responsibility. 127.111 Communications systems.
127.113 Warning signs.
Nothing contained in the rules, regu-
lations, conditions, and designations in EQUIPMENT
this part shall be construed as reliev- 127.201 Sensing and alarm systems.
ing the masters, owners, operators, and 127.203 Portable gas detectors.
agents of vessels, docks, piers, wharves, 127.205 Emergency shutdown.
or other waterfront facilities from 127.207 Warning alarms.
24
OPERATIONS 127.1209 Respiratory protection.
127.301 Persons in charge of shoreside trans- OPERATIONS
fer operations: Qualifications and certifi-
cation. 127.1301 Persons in charge of transfers for
127.303 Compliance with suspension order. the facility: Qualifications and certifi-
127.305 Operations Manual. cation.
127.307 Emergency Manual. 127.1302 Training.
127.309 Operations Manual and Emergency 127.1303 Compliance with suspension order.
Manual: Use. 127.1305 Operations Manual.
127.311 Motor vehicles. 127.1307 Emergency Manual.
127.313 Bulk storage. 127.1309 Operations Manual and Emergency
127.315 Preliminary transfer inspection. Manual: Use.
127.317 Declaration of inspection. 127.1311 Motor vehicles.
127.319 LNG transfer. 127.1313 Storage of hazardous materials.
127.321 Release of LNG. 127.1315 Preliminary transfer inspection.
127.1317 Declaration of Inspection.
MAINTENANCE 127.1319 Transfer of LHG.
127.401 Maintenance: General. 127.1321 Release of LHG.
127.403 Inspections. 127.1325 Access to marine transfer area for
127.405 Repairs. LHG.
127.407 Testing.
127.409 Records. MAINTENANCE
127.1401 General.
PERSONNEL TRAINING 127.1403 Inspections.
127.501 Applicability. 127.1405 Repairs.
127.503 Training: General. 127.1407 Tests.
127.1409 Records.
FIREFIGHTING
FIREFIGHTING EQUIPMENT
127.601 Fire equipment: General.
127.603 Portable fire extinguishers. 127.1501 General.
127.605 Emergency outfits. 127.1503 Portable fire extinguishers.
127.607 Fire main systems. 127.1505 Emergency response and rescue.
127.609 Dry chemical systems. 127.1507 Water systems for fire protection.
127.611 International shore connection. 127.1509 Equipment for controlling and ex-
127.613 Smoking. tinguishing fires.
127.615 Fires. 127.1511 International shore connection.
127.617 Hotwork.
FIRE PROTECTION
SECURITY
127.1601 Smoking.
127.701 Security on existing facilities. 127.1603 Hotwork.
127.703 Access to the marine transfer area 127.1605 Other sources of ignition.
for LNG.
AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. Chap-
127.705 Security systems.
ter 701; Department of Homeland Security
127.707 Security personnel.
Delegation No. 0170.1.
127.709 Protective enclosures.
127.711 Communications. SOURCE: CGD 78–038, 53 FR 3376, Feb. 7, 1988,
unless otherwise noted.
Subpart C—Waterfront Facilities Handling
Liquefied Hazardous Gas Subpart A—General
DESIGN AND CONSTRUCTION
§ 127.001 Applicability.
127.1101 Piping systems.
127.1102 Transfer hoses and loading arms. (a) Subparts A and B of this part
127.1103 Piers and wharves. apply to the marine transfer area for
127.1105 Layout and spacing of marine LNG of each new waterfront facility
transfer area for LHG. handling LNG and to new construction
127.1107 Electrical systems. in the marine transfer area for LNG of
127.1109 Lighting systems. each existing waterfront facility han-
127.1111 Communication systems.
127.1113 Warning signs. dling LNG.
(b) Subpart A of this part and
EQUIPMENT §§ 127.301 through 127.617 apply to the
127.1203 Gas detection. marine transfer area for LNG of each

127.1205 Emergency shutdown. active existing waterfront facility han-
127.1207 Warning alarms. dling LNG.
25
§ 127.003 33 CFR Ch. I (7–1–20 Edition)
(c) Sections 127.007 (b), (c), and (d); any edition other than that specified in
127.019(b); and 127.701 of subparts A and paragraph (b) of this section, the Coast
B of this part apply to the marine Guard must publish notice of change in
transfer area for LNG of each inactive the FEDERAL REGISTER and make the
existing facility. material available to the public. All
(d) Subparts A and C of this part approved material is available for in-
apply to the marine transfer area for spection at the Commandant (CG–
LHG of each active waterfront facility CVC), Attn: Office of Commercial Ves-
handling LHG. sel Compliance, U.S. Coast Guard Stop
(e) Sections 127.007 (b), (c), and (d); 7501, 2703 Martin Luther King Jr. Ave-
127.019(b); and 127.1325(c) of subparts A nue SE., Washington, DC 20593–7501.
and C of this part apply to the marine You may also contact the National Ar-
transfer area for LHG of each inactive chives and Records Administration
facility. (NARA). For information on the avail-
[CGD 88–049, 60 FR 39794, Aug. 3, 1995, as ability of this material at NARA, call
amended by USCG–2007–27022, 75 FR 29426, 202–741–6030, or go to: http://
May 26, 2010] www.archives.gov/federallregister/
codeloflfederallregulations/
§ 127.003 Incorporation by reference. ibrllocations.html. All approved mate-
(a) Certain material is incorporated rial is available from the sources indi-
by reference into this part with the ap- cated in paragraph (b) of this section.
proval of the Director of the Federal (b) The material approved for incor-
Register in accordance with 5 U.S.C. poration by reference in this part, and
552(a) and 1 CFR part 51. To enforce the sections affected, are:
THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

1430 Broadway, New York, NY 10018:
ANSI B16.5, Pipe Flanges and Flanged Fittings 1988, including 1992 Ad-
denda and Errata .................................................................................... 127.1102
ANSI S12.13, Part I, Performance Requirements, Combustible Gas Detec-
tors, 1986 ................................................................................................. 127.1203
AMERICAN PETROLEUM INSTITUTE (API)
1220 L Street NW., Washington, DC 20005:
API RP 2003, Protection Against Ignitions Arising Out of Static, Light-
ning and Stray Currents, 1991 ................................................................. 127.1101
AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)
Three Park Avenue, New York, NY 10016–5990:
ASME B31.3, Chemical Plant and Petroleum Refinery Piping, 1993 .......... 127.1101
ASTM INTERNATIONAL
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959, 877–
909–2786, http://www.astm.org.
ASTM F1121–87 (Reapproved 2010), Standard Specification for Inter-
national Shore Connections for Marine Fire Applications, (approved
March 1, 2010) .......................................................................................... 127.611;
127.1511
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
1 Batterymarch Park, Quincy, MA 02269:
NFPA 10, Portland Fire Extinguishers, 1994 .............................................. 127.603;
127.1503
NFPA 30, Flammable and Combustible Liquids Code, 1993 ........................ 127.313;
127.1313
NFPA 51B, Fire Prevention in Use of Cutting and Welding Processes,
1994 ......................................................................................................... 127.405;
127.1405
NFPA 59A, Production, Storage, and Handling of Liquefied Natural Gas
(LNG), 1994 .............................................................................................. 127.101;
127.201;
127.405;
127.603
NFPA 70, National Electrical Code, 1993 ................................................... 127.107;

127.201;
127.1107
NFPA 251, Fire Tests of Building Construction and Materials, 1990 .......... 127.005
26
[CGD 88–049, 60 FR 39794, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995, as amended by CGD 96–026,
61 FR 33665, June 28, 1996; 61 FR 36629, July 12, 1996; USCG–1999–5832, 64 FR 34714, June 29, 1999;
USCG–1999–5151, 64 FR 67175, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG–2004–18057, 69 FR
34926, June 23, 2004; USCG–2010–0351, 75 FR 36283, June 25, 2010; USCG–2012–0866, 78 FR 13248,
Feb. 27, 2013; USCG–2014–0410, 79 FR 38434, July 7, 2014]
§ 127.005 Definitions. Inactive means not active.

Impounding space means a space
As used in this part:
formed by dikes and floors that con-
Active means accomplishing the
fines a spill of LHG or LNG.
transfer of LHG or LNG, or scheduling LHG means liquefied hazardous gas.
one to occur, within 12 months of the LHG vessel means a vessel con-
current date. structed or converted to carry LHG, in
Captain of the Port (COTP) means the bulk.
Coast Guard officer designated by the Liquefied hazardous gas (LHG) means
Commandant to command a Captain of a liquid containing one or more of the
the Port Zone as described in part 3 of products listed in Table 127.005.
this chapter, or an authorized rep- Liquefied natural gas (LNG) means a
resentative. liquid or semisolid consisting mostly of
Commandant means the Commandant methane and small quantities of eth-
of the U.S. Coast Guard or an author- ane, propane, nitrogen, or other nat-
ized representative. ural gases.
Control room means a space within Liquefied petroleum gas (LPG) means a
the LNG waterfront facility from liquid consisting mostly of propane or
which facility operations are con- butane or both.
trolled. LNG means liquefied natural gas.
District Commander means the Coast LNG vessel means a vessel con-
Guard officer designated by the Com- structed or converted to carry LNG, in
mandant to command a Coast Guard bulk.
District as described in part 3 of this Loading flange means the connection
chapter, or an authorized representa- or group of connections in the cargo
tive. transfer pipeline on the facility that
Environmentally sensitive areas include connects the facility pipeline to the
public parks and recreation areas, wild- vessel pipeline.
life and waterfowl refuges, fishing Marine transfer area for LHG means
grounds, wetlands, other areas deemed that part of a waterfront facility han-
to be of high value to fish and wildlife dling LHG between the vessel, or where
resources, historic sites, and other pro- the vessel moors, and the first shutoff
tected areas. valve on the pipeline immediately in-
Existing as applied to a waterfront fa- land of the terminal manifold or load-
cility means a facility handling LNG ing arm, including the entire part of a
constructed or being constructed under pier or wharf used to serve LHG ves-
a contract awarded before June 2, 1988, sels.
or a facility handling LHG constructed Marine transfer area for LNG means
or being constructed under a contract that part of a waterfront facility han-
awarded before January 30, 1996. dling LNG between the vessel, or where
Facility means either a waterfront fa- the vessel moors, and the last manifold
cility handling LHG or a waterfront fa- or valve immediately before the receiv-
cility handling LNG. ing tanks.
Fire endurance rating means the dura- Mating flange means that flange in
tion for which an assembly or struc- the product-transfer pipeline on a wa-
tural unit will contain a fire or retain terfront facility handling LHG or a wa-
structural integrity when exposed to terfront facility handling LNG that
the temperatures specified in the connects this pipeline to the pipeline
standard time-temperature curve in or transfer hose of the vessel.
NFPA 251. MAWP means maximum allowable
Flammable product means a product working pressure.

indicated by the letter ‘‘F’’ or by the Maximum allowable working pressure
letters ‘‘F + T’’ in Table 127.005. (MAWP) means the maximum gauge
27
§ 127.007 33 CFR Ch. I (7–1–20 Edition)
pressure permissible at the top of TABLE 127.005—LIST OF PRODUCTS AND

equipment, containers, or pressure ves- HAZARDS—Continued
sels while operating at design tempera-
Product Hazard
ture.
New as applied to a waterfront facil- Butane and propane (mixtures) ....................... F
ity means a facility handling LNG con- Butylenes ......................................................... F
Chlorine ............................................................ T
structed or being constructed under a Dimethylamine ................................................. F +T
contract awarded on or after June 2, Ethane .............................................................. F
1988, or a facility handling LHG con- Ethyl chloride ................................................... F +T
Ethylene ........................................................... F
structed or being constructed under a Ethylene oxide ................................................. F +T
contract awarded on or after January Methyl-acetylene and propadiene (mixtures) .. F
30, 1996. Methyl bromide ................................................ F +T
Person in charge of transfer operations Methyl chloride ................................................. F +T
Propane ............................................................ F
on the vessel is the person designated Propylene ......................................................... F
the person in charge of cargo transfer Sulphur dioxide ................................................ T
under 46 CFR 154.1831. Vinyl chloride .................................................... F +T
Release means any spilling, leaking, NOTE: ‘‘F’’ indicates a flammable product. ‘‘T’’ indicates a
pumping, pouring, emitting, emptying, toxic product. ‘‘F + T’’ indicates a product both flammable and
toxic.
discharging, injecting, escaping, leach-
ing, dumping, or disposing into the en- [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
vironment, except a minor release of amended by CGD 88–049, 60 FR 39795, Aug. 3,
LHG or its vapor, that may occur dur- 1995; CGD 97–023, 62 FR 33363, June 19, 1997]
ing the routine handling of LHG. No re-
lease is minor if it creates an atmos- § 127.007 Letter of intent and water-
phere that exceeds the Lower Flam- way suitability assessment.
mable Limit (LFL) for a flammable (a) An owner or operator intending to
product or any Permissible Exposure build a new facility handling LNG or
Limit (PEL) listed in 29 CFR 1910.1000, LHG, or an owner or operator planning
Table Z–1 or Z–2, for a toxic product. new construction to expand or modify
Substructure means the deck of a pier marine terminal operations in an exist-
or wharf and the structural compo- ing facility handling LNG or LHG,
nents below that deck. where the construction, expansion, or
Toxic product means a product indi- modification would result in an in-
cated by the letter ‘‘T’’ or by the let- crease in the size and/or frequency of
ters ‘‘F + T’’ in Table 127.005. LNG or LHG marine traffic on the wa-
Waterfront facility handling LHG terway associated with a proposed fa-
means any structure on, in, or under cility or modification to an existing fa-
the navigable waters of the United cility, must submit a Letter of Intent
States, or any structure on land or any (LOI) to the Captain of the Port
area on shore immediately adjacent to (COTP) of the zone in which the facil-
such waters, used or capable of being ity is or will be located. The LOI must
used to transfer liquefied hazardous meet the requirements in paragraph (c)
gas, in bulk, to or from a vessel. of this section.
Waterfront facility handling LNG (1) The owner or operator of an LNG
means any structure on, in, or under facility must submit the LOI to the
the navigable waters of the United COTP no later than the date that the
States, or any structure on land or any owner or operator files a pre-filing re-
area on shore immediately adjacent to quest with the Federal Energy Regu-
such waters, used or capable of being latory Commission (FERC) under 18
used to transfer liquefied natural gas, CFR parts 153 and 157, but, in all cases,
in bulk, to or from a vessel. at least 1 year prior to the start of con-
struction.
TABLE 127.005—LIST OF PRODUCTS AND (2) The owner or operator of an LHG
HAZARDS facility must submit the LOI to the
Product Hazard COTP no later than the date that the
owner or operator files with the Fed-
Acetaldehyde ................................................... F+T eral or State agency having jurisdic-

Ammonia, anhydrous ....................................... T
Butadiene ......................................................... F tion, but, in all cases, at least 1 year
Butanes ............................................................ F prior to the start of construction.
28
(b) An owner or operator intending to struction to expand or modify marine

reactivate an inactive existing facility terminal operations in an existing fa-
must submit an LOI that meets para- cility handling LNG or LHG, where the
graph (c) of this section to the COTP of construction, expansion, or modifica-
the zone in which the facility is lo- tion would result in an increase in the
cated. size and/or frequency of LNG or LHG
(1) The owner or operator of an LNG marine traffic on the waterway associ-
facility must submit the LOI to the ated with a proposed facility or modi-
COTP no later than the date the owner fication to an existing facility, must
or operator files a pre-filing request file or update as appropriate a water-
with FERC under 18 CFR parts 153 and way suitability assessment (WSA) with
157, but, in all cases, at least 1 year the COTP of the zone in which the fa-
prior to the start of LNG transfer oper- cility is or will be located. The WSA
ations. must consist of a Preliminary WSA and
(2) The owner or operator of an LHG a Follow-on WSA. A COTP may request
facility must submit the LOI to the additional information during review
COTP no later than the date the owner of the Preliminary WSA or Follow-on
or operator files with the Federal or WSA.
State agency having jurisdiction, but, (f) The Preliminary WSA must—
in all cases, at least 1 year prior to the (1) Be submitted to the COTP with
start of LHG transfer operations. the LOI; and
(c) Each LOI must contain— (2) Provide an initial explanation of
(1) The name, address, and telephone the following—
number of the owner and operator; (i) Port characterization;
(2) The name, address, and telephone (ii) Characterization of the LNG or
number of the Federal, State, or local LHG facility and LNG or LHG tanker
agency having jurisdiction for siting, route;
construction, and operation; (iii) Risk assessment for maritime
(3) The name, address, and telephone safety and security;
number of the facility; (iv) Risk management strategies; and
(4) The physical location of the facil- (v) Resource needs for maritime safe-
ity; ty, security, and response.
(5) A description of the facility; (g) The Follow-on WSA must—
(6) The LNG or LHG vessels’ charac- (1) Be submitted to the COTP as fol-
teristics and the frequency of LNG or lows:
LHG shipments to or from the facility; (i) The owner or operator of an LNG
and facility must submit the Follow-on
(7) Charts showing waterway chan- WSA to the COTP no later than the
nels and identifying commercial, in- date the owner or operator files its ap-
dustrial, environmentally sensitive, plication with FERC pursuant to 18
and residential areas in and adjacent to CFR parts 153 or 157, or if no applica-
the waterway used by the LNG or LHG tion to FERC is required, at least 180
vessels en route to the facility, within days before the owner or operator be-
at least 25 kilometers (15.5 miles) of the gins transferring LNG.
facility. (ii) The owner or operator of an LHG
(d) The owner or operator who sub- facility must submit the Follow-on
mits an LOI under paragraphs (a) or (b) WSA to the COTP in all cases at least
of this section must notify the COTP in 180 days before the owner or operator
writing within 15 days of any of the fol- begins transferring LHG.
lowing: (2) Contain a detailed analysis of the
(1) There is any change in the infor- elements listed in §§ 127.007(f)(2),
mation submitted under paragraphs 127.009(d), and 127.009(e) of this part.
(c)(1) through (c)(7) of this section; or (h) Until the facility begins oper-
(2) No LNG or LHG transfer operation, owners or operators must:
ations are scheduled within the next 12 (1) Annually review their WSAs and
months. submit a report to the COTP as to
(e) An owner or operator intending to whether changes are required. The

build a new LNG or LHG facility, or an deadline for the required annual report
owner or operator planning new con- should coincide with the date of the
29
§ 127.009 33 CFR Ch. I (7–1–20 Edition)
COTP’s Letter of Recommendation, (c) The owner or operator, or a State,

which indicates review and validation local, or Indian tribal government in
of the Follow-on WSA has been com- the vicinity of the facility, may re-
pleted. quest reconsideration as set forth in
(2) In the event that revisions to the § 127.010.
WSA are needed, report to the COTP (d) Persons other than the owner or
the details of the necessary revisions, operator, or State, local, or Indian
along with a timeline for completion. tribal government in the vicinity of
(3) Update the WSA if there are any the facility, may comment on the LOR
changes in conditions, such as changes by submitting comments and relevant
to the port environment, the LNG or information to the agency having juris-
LHG facility, or the tanker route, that diction, as described in paragraph (a),
would affect the suitability of the wa- for that agency’s consideration in its
terway for LNG or LHG traffic. permitting process.
(4) Submit a final report to the COTP (e) Paragraphs (c) and (d) of this sec-
at least 30 days, but not more than 60 tion apply to LORs issued after Decem-
days, prior to the start of operations. ber 28, 2012. For LORs issued prior to
[USCG–2007–27022, 75 FR 29426, May 26, 2010] that date, persons requesting reconsid-
eration must follow the process set
§ 127.009 Letter of recommendation. forth in § 127.015.
(a) After the COTP receives the Let- [USCG–2011–0227, 77 FR 70890, Nov. 28, 2012]
ter of Intent under § 127.007(a) or (b),
the COTP issues a Letter of Rec- § 127.010 Reconsideration of the Letter
ommendation (LOR) as to the suit- of Recommendation.
ability of the waterway for LNG or
(a) A person requesting reconsider-
LHG marine traffic to the Federal,
ation pursuant to § 127.009(c) must sub-
State, or local government agencies
mit a written request to the Captain of
having jurisdiction for siting, construc-
the Port (COTP) who issued the Letter
tion, and operation, and, at the same
of Recommendation (LOR), and send a
time, sends a copy to the owner or op-
copy of the request to the agency to
erator, based on the—
which the LOR was issued. The request
(1) Information submitted under
must explain why the COTP should re-
§ 127.007;
consider his or her recommendation.
(2) Density and character of marine
traffic in the waterway; (b) In response to a request described
(3) Locks, bridges, or other man- in paragraph (a) of this section, the
made obstructions in the waterway; COTP will do one of the following—
(4) Following factors adjacent to the (1) Send a written confirmation of
facility such as— the LOR to the agency to which the
(i) Depths of the water; LOR was issued, with copies to the per-
(ii) Tidal range; son making the request and the owner
(iii) Protection from high seas; or operator; or
(iv) Natural hazards, including reefs, (2) Revise the LOR, and send the re-
rocks, and sandbars; vised LOR to the agency to which the
(v) Underwater pipelines and cables; original LOR was issued, with copies to
(vi) Distance of berthed vessel from the person making the request and the
the channel and the width of the chan- owner or operator.
nel; and (c) A person whose request for recon-
(5) Any other issues affecting the sideration results in a confirmation as
safety and security of the waterway described in paragraph (b)(1) of this
and considered relevant by the Captain section, and who is not satisfied with
of the Port. that outcome, may request, in writing,
(b) An LOR issued under this section the opinion of the District Commander
is a recommendation from the COTP to of the district in which the LOR was
the agency having jurisdiction as de- issued.
scribed in paragraph (a), and does not (1) The request must explain why the
constitute agency action for the pur- person believes the District Com-
poses of § 127.015 or the Administrative mander should instruct the COTP to
Procedure Act (5 U.S.C. 551 et seq.). reconsider his or her recommendation.
30
(2) A person making a request under sulting from vessel or structure dam-
paragraph (c) of this section must send age, destruction, or loss.
a copy of the request to the agency to (b) Each order to suspend transfer op-
which the LOR was issued. erations issued under paragraph (a) of
(3) In response to the request de- this section—
scribed in this paragraph (c), the Dis- (1) Is effective immediately;
trict Commander will do one of the fol- (2) Contains a statement of each con-
lowing— dition requiring immediate action; and
(i) Send a written confirmation of the (3) Is withdrawn by the COTP when-
LOR to the agency to which the LOR ever each condition is corrected or no
was issued, with copies to the person longer exists.
making the request, the owner or oper-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
ator, and the COTP; or amended by CGD 88–049, 60 FR 39795, Aug. 3,
(ii) Instruct the COTP to reconsider 1995]
the LOR, and send written notification
of that instruction to the agency to § 127.015 Appeals.
which the original LOR was issued, (a) Any person directly affected by an
with copies to the person making the action taken under this part may re-
request and the owner or operator. quest reconsideration by the Coast
(d) The District Commander’s writ- Guard officer responsible for that ac-
ten confirmation described in para- tion.
graph (c)(3)(i) of this section ends the (b) Except as provided under para-
reconsideration process with respect to graph (e) of this section, any person
that specific request for reconsider-
not satisfied with a ruling made under
ation. If the COTP issues an LOR pur-
the procedure contained in paragraph
suant to paragraph (b)(2) or (c)(3)(ii) of
(a) of this section may—
this section, persons described in
(1) Appeal that ruling in writing to
§ 127.009(c) may request reconsideration
the District Commander of the district
of that revised LOR using the process
in which the action was taken; and
beginning in paragraph (a) of this sec-
(2) Supply supporting documentation
tion.
and evidence that the appellant wishes
[USCG–2011–0227, 77 FR 70890, Nov. 28, 2012] to have considered.
(c) The District Commander issues a
§ 127.011 Inspections of waterfront fa- ruling after reviewing the appeal sub-
cilities. mitted under paragraph (b) of this sec-
The operator shall ensure that the tion. Except as provided under para-
COTP or his representative is allowed graph (e) of this section, any person
to make reasonable examinations and not satisfied with this ruling may—
inspections to determine whether the (1) Appeal that ruling in writing to
facility meets this part. the Commandant (CG–5P), Attn: As-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as sistant Commandant for Prevention,
amended by CGD 88–049, 60 FR 39795, Aug. 3, U.S. Coast Guard Stop 7501, 2703 Martin
1995] Luther King Jr. Avenue SE., Wash-
ington, DC 20593–7501; and
§ 127.013 Suspension of transfer oper- (2) Supply supporting documentation
ations. and evidence that the appellant wishes
(a) The COTP may issue an order to to have considered.
the operator to suspend LHG or LNG (d) The Assistant Commandant for
transfer operations if the COTP finds Marine Safety, Security and Environ-
any condition requiring immediate ac- mental Protection issues a ruling after
tion to— reviewing the appeal submitted under
(1) Prevent damage to, or the de- paragraph (c) of this section, which is
struction of, any bridge or other struc- final agency action.
ture on or in the navigable waters of (e) If the delay in presenting a writ-
the United States, or any land struc- ten appeal has an adverse impact on
ture or shore area immediately adja- the operations of the appellant, the ap-
cent to such waters; and peal under paragraph (b) or (c) of this
(2) Protect the navigable waters and section—
the resources therein from harm re- (1) May be presented orally; and
31
§ 127.017 33 CFR Ch. I (7–1–20 Edition)
(2) Must be submitted in writing tain of the Port returns a copy to the
within five days after the oral presen- owner or operator marked ‘‘Examined
tation— by the Coast Guard’’.
(i) With the basis for the appeal and (d) If the COTP finds that the Oper-
a summary of the material presented ations Manual or the Emergency Manual
orally; and does not meet this part, the Captain of
(ii) To the same Coast Guard official the Port returns the manual with an
who heard the oral presentation. explanation of why it does not meet
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as this part.
amended by CGD 96–026, 61 FR 33665, June 28,
1996; CGD 97–023, 62 FR 33363, June 19, 1997; [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
USCG–2002–12471, 67 FR 41332, June 18, 2002; amended by CGD 88–049, 60 FR 39795, Aug. 3,
USCG–2010–0351, 75 FR 36283, June 25, 2010; 1995]
USCG–2014–0410, 79 FR 38434, July 7, 2014]
Subpart B—Waterfront Facilities
§ 127.017 Alternatives.
Handling Liquefied Natural Gas
(a) The COTP may allow alternative
procedures, methods, or equipment § 127.101 Design and construction:
standards to be used by an operator in- General.
stead of any requirements in this part The marine transfer area for LNG
if—
must meet the following criteria in
(1) The operator submits a written
NFPA 59A:
request for the alternative at least 30
days before facility operations under (a) Chapter 2, Sections 2–1.2 and 2–3.
the alternative would begin, unless the (b) Chapter 4, Section 4–1.3.
COTP authorizes a shorter time; and (c) Chapter 6.
(2) The alternative provides at least (d) Chapter 7, Sections 7–6 and 7–7.
the same degree of safety provided by (e) Chapter 8, except Sections 8–3, 8–
the regulations in this part. 5 and 8–7.2.
(b) The COTP approves or dis-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
approves any alternative requested amended by CGD 88–049, 60 FR 39795, Aug. 3,
under paragraph (a) of this section— 1995]
(1) In writing; or
(2) Orally, with subsequent written § 127.103 Piers and wharves.
confirmation.
(a) If the waterfront facility handling
§ 127.019 Operations Manual and LNG is in a region subject to earth-
Emergency Manual: Procedures for quakes, the piers and wharves must be
examination. designed to resist earthquake forces.
(a) The owner or operator of an ac- (b) Substructures, except moorings
tive existing facility shall submit two and breasting dolphins, that support or
copies of the Operations Manual and of are within 5 meters (16.4 feet) of any
the Emergency Manual to the Captain of pipe or equipment containing LNG, or
the Port of the zone in which the facil- are within 15 meters (49.2 feet) of a
ity is located. loading flange, must—
(b) At least 30 days before transfer- (1) Be made of concrete or steel; and
ring LHG or LNG, the owner or oper- (2) Have a fire endurance rating of
ator of a new or an inactive existing fa- not less than two hours.
cility shall submit two copies of the
(c) LNG or LPG storage tanks must
Operations Manual and of the Emergency
have the minimum volume necessary
Manual to the Captain of the Port of
the zone in which the facility is lo- for—
cated, unless the manuals have been (1) Surge protection;
examined and there have been no (2) Pump suction supply; or
changes since that examination. (3) Other process needs.
(c) If the COTP finds that the Oper-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as

ations Manual meets § 127.305 or amended at CGD 88–049, 60 FR 39796, Aug. 3,
§ 127.1305 and that the Emergency Man- 1995]
ual meets § 127.307 or § 127.1307, the Cap-
32
§ 127.105 Layout and spacing of ma- (1) Emergency shutdown system;

rine transfer area for LNG. (2) Communications equipment; and
(a) LNG impounding spaces must be (3) Firefighting equipment.
located so that the heat flux from a [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
fire over the impounding spaces does amended by CGD 88–049, 60 FR 39795, Aug. 3,
not cause structural damage to an LNG 1995]
vessel moored or berthed at the water-
front facility handling LNG. § 127.111 Communications systems.
(b) Each LNG loading flange must be (a) The marine transfer area for LNG
located at least 300 meters (984.3 feet)
must have a ship-to-shore communica-
from the following which are primarily
tion system and a separate emergency
intended for the use of the general pub-
ship-to-shore communication system.
lic or railways:
(1) Each bridge crossing a navigable (b) Each ship-to-shore communica-
waterway. tion system must be a dedicated sys-
(2) Each entrance to any tunnel tem that allows voice communication
under a navigable waterway. between the person in charge of trans-
fer operations on the vessel, the person
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as in charge of shoreside transfer oper-
amended by CGD 88–049, 60 FR 39796, Aug. 3, ations, and personnel in the control
1995]
room.
§ 127.107 Electrical power systems. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
(a) The electrical power system must amended by CGD 88–049, 60 FR 39795, Aug. 3,
have a power source and a separate 1995]
emergency power source, so that fail-
§ 127.113 Warning signs.
ure of one source does not affect the
capability of the other source. The sys- (a) The marine transfer area for LNG
tem must meet the National Electrical must have warning signs that—
Code, NFPA 70. (1) Meet paragraph (b) of this section;
(b) The emergency power source must (2) Can be seen from the shore and
provide enough power for the operation the water; and
of the— (3) Have the following text:
(1) Emergency shutdown system;
(2) Communications equipment; Warning
(3) Firefighting equipment; and Dangerous Cargo
(4) Emergency lighting. No Visitors
(c) If an auxiliary generator is used No Smoking
as an emergency power source, it must No Open Lights
meet Section 700–12 of NFPA 70. (b) Each letter in the words on the
sign must be—
§ 127.109 Lighting systems.
(1) Block style;
(a) The marine transfer area for LNG (2) Black on a white background; and
must have a lighting system and sepa- (3) 7.6 centimeters (3 inches) high.
rate emergency lighting.
(b) All outdoor lighting must be lo- [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
cated or shielded so that it is not con- amended by CGD 88–049, 60 FR 39796, Aug. 3,
fused with any aids to navigation and 1995]
does not interfere with navigation on
EQUIPMENT
the adjacent waterways.
(c) The lighting system must provide § 127.201 Sensing and alarm systems.
an average illumination on a hori-
zontal plane one meter (3.3 feet) above (a) Fixed sensors must have audio
the deck that is— and visual alarms in the control room
(1) 54 lux (five foot-candles) at any and audio alarms nearby.
loading flange; and (b) Fixed sensors that continuously
(2) 11 lux (one foot-candle) at each monitor for LNG vapors must—
work area. (1) Be in each enclosed area where

(d) The emergency lighting must pro- vapor or gas may accumulate; and
vide lighting for the operation of the— (2) Meet Section 9–4 of NFPA 59A.
33
§ 127.203 33 CFR Ch. I (7–1–20 Edition)
(c) Fixed sensors that continuously OPERATIONS

monitor for flame, heat, or products of
combustion must— § 127.301 Persons in charge of shore-
side transfer operations: Qualifica-
(1) Be in each enclosed or covered tions and certification.
Class I, Division 1, hazardous location
(a) No person may serve, and the op-
defined in Section 500–5(a) of NFPA 70
erator of the waterfront facility han-
and each area in which flammable or
dling LNG may not use the services of
combustible material is stored; and any person, as a person in charge of
(2) Meet Section 9–4 of NFPA 59A. shoreside transfer operations, unless
that person—
§ 127.203 Portable gas detectors.
(1) Has at least 48 hours of LNG
The marine transfer area for LNG transfer experience;
must have at least two portable gas de- (2) Knows the hazards of LNG;
tectors capable of measuring 0–100% of (3) Knows the rules of this subpart;
the lower flammable limit of methane. and
(4) Knows the procedures in the ex-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amined Operations Manual and the ex-
amended by CGD 88–049, 60 FR 39796, Aug. 3, amined Emergency Manual.
1995]
(b) Before a person in charge of
shoreside transfer operations super-
§ 127.205 Emergency shutdown.
vises a transfer, the operator shall cer-
Each transfer system must have an tify in writing that the criteria in
emergency shutdown system that— paragraph (a) of this section are met.
(a) Can be activated manually; and The operator shall maintain a copy of
(b) Is activated automatically when each current certification available for
the fixed sensors under § 127.201(b) inspection at the waterfront facility
measure LNG concentrations exceeding handling LNG.
40% of the lower flammable limit. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
amended by CGD 88–049, 60 FR 39796, Aug. 3,
§ 127.207 Warning alarms. 1995]
(a) The marine transfer area for LNG § 127.303 Compliance with suspension
must have a rotating or flashing amber order.
light with a minimum effective flash
If an order to suspend is given to the
intensity, in the horizontal plane, of
operator or owner of the waterfront fa-
5000 candelas. At least 50% of the re-
cility handling LNG, no LNG transfer
quired effective flash intensity must be operations may be conducted at the fa-
maintained in all directions from 1.0 cility until the order is withdrawn by
degree above to 1.0 degree below the the COTP.
horizontal plane.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
(b) The marine transfer area for LNG
must have a siren with a minimum 1⁄3- 1995]
octave band sound pressure level at l
meter of 125 decibels referenced to § 127.305 Operations Manual.
0.0002 microbars. The siren must be lo- Each Operations Manual must con-
cated so that the sound signal produced tain—
is audible over 360 degrees in a hori- (a) A description of the transfer sys-
zontal plane. tem including mooring areas, transfer
(c) Each light and siren must be lo- connections, control rooms, and dia-
cated so that the warning alarm is not grams of the piping and electrical sys-
obstructed for a distance of 1.6 km (1 tems;
mile) in all directions. (b) The duties of each person assigned
for transfer operations;
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as (c) The maximum relief valve setting
amended by CGD 88–049, 60 FR 39796, Aug. 3, or maximum allowable working pres-
1995]
sure of the transfer system;
(d) The facility telephone numbers of
facility supervisors, persons in charge
34
of shoreside transfer operations, per- (b) Each transfer operation is con-

sonnel on watch in the marine transfer ducted in accordance with the exam-
area for LNG, and security personnel; ined Operations Manual; and
(e) A description of the security sys- (c) Each emergency response is in ac-
tems for the marine transfer area for cordance with the examined Emergency
LNG; Manual.
(f) The procedures for— [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
(1) Transfer operations including amended by CGD 88–049, 60 FR 39796, Aug. 3,
gauging, cool down, pumping, venting, 1995]
and shutdown;
(2) Transfer operations start-up and § 127.311 Motor vehicles.
shutdown; (a) The operator shall designate and
(3) Security violations; and mark parking spaces that—
(4) The communications systems; and (1) Do not block fire lanes;
(g) A description of the training pro- (2) Do not impede any exits;
grams established under § 127.503. (3) Are not located in any impound-
ing space; and
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
amended by CGD 88–049, 60 FR 39796, Aug. 3, (4) Are not within 15 meters (49.2
1995] feet) of any storage tank or loading
flange.
§ 127.307 Emergency Manual. (b) During transfer operations, no
person may—
Each Emergency Manual must con-
(1) Stop or park a motor vehicle in a
tain—
space that is not designated a parking
(a) LNG release response procedures,
space; or
including contacting local response or-
(2) Refuel any motor vehicle.
ganizations;
(b) Emergency shutdown procedures; § 127.313 Bulk storage.
(c) A description of the fire equip-
(a) The operator shall ensure that
ment and systems and their operating
only the following flammable mate-
procedures;
rials are stored in the marine transfer
(d) A description of the emergency area for LNG:
lighting and emergency power systems; (1) LNG.
(e) The telephone numbers of local (2) LPG.
Coast Guard units, hospitals, fire de- (3) Vessel fuel.
partments, police departments, and (4) Oily waste from vessels.
other emergency response organiza- (5) Solvents, lubricants, paints, and
tions; other fuels in the amount used for one
(f) If the waterfront facility handling day’s operations and maintenance.
LNG has personnel shelters, the loca- (b) Flammable liquids must be stored
tion of and provisions in each shelter; in accordance with Chapter 4 of NFPA
(g) First aid procedures and if there 30.
are first aid stations, the locations of
each station; and [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
(h) Emergency procedures for moor- 1995]
ing and unmooring a vessel.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as § 127.315 Preliminary transfer inspec-
amended by CGD 88–049, 60 FR 39796, Aug. 3, tion.
1995] Before transferring LNG, the person
in charge of shoreside transfer oper-
§ 127.309 Operations Manual and ations shall—
Emergency Manual: Use. (a) Inspect the transfer piping and
The operator shall ensure that— equipment to be used during the trans-
(a) LNG transfer operations are not fer and replace any worn or inoperable
conducted unless the waterfront facil- parts;
ity handling LNG has an examined Op- (b) For each of the vessel’s cargo
erations Manual and examined Emer- tanks from which cargo will be trans-
gency Manual; ferred, note the pressure, temperature,
35
§ 127.317 33 CFR Ch. I (7–1–20 Edition)
and volume to ensure they are safe for (2) The date and time that transfer
transfer; operations begin;
(c) Review and agree with the person (3) A list of the requirements in
in charge of cargo transfer on the ves- § 127.315 with the initials of the person
sel to— in charge of shoreside transfer oper-
(1) The sequence of transfer operations after each requirement, indi-
ations; cating that the requirement is met;
(2) The transfer rate; (4) The signature of the person in
(3) The duties, location, and watches charge of shoreside transfer operations
of each person assigned for transfer op- and the date and time of signing, indi-
erations; and cating that he or she is ready to begin
(4) Emergency procedures from the transfer operations; and
examined Emergency Manual; (5) The signature of each relief person
(d) Ensure that transfer connections in charge and the date and time of each
allow the vessel to move to the limits relief.
of its moorings without placing strain
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
on the loading arm or transfer piping amended by CGD 88–049, 60 FR 39796, Aug. 3,
system; 1995]
(e) Ensure that each part of the
transfer system is aligned to allow the § 127.319 LNG transfer.
flow of LNG to the desired location; During LNG transfer operations, the
(f) Ensure that warning signs that following must be met:
warn that LNG is being transferred, are (a) The operator of the waterfront fa-
displayed; cility handling LNG shall ensure that—
(g) Eliminate all ignition sources in (1) The marine transfer area for LNG
the marine transfer area for LNG; is under the supervision of a person in
(h) Ensure that personnel are on duty charge, who has no other assigned du-
in accordance with the examined Oper- ties during the transfer operation;
ations Manual; and (2) Personnel transferring fuel or oily
(i) Test the following to determine waste are not involved in LNG trans-
that they are operable: fer; and
(1) The sensing and alarm systems. (3) No vessels are moored outboard of
(2) The emergency shutdown system. any LNG vessel without the permission
(3) The communication systems. of the COTP.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as (b) The person in charge of shoreside
amended by CGD 88–049, 60 FR 39796, Aug. 3, transfer operations shall—
1995] (1) Be in continuous communication
with the person in charge of transfer
§ 127.317 Declaration of inspection. operations on the vessel;
(a) After the preliminary transfer in- (2) Ensure that an inspection of the
spection under § 127.315 has been satis- transfer piping and equipment for
factorily completed, the person in leaks, frost, defects, and other symp-
charge of shoreside transfer operations toms of safety and operational prob-
shall ensure that no person transfers lems is conducted at least once every
LNG until a Declaration of Inspection transfer;
that meets paragraph (c) of this section (3) Ensure that transfer operations
is executed and signed in duplicate. are discontinued—
(b) The person in charge of shoreside (i) Before electrical storms or uncon-
transfer operations shall give one trolled fires are adjacent to the marine
signed copy of the Declaration of In- transfer area for LNG; and
spection to the person in charge of (ii) As soon as a fire is detected; and
transfer operations on the vessel, and (4) Ensure that the lighting systems
shall retain one signed copy at the wa- are turned on between sunset and sun-
terfront facility handling LNG for 30 rise.
days after completion of the transfer. NOTE: Vessel transfer requirements are
(c) Each Declaration of Inspection published in 46 CFR Part 154.
must contain— [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as

(1) The name of the vessel and the amended by CGD 88–049, 60 FR 39796, Aug. 3,
waterfront facility handling LNG; 1995]
36
§ 127.321 Release of LNG. (b) Welding is done in accordance

with NFPA 51B and NFPA 59A, Chapter
(a) The operator of the waterfront fa-
6, Section 6–3.4.
cility handling LNG shall ensure that—
(1) No person releases LNG into the [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
navigable waters of the United States; amended by CGD 88–049, 60 FR 39796, Aug. 3,
1995]
and
(2) If there is a release of LNG, ves- § 127.407 Testing.
sels near the facility are notified of the
(a) The operator shall pressure test
release by the activation of the warn-
under paragraph (b) of this section the
ing alarm.
transfer system, including piping,
(b) If there is a release of LNG, the hoses, and loading arms, and verify the
person in charge of shoreside transfer set pressure of the safety and relief
operations shall— valves—
(1) Immediately notify the person in (1) After the system or the valves are
charge of cargo transfer on the vessel altered;
of the intent to shutdown; (2) After the system or the valves are
(2) Shutdown transfer operations; repaired;
(3) Notify the COTP of the release; (3) After any increase in the MAWP;
and or
(4) Not resume transfer operations (4) For those components that are
until authorized by the COTP. not continuously kept at cryogenic
temperature, at least once each cal-
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as endar year, with intervals between
testing not exceeding 15 months.
1995]
(b) The pressure for the transfer sys-
MAINTENANCE tem test under paragraph (a) of this
section must be at 1.1 times the MAWP
§ 127.401 Maintenance: General. and be held for a minimum of 30 min-
utes.
The operator of the waterfront facil-
ity handling LNG shall ensure that the § 127.409 Records.
equipment required under this part is (a) The operator shall keep on file
maintained in a safe condition so that the following information:
it does not cause a release or ignition (1) A description of the components
of LNG. tested under § 127.407.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as (2) The date and results of the test
amended by CGD 88–049, 60 FR 39796, Aug. 3, under § 127.407.
1995] (3) A description of any corrective ac-
tion taken after the test.
§ 127.403 Inspections. (b) The information required by this
The operator shall conduct a visual section must be retained for 24 months.
inspection for defects of each pressure- PERSONNEL TRAINING
relief device not capable of being test-
ed, at least once each calendar year, § 127.501 Applicability.
with intervals between inspections not
The training required by this subpart
exceeding 15 months, and make all re-
must be completed before LNG is
pairs in accordance with § 127.405. transferred.
§ 127.405 Repairs. § 127.503 Training: General.
The operator shall ensure that— The operator shall ensure that each
(a) Equipment repairs are made so of the following is met:
that— (a) All full-time employees have
(1) The equipment continues to meet training in the following subjects:
the applicable requirements in this (1) Basic LNG firefighting proce-

subpart and in NFPA 59A; and dures.
(2) Safety is not compromised; and (2) LNG properties and hazards.
37
§ 127.601 33 CFR Ch. I (7–1–20 Edition)
(b) In addition to the training under fighting fires, but there must be at
paragraph (a) of this section, each per- least two emergency outfits. Each
son assigned for transfer operations emergency outfit must include—
has training in the following subjects: (1) One explosion-proof flashlight;
(1) The examined Operations Manual (2) Boots and gloves of rubber or
and examined Emergency Manual. other electrically nonconducting mate-
(2) Advanced LNG firefighting proce- rial;
dures. (3) A rigid helmet that protects the
(3) Security violations. head against impact;
(4) LNG vessel design and cargo (4) Water resistant clothing that also
transfer operations. protects the body against fire; and
(5) LNG release response procedures. (5) U.S. Bureau of Mines approved
(6) First aid procedures for— self-contained breathing apparatus.
(i) Frostbite; (b) Emergency outfits under para-
(ii) Burns;
graph (a) of this section must be in lo-
(iii) Cardio-pulminary resuscitation;
cations that are readily accessible and
and
marked for easy recognition.
(iv) Transporting injured personnel.
(c) The personnel who received train- § 127.607 Fire main systems.
ing under paragraphs (a) and (b) of this
section receive refresher training in (a) Each marine transfer area for
the same subjects at least once every LNG must have a fire main system
five years. that provides at least two water
streams to each part of the LNG trans-
FIREFIGHTING fer piping and connections, one of
which must be from a single length of
§ 127.601 Fire equipment: General. hose or from a fire monitor.
(a) Fire equipment and systems pro- (b) The fire main must have at least
vided in addition to the requirements one isolation valve at each branch con-
in this subpart must meet the require- nection and at least one isolation valve
ments of this subpart. downstream of each branch connection
(b) The following must be red or some to isolate damaged sections.
other conspicuous color and be in loca- (c) The fire main system must have
tions that are readily accessible: the capacity to supply—
(1) Hydrants and standpipes. (1) Simultaneously all fire hydrants,
(2) Hose stations. standpipes, and fire monitors in the
(3) Portable fire extinguishers. system; and
(4) Fire monitors. (2) At a Pitot tube pressure of 618
(c) Fire equipment, if applicable, kilonewtons per square meter (75
must bear the approval of Underwriters p.s.i.), the two outlets having the
Laboratories, Inc., the Factory Mutual greatest pressure drop between the
Research Corp., or the Coast Guard. source of water and the hose or mon-
itor nozzle, when only those two out-
§ 127.603 Portable fire extinguishers. lets are open.
Each marine transfer area for LNG (d) If the source of water for the fire
must have— main system is capable of supplying a
(a) Portable fire extinguishers that pressure greater than the system’s de-
meet 9–6.1 of NFPA 59A and Chapter 3 sign working pressure, the system
of NFPA 10; and must have at least one pressure relief
(b) At least one portable fire extin- device.
guisher in each designated parking (e) Each fire hydrant or standpipe
area. must have at least one length of hose
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as of sufficient length to meet paragraph
amended by CGD 88–049, 60 FR 39796, Aug. 3, (a) of this section.
1995] (f) Each length of hose must—
(1) Be 11⁄2 inches or more in diameter
§ 127.605 Emergency outfits. and 30.5 meters (100 feet) or less in

(a) There must be an emergency out- length;
fit for each person whose duties include (2) Be on a hose rack or reel;
38
(3) Be connected to the hydrant or § 127.615 Fires.

standpipe at all times; and
In the marine transfer area for LNG,
(4) Have a Coast Guard approved
the operator shall ensure that there
combination solid stream and water
are no fires when there is LNG present.
spray fire hose nozzle.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
amended at CGD 88–049, 60 FR 39796, Aug. 3,
1995]
1995]
§ 127.609 Dry chemical systems. § 127.617 Hotwork.

(a) Each marine transfer area for The operator shall ensure that no
LNG must have a dry chemical system person conducts welding, torch cutting,
that provides at least two dry chemical or other hotwork unless that person
discharges to the area surrounding the has a permit from the COTP.
loading arms, one of which must be—
SECURITY
(1) From a monitor; and
(2) Actuated and, except for pre- § 127.701 Security on existing facili-
aimed monitors, controlled from a lo- ties.
cation other than the monitor loca-
tion. The operator shall ensure that any
(b) The dry chemical system must security procedure and arrangement on
have the capacity to supply simulta- existing facilities, that were in use
neously or sequentially each hose or when LNG transfer operations were
monitor in the system for 45 seconds. last conducted, be continued and main-
(c) Each dry chemical hose station tained, or upgraded, whenever LNG
must have at least one length of hose transfer operations are conducted.
that—
§ 127.703 Access to the marine transfer
(1) Is on a hose rack or reel; and area for LNG.
(2) Has a nozzle with a valve that
starts and stops the flow of dry chem- The operator shall ensure that—
ical. (a) Access to the marine transfer
area for LNG from the shoreside and
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
the waterside is limited to—
1995] (1) Personnel who work at the water-
front facility handling LNG including
§ 127.611 International shore connec- persons assigned for transfer oper-
tion. ations, vessel personnel, and delivery
The marine transfer area for LNG and service personnel in the course of
must have an international shore con- their business;
nection that is in accordance with (2) Coast Guard personnel; and
ASTM F 1121 (incorporated by ref- (3) Other persons authorized by the
erence, see § 127.003), a 21⁄2 inch fire hy- operator; and
drant, and 21⁄2 inch fire hose of suffi- (b) No person is allowed into the ma-
cient length to connect the fire hy- rine transfer area for LNG unless that
drant to the international shore con- person is identified by a waterfront fa-
nection on the vessel. cility handling LNG-issued identifica-
tion card or other identification card
[CGD 88–032, 56 FR 35819, July 29, 1991, as
displaying his or her photograph, or is
1995; USCG–2000–7223, 65 FR 40057, June 29, an escorted visitor displaying an iden-
2000] tifying badge.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
§ 127.613 Smoking.
In the marine transfer area for LNG, 1995]
the operator shall ensure that no per-
son smokes when there is LNG present. § 127.705 Security systems.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as The operator shall ensure that secu-
amended at CGD 88–049, 60 FR 39796, Aug. 3, rity patrols of the marine transfer area
1995] for LNG are conducted once every
39
§ 127.707 33 CFR Ch. I (7–1–20 Edition)
hour, or that a manned television mon- turn line must have an isolation valve
itoring system is used, to detect— with a bleed connection, such that
(a) Unauthorized personnel; transfer hoses and loading arms can be
(b) Fires; and blocked off, drained or pumped out, and
(c) LNG releases. depressurized before disconnecting.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as
Bleeds or vents must discharge to a
amended by CGD 88–049, 60 FR 39796, Aug. 3, safe area such as a tank or flare.
1995] (d) In addition to the isolation valve
at the transfer manifold, each liquid-
§ 127.707 Security personnel. transfer line and each vapor return line
The operator shall ensure that no must have a readily accessible isola-
person is assigned security patrol duty tion valve located near the edge of the
unless that person has been instructed marine transfer area for LHG.
on security violation procedures. (e) Each power-operated isolation
valve must be timed to close so that it
§ 127.709 Protective enclosures. will not produce a hydraulic shock ca-
The following must be within a fence pable of causing failure of the line or
or wall that prevents trespassing: equipment. Unless the layout of the
(a) Impounding spaces. piping allows the isolation valve at the
(b) Control rooms and stations. transfer manifold to close within 30
(c) Electrical power sources. seconds without creating excessive
stresses on the system, the layout
§ 127.711 Communications. must be reconfigured to reduce the
stresses to a safe level.
The marine transfer area for LNG
(f) Each waterfront facility handling
must have a means of direct commu-
LHG that transfers to or from a vessel
nications between the security patrol
requiring vapor return during transfer
and other operating or security per-
must be equipped with a vapor return
sonnel on duty on the waterfront facil-
line designed to attach to the vessel’s
ity handling LNG.
vapor connection.
[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as (g) Where two or more LHGs are
amended by CGD 88–049, 60 FR 39796, Aug. 3, loaded or unloaded at the same facil-
1995] ity, each manifold must be identified
or marked to indicate each LHG it han-
Subpart C—Waterfront Facilities dles.
Handling Liquefied Hazardous Gas (h) Each pipeline used to transfer
flammable liquids or vapors must be
SOURCE: CGD 88–049, 60 FR 39796, Aug. 3, provided with precautions against stat-
1995, unless otherwise noted. ic, lightning, and stray current in ac-
cordance with API RP 2003.
DESIGN AND CONSTRUCTION
§ 127.1102 Transfer hoses and loading
§ 127.1101 Piping systems. arms.
Each piping system within the ma- (a) Each hose within the marine
rine transfer area for LHG used for the transfer area for LHG used for the
transfer of LHG must meet the fol- transfer of LHG or its vapors to or
lowing criteria: from a vessel must—
(a) Each system must be designed (1) Be made of materials resistant to
and constructed in accordance with each LHG transferred, in both the liq-
ASME B31.3. uid and vapor state (if wire braid is
(b) Each pipeline on a pier or wharf used for reinforcement, the wire must
must be located so that it is not ex- be of corrosion-resistant material, such
posed to physical damage from vehic- as stainless steel);
ular traffic or cargo-handling equip- (2) Be constructed to withstand the
ment. Each pipeline under navigable temperature and pressure foreseeable
waters must be covered or protected to during transfer, with a MAWP not less
meet 49 CFR 195.248. than the maximum pressure to which

(c) The transfer manifold of each liq- it may be subjected and at least 1030
uid transfer line and of each vapor re- kPa gauge (149.4 psig);
40
(3) Be designed for a minimum burst- new construction in the marine trans-
ing pressure of a least five times the fer area for LHG of each existing facil-
MAWP; ity, except moorings and breasting dol-
(4) Have— phins, that supports or is within 4.5
(i) Full-threaded connections; meters (14.8 feet) of any pipe or equip-
(ii) Flanges that meet ANSI B16.5; or ment containing a flammable LHG, or
(iii) Quick connect couplings that are that is within 15 meters (49.2 feet) of a
acceptable to the Commandant; loading flange used to transfer a flam-
(5) Be adequately supported against mable LHG, must have a fire-endur-
the weight of its constituent parts, the ance rating of not less than two hours.
LHG, and any ice formed on it;
(6) Have no kinks, bulges, soft spots, § 127.1105 Layout and spacing of ma-
or other defects that will let it leak or rine transfer area for LHG.
burst under normal working pressure; Each new waterfront facility han-
and dling LHG, and all new construction in
(7) Have a permanently attached the marine transfer area for LHG of
nameplate that indicates, or otherwise each existing facility, must comply
be permanently marked to indicate— with the following:
(i) Each LHG for which it is suitable; (a) Each building, shed, and other
(ii) Its MAWP at the corresponding structure within each marine transfer
service temperature; and area for LHG must be located, con-
(iii) If used for service at other than structed, or ventilated to prevent the
ambient temperature, its minimum accumulation of flammable or toxic
service temperature. gases within the structure.
(b) Each loading arm used for the (b) Each impounding space for flam-
transfer of LHG or its vapor must— mable LHGs located within the area
(1) Be made of materials resistant to must be designed and located so that
each LHG transferred, in both the liq- the heat flux from a fire over the im-
uid and vapor state; pounding space does not cause, to a
(2) Be constructed to withstand the vessel, damage that could prevent the
temperature and pressure foreseeable vessel’s movement.
during transfer; (c) Each manifold, loading arm, or
(3) Be adequately supported against independent mating flange must be lo-
the weight of its constituent parts, the cated at least 60 meters (197 feet) from
LHG, and any ice formed on it; each of the following structures, if that
(4) Be provided with an alarm to indi- structure is intended primarily for the
cate when it is approaching the limits use of the general public or of railways:
of its extension, unless the examined (1) A bridge crossing a navigable wa-
Operations Manual requires a person to terway.
perform the same function; and (2) The entrance to, or the super-
(5) Have a permanently attached structure of, a tunnel under a navi-
nameplate that indicates, or otherwise gable waterway.
be permanently marked to indicate— (d) Each manifold, loading arm, or
(i) Each LHG it may handle; independent mating flange must be lo-
(ii) Its MAWP at the corresponding cated at least 30 meters (98.5 feet) from
service temperature; and, each public roadway or railway.
(iii) If it is used for service at other
than ambient temperature, its min- § 127.1107 Electrical systems.
imum service temperature. Electrical equipment and wiring
must be of the kind specified by, and
§ 127.1103 Piers and wharves. must be installed in accordance with,
(a) Each new waterfront facility han- NFPA 70.
dling LHG, and all new construction in
the marine transfer area for LHG of § 127.1109 Lighting systems.
each existing facility, must comply (a) Each waterfront facility handling
with the standards for seismic design LHG, at which transfers of LHG take
and construction in 49 CFR part 41. place between sunset and sunrise, must
(b) Each substructure on a new wa- have outdoor lighting that illuminates
terfront facility handling LHG, and all the marine transfer area for LHG.
41
§ 127.1111 33 CFR Ch. I (7–1–20 Edition)
(b) All outdoor lighting must be lo- (3) At least 7.6 centimeters (3 inches)
cated or shielded so that it cannot be high.
mistaken for any aids to navigation (c) The words ‘‘No Smoking’’ and ‘‘No
and does not interfere with navigation Open Lights’’ may be omitted when the
on the adjacent waterways. product being transferred is not flam-
(c) The outdoor lighting must provide mable.
a minimum average illumination on a
horizontal plane 1 meter (3.3 feet) EQUIPMENT
above the walking surface of the ma- § 127.1203 Gas detection.
rine transfer area that is—
(1) 54 lux (5 foot-candles) at any load- (a) Each waterfront facility handling
ing flange; and LHG that transfers a flammable LHG
(2) 11 lux (1 foot-candle) for the re- must have at least two portable gas de-
mainder of the marine transfer area for tectors, or a fixed gas detector, in the
LHG. marine transfer area for LHG. Each de-
tector must be capable of indicating
§ 127.1111 Communication systems. whether the concentration of flam-
mable vapors exceeds 30% of the Lower
(a) The marine transfer area for LHG
Flammable Limit for each flammable
must possess a communication system
product being transferred and must
that enables continuous two way voice
meet ANSI S12.13, Part I.
communication between the person in
(b) Each waterfront facility handling
charge of transfer aboard the vessel
LHG that transfers a toxic LHG, other
and the person in charge of transfer for
than anhydrous ammonia, must have
the facility.
at least two portable gas detectors, or
(b) The communication system re-
a fixed gas detector, available in the
quired by paragraph (a) of this section
area. The detectors must be capable of
may consist either of fixed or portable
showing whether the concentration of
telephones or of portable radios. The
each toxic LHG being transferred is
system must be usable and effective in
above, at, or below any Permissible Ex-
all phases of the transfer and all
posure Limit listed in 29 CFR 1910.1000,
weather at the facility.
Table Z–1 or Z–2.
(c) Devices used to comply with para- (c) Each gas detector required by
graph (a) of this section during the paragraph (a) or (b) of this section
transfer of a flammable LHG must be must serve to detect leaks, check
listed as intrinsically safe by Under- structures for gas accumulations, and
writers Laboratories, Inc., Factory Mu- indicate workers’ exposure to toxic
tual Research Corporation, or other gases in the area.
independent laboratory recognized by
NFPA, for use in the hazardous loca- [CGD 88–049, 60 FR 39797, Aug. 3, 1995; 60 FR
tion in which it is used. 49509, Sept. 26, 1995]
§ 127.1113 Warning signs. § 127.1205 Emergency shutdown.

(a) The marine transfer area for LHG (a) Each piping system used to trans-
must have warning signs that— fer LHG or its vapors to or from a ves-
(1) Meet paragraph (b) of this section; sel must have a quick-closing shutoff
(2) Can be seen from the shore and valve to stop the flow of liquid and
the water; and, vapor from the waterfront facility han-
(3) Except as provided in paragraph dling LHG if a transfer hose or loading
(c) of this section, bear the following arm fails. This valve may be the isola-
text: tion valve with a bleed connection re-
quired by § 127.1101(c).
Warning (b) The valve required by paragraph
Dangerous Cargo (a) of this section must be located as
No visitors near as practicable to the terminal
No Smoking
manifold or loading-arm connection
No Open Lights
and must—
(b) Each letter on the sign must be— (1) Close on loss of power;
(1) In block style; (2) Close from the time of activation
(2) Black on a white background; and in 30 seconds or less;
42
(3) Be capable of local manual closing wearer from the LHG’s vapor for at
and remotely controlled closing; and, least 5 minutes.
(4) If the piping system is used to
transfer a flammable LHG, either have OPERATIONS
fusible elements that melt at less than
§ 127.1301 Persons in charge of trans-
105 °C (221 °F) and activate the emer- fers for the facility: Qualifications
gency shutdown, or have a sensor that and certification.
performs the same function.
(c) A remote actuator for each valve (a) No person may serve, or use the
must be located in a place accessible in services of any person, as a person in
an emergency, at least 15 meters (49.2 charge of transfers for the facility reg-
feet) from the terminal manifold or ulated under this subpart, unless that
loading arm, and conspicuously person—
marked with its designated function. (1) Has at least 48 hours’ transfer ex-
When activated, the actuator must also perience with each LHG being trans-
automatically shut down any terminal ferred;
pumps or compressors used to transfer (2) Knows the hazards of each LHG
LHG, or its vapors, to or from the ves- being transferred;
sel. (3) Knows the rules of this subpart;
and
[CGD 88–049, 60 FR 39797, Aug. 3, 1995; 60 FR (4) Knows the procedures in the ex-
49509, Sept. 26, 1995] amined Operations Manual and the ex-
amined Emergency Manual.
§ 127.1207 Warning alarms. (b) Before a person in charge of trans-
(a) Each marine transfer area for fers for a waterfront facility handling
LHG must have a rotating or flashing LHG supervises a transfer of LHG, the
amber light that is visible for at least operator of the facility shall certify in
1,600 meters (1 mile) from the transfer writing that that person has met the
connection in all directions. requirements in paragraph (a) of this
(b) Each marine transfer area for section. The operator shall ensure that
LHG must also have a siren that is au- a copy of each current certification is
dible for at least 1,600 meters (1 mile) available for inspection at the facility.
from the transfer connection in all di-
[CGD 88–049, 60 FR 39798, Aug. 3, 1995; 60 FR
rections. 49509, Sept. 26, 1995]
(c) Each light and siren required by
this section must be located so as to § 127.1302 Training.
minimize obstructions. If any obstruc-
(a) Each operator of a waterfront fa-
tion will prevent any of these alarms
cility handling LHG shall ensure that
from meeting paragraph (a) or (b) of
each person assigned to act as a person
this section, the operator of the water-
in charge of transfers for the facility
front facility handling LHG shall pro-
has training in the following subjects:
pose for approval by the local COTP ad-
(1) Properties and hazards of each
ditional or alternative warning devices
LHG being transferred to or from the
that provide an equivalent level of
facility.
safety.
(2) Use of the gas detectors required
[CGD 88–049, 60 FR 39798, Aug. 3, 1995; 60 FR by § 127.1203.
49509, Sept. 26, 1995] (3) Use of the equipment for res-
piratory protection required by
§ 127.1209 Respiratory protection. § 127.1209.
Each waterfront facility handling (4) Basic firefighting procedures, in-
LHG must provide equipment for res- cluding the use of the portable fire ex-
piratory protection for each employee tinguishers required by § 127.1503.
of the facility in the marine transfer (5) Content and use of the examined
area for LHG during the transfer of one Operations Manual and examined
or more of the following toxic LHGs; Emergency Manual.
anhydrous ammonia, chlorine, di- (6) The configuration and limitations
methylamine, ethylene oxide, methyl of cargo systems of LHG vessels.

bromide, sulphur dioxide, or vinyl chlo- (7) Procedures for transferring LHG
ride. The equipment must protect the to and from LHG vessels.
43
§ 127.1303 33 CFR Ch. I (7–1–20 Edition)
(8) Procedures for response to a re- (c) The maximum relief-valve setting
lease of the LHG handled by the facil- or MAWP of the transfer system;
ity. (d) The telephone numbers of super-
(9) First aid for persons— visors, persons in charge of transfers
(i) With burns; for the facility, persons on watch in
(ii) Needing cardio-pulmonary resus- the marine transfer area for LHG, and
citation; security personnel of the facility;
(iii) Exposed to toxic liquid or toxic (e) A description for each security
vapors (if a toxic LHG is handled by system provided for the transfer area;
the facility); and (f) A description of the training pro-
(iv) Needing transport to a medical grams established under § 127.1302;
facility. (g) The procedures to follow for secu-
(10) Restrictions on access to the ma- rity violations; and
rine transfer area for LHG. (h) For each LHG handled, the proce-
(b) Each person that receives train- dures for transfer that include—
ing under paragraph (a) of this section (1) Requirements for each aspect of
shall receive refresher training in the the transfer (start-up, gauging,
same subjects at least once every 5 cooldown, pumping, venting, and shut-
years. down);
(c) The operator shall maintain, for (2) The maximum transfer rate;
each person trained, a record of all (3) The minimum transfer tempera-
training provided under paragraphs (a) ture;
and (b) of this section. The operator (4) Requirements for firefighting
shall retain these records for the dura- equipment; and
tion of the person’s employment on the (5) Communication procedures.
waterfront facility plus 12 months.
(d) Training conducted to comply § 127.1307 Emergency Manual.
with the hazard communication pro- (a) Each Emergency Manual must
grams required by the Occupational contain—
Safety and Health Administration (1) For each LHG handled—
(OSHA) of the Department of Labor [29 (i) A physical description of the LHG;
CFR 1910.120] or the Environmental (ii) A description of the hazards of
Protection Agency (EPA) [40 CFR 311.1] the LHG;
may be used to satisfy the require- (iii) First-aid procedures for persons
ments in paragraph (a) of this section, exposed to the LHG or its vapors;
so far as the training addresses the re- (iv) The procedures for response to a
quirements in paragraph (a) of this sec- release of the LHG; and,
tion. (v) If the LHG is flammable, the pro-
cedures for fighting a fire involving the
§ 127.1303 Compliance with suspension LHG or its vapors;
order. (2) A description of the emergency
If the COTP issues to the owner or shutdown required by § 127.1205;
operator of a waterfront facility han- (3) The procedures for emergency
dling LHG an order to suspend a trans- shutdown;
fer, no transfer may take place at the (4) A description of the number, kind,
facility until the COTP withdraws the place, and use of the fire equipment re-
order. quired by § 127.1501(a) and of the port-
able fire extinguishers required by
§ 127.1305 Operations Manual. § 127.1503;
Each Operations Manual must con- (5) The telephone numbers of local
tain— Coast Guard units, hospitals, fire de-
(a) A description of each liquid-trans- partments, police departments, and
fer system and vapor transfer system, other emergency-response organiza-
including each mooring area, transfer tions;
connection, and (where installed) con- (6) If the facility has personnel shel-
trol room, and a diagram of the piping ters, the place of and provisions in each
and electrical systems; shelter;

(b) The duties of each person assigned (7) If the facility has first-aid sta-
to transfers; tions, the location of each station;
44
(8) Emergency procedures for moor- mating flange containing a flammable

ing and unmooring a vessel; and, liquid or vapor.
(9) If an off-site organization is to
furnish emergency response, a copy of § 127.1313 Storage of hazardous mate-
the written agreement required by rials.
§ 127.1505(a)(2). (a) Each operator of a waterfront fa-
(b) The employee-emergency plan cility handling LHG shall ensure that
and fire-prevention plan required by no materials listed in the table of haz-
OSHA in 29 CFR 1910.38 may be used to ardous materials under 49 CFR 172.101,
comply with this section to the extent except for the following, are stored in
that they address the requirements the marine transfer area for LHG:
specified in paragraphs (a) (1) through (1) The LHG being transferred.
(9) of this section. (2) Fuel required by the vessel, or by
[CGD 88–049, 60 FR 39799, Aug. 3, 1995; 60 FR emergency equipment in the area.
49509, Sept. 26, 1995] (3) Oily wastes received from vessels.
(4) Solvents, lubricants, paints and
§ 127.1309 Operations Manual and similar materials in the amount re-
Emergency Manual: Use. quired for one day’s operations and
Each operator of a waterfront facil- maintenance.
ity handling LHG shall ensure that— (b) The operator shall ensure that
(a) No transfer is conducted unless flammable liquids not stored in bulk
the facility has an examined Oper- are stored in accordance with Chapter 4
ations Manual and an examined Emer- of NFPA 30.
gency Manual;
(b) Each transfer is conducted in ac- § 127.1315 Preliminary transfer inspec-
cordance with the examined Operations tion.
Manual; and Before each transfer, the person in
(c) Each emergency response is con- charge of transfer for the facility
ducted in accordance with the exam- shall—
ined Emergency Manual. (a) Inspect piping and equipment
within the marine transfer area for
§ 127.1311 Motor vehicles. LHG to be used for transfer and ensure
(a) When LHG is being transferred or that it meets the requirements in this
stored in the marine transfer area of a part;
waterfront facility handling LHG, the (b) Determine the contents, pressure,
operator shall ensure that no person— temperature, and capacity of each stor-
(1) Stops or parks a motor vehicle in age tank to or from which LHG will be
a space other than a designated park- transferred, to ensure that it is safe for
ing space; transfer;
(2) Refuels a motor vehicle within the (c) Confer with the person in charge
area; or of transfer aboard the vessel, to review
(3) Operates a vehicle or other mobile and agree on—
equipment that constitutes a potential (1) The sequence of acts required for
source of ignition within 15 meters (49.2 transfer;
feet) of any storage container, mani- (2) The rate, maximum working pres-
fold, loading arm, or independent mat- sure, and minimum working tempera-
ing flange containing a flammable liq- ture of transfer;
uid or vapor. (3) The duties, stations, and watches
(b) If motor vehicles are permitted to of each person assigned for transfer;
stop in the marine transfer area for and
LHG, the operator shall designate and (4) The emergency procedures in the
mark parking spaces that— examined Emergency Manual;
(1) Do not block fire lanes; (d) Ensure that the vessel is securely
(2) Do not impede any entrances or moored and that the transfer connec-
exits; and tions allow it to move to the limits of
(3) Are not located within 15 meters its moorings without placing a strain
(49.2 feet) of any storage container, on the piping, hose, or loading arm
manifold, loading arm, or independent used for transfer;
45
§ 127.1317 33 CFR Ch. I (7–1–20 Edition)
(e) Ensure that each part of the in charge of transfer aboard the vessel
transfer system is aligned to allow the and retain the other.
flow of LHG to the desired place; (e) Each operator of a facility shall
(f) Ensure the display of the warning retain a signed copy of the Declaration
signs required by § 127.1113; at the facility for 30 days after the
(g) Ensure that the requirements of transfer.
this part concerning smoking and fire
protection are met; § 127.1319 Transfer of LHG.
(h) Ensure that qualified personnel (a) The operator of a waterfront facil-
are on duty in accordance with the ex- ity handling LHG shall notify the
amined Operations Manual and COTP of the time and place of each
§§ 127.1301 and 127.1302; and transfer of LHG in bulk at least 4 hours
(i) Test the following to determine before it begins.
that they are operable: (b) During transfer, each operator of
(1) The communication system re- a waterfront facility handling LHG
quired by § 127.1111. shall ensure that—
(2) The gas detectors required by (1) The marine transfer area for LHG
§ 127.1203. is under the supervision of a person in
charge certified for transfers of LHG,
§ 127.1317 Declaration of Inspection. who has no other assigned duties dur-
ing the transfer;
(a) Each person in charge of transfer
(2) The person in charge supervises
for the facility shall ensure that no
transfers only to or from one vessel at
person transfers LHG to or from a ves-
a time unless authorized by the COTP.
sel until a Declaration of Inspection
(3) No person transferring fuel or oily
that meets paragraph (c) of this section
waste is involved in the transfer; and
is executed and signed by both the per-
(4) No vessel is moored outboard of
son in charge aboard the vessel and the
any LHG vessel unless allowed by the
person in charge for the facility.
COTP or the examined Operations
(b) No person in charge of transfer for Manual of the facility.
the facility may sign the Declaration (c) During transfer, each person in
unless that person has fulfilled the re- charge of transfer for the facility
quirements of § 127.1315 and has indi- shall—
cated fulfillment of each requirement (1) Maintain communication with the
by writing his or her initials in the ap- person in charge of transfer aboard the
propriate space on the Declaration. LHG vessel;
(c) Each Declaration must contain— (2) Ensure that an inspection of the
(1) The name of the vessel and that of transfer piping and equipment for
the facility; leaks, frost, defects, and other threats
(2) The date and time that the trans- to safety takes place at least once
fer begins; every transfer;
(3) A list of the requirements in (3) Ensure that—
§ 127.1315 with the initials of both the (i) Transfer of LHG is discontinued as
person in charge aboard the vessel and soon as a release or fire is detected in
the person in charge for the facility the area or aboard the vessel; and
after each requirement, indicating the (ii) Transfer of flammable LHG is dis-
fulfillment of the requirement; continued when electrical storms or
(4) The signatures of both the person uncontrolled fires approach near the
in charge aboard the vessel and the area; and
person in charge for the facility, and (4) Ensure that the outdoor lighting
the date and time of signing, indicating required by § 127.1109 is turned on be-
that they are both ready to begin tween sunset and sunrise.
transfer; and (d) Upon completion of transfer of
(5) The signature of each relief person LHG, each operator of a waterfront fa-
in charge and the date and time of each cility handling LHG shall ensure that
relief. hoses and loading arms used for trans-
(d) The person in charge of transfer fer are drained of LHG residue and de-
for the facility shall give one signed pressurized before disconnecting from
copy of the Declaration to the person the vessel.
46
NOTE TO § 127.1319: Corresponding standards MAINTENANCE
for vessels appear at 46 CFR part 154.
§ 127.1401 General.
§ 127.1321 Release of LHG.
Each operator of a waterfront facil-
(a) Each operator of a waterfront fa- ity handling LHG shall ensure that all
cility handling LHG shall ensure that— cargo handling equipment is operable,
(1) No person intentionally releases and that no equipment that may cause
LHG into the environment; and the release or ignition of LHG is used
(2) If a release of LHG or its vapor in the marine transfer area for LHG.
threatens vessels or persons outside
the marine transfer area for LHG, they § 127.1403 Inspections.
are notified by the warning devices. (a) Each operator of a waterfront fa-
(b) If LHG or its vapor is released, cility handling LHG shall conduct a
the person in charge of transfer for the visual inspection for defects of each
facility shall— pressure relief device not capable of
(1) Immediately notify the person in being tested.
charge of transfer aboard the vessel (b) The operator shall conduct the in-
that transfer must be shut down; spection required by paragraph (a) of
(2) Shut down transfer in coordina- this section at least once each calendar
tion with the person aboard the vessel; year, with intervals between inspec-
(3) Notify the COTP of the release; tions not exceeding 15 months.
and
(4) Not resume transfer until author- § 127.1405 Repairs.
ized by the COTP. Each operator of a waterfront facil-
ity handling LHG shall ensure that—
§ 127.1325 Access to marine transfer (a) Equipment is repaired so that—
area for LHG.
(1) The equipment continues to meet
Each operator of a waterfront facil- the applicable requirements in this
ity handling LHG shall ensure that— subpart; and
(a) Access to the marine transfer (2) Safety is not compromised; and
area for LHG from shoreside and water- (b) Welding and cutting meet NFPA
side is limited to— 51B.
(1) Personnel who work in the area,
transfer personnel, vessel personnel, § 127.1407 Tests.
and delivery and service personnel in (a) Each operator of a waterfront fa-
the course of their business; cility handling LHG shall conduct a
(2) Federal, State, and local officials; static liquid-pressure test of the pip-
and ing, hoses, and loading arms of the
(3) Other persons authorized by the LHG-transfer system located in the
operator; marine transfer area for LHG, and
(b) Each person allowed into the area shall verify the set pressure of the safe-
is positively identified as someone au- ty and relief valves—
thorized to enter and that each person (1) After the system or the valves are
other than an employee of the facility altered;
displays an identifying badge; (2) After major repairs to the system
(c) Guards are stationed, and fences or the valves;
or other devices are installed, to pre- (3) After any increase in the MAWP
vent, detect, and respond to unauthor- of the system; and
ized access, fires, and releases of LHG (4) At least once each calendar year,
in the area, except that alternative with intervals between tests not ex-
measures approved by the COTP (such ceeding 15 months.
as electronic monitoring or random pa- (b) The pressure for the test under
trols) will be sufficient where the sta- paragraph (a) of this section must be at
tioning of guards is impracticable; and least 1.1 times the MAWP and last for
(d) Coast Guard personnel are al- at least 30 minutes.
lowed access to the facility, at any (c) The operator shall conduct a test
time, to make any examination or to of each pressure gauge, to ensure that

board any vessel moored at the facil- the displayed pressure is within 10 per-
ity. cent of the actual pressure, at least
47
§ 127.1409 33 CFR Ch. I (7–1–20 Edition)
once each calendar year, with intervals equipment determined by this evalua-
between tests not exceeding 15 months. tion must appear in the Emergency
(d) The operator shall conduct a test Manual for each facility. The evalua-
of each item of remote operating or in- tion for each new facility and for all
dicating equipment, such as a remotely new construction on each existing fa-
operated valve, at least once each cal- cility must be submitted to the COTP
endar year, with intervals between for review when the emergency manual
tests not exceeding 15 months. is submitted under § 127.1307.
(e) The operator shall conduct a test (b) All fire equipment for each facil-
of the emergency shutdown required by ity must be adequately maintained,
§ 127.1205 at least once every two and periodically inspected and tested,
months, to ensure that it will perform so it will perform as intended.
as intended. If transfers of LHG occur (c) The following must be red or some
less often than every two months, the other conspicuous color and be in
operator may conduct this test before places that are readily accessible:
each transfer instead of every two (1) Hydrants and standpipes.
months. (2) Hose stations.
(f) The operator shall conduct a test (3) Portable fire extinguishers.
of the warning alarm required by (4) Fire monitors.
§ 127.1207 at least once every six (d) Fire equipment must bear the ap-
months, to ensure that it will perform proval, if applicable, of Underwriters
as intended. If transfers of LHG occur Laboratories, Inc., Factory Mutual Re-
less often than every six months, the search Corporation, or other inde-
operator may conduct this test before pendent laboratory recognized by
each transfer instead of every six NFPA.
months. [CGD 88–049, 60 FR 39796, Aug. 3, 1995, as
amended by USCG–1999–5832, 64 FR 34714,
§ 127.1409 Records. June 29, 1999]
(a) Each operator of a waterfront fa-
cility handling LHG shall keep on file: § 127.1503 Portable fire extinguishers.
(1) A description of the components Each operator of a waterfront facil-
inspected or tested under § 127.1403 or ity handling LHG must provide port-
127.1407. able fire extinguishers of appropriate,
(2) The date and results of each in- number, size, and kind in the marine
spection or test under § 127.1403 or transfer area for LHG in accordance
127.1407. with NFPA 10.
(3) A description of any repair made
after the inspection or test. § 127.1505 Emergency response and
(4) The date and a description of each rescue.
alteration or major repair to the LHG (a) Each waterfront facility handling
transfer system or its valves. LHG must arrange for emergency re-
(b) The operator shall keep this infor- sponse and rescue pending the arrival
mation on file for at least 24 months of resources for firefighting or pollu-
after the inspection, test, alteration, or tion control. Response and rescue may
major repair. be performed by facility personnel or
by an off-site organization.
FIREFIGHTING EQUIPMENT (1) If response and rescue are per-
formed by facility personnel, appro-
§ 127.1501 General. priate training and equipment for per-
(a) The number, kind, and place of sonnel protection must be furnished to
equipment for fire detection, protec- those personnel. Training and equip-
tion, control, and extinguishment must ment that meets 29 CFR 1910.120, haz-
be determined by an evaluation based ardous-waste operations and emer-
upon sound principles of fire-protection gency response, will be appropriate.
engineering, analysis of local condi- (2) If response and rescue are per-
tions, hazards within the waterfront fa- formed by an off-site organization, the
cility handling LHG, and exposure to organization must enter into a written
other property. A description of the agreement with the facility indicating
number, kind, place, and use of fire the services it will perform and the
48
time within which it will perform them § 127.1511 International shore connec-
to injured or trapped personnel. tion.
(b) [Reserved] Each marine transfer area for LHG
that receives foreign flag vessels must
§ 127.1507 Water systems for fire pro-
have an international shore connection
tection.
meeting the requirements of ASTM F
(a) Each waterfront facility handling 1121 (incorporated by reference, see
LHG must have a supply of water and § 127.003).
a means for distributing and applying
[CGD 88–049, 60 FR 39796, Aug. 3, 1995, as
the water to protect personnel; to cool amended by USCG–2000–7223, 65 FR 40057,
storage tanks, equipment, piping, and June 29, 2000]
vessels; and to control unignited leaks
and spills in the marine transfer area FIRE PROTECTION
for LHG except when the evaluation re-
quired by § 127.1501(a) indicates other- § 127.1601 Smoking.
wise. The evaluation must address fire Each operator of a waterfront facil-
protection for structures, cargo, and ity handling LHG shall ensure that no
vessels. Each water system must in- person smokes in the marine transfer
clude on the pier or wharf at least one area for LHG unless—
21⁄2-inch supply line, one 21⁄2-inch fire (a) Neither flammable LHG nor its
hydrant, and enough 21⁄2-inch hose to vapors are present in the area; and
connect the hydrant to the vessel. (b) The person is in a place des-
(b) Each water system must fully and ignated and marked in accordance with
simultaneously supply, for at least 2 local law.
hours, all fixed fire-protection systems,
including monitor nozzles, at their de- § 127.1603 Hotwork.
signed flow and pressure for the worst Each operator of a waterfront facil-
single incident foreseeable, plus 63 L/s ity handling LHG shall ensure that no
(1000 gpm) for streams from hand-held person conducts welding, torch cutting,
hoses. or other hotwork on the facility, or on
a vessel moored to the facility, un-
§ 127.1509 Equipment for controlling less—
and extinguishing fires. (a) The COTP has issued a permit for
(a) Within each marine transfer area that hotwork; and
for LHG of each waterfront facility (b) The conditions of the permit are
handling LHG that transfers a flam- met.
mable LHG, portable or wheeled fire
extinguishers suitable for gas fires, § 127.1605 Other sources of ignition.
preferably dry chemical extinguishers, Each operator of a waterfront facil-
must be available at strategic sites, as ity handling LHG shall ensure that in
determined by the evaluation required the marine transfer area for LHG—
by § 127.1501(a). (a) There are no open fires or open
(b) Fixed systems for extinguishing flame lamps;
or controlling fires may be appropriate (b) Heating equipment will not ignite
for protection against particular haz- combustible material;
ards. The evaluation required by (c) Each chimney and appliance has a
§ 127.1501(a) may specify the use of one spark arrestor if it uses solid fuel or is
or more of the following fixed systems: located where sparks may ignite com-
(1) Low-, medium-, or high-expansion bustible material; and
foam. (d) All rubbish, debris, and waste go
(2) Dry chemicals. into appropriate receptacles.
(3) Water applied as deluge, spray, or [CGD 88–049, 60 FR 39796, Aug. 3, 1995, as
sprinkle. amended by CGD 97–023, 62 FR 33363, June 19,
(4) Carbon dioxide. 1997]

(5) Other NFPA approved fire extin-
guishing media. PART 128 [RESERVED]
49
SUBCHAPTER M—MARINE POLLUTION FINANCIAL
RESPONSIBILITY AND COMPENSATION
PART 133—OIL SPILL LIABILITY TRUST tional Pollution Funds Center or that
FUND; STATE ACCESS person’s authorized representative.
NPFC means the Director National
Sec. Pollution Funds Center, U.S. Coast
133.1 Purpose. Guard Stop 7605, 2703 Martin Luther
133.3 Definitions. King Jr. Avenue SE., Washington, DC
133.5 Requests: General. 20593–7605.
133.7 Requests: Amount. On-Scene Coordinator or OSC means
133.9 Requests: Where made. the Federal official predesignated by
133.11 Requests: Contents. the Environmental Protection Agency
133.13 Removal actions eligible for funding.
or the U.S. Coast Guard to direct and
133.15 Determination of eligibility for fund-
ing. coordinate all efforts for removal of a
133.17 Conduct of removal actions. discharge, or the mitigation or the pre-
133.19 Recordkeeping. vention of a substantial threat of a dis-
133.21 Records retention. charge, of oil.
133.23 Investigation to determine the source Removal action means an incident-
and responsible party. specific activity taken under this part
133.25 Notification of Governor’s designee. to contain or remove a discharge, or to
AUTHORITY: 33 U.S.C. 2712(a)(1)(B), 2712(d) mitigate or prevent a substantial
and 2712(e); Sec. 1512 of the Homeland Secu- threat of a discharge, of oil.
rity Act of 2002, Pub. L. 107–296, Title XV,
Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); [CGD 92–014, 57 FR 53969, Nov. 13, 1992, as
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. amended by USCG–2009–0416, 74 FR 27440,
351, as amended by E.O. 13286, 68 FR 10619, 3 June 10, 2009; USCG–2016–0498, 82 FR 35081,
CFR, 2004 Comp., p. 166; Department of July 28, 2017]
Homeland Security Delegation No. 0170.1.,
para. 2(80). § 133.5 Requests: General.
SOURCE: CGD 92–014, 57 FR 53969, Nov. 13, (a) Upon a request submitted in ac-
1992, unless otherwise noted. cordance with this part by the Gov-
ernor of a State or his or her des-
§ 133.1 Purpose. ignated State official, the OSC may ob-
This part prescribes procedures for tain a Federal Project Number (FPN)
the Governor of a State to request pay- and a ceiling not to exceed $250,000 per
ments from the Oil Spill Liability trust incident for removal costs. The re-
Fund (the Fund) for oil pollution removal costs must be for the immediate
moval costs under section 1012(d)(1) of removal of a discharge, or the mitiga-
the Oil Pollution Act of 1990 (the Act) tion or prevention of a substantial
(33 U.S.C. 2712(d)(1)). threat of a discharge, of oil.
(b) Before a request under this part is
§ 133.3 Definitions. made, the State official will ensure
(a) As used in this part, the following that the procedures in the National
terms have the same meaning as set Contingency Plan (40 CFR part 300) for
forth in section 1001 of the Act (33 notifying Federal authorities of the
U.S.C. 2701): ‘‘discharge’’, ‘‘exclusive discharge or threat of discharge have
economic zone’’, ‘‘Fund’’, ‘‘incident’’, been met.
‘‘National Contingency Plan’’, ‘‘navi- (c) The Federal Grant and Coopera-
gable waters’’, ‘‘oil’’, ‘‘remove’’, ‘‘re- tive Agreement Act of 1977 (31 U.S.C.
moval’’, ‘‘removal costs’’, ‘‘responsible 6301–6308), 2 CFR part 3000, 6 CFR part
party’’, ‘‘State’’, and ‘‘United States’’. 9, and 49 CFR parts 18 and 90, apply to
(b) As used in this part— Fund monies obligated for payment
Act means Title I of the Oil Pollution under this part.
Act of 1990 (33 U.S.C. 2701 through 2719). [CGD 92–014, 57 FR 53969, Nov. 13, 1992, as
Director, NPFC, means the person in amended by USCG–2013–0397, 78 FR 39175,
charge of the U.S. Coast Guard Na- July 1, 2013]
50
§ 133.7 Requests: Amount. navigable waters or adjoining shore-

lines.
(a) The amount of funds that may be
(b) Must comply with the National
requested under this part—
Contingency Plan.
(1) Is limited to the amount antici-
(c) Must be an immediate removal
pated for immediate removal action for
action.
a single oil pollution incident, but, in
any event, may not exceed $250,000 per § 133.15 Determination of eligibility
incident; for funding.
(2) Must be for removal costs con- Upon receipt of the information
sistent with the National Contingency under § 133.11 and, if necessary, from
Plan; and other sources determined to be appro-
(3) Must be reasonable for the re- priate at his or her discretion, the OSC
moval actions proposed, considering will determine whether the proposed
such factors as quantity and composi- removal actions meet the requirements
tion of the oil, weather conditions and of § 133.13. If necessary, the OSC may
customary costs of similar services in seek further clarification of the pro-
the locale. posed actions from the State official.
(b) The funds requested are obligated The OSC shall expeditiously notify the
only to the extent they are determined State official and the Director, NPFC,
to be for immediate removal actions of his or her decision.
which are reasonable and otherwise eli-
gible for payment under this part. § 133.17 Conduct of removal actions.
§ 133.9 Requests: Where made. Removal actions funded under this
part must be coordinated with the OSC
Requests for access to the Fund and conducted in accordance with the
under § 133.5 must be made by tele- National Contingency Plan.
phone or other rapid means to the OSC.
§ 133.19 Recordkeeping.
§ 133.11 Request: Contents.
(a) The State official shall maintain
In making a request for access to the detailed records of expenditures made
Fund, the person making the request from the funds provided under this
shall— part, including records of—
(a) Indicate that the request is a (1) Daily expenditures for each indi-
State access request under 33 CFR part vidual worker, giving the individual’s
133; name, title or position, activity per-
(b) Give his or her name, title, deformed, time on task, salary or hourly
partment, and State; rate, travel costs, per diem, out-of-
(c) Describe the incident in sufficient pocket or extraordinary expenses, and
detail to allow a determination of ju- whether the individual is normally
risdiction, including at a minimum the available for oil spill removal;
date of the occurrence, type of product (2) Equipment purchased or rented
discharged, estimated quantity of the each day, with the daily or hourly rate;
discharge, body of water involved, and (3) Miscellaneous materials and
proposed removal actions for which expendables purchased each day; and
funds are being requested under this (4) Daily contractor or consultant
part; and fees, including costs for their personnel
(d) Indicate the amount of funds and contractor-owned or rented equip-
being requested. ment, as well as that of any subcon-
tractor.
§ 133.13 Removal actions eligible for (b) The State official shall submit a
funding. copy of these records and a summary
To be eligible for funding under this document stating the total of all ex-
part, each removal action must meet penditures made to the NPFC official
the following: specified in § 133.25(c) within thirty
(a) Must be for an incident, occurring days after completion of the removal
after August 18, 1990, which resulted in actions. A copy of these documents
a discharge, or the substantial threat shall also be submitted to the cog-
of a discharge, of oil into or upon the nizant OSC.
51
§ 133.21 33 CFR Ch. I (7–1–20 Edition)
(c) Upon request of the OSC or the tion Funds Center, U.S. Coast Guard
NPFC, the State official shall make Stop 7605, 2703 Martin Luther King Jr.
the original records available for in- Avenue SE., Washington, DC 20593–7605.
spection.
[CGD 92–014, 57 FR 53969, Nov. 13, 1992, as
(d) If, after inspecting the records, amended by USCG–2009–0416, 74 FR 27440,
the Director, NPFC, determines that June 10, 2009; USCG–2016–0498, 82 FR 35081,
expenditures by a State official from July 28, 2017]
funds obligated under this part were
not eligible for funding under this part PART 135—OFFSHORE OIL
and the expenditures were not made
with the good faith understanding that
POLLUTION COMPENSATION FUND
they were eligible under this part, the
Subpart A—General
Director, NPFC, may seek reimburse-
ment to the Fund from the State. Sec.
135.1 Purpose.
§ 133.21 Records retention. 135.3 Applicability.
(a) The State official shall maintain 135.5 Definitions.
135.7 Delegation—Fund Administrator.
all records for ten years following com-
135.9 Fund address.
pletion of the removal actions.
(b) If any litigation, claim, negotia- Subpart B—Levy of Fees
tion, audit, cost recovery, or other ac-
tion involving the records has been 135.101 Purpose.
started before the expiration of the 135.103 Levy and payment of barrel fee on
ten-year period, the records must be re- OCS oil.
tained until completion of the action Subpart C—Financial Responsibility for
and resolution of all issues which arise Offshore Facilities
from it, or until the end of the regular
ten-year period, whichever is later. 135.201 Applicability.
135.203 Amount required.
§ 133.23 Investigation to determine the 135.204 Submission of evidence.
source and responsible party. 135.205 Methods of establishing.
135.207 Insurance as evidence.
(a) The State official shall promptly
135.209 Guaranty as evidence.
make a thorough investigation to de- 135.210 Indemnity as evidence.
termine the source of the incident and 135.211 Surety bond as evidence.
the responsible party. 135.213 Qualification as self-insurer.
(b) Upon completion of the investiga- 135.215 Certification.
tion, the State official shall forward 135.219 Notification of changes affecting
the results of the investigation and certification.
copies of the supporting evidence iden- 135.221 Reapplication for certification.
tifying the source and the responsible 135.223 Certificates, denial or revocation.
party to both the cognizant OSC and
Subpart D—Notification of Pollution
the NPFC official specified in
Incidents
§ 133.25(c).
135.303 Definitions.
§ 133.25 Notification of Governor’s des- 135.305 Notification procedures.
ignee. 135.307 Notification contents.
(a) If the Governor of a State antici-
pates the need to access the Fund Subpart E—Access, Denial, and Detention
under this part, he or she must advise 135.401 Access to vessel, Certificates of Fi-
the NPFC in writing of the specific in- nancial Responsibility.
dividual who is designated to make re- 135.403 Sanctions for failure to produce ves-
quests under this part. sel Certificates of Financial Responsi-
(b) This designation must include the bility.
individual’s name, address, telephone 135.405 Appeal provisions.
number, and title or capacity in which AUTHORITY: 33 U.S.C. 2701–2719; E.O. 12777,
employed. 56 FR 54757; Department of Homeland Secu-
(c) The information required by para- rity Delegation No. 0170.1, para. 2(80).
graph (b) of this section must be for- SOURCE: CGD 77–055, 44 FR 16868, Mar. 19,
warded to the Director National Pollu- 1979, unless otherwise noted.
52
Subpart A—General (3) Commandant means the Com-

mandant of the Coast Guard or that
§ 135.1 Purpose. person’s authorized representative.
(a) This part prescribes the policies, (4) District Commander means the
procedures, and administrative prac- Coast Guard officer commanding a
tices regarding offshore oil pollution li- Coast Guard District described in part
ability and compensation, including 3 of this chapter, or that person’s au-
the administration and general oper- thorized representative.
ation of the fund established under (5) Fund Administrator means the per-
Title III of the Outer Continental Shelf son to whom the authority and func-
Lands Act Amendments of 1978 (Pub. L. tions of the Commandant as adminis-
95–372, 43 U.S.C. 1811 et. seq.). trator of the Fund are delegated.
(6) Oil means petroleum, including
§ 135.3 Applicability. crude oil or any fraction or residue
(a) This part applies to each person therefrom and natural gas condensate,
who: except that the term does not include
(1) Owns oil obtained from the Outer natural gas.
Continental Shelf when the oil in pro- (7) Outer Continental Shelf or OCS
duced; means ‘‘outer Continental Shelf’’ as de-
(2) Owns, operates, or is the guar- fined in section 2(a) of the Outer Conti-
antor of the owner or operator of any nental Shelf Lands Act (43
vessel; U.S.C.1331(a)).
(3) Owns, operates, or is the guar-
antor of the owner or operator of any § 135.7 Delegation—Fund Adminis-
offshore facility; trator.
(4) Sustains an economic loss as a (a) The Fund Administrator is dele-
consequence of oil pollution arising gated authority to perform those func-
from Outer Continental Shelf activi- tions assigned or delegated to the Sec-
ties; or retary of Transportation under the Act
(5) Otherwise has responsibilities not reserved by the Secretary of Trans-
under Title III of the Act and the regu- portation or the Commandant.
lations in this part. (b) The Fund Administrator may re-
delegate and authorize successive re-
§ 135.5 Definitions. delegations of the authority granted in
(a) As used in this part, the following paragraph (a) of this section within the
terms shall have the same meaning as command under which that person has
defined in section 301 of Title III of the jurisdiction or to members of the Fund
Outer Continental Shelf Lands Act staff.
Amendments of 1978 (Pub. L. 95–372):
‘‘barrel’’; ‘‘claim’’; ‘‘discharge’’; ‘‘facil- § 135.9 Fund address.
ity’’; ‘‘Fund’’; ‘‘guarantor’’; ‘‘incident’’;
The address to which correspondence
‘‘offshore facility’’; ‘‘oil pollution’’;
relating to the Coast Guard’s adminis-
‘‘operator’’; ‘‘owner’’; ‘‘person’’; ‘‘per-
tration of the Fund should be directed
son in charge’’; ‘‘public vessel’’; and
‘‘vessel’’. is: Director National Pollution Funds
Center, U.S. Coast Guard Stop 7605,
(b) As used in this part:
2703 Martin Luther King Jr. Avenue
(1) Act means Title III of the Outer
SE., Washington, DC 20593–7605.
Continental Shelf Lands Act Amend-
ments of 1978 (Pub. L. 95–372), entitled [CGD 86–032, 52 FR 23175, June 18, 1987, as
‘‘Offshore Oil Spill Pollution Fund’’. amended by CGD 88–052, 53 FR 25120, July 1,
(2) Captain of the Port means a Coast 1988; USCG–1998–3799, 63 FR 35530, June 30,
Guard officer designated as Captain of 1998; USCG–2009–0416, 74 FR 27440, June 10,
the Port for the areas described in part 2009; USCG–2016–0498, 82 FR 35081, July 28,
3 of this chapter, or that person’s au- 2017]
thorized representative or, where there

is no Captain of the Port area, the Dis-
trict Commander.
53
§ 135.101 33 CFR Ch. I (7–1–20 Edition)
Subpart B—Levy of Fees are physically connected, located up-

stream of the point of custody transfer,
§ 135.101 Purpose. within the same oil field, and under
(a) The purpose of this subpart is to one ownership.
state the general requirements con- (2) If separate parts of a structure,
cerning the levy of fees. including platforms and pipelines, are
owned separately, each part having
§ 135.103 Levy and payment of barrel common ownership is considered a sep-
fee on OCS oil. arate offshore facility.
(a) A fee of $.03 per barrel is levied on (3) A mobile offshore drilling unit is
all oil produced on the OCS and is im- considered an offshore facility from the
posed upon the owner of the oil when moment a drill shaft or other device
such oil is produced. connected to the unit first touches the
(b) The owner of oil obtained from seabed or connects to a well for the
the OCS shall, for the purpose of com- purposes of exploration, development,
puting the barrel fee levied in para- or production of oil until drilling is
graph (a) of this section, measure OCS completed and the unit is no longer at-
oil production by employing the meth- tached to the well or drill hole by any
ods and criteria of the Bureau of Ocean device.
Energy Management, Regulation and (4) A mobile offshore drilling unit
Enforcement contained in 30 CFR considered an offshore facility under
250.180. paragraph (b)(3) of this section remains
(c) The barrel fee levied in paragraph a separate facility when physically
(a) of this section applies whenever the connected to another offshore facility,
unobligated Fund balance is less than unless both are under one ownership.
$200,000,000. (5) All segments of a common carrier
(d) Payment of the fee levied in para- pipeline from the point of custody
graph (a) of this section is made in ac- transfer to the shore, including any
cordance with the fee collection regu- pumping or booster stations, which are
lations of the IRS at 26 CFR part 301, under one ownership are considered a
§ 301.9001. Federal government entitle- single offshore facility.
ment to royalty oil does not constitute (6) Any pipeline, which is under one
ownership of oil at time of production. ownership, between two offshore facili-
The Fund Administrator advises the ties, or between an offshore facility
IRS when the unobligated Fund bal- and the shore, is considered a single
ance requires starting or stopping the offshore facility.
collection of the barrel fee levied in (7) Offshore facilities which drill for,
this section, so the IRS may provide produce, or process only natural gas
appropriate notice to affected owners are not subject to this subpart unless
of OCS oil. the facilities have the capacity to
transport, store, or otherwise handle
[CGD 88–050, 53 FR 52997, Dec. 30, 1988, as more than 1,000 barrels of condensate
amended by CGD 90–005, 55 FR 17268, Apr. 24,
at any one time.
1990; USCG–2011–0257, 76 FR 31837, June 2,
2011] NOTE: Regulations governing financial
responsiblity and certification for vessels are
promulgated by the Federal Maritime Com-
Subpart C—Financial Responsi- mission.
bility for Offshore Facilities
§ 135.203 Amount required.
§ 135.201 Applicability. (a) Each facility that is used for drill-
(a) This subpart applies to the owner ing for, producing, or processing oil, or
or operator of each offshore facility re- which has the capacity to transport,
quired by the Act to establish and store, transfer, or otherwise handle
maintain evidence of financial respon- more than one thousand barrels of oil
sibility. at any one time must be covered by
(b) For the purpose of this subpart: evidence of financial responsibility
(1) All structures, including plat- submitted by or on behalf of the owner

forms, wells, and pipelines, are consid- or operator of the facility, in the
ered a single offshore facility if they amount of $35,000,000.
54
(b) Evidence of financial responsi- (3) Indemnity;

bility established and maintained by a (4) Surety bond; or
person who owns or operates more than (5) Qualification as self-insurer.
one facility, or who has an interest in (b) The Fund Administrator will ac-
the ownership or operation of more cept alternative evidence of financial
than one facility, may be applied by responsibility if, in the Fund Adminis-
that person towards establishing and trator’s opinion, it establishes an
maintaining the required evidence of equivalent degree of financial responsi-
financial responsibility for each facil- bility for the purposes of this subpart.
ity in which that person has an inter-
est, if the evidence is available to sat- § 135.207 Insurance as evidence.
isfy liabilities arising out of incidents (a) Insurance filed with the Fund Ad-
involving those facilities. ministrator as evidence of financial re-
sponsibility shall be issued by an in-
§ 135.204 Submission of evidence. surer that is acceptable to the Fund
(a) Where the offshore facility is Administrator. Those insurers may in-
owned and operated solely by one per- clude domestic and foreign insurance
son, that person must establish and companies, corporations or associa-
maintain evidence of financial respon- tions of individual insurers, protection
sibility covering the facility. and indemnity associations, or other
(b) Where the offshore facility is persons acceptable to the Fund Admin-
owned in its entirety by one person and istrator.
operated solely by another person, evi- (b) An insurer must:
dence of financial responsibility cov- (1) Agree to be sued directly, within
ering the facility must be established the limits of the policy coverage, by
and maintained by either the owner or any person for claims under the Act
the operator, or, in consolidated form, against the owner or operator; and
by both the owner and operator. (2) Designate an agent in the United
(c) Where the offshore facility is States for service of process.
owned or operated by more than one (c) Insurance as evidence of financial
person, evidence of financial responsi- responsibility must indicate the effec-
bility covering the facility must be es- tive date in the endorsement on the ap-
tablished and maintained by any one of plication for Certificate of Financial
the owners or operators, or, in consoli- Responsibility, and must remain in
dated form, by or on behalf of two or force until the date of termination in-
more owners or operators. dicated in the endorsement or until—
(d) When evidence of financial re- (1) 30 days after mailing, by certified
sponsibility is established in a consoli- mail, to the Fund Administrator, and
dated form, the proportional share of the person insured, notification of in-
each participant must be shown. The tent to cancel; or
evidence must be accompanied by a (2) Other evidence of financial re-
statement authorizing the applicant to sponsibility acceptable to the Fund Ad-
act for and in behalf of each partici- ministrator has been established; or
pant in submitting and maintaining (3) The facility to which the insur-
the evidence of financial responsibility. ance applies ceases to be a facility
(e) Each owner and operator of a fa- under § 135.201(b).
cility is subject to the penalty provided (d) Termination of insurance cov-
by section 312(a) of the Act if evidence erage shall not affect the liability of
of financial responsibility is not estab- the insurer for an incident occurring
lished and maintained for that facility. before the effective date of termi-
nation.
§ 135.205 Methods of establishing. (e) Confirmation of insurance may be
(a) Evidence of financial responsi- accepted from an insurance broker that
bility may be established by any one, is acceptable to the Fund Adminis-
or any combination acceptable to the trator, subject to the Fund Adminis-
Fund Administrator, of the following trator’s approval of the individual un-
methods: derwriters, in lieu of their signature on

(1) Insurance; an application, provided the confirma-
(2) Guaranty; tion:
55
§ 135.209 33 CFR Ch. I (7–1–20 Edition)
(1) States the insurance covers liabil- § 135.210 Indemnity as evidence.

ities under the Act; (a) An indemnitor must:
(2) Sets forth the limit and deduct- (1) Agree to be sued directly, within
ible; the limits of the contract coverage, by
(3) Provides for direct action against any person for claims under the Act
the individual underwriters to the ex- against the owner or operator to the
tent of their contracts; extent of the indemnity coverage; and
(4) Names the underwriters and per- (2) Designate an agent in the United
centages of the limit accepted by each; States for service of process.
(5) States that the underwriters (b) Indemnity filed as evidence of fi-
agree to give prior written notice of nancial responsibility must be accom-
cancellation or change to the Fund Ad- panied by the same proof of the
ministrator as required in paragraph indemnitor’s financial responsibility as
(c) of this section; and this subpart would require of the owner
(6) States that the notice indicated in or operator; i.e., insurance, surety
paragraph (e)(5) of this section will not bond, self-insurance; or other accept-
affect the underwriter’s liability for in- able methods.
cidents occurring before the effective (c) An indemnity as evidence of fi-
date of cancellation. nancial responsibility must indicate
the effective date in the endorsement
§ 135.209 Guaranty as evidence. on the application for Certificate of Fi-
(a) Guarantors must: nancial Responsibility, and must re-
main in force until the date of termi-
(1) Agree to be sued directly, within
nation indicated in the endorsement or
the limits the guaranty, by any person
until—
for claims under the Act against the
(1) 30 days after mailing, by certified
owner or operator; and
mail, to the Fund Administrator, and
(2) Designate an agent in the United
the person indemnified, notification of
States for service of process.
intent to cancel; or
(b) Guaranties filed as evidence of fi- (2) Other evidence of financial re-
nancial responsibility must be accom- sponsibility acceptable to the Fund Ad-
panied by the same proof that the ministrator has been established; or
Guarantor is financially responsible as (3) The facility to which the indem-
this subpart would require of the owner nity applies ceases to be a facility
or operator; i.e., insurance, surety under § 135.201(b).
bond, self-insurance, or other accept- (d) Termination of an indemnity
able methods. shall not affect the liability of the
(c) A guaranty as evidence of finan- indemnitor for an incident occurring
cial responsibility must indicate the before the effective date of termi-
effective date in the endorsement on nation.
the application for Certificate of Fi-
nancial Responsibility, and must re- § 135.211 Surety bond as evidence.
main in force until the date of termi- (a) Each surety bond filed with the
nation indicated in the endorsement or Fund Administrator as evidence of fi-
until: nancial responsibility shall be issued
(1) 30 days after mailing, by certified by a bonding company that:
mail, to the Fund Administrator, and (1) Is authorized to do business in the
the person guarantied, notification of United States;
intent to cancel; or (2) Is licensed to do business in the
(2) Other evidence of financial re- state or territory in which the bond is
sponsibility acceptable to the Fund Ad- executed;
ministrator has been established; or (3) Is certified by the Department of
(3) The facility to which the guar- the Treasury with respect to the
anty applies ceases to be a facility issuance of Federal bonds in the penal
under § 135.201(b). sum of the bond; and
(d) Termination of the guaranty shall (4) Designates an agent in the United
not affect the liability of the guarantor States for service of process.
for an incident occurring before the ef- (b) The bonding company must agree
fective date of termination. to be sued directly, within the limits of
56
the surety bond, by any person for are prepared in consolidated form and
claims under the Act against the owner the liability represents less than the
or operator. full financial backing of the consoli-
(c) A surety bond as evidence of fi- dated entity, otherwise they may be
nancial responsibility must indicate prepared and submitted by the Treas-
the effective date in the endorsement urer or equivalent official.
on the application for Certificate of Fi- (c) If the self-insurer files a Securi-
nancial Responsibility, and must re- ties and Exchange Commission Form
main in force until the date of termi- 10–K report, a copy of the self-insurer’s
nation indicated in the endorsement or most recent 10–K report must be filed
until: with the Fund Administrator within
(1) 30 days after mailing, by certified 120 days after the end of the fiscal year
mail, to the Fund Administrator, and to which it relates, in addition to filing
the person bonded, notification of in- the most recent 10–K report with the
tent to cancel; or initial application.
(2) Other evidence of financial re- (d) Each self-insurer must file annu-
sponsibility acceptable to the Fund Ad- ally with the Fund Administrator, cop-
ministrator has been established; or ies of documents required under para-
(3) The facility to which the surety graph (a) of this section, within 120
bond applies ceases to be a facility days after the close of the self-insurer’s
under § 135.201(b). fiscal accounting period. If a self-in-
(d) Termination of the surety bond surer files a 10–K report with the Fund
shall not affect the liability of the sur- Administrator under paragraph (c) of
ety for an incident occurring before the this section which contains some of the
effective date of termination. financial statements required in para-
§ 135.213 Qualification as self-insurer. graph (a), a separate filing of those spe-
cific statements need not be made.
(a) Qualification for self insurance
must be supported by a copy of the § 135.215 Certification.
self-insurer’s current balance sheet, in-
come statement, and statement of (a) Applicants shall:
changes in financial position that are (1) If the facility is in existence be-
certified by an independent Certified fore September 17, 1979, apply for a Cer-
Public Accountant and must be accom- tificate of Financial Responsibility be-
panied by either: fore September 17, 1979.
(1) An additional statement con- (2) If the offshore facility is not in ex-
firming that the self-insurer’s current istence on September 17, 1979, apply for
U.S. assets, including those of consoli- a Certificate of Financial Responsi-
dated subsidiaries held in the U.S., not bility at least 45 days before placing
including pledged assets or stock not the offshore facility into operation or
publicly traded, exceed the current coverage becomes effective.
U.S. liabilities, and the self-insurers (3) If submitting an application to in-
net worth exceeds the amount of the clude an additional facility under pre-
requested self-insurance; or viously established evidence of finan-
(2) A statement, based on an analysis cial responsibility, apply for a Certifi-
of the self-insurer’s financial position, cate of Financial Responsibility as
which shows that sufficient assets or early as possible before the anticipated
cash flow, other than which might be date of desired coverage.
damaged as a result of a pollution inci- (b) Each application for a Certificate
dent, are available which may be liq- of Financial Responsibility must be
uidated to provide the funds necessary made on a Coast Guard prescribed Ap-
to retire a claim for the amount of the plication for Certificate of Financial
self-insurance without placing the self- Responsibility form, available from the
insurer in an insolvent position. Fund Administrator or any Coast
(b) The statements required by para- Guard District Office. This form must
graphs (a) (1) and (2) of this section be submitted for each facility; how-
must be prepared and submitted by the ever, if evidence of financial responsi-

involved Certified Public Accountant bility has been previously established
when the required financial statements in an amount sufficient to meet
57
§ 135.219 33 CFR Ch. I (7–1–20 Edition)
§ 135.203 (a), no additional evidence need cate must be immediately submitted to

be submitted with the application. the Fund Administrator in accordance
(c) Each application form submitted with § 135.204.
under this section must be signed by
the applicant. A written statement § 135.223 Certificates, denial or revoca-
proving authority to sign must also be tion.
submitted where the signer is not dis- (a) A certificate may be denied or re-
closed as an individual (sole proprietor) voked for any of the following reasons:
applicant, a partner in a partnership (1) Making any willfully false state-
applicant, or a director or other officer ment to the Fund Administrator in
of a corporate applicant. connection with establishing or main-
(d) Financial data or other informa- taining evidence of financial responsi-
tion submitted under this section that bility.
is proprietary in nature, or constitutes (2) Failure of an applicant or
a trade secret, must be clearly des- certificant to establish or maintain
ignated as such to insure confidential evidence of financial responsibility as
treatment by the Fund Administrator, required by the regulations in this sub-
under 5 U.S.C. 552, the Freedom of In- part.
formation Act, which provides for ex- (3) Failure to comply with or respond
emption from disclosure of trade secret to inquiries, regulations, or orders of
data. the Fund Administrator concerning es-
(e) If any of the information sub- tablishing or maintaining evidence of
mitted for certification is determined financial responsibility.
by the Fund Administrator to be insuf- (4) Failure to timely file the reports
ficient the Fund Administrator may re- or documents required by § 135.213 (c)
quire additional information before and (d).
final consideration of the application. (5) Cancellation or termination of
(f) Certificates, as issued, are to be any insurance policy, surety bond, in-
considered property of the U.S. Govern- demnity, or guaranty issued under this
ment, are not to be altered in any man- subpart or modification thereto which
ner, and must be surrendered on de- reduces the financial capacity of the
mand when revoked in accordance with applicant or certificant to meet the re-
§ 135.223 of this subpart. quirements of this subpart, unless sub-
(g) Applicants shall obtain a Certifi- stitute evidence of financial responsi-
cate of Financial Responsibility for bility has been submitted to and ac-
each facility. cepted by the Fund Administrator.
(b) Denial or revocation of a certifi-
§ 135.219 Notification of changes af- cate shall be immediate and without
fecting certification. prior notice in a case where the appli-
(a) Each owner, operator, or guar- cant or certificant:
antor of an offshore facility shall with- (1) Is no longer the owner or operator
in ten days notify the Fund Adminis- of the offshore facility in question;
trator in writing when any changes (2) Fails to furnish acceptable evi-
occur which prevent the owner, oper- dence of financial responsibility in sup-
ator, or guarantor, from meeting the port of an application; or
obligations for which a Certificate of (3) Permits the cancellation or termi-
Financial Responsibility has been nation of the insurance policy, surety
issued. bond, indemnity, or guaranty upon
(b) Based on notice of a change in fi- which the continued validity of the
nancial capability under paragraph (a) certificate is based.
of this section, the Fund Administrator (c) In any other case, before the de-
may revoke a Certificate of Financial nial or revocation of a certificate, the
Responsibility. Fund Administrator advises the appli-
cant or certificant, in writing, of the
§ 135.221 Reapplication for certifi- intention to deny or revoke the certifi-
cation. cate, and shall state the reason there-
(a) If a Certificate of Financial Re- for.

sponsibility becomes invalid for any (d) If the reason for an intended rev-
reason, an application for a new certifi- ocation is failure to file the reports or
58
documents required by § 135.213 (c) and system; fire, explosion or other events
(d) the revocation shall be effective 10 which may cause structural damage to
days after the date of receipt of the no- a vessel or offshore facility.
tice of intention to revoke, unless the
[CGD 77–055, 44 FR 16868, Mar. 19, 1979, as
certificant shall, before revocation, amended by CGD 91–035, 57 FR 36316, Aug. 12,
submit the required material or dem- 1992]
onstrate that the required material
was timely filed. § 135.305 Notification procedures.
(e) If the intended denial or revoca- (a) The person in charge of a vessel or
tion is based upon one of the reasons in offshore facility that is involved in an
paragraph (a)(1) or (a)(3) of this sec- incident, including occurrences which
tion, the applicant or certificant may pose an imminent threat of oil pollu-
request, in writing, a hearing to show tion shall, as soon as that person has
that the applicant or certificant is in
knowledge of the incident, imme-
compliance with this subpart. If the ap-
diately notify by telephone, radio tele-
plicant or certificant fails to file a
communication or a similar rapid
timely request for a hearing, the denial
means of communication, in the fol-
or revocation is effective 10 days after
lowing order of preference:
receipt of the notice.
(1) (Within or offshore of the 48 con-
(f) If a request for a hearing under
tiguous States only) Commandant (CG–
paragraph (e) of this section is received
MER–3), Attn: Industry and Inter-
by the Fund Administrator within 10
agency Coordination Division, U.S.
days after the date of receipt of a no-
tice of intention to deny or revoke, the Coast Guard Stop 7516, 2703 Martin Lu-
Fund Administrator grants a hearing ther King Jr. Avenue SE., Washington,
and notifies the requesting party of the DC 20593–7516, toll free telephone number:
date, time, and location of the hearing. 800–424–8802, direct telephone: 202–267–
If a requesting party fails to enter an 2675, or Fax: 202–267–1322; or
appearance at the scheduled hearing, (2) The commanding officer or super-
or in lieu thereof fails to submit writ- visor of any Coast Guard Sector Office,
ten evidence for the consideration of Captain of the Port Office, Marine
the hearing official, denial or revoca- Safety Unit or Port Safety Detachment
tion is effective as of the scheduled in the vicinity of the incident; or
date and time of the hearing, unless an (3) The commanding officer or officer
extension of time is granted by the in charge of any other Coast Guard
Fund Administrator for good cause unit in the vicinity of the incident; or
shown. (4) The Commander of any Coast
(g) Hearings under this section are Guard District.
informal and are conducted by an offi- (b) Notification given in accordance
cial designated by the Fund Adminis- with this subpart constitutes fulfill-
trator. The official conducting the ment of the requirements of subpart B
hearing considers all relevant material of 33 CFR Part 153 concerning Notice of
submitted and makes recommenda- the Discharge of Oil.
tions to the Fund Administrator. [CGD 77–055, 44 FR 16868, Mar. 19, 1979, as
(h) The Fund Administrator’s deci- amended by USCG–1998–3799, 63 FR 35530,
sion is final agency action. June 30, 1998; USCG–2006–25150, 71 FR 39209,
July 12, 2006; USCG–2006–25556, 72 FR 36328,
July 2, 2007; USCG–2008–0179, 73 FR 35013,
Subpart D—Notification of June 19, 2008; USCG–2010–0351, 75 FR 36283,
Pollution Incidents June 25, 2010; USCG–2014–0410, 79 FR 38434,
July 7, 2014]
As used in this subpart: § 135.307 Notification contents.
Occurrences which pose an imminent (a) In each notification provided
threat of oil pollution means those inci- under § 135.305, the person in charge of
dents that are likely to result in a dis- the vessel or offshore facility involved
charge of oil and include, but are not in the incident shall provide his or her
limited to: vessel collisions, grounding name and telephone number, or radio
or stranding; structural failure in a call sign, and, to the extent known,
tank, pipeline or other oil handling the:
59
§ 135.401 33 CFR Ch. I (7–1–20 Edition)
(1) Location, date and time of the in- (c) A detention order detains any ves-
cident; sel subject to the Act at the port or
(2) Quantity of oil involved; place in the United States from which
(3) Cause of the incident; it is about to depart for any other port
(4) Name or other identification of or place in the United States.
the vessel or offshore facility involved; (d) The Captain of the Port termi-
(5) Size and color of any slick or nates a denial or detention order when
sheen and the direction of movement; the owner, operator, agent, or master
(6) Observed on scene weather condi- of a vessel furnishes adequate evidence
tions, including wind speed and direc-
that the certification of financial re-
tion, height and direction of seas, and
sponsibility requirements under the
any tidal or current influence present;
Act have been met.
(7) Actions taken or contemplated to
secure the source or contain and re- § 135.405 Appeal provisions.
move or otherwise control the dis-
charged oil; (a) The owner, operator, agent or
(8) Extent of any injuries or other master of a vessel issued a denial or de-
damages incurred as a result of the intention order under this subpart may
cident; petition the District Commander in
(9) Observed damage to living natural any manner to review that order.
resources; and (b) Upon completion of review, the
(10) Any other information deemed District Commander affirms, sets
relevant by the reporting party or re- aside, or modifies the order.
quested by the person receiving the no- (c) Unless otherwise determined by
tification. the District Commander a denial or de-
(b) The person giving notification of tention order remains in effect pending
an incident must not delay notification the outcome of any petition or appeal
to gather all required information and of that order.
must provide any information not im- (d) The District Commander acts on
mediately available when it becomes all petitions or appeals within 10 days
known.
of receipt.
(e) The decision of the District Com-
Subpart E—Access, Denial, and mander is final agency action.
Detention
§ 135.401 Access to vessel, Certificates PART 136—OIL SPILL LIABILITY TRUST
of Financial Responsibility. FUND; CLAIMS PROCEDURES;
(a) The owner, operator, master or DESIGNATION OF SOURCE; AND
agent of any vessel subject to the Act ADVERTISEMENT
shall, upon request by any Coast Guard
officer or petty officer, permit access Subpart A—General
to the vessel and produce for examina-
tion the Certificate of Financial Re- Sec.
sponsibility. 136.1 Purpose and applicability.
136.3 Information.
§ 135.403 Sanctions for failure to 136.5 Definitions.
produce vessel Certificates of Fi- 136.7 Foreign claimants.
nancial Responsibility. 136.9 Falsification of claims.
(a) The Captain of the Port issues de-
nial or detention orders to the owner, Subpart B—General Procedure
operator, agent, or master of any ves- 136.101 Time limitations on claims.
sel that cannot show upon request a 136.103 Order of presentment.
valid Certificate of Financial Responsi- 136.105 General requirements for a claim.
bility issued under the Act. 136.107 Subrogated claims.
(b) A denial order forbids entry of 136.109 Removal costs and multiple items of
any vessel subject to the Act to any damages.
port or place in the United States or to 136.111 Insurance.

the navigable waters of the United 136.113 Other compensation.
States. 136.115 Settlement and notice to claimant.
60
Subpart C—Procedures for Particular Subpart A—General

Claims
§ 136.1 Purpose and applicability.
REMOVAL COSTS
136.201 Authorized claimants. (a) This part prescribes regulations
136.203 Proof. for—
136.205 Compensation allowable. (1) Presentation, filing, processing,
settlement, and adjudication of claims
NATURAL RESOURCES
authorized to be presented to the Oil
136.207 Authorized claimants. Spill Liability Trust Fund (the Fund)
136.209 Proof. under section 1013 of the Oil Pollution
136.211 Compensation allowable.
Act of 1990 (the Act) (33 U.S.C. 2713) for
REAL OR PERSONAL PROPERTY certain uncompensated removal costs
136.213 Authorized claimants.
or uncompensated damages resulting
136.215 Proof. from the discharge, or substantial
136.217 Compensation allowable. threat of discharge, of oil from a vessel
or facility into or upon the navigable
SUBSISTENCE USE waters, adjoining shorelines, or the ex-
136.219 Authorized claimants. clusive economic zone;
136.221 Proof. (2) Designation of the source of the
136.223 Compensation allowable. incident, notification to the respon-
GOVERNMENT REVENUES sible party of the designation, and ad-
vertisement of the designation and
136.225 Authorized claimants.
136.227 Proof. claims procedures; and
136.229 Compensation allowable. (3) Other related matters.
(b) This part applies to claims result-
PROFITS AND EARNING CAPACITY
ing from incidents occurring after Au-
136.231 Authorized claimants. gust 18, 1990.
136.233 Proof. (c) Nothing in this part—
136.235 Compensation allowable.
(1) Preempts the authority of any
GOVERNMENT PUBLIC SERVICES State or political subdivision thereof
136.237 Authorized claimants. from imposing any additional liability
136.239 Proof. or requirements with respect to—
136.241 Compensation allowable. (i) The discharge of oil or other pollu-
tion by oil within such State; or
Subpart D—Designation of Source and (ii) Any removal activities in connec-
Advertisement tion with such a discharge; or
GENERAL (2) Affects or modifies in any way the
136.301 Purpose.
obligations or liabilities of any person
136.303 Definitions. under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) or State law, includ-
DESIGNATION OF SOURCE ing common law; or
136.305 Notice of designation. (3) Affects the authority of any
136.307 Denial of designation. State—
ADVERTISEMENT (i) To establish, or to continue in ef-
fect, a fund any purpose of which is to
136.309 Advertisement determinations. pay for costs or damages arising out of,
136.311 Types of advertisement.
136.313 Content of advertisement.
or directly resulting from, oil pollution
or the substantial threat of oil pollu-
AUTHORITY: 33 U.S.C. 2713(e) and 2714; Sec. tion; or
1512 of the Homeland Security Act of 2002,
Pub. L. 107–296, Title XV, Nov. 25, 2002, 116
(ii) To require any person to con-
Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR tribute to such a fund; or
54757, 3 CFR, 1991 Comp., p. 351, as amended (4) Affects the authority of the
by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., United States or any State or political
p.166; Department of Homeland Security Del- subdivision thereof to impose addi-
egation No. 0170.1, para. 2(80). tional liability or additional require-

SOURCE: CGD 91–035, 57 FR 36316, Aug. 12, ments relating to a discharge, or sub-
1992, unless otherwise noted. stantial threat of a discharge, of oil.
61
§ 136.3 33 CFR Ch. I (7–1–20 Edition)
§ 136.3 Information. § 136.9 Falsification of claims.

Anyone desiring to file a claim Persons submitting false claims or
against the Fund may obtain general making false statements in connection
information on the procedure for filing with claims under this part may be
a claim from the Director, National subject to prosecution under Federal
Pollution Funds Center, U.S. Coast law, including but not limited to 18
Guard Stop 7605, 2703 Martin Luther U.S.C. 287 and 1001. In addition, persons
King Jr. Avenue SE., Washington, DC submitting written documentation in
20593–7605, (800) 280–7118. support of claims under this part which
[CGD 91–035, 57 FR 36316, Aug. 12, 1992, as they know, or should know, is false or
amended by USCG–2009–0416, 74 FR 27441, omits a material fact may be subject to
June 10, 2009; USCG–2012–0306, 77 FR 37315, a civil penalty for each claim. If any
June 21, 2012; USCG–2016–0498, 82 FR 35081, payment is made on the claim, the
July 28, 2017] claimant may also be subject to an as-
sessment of up to twice the amount
§ 136.5 Definitions. claimed. These civil sanctions may be
(a) As used in this part, the following imposed under the Program Fraud
terms have the same meaning as set Civil Remedies Act, 31 U.S.C. 3801–3812,
forth in sections 1001 and 1007(c) of the as implemented in 6 CFR part 13.
Act (33 U.S.C. 2701 and 2707(c)): Claim,
claimant, damages, discharge, exclusive [CGD 91–035, 57 FR 36316, Aug. 12, 1992, as
economic zone, facility, foreign claimant, 1997; USCG–2013–0397, 78 FR 39175, July 1,
foreign offshore unit, Fund, guarantor, 2013]
incident, National Contingency Plan, nat-
ural resources, navigable waters, offshore
facility, oil, onshore facility, owner or op- Subpart B—General Procedure
erator, person, removal costs, responsible § 136.101 Time limitations on claims.
party, State, United States, and vessel.
(b) As used in this part— (a) Except as provided under section
Act means title I of the Oil Pollution 1012(h)(3) of the Act (33 U.S.C.
Act of 1990 (Pub. L. 101–380; 33 U.S.C. 2712(h)(3)) (minors and incompetents),
2701 through 2719). the Fund will consider a claim only if
Director, NPFC, means the person in presented in writing to the Director,
charge of the U.S. Coast Guard Na- NPFC, within the following time lim-
tional Pollution Funds Center or that its:
person’s authorized representative. (1) For damages, within three years
FOSC means the Federal On-Scene after—
Coordinator designated under the Na- (i) The date on which the injury and
tional Contingency Plan or that per- its connection with the incident in
son’s authorized representative. question were reasonably discoverable
NPFC means the Director, National with the exercise of due care.
Pollution Funds Center, U.S. Coast (ii) In the case of natural resources
Guard Stop 7605, 2703 Martin Luther damages under section 1002(b)(2)(A) of
King Jr. Avenue SE., Washington, DC the Act (33 U.S.C. 2702(b)(2)(A)), the
20593–7605. date under paragraph (a)(1)(i) of this
[CGD 91–035, 57 FR 36316, Aug. 12, 1992, as
section, or within three years from the
amended by USCG–2009–0416, 74 FR 27441, date of completion of the natural re-
June 10, 2009; USCG–2012–0306, 77 FR 37315, sources damage assessment under sec-
June 21, 2012; USCG–2016–0498, 82 FR 35081, tion 1006(e) of the Act (33 U.S.C.
July 28, 2017] 2706(e)), whichever is later.
(2) For removal costs, within six
§ 136.7 Foreign claimants. years after the date of completion of
In addition to other applicable limi- all removal actions for the incident. As
tations on presenting claims to the used in this paragraph, ‘‘date of com-
Fund, claims by foreign claimants to pletion of all removal actions’’ is de-
recover removal costs or damages may fined as the actual date of completion
be presented only when the require- of all removal actions for the incident
ments of section 1007 of the Act (33 or the date the FOSC determines that
U.S.C. 2707) are met. the removal actions which form the
62
basis for the costs being claimed are responsible party or guarantor or to
completed, whichever is earlier. present the claim to the Fund.
(b) Unless the Director, NPFC, di- (d) No claim of a person against the
rects in writing that the claim be sub- Fund will be approved or certified for
mitted elsewhere, a claim is deemed payment during the pendency of an ac-
presented on the date the claim is action by the person in court to recover
tually received at the Director, Na- costs which are the subject of the
tional Pollution Funds Center, U.S. claim.
Coast Guard Stop 7605, 2703 Martin Lu-
[CGD 91–035, 57 FR 36316, Aug. 12, 1992; 57 FR
ther King Jr. Avenue SE., Washington,
41104, Sept. 9, 1992]
DC 20593–7605. If the Director, NPFC,
directs that the claim be presented § 136.105 General requirements for a
elsewhere, the claim is deemed pre- claim.
sented on the date the claim is actu-
ally received at the address in the di- (a) The claimant bears the burden of
rective. providing all evidence, information,
and documentation deemed necessary
[CGD 91–035, 57 FR 36316, Aug. 12, 1992; 57 FR by the Director, NPFC, to support the
41104, Sept. 9, 1992, as amended by USCG– claim.
2009–0416, 74 FR 27441, June 10, 2009; USCG–
(b) Each claim must be in writing for
2012–0306, 77 FR 37315, June 21, 2012; USCG–
2016–0498, 82 FR 35081, July 28, 2017] a sum certain for compensation for
each category of uncompensated dam-
§ 136.103 Order of presentment. ages or removal costs (as described in
Subpart C of this part) resulting from
(a) Except as provided in paragraph
an incident. If at any time during the
(b) of this section, all claims for re-
pendency of a claim against the Fund
moval costs or damages must be pre-
the claimant receives any compensa-
sented first to the responsible party or
tion for the claimed amounts, the
guarantor of the source designated
claimant shall immediately amend the
under § 136.305.
claim.
(b) Claims for removal costs or dam-
ages may be presented first to the (c) Each claim must be signed in ink
Fund only— by the claimant certifying to the best
(1) By any claimant, if the Director, of the claimant’s knowledge and belief
NPFC, has advertised, or otherwise no- that the claim accurately reflects all
tified claimants in writing, in accord- material facts.
ance with § 136.309(e); (d) In addition to the other require-
(2) By a responsible party who may ments of this section, any claim pre-
assert a claim under section 1008 of the sented by a legal representative of the
Act (33 U.S.C. 2708); claimant must also be signed by the
(3) By the Governor of a State for re- legal representative and—
moval costs incurred by that State; or (1) Be presented in the name of the
(4) By a United States claimant in a claimant;
case where a foreign offshore unit has (2) Show the title or legal capacity of
discharged oil causing damage for the representative; and
which the Fund is liable under section (3) Provide proof of authority to act
1012(a) of the Act (33 U.S.C. 2712(a)). for the claimant.
(c) If a claim is presented in accord- (e) Each claim must include at least
ance with paragraph (a) of this section the following, as applicable:
and— (1) The full name, street and mailing
(1) Each person to whom the claim is addresses of residence and business,
presented denies all liability for the and telephone numbers of the claim-
claim; or ant.
(2) The claim is not settled by any (2) The date, time, and place of the
person by payment within 90 days after incident giving rise to the claim.
the date upon which (A) the claim was (3) The identity of the vessel, facil-
presented, or (B) advertising was begun ity, or other entity causing or sus-
pursuant to § 136.309(d), whichever is pected to have caused the removal

later, the claimant may elect to com- costs or damages claimed and the basis
mence an action in court against the for such identity or belief.
63
§ 136.107 33 CFR Ch. I (7–1–20 Edition)
(4) A general description of the na- civil action number, and the court in
ture and extent of the impact of the in- which the action is pending.
cident, the costs associated with re- (13) In the discretion of the Director,
moval actions, and damages claimed, NPFC, any other information deemed
by category as delineated in Subpart C relevant and necessary to properly
of this part, including, for any prop- process the claim for payment.
erty, equipment, or similar item dam-
aged, the full name, street and mailing § 136.107 Subrogated claims.
address, and telephone number of the (a) The claims of subrogor (e.g., in-
actual owner, if other than the claim- sured) and subrogee (e.g., insurer) for
ant. removal costs and damages arising out
(5) An explanation of how and when of the same incident should be pre-
the removal costs or damages were sented together and must be signed by
caused by, or resulted from, an inci- all claimants.
dent. (b) A fully subrogated claim is pay-
(6) Evidence to support the claim. able only to the subrogee.
(7) A description of the actions taken (c) A subrogee must support a claim
by the claimant, or other person on the in the same manner as any other
claimant’s behalf, to avoid or minimize claimant.
removal costs or damages claimed.
(8) The reasonable costs incurred by § 136.109 Removal costs and multiple
the claimant in assessing the damages items of damages.
claimed. This includes the reasonable (a) A claimant must specify all of the
costs of estimating the damages claimant’s known removal costs or
claimed, but not attorney’s fees or damages arising out of a single inci-
other administrative costs associated dent when submitting a claim.
with preparation of the claim. (b) Removal costs and each separate
(9) To the extent known or reason- category of damages (as described in
ably identifiable by the claimant, the subpart C of this part) must be sepa-
full name, street and mailing address, rately listed with a sum certain attrib-
and telephone number of each witness uted to each type and category listed.
to the incident, to the discharge, or to (c) At the sole discretion of the Di-
the removal costs or damages claimed, rector, NPFC, removal costs and each
along with a brief description of that separate category of damages may be
person’s knowledge. treated separately for settlement pur-
(10) A copy of written communica- poses.
tions and the substance of verbal com-
munications, if any, between the § 136.111 Insurance.
claimant and the responsible party or (a) A claimant shall provide the fol-
guarantor of the source designated lowing information concerning any in-
under § 136.305 and a statement indi- surance which may cover the removal
cating that the claim was presented to costs or damages for which compensa-
the responsible party or guarantor, the tion is claimed:
date it was presented, that it was de- (1) The name and address of each in-
nied or remains not settled and, if surer.
known, the reason why it was denied or (2) The kind and amount of coverage.
remains not settled. (3) The policy number.
(11) If the claimant has insurance (4) Whether a claim has been or will
which may cover the removal costs or be presented to an insurer and, if so,
damages claimed, the information re- the amount of the claim and the name
quired under § 136.111. of the insurer.
(12) A statement by the claimant (5) Whether any insurer has paid the
that no action has been commenced in claim in full or in part or has indicated
court against the responsible party or whether or not payment will be made.
guarantor of the source designated (b) If requested by the Director,
under § 136.305 or, if an action has been NPFC, the claimant shall provide a
commenced, a statement identifying copy of the following material:

the claimant’s attorney and the attor- (1) All insurance policies or indem-
ney’s address and phone number, the nification agreements.
64
(2) All written communications, and Fund is denied. The failure of the Di-
a summary of all oral communications, rector, NPFC, to make final disposition
with any insurer or indemnifier. of a claim within six months after it is
(c) A claimant shall advise the Direc- filed shall, at the option of the claim-
tor, NPFC, of any changes in the infor- ant any time thereafter, be deemed a
mation provided under this section. final denial of the claim.
(d) The Director, NPFC, upon written
§ 136.113 Other compensation.
request of the claimant or of a person
A claimant must include an account- duly authorized to act on the claim-
ing, including the source and value, of ant’s behalf, reconsiders any claim de-
all other compensation received, ap- nied. The request for reconsideration
plied for, or potentially available as a must be in writing and include the fac-
consequence of the incident out of tual or legal grounds for the relief re-
which the claim arises including, but quested, providing any additional sup-
not limited to, monetary payments, port for the claim. The request must be
goods or services, or other benefits. received by the Director, NPFC, within
§ 136.115 Settlement and notice to 60 days after the date the denial was
claimant. mailed to the claimant or within 30
days after receipt of the denial by the
(a) Payment in full, or acceptance by
claimant, whichever date is earlier. Re-
the claimant of an offer of settlement
consideration may only be requested
by the Fund, is final and conclusive for
once for each claim denied. The Direc-
all purposes and, upon payment, con-
tor, NPFC will provide the claimant
stitutes a release of the Fund for the
seeking reconsideration with written
claim. In addition, acceptance of any
compensation from the Fund precludes notification of the decision within 90
the claimant from filing any subse- days after receipt of the request for re-
quent action against any person to reconsideration. This written decision is
cover costs or damages which are the final. The failure of the Director,
subject of the compensated claim. Ac- NPFC, to make final disposition of a
ceptance of any compensation also con- reconsideration within 90 days after it
stitutes an agreement by the claimant is received shall, at the option of the
to assign to the Fund any rights, claimant any time thereafter, be
claims, and causes of action the claim- deemed a final denial of the reconsider-
ant has against any person for the ation.
costs and damages which are the sub-
ject of the compensated claims and to Subpart C—Procedures for
cooperate reasonably with the Fund in Particular Claims
any claim or action by the Fund
against any person to recover the REMOVAL COSTS
amounts paid by the Fund. The co-
operation shall include, but is not lim- § 136.201 Authorized claimants.
ited to, immediately reimbursing the A claim for removal costs may be
Fund for any compensation received presented by any claimant.
from any other source for the same
costs and damages and providing any § 136.203 Proof.
documentation, evidence, testimony,
and other support, as may be necessary In addition to the requirements of
for the Fund to recover from any per- Subparts A and B of this part, a claim-
son. ant must establish—
(b) Claimant’s failure to accept an (a) That the actions taken were nec-
offer of settlement within 60 days after essary to prevent, minimize, or miti-
the date the offer was mailed to the gate the effects of the incident;
claimant automatically voids the offer. (b) That the removal costs were in-
The Director, NPFC, reserves the right curred as a result of these actions;
to revoke an offer at any time. (c) That the actions taken were de-
(c) A claimant will be notified in termined by the FOSC to be consistent

writing sent by certified or registered with the National Contingency Plan or
mail whenever a claim against the were directed by the FOSC.
65
§ 136.205 33 CFR Ch. I (7–1–20 Edition)
§ 136.205 Compensation allowable. with all applicable laws and regula-

tions.
The amount of compensation allow-
able is the total of uncompensated rea- (e) Certify whether the assessment
sonable removal costs of actions taken was conducted in accordance with ap-
that were determined by the FOSC to plicable provisions of the natural re-
be consistent with the National Con- sources damage assessment regulations
tingency Plan or were directed by the promulgated under section 1006(e)(1) of
FOSC. Except in exceptional cir- the Act (33 U.S.C. 2706(e)(1)). Identify
cumstances, removal activities for any other or additional damage assess-
which costs are being claimed must ment regulations or methodology uti-
have been coordinated with the FOSC. lized.
(f) Certify that, to the best of the
NATURAL RESOURCES trustee’s knowledge and belief, no
other trustee has the right to present a
§ 136.207 Authorized claimants. claim for the same natural resources
(a) Claims for uncompensated natural damages and that payment of any sub-
resource damages may be presented by part of the claim presented would not
an appropriate natural resources trust- constitute a double recovery for the
ee. However, in order to facilitate the same natural resources damages.
processing of these claims with respect
§ 136.211 Compensation allowable.
to a single incident where multiple
trustees are involved and to prevent (a) The amount of compensation al-
double recovery, the affected trustees lowable is the reasonable cost of as-
should select a lead administrative sessing damages, and the cost of restor-
trustee who will present consolidated ing, rehabilitating, replacing, or ac-
claims on behalf of the trustees. quiring the equivalent of the damaged
(b) A trustee may present a claim for natural resources.
the reasonable cost of assessing nat- (b) In addition to any other provision
ural resources damages separately of law respecting the use of sums re-
from a claim for the cost of developing covered for natural resources damages,
and implementing plans for the res- trustees shall reimburse the Fund for
toration, rehabilitation, replacement, any amounts received from the Fund in
or acquisition of the equivalent of the excess of that amount required to ac-
natural resources damaged. complish the activities for which the
claim was paid.
§ 136.209 Proof.
REAL OR PERSONAL PROPERTY
In addition to the requirements of
subparts A and B of this part, a trustee § 136.213 Authorized claimants.
must do the following:
(a) Submit the assessment and res- (a) A claim for injury to, or economic
toration plans which form the basis of losses resulting from the destruction
the claim. of, real or personal property may be
(b) Provide documented costs and presented only by a claimant either
cost estimates for the claim. Final cost owning or leasing the property.
estimates for conducting damage as- (b) Any claim for loss of profits or
sessments or implementing a restora- impairment of earning capacity due to
tion plan may form the basis for a injury to, destruction of, or loss of real
claim against the Fund for an uncom- or personal property must be included
pensated natural resources damage as subpart of the claim under this sec-
claim. tion and must include the proof re-
(c) Identify all trustees who may be quired under § 136.233.
potential claimants for the same nat-
ural resources damaged. § 136.215 Proof.
(d) Certify the accuracy and integrity (a) In addition to the requirements of
of any claim submitted to the Fund, subparts A and B of this part, a claim-
and certify that any actions taken or ant must establish—

proposed were or will be conducted in (1) An ownership or leasehold inter-
accordance with the Act and consistent est in the property;
66
(2) That the property was injured or SUBSISTENCE USE

destroyed;
(3) The cost of repair or replacement; § 136.219 Authorized claimants.
and (a) A claim for loss of subsistence use
(4) The value of the property both be- of natural resources may be presented
fore and after injury occurred. only by a claimant who actually uses,
(b) In addition, for each claim for for subsistence, the natural resources
economic loss resulting from destruc- which have been injured, destroyed, or
tion of real or personal property, the lost, without regard to the ownership
claimant must establish— or management of the resources.
(1) That the property was not avail- (b) A claim for loss of profits or im-
able for use and, if it had been, the pairment of earning capacity due to
value of that use; loss of subsistence use of natural re-
sources must be included as part of the
(2) Whether or not substitute prop-
claim under this section and must in-
erty was available and, if used, the clude the proof required under § 136.233.
costs thereof; and
(3) That the economic loss claimed § 136.221 Proof.
was incurred as the result of the injury
In addition to the requirements of
to or destruction of the property. subparts A and B of this part, a claim-
ant must provide—
(a) The identification of each specific
(a) The amount of compensation al- natural resource for which compensa-
lowable for damaged property is the tion for loss of subsistence use is
lesser of— claimed;
(1) Actual or estimated net cost of re- (b) A description of the actual sub-
pairs necessary to restore the property sistence use made of each specific nat-
to substantially the same condition ural resource by the claimant;
which existed immediately before the (c) A description of how and to what
damage; extent the claimant’s subsistence use
(2) The difference between value of was affected by the injury to or loss of
the property before and after the dam- each specific natural resource;
age; or (d) A description of each effort made
(3) The replacement value. by the claimant to mitigate the claim-
(b) Compensation for economic loss ant’s loss of subsistence use; and
resulting from the destruction of real (e) A description of each alternative
source or means of subsistence avail-
or personal property may be allowed in
able to the claimant during the period
an amount equal to the reasonable
of time for which loss of subsistence is
costs actually incurred for use of sub-
claimed, and any compensation avail-
stitute commercial property or, if sub- able to the claimant for loss of subsist-
stitute commercial property was not ence.
reasonably available, in an amount
equal to the net economic loss which § 136.223 Compensation allowable.
resulted from not having use of the
(a) The amount of compensation al-
property. When substitute commercial lowable is the reasonable replacement
property was reasonably available, but cost of the subsistence loss suffered by
not used, allowable compensation for the claimant if, during the period of
loss of use is limited to the cost of the time for which the loss of subsistence
substitute commercial property, or the is claimed, there was no alternative
property lost, whichever is less. Com- source or means of subsistence avail-
pensation for loss of use of noncommer- able.
cial property is not allowable. (b) The amount of compensation al-
(c) Compensation for a claim for loss lowable under paragraph (a) of this sec-
of profits or impairment of earning cation must be reduced by—
pacity under § 136.213(b) is limited to (1) All compensation made available

that allowable under § 136.235. to the claimant to compensate for sub-
sistence loss;
67
§ 136.225 33 CFR Ch. I (7–1–20 Edition)
(2) All income which was derived by the damaged property or resources to
utilizing the time which otherwise recover for lost profits or income.
would have been used to obtain natural (b) A claim for loss of profits or im-
resources for subsistence use; and pairment of earning capacity that also
(3) Overheads or other normal ex- involves a claim for injury to, or eco-
penses of subsistence use not incurred nomic losses resulting from destruc-
as a result of the incident. tion of, real or personal property must
(c) Compensation for a claim for loss be claimed under § 136.213.
of profits or impairment of earning ca- (c) A claim for loss of profits or im-
pacity under § 136.219(b) is limited to pairment of earning capacity that also
that allowable under § 136.235. involves a claim for loss of subsistence
use of natural resources must be
GOVERNMENT REVENUES claimed under § 136.219.
§ 136.225 Authorized claimants. § 136.233 Proof.
A claim for net loss of revenue due to In addition to the requirements of
the injury, destruction, or loss of real subparts A and B of this part, a claim-
property, personal property, or natural ant must establish the following:
resources may be presented only by an (a) That real or personal property or
appropriate claimant sustaining the natural resources have been injured,
loss. As used in this section and destroyed, or lost.
§ 136.277, ‘‘revenue’’ means taxes, royal- (b) That the claimant’s income was
ties, rents, fees, and net profit shares. reduced as a consequence of injury to,
destruction of, or loss of the property
§ 136.227 Proof.
or natural resources, and the amount
In addition to the requirements of of that reduction.
Subparts A and B, a claimant must es- (c) The amount of the claimant’s
tablish— profits or earnings in comparable peri-
(a) The identification and description ods and during the period when the
of the economic loss for which com- claimed loss or impairment was suf-
pensation is claimed, including the ap- fered, as established by income tax re-
plicable authority, property affected, turns, financial statements, and simi-
method of assessment, rate, and meth- lar documents. In addition, compara-
od and dates of collection; tive figures for profits or earnings for
(b) That the loss of revenue was due the same or similar activities outside
to the injury to, destruction of, or loss of the area affected by the incident
of real or personal property or natural also must be established.
resources; (d) Whether alternative employment
(c) The total assessment or revenue or business was available and under-
collected for comparable revenue peri- taken and, if so, the amount of income
ods; and received. All income that a claimant
(d) The net loss of revenue. received as a result of the incident
must be clearly indicated and any
§ 136.229 Compensation allowable. saved overhead and other normal ex-
The amount of compensation allow- penses not incurred as a result of the
able is the total net revenue actually incident must be established.
lost.
PROFITS AND EARNING CAPACITY The amount of compensation allow-
able is limited to the actual net reduc-
§ 136.231 Authorized claimants. tion or loss of earnings or profits suf-
(a) A claim for loss of profits or im- fered. Calculations for net reductions
pairment of earning capacity due to or losses must clearly reflect adjust-
the injury to, destruction of, or loss of ments for—
real or personal property or natural re- (a) All income resulting from the in-
sources may be presented by a claim- cident;

ant sustaining the loss or impairment. (b) All income from alternative em-
The claimant need not be the owner of ployment or business undertaken;
68
(c) Potential income from alternative Advertisement means the dissemina-

employment or business not under- tion of information, including but not
taken, but reasonably available; limited to paid advertisements, that
(d) Any saved overhead or normal ex- are reasonably calculated to advise the
penses not incurred as a result of the public how to present a claim.
incident; and Designated source means a source des-
(e) State, local, and Federal taxes. ignated under § 136.305.
GOVERNMENT PUBLIC SERVICES DESIGNATION OF SOURCE
§ 136.237 Authorized claimants. § 136.305 Notice of designation.
A claim for net costs of providing in- (a) When information of an incident
creased or additional public services is received, the source or sources of the
during or after removal activities, in- discharge or threat are designated,
cluding protection from fire, safety, or where possible and appropriate. If the
health hazards, caused by a discharge designated source is a vessel or facil-
of oil may be presented only by a State ity, the responsible party and the guar-
or a political subdivision of a State in- antor, if known, are notified by tele-
curring the costs. phone, telefax, or other rapid means of
that designation. The designation will
§ 136.239 Proof.
be confirmed by a written Notice of
In addition to the requirements of Designation.
subparts A and B of this part, a claim- (b) A Notice of Designation normally
ant must establish— contains, to the extent known—
(a) The nature of the specific public (1) The name of the vessel or facility
services provided and the need for designated as the source;
those services; (2) The location, date, and time of
(b) That the services occurred during the incident;
or after removal activities;
(3) The type and quantity of oil in-
(c) That the services were provided as
volved;
a result of a discharge of oil and would
(4) The date of the designation;
not otherwise have been provided; and
(d) The net cost for the services and (5) The procedures for accepting or
the methods used to compute those denying the designation; and
costs. (6) The name, address, telephone
number, and, if available, telefax num-
§ 136.241 Compensation allowable. ber of the responsible Federal official
The amount of compensation allow- to whom further communication re-
able is the net cost of the increased or garding the incident, advertisement of
additional service provided by the the incident, or denial of designation
State or political subdivision. should be directed.
[USCG–91–035, 57 FR 36316, Aug. 12, 1992, as
Subpart D—Designation of Source amended by USCG–2012–0306, 77 FR 37315,
June 21, 2012]
and Advertisement
GENERAL § 136.307 Denial of designation.
(a) Within five days after receiving a
§ 136.301 Purpose. Notice of Designation under § 136.305,
This subpart prescribes the require- the responsible party or guarantor may
ments concerning designation of the deny the designation.
source or sources of the discharge or (b) A denial of designation must—
threat of discharge and advertisement (1) Be in writing;
of these designations, including the (2) Identify the Notice of Designa-
procedures by which claims may be tion;
presented to the responsible party or (3) Give the reasons for the denial
guarantor. and provide a copy of all supporting
documents; and
§ 136.303 Definitions. (4) Be submitted to the official
As used in this subpart— named in the Notice of Designation.
69
§ 136.309 33 CFR Ch. I (7–1–20 Edition)
(c) A denial is deemed received on the § 136.311 Types of advertisement.

date the denial is actually received by
Advertisement required by the Direc-
the official named in the Notice of Des-
tor, NPFC, will normally include one
ignation.
or more of the following:
ADVERTISEMENT (a) Paid advertisements in a news-
paper or newspapers having general cir-
§ 136.309 Advertisement determina- culation in the area designated by the
tions. Director, NPFC.
(a) The Director, NPFC, determines (b) Notice posted in marinas, marine
for each incident the type, geographic supply stores, bait and tackle shops,
scope, frequency, and duration of ad- and other appropriate business estab-
vertisement required. lishments or public facilities in the
(b) In making the determination area designated by the Director, NPFC.
specified in paragraph (a) of this sec- (c) News releases to newspapers,
tion, the Director, NPFC, may con- radio stations, television stations, and
sider— cable services having general circula-
(1) The nature and extent of eco- tion in the area designated by the Di-
nomic losses that have occurred or are rector, NPFC.
likely to occur; (d) Other means approved by the Di-
(2) The potential claimants who are rector, NPFC, under the circumstances
likely to incur economic losses; of each case.
(3) The geographical area that is or § 136.313 Content of advertisement.
will likely be affected;
(4) The most effective method of rea- Each advertisement required by this
sonably notifying potential claimants subpart may be required to contain the
of the designation and procedures of following information or to indicate
submitting claims; and where this information may be con-
(5) Relevant information or rec- tained:
ommendations, if any, submitted by, or (a) Location, date, and time of the in-
on behalf of, the responsible party or cident.
guarantor of the designated source. (b) Geographical area affected, as de-
(c) The Director, NPFC, provides the termined by the FOSC or Director,
specific requirements for advertise- NPFC.
ment for each incident to the respon- (c) Type and quantity of oil involved.
sible party or guarantor of the des- (d) Name or other description of the
ignated source. source designated by the FOSC or Di-
(d) If a responsible party or guar- rector, NPFC.
antor has not denied designation in ac- (e) Name of the responsible party and
cordance with § 136.307, the party or guarantor of the designated source.
guarantor shall advertise, in accord- (f) Name, address, telephone number,
ance with the requirements of this sub- office hours, and work days of the per-
part, the designation and the proce- son or persons to whom claims are to
dures by which claims may be pre- be presented and from whom claim in-
sented. The advertisement must begin formation can be obtained.
not later than 15 days after the date of (g) The procedures by which a claim
the designation made under § 136.305. may be presented.
(e) If there is no designation under (h) Other information required by the
§ 136.305, if the source of the discharge Director, NPFC, under the cir-
or threat is a public vessel, or if the re- cumstances of each case.
sponsible party and guarantor of the
source designated have denied the des-
ignation or failed to meet the require-
ments for advertisement in this sec-

tion, the Director, NPFC, may adver-
tise procedures for presenting claims.
70
PART 137—OIL SPILL LIABILITY: Subpart A—Introduction

STANDARDS FOR CONDUCTING
ALL APPROPRIATE INQUIRIES
UNDER THE INNOCENT LAND- (a) In general under the Oil Pollution
OWNER DEFENSE Act of 1990 (33 U.S.C. 2701, et seq.), an
owner or operator of a facility (as de-
Subpart A—Introduction fined in § 137.10) that is the source of a
discharge, or a substantial threat of
Sec. discharge, of oil into the navigable
137.1 Purpose and applicability. waters or adjoining shorelines or the
137.5 Disclosure obligations. exclusive economic zone is liable for
137.10 How are terms used in this part de-
fined?
damages and removal costs resulting
137.15 References: Where can I get a copy of from the discharge or threat. However,
the publication mentioned in this part? if that person can demonstrate, among
other criteria not addressed in this
Subpart B—Standards and Practices part, that they did not know and had
no reason to know at the time of their
137.18 Duties of persons specified in
§ 137.1(a).
acquisition of the real property on
137.20 May industry standards be used to which the facility is located that oil
comply with this regulation? was located on, in, or at the facility,
137.25 Qualifications of the environmental the person may be eligible for the inno-
professional. cent landowner defense to liability
137.30 Objectives and performance factors. under 33 U.S.C. 2703(d)(4). One element
137.33 General all appropriate inquiries re- of the defense is that the person made
quirements.
137.35 Inquiries by an environmental profes-
all appropriate inquiries into the na-
sional. ture of the real property on which the
137.40 Additional inquiries. facility is located before acquiring it.
137.45 Interviews with past and present own- The purpose of this part is to prescribe
ers, operators, and occupants. standards and practices for making
137.50 Reviews of historical sources of infor- those inquiries.
mation. (b) Under 33 U.S.C. 2703(d)(4)(E), this
137.55 Searches for recorded environmental part does not apply to real property
cleanup liens.
137.60 Reviews of Federal, State, tribal, and
purchased by a non-governmental enti-
local government records. ty or non-commercial entity for resi-
137.65 Visual inspections of the facility, the dential use or other similar uses where
real property on which the facility is lo- a property inspection and a title search
cated, and adjoining properties. reveal no basis for further investiga-
137.70 Specialized knowledge or experience tion. In those cases, the property in-
on the part of persons specified in spection and title search satisfy the re-
§ 137.1(a).
quirements of this part.
137.75 The relationship of the purchase price
to the value of the facility and the real (c) This part does not affect the ex-
property on which the facility is located, isting OPA 90 liability protections for
if oil was not at the facility or on the State and local governments that ac-
real property. quire a property involuntarily in their
137.80 Commonly known or reasonably as- functions as sovereigns under 33 U.S.C.
certainable information about the facil- 2703(d)(2)(B). Involuntary acquisition of
ity and the real property on which the fa- properties by State and local govern-
cility is located.
ments fall under the provisions of 33
137.85 The degree of obviousness of the pres-
ence or likely presence of oil at the facil- U.S.C. 2703(d)(2)(B), not under the all-
ity and the real property on which the fa- appropriate-inquiries provision of 33
cility is located and the ability to detect U.S.C. 2703(d)(4) and this part.
the oil by appropriate investigation.
§ 137.5 Disclosure obligations.
AUTHORITY: 33 U.S.C. 2703(d)(4); Sec. 1512 of
the Homeland Security Act of 2002, Pub. L. (a) Under 33 U.S.C. 2703(c)(1), persons
107–296, Title XV, Nov. 25, 2002, 116 Stat. 2310 specified in § 137.1(a), including envi-
(6 U.S.C. 552(d)); Department of Homeland ronmental professionals, must report
Security Delegation No. 14000. the incident as required by law if they

SOURCE: USCG–2006–25708, 73 FR 2150, Jan. know or have reason to know of the in-
14, 2008, unless otherwise noted. cident.
71
§ 137.10 33 CFR Ch. I (7–1–20 Edition)
(b) This part does not limit or expand Institutional controls means non-engi-
disclosure obligations under any Fed- neered instruments, such as adminis-
eral, State, tribal, or local law. It is trative and/or legal controls, that help
the obligation of each person, including to minimize the potential for human
environmental professionals, con- exposure to oil discharge and/or protect
ducting inquiries to determine his or the integrity of a removal action.
her respective disclosure obligations Relevant experience means participa-
under Federal, State, tribal, and local tion in the performance of all-appro-
law and to comply with them. priate-inquiries investigations, envi-
ronmental site assessments, or other
§ 137.10 How are terms used in this site investigations that may include
part defined?
environmental analyses, investiga-
(a) The following terms have the tions, and remediation which involve
same definitions as in 33 U.S.C. 2701: the understanding of surface and sub-
damages; discharge; incident; liable or li- surface environmental conditions and
ability; oil; owner or operator; and re- the processes used to evaluate these
moval costs. conditions and for which professional
(b) As used in this part— judgment was used to develop opinions
Abandoned property means a property regarding conditions indicative of the
that, because of its general disrepair or presence or likely presence of oil at the
lack of activity, a reasonable person facility and the real property on which
could believe that there is an intent on the facility is located.
the part of the current owners to sur-
render their rights to the property. § 137.15 References: Where can I get a
Adjoining property means real prop- copy of the publication mentioned
erty the border of which is shared in in this part?
part or in whole with that of the sub- Section 137.20 of this part refers to
ject property or that would be shared ASTM E 1527–05, Standard Practice for
in part or in whole with that of the Environmental Site Assessments:
property but for a street, road, or other Phase I Environmental Site Assess-
public thoroughfare separating the ment Process. That document is avail-
properties. able from ASTM International, 100
Data gap means a lack of, or inability Barr Harbor Drive, P.O. Box C700, West
to, obtain information required by sub- Conshohocken, PA 19428–2959. It is also
part B of this part despite good faith available for inspection at the Coast
efforts by the environmental profes- Guard National Pollution Funds Cen-
sional or persons specified in § 137.1(a), ter, Law Library, NPFC CV, U.S. Coast
as appropriate, to gather the informa- Guard Stop 7605, 2703 Martin Luther
tion under § 137.33. King Jr. Avenue SE., Washington, DC
Environmental professional means an 20593–7605.
individual who meets the requirements
of § 137.25. [USCG–2009–0416, 74 FR 27441, June 10, 2009, as
Facility means any structure, group July 28, 2017]
of structures, equipment, or device
(other than a vessel) which is used for
one or more of the following purposes: Subpart B—Standards and
exploring for, drilling for, producing, Practices
storing, handling, transferring, proc-
essing, or transporting oil. This term § 137.18 Duties of persons specified in
includes any motor vehicle, rolling § 137.1(a).
stock, or pipeline used for one or more In order to make all appropriate in-
of these purposes. quiries, persons seeking to establish
Good faith means the absence of any the liability protection under § 137.1(a)
intention to seek an unfair advantage must conduct the inquiries and inves-
or to defraud another party; an honest tigations as required in this part and
and sincere intention to fulfill one’s ensure that the inquiries and investiga-
obligations in the conduct or trans- tions required to be made by environ-
action concerned. mental professionals are made.
72
§ 137.20 May industry standards be son should determine the applicability

used to comply with this regula- of State professional licensing or reg-
tion? istration laws to the activities to be
The industry standards in ASTM E undertaken as part of an inquiry under
1527–05, (Referenced in § 137.15) may be § 137.35(b).
used to comply with the requirements (4) A person who does not qualify as
set forth in §§ 137.45 through 137.85 of an environmental professional under
this part. Use of ASTM E 1527–05 for this section may assist in the conduct
this purpose is optional and not man- of all appropriate inquiries according
datory. to this part if the person is under the
supervision or responsible charge of an
§ 137.25 Qualifications of the environ- environmental professional meeting
mental professional. the requirements of this section when
(a) An environmental professional is conducting the inquiries.
an individual who possesses sufficient
specific education, training, and expe- § 137.30 Objectives and performance
factors.
rience necessary to exercise profes-
sional judgment to develop opinions (a) Objectives. This part is intended to
and conclusions regarding conditions result in the identification of condi-
indicative of the presence or likely tions indicative of the presence or like-
presence of oil at a facility and the real ly presence of oil at the facility and
property on which the facility is lo- the real property on which the facility
cated sufficient to meet the objectives is located. In order to meet the objec-
and performance factors in § 137.30(a) tives of this regulation, persons speci-
and (b). fied in § 137.1(a) and the environmental
(1) Such a person must— professional must seek to identify,
(i) Hold a current Professional Engi- through the conduct of the standards
neer’s or Professional Geologist’s li- and practices in this subpart, the fol-
cense or registration from a State, lowing types of information about the
tribe, or U.S. territory (or the Com- facility and the real property on which
monwealth of Puerto Rico) and have the facility is located:
the equivalent of 3 years of full-time (1) Current and past uses and occu-
relevant experience; pancies of the facility and the real
(ii) Be licensed or certified by the property on which the facility is lo-
Federal government, a State, tribe, or cated.
U.S. territory (or the Commonwealth (2) Current and past uses of oil.
of Puerto Rico) to perform environ- (3) Waste management and disposal
mental inquiries under § 137.35 and have activities that indicate presence or
the equivalent of 3 years of full-time likely presence of oil.
relevant experience; (4) Current and past corrective ac-
(iii) Have a Baccalaureate or higher tions and response activities that indi-
degree from an accredited institution cate presence or likely presence of oil.
of higher education in a discipline of (5) Engineering controls.
engineering or science and the equiva- (6) Institutional controls, such as
lent of 5 years of full-time relevant ex- zoning restrictions, building permits,
perience; or and easements.
(iv) Have the equivalent of 10 years of (7) Properties adjoining or located
full-time relevant experience. nearby the facility and the real prop-
(2) An environmental professional erty on which the facility is located
should remain current in his or her that have environmental conditions
field through participation in con- that could have resulted in conditions
tinuing education or other activities. indicative of the presence or likely
(3) The requirements for an environ- presence of oil at the facility and the
mental professional in this section do real property on which the facility is
not preempt State professional licens- located.
ing or registration requirements, such (b) Performance factors. In order to
as those for a professional geologist, meet this part and to meet the objec-
engineer, or site-remediation profes- tives stated in paragraph (a) of this
sional. Before commencing work, a per- section, the persons specified in
73
§ 137.33 33 CFR Ch. I (7–1–20 Edition)
§ 137.1(a) or the environmental profes- and the real property on which the fa-
sional (as appropriate to the particular cility is located if—
standard and practice) must— (1) The information was collected
(1) Gather the information that is re- during the conduct of an all-appro-
quired for each standard and practice priate-inquiries investigation under
listed in this subpart that is publicly this part.
available, is obtainable from its source (2) The information was collected or
within a reasonable time and cost, and updated within 1 year before the date
can be reviewed practicably; and of acquisition of the real property on
(2) Review and evaluate the thor-
which the facility is located.
oughness and reliability of the infor-
mation gathered in complying with (3) The following components of the
each standard and practice listed in inquiries were conducted or updated
this subpart taking into account infor- within 180 days before the date of ac-
mation gathered in the course of com- quisition of the real property on which
plying with the other standards and the facility is located:
practices of this part. (i) Interviews with past and present
owners, operators, and occupants. See
§ 137.33 General all appropriate in- § 137.45.
quiries requirements. (ii) Searches for recorded environ-
(a) All appropriate inquiries must be mental cleanup liens. See § 137.55.
conducted within 1 year before the date (iii) Reviews of Federal, State, tribal,
of acquisition of the real property on and local government records. See
which the facility is located, as evi- § 137.60.
denced by the date of receipt of the (iv) Visual inspections of the facility,
documentation transferring title to, or the real property on which the facility
possession of, the real property and is located, and the adjoining prop-
must include:
erties. See § 137.65.
(1) An inquiry by an environmental
professional, as provided in § 137.35. (v) The declaration by the environ-
(2) The collection of information mental professional. See § 137.35(d).
under § 137.40 by persons specified in (4) Previously collected information
§ 137.1(a). is updated by including relevant
(b) The following components of the changes in the conditions of the facil-
all appropriate inquiries must be con- ity and the real property on which the
ducted or updated within 180 days be- facility is located and specialized
fore the date of acquisition of the real knowledge, as outlined in § 137.70, of
property on which the facility is lo- the persons conducting the all appro-
cated: priate inquiries for the facility and the
(1) Interviews with past and present real property on which the facility is
owners, operators, and occupants. See located, including persons specified in
§ 137.45. § 137.1(a) and the environmental profes-
(2) Searches for recorded environ- sional.
mental cleanup liens. See § 137.55. (d) All appropriate inquiries may in-
(3) Reviews of Federal, State, tribal, clude the results of an environmental
and local government records. See professional’s report under § 137.35(c)
§ 137.60. that have been prepared by or for other
(4) Visual inspections of the facility, persons if—
the real property on which the facility
(1) The reports meet the objectives
is located, and adjoining properties.
See § 137.65. and performance factors in § 137.30(a)
(5) The declaration by the environ- and (b); and
mental professional. See § 137.35(d). (2) The person specified in § 137.1(a)
(c) All appropriate inquiries may in- reviews the information and conducts
clude the results of and information the additional inquiries under §§ 137.70,
contained in an inquiry previously con- 137.75, and 137.80 and updates the in-
ducted by, or on behalf of, persons quiries requiring an update under para-
specified in § 137.1(a) who are respon- graph (b) of this section.
sible for the inquiries for the facility
74
(e) To the extent there are data gaps also indicate whether the gaps pre-
that affect the ability of persons speci- vented the environmental professional
fied in § 137.1(a) and environmental pro- from reaching an opinion regarding the
fessionals to identify conditions indic- identification of conditions indicative
ative of the presence or likely presence of the presence or likely presence of
of oil, the gaps must be identified in oil.
the report under § 137.35(c)(2). In addi- (3) The qualifications of the environ-
tion, the sources of information con- mental professional.
sulted to address data gaps should be (4) An opinion regarding whether ad-
identified and the significance of the ditional appropriate investigation is
gaps noted. Sampling and analysis may necessary.
be conducted to develop information to (d) The environmental professional
address data gaps. must place the following statements in
(f) Any conditions indicative of the the written document identified in
presence or likely presence of oil iden- paragraph (c) of this section and sign
tified as part of the all-appropriate-in- the document: ‘‘[I, We] declare that, to
quiries investigation should be noted in the best of [my, our] professional
the report. knowledge, [I, we] meet the require-
ments under 33 CFR 137.25 for an envi-
§ 137.35 Inquiries by an environmental ronmental professional.’’ and ‘‘[I, We]
professional. have the specific qualifications based
(a) Inquiries by an environmental on education, training, and experience
professional must be conducted either to assess the nature, history, and set-
by the environmental professional or ting of a facility and the real property
by a person under the supervision or on which it is located. [I, We] have de-
responsible charge of an environmental veloped and conducted all appropriate
professional. inquiries according to the standards
(b) The inquiry of the environmental and practices in 33 CFR part 137.’’
professional must include the require-
ments in §§ 137.45 (interviews with past § 137.40 Additional inquiries.
and present owners), 137.50 (reviews of (a) Persons specified in § 137.1(a) must
historical sources), 137.60 (reviews of conduct inquiries in addition to those
government records), 137.65 (visual in- conducted by the environmental pro-
spections), 137.80 (commonly known or fessional under § 137.35 and may provide
reasonably ascertainable information) the information associated with these
and 137.85 (degree of obviousness of the additional inquiries to the environ-
presence or likely presence of oil). In mental professional responsible for
addition, the inquiry should take into conducting the activities listed in
account information provided to the § 137.35—
environmental professional by the per- (1) As required by § 137.55 and if not
son specified in § 137.1(a) conducting otherwise obtained by the environ-
the additional inquiries under § 137.40. mental professional, environmental
(c) The results of the inquiry by an cleanup liens against the facility and
environmental professional must be the real property on which it is located
documented in a written report that, that are filed or recorded under Fed-
at a minimum, includes the following: eral, State, tribal, or local law.
(1) An opinion as to whether the in- (2) As required by § 137.70, specialized
quiry has identified conditions indic- knowledge or experience of the person
ative of the presence or likely presence specified in § 137.1(a).
of oil at the facility and the real prop- (3) As required by § 137.75, the rela-
erty on which the facility is located. tionship of the purchase price to the
(2) An identification of data gaps in fair market value of the facility and
the information developed as part of the real property on which the facility
the inquiry that affect the ability of is located if the oil was not at the facil-
the environmental professional to iden- ity and the real property on which it is
tify conditions indicative of the pres- located.
ence or likely presence of oil at the fa- (4) As required by § 137.80 and if not
cility and the real property on which otherwise obtained by the environ-
the facility is located. The report must mental professional, commonly known
75
§ 137.45 33 CFR Ch. I (7–1–20 Edition)
or reasonably ascertainable informa- § 137.50 Reviews of historical sources

tion about the facility and the real of information.
property on which it is located. (a) Historical documents and records
(b) [Reserved] must be reviewed for the purposes of
achieving the objectives and perform-
§ 137.45 Interviews with past and
present owners, operators, and oc- ance factors of § 137.30(a) and (b). His-
cupants. torical documents and records may in-
clude, but are not limited to, aerial
(a) Interviews with owners, opera- photographs, fire insurance maps,
tors, and occupants of the facility and building department records, chain of
the real property on which the facility title documents, and land use records.
is located must be conducted for the (b) Historical documents and records
purposes of achieving the objectives reviewed must cover a period of time as
and performance factors of § 137.30(a) far back in the history of the real prop-
and (b). erty to when the first structure was
(b) The inquiry of the environmental built or when it was first used for resi-
professional must include interviewing dential, agricultural, commercial, in-
the current owner and occupant of the dustrial, or governmental purposes.
facility and the real property on which The environmental professional may
the facility is located. If the facility exercise professional judgment in con-
and the real property on which the fa- text of the facts available at the time
cility is located has multiple occu- of the inquiry as to how far back in
pants, the inquiry of the environ- time it is necessary to search histor-
mental professional must include ical records.
interviewing major occupants, as well
as those occupants likely to use, store, § 137.55 Searches for recorded envi-
treat, handle or dispose of oil or those ronmental cleanup liens.
who have likely done so in the past. (a) All appropriate inquiries must in-
(c) The inquiry of the environmental clude a search for the existence of envi-
professional also must include, to the ronmental cleanup liens against the fa-
extent necessary to achieve the objec- cility and the real property on which
tives and performance factors in the facility is located that are filed or
§ 137.30(a) and (b), interviewing one or recorded under Federal, State, tribal,
more of the following persons: or local law.
(1) Current and past facility and real (b) All information collected by per-
property managers with relevant sons specified in § 137.1(a) rather than
knowledge of uses and physical charac- an environmental professional regard-
teristics of the facility and the real ing the existence of environmental
property on which the facility is lo- cleanup liens associated with the facil-
cated. ity and the real property on which the
(2) Past owners, occupants, or opera- facility is located may be provided to
tors of the facility and the real prop- the environmental professional or re-
erty on which the facility is located. tained by the applicable party.
(3) Employees of current and past oc-
cupants of the facility and the real § 137.60 Reviews of Federal, State,
property on which the facility is lo- tribal, and local government
cated. records.
(d) In the case of inquiries conducted (a) Federal, State, tribal, and local
at abandoned properties where there is government records or databases of
evidence of potential unauthorized uses government records of the facility, the
or evidence of uncontrolled access, the real property on which the facility is
environmental professional’s inquiry located, and adjoining properties must
must include an interview of at least be reviewed for the purposes of achiev-
one owner or occupant of a neighboring ing the objectives and performance fac-
property from which it appears possible tors of § 137.30(a) and (b).
that the owner or occupant of the (b) With regard to the facility and
neighboring property could have ob- the property on which the facility is lo-
served use or other presence or likely cated, the review of Federal, State, and
presence of oil. tribal government records or databases
76
of the government records and local tigation or remediation, such as sites

government records and databases of enrolled in State and tribal voluntary
the records should include— cleanup programs and tribal- and
(1) Records of reported oil discharges State-listed brownfield sites (one-half
present, including site investigation re- mile).
ports for the facility and the real prop- (iv) Records of leaking underground
erty on which the facility is located; storage tanks (one-half mile).
(2) Records of activities, conditions, (2) Properties that previously were
or incidents likely to cause or con- identified or regulated by a govern-
tribute to discharges or substantial ment entity due to environmental con-
threat of discharges of oil, including cerns at the facility and the real prop-
landfill and other disposal unit loca- erty on which the facility is located.
tion records and permits, storage tank The records or databases containing
records and permits, hazardous waste the records and the associated dis-
handler and generator records and per- tances from the facility and the real
mits, Federal, tribal and State govern- property on which the facility is lo-
ment listings of sites identified as pri- cated for which the information should
ority cleanup sites, and spill reporting be searched include the following:
records; (i) Records of delisted NPL sites (one-
(3) Comprehensive Environmental half mile).
Response, Compensation, and Liability (ii) Registries or publicly available
Information System (CERCLIS) lists of engineering controls (one-half
records; mile).
(4) Public health records;
(iii) Records of former CERCLIS sites
(5) Emergency Response Notification
with no further remedial action notices
System records;
(one-half mile).
(6) Registries or publicly available
lists of engineering controls; and (3) Properties for which there are
(7) Registries or publicly available records of Federally-permitted, State-
lists of institutional controls, includ- permitted or -registered, or tribal-per-
ing environmental land use restric- mitted or -registered waste manage-
tions, applicable to the facility and the ment activities. The records or data-
real property on which the facility is bases that may contain the records in-
located. clude the following:
(c) With regard to nearby or adjoin- (i) Records of RCRA small quantity
ing properties, the review of Federal, and large quantity generators (adjoin-
State, tribal, and local government ing properties).
records or databases of government (ii) Records of Federally-permitted,
records should include the identifica- State-permitted or -registered, or trib-
tion of the following: al-permitted landfills and solid waste
(1) Properties for which there are management facilities (one-half mile).
government records of reported dis- (iii) Records of registered storage
charges or substantial threat of dis- tanks (adjoining property).
charges of oil. Such records or data- (4) A review of additional government
bases containing such records and the records with regard to sites identified
associated distances from the facility under paragraphs (c)(1) through (c)(3)
and the real property on which the fa- of this section may be necessary in the
cility is located for which such infor- judgment of the environmental profes-
mation should be searched include the sional for the purpose of achieving the
following: objectives and performance factors of
(i) Records of National Priorities List §§ 137.30(a) and (b).
(NPL) sites or tribal- and State-equiva- (d) The search distance from the real
lent sites (one mile). property boundary for reviewing gov-
(ii) Resource Conservation and Re- ernment records or databases of gov-
covery Act (RCRA) properties subject ernment records listed in paragraph (c)
to corrective action (one mile). of this section may be modified based
(iii) Records of Federally-registered, upon the professional judgment of the

or State-permitted or -registered, haz- environmental professional. The ra-
ardous waste sites identified for inves- tionale for the modifications must be
77
§ 137.65 33 CFR Ch. I (7–1–20 Edition)
documented by the environmental pro- tion, or other inability to obtain access

fessional. The environmental profes- to the facility and the real property on
sional may consider one or more of the which the facility is located after good
following factors in determining an al- faith efforts have been taken to obtain
ternate appropriate search distance— access. The mere refusal of a voluntary
(1) The nature and extent of a dis- seller to provide access to the facility
charge. and the real property on which the fa-
(2) Geologic, hydrogeologic, or topo- cility is located is not justification for
graphic conditions of the property and not conducting an on-site inspection.
surrounding environment. The inquiry of the environmental pro-
(3) Land use or development den- fessional must include—
sities. (1) Visually inspecting the facility
(4) The property type. and the real property on which the fa-
(5) Existing or past uses of sur- cility is located using another method,
rounding properties. such as aerial imagery for large prop-
(6) Potential migration pathways erties, or visually inspecting the facil-
(e.g., groundwater flow direction, prev- ity and the real property on which the
alent wind direction). facility is located from the nearest ac-
(7) Other relevant factors. cessible vantage point, such as the
property line or public road for small
§ 137.65 Visual inspections of the facil-
ity, the real property on which the properties;
facility is located, and adjoining (2) Documenting the efforts under-
properties. taken to obtain access and an expla-
(a) For the purpose of achieving the nation of why such efforts were unsuc-
objectives and performance factors of cessful; and
§ 137.30(a) and (b), the inquiry of the en- (3) Documenting other sources of in-
vironmental professional must include formation regarding the presence or
the following: likely presence of oil at the facility
(1) A visual on-site inspection of the and the real property on which the fa-
facility and the real property on which cility is located that were consulted
the facility is located, and the im- according to § 137.30(a). The documenta-
provements at the facility and real tion should include comments, if any,
property, including a visual inspection by the environmental professional on
of the areas where oil may be or may the significance of the failure to con-
have been used, stored, treated, han- duct a visual on-site inspection of the
dled, or disposed. Physical limitations facility and the real property on which
to the visual inspection must be noted. the facility is located with regard to
(2) A visual inspection of adjoining the ability to identify conditions indic-
properties, from the subject real prop- ative of the presence or likely presence
erty line, public rights-of-way, or other of oil at the facility and the real prop-
vantage point (e.g., aerial photog- erty.
raphy), including a visual inspection of
areas where oil may be or may have § 137.70 Specialized knowledge or ex-
been stored, treated, handled or dis- perience on the part of persons
specified in § 137.1(a).
posed. A visual on-site inspection is
recommended, though not required. (a) For the purpose of identifying
Physical limitations to the inspection conditions indicative of the presence or
of adjacent properties must be noted. likely presence of oil at the facility
(b) Except as in paragraph (c) of this and the real property on which the fa-
section, a visual on-site inspection of cility is located, persons specified in
the facility and the real property on § 137.1(a) must take into account their
which the facility is located must be own specialized knowledge of the facil-
conducted. ity and the real property on which the
(c) An on-site inspection is not re- facility is located, the area sur-
quired if an on-site visual inspection of rounding the facility and the real prop-
the facility and the real property on erty on which the facility is located,
which the facility is located cannot be and the conditions of adjoining prop-
performed because of physical limita- erties and their experience relevant to
tions, remote and inaccessible loca- the inquiry.
78
(b) The results of all appropriate in- specified in § 137.1(a) and the environ-
quiries under § 137.33 must take into ac- mental professional must gather infor-
count the relevant and applicable spe- mation from varied sources whose
cialized knowledge and experience of input either individually or taken to-
the persons specified in § 137.1(a) re- gether may provide commonly known
sponsible for undertaking the inquiry. or reasonably ascertainable informa-
tion about the facility and the real
§ 137.75 The relationship of the pur- property on which the facility is lo-
chase price to the value of the facil- cated; the environmental professional
ity and the real property on which
the facility is located, if oil was not may refer to one or more of the fol-
at the facility or on the real prop- lowing sources of information:
erty. (1) Current owners or occupants of
neighboring properties or properties
(a) Persons specified in § 137.1(a) must
adjacent to the facility and the real
consider whether the purchase price of
property on which the facility is lo-
the facility and the real property on
cated.
which the facility is located reasonably (2) Local and state government offi-
reflects the fair market value of the fa- cials who may have knowledge of, or
cility and real property if oil was not information related to, the facility and
present or likely present. the real property on which the facility
(b) If the persons conclude that the
is located.
purchase price does not reasonably re- (3) Others with knowledge of the fa-
flect the fair market value of that facility and the real property on which
cility and real property if oil was not the facility is located.
at the facility and the real property, (4) Other sources of information, such
they must consider whether or not the as newspapers, Web sites, community
differential in purchase price and fair organizations, local libraries, and his-
market value is due to the presence or torical societies.
likely presence of oil.
§ 137.85 The degree of obviousness of
§ 137.80 Commonly known or reason- the presence or likely presence of
ably ascertainable information oil at the facility and the real prop-
about the facility and the real property on which the facility is located
erty on which the facility is located. and the ability to detect the oil by
(a) Throughout the inquiries, persons appropriate investigation.
specified in § 137.1(a) and environ- (a) Persons specified in § 137.1(a) and
mental professionals conducting the environmental professionals con-
inquiry must take into account com- ducting an inquiry of a facility and the
monly known or reasonably ascertain- real property on which it is located on
able information within the local com- their behalf must take into account
munity about the facility and the real the information collected under
property on which the facility is lo- §§ 137.45 through 137.80 in considering
cated and consider that information the degree of obviousness of the pres-
when seeking to identify conditions in- ence or likely presence of oil at the fa-
dicative of the presence or likely pres- cility and the real property on which
ence of oil at the facility and the real the facility is located.
property. (b) Persons specified in § 137.1(a) and
(b) Commonly known information environmental professionals con-
may include information obtained by ducting an inquiry of a facility and the
the person specified in § 137.1(a) or by property on which the facility is lo-
the environmental professional about cated on their behalf must take into
the presence or likely presence of oil at account the information collected
the facility and the real property on under §§ 137.45 through 137.80 in consid-
which the facility is located that is in- ering the ability to detect the presence
cidental to the information obtained or likely presence of oil by appropriate
during the inquiry of the environ- investigation. The report of the envi-
mental professional. ronmental professional should include
(c) To the extent necessary to an opinion under § 137.35(c)(4) regarding

achieve the objectives and performance whether additional appropriate inves-
factors of § 137.30(a) and (b), the person tigation is necessary.
79
Pt. 138 33 CFR Ch. I (7–1–20 Edition)
PART 138—FINANCIAL RESPONSI- Subpart A—Financial Responsi-

BILITY FOR WATER POLLUTION bility for Water Pollution (Ves-
(VESSELS) AND OPA 90 LIMITS OF sels)
LIABILITY (VESSELS, DEEPWATER
§ 138.10 Scope.
PORTS AND ONSHORE FACILI-
TIES) This subpart sets forth the proce-
dures by which an operator of a vessel
Subpart A—Financial Responsibility for must establish and maintain, for itself
Water Pollution (Vessels) and for the owners and demise
charterers of the vessel, evidence of fi-
Sec. nancial responsibility required by Sec-
138.10 Scope. tion 1016(a) of the Oil Pollution Act of
138.15 Applicability. 1990, as amended (OPA 90) (33 U.S.C.
138.20 Definitions. 2716), and Section 108 of the Com-
138.30 General. prehensive Environmental Response,
138.40 Forms. Compensation, and Liability Act of
138.45 Where to apply for and renew Certifi- 1980, as amended (CERCLA) (42 U.S.C.
cates. 9608), equal to the total applicable
138.50 Time to apply. amount determined under this subpart
138.60 Applications, general instructions. and sufficient to cover their liability
138.65 Issuance of Certificates. arising under—
138.70 Renewal of Certificates. (a) Sections 1002 and 1004 of OPA 90
138.80 Financial responsibility, how estab- (33 U.S.C. 2702, 2704); and
lished.
(b) Section 107 of CERCLA (42 U.S.C.
138.85 Implementation schedule for amend-
9607).
ments to applicable amounts by regula-
tion.
138.90 Individual and Fleet Certificates.
138.100 Non-owning operator’s responsibility (a) This subpart applies to the oper-
for identification. ator as defined herein of —
138.110 Master Certificates. (1) A tank vessel of any size, and a
138.120 Certificates, denial or revocation. foreign-flag vessel of any size, using
138.130 Fees. the waters of the exclusive economic
138.140 Enforcement. zone to transship or lighter oil (wheth-
138.150 Service of process. er delivering or receiving) destined for
a place subject to the jurisdiction of
Subpart B—OPA 90 Limits of Liability (Ves- the United States; and
sels, Deepwater Ports and Onshore Fa- (2) Any vessel using the navigable
cilities) waters of the United States or any port
138.200 Scope.
or other place subject to the jurisdic-
138.210 Applicability.
tion of the United States, including a
vessel using an offshore facility subject
138.230 Limits of liability. to the jurisdiction of the United
138.240 Procedure for updating limits of li- States, except—
ability to reflect significant increases in (i) A vessel that is 300 gross tons or
the Consumer Price Index (Annual CPI– less; or
U) and statutory changes. (ii) A non-self-propelled barge that
does not carry oil as cargo or fuel and
AUTHORITY: 33 U.S.C. 2704, 2716, 2716a; 42
U.S.C. 9608, 9609; 6 U.S.C. 552; E.O. 12580, Sec.
does not carry hazardous substances as
7(b), 3 CFR, 1987 Comp., p. 193; E.O. 12777, cargo.
Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as (b) For the purposes of financial re-
amended by E.O. 13286, Sec. 89, 3 CFR, 2004 sponsibility under OPA 90, a mobile off-
Comp., p. 166, and by E.O. 13638, Sec. 1, 3 shore drilling unit is treated as a tank
CFR, 2014 Comp., p.227; Department of Home- vessel when it is being used as an off-
land Security Delegation Nos. 0170.1 and 5110, shore facility and there is a discharge,
Revision 01. Section 138.30 also issued under or a substantial threat of a discharge,
the authority of 46 U.S.C. 2103 and 14302. of oil on or above the surface of the
SOURCE: USCG–2005–21780, 73 FR 53697, water. A mobile offshore drilling unit
Sept. 17, 2008, unless otherwise noted. is treated as a vessel other than a tank
80
vessel when it is not being used as an proprietary. A hazardous substance or

offshore facility. oil carried solely for use aboard the
(c) In addition to a non-self-propelled carrying vessel is not Cargo.
barge over 300 gross tons that carries CERCLA means title I of the Com-
hazardous substances as cargo, for the prehensive Environmental Response,
purposes of financial responsibility Compensation, and Liability Act of
under CERCLA, this subpart applies to 1980, as amended (42 U.S.C. 9601–9675).
a self-propelled vessel over 300 gross Certificant means an operator who
tons, even if it does not carry haz- has a current Certificate issued by the
ardous substances. U.S. Coast Guard, National Pollution
(d) This subpart does not apply to op- Funds Center (NPFC) under this sub-
erators of public vessels. part.
Certificate means a Vessel Certificate
§ 138.20 Definitions. of Financial Responsibility (Water Pol-
(a) As used in this subpart, the fol- lution) (Form CG–5585) issued by the
lowing terms have the meaning as set NPFC under this subpart, as provided
forth in— in § 138.65.
(1) Section 1001 of the Oil Pollution Day or days means calendar days. If a
Act of 1990 (33 U.S.C. 2701), respecting deadline specified in this subpart falls
the financial responsibility referred to on a weekend or Federal holiday, the
in § 138.10(a): claim, claimant, damages, deadline will occur on the next work-
discharge, exclusive economic zone, liable, ing day. Compliance with a submission
liability, navigable waters, mobile offshore deadline will be determined based on
drilling unit, natural resources, offshore the day the submission is received by
facility, oil, owner or operator, person, re- NPFC.
move, removal, removal costs, security in- Director, NPFC means the head of the
terest, and United States; and NPFC.
(2) Section 101 of the Comprehensive E–COFR means the Electronic Cer-
Environmental Response, Compensa- tificate of Financial Responsibility
tion, and Liability Act (42 U.S.C. 9601), web-based process located on the NPFC
respecting the financial responsibility Web site (https://npfc.uscg.mil/cofr/de-
referred to in § 138.10(b): claim, claimant, fault.aspx), which may be used by oper-
damages, environment, hazardous sub- ators to apply for and renew Certifi-
stance, liable, liability, navigable waters, cates.
natural resources, offshore facility, owner Financial guarantor means a guar-
or operator, person, release, remove, re- antor who provides a financial guar-
moval, security interest, and United anty under § 138.80(b)(4), and is distinct
States. from an insurer, a self-insurer or a sur-
(b) As used in this subpart — ety.
Acts means OPA 90 and CERCLA. Financial responsibility means the
Applicable amount means an amount statutorily required financial ability
of financial responsibility that must be to meet a responsible party’s liability
demonstrated under this subpart, de- under the Acts.
termined under § 138.80(f)(1) for OPA 90 Fish tender vessel and fishing vessel
or § 138.80(f)(2) for CERCLA. have the same meaning as set forth in
Applicant means an operator who has 46 U.S.C. 2101.
applied for a Certificate or for the re- Fuel means any oil or hazardous sub-
newal of a Certificate under this substance used or capable of being used to
part. produce heat or power by burning, in-
Application means an Application for cluding power to operate equipment. A
Vessel Certificate of Financial Respon- hand-carried pump with not more than
sibility (Water Pollution) (Form CG– five gallons of fuel capacity, that is
5585), which can be obtained from the neither integral to nor regularly stored
U.S. Coast Guard, National Pollution aboard a non-self-propelled barge, is
Funds Center as provided in §§ 138.40 not equipment.
and 138.45. Guarantor means any person, other
Cargo means goods or materials on than a responsible party, who provides

board a vessel for purposes of transpor- evidence of financial responsibility
tation, whether proprietary or non- under the Acts on behalf of a vessel’s
81
§ 138.20 33 CFR Ch. I (7–1–20 Edition)
responsible parties. A responsible party cate of Documentation or equivalent

who can qualify as a self-insurer under document has been issued, the owner is
§ 138.80(b)(3) may act as both a self-in- considered to be the person or persons
surer of vessels owned, operated or de- whose name or names appear thereon
mise chartered by the responsible as owner. Owner does not include a per-
party, and as a financial guarantor for son who, without participating in the
the responsible parties of other vessels management of a vessel, holds indicia
under § 138.80(b)(4). of ownership primarily to protect the
Hazardous material means a liquid owner’s security interest in the vessel.
material or substance that is— Public vessel means a vessel owned or
(1) Flammable or combustible;
bareboat chartered by the United
(2) A hazardous substance designated
States, or by a State or political sub-
under Section 311(b) of the Federal
Water Pollution Control Act (33 U.S.C. division thereof, or by a foreign nation,
1321(b)); or except when the vessel is engaged in
(3) Designated a hazardous material commerce.
under the Hazardous Materials Trans- Responsible party, for purposes of OPA
portation Act, Section 104 (46 U.S.C. 90 financial responsibility has the same
5103(a)) (1994). meaning as defined at 33 U.S.C. 2701(32),
Incident means any occurrence or se- and for purposes of CERCLA financial
ries of occurrences having the same or- responsibility means any person who is
igin, involving one or more vessels, fa- an owner or operator, as defined at 42
cilities, or any combination thereof, U.S.C. 9601(20), including any person
resulting in the discharge or substan- chartering a vessel by demise.
tial threat of discharge of oil into or Self-elevating lift vessel means a vessel
upon the navigable waters or adjoining with movable legs capable of raising its
shorelines or the exclusive economic hull above the surface of the sea and
zone. that is an offshore work boat (such as
Insurer is a type of guarantor and a work barge) that does not engage in
means one or more insurance compa- drilling operations.
nies, associations of underwriters, ship
Tank vessel means a vessel (other
owners’ protection and indemnity asso-
than an offshore supply vessel, a fish-
ciations, or other persons, each of
which must be acceptable to the Direc- ing vessel or a fish tender vessel of 750
tor, NPFC. gross tons or less that transfers fuel
Master Certificate means a Certificate without charge to a fishing vessel
issued under this subpart to a person owned by the same person, or a towing
who is a builder, repairer, scrapper, les- or pushing vessel (tug) simply because
sor, or seller of a vessel and is acting as it has in its custody a tank barge) that
the vessel’s operator. is constructed or adapted to carry, or
Offshore supply vessel has the same that carries, oil or liquid hazardous
meaning as set forth in 46 U.S.C. 2101. material in bulk as cargo or cargo res-
OPA 90 means the Oil Pollution Act idue, and that—
of 1990 (33 U.S.C. 2701, et seq.). (1) Is a vessel of the United States;
Operator means a person who is an (2) Operates on the navigable waters;
owner, a demise charterer, or other or
contractor, who conducts the operation (3) Transfers oil or hazardous mate-
of, or who is responsible for the oper- rial in a place subject to the jurisdic-
ation of, a vessel. A builder, repairer, tion of the United States.
scrapper, lessor, or seller who is re- Total applicable amount means the
sponsible, or who agrees by contract to amount determined under § 138.80(f)(3).
become responsible, for a vessel is an
Vessel means every description of
operator. A time or voyage charterer
watercraft or other artificial contriv-
that does not assume responsibility for
the operation of a vessel is not an oper- ance used, or capable of being used, as
ator for the purposes of this subpart. a means of transportation on water.
Owner means any person holding [USCG–2005–21780, 73 FR 53697, Sept. 17, 2008,
legal or equitable title to a vessel. In a as amended by USCG–2012–0306, 77 FR 37315,
case where a U.S. Coast Guard Certifi- June 21, 2012]
82
§ 138.30 General. nage, as referred to in this part, is de-

termined as follows:
(a) The regulations in this subpart
(1) For a documented U.S. vessel
set forth the procedures for an operator
measured under both 46 U.S.C. Chap-
of a vessel subject to this subpart to ters 143 (Convention Measurement) and
demonstrate that the responsible par- 145 (Regulatory Measurement). The
ties of the vessel are financially able to vessel’s regulatory gross tonnage is
meet their potential liability for costs used to determine whether the vessel
and damages in the applicable amounts exceeds 300 gross tons where that
set forth in this subpart at § 138.80(f). threshold applies under the Acts. If the
Although the owners, operators, and vessel’s regulatory gross tonnage is de-
demise charterers of a vessel are strict- termined under the Dual Measurement
ly, jointly and severally liable under System in 46 CFR part 69, subpart D,
OPA 90 and CERCLA for the costs and the higher gross tonnage is the regu-
damages resulting from each incident latory gross tonnage for the purposes
or release or threatened release, to- of determining whether the vessel
gether they need only establish and meets the 300 gross ton threshold. The
maintain evidence of financial respon- vessel’s gross tonnage as measured
sibility under this subpart equal to the under the International Convention on
combined OPA 90 and CERCLA limits Tonnage Measurement of Ships, 1969
of liability arising from a single inci- (Convention), is used to determine the
dent and a single release, or threatened vessel’s required applicable amounts of
release. Only that portion of the total financial responsibility, and limit of li-
applicable amount of financial respon- ability under Section 1004 of OPA 90 (33
sibility demonstrated under this sub- U.S.C. 2704), including subpart B of this
part with respect to— part, and Section 107 of CERCLA (42
(1) OPA 90 is required to be made U.S.C. 9607).
available by a vessel’s responsible par- (2) For all other United States ves-
ties and guarantors for the costs and sels. The vessel’s gross tonnage under
damages related to an incident where 46 CFR part 69 is used for determining
there is not also a release or threat- the vessel’s 300 gross ton threshold, the
ened release; and required applicable amounts of finan-
(2) CERCLA is required to be made cial responsibility, and limits of liabil-
available by a vessel’s responsible par- ity under Section 1004 of OPA 90 (33
ties and guarantors for the costs and U.S.C. 2704), including subpart B of this
damages related to a release or threat- part, and Section 107 of CERCLA (42
ened release where there is not also an U.S.C. 9607). If the vessel’s gross ton-
incident. A guarantor (or a self-insurer nage is determined under the Dual
for whom the exceptions to limitations Measurement System, the higher gross
of liability are not applicable), there- tonnage is used in all determinations.
fore, is not required to apply the entire (d) For a vessel of a foreign country
total applicable amount of financial re- that is a party to the Convention, gross
sponsibility demonstrated under this tons or gross tonnage, as referred to in
subpart to an incident involving oil this part, is determined as follows:
alone or a release or threatened release (1) For a vessel assigned, or presently
involving a hazardous substance alone. required to be assigned, gross tonnage
(b) Where a vessel is operated by its under Annex I of the Convention. The
owner or demise charterer, or the vessel’s gross tonnage as measured
owner or demise charterer is respon- under Annex I of the Convention is
sible for its operation, the owner or de- used for determining the 300 gross ton
mise charterer is considered to be the threshold, if applicable, the required
operator for purposes of this subpart, applicable amounts of financial respon-
and must submit the Application and sibility, and limits of liability under
requests for renewal for a Certificate. Section 1004(a) of OPA 90 (33 U.S.C.
In all other cases, the vessel operator 2704), including subpart B of this part,
must submit the Application or re- and under Section 107 of CERCLA (42
quests for renewal. U.S.C. 9607).

(c) For a United States-flag vessel, (2) For a vessel not presently re-
the applicable gross tons or gross ton- quired to be assigned gross tonnage
83
§ 138.40 33 CFR Ch. I (7–1–20 Edition)
under Annex I of the Convention. The tion 107 of CERCLA (42 U.S.C. 9607).
highest gross tonnage that appears on The measurement standards applied
the vessel’s U.S. Coast Guard Certifi- are subject to applicable international
cate of Documentation or equivalent agreements to which the United States
document and that is acceptable to the is a party.
Coast Guard under 46 U.S.C. chapter 143 (f) A person who agrees to act as a
is used for determining the 300 gross guarantor or a self-insurer is bound by
ton threshold, if applicable, the re- the vessel’s gross tonnage as deter-
quired applicable amounts of financial mined under paragraphs (c), (d), or (e)
responsibility, and limits of liability of this section, regardless of what gross
under Section 1004 of OPA 90 (33 U.S.C. tonnage is specified in an Application
2704), including subpart B of this part, or guaranty form submitted under this
and Section 107 of CERCLA (42 U.S.C. subpart. Guarantors, however, may
9607). If the vessel has no document, or limit their liability under a guaranty
the gross tonnage appearing on the of financial responsibility to the appli-
document is not acceptable under 46 cable gross tonnage appearing on a ves-
U.S.C. chapter 143, the vessel’s gross sel’s International Tonnage Certificate
tonnage is determined by applying the or other official, applicable certificate
Convention Measurement System of measurement and will not incur any
under 46 CFR part 69, subpart B, or if greater liability with respect to that
applicable, the Simplified Measure- guaranty, except when the guarantors
ment System under 46 CFR part 69, knew or should have known that the
subpart E. The measurement standards applicable tonnage certificate was in-
applied are subject to applicable inter- correct.
national agreements to which the
United States Government is a party. § 138.40 Forms.
(e) For a vessel of a foreign country All forms referred to in this subpart
that is not a party to the Convention, may be obtained from NPFC by re-
gross tons or gross tonnage, as referred questing them in writing at the address
to in this part, is determined as fol- given in § 138.45(a) or by clicking on the
lows: Forms link at the NPFC E–COFR Web
(1) For a vessel measured under laws site, https://npfc.uscg.mil/cofr/de-
and regulations found by the Com- fault.aspx.
mandant to be similar to Annex I of [USCG–2005–21780, 73 FR 53697, Sept. 17, 2008,
the Convention. The vessel’s gross ton- as amended by USCG–2012–0306, 77 FR 37315,
nage under the similar laws and regula- June 21, 2012]
tions is used for determining the 300
gross ton threshold, if applicable, the § 138.45 Where to apply for and renew
required applicable amounts of finan- Certificates.
cial responsibility, and limits of liabil- (a) An operator must submit all Ap-
ity under Section 1004 of OPA 90 (33 plications for a Certificate and all re-
U.S.C. 2704), including subpart B of this quests for renewal of a Certificate, to-
part, and Section 107 of CERCLA (42 gether with all evidence of financial re-
U.S.C. 9607). The measurement stand- sponsibility required under § 138.80 and
ards applied are subject to applicable all fees required under § 138.130, to the
international agreements to which the NFPC at the following address: Direc-
United States Government is a party. tor National Pollution Funds Center,
(2) For a vessel not measured under Coast Guard Stop 7605, 2703 Martin Lu-
laws and regulations found by the Com- ther King Jr. Avenue SE., Washington,
mandant to be similar to Annex I of DC 20593–7605, telephone 202–795–6130,
the Convention. The vessel’s gross ton- fax 202–795–6123; or electronically using
nage under 46 CFR part 69, subpart B, NPFC’s E–COFR Web-based process at
or, if applicable, subpart E, is used for https://npfc.uscg.mil/cofr/default.aspx
determining the 300 gross ton thresh- (b) All requests you have for assist-
old, if applicable, the required applica- ance in completing Applications, re-
ble amount of financial responsibility, quests for renewal and other submis-
and the limits of liability under Sec- sions under this subpart, including
tion 1004 of OPA 90 (33 U.S.C. 2704), in- telephone inquiries, should be directed
cluding subpart B of this part, and Sec- to the U.S. Coast Guard NPFC at the
84
addresses in paragraph (a) of this sec- tifying the signer’s authority to sign
tion. on behalf of the applicant.
[USCG–2005–21780, 73 FR 53697, Sept. 17, 2008, (e) If, before the issuance of a Certifi-
as amended by USCG–2009–0416, 74 FR 27441, cate, the applicant becomes aware of a
June 10, 2009; USCG–2012–0306, 77 FR 37315, change in any of the facts contained in
June 21, 2012; USCG–2013–0397, 78 FR 39175, the Application or supporting docu-
July 1, 2013; USCG–2016–0498, 82 FR 35082, mentation, the applicant must, within
July 28, 2017]
5 business days of becoming aware of
§ 138.50 Time to apply. the change, notify the Director, NPFC,
in writing, of the changed facts.
(a) A vessel operator who wishes to
obtain a Certificate must submit a § 138.65 Issuance of Certificates.
completed Application form and all re-
quired supporting evidence of financial Upon the satisfactory demonstration
responsibility, and must pay all appli- of financial responsibility and payment
cable fees, at least 21 days prior to the of all fees due, the Director, NPFC, will
date the Certificate is required. The issue a Vessel Certificate of Financial
Director, NPFC, may grant an exten- Responsibility (Water Pollution) (Form
sion of this 21-day deadline upon writ- CG–5585) in electronic form. Copies of
ten request and for good cause shown. the Certificate may be downloaded
An applicant seeking an extension of from NPFC’s E–COFR Web site.
this deadline must set forth the rea-
sons for the extension request and de- § 138.70 Renewal of Certificates.
liver the request to the Director, (a) The operator of a vessel required
NPFC, at least 15 days before the dead- to have a Certificate under this subpart
line. The Director, NPFC, will not con- must submit a written or E–COFR re-
sider a request for an extension of more
quest for renewal of the Certificate to
than 60 days.
the NPFC at least 21 days, but not ear-
(b) The Director, NPFC, generally
processes Applications and requests for lier than 90 days, before the expiration
renewal in the order in which they are date of the Certificate. A letter may be
received at the NPFC. used for this purpose. The request for
renewal must comply in all other re-
§ 138.60 Applications, general instruc- spects with the requirements in § 138.60
tions. concerning Applications. The Director,
(a) You may obtain an Application NPFC, may waive this 21-day require-
for Vessel Certificate of Financial Re- ment for good cause shown.
sponsibility (Water Pollution) (Form (b) The operator must identify in the
CG–5585) by following the instructions request for renewal any changes which
in §§ 138.40 and 138.45. have occurred since the original Appli-
(b) Your Application and all sup- cation for a Certificate was filed, and
porting documents must be in English, must set forth the correct information
and express all monetary terms in in full.
United States dollars.
(c) An authorized official of the ap- § 138.80 Financial responsibility, how
plicant must sign the signature page of established.
the Application. The title of the signer (a) General. In addition to submitting
must be shown in the space provided on an Application, requests for renewal,
the Application. The operator must
and fees, an applicant must file, or
submit the original signature page of
cause to be filed, with the Director,
the Application to NPFC in hard copy.
(d) If the signer is not identified on NPFC, evidence of financial responsi-
the Application as an individual (sole bility acceptable to the Director,
proprietor) applicant, a partner in a NPFC, in an amount equal to the total
partnership applicant, or a director, applicable amount determined under
chief executive officer, or any other § 138.80(f)(3). A guarantor may file the
duly authorized officer of a corporate evidence of financial responsibility on

applicant, the Application must be ac- behalf of the applicant directly with
companied by a written statement cer- the Director, NPFC.
85
§ 138.80 33 CFR Ch. I (7–1–20 Edition)
(b) Methods. An applicant or cial) of the applicant or certificant cer-

certificant must establish and main- tifying both the amount of current as-
tain evidence of financial responsi- sets and the amount of total assets in-
bility by one or more of the following cluded in the accompanying balance
methods: sheet, which are located in the United
(1) Insurance. By filing with the Di- States. If the financial statements can-
rector, NPFC, an Insurance Guaranty not be submitted in non-consolidated
(Form CG–5586) or, when applying for a form, a consolidated statement may be
Master Certificate under § 138.110, a submitted if accompanied by an addi-
Master Insurance Guaranty (Form CG– tional statement prepared by the same
5586–1), executed by not more than four Certified Public Accountant, verifying
insurers that have been found accept- the amount by which the applicant’s or
able by, and remain acceptable to, the certificant’s—
Director, NPFC, for purposes of this (A) Total assets located in the United
subpart. States exceed its total (i.e., worldwide)
(2) Surety bond. By filing with the Di- liabilities; and
rector, NPFC, a Surety Bond Guaranty (B) Current assets located in the
(Form CG–5586–2), executed by not United States exceed its total (i.e.,
more than 10 acceptable surety compa- worldwide) current liabilities. This ad-
nies certified by the United States De- ditional Certified Public Accountant
partment of the Treasury with respect statement must specifically name the
to the issuance of Federal bonds in the applicant or certificant, indicate that
maximum penal sum of each bond to be the amounts so verified relate only to
issued under this subpart. the applicant or certificant, apart from
(3) Self-insurance. By filing with the any other affiliated entity, and iden-
Director, NPFC, the financial state- tify the consolidated financial state-
ments specified in paragraph (b)(3)(i) of ment to which it applies.
this section for the applicant’s fiscal (ii) Semiannual self-insurance submis-
year preceding the date of Application sions. When the self-insuring appli-
and by demonstrating that the applicant’s or certificant’s demonstrated
cant or certificant maintains, in the net worth is not at least ten times the
United States, working capital and net total applicable amount of financial re-
worth each in amounts equal to or sponsibility determined under
greater than the total applicable § 138.80(f)(3), the applicant’s or
amount determined under § 138.80(f)(3), certificant’s Treasurer (or equivalent
based on a vessel carrying hazardous official) must file affidavits with the
substances as cargo. As used in this Director, NPFC, covering the first six
paragraph, working capital means the months of the applicant’s or
amount of current assets located in the certificant’s current fiscal year. The
United States, less all current liabil- affidavits must state that neither the
ities anywhere in the world; and net working capital nor the net worth
worth means the amount of all assets have, during the first six months of the
located in the United States, less all li- current fiscal year, fallen below the ap-
abilities anywhere in the world. For plicant’s or certificant’s required total
each fiscal year after the initial filing, applicable amount of financial respon-
the applicant or certificant must also sibility as determined under this sub-
submit statements as follows: part.
(i) Initial and annual filings. An appli- (iii) Additional self-insurance submis-
cant or certificant must submit an- sions. A self-insuring applicant or
nual, current, and audited non-consoli- certificant—
dated financial statements prepared in (A) Must, upon request of the Direc-
accordance with Generally Accepted tor, NPFC, within the time specified in
Accounting Principles, and audited by the request, file additional financial in-
an independent Certified Public Ac- formation; and
countant in accordance with Generally (B) Must notify the Director, NPFC,
Accepted Auditing Standards. These fi- within 5 business days of the date the
nancial statements must be accom- applicant or certificant knows, or has

panied by an additional statement reason to know, that its working cap-
from the Treasurer (or equivalent offi- ital or net worth has fallen below the
86
total applicable amounts required by (4) Financial guaranty. By filing with

this subpart. the Director, NPFC, a Financial Guar-
(iv) Time for self-insurance filings. All anty (Form CG–5586–3), or, when apply-
required annual financial statements ing for a Master Certificate, a Master
must be received by the Director, Financial Guaranty (Form CG–5586–4),
NPFC, within 90 days after the close of executed by not more than four finan-
the applicant’s or certificant’s fiscal cial guarantors, including, but not lim-
year, and all affidavits required by ited to, a parent or affiliate acceptable
paragraph (b)(3)(ii) of this section must to the Director, NPFC. A financial
be received by the Director, NPFC, guarantor must comply with all of the
within 30 days after the close of the ap- self-insurance provisions of paragraph
plicable six-month period. The Direc- (b)(3) of this section. In addition, a per-
tor, NPFC, may grant an extension of son who is a financial guarantor for
the time limits for filing the annual fi- more than one applicant or certificant
nancial statements, semi-annual affi- must have working capital and net
davits or additional financial informa- worth no less than the aggregate total
tion upon written request and for good applicable amounts of financial respon-
cause shown. An applicant or sibility determined under § 138.80(f)(3)
certificant seeking an extension of any provided as a financial guarantor for
deadline must set forth the reasons for each applicant or certificant, plus the
the extension request and deliver the total applicable amount required to be
request to the Director, NPFC, at least demonstrated by a self-insurer under
15 days before the annual financial this subpart if the financial guarantor
statements, affidavits or additional in- is also acting as a self-insurer.
formation are due. The Director, (5) Other evidence of financial responsi-
NPFC, will not consider a request for bility. The Director, NPFC, will not ac-
an extension of more than 60 days. cept a self-insurance method other
than the one described in paragraph
(v) Failure to submit. The Director,
(b)(3) of this section. An applicant may
NPFC, may deny or revoke a Certifi-
in writing request that the Director,
cate for failure of the applicant or
NPFC, accept a method different from
certificant to timely file any state-
one described in paragraph (b)(1), (2), or
ment, data, notification, or affidavit
(4) of this section to demonstrate evi-
required by paragraph (b)(3) of this sec-
dence of financial responsibility. An
tion.
applicant submitting a request under
(vi) Waiver of working capital. The Di- this paragraph must submit the re-
rector, NPFC, may waive the working quest to the Director, NPFC, at least 45
capital requirement for any applicant days prior to the date the Certificate is
or certificant that— required. The applicant must describe
(A) Is a regulated public utility, a in detail the method proposed, the rea-
municipal or higher-level govern- sons why the applicant does not wish
mental entity, or an entity operating to use or is unable to use one of the
solely as a charitable, non-profit orga- methods described in paragraph (b)(1),
nization qualifying under Section (2), or (4) of this section, and how the
501(c) Internal Revenue Code. The ap- proposed method assures that the re-
plicant or certificant must dem- sponsible parties for the vessel are able
onstrate in writing that the grant of a to fulfill their obligations to pay costs
waiver would benefit a local public in- and damages in the event of an inci-
terest; or dent or a release or threatened release.
(B) Demonstrates in writing that The Director, NPFC, will not accept a
working capital is not a significant method under this paragraph that
factor in the applicant’s or merely deletes or alters a provision of
certificant’s financial condition. An one of the methods described in para-
applicant’s or certificant’s net worth in graph (b)(1), (2), or (4) of this section
relation to the amount of its required (for example, one that alters the termi-
total applicable amount of financial re- nation clause of the Insurance Guar-
sponsibility and a history of stable op- anty (Form CG–5586). An applicant that
erations are the major elements con- makes a request under this paragraph
sidered by the Director, NPFC. must provide the Director, NPFC, a
87
§ 138.80 33 CFR Ch. I (7–1–20 Edition)
proposed guaranty form that includes right of subrogation) for costs or dam-
all the elements described in para- ages arising under the provisions of the
graphs (c) and (d) of this section. A de- Acts, may be brought directly against
cision of the Director, NPFC, not to ac- the insurer or other guarantor. The
cept a method requested by an appli- evidence of financial responsibility
cant under this paragraph is final agen- must also provide that, in the event an
cy action. action is brought under the Acts di-
(c) Forms—(1) Multiple guarantors. rectly against the insurer or other
Four or fewer insurers (a lead under- guarantor, the insurer or other guar-
writer is considered to be one insurer) antor may invoke only the following
may jointly execute an Insurance rights and defenses:
Guaranty (Form CG–5586) or a Master (i) The incident, release, or threat-
Insurance Guaranty (Form CG–5586–1). ened release was caused by the willful
Ten or fewer sureties (including lead misconduct of the person for whom the
sureties) may jointly execute a Surety guaranty is provided.
Bond Guaranty (Form CG–5586–2). Four (ii) Any defense that the person for
or fewer financial guarantors may whom the guaranty is provided may
jointly execute a Financial Guaranty raise under the Acts.
(Form CG–5586–3). If more than one in- (iii) A defense that the amount of a
surer, surety, or financial guarantor claim or claims, filed in any action in
executes the relevant form— any court or other proceeding, exceeds
(i) Each is bound for the payment of the amount of the guaranty with re-
sums only in accordance with the per- spect to an incident or with respect to
centage of vertical participation speci- a release or threatened release.
fied on the relevant form for that in- (iv) A defense that the amount of a
surer, surety, or financial guarantor. claim or claims that exceeds the
Participation in the form of layering amount of the guaranty, which amount
(tiers, one in excess of another) is not is based on the gross tonnage of the
acceptable; only vertical participation vessel as entered on the vessel’s Inter-
on a percentage basis and participation national Tonnage Certificate or other
with no specified percentage allocation official, applicable certificate of meas-
is acceptable. If no percentage of par- urement, except when the guarantor
ticipation is specified for an insurer, knew or should have known that the
surety, or financial guarantor, the li- applicable tonnage certificate was in-
ability of that insurer, surety, or finan- correct.
cial guarantor is joint and several for (v) The claim is not one made under
the total of the unspecified portions; either of the Acts.
and (2) Limitation on guarantor liability. A
(ii) The guarantors must designate a guarantor that participates in any evi-
lead guarantor having authority to dence of financial responsibility under
bind all guarantors for actions required this subpart will be liable because of
of guarantors under the Acts, including that participation, with respect to an
but not limited to receipt of designa- incident or a release or threatened re-
tion of source, advertisement of a des- lease, in any proceeding only for the
ignation, and receipt and settlement of amount and type of costs and damages
claims. specified in the evidence of financial
(2) Operator name. An applicant or responsibility. A guarantor will not be
certificant must ensure that each form considered to have consented to direct
submitted under this subpart sets forth action under any law other than the
in full the correct legal name of the Acts, or to unlimited liability under
vessel operator to whom a Certificate any law or in any venue, solely because
is to be issued. of the guarantor’s participation in pro-
(d) Direct action—(1) Acknowledgment. viding any evidence of financial re-
Any evidence of financial responsi- sponsibility under this subpart. In the
bility filed with the Director, NPFC, event of any finding that liability of a
under this subpart must contain an ac- guarantor exceeds the amount of the
knowledgment by each insurer or other guaranty provided under this subpart,

guarantor that an action in court by a that guaranty is considered null and
claimant (including a claimant by void with respect to that excess.
88
(e) Public access to data. Financial quest for renewal when the Director,
data filed with the Director, NPFC, by NPFC, determines that acceptable evi-
an applicant, certificant, and any other dence of financial responsibility has
person is considered public information been provided and appropriate fees
to the extent required by the Freedom have been paid, except where a Fleet
of Information Act (5 U.S.C. 552) and Certificate is issued under this section
permitted by the Privacy Act (5 U.S.C. or where a Master Certificate is issued
552a). under § 138.110. Each Certificate of any
(f) Total applicable amount. The total type issued under this subpart is issued
applicable amount is determined as fol- only in the name of a vessel operator
lows: and is effective for not more than 3
(1) The applicable amount under OPA years from the date of issuance, as in-
90 is equal to the applicable vessel dicated on each Certificate. An author-
limit of liability, which is determined ized official of the applicant may sub-
as provided in subpart B of this part. mit to the Director, NPFC, a letter re-
(2) The applicable amount under questing that additional vessels be
CERCLA is determined as follows: added to a previously submitted Appli-
(i) For a vessel over 300 gross tons cation for an individual Certificate.
carrying a hazardous substance as The letter must set forth all informa-
cargo, the greater of $5,000,000 or $300 tion required in item 5 of the Applica-
per gross ton. tion form. The authorized official must
(ii) For any other vessel over 300 also file, or cause to be filed with the
gross tons, the greater of $500,000 or Director, NPFC, acceptable evidence of
$300 per gross ton. financial responsibility, if required,
(3) The total applicable amount is the and must pay all applicable certifi-
applicable amount determined under cation fees for the additional vessels.
paragraph (f)(1) of this section plus the (b) An operator of a fleet of two or
applicable amount determined under more barges that are not tank vessels
paragraph (f)(2) of this section.
and that from time to time may be
§ 138.85 Implementation schedule for subject to this subpart (e.g., a hopper
amendments to applicable amounts barge over 300 gross tons when carrying
by regulation. oily metal shavings or similar cargo)
Each operator of a vessel described in may apply to the Director, NPFC, for
§ 138.15 must establish evidence of fi- issuance of a Fleet Certificate, so long
nancial responsibility acceptable to as the operator of such a fleet is a self-
the Director, NPFC, in an amount insurer or arranges with an acceptable
equal to or greater than the total ap- guarantor to cover, automatically, all
plicable amounts determined under such barges for which the operator may
§ 138.80(f), by not later than January 15, from time to time be responsible.
2009. In the event an applicable amount (c) A person must not make any al-
determined under § 138.80(f) is there- teration on any copy of a Certificate
after amended by regulation, each op- issued under this subpart.
erator of a vessel described in § 138.15 (d) If, at any time after a Certificate
must establish evidence of financial re- has been issued, a certificant becomes
sponsibility acceptable to the Director, aware of a change in any of the facts
NPFC, in an amount equal to or great- contained in the Application or sup-
er than the amended total applicable porting documentation, the certificant
amount, by not later than 90 days after must notify the Director, NPFC, in
the effective date of the final rule, un- writing within 10 days of becoming
less another date is required by statute aware of the change. A vessel or oper-
or specified in the amending regula- ator name change or change of a guar-
tion. antor must be reported by the operator
as soon as possible by telefax or other
§ 138.90 Individual and Fleet Certifi- electronic means to the Director,
cates. NPFC, and followed by a written notice
(a) The Director, NPFC, issues an in- sent within 3 business days. (See,
dividual Certificate for each vessel list- § 138.45, Where to apply for and renew
ed on a completed Application or re- Certificates, for contact information).
89
§ 138.100 33 CFR Ch. I (7–1–20 Edition)
(e) Except as provided in § 138.90(f), at request, for examination and copying,

the moment a certificant ceases to be to a United States Government official.
the operator of a vessel for any reason,
including a vessel that is scrapped or § 138.110 Master Certificates.
transferred to a new operator, the indi- (a) A contractor or other person who
vidual Certificate naming the vessel is is responsible for a vessel in the capac-
void and its further use is prohibited. ity of a builder, scrapper, lessor, or
In that case, the certificant must, seller (including a repairer who agrees
within 10 business days of the Certifi- to be responsible for a vessel under its
cate becoming void, submit the fol- custody) may apply for a Master Cer-
lowing information in writing to the tificate instead of applying for an indi-
Director, NPFC: vidual Certificate or Fleet Certificate
(1) The number of the individual Cer- for each vessel. A Master Certificate
tificate and the name of the vessel. covers all of the vessels subject to this
(2) The date and reason why the subpart held by the applicant solely for
certificant ceased to be the operator of purposes of construction, repair, scrap-
the vessel. ping, lease, or sale. A vessel which is
(3) The location of the vessel on the being operated commercially in any
date the certificant ceased to be the business venture, including the busi-
operator. ness of building, repairing, scrapping,
(4) The name and mailing address of leasing, or selling (e.g., a slop barge
the person to whom the vessel was sold used by a shipyard) cannot be covered
or transferred. by a Master Certificate. Any vessel for
(f) In the event of the temporary which a Certificate is required, but
transfer of custody of an unmanned which is not eligible for a Master Cer-
barge with a Certificate under this sub- tificate, must be covered by either an
part, where the certificant transferring individual Certificate or a Fleet Cer-
the barge continues to be liable under tificate.
the Acts and continues to maintain on (b) An applicant for a Master Certifi-
file with the Director, NPFC, accept- cate must submit an Application form
able evidence of financial responsi- in the manner prescribed by §§ 138.40
bility with respect to the barge, the ex- through 138.60. An applicant must es-
isting Certificate remains in effect in tablish evidence of financial responsi-
respect to that vessel, and a temporary bility in accordance with § 138.80, by
new Certificate is not required for the submission, for example, of an accept-
vessel. The temporary transferee is enable Master Insurance Guaranty Form,
couraged to require the transferring Surety Bond Guaranty Form, Master
certificant to acknowledge in writing Financial Guaranty Form, or accept-
that the transferring certificant agrees able self-insurance documentation. An
to remain responsible for pollution li- Application for a Master Certificate
abilities. must be completed in full, except for
Item 5. The applicant must make the
§ 138.100 Non-owning operator’s re- following statement in Item 5: ‘‘This is
sponsibility for identification. an application for a Master Certificate.
(a) Each operator that is not an The largest tank vessel to be covered
owner of a vessel with a Certificate by this application is [insert applicable
under this subpart, other than an un- gross tons] gross tons. The largest ves-
manned barge, must ensure that the sel other than a tank vessel is [insert
original or a legible copy of the demise applicable gross tons] gross tons.’’ The
charter-party (or other written docu- dollar amount of financial responsi-
ment on the owner’s letterhead, signed bility evidenced by the applicant must
by the vessel owner, which specifically be sufficient to meet the amount re-
identifies the vessel operator named on quired under this subpart.
the Certificate) is maintained on board (c) Each Master Certificate issued by
the vessel. the Director, NPFC, indicates—
(b) The demise charter-party or other (1) The name of the applicant (i.e.,
document required by paragraph (a) of the builder, repairer, scrapper, lessor,
this section must be presented, upon or seller);
90
(2) The date of issuance and termi- (4) Fails to comply with or respond to
nation, encompassing a period of not lawful inquiries, regulations, or orders
more than 3 years; and of the Coast Guard pertaining to the
(3) The gross tons of the largest tank activities subject to this subpart; or
vessel and gross tons of the largest ves- (5) Fails to timely file with the Di-
sel other than a tank vessel eligible for rector, NPFC, required statements,
coverage by that Master Certificate. data, notifications, or affidavits.
(The Master Certificate does not iden- (b) The Director, NPFC, may revoke
tify the name of each vessel covered by a Certificate when a certificant—
the Certificate.) (1) Willfully or knowingly makes a
(d) Each additional vessel which does false statement in connection with an
not exceed the respective tonnages in- Application for an initial or a renewal
dicated on the Master Certificate and Certificate, or in connection with any
which is eligible for coverage by a Mas- other filing required by this subpart;
ter Certificate is automatically cov- (2) Fails to comply with or respond to
ered by that Master Certificate. Before lawful inquiries, regulations, or orders
acquiring a vessel, by any means, in- of the Coast Guard pertaining to the
cluding conversion of an existing ves- activities subject to this subpart; or
sel, that would have the effect of in- (3) Fails to timely file with the Di-
creasing the certificant’s required ap- rector, NPFC, required statements,
plicable amount of financial responsi- data, notifications, or affidavits.
bility (above that provided for issuance (c) A Certificate is immediately in-
of the existing Master Certificate), the valid, and considered revoked, without
certificant must submit to the Direc- prior notice, when the certificant—
tor, NPFC, the following: (1) Fails to maintain acceptable evi-
(1) Evidence of increased financial re- dence of financial responsibility as re-
sponsibility. quired by this subpart;
(2) A new certification fee. (2) Is no longer the responsible oper-
(3) Either a new Application or a let- ator of the vessel or fleet in question;
ter amending the existing Application or
to reflect the new gross tonnage which (3) Alters any copy of a Certificate.
is to be indicated on a new Master Cer- (d) The Director, NPFC, will advise
tificate. the applicant or certificant, in writing,
(e) A person to whom a Master Cer- of the intention to deny or revoke a
tificate has been issued must submit to Certificate under paragraph (a) or (b) of
the Director, NPFC, every six months this section and will state the reason
beginning the month after the month for the decision. Written advice from
in which the Master Certificate is the Director, NPFC, that an incom-
issued, a report indicating the name, plete Application will be considered
previous name, type, and gross tonnage withdrawn unless it is completed with-
of each vessel covered by the Master in a stated period, is the equivalent of
Certificate during the preceding six- a denial.
month reporting period and indicating (e) If the intended revocation under
which vessels, if any, are tank vessels. paragraph (b) of this section is based
on failure to timely file required finan-
§ 138.120 Certificates, denial or revoca- cial statements, data, notifications, or
tion. affidavits with the Director, NPFC, the
(a) The Director, NPFC, may deny a revocation is effective 10 days after the
Certificate when an applicant— date of the notice of intention to re-
(1) Willfully or knowingly makes a voke, unless, before the effective date
false statement in connection with an of the revocation, the certificant dem-
Application or other submission or fil- onstrates to the satisfaction of the Di-
ing under this subpart for an initial or rector, NPFC, that the required docu-
renewal Certificate; ments were timely filed or have been
(2) Fails to establish acceptable evi- filed.
dence of financial responsibility as re- (f) If the intended denial is based on
quired by this subpart; paragraph (a)(1) or (a)(4) of this sec-

(3) Fails to pay the required Applica- tion, or the intended revocation is
tion or certification fees; based on paragraph (b)(1) or (b)(2) of
91
§ 138.130 33 CFR Ch. I (7–1–20 Edition)
this section, the applicant or (1) An Application for an additional

certificant may request, in writing, an (i.e., supplemental) individual Certifi-
opportunity to present information for cate,
the purpose of showing that the appli- (2) A request to amend or renew an
cant or certificant is in compliance existing Certificate, or
with the subpart. The request must be (3) An Application submitted within
received by the Director, NPFC, within 90 days following a revocation or other
10 days after the date of the notifica- invalidation of a Certificate.
tion of intention to deny or revoke. A (d) In addition to the Application fee
Certificate subject to revocation under of $200, an applicant must pay a certifi-
this paragraph remains valid until the cation fee of $100 for each vessel for
Director, NPFC, issues a written deci- which a Certificate is requested. An ap-
sion revoking the Certificate. plicant must pay the $100 certification
(g) An applicant or certificant whose fee for each vessel listed in, or later
Certificate has been denied under para- added to, an Application for an indi-
graph (a) of this section or revoked vidual Certificate(s). An applicant
under paragraph (b) or (c) of this sec- must pay the $100 certification fee to
tion may request the Director, NPFC, renew or to reissue a Certificate for
to reconsider the denial or revocation. any reason, including, but not limited
The certificant must submit a request to, a vessel or operator name change.
for reconsideration, in writing, to the (e) A certification fee is refunded,
Director, NPFC, within 20 days of the upon receipt of a written request, if the
date of the denial or revocation. The Application is denied or withdrawn be-
certificant must state the reasons for fore issuance of the Certificate. Over-
requesting reconsideration. The Direc- payments of Application and certifi-
tor, NPFC, will generally issue a writ- cation fees are refunded, on request,
ten decision on the request within 30 only if the refund is for $100 or more.
days of receipt, provided that, if the However, any overpayments not re-
Director, NPFC, does not issue a deci- funded will be credited, for a period of
sion within 30 days, the request for re- 3 years from the date of receipt of the
consideration will be deemed to have monies by the Coast Guard, for the ap-
been denied, and the denial or revoca- plicant’s possible future use or transfer
tion will be deemed to have been af- to another applicant under this sub-
firmed. Unless the Director, NPFC, part.
issues a decision reversing the revoca-
tion, a revoked Certificate remains in- § 138.140 Enforcement.
valid. A decision by the Director, (a) Any person who fails to comply
NPFC, affirming a denial or revoca- with this subpart with respect to evi-
tion, is final agency action. dence of financial responsibility under
Section 1016 of OPA 90 (33 U.S.C. 2716)
§ 138.130 Fees.
is subject to a civil penalty under Sec-
(a) The Director, NPFC, will not tion 4303(a) of OPA 90 (33 U.S.C.
issue or renew a Certificate until the 2716a(a)). In addition, under Section
fees set forth in paragraphs (c) and (d) 4303(b) of OPA 90 (33 U.S.C. 2716a(b)),
of this section have been paid. the Attorney General may secure such
(b) For those using E-COFR, credit relief as may be necessary to compel
card payment is required. Otherwise, compliance with the OPA 90 require-
fees must be paid in United States cur- ments of this subpart, including termi-
rency by check, draft, or postal money nation of operations. Further, any per-
order made payable to the ‘‘U.S. Coast son who fails to comply with this sub-
Guard’’. part with respect to evidence of finan-
(c) An applicant who submits an Ap- cial responsibility under Section 108(a)
plication under this subpart must pay of CERCLA (42 U.S.C. 9608(a)), is sub-
a non-refundable Application fee of $200 ject to a Class I administrative civil
for each Application (i.e., individual penalty, a Class II administrative civil

Certificate, Fleet Certificate, or Mas- penalty or a judicial penalty under
ter Certificate), except as follows: Section 109 of CERCLA (42 U.S.C. 9609).
92
(b) The Secretary of the Department change any designated agent, the appli-
in which the U.S. Coast Guard is oper- cant, certificant, or guarantor must
ating will withhold or revoke the clear- notify the Director, NPFC, of the
ance required by 46 U.S.C. 60105 to any change. If a master agency acknowl-
vessel subject to this subpart that has edgment for the new agent is not on
not provided the evidence of financial file with NPFC, the applicant,
responsibility required by this subpart. certificant, or guarantor must furnish
(c) The Coast Guard may deny entry to the Director, NPFC, all the relevant
to any port or place in the United information, including the new agent’s
States or the navigable waters of the acknowledgment, required in accord-
United States, and may detain at a
ance with paragraph (a) of this section.
port or place in the United States in
In the event of death, disability, un-
which it is located, any vessel subject
availability, or similar event of a des-
to this subpart, which has not provided
the evidence of financial responsibility ignated agent, the applicant,
required by this subpart. certificant, or guarantor must des-
(d) Any vessel subject to this subpart ignate another agent in accordance
which is found operating in the navi- with paragraph (a) of this section with-
gable waters without having been in 10 days of knowledge of any such
issued a Certificate or maintained the event. The applicant, certificant, or
necessary evidence of financial respon- guarantor must submit the new des-
sibility as required by this subpart is ignation to the Director, NPFC. The
subject to seizure by, and forfeiture to, Director, NPFC, may deny or revoke a
the United States. Certificate if an applicant, certificant,
(e) Knowingly and willfully using an or guarantor fails to designate and
altered copy of a Certificate, or using a maintain an agent for service of proc-
copy of a revoked, expired or voided ess.
Certificate for anything other than rec- (c) If a designated agent cannot be
ordkeeping purposes, is prohibited. If a served because of death, disability, un-
Certificate is revoked, has expired or is availability, or similar event, and an-
rendered void for any reason, the other agent has not been designated
certificant must cease using all copies under this section, then service of proc-
of the Certificate for anything other
ess on the Director, NPFC, will con-
than the operator’s own historical rec-
stitute valid service of process. Service
ordkeeping purposes.
of process on the Director, NPFC, will
§ 138.150 Service of process. not be effective unless the server—
(a) When executing the forms re- (1) Sends the applicant, certificant,
quired by this subpart, each applicant, or guarantor, as applicable (by reg-
certificant and guarantor must des- istered mail, at the last known address
ignate thereon a person located in the on file with the Director, NPFC), a
United States as its agent for service of copy of each document served on the
process for purposes of this subpart and Director, NPFC; and
for receipt of notices of responsible (2) Attests to this registered mailing,
party designations and presentations of at the time process is served upon the
claims under the Acts (collectively re- Director, NPFC, indicating that the in-
ferred to herein as ‘‘service of proc- tent of the mailing is to effect service
ess’’). Each designated agent must ac- of process on the applicant, certificant,
knowledge the agency designation in or guarantor and that service on the
writing unless the agent has already designated agent is not possible, stat-
furnished the Director, NPFC, with a ing the reason why.
master (i.e., blanket) agency acknowl-
edgment showing that the agent has
agreed in advance to act as the United
Subpart B—OPA 90 Limits of Liabil-
States agent for service of process for ity (Vessels, Deepwater Ports
the applicant, certificant, or guarantor and Onshore Facilities)
in question.
(b) If any applicant, certificant, or SOURCE: 80 FR 72355, Nov. 19, 2015, unless
guarantor desires, for any reason, to otherwise noted.
93
§ 138.200 33 CFR Ch. I (7–1–20 Edition)
§ 138.200 Scope. Edible oil tank vessel means a tank

vessel referred to in OPA 90 (33 U.S.C.
This subpart sets forth the limits of
2704(c)(4)(A)).
liability under Title I of the Oil Pollu-
Oil spill response vessel means a tank
tion Act of 1990, as amended (33 U.S.C.
vessel referred to in OPA 90 (33 U.S.C.
2701, et seq.) (OPA 90), for vessels, deep-
2704(c)(4)(B)).
water ports, and onshore facilities, as
Previous period means the year in
adjusted under OPA 90 (33 U.S.C.
which the previous limit of liability
2704(d)). This subpart also sets forth
was established, or last adjusted by
the method and procedure the Coast
statute or regulation, whichever is
Guard uses to periodically adjust the
later.
OPA 90 limits of liability by regulation
Single-hull means the hull of a tank
under OPA 90 (33 U.S.C. 2704(d)(4)), to
vessel that is constructed or adapted to
reflect significant increases in the Con-
carry, or that carries, oil in bulk as
sumer Price Index (CPI), and to update
cargo or cargo residue, that is not a
the limits of liability when they are
double hull as defined in 33 CFR part
amended by statute. In addition, this
157. Single-hull includes the hull of any
subpart cross-references the U.S. De-
such tank vessel that is fitted with
partment of the Interior regulation
double sides only or a double bottom
setting forth the OPA 90 limit of liabil-
only.
ity applicable to offshore facilities, as
adjusted under OPA 90 (33 U.S.C. § 138.230 Limits of liability.
2704(d)(4)) to reflect significant in-
creases in the CPI. (a) Vessels. (1) The OPA 90 limits of li-
ability for tank vessels, other than edi-
§ 138.210 Applicability. ble oil tank vessels and oil spill re-
sponse vessels, are—
This subpart applies to you if you are (i) For a single-hull tank vessel
a responsible party for a vessel, a deep- greater than 3,000 gross tons, the great-
water port, or an onshore facility (in- er of $3,700 per gross ton or $27,422,200;
cluding, but not limited to, motor vehi- (ii) For a tank vessel greater than
cles, rolling stock and onshore pipe- 3,000 gross tons, other than a single-
lines), unless your liability is unlim- hull tank vessel, the greater of $2,300
ited under OPA 90 (33 U.S.C. 2704(c)). per gross ton or $19,943,400;
(iii) For a single-hull tank vessel less
than or equal to 3,000 gross tons, the
(a) As used in this subpart, the fol- greater of $3,700 per gross ton or
lowing terms have the meanings set $7,478,800; and
forth in OPA 90 (33 U.S.C. 2701): deep- (iv) For a tank vessel less than or
water port, facility, gross ton, liability, equal to 3,000 gross tons, other than a
oil, offshore facility, onshore facility, re- single-hull tank vessel, the greater of
sponsible party, tank vessel, and vessel. $2,300 per gross ton or $4,985,900.
(b) As used in this subpart— (2) The OPA 90 limits of liability for
Annual CPI–U means the annual any vessel other than a vessel listed in
‘‘Consumer Price Index—All Urban paragraph (a)(1) of this section, includ-
Consumers, Not Seasonally Adjusted, ing for any edible oil tank vessel and
U.S. City Average, All items, 1982– any oil spill response vessel, are the
84=100’’, published by the U.S. Depart- greater of $1,200 per gross ton or
ment of Labor, Bureau of Labor Statis- $997,100.
tics. (b) Deepwater ports. (1) The OPA 90
Current period means the year in limit of liability for any deepwater
which the Annual CPI–U was most report, including for any component
cently published by the U.S. Depart- pipelines, other than a deepwater port
ment of Labor, Bureau of Labor Statis- listed in paragraph (b)(2) of this sec-
tics. tion, is $672,514,900;
Director, NPFC means the person in (2) The OPA 90 limits of liability for
charge of the U.S. Coast Guard, Na- deepwater ports with limits of liability
tional Pollution Funds Center (NPFC), established by regulation under OPA 90

or that person’s authorized representa- (33 U.S.C. 2704(d)(2)), including for any
tive. component pipelines, are—
94
(i) For the Louisiana Offshore Oil (2) The cumulative percent change
Port (LOOP), $102,245,000; and value calculated using the formula in
(ii) [Reserved] paragraph (b)(1) of this section is
(c) Onshore facilities. The OPA 90 rounded to one decimal place.
limit of liability for onshore facilities, (c) Significance threshold. Not later
including, but not limited to, motor ve- than every three years from the year
hicles, rolling stock and onshore pipe- the limits of liability were last ad-
lines, is $672,514,900. justed for inflation, the Director,
(d) Offshore facilities. The OPA 90 NPFC, will evaluate whether the cumu-
limit of liability for offshore facilities
lative percent change in the Annual
other than deepwater ports, including
CPI–U since that date has reached a
for any offshore pipelines, is set forth
significance threshold of 3 percent or
at 30 CFR 553.702.
greater. For any three-year period in
[80 FR 72355, Nov. 19, 2015, as amended at 84 which the cumulative percent change
FR 39974, Aug. 13, 2019] in the Annual CPI–U is less than 3 per-
§ 138.240 Procedure for updating lim- cent, the Director, NPFC, will publish
its of liability to reflect significant a notice of no inflation adjustment to
increases in the Consumer Price the limits of liability in the FEDERAL
Index (Annual CPI–U) and statutory REGISTER. If this occurs, the Director,
changes. NPFC, will recalculate the cumulative
(a) Update and publication. The Direc- percent change in the Annual CPI–U
tor, NPFC, will periodically adjust the since the year in which the limits of li-
limits of liability set forth in ability were last adjusted for inflation
§ 138.230(a) through (c) to reflect signifi- each year thereafter until the cumu-
cant increases in the Annual CPI–U, lative percent change equals or exceeds
according to the procedure for calcu- the threshold amount of 3 percent.
lating limit of liability inflation ad- Once the 3-percent threshold is
justments set forth in paragraphs (b)– reached, the Director, NPFC, will in-
(d) of this section, and will publish the crease the limits of liability, by regula-
inflation-adjusted limits of liability tion using the procedure set forth in
and any statutory amendments to paragraph (a) of this section, for all
those limits of liability in the FEDERAL source categories (including any new
REGISTER as amendments to § 138.230. limit of liability established by statute
Updates to the limits of liability under or regulation since the last time the
this paragraph are effective on the 90th limits of liability were adjusted for in-
day after publication in the FEDERAL flation) by an amount equal to the cu-
REGISTER of the amendments to mulative percent change in the Annual
§ 138.230, unless otherwise specified by CPI–U from the year each limit was es-
statute (in the event of a statutory tablished, or last adjusted by statute
amendment to the limits of liability)
or regulation, whichever is later. Noth-
or in the FEDERAL REGISTER notice
ing in this paragraph shall prevent the
amending § 138.230.
Director, NPFC, in the Director’s sole
(b) Formula for calculating a cumu-
discretion, from adjusting the limits of
lative percent change in the Annual CPI–
U. (1) The Director, NPFC, calculates liability for inflation by regulation
the cumulative percent change in the issued more frequently than every
Annual CPI–U from the year the limit three years.
of liability was established, or last ad- (d) Formula for calculating inflation
justed by statute or regulation, which- adjustments. The Director, NPFC, cal-
ever is later (i.e., the previous period), culates adjustments to the limits of li-
to the most recently published Annual ability in § 138.230 for inflation using
CPI–U (i.e., the current period), using the following formula:
the following escalation formula: New limit of liability = Previous limit
Percent change in the Annual CPI–U = of liability + (Previous limit of liabil-
[(Annual CPI–U for Current Pe- ity × percent change in the Annual
riod¥Annual CPI–U for Previous Pe- CPI–U calculated under paragraph (b)
riod) ÷ Annual CPI–U for Previous of this section), then rounded to the
Period] × 100. closest $100.
95
SUBCHAPTER N—OUTER CONTINENTAL SHELF ACTIVITIES
PART 140—GENERAL is defined in § 140.10. This subchapter

does not apply to pipelines and deep-
Subpart A—General water ports (as the term ‘‘deepwater
port’’ is defined in section 3(10) of the
Sec. Deepwater Port Act of 1974 (33 U.S.C.
140.1 Purpose.
1502)). The regulations in this sub-
140.4 Relationship to other law. chapter (parts 140 through 147) have
140.5 Exemptions during construction. preemptive effect over state or local
140.7 Incorporation by reference. regulations in the same field.
140.10 Definitions.
140.15 Equivalents and approved equipment. [CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
140.20 Delegations. amended by USCG–2012–0196, 81 FR 48242,
140.25 Appeals. July 22, 2016]
140.30 Judicial review.
140.35 Sanctions. § 140.4 Relationship to other law.
140.40 Processing penalty cases.
(a) Design and equipment require-
Subpart B—Inspections ments of this subchapter for OCS fa-
cilities, including mobile offshore drill-
140.101 Inspection by Coast Guard marine ing units in contact with the seabed of
inspectors or Bureau of Safety and Envi- the OCS for exploration or exploitation
ronmental Enforcement inspectors.
of subsea resources, are in addition to
140.103 Annual inspection of fixed OCS fa-
cilities. the regulations and orders of the U.S.
140.105 Correction of deficiencies and haz- Geological Survey applicable to those
ards. facilities.
(b) Any apparent conflict between
Subpart C—Investigations the application of any requirement of
140.201 General. this subchapter and any regulation or
140.203 Investigation procedures. order of the U.S. Geological Survey
140.205 Subpoenas. should immediately be brought to the
AUTHORITY: 43 U.S.C. 1333, 1348, 1350, 1356; attention of the Officer in Charge, Ma-
Department of Homeland Security Delega- rine Inspection.
tion No. 0170.1. (c) This subchapter does not establish
SOURCE: CGD 78–160, 47 FR 9376, Mar. 4, design requirements for fixed OCS fa-
1982, unless otherwise noted. cilities or regulate drilling or produc-
tion equipment on any OCS facility or
Subpart A—General attending vessel, except for matters af-
fecting navigation or workplace safety
§ 140.1 Purpose. or health.
This subchapter is intended to pro- § 140.5 Exemptions during construc-
mote safety of life and property on tion.
Outer Continental Shelf (OCS) facili-
ties, vessels, and other units engaged The Officer in Charge, Marine Inspec-
in OCS activities, protect the marine tion, may exempt any unit under con-
environment, and implement the Outer struction from any requirements of
Continental Shelf Lands Act (43 U.S.C. this subchapter that would be imprac-
1331 et seq.), as amended by the Outer ticable or unreasonable to apply during
Continental Shelf Lands Act Amend- construction or erection of the unit.
ments of 1978 (Pub. L. 95–372, 92 Stat.
629). § 140.7 Incorporation by reference.
(a) Certain material is incorporated
§ 140.3 Applicability. by reference into this subchapter with
Unless otherwise stated, this sub- the approval of the Director of the Fed-
chapter applies to OCS facilities, ves- eral Register under 5 U.S.C. 552(a) and
sels, and other units engaged in OCS 1 CFR part 51. All approved material is
activities as the term ‘‘OCS activities’’ available for inspection at the U.S.
96
Coast Guard, Office of Design and Engi- (2) [Reserved]

neering Standards (CG–ENG–4), 2703 [USCG–2012–0196, 81 FR 48242, July 22, 2016]
Martin Luther King Jr. Avenue SE.,
Stop 7509, Washington, DC 20593–7509, § 140.10 Definitions.
and is available from the sources listed
As used in this subchapter:
below. It is also available for inspec-
Act means the Outer Continental
tion at the National Archives and
Shelf Lands Act of 1953 (43 U.S.C. 1331
Records Administration (NARA). For et seq.), as amended by the Outer Conti-
information on the availability of this nental Shelf Lands Act Amendments of
material at NARA, call 202–741–6030 or 1978 (Pub. L. 95–372).
go to http://www.archives.gov/fed- Approved means approved by the
erallregister/ Commandant, unless otherwise indi-
codeloflfederallregulations/ cated.
ibrllocations.html. Attending vessel means a vessel which
(b) American National Standards In- is moored close to and readily acces-
stitute (ANSI), 25 West 43rd Street, sible from an OCS facility for the pur-
New York, NY 10036, 212–642–4900, pose of providing power, fuel, or other
https://www.ansi.org. services to the operation being con-
(1) ANSI A10.14–1975, Requirements ducted on the facility.
for Safety Belts, Harnesses, Lanyards, Bureau of Safety and Environmental
Lifelines, and Drop Lines for Construc- Enforcement inspector or BSEE inspector
tion and Industrial Use, IBR approved means an individual employed by the
for § 142.42(b). Bureau of Safety and Environmental
(2) ANSI/UL 1123–1987, Standard for Enforcement who inspects fixed OCS
Marine Buoyant Devices, IBR approved facilities on behalf of the Coast Guard
for § 143.405(a). to determine whether the requirements
(3) ANSI Z41–1983, American National of this subchapter are met.
Standard for Personal Protection-Pro- Commandant means Commandant of
tective Footwear, IBR approved for the Coast Guard or that person’s au-
§ 142.33(a) and (b). thorized representative.
(4) ANSI Z87.1–1979, Practice for Oc- Constructed means the date—
cupational and Educational Eye and (1) The vessel’s keel was laid; or
Face Protection, IBR approved for (2) Construction identifiable with the
§ 142.27(a) and (c). vessel or facility began and assembly
(5) ANSI Z88.2–1980, Practices for Res- of that vessel or facility commenced
piratory Protection, IBR approved for comprising of 50 metric tons or at least
§ 142.39(a) through (c). 1 percent of the estimated mass of all
(6) ANSI Z89.1–1981, Safety Require- structural material, whichever is less.
ments for Industrial Head Protection, Development means those activities
IBR approved for § 142.30(a) and (b). which take place following discovery of
(c) International Maritime Organiza- minerals in paying quantities, includ-
tion (IMO) Publishing, 4 Albert Em- ing, but not limited to, geophysical ac-
bankment, London SE1 7SR, United tivity, drilling, and platform construc-
Kingdom, +44 (0)20 7735 7611, http:// tion, and which are for the purpose of
www.imo.org. ultimately producing the minerals dis-
(1) IMO Assembly Resolution A.414 covered.
(XI), Code for Construction and Equip- District Commander means an officer
ment of Mobile Offshore Drilling Units, who commands a Coast Guard District
IBR approved for §§ 143.207(c) and described in part 3 of this chapter or
146.205(c). that person’s authorized representa-
(2) [Reserved] tive.
(d) National Fire Protection Associa- Exploration means the process of
tion (NFPA), 1 Batterymarch Park, searching for minerals, including, but
Quincy, MA 02169, 617–770–3000, http:// not limited to, (1) geophysical surveys
www.nfpa.org. where magnetic, gravity, seismic, or
(1) NFPA 10, Standard for Portable other systems are used to detect or
Fire Extinguishers, 2010 Edition, effec- imply the presence of such minerals,
tive December 5, 2009, IBR approved for and (2) any drilling, whether on or off
§ 145.01(b). known geological structures, including
97
§ 140.10 33 CFR Ch. I (7–1–20 Edition)
the drilling of a well in which a dis- Officer in Charge, Marine Inspection

covery of oil or natural gas in paying means a person who commands a Ma-
quantities is made and the drilling of rine Inspection Zone described in part 3
any additional delineation well after of this chapter and who is immediately
the discovery which is needed to delin- responsible for the performance of du-
eate any reservoir and to enable the ties with respect to inspections, en-
lessee to determine whether to proceed forcement, and administration of regu-
with development and production. lations governing units.
Fixed OCS facility means a bottom Operator means—(1) In the case of a
founded OCS facility permanently at- vessel, a charterer by demise or any
tached to the seabed or subsoil of the other person who is responsible for the
OCS, including platforms, guyed tow- operation, manning, victualing, and
ers, articulated gravity platforms, and supplying of the vessel; or
other structures. (2) In the case of an OCS facility, the
Floating OCS facility means a buoyant operator as defined in 30 CFR 250.2(gg).
OCS facility securely and substantially Outer Continental Shelf or OCS means
moored so that it cannot be moved all submerged lands lying seaward and
without a special effort. This term in- outside of the area of ‘‘lands beneath
cludes tension leg platforms and per- navigable waters’’ as defined in section
manently moored semisubmersibles or 2(a) of the Submerged Lands Act (43
shipshape hulls but does not include
U.S.C. 1301(a)) and of which the subsoil
mobile offshore drilling units and other
and seabed appertain to the United
vessels.
States and are subject to its jurisdic-
Investigating officer means a person
tion and control.
assigned by the Commandant, a Dis-
trict Commander, or an Officer in OCS activity means any offshore ac-
Charge, Marine Inspection, to conduct tivity associated with exploration for,
an investigation of an accident, cas- or development or production of, the
ualty, or other incident. minerals of the Outer Continental
Manned facility means an OCS facil- Shelf.
ity on which people are routinely ac- OCS facility means any artificial is-
commodated for more than 12 hours in land, installation, or other device per-
successive 24 hour periods. manently or temporarily attached to
Manned platform means a fixed OCS the subsoil or seabed of the Outer Con-
facility on which people are routinely tinental Shelf, erected for the purpose
accommodated for more than 12 hours of exploring for, developing, or pro-
in successive 24 hour periods. ducing resources therefrom, or any
Marine inspector means a person des- such installation or other device (other
ignated as such by an Officer in than a ship or vessel) for the purpose of
Charge, Marine Inspection, to perform transporting such resources. The term
inspections of units to determine includes mobile offshore drilling units
whether or not the requirements of when in contact with the seabed of the
laws administered by the Coast Guard OCS for exploration or exploitation of
and of Coast Guard regulations are subsea resources. The term does not in-
met. clude any pipeline or deepwater port
Minerals includes oil, gas, sulphur, (as the term ‘‘deepwater port’’ is de-
geopressured-geothermal and associ- fined in section 3(10) of the Deepwater
ated resources, and all other minerals Port Act of 1974 (33 U.S.C. 1502)).
which are authorized by an Act of Con- Owner means a person holding title
gress to be produced from ‘‘public to or, in the absence of title, other in-
lands’’ as defined in section 103 of the dicia of ownership of a unit; however,
Federal Lands Policy and Management this does not include a person who
Act of 1976 (43 U.S.C. 1702(e)). holds indicia of ownership primarily to
Mobile offshore drilling unit or MODU protect a security interest in the unit
means a vessel, other than a public ves- and does not participate in the man-
sel of the United States, capable of en- agement or operation of the unit.
gaging in drilling operations for explo- Person means an individual, associa-

ration or exploitation of subsea re- tion, partnership, consortium, joint
sources. venture, private, public, or municipal
98
firm or corporation, or a government ficer in Charge, Marine Inspection, to

entity. the extent and upon conditions as will
Person in charge means the master or insure a degree of safety comparable to
other individual designated as such by or greater than that provided by the
the owner or operator under § 146.5 of minimum standards in this subchapter.
this subchapter or 46 CFR 109.107. (b) Where equipment in this sub-
Personnel means individuals who are chapter is required to be of an approved
employed by leaseholders, permit hold-
type, the equipment requires the spe-
ers, operators, owners, contractors, or
cific approval of the Commandant. Ap-
subcontractors and who are on a unit
by reason of their employment. provals are published in the FEDERAL
Production means those activities REGISTER and COMDTINST M16714.3
which take place after the successful (Series) Equipment List, available
completion of any means for the re- from Coast Guard Headquarters. Con-
moval of minerals, including, but not tact Commandant (CG–ENG), Attn: Of-
limited to, such removal, field oper- fice of Design and Engineering Stand-
ations, transfer of minerals to shore, ards, U.S. Coast Guard Stop 7509, 2703
operation monitoring, maintenance, Martin Luther King Jr. Avenue SE.,
and workover. Washington, DC 20593–7509.
Rebuilt means having had substantial (c) Specifications for certain items
alteration or reconstruction of the hull required to be of an approved type are
or principal structural component. contained in 46 CFR Parts 160 through
Standby vessel means a vessel meeting 164.
the requirements of part 143, subpart E,
of this chapter and specifically des- [CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
ignated in an Emergency Evacuation amended at CGD 88–052, 53 FR 25121, July 1,
Plan under § 146.140 or § 146.210 of this 1988; CGD 96–026, 61 FR 33665, June 28, 1996;
chapter to provide rapid evacuation as- USCG–2010–0351, 75 FR 36283, June 25, 2010;
sistance in the event of an emergency. USCG–2014–0410, 79 FR 38434, July 7, 2014]
Unit means any OCS facility, vessel,
§ 140.20 Delegations.
rig, platform, or other vehicle or struc-
ture, domestic or foreign. (a) Each District Commander is re-
Unmanned facility means an OCS fa- sponsible for the administration and
cility, other than a floating facility or enforcement of the regulations in this
mobile offshore drilling unit, which is subchapter within that person’s as-
not a manned facility even though it signed district.
may be continuously serviced by an at- (b) Under the general superintend-
tending vessel. ence of the District Commander, the
Unmanned platform means a fixed, Officer in Charge, Marine Inspection, is
bottom-founded OCS facility which is
delegated authority to administer and
not a manned facility even though it
may be continuously serviced by an at- enforce the regulations in this sub-
tending vessel. chapter.
Vessel means every description of (c) Authority delegated under this
watercraft or other artificial contriv- section may be redelegated as nec-
ance used, or capable of being used, as essary by the delegate.
a means of transportation on water.
§ 140.25 Appeals.
[CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
amended by CGD 79–077, 51 FR 25059, July 10, (a) Any person directly affected by an
1986; CGD 84–098b, 54 FR 21571, May 18, 1989; action or decision of an Officer in
USCG–2001–9045, 67 FR 5916, Feb. 7, 2002; Charge, Marine Inspection, under the
USCG–2011–0257, 76 FR 31837, June 2, 2011; Act or the regulations in this sub-
USCG–2013–0797, 79 FR 36405, June 27, 2014;
USCG–2012–0850, 80 FR 16990, Mar. 31, 2015] chapter may request reconsideration of
that action or decision. If still dissatis-
§ 140.15 Equivalents and approved fied, that person may appeal the action
equipment. or decision of the Officer in Charge,
(a) The use of alternate equipment or Marine Inspection, within 30 days to

procedures for those specified in this the District Commander of the District
subchapter may be permitted by an Of- in which the action was taken or the
99
§ 140.30 33 CFR Ch. I (7–1–20 Edition)
decision made. The District Com- mander, or an Officer in Charge, Ma-

mander issues a decision after review- rine Inspection, after notice of the fail-
ing the appeal submitted under this ure and after expiration of any reason-
paragraph. able period allowed for corrective ac-
(b) Any person not satisfied with the tion, shall be liable for a civil penalty
decision of a District Commander may for each day of the continuance of the
appeal that decision within 30 days to failure.
the Commandant, who issues a ruling (b) Any person who knowingly and
after reviewing the appeal submitted willfully:
under this paragraph. Rulings of the (1) Violates any provision of the Act;
Commandant constitute final agency (2) Violates any regulation in this
action. subchapter designed to protect health,
(c) An appeal to the District Com- safety, or the environment;
mander or Commandant: (3) Violates any order of the Com-
(1) Must be made in writing, except mandant, District Commander, or Offi-
in an emergency when an oral appeal cer in Charge, Marine Inspection,
may be accepted; issued under the Act or the regulations
(2) Must be submitted to the District in this subchapter that is designed to
Commander of the District in which protect health, safety, or the environ-
the action was taken or the decision ment;
made; (4) Makes any false statement, rep-
(3) Must describe the decision or ac- resentation, or certification in any ap-
tion being appealed; plication, record, report, or other docu-
(4) Must state the reasons why the ment filed or required to be maintained
action or decision should be set aside under the Act or the regulations in this
or modified; and subchapter;
(5) May contain any supporting docu- (5) Falsifies, tampers with, or renders
ments and evidence that the appellant inaccurate any monitoring device or
wishes to have considered. method of record required to be main-
(d) Pending determination of any ap- tained under this Act or the regula-
peal, the action or decision appealed tions in this subchapter; or
remains in effect, unless suspended by (6) Reveals any data or information
the District Commander to whom the required to be kept confidential by the
appeal was made or by the Com- Act shall, upon conviction, be punished
mandant. by a fine of not more than $100,000, or
by imprisonment for not more than ten
§ 140.30 Judicial review. years, or both. Each day that a viola-
(a) Nothing in this subchapter shall tion under paragraph (b)(1), (b)(2), or
be construed to prevent any interested (b)(3) of this section continues, or each
party from seeking judicial review as day that any monitoring device or data
authorized by law. recorder remains inoperative or inac-
(b) Judicial review of the regulations curate because of any activity de-
in this subchapter, or any final ruling scribed in paragraph (b)(5) of this sec-
or order of the Commandant or that tion, constitutes a separate violation.
person’s delegate pursuant to the Act (c) Whenever a corporation or other
or the regulations in this subchapter, entity is subject to prosecution under
is governed by the judicial review pro- paragraph (b) of this section, any offi-
visions of section 23 of the Act (43 cer or agent of the corporation or enti-
U.S.C. 1349). ty who knowingly and willfully author-
ized, ordered, or carried out the pre-
§ 140.35 Sanctions. scribed activity shall be subject to the
(a) Any person who fails to comply same fines or imprisonment, or both,
with: as provided for under paragraph (b) of
(1) Any provision of the Act; this section.
(2) Any regulation in this subchapter; (d) The penalties prescribed in this
or section are concurrent and cumulative
(3) Any order issued under the Act or and the exercise of one does not pre-
the regulations in this subchapter by clude the exercise of the others. Fur-
the Commandant, a District Com- ther, the penalties prescribed in this
100
section are in addition to any other Officer in Charge, Marine Inspection,

penalties afforded by any other law or or BSEE.
regulation. (d) As part of an inspection, a Coast
[CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
Guard marine inspector or a BSEE in-
amended by CGD 96–052, 62 FR 16703, Apr. 8, spector may review records and require
1997] and observe the conduct of emergency
drills and other tests and procedures as
§ 140.40 Processing penalty cases. may be necessary to demonstrate to
Apparent violations of the regula- that person’s satisfaction that the unit
tions in this subchapter are processed and its equipment are in full compli-
in accordance with subpart 1.07 of 33 ance with applicable Coast Guard regu-
CFR part 1 on civil and criminal pen- lations. The Coast Guard marine in-
alty proceedings, except as follows: spector or the BSEE inspector consults
(a) The District Commander refers with the person in charge of the unit
civil penalty cases to the Secretary of before requiring a drill or other test or
the Interior, or that person’s delegate, procedure to be conducted to minimize
who, under the Act, assesses, collects, disruption of unit activities and risk to
and compromises civil penalties. life or property.
(b) If a possible violation inves- (e) Coast Guard inspections of foreign
tigated by the Coast Guard carries units recognize valid international cer-
both a civil and a criminal penalty, the tificates accepted by the United States,
District Commander determines wheth- including Safety of Life at Sea
er to refer the case to the U.S. Attor- (SOLAS), Loadline, and Mobile Off-
ney for criminal prosecution or to the shore Drilling Unit (MODU) Code cer-
Secretary of the Interior, or that per- tificates for matters covered by the
son’s delegate, for civil penalty pro- certificates, unless there are clear
ceedings. grounds for believing that the condi-
(c) When the U.S. Attorney declines tion of the unit or its equipment does
to institute criminal proceedings, the not correspond substantially with the
District Commander decides whether particulars of the certificate.
to refer the case to the Secretary of (f) Coast Guard marine inspectors
the Interior, or that person’s delegate, conduct an initial inspection of each
for civil penalty proceedings or to close fixed OCS facility to determine wheth-
the case. er the facility is in compliance with
the requirements of this subchapter.
Subpart B—Inspections [CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
amended by CGD 84–098a, 53 FR 18980, May 26,
§ 140.101 Inspection by Coast Guard 1988; USCG–2001–9045, 67 FR 5916, Feb. 7, 2002;
marine inspectors or Bureau of USCG–2011–0257, 76 FR 31837, June 2, 2011;
Safety and Environmental Enforce- USCG–2013–0797, 79 FR 35405, June 27, 2014]
ment inspectors.
(a) Each unit engaged in OCS activi- § 140.103 Annual inspection of fixed
ties is subject to inspection by the OCS facilities.
Coast Guard. (a) The owner or operator of each
(b) On behalf of the Coast Guard, fixed OCS facility shall ensure that the
each fixed OCS facility engaged in OCS facility is inspected, at intervals not to
activities is subject to inspection by exceed 12 months, to determine wheth-
the Bureau of Safety and Environ- er the facility is in compliance with
mental Enforcement (BSEE). the requirements of this subchapter.
(c) Under the direction of the Officer (b) Except for initial inspections
in Charge, Marine Inspection, Coast under § 140.101(f), inspections by Coast
Guard marine inspectors may inspect Guard marine inspectors and Bureau of
units engaged in OCS activities, and Safety and Environmental Enforce-
BSEE inspectors may inspect fixed ment (BSEE) inspectors do not meet
OCS facilities, to determine whether the requirements for an inspection
the requirements of this subchapter are under paragraph (a) of this section.
met. These inspections may be con- (c) Except for initial inspections
ducted with or without advance notice under § 140.101(f), the results of the in-
at any time deemed necessary by the spection under paragraph (a) of this
101
§ 140.105 33 CFR Ch. I (7–1–20 Edition)
section must be recorded on form CG– corrected or eliminated, if practicable,

5432. Forms CG–5432 may be obtained before the form CG–5432 is completed.
from the Officer in Charge, Marine In- Deficiencies and hazards that are not
spection. A copy of the completed form corrected or eliminated by the time
must be kept for 2 years after the in- the form is completed must be indi-
spection under paragraph (a) of this cated on the form as ‘‘outstanding’’
section is conducted and the form made and the form submitted to the appro-
available to the Coast Guard and priate BSEE District office. Upon re-
BOEMRE on request. For manned fixed ceipt of a form CG–5432 indicating out-
OCS facilities, the copy of the com- standing deficiencies or hazards, BSEE
pleted form must be kept on the facil- informs, by letter, the owner or oper-
ity. For unmanned fixed OCS facilities, ator of the fixed OCS facility of the de-
the copy of the completed form must ficiencies or hazards and the time pe-
be kept either at the nearest manned riod specified to correct or eliminate
fixed OCS facility or, if there is no the deficiencies or hazards.
manned fixed OCS facility in the area, (d) For lifesaving and fire fighting
at the nearest field office of the owner equipment deficiencies on fixed OCS fa-
or operator. In addition, the owner or cilities that cannot be corrected before
operator must submit, to the appro- the submission of form CG–5432, the
priate BSEE District office, a copy of owner or operator must contact the ap-
each completed form CG–5432 that indi- propriate BSEE District Supervisor to
cates outstanding deficiencies or haz- request a time period for repair of the
ards, within 30 days after completion of item. The owner or operator must in-
the inspection. clude a description of the deficiency
and the time period approved by BSEE
[CGD 84–098a, 53 FR 18980, May 26, 1988, as for correction of the deficiency in the
amended by USCG–2001–9045, 67 FR 5916, Feb.
comment section of form CG–5432.
7, 2002; USCG–2011–0257, 76 FR 31837, June 2,
2011; USCG–2013–0797, 79 FR 36405, June 27, (e) Where a deficiency or hazard re-
2014] mains uncorrected or uneliminated
after the expiration of the time speci-
§ 140.105 Correction of deficiencies fied for correction or elimination, the
and hazards. Officer in Charge, Marine Inspection or
(a) Lifesaving and fire fighting equip- BSEE (for deficiencies or hazards dis-
ment which is found defective during covered by BSEE during an inspection
an inspection by a Coast Guard marine of a fixed OCS facility), initiates appro-
inspector or a Bureau of Safety and En- priate enforcement measures.
vironmental Enforcement (BSEE) in- [CGD84–098a, 53 FR 18981, May 26, 1988, as
spector and which, in the opinion of amended by USCG–2001–9045, 67 FR 5916, Feb.
the inspector, cannot be satisfactorily 7, 2002; USCG–2013–0797, 79 FR 36405, June 27,
repaired must be so mutilated in the 2014]
presence of the inspector that it cannot
be used for the purpose for which it was Subpart C—Investigations
originally intended. Lifesaving and fire
fighting equipment subsequently deter- § 140.201 General.
mined to be unrepairable must be simi- Under the direction of the Officer in
larly mutilated in the presence of the Charge, Marine Inspection, inves-
person making that determination. tigating officers investigate the fol-
(b) Any deficiency or hazard discov- lowing incidents occurring as a result
ered during an inspection by a Coast of OCS activities:
Guard marine inspector or a BSEE in- (a) Death.
spector is reported to the unit’s owner (b) Injury resulting in substantial
or operator, who shall have the defi- impairment of any bodily unit or func-
ciency or hazard corrected or elimi- tion.
nated as soon as practicable and within (c) Fire which causes death, serious
the period of time specified by the in- injury or property damage exceeding
spector. $25,000.
(c) Deficiencies and hazards discov- (d) Oil spillage exceeding two hun-
ered during an inspection of a fixed dred barrels of oil in one occurrence
OCS facility under § 140.103(a) must be during a thirty-day period.
102
(e) Other injuries, casualties, acci- 141.35 Records to be kept by the employer.
dents, complaints of unsafe working AUTHORITY: 43 U.S.C. 1356; 46 U.S.C. 70105;
conditions, fires, pollution, and inci- 49 CFR 1.46(z).
dents occurring as a result of OCS ac-
tivities as the Officer in Charge, Ma- SOURCE: CGD 78–160, 47 FR 9379, Mar. 4,
1982, unless otherwise noted.
rine Inspection, deems necessary to
promote the safety of life or property
or protect the marine environment. Subpart A—Restrictions on
Employment
§ 140.203 Investigation procedures.
(a) Insofar as practicable, investiga- § 141.1 Purpose.
tions conducted pursuant to this sub- This subpart prescribes rules gov-
chapter shall follow the procedures of erning restrictions on the employment
46 CFR part 4. of personnel on units engaged in OCS
(b) Representatives of the U.S. Geo- activities.
logical Survey may participate in
these investigations. This participation § 141.5 Applicability.
may include, but is not limited to: (a) This subpart applies to employ-
(1) Participating in a joint on-scene ment of personnel on units engaged in
investigation; OCS activities, except as provided in
(2) Making recommendations con-
paragraph (b) of this section.
cerning the scope of the investigation;
(b) This subpart does not apply to
(3) Calling and examing witnesses;
employment of personnel on any:
and
(4) Submitting or requesting addi- (1) Vessel subject to the citizenship
tional evidence. requirements of 46 U.S.C. 8103 for pi-
(c) Reports of investigations con- lots, crew, and officers holding a valid
ducted under this subchapter shall be license or MMC with officer endorse-
made available to parties to the inves- ment when the vessel is transiting to
tigation and the public upon comple- or from an OCS facility or a United
tion of agency action. States port;
(2) Vessel subject to the citizenship
§ 140.205 Subpoenas. requirements of 46 U.S.C. 7102 and 8103
(a) In any investigation conducted for officers and crew on federally sub-
pursuant to this subchapter, the inves- sidized or documented vessels; or
tigating officer shall have the power to (3) Unit over 50 percent of which is
administer necessary oaths, subpoena owned by one or more citizens of a for-
witnesses, and require the production eign nation or with respect to which
of books, papers, documents, and any one or more citizens of a foreign nation
other evidence. have the right effectively to control,
(b) Attendance of witnesses or the except to the extent and to the degree
production of books, papers, docu- that the President determines that the
ments, or any other evidence shall be government of such foreign nation or
compelled by a process similar to that any of its political subdivisions has im-
used in the District Courts of the plemented, by statute, regulation, pol-
United States. icy, or practice, a national manning re-
quirement for equipment engaged in
the exploration, development, or pro-
PART 141—PERSONNEL duction of oil or gas in its offshore
areas.
Subpart A—Restrictions on Employment
(c) The Commandant may, upon re-
Sec. quest or upon that person’s own initia-
141.1 Purpose. tive, determine whether over 50 percent
141.5 Applicability. of a particular unit is owned by citi-
141.10 Definitions. zens of a foreign nation or whether
141.15 Restrictions on employment.
citizens of a foreign nation have the
141.20 Exemptions from restrictions on em-

ployment. right effectively to control the unit.
141.25 Evidence of citizenship. (d) In determining whether ownership
141.30 Evidence of status as a resident alien. or a right effectively to control exists,
103
§ 141.10 33 CFR Ch. I (7–1–20 Edition)
the Commandant may consider oper- mitted to be exercised by any citizen of

ational control of a unit, management the United States.
responsibility, title, lease and charter Resident alien means an alien lawfully
arrangements, and financial interests. admitted to the United States for per-
(e) The owner or operator of any unit manent residence in accordance with
affected is notified of the Com- section 101(a)(20) of the Immigration
mandant’s determination. and Nationality Act of 1952, as amend-
(Information collection requirements con- ed, 8 U.S.C. 1101(a)(20).
tained in paragraph (c) were approved by the
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as
Office of Management and Budget under
OMB control number 2130–0182)
Mar. 16, 2009; USCG–2013–0916, 78 FR 69296,
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as Nov. 19, 2013]
1997; USCG–2006–24371, 74 FR 11212, Mar. 16, § 141.15 Restrictions on employment.
2009]
(a) Each employer of personnel on
§ 141.10 Definitions. any unit engaged in OCS activities
that is subject to this part must em-
As used in this subpart:
ploy, as members of the regular com-
Citizens of the United States means:
plement of the unit, only citizens of
(1) In the case of an individual, one
the United States or resident aliens ex-
who is a native born, derivative, or
fully naturalized citizen of the United cept as provided by § 141.20.
States; (b) As used in paragraph (a) of this
(2) In the case of a partnership, unin- section, ‘‘regular complement of a
corporated company, or association, unit’’ means those personnel necessary
one in which 50% or more of the con- for the routine functioning of the unit,
trolling interest is vested in citizens of including marine officers and crew; in-
the United States; or dustrial personnel on the unit, such as
(3) In the case of a corporation, one toolpushers, drillers, roustabouts, floor
which is incorporated under the laws of hands, crane operators, derrickmen,
the United States or of any State mechanics, motormen, and general
thereof. maintenance personnel; and support
Citizen of a foreign nation means: personnel on the unit, such as cooks,
(1) In the case of an individual, one stewards and radio operators. The term
who is not a citizen of the United does not include specialists, profes-
States; sionals, or other technically trained
(2) In the case of a partnership, unin- personnel called in to handle emer-
corporated company, or association, gencies or other temporary operations;
one in which more than 50% of the con- extra personnel on a unit for training;
trolling interest is vested in citizens of and other personnel temporarily on a
a nation other than the United States; unit for specialized operations, such as
or construction, alteration, well logging,
(3) In the case of a corporation, one or unusual repairs or emergencies.
which is incorporated under the laws of (c)(1) The Officer in Charge, Marine
a nation other than the United States Inspection, may determine whether a
so long as (i) the title to a majority of particular individual or position is part
the stock thereof is free from any trust of the regular complement of a unit. A
or fiduciary obligation in favor of any
copy of the determination is provided
citizen of the United States; (ii) the
to the owner or operator of the unit af-
majority of the voting power in the
corporation is not vested in any citizen fected.
of the United States; (iii) through any (2) Determinations in paragraph (c)(1)
contract or understanding, the major- of this section for all MODUs and fixed
ity of the voting power may not be ex- and floating OCS facilities, as those
ercised directly or indirectly on behalf terms are defined in 33 CFR 140.10, op-
of any citizen of the United States; or erating within the Eighth District
(iv) by no other means, control of the Outer Continental Shelf Marine Inspec-
corporation is conferred upon or per- tion Zone will be made by the Eighth
104
District Outer Continental Shelf Offi- (d) Upon receipt of a request under
cer in Charge, Marine Inspection, as de- paragraph (a)(2) of this section, the
fined and described in § 3.40–5 of this Coast Guard seeks information from
chapter. the Department of Labor concerning
(Approved by the Office of Management and
whether there are citizens of the
Budget under OMB control number 2130–0182) United States or resident aliens quali-
fied and available for work. If informa-
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as tion is provided that citizens of the
June 30, 1998; USCG–2013–0491, 80 FR 20163, United States or resident aliens are
Apr. 15, 2015] qualified and available, the employer
may be required to seek their employ-
§ 141.20 Exemptions from restrictions ment before the request is approved.
on employment. (e) Upon receipt of a request under
(a) An employer may request an ex- paragraph (a)(3) of this section and
emption from the restrictions on em- after consulting with other Federal
ployment in § 141.15 in order to employ agencies as appropriate, the Com-
persons other than citizens of the mandant forwards the request and the
United States or resident aliens as part comments of the Coast Guard and
of the regular complement of the unit other interested agencies to the Presi-
under the following circumstances: dent for determination.
(1) When specific contractual provi- (f) Upon approval by the President
sions or national registry manning re- for request under paragraph (a)(3) of
quirements in effect on September 18, this section or by the Coast Guard for
1978 provide that a person other than a all other requests, the Coast Guard
citizen of the United States or a resi- issues a certification of the exemption.
dent alien is to be employed on a par- A certification issued under paragraph
ticular unit. (a)(2) of this section is valid for one
(2) When there is not a sufficient year from the date of issuance.
number of citizens of the United States (g) If, within 30 days of receipt by the
or resident aliens qualified and avail- Coast Guard of a request under para-
able for the work. graph (a)(2) of this section, the Coast
(3) When the President determines Guard does not make a determination
with respect to a particular unit that or advise the employer that additional
the employment of only citizens of the time for consideration is necessary, the
United States or resident aliens is not request is considered approved for a pe-
consistent with the national interest. riod of 90 days from the end of the 30
(b) The request must be in writing, day period.
identify the provision of paragraph (a) (h) A request need not be submitted
of this section relied upon, and: for persons who are not citizens of the
(1) If involving specific contractual United States or resident aliens and
provisions under paragraph (a)(1) of who:
this section, list the persons claimed (1) Are employed under the national
exempt and contain a copy of the con- registry manning requirements excep-
tract;
tion in paragraph (a)(1) of this section;
(2) If involving persons without an H– or
2 Visa under paragraph (a)(2) of this
(2) Have been classified and admitted
section, list the persons or positions
to the United States as temporary
sought to be exempted; or
workers under 8 U.S.C. 1101(a)(15)(H)(ii)
(3) If under paragraph (a)(3) of this
for work in a position for which admit-
section, identify the unit involved and
ted.
contain any information in support of
the claim. (Approved by the Office of Management and
(c) Requests must be submitted to Budget under OMB control number 2130–0182)
the Commandant (CG–CVC), Attn: Of- [CGD 78–160, 47 FR 9379, Mar. 4, 1982, as
fice of Commercial Vessel Compliance, amended by CGD 96–026, 61 FR 33665, June 28,
U.S. Coast Guard Stop 7501, 2703 Martin 1996; USCG–2010–0351, 75 FR 36283, June 25,
Luther King Jr. Avenue SE., Wash- 2010; USCG–2014–0410, 79 FR 38434, July 7,
ington, DC 20593–7501. 2014]
105
§ 141.25 33 CFR Ch. I (7–1–20 Edition)
§ 141.25 Evidence of citizenship. of Marine Inspection, provided the doc-

(a) For the purposes of this part, the ument shows that the applicant pro-
employer may accept as sufficient evi- duced satisfactory evidence of citizen-
dence that a person is a citizen of the ship at the time the document was
United States any one of the following issued.
documents and no others: (7) A delayed certificate of birth
(1) A valid merchant mariner’s docu- issued under a state seal, provided
ment issued by the Coast Guard which there are no collateral facts indicating
shows the holder to be citizen of the fraud in its procurement.
United States. (8) A report of the Census Bureau
(2) An original or certified copy of a showing the earliest available record of
birth certificate or birth registration the applicant’s age or birth.
issued by a state or the District of Co- (9) Affidavits of parents, relatives, or
lumbia.
two or more responsible citizens of the
(3) A United States passport.
United States, school records; immi-
(4) A Certificate of Citizenship issued
by the Immigration and Naturalization gration records; insurance policies; or
Service. other records which support the citi-
(5) A Certificate of Naturalization zenship claim.
issued by a Naturalization Court. (c) In any case where doubt exists
(6) A letter from the Coast Guard concerning evidence of citizenship sub-
issued under paragraph (d) of this sec- mitted under paragraph (b) of this sec-
tion. tion, the Officer in Charge, Marine In-
(b) If a person does not have one of spection, may refer the matter to the
the documents listed in paragraphs United States Immigration and Natu-
(a)(1) through (a)(6) of this section, ralization Service for an advisory opin-
that person may appear in person be- ion.
fore an Officer in Charge, Marine In- (d) If the documents submitted under
spection, and submit one or more of paragraph (b) of this section are deter-
the following documents which may be mined by the Officer in Charge, Marine
considered as evidence that the appli- Inspection, to be sufficient evidence
cant is a citizen of the United States: that the applicant is a citizen of the
(1) A Certificate of Derivative Citi-
United States, the Coast Guard issues
zenship or a Certificate of Naturaliza-
the applicant a letter acknowledging
tion of either parent and a birth cer-
tificate of the applicant or other evi- this determination.
dence satisfactorily establishing that (Approved by the Office of Management and
the applicant was under 21 years of age Budget under OMB control number 2130–0182)
at the time of the parent’s naturaliza-
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as
tion. amended by USCG–2006–24371, 74 FR 11212,
(2) An original or certified copy of a Mar. 16, 2009]
birth certificate from a political juris-
diction outside the United States § 141.30 Evidence of status as a resi-
which demonstrates citizenship status. dent alien.
(3) A Baptismal certificate or parish
record recorded within one year after For the purposes of this part, the em-
birth. ployer may accept as sufficient evi-
(4) A statement of a practicing physi- dence that a person is a resident alien
cian certifying that the physician at- any one of the following documents
tended the birth and has a record show- and no others:
ing the date on which the birth oc- (a) A valid merchant mariner’s docu-
curred. ment issued by the Coast Guard.
(5) A commission, or evidence of com- (b) An alien registration receipt card
mission, in the Armed Forces of the issued by the Immigration and Cus-
United States which shows the holder toms Enforcement Agency certifying
to be a citizen of the United States. that the card holder has been admitted
(6) A continuous discharge book or to the United States as an immigrant.

certificate of identification issued by
the Coast Guard or the former Bureau
106
(c) A declaration of intention to be- 142.27 Eye and face protection.

come a citizen of the United States 142.30 Head protection.
issued by a Naturalization Court. 142.33 Foot protection.
142.36 Protective clothing.
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as 142.39 Respiratory protection.
amended by USCG–2006–24371, 74 FR 11212, 142.42 Safety belts and lifelines.
Mar. 16, 2009; USCG–2013–0916, 78 FR 69296, 142.45 Personal flotation devices.
Nov. 19, 2013]
142.48 Eyewash equipment.
§ 141.35 Records to be kept by the em-
ployer. Subpart C—General Workplace Conditions
(a) The employer of personnel subject 142.81 Purpose and applicability.
to this subpart shall maintain, and 142.84 Housekeeping.
make available to the Coast Guard 142.87 Guarding of deck openings.
upon request, a record identifying 142.90 Lockout and tagout.
which of the documents listed in AUTHORITY: 43 U.S.C 1333(d)(1), 1347(c),
§§ 141.25 and 141.30 were relied upon for 1348(c); 49 CFR 1.46(z).
each employee. The record must con- SOURCE: CGD 79–077, 51 FR 25059, July 10,
sist of either a copy of the document or 1986, unless otherwise noted.
the following information on the docu-
ment:
(1) For a merchant mariner’s docu-
Subpart A—General
ment or a United States passport, the § 142.1 Purpose.
document’s title and identification
number. This part is intended to promote
(2) For a birth certificate or birth workplace safety and health by estab-
registration, the document’s title and lishing requirements relating to per-
the employee’s date and place of birth. sonnel, workplace activities and condi-
(3) For all other documents listed in tions, and equipment on the Outer Con-
§§ 141.25 and 141.30, the document’s title tinental Shelf (OCS).
and date and place of issuance.
(b) The employer of personnel subject § 142.4 Duties of lessees, permittees,
and persons responsible for actual
to this subpart shall maintain a writ- operations.
ten list of the positions that make up
the regular complement of the unit and (a) Each holder of a lease or permit
the name and nationality of the indi- under the Act shall ensure that all
vidual filling each employee position. places of employment within the lease
This list may be in summary form and area or within the area covered by the
any simple format. permit on the OCS are maintained in
compliance with workplace safety and
(Approved by the Office of Management and health regulations of this part and, in
Budget under OMB control number 2130–0182)
addition, free from recognized hazards.
[CGD 78–160, 47 FR 9379, Mar. 4, 1982, as (b) Persons responsible for actual op-
amended by USCG–2006–24371, 74 FR 11212, erations, including owners, operators,
Mar. 16, 2009; USCG–2013–0916, 78 FR 69296,
contractors, and subcontractors, shall
Nov. 19, 2013]
ensure that those operations subject to
their control are conducted in compli-
PART 142—WORKPLACE SAFETY ance with workplace safety and health
AND HEALTH regulations of this part and, in addi-
tion, free from recognized hazards.
Subpart A—General (c) ‘‘Recognized hazards’’, in para-
Sec. graphs (a) and (b) of this section,
142.1 Purpose. means conditions which are—
142.4 Duties of lessees, permittees, and per- (1) Generally known among persons
sons responsible for actual operations. in the affected industry as causing or
142.7 Reports of unsafe working conditions. likely to cause death or serious phys-
ical harm to persons exposed to those
Subpart B—Personal Protective Equipment conditions; and

142.21 Purpose and applicability. (2) Routinely controlled in the af-
142.24 Use of equipment. fected industry.
107
§ 142.7 33 CFR Ch. I (7–1–20 Edition)
§ 142.7 Reports of unsafe working con- quired by ANSI Z87.1 for that type of
ditions. protector.
(a) Any person may report a possible
violation of any regulation in this sub- § 142.30 Head protection.
chapter or any other hazardous or un- (a) Personnel in areas where there is
safe working condition on any unit en- a hazard of falling objects or of contact
gaged in OCS activities to an Officer in with electrical conductors shall wear a
Charge, Marine Inspection. head protector meeting the specifica-
(b) After reviewing the report and tions of ANSI Z89.1, for the hazard in-
conducting any necessary investiga- volved.
tion, the Officer in Charge, Marine In- (b) Each head protector must be
spection, notifies the owner or operator marked with the information specified
of any deficiency or hazard and initi- by ANSI Z89.1 for that type of pro-
ates enforcement measures as the cir- tector and for the hazard involved.
cumstances warrant.
(c) The identity of any person mak- § 142.33 Foot protection.
ing a report under paragraph (a) of this
section is not made available, without (a) Personnel working in areas or en-
the permission of the reporting person, gaged in activities where there is a rea-
to anyone other than those officers and sonable probability for foot injury to
employees of the Department of Trans- occur shall wear footwear meeting the
portation who have a need for the specifications of ANSI Z41, except when
record in the performance of their offi- environmental conditions exist that
cial duties. present a hazard greater than that
against which the footwear is designed
Subpart B—Personal Protective to protect.
Equipment (b) Each pair of footwear must be
marked with the information specified
§ 142.21 Purpose and applicability. by ANSI Z41 for the type of footwear.
This subpart prescribes requirements [CGD 79–077, 51 FR 25059, July 10, 1986, as
concerning personal protection on OCS amended at 51 FR 28381, Aug. 7, 1986]
facilities.
§ 142.36 Protective clothing.
§ 142.24 Use of equipment.
Personnel in areas where there are
(a) Each holder of a lease or permit flying particles, molten metal, radiant
issued under the Act shall ensure that energy, heavy dust, or hazardous mate-
all personnel who are required by this rials shall wear clothing and gloves
subpart to use or wear personal protec- providing protection against the haz-
tive equipment do so when within the ard involved.
lease area or the area covered by the
permit. § 142.39 Respiratory protection.
(b) Persons responsible for actual op-
erations shall ensure that all personnel (a) Personnel in an atmosphere speci-
engaged in the operation properly use fied under ANSI Z88.2, requiring the
or wear the personal protective equip- use of respiratory protection equip-
ment specified by this subpart. ment shall wear the type of respiratory
protection equipment specified in ANSI
§ 142.27 Eye and face protection. Z88.2 for that atmosphere.
(a) Personnel engaged in or observing (b) Before personnel enter an atmos-
welding, grinding, machining, chip- phere specified under ANSI Z88.2 re-
ping, handling hazardous materials, or quiring the use of respiratory protec-
acetylene burning or cutting shall wear tion equipment, the persons listed in
the eye and face protector specified for § 142.4 shall ensure that the personnel
the operation in Figure 8 of ANSI Z87.1. entering the atmosphere—
(b) Eye and face protectors must be (1) Follow the procedures stated in
maintained in good condition. section 6 of ANSI Z88.2 concerning the

(c) Each eye and face protector must proper selection of a respirator and in-
be marked with the information re- dividual fit testing; and
108
(2) Are trained in the matters set and equipment not in use and be
forth in section 7 of ANSI Z88.2 con- promptly cleared of substances which
cerning proper use of the equipment to create a tripping or slipping hazard.
be used and in the generally recognized When engaged in an activity on the
short and long term harmful effects of drill floor in which the spillage of drill-
exposure to the atmosphere involved. ing fluid is inevitable, such as when
(c) All respiratory protection equip- pulling wet strings of drill pipe, foot-
ment must be approved, used, and wear and flooring designed to reduce
maintained in accordance with ANSI slipping substantially may be used in-
Z88.2. stead of keeping the drill floor free of
[CGD 79–077, 51 FR 25059, July 10, 1986, as drilling fluid during the activity.
amended at 51 FR 28381, Aug. 7, 1986]
[CGD 79–077, 51 FR 28381, Aug. 7, 1986]
§ 142.42 Safety belts and lifelines.
§ 142.87 Guarding of deck openings.
(a) Except when moving from one lo-
cation to another, personnel engaged in Openings in decks accessible to per-
an activity where there is a hazard of sonnel must be covered, guarded, or
falling 10 or more feet shall wear a otherwise made inaccessible when not
safety belt or harness secured by a lan- in use. The manner of blockage shall
yard to a lifeline, drop line, or fixed an- prevent a person’s foot or body from in-
chorage. advertently passing through the open-
(b) Each safety belt, harness, lan- ing.
yard, lifeline, and drop line must meet
the specifications of ANSI A10.14. § 142.90 Lockout and tagout.
(a) While repair or other work is
§ 142.45 Personal flotation devices. being performed on equipment powered
Personnel, when working in a loca- by an external source, that equipment
tion such that, in the event of a fall, must be locked out as required in para-
they would likely fall into water, shall graph (b) of this section or, if a lockout
wear a work vest that meets the re- provision does not exist on the equip-
quirements of 33 CFR 146.20 or a life ment, must be disconnected from the
preserver that meets the requirements power source or otherwise deactivated,
of 46 CFR 160.002, 160.005, or 160.055, ex- unless the nature of the work being
cept when using the safety belts and performed necessitates that the power
lifelines required by § 142.42. be connected or the equipment acti-
vated.
§ 142.48 Eyewash equipment.
(b) If the equipment has a lockout or
Portable or fixed eyewash equipment other device designed to prevent unin-
providing emergency relief must be im- tentional activation of the equipment,
mediately available near the drill the lockout or other device must be en-
floor, mudrooms, and other areas gaged while the work is being per-
where there is a reasonable probability formed on the equipment, unless the
that eye injury may occur. nature of the work being performed ne-
[CGD 79–077, 51 FR 28381, Aug. 7, 1986] cessitates that the equipment be acti-
vated.
Subpart C—General Workplace (c) A tag must be placed at the point
Conditions where the equipment connects to a
power source and at the location of the
§ 142.81 Purpose and applicability. control panel activating the power,
This subpart prescribes requirements warning—
relating to general working conditions (1) That equipment is being worked
on OCS facilities. on; and
(2) If the power source is discon-
§ 142.84 Housekeeping. nected or the equipment deactivated,
All staging, platforms, and other that the power source must not be con-
working surfaces and all ramps, stair- nected or the equipment activated.
ways, and other walkways must be (d) The tags must not be removed
kept clear of portable tools, materials, without the permission of either the
109
person who placed the tags, that per- § 143.15 Lights and warning devices.
son’s immediate supervisor, or their re-
(a) OCS facilities must meet the
spective reliefs.
lights and warning devices require-
[CGD 79–077, 51 FR 25059, July 10, 1986; 51 FR ments under part 67 of this chapter
28382, Aug. 7, 1986] concerning aids to navigation on artifi-
cial islands and fixed structures.
PART 143—DESIGN AND (b) Vessels, including attending ves-
EQUIPMENT sels but excluding MODUs under para-
graph (a) of this section, must meet the
Subpart A—General lights and warning devices require-
ments under the International Regula-
Sec. tions for Preventing Collisions at Sea
143.1 Purpose. 1972 or under local rules provided for in
143.15 Lights and warning devices. Rule 1 of those Regulations.
Subpart B—OCS Facilities [CGD 78–160, 47 FR 9382, Mar. 4, 1982, as
143.100 Applicability. June 30, 1998]
143.101 Means of escape.
143.105 Personnel landings.
143.110 Guards and rails.
Subpart B—OCS Facilities
143.120 Floating OCS facilities.
Subpart C—Mobile Offshore Drilling Units This subpart applies to OCS facilities
except mobile offshore drilling units.
143.201 Existing MODUs exempted from new § 143.101 Means of escape.
design requirements.
143.205 Requirements for U.S. and undocu- (a) ‘‘Primary means of escape’’ shall
mented MODUs. be fixed stairways or fixed ladders of
143.207 Requirements for foreign MODUs. metal construction.
143.208 Hazardous location requirements on (b) ‘‘Secondary means of escape’’
foreign MODUs. shall be types approved for ‘‘primary
143.210 Letter of compliance. means of escape’’ or portable, flexible
ladders, knotted man ropes, and other
Subpart D—Vessels devices satisfactory to the Officer in
143.300 Applicability. Charge, Marine Inspection.
143.301 Load line requirements. (c) Manned OCS facilities shall be
143.302 Hazardous location requirements on provided with at least two ‘‘primary
foreign vessels engaged in OCS activities. means of escape’’ extending from the
uppermost platform level that contains
Subpart E—Standby Vessels living quarters or that personnel oc-
143.400 Applicability. cupy continuously, to each succes-
143.401 Vessel certification and operation. sively lower working level and to the
143.405 Equipment. water surface. Working levels without
143.407 Manning. living quarters, shops, or offices in
manned facility structural appendages,
AUTHORITY: 43 U.S.C. 1333(d)(1), 1348(c), extensions, and installations that per-
1356; 49 CFR 1.46; section 143.210 is also issued
under 14 U.S.C. 664 and 31 U.S.C. 9701. sonnel occupy only occasionally shall
be provided with one ‘‘primary means
SOURCE: CGD 78–160, 47 FR 9382, Mar. 4, of escape’’ and, when necessary in the
1982, unless otherwise noted. opinion of the Officer in Charge, Ma-
rine Inspection, one or more ‘‘sec-
Subpart A—General ondary means of escape.’’
(d) Unmanned OCS facilities shall be
§ 143.1 Purpose. provided with at least one ‘‘primary
This part prescribes design and means of escape’’ extending from the
equipment requirements for units en- uppermost platform working level to
gaged in OCS activities. each successively lower working level
110
and to the water surface. When per- the top of the toe board and the top
sonnel are on board, unmanned facili- guard rail.
ties shall also be provided with one or (b) The unprotected perimeter of the
more ‘‘secondary means of escape,’’ but helicopter landing deck shall be pro-
not more than one will be required for tected with a device of sufficient
every 10 persons extending from the up- strength and size as to prevent any per-
permost working level of the facility to son from falling from such deck.
each successively lower working level (c) Each catwalk and each stairway
and to the water surface, excluding fa- shall be provided with a suitable guard
cility appendages and installations, un- rail or rails, as necessary.
less ‘‘secondary means of escape’’ from
such appendages and installations are § 143.120 Floating OCS facilities.
necessary in the opinion of the Officer (a) Before construction is started on
in Charge, Marine Inspection. a proposed floating OCS facility, the
(e) ‘‘Means of escape’’ shall be suit- owner or operator of the facility must
ably accessible to personnel for rapid submit to the Coast Guard for approval
facility evacuation. all plans and information listed in sub-
(f) When two or more ‘‘means of es- part C of 46 CFR part 107 which relate
cape’’ are installed, at least two shall to the facility. All plans and informa-
be located as nearly diagonally oppo- tion must be submitted according to
site each other as practicable unless the procedures in that subpart.
such requirement is unreasonable or (b) The facility must comply with the
impracticable in the opinion of the Of- requirements of subchapters F (Marine
ficer in Charge, Marine Inspection. Engineering) and J (Electrical Engi-
neering) of 46 CFR chapter I and 46
§ 143.105 Personnel landings. CFR part 108 (Design and Equipment).
(a) Sufficient personnel landings Where unusual design or equipment
shall be provided on each manned OCS needs make compliance impracticable,
facility to assure safe access and alternative proposals that provide an
egress. When due to special construc- equivalent level of safety may be ac-
tion personnel landings are not fea- cepted. These requirements do not
sible, then suitable transfer facilities apply to production systems on the fa-
to provide safe access and egress shall cility.
be installed. (c) The Officer in Charge, Marine In-
spection, determines whether a float-
(b) The personnel landings shall be
ing OCS facility meets the require-
provided with satisfactory illumina-
ments of paragraph (b) of this section
tion. The minimum shall be one-foot
and issues a certificate of inspection
candle of artificial illumination as
for each facility which meets these re-
measured at the landing floor and
quirements. Inspection of the facility
guards and rails.
may be required as part of this deter-
§ 143.110 Guards and rails. mination.
(d) Each floating OCS facility that is
(a) Except for helicopter landing constructed after April 2, 2018 must
decks which are provided for in para- comply with the requirements of 46
graph (b) of this section, and areas not CFR subpart 111.108 prior to engaging
normally occupied, the unprotected pe- in OCS activities.
rimeter of all floor or deck areas and
openings shall be rimmed with guards [CGD 78–160, 47 FR 9382, Mar. 4, 1982, as
and rails or wire mesh fence. The guard amended by USCG–2012–0850, 80 FR 16990,
Mar. 31, 2015]
rail or fence shall be at least 42 inches
high. The two intermediate rails shall
be so placed that the rails are approxi- Subpart C—Mobile Offshore
mately evenly spaced between the Drilling Units
guard rail and the floor or deck area:
Provided, That if a toe board is in- § 143.200 Applicability.
stalled then one of the intermediate This subpart applies to mobile off-
rails may be omitted and the other rail shore drilling units when engaged in
placed approximately half way between OCS activities.
111
§ 143.201 33 CFR Ch. I (7–1–20 Edition)
§ 143.201 Existing MODUs exempted § 143.210 Letter of compliance.

from new design requirements.
(a) The Officer in Charge, Marine In-
Any mobile offshore drilling unit spection, determines whether a mobile
built before, under construction on, or offshore drilling unit which does not
contracted for prior to April 5, 1982 is hold a valid Coast Guard Certificate of
not required to meet the design re- Inspection meets the requirements of
quirements of this subpart until the § 143.205 or § 143.207 relating to design
unit is rebuilt. Until rebuilt, the unit and equipment standards and issues a
must continue to comply with the de- letter of compliance for each unit
sign requirements applicable to the
which meets the requirements. Inspec-
unit on April 4, 1982.
tion of the unit may be required as
[CGD 78–160, 47 FR 11011, Mar. 15, 1982] part of this determination.
(b) A letter of compliance issued
§ 143.205 Requirements for U.S. and under paragraph (a) of this section is
undocumented MODUs.
valid for one year or until the MODU
Each mobile offshore drilling unit departs the OCS for foreign operations,
that is documented under the laws of whichever comes first.
the United States or not documented (c) The owner or operator of a foreign
under the laws of any nation must mobile offshore drilling unit requiring
comply with the design, equipment, a letter of compliance examination
and inspection requirements of 46 CFR
must pay the fee prescribed in 46 CFR
parts 107 and 108 in order to engage in
2.10–130.
OCS activities.
[CGD 84–098a, 53 FR 18981, May 26, 1988, as
§ 143.207 Requirements for foreign amended by CGD 91–030, 60 FR 13563, Mar. 13,
MODUs. 1995]
Each mobile offshore drilling unit
that is documented under the laws of a Subpart D—Vessels
foreign nation must, when engaged in
OCS activities, comply with one of the § 143.300 Applicability.
following:
This subpart applies to all vessels en-
(a) The design and equipment stand-
gaged in OCS activities except mobile
ards of 46 CFR part 108.
(b) The design and equipment stand- offshore drilling units.
ards of the documenting nation if the § 143.301 Load line requirements.
standards provide a level of safety gen-
erally equivalent to or greater than (a) Vessels, including foreign vessels,
that provided under 46 CFR part 108. which would be subject to the require-
(c) The design and equipment stand- ments of subchapter E of 46 CFR chap-
ards for mobile offshore drilling units ter I concerning load lines when arriv-
contained in the International Mari- ing at or proceeding to sea from any
time Organization (IMO, formerly port or place within the United States
Inter-Governmental Maritime Consult- must comply with those requirements
ative Organization or IMCO) (IMO) when engaged in activities on the OCS.
Code for Construction and Equipment (b) Load line certificates and load
of Mobile Offshore Drilling Units (IMO line exemption certificates issued or
Assembly Resolution A.414(XI)) which accepted under subchapter E of 46 CFR
has been incorporated by reference. chapter I are accepted as evidence of
compliance with paragraph (a) of this
§ 143.208 Hazardous location require-
ments on foreign MODUs. section.
Each mobile offshore drilling unit § 143.302 Hazardous location require-
that is documented under the laws of a ments on foreign vessels engaged in
foreign nation and is constructed after OCS activities.
April 2, 2018 must comply with the re- Each vessel that is documented under
quirements of 46 CFR subpart 111.108 the laws of a foreign nation and is con-
prior to engaging in OCS activities. structed after April 2, 2018 must com-
[USCG–2012–0850, 80 FR 16990, Mar. 31, 2015] ply with the requirements of 46 CFR
112
subpart 111.108 prior to engaging in line throwing appliance that meets the
OCS activities. requirements in 46 CFR 75.45.
[USCG–2012–0850, 80 FR 16990, Mar. 31, 2015]
(4) For vessels certificated under sub-
chapters I or T of 46 CFR chapter I, a
line throwing appliance that meets the
Subpart E—Standby Vessels requirements of 46 CFR 94.45.
(5) A Stokes or comparable litter.
SOURCE: CGD 84–098b, 54 FR 21571, May 18, (6) One blanket for each person on
1989, unless otherwise noted. the most populated facility that the
standby vessel is designated to assist.
(7) Means for safely retrieving per-
This subpart applies only to standby sons, including injured or helpless per-
vessels meeting the requirements of sons, from the water. The means of re-
this subpart and specifically designated trieval must be demonstrated to the
in an Emergency Evacuation Plan satisfaction of the Officer in Charge,
(EEP) required by § 146.140 or § 146.210 of Marine Inspection.
this chapter to provide rapid evacu- (8) A scramble net that can be rigged
ation assistance in the event of an on either side of the standby vessel.
emergency. (9) A minimum of four Coast Guard
approved ring life buoys, each equipped
§ 143.401 Vessel certification and oper- with 15 fathoms of line.
ation.
(10) An immersion suit approved by
Standby vessels must meet the fol- the Coast Guard under 46 CFR 160.171,
lowing: or a buoyant suit meeting Supplement
(a) Have a valid certificate of inspec- A of ANSI/UL–1123–1987 and approved
tion issued in compliance with Sub- under 46 CFR 160.053, for each member
chapters H, I, or T of 46 CFR Chapter I. of the standby vessel’s crew when the
(b) Be capable of carrying and pro- standby vessel operates north of 32 de-
viding shelter for 100 per cent of the grees north latitude in the Atlantic
number of persons on the most popu- Ocean or north of 35 degrees north lati-
lated facility that the standby vessel is tude in all other waters.
designated to assist. Crew spaces may (11) Two boat hooks.
be used to meet the requirements of (12) A fire monitor with a minimum
this section. flow rate of, at least, 500 gallons per
(c) Provide bunks or aircraft type re- minute.
clining seats for 10 per cent of the num- (13) One two-way radio capable of
ber of persons on the most populated voice communications with the OCS fa-
facility that the standby vessel is des- cility, helicopters or other rescue air-
ignated to assist. Crew spaces may be craft, rescue boats, and shore side sup-
used to meet the requirements of this port personnel.
section. (14) Floodlights to illuminate the
(d) Not carry or store goods, supplies, personnel and boat retrieval area, the
and equipment on the deck of the scramble net when deployed, and the
standby vessel or in other locations water around the personnel retrieval
that may hinder the vessel’s ability to and scramble net deployment areas.
render assistance to the facility that (15) A copy of ‘‘The Ship’s Medicine
the vessel is designated to assist. Chest and Medical Aid at Sea’’, DHHS
(e) Not carry or store any hazardous Publication No. (PHS) 84–2024, avail-
material. able from the Superintendent of Docu-
ments, U.S. Government Printing Of-
§ 143.405 Equipment. fice, Washington, DC 20402.
(a) Standby vessels must have, at (16) An industrial first aid kit sized
least, the following equipment: for 50 percent of the number of persons
(1) Multiple propellers or propulsion on the most populated facility that the
devices. standby vessel is designated to assist.
(2) Two searchlights. (17) Coast Guard approved life pre-

(3) For vessels certificated under servers for 50 percent of the number of
Subchapter H of 46 CFR Chapter I, a persons on the most populated facility
113
§ 143.407 33 CFR Ch. I (7–1–20 Edition)
that the standby vessel is designated to floats. The life floats shall have suffi-
assist. cient capacity to accommodate all per-
(b) Equipment required by paragraph sons present at any one time.
(a) of this section must be to the satis-
[CGFR 56–4, 21 FR 903, Feb. 9, 1956]
faction of the Officer in Charge, Marine
Inspection. § 144.01–5 Location and launching of
life floats.
§ 143.407 Manning.
Standby vessels must be crewed in The life floats shall be distributed in
accordance with their certificate of inaccessible locations and mounted on
spection for 24 hour operation. The Of- the outboard sides of the working plat-
ficer in Charge, Marine Inspection, form in such a manner as to be readily
may require the crew to be augmented, launched.
as necessary, to provide for maneu- [CGFR 56–4, 21 FR 903, Feb. 9, 1956]
vering the standby vessel, for lookouts,
for rigging and operating retrieval § 144.01–10 Equipment for life floats.
equipment, and for caring for sur- (a) Each lifefloat shall be provided
vivors. with a painter. This painter shall be a
manila rope not less than 23⁄4 inches in
PART 144—LIFESAVING circumference and of a length not less
APPLIANCES than three times the distance from the
deck where the lifefloat is stowed to
Subpart 144.01—Manned Platforms the low water line. Alternatively, the
painter may be of other material pro-
Sec.
144.01–1 Life floats.
vided it has equal strength to the size
144.01–5 Location and launching of life of manila rope specified and is not less
floats. than 1⁄2 inch in diameter.
144.01–10 Equipment for life floats. (b) Each life float must have a water
144.01–15 Alternates for life floats. light of an approved automatic electric
144.01–20 Life preservers. type constructed in accordance with 46
144.01–25 Ring life buoys. CFR Subpart 161.010, except a water
144.01–30 First-aid kit.
144.01–35 Litter.
light constructed in accordance with
144.01–40 Emergency communications equip- former 46 CFR Subpart 161.001 that was
ment. installed before January 1, 1972, may be
retained in an existing installation as
Subpart 144.10—Unmanned Platforms long as it is maintained in good condi-
tion. The water light must be attached
144.10–1 Lifesaving equipment.
144.10–10 Other lifesaving equipment.
to the life float by a 12-thread manila
or equivalent synthetic lanyard not
Subpart 144.20—Requirements for U.S. and less than 2 meters (6 feet) nor more
Undocumented MODU’s than 4 meters (12 feet) in length. The
water light must be mounted on a
144.20–1 Applicability. bracket so that when the life float is
144.20–5 Exposure suits. launched, the water light will pull free
Subpart 144.30—Requirements for Foreign of the bracket.
MODU’s (c) Two paddles shall be provided for
each life float. The paddles shall not be
144.30–1 Applicability. less than five feet nor more than six
144.30–5 Exposure suits. feet long. The paddles shall be stowed
AUTHORITY: 43 U.S.C. 1333d; 46 U.S.C. in such a way that they will be readily
3102(a); 46 CFR 1.46. accessible from either side of the life
float when in the water.
Subpart 144.01—Manned [CGFR 56–4, 21 FR 903, Feb. 9, 1956]
Platforms
EDITORIAL NOTE: For FEDERAL REGISTER ci-
§ 144.01–1 Life floats. tations affecting § 144.01–10, see the List of

CFR Sections Affected, which appears in the
Each manned platform shall be pro- Finding Aids section of the printed volume
vided with at least two approved life and at www.govinfo.gov.
114
Coast Guard, DHS § 144.01–25
§ 144.01–15 Alternates for life floats. tached to the front shoulder area of the
life preserver.
(a) Approved lifeboats, approved life
rafts or approved inflatable life rafts (d) Each life preserver carried on a
may be used in lieu of approved life manned platform must have at least
floats for either all or part of the ca- 200 sq. cm (31 sq. in.) of retroreflective
pacity required. When either lifeboats material attached on its front side, at
or life rafts are used approved means of least 200 sq. cm on its back side, and at
launching will be required. Inflatable leat 200 sq. cm of material on each of
life rafts, when used, shall be distrib- its reversible sides. The material must
uted and mounted as required for life be Type I material that is approved
floats under § 144.01–5. under 46 CFR 164.018. The material at-
(b) The equipment required for a life- tached on each side of a life preserver
boat is a bailer, boat hook, bucket, must be divided equally between the
hatchet, lantern, life line, two life pre- upper quadrants of the side, and the
servers, matches, full complement of material in each quadrant must be at-
oars and steering oar, painter, plug, tached as closely as possible to the
and rowlocks, of the same type, kind, shoulder area of the life preserver.
and character as required for lifeboats [CGFR 60–35, 25 FR 10132, Oct. 25, 1960, as
carried on vessels engaged in navi- amended by CGD 78–160, 47 FR 9383, Mar. 3,
gating bays, sounds, and lakes other 1982; USCG–1998–3799, 63 FR 35530, June 30,
than the Great Lakes, and rivers. 1998]
(c) The equipment required for a life
raft is a boat hook, life line (if not a § 144.01–25 Ring life buoys.
Type A life raft), full complement of (a) Each manned platform must have
oars and steering oar, painter, and at least four approved ring life buoys
rowlocks of the same type, kind, and constructed in accordance with 46 CFR
character as required for life rafts car- Subpart 160.050; except ring life buoys
ried on cargo and miscellaneous vessels approved under former 46 CFR Subpart
navigating on bays, sounds, and lakes 160.009 may be used as long as they are
other than the Great Lakes. in good and serviceable condition. One
(d) Inflatable liferafts shall be ap- ring life buoy must be placed on a suit-
proved by the Coast Guard under ap- able rack on each side of a manned
proval series 160.151. An approved platform in an accessible place. The
‘‘Limited Service’’ or ‘‘Ocean Service’’ ring life buoy must always be capable
liferaft installed on board a platform of being cast loose and may not be per-
before May 9, 1997, may continue to be manently secured in any way.
used to meet the requirements of this (b) Each ring life buoy must have a
section provided it is maintained in water light of an approved automatic
good and serviceable condition. electric type constructed in accordance
[CGFR 56–4, 21 FR 903, Feb. 9, 1956, as amend- with 46 CFR Subpart 161.010. A water
ed by CGFR 60–35 25 FR 10132, Oct. 25, 1960; light constructed in accordance with
CGD 85–205, 62 FR 35392, July 1, 1997] former 46 CFR Subpart 161.001 that was
installed before January 1, 1972 may be
§ 144.01–20 Life preservers. retained in an existing installation as
(a) An approved life preserver shall long as it is maintained in good condi-
be provided for each person on a tion. The water light must be attached
manned platform. The life preservers to the ring life buoy by a 12-thread ma-
shall be located in easily accessible nila or equivalent synthetic lanyard
places. not less than 1 meter (3 feet) nor more
(b) All kapok and fibrous glass life than 2 meters (6 feet) in length. The
preservers which do not have plastic- water light must be mounted on a
covered pad inserts shall be removed bracket near the ring life buoy so that
from service. when the ring life buoy is cast loose,
(c) Each life preserver carried on a the water light will pull free of the
manned platform must have a personal bracket.
flotation device light that is approved [CGFR 56–4, 21 FR 903, Feb. 9, 1956, as amend-
under Subpart 161.012 of 46 CFR Part ed by CGD 79–165b, 45 FR 65208, Oct. 2, 1980;
161. Each light must be securely at- CGD 80–155b. 47 FR 10533, Mar. 11, 1982]
115
§ 144.01–30 33 CFR Ch. I (7–1–20 Edition)
§ 144.01–30 First-aid kit. subpart 160.009 may be used as long as

it is in good and serviceable condition.
On each manned platform a first-aid
(3) Each ring life buoy under para-
kit approved by the Commandant or
graph (a)(2) of this section must have
the U.S. Bureau of Mines shall be pro-
an approved automatic electric water
vided and kept in the custody of the
light that is attached as described in
person in charge.
§ 144.01–25(b).
[CGFR 56–4, 21 FR 903, Feb. 9, 1956, as amend- (b) The ring life buoys required in
ed by CGD 73–177R, 40 FR 8176, Feb. 26, 1975] paragraph (a)(2) of this section may be
kept on a manned vessel that remains
§ 144.01–35 Litter. alongside the platform if there is no
On each manned platform a Stokes available space to keep them on the
litter, or other suitable safety litter platform.
capable of being safely hoisted with an [CGD 73–177R, 40 FR 8176, Feb. 26, 1975, as
injured person, shall be provided and amended by CGD 80–155b, 47 FR 10533, Mar.
kept in an accessible place. 11, 1982]
[CGFR 68–154, 33 FR 18626, Dec. 17, 1968]
§ 144.10–10 Other lifesaving equip-
ment.
§ 144.01–40 Emergency communica-
tions equipment. Any lifesaving equipment on an un-
manned platform that is not required
On manned platforms means of com-
in § 144.10–1 must meet the standards
munication by radio and/or wire tele-
contained in Subpart 144.01 of this part.
phone shall be provided for contacting
the shore or vessels in the vicinity for [CGD 73–177R, 40 FR 8176, Feb. 26, 1975]
aid in the event of an emergency.
[CGFR 56–4, 21 FR 903, Feb. 9, 1956] Subpart 144.20—Requirements for
U.S. and Undocumented MODU’s
Subpart 144.10—Unmanned
Platforms AUTHORITY: Sec. 4, 67 Stat. 462 (43 U.S.C.
1333) as amended; 49 CFR 1.46(z).
§ 144.10–1 Lifesaving equipment.
§ 144.20–1 Applicability.
(a) Except as allowed in paragraph (b) This subpart applies to each MODU
of this section, no person may be on an operating on the OCS that is not in-
unmanned platform unless the fol- spected under 46 CFR subchapter I-A.
lowing lifesaving equipment is readily
accessible on the platform: [CGD 82–075b, 49 FR 4377, Feb. 6, 1984]
(1) A life preserver or a Type I—Per-
sonal flotation device, listed in Table 1, § 144.20–5 Exposure suits.
for each person. This section applies to each MODU
except those operating south of 32 de-
TABLE 1—LIFE PRESERVERS AND EQUIVALENT grees North latitude in the Atlantic
PERFORMANCE FLOTATION DEVICES Ocean or south of 35 degrees North lati-
tude in all other waters.
Equivalent to performance type
Devices marked (a) Each MODU must carry an expo-
marked
sure suit for each person on board. The
160.002 Life preserver Type I—Personal flotation device. exposure suit must be stowed in a read-
160.003 Life preserver Type I—Personal flotation device.
160.004 Life preserver Type I—Personal flotation device. ily accessible location in or near the
160.005 Life preserver Type I—Personal flotation device. berthing area of the person for whom
160.055 Life preserver Type I—Personal flotation device. the exposure suit is provided.
(b) In addition to the exposure suits
(2) An approved ring life buoy (Type required by paragraph (a) of this sec-
IV PFD) for every two persons, but no tion, each watch station and work sta-
more than four devices are required. tion must have enough exposure suits
Each ring life buoy must be of a type to equal the number of persons nor-
constructed in accordance with 46 CFR mally on watch in, or assigned to, the
subpart 160.050; except a ring life buoy station at one time. However, an expo-
that was approved under former 46 CFR sure suit need not be provided at a
116
watch or work station for a person mandant as providing equivalent ther-

whose cabin, stateroom, or berthing mal protection to the wearer. (Re-
area (and the exposure suits stowed in quests for acceptance of such suits
that location) is readily accessible to should be sent to Commandant (CG–
the station. ENG–4), Attn: Lifesaving and Fire
(c) Each exposure suit on a MODU Safety Division, U.S. Coast Guard Stop
must be of a type approved under 46 7509, 2703 Martin Luther King Jr. Ave-
CFR 160.171. nue SE., Washington, DC 20593–7509,
(d) Each exposure suit must have a along with technical data supporting
personal flotation device light that is the thermal performance of the suits.)
approved under 46 CFR 161.012. Each (b) Personal flotation device lights
light must be securely attached to the approved by the nation under which
front shoulder area of the exposure the MODU is documented may be used
suit. in lieu of lights approved under 46 CFR
(e) Each exposure suit on a MODU 161.012.
must be provided with a whistle of the
ball type or multi-tone type, of corro- [CGD 82–075b, 49 FR 4377, Feb. 6, 1984, as
sion resistant construction, and in amended by CGD 88–052, 53 FR 25121, July 1,
good working order. The whistle must 1988; CGD 96–026, 61 FR 33665, June 28, 1996;
USCG–2010–0351, 75 FR 36283, June 25, 2010;
be attached to the exposure suit by a USCG–2014–0410, 79 FR 38435, July 7, 2014]
lanyard without hooks, snaps, clips,
etc., that is long enough to permit the
whistle to reach the mouth of the PART 145—FIRE-FIGHTING
wearer. If the lanyard allows the whis- EQUIPMENT
tle to hang below the waist of the
wearer, the whistle must be stowed in Sec.
a pocket on the exposure suit, or with 145.01 Portable and semi-portable fire extin-
the lanyard coiled and stopped off. guishers.
(f) No stowage container for exposure 145.05 [Reserved]
suits may be capable of being locked. 145.10 Location, number, and installation of
fire extinguishers.
[CGD 82–075b, 49 FR 4377, Feb. 6, 1984, as 145.15 Location and number of fire extin-
amended by CGD 84–090, 50 FR 3904, Jan. 29, guishers required for vessels contracted
1985; USCG–2000–7223, 65 FR 40057, June 29, for prior to August 22, 2016.
2000]
AUTHORITY: Sec. 633, 63 Stat. 545; sec. 4, 67
Stat. 462; 14 U.S.C. 633; 43 U.S.C. 1333.
Subpart 144.30—Requirements for
Foreign MODU’s § 145.01 Portable and semi-portable
fire extinguishers.
AUTHORITY: Sec. 4, 67 Stat. 462 (43 U.S.C.
(a) On all manned platforms and on
1333) as amended; 49 CFR 1.46(z).
all unmanned platforms where crews
§ 144.30–1 Applicability. are continuously working on a 24-hour
basis, Coast Guard-approved portable
This subpart applies to each MODU fire extinguishers and/or Coast Guard-
engaged in OCS activities that is docu- approved semi-portable fire extin-
mented under the laws of a foreign na- guishers must be installed and main-
tion. tained. On all unmanned platforms
[CGD 82–075b, 49 FR 4377, Feb. 6, 1984] where crews are not continuously
working on a 24-hour basis, Coast
§ 144.30–5 Exposure suits. Guard-approved portable fire extin-
Each foreign MODU must meet the guishers and/or Coast Guard-approved
requirements of § 144.20–5 of this chap- semi-portable fire extinguishers are re-
ter, except as follows: quired to be installed and maintained
(a) Exposure suits (immersion suits, only when crews are working on them.
survival suits, etc.) approved by the na- (b) Portable and semi-portable fire
tion under which the MODU is docu- extinguishers must be inspected and
mented may be used in lieu of suits ap- maintained in accordance with NFPA
proved under 46 CFR 160.071, provided 10 (incorporated by reference, see § 140.7
that they are accepted by the Com- of this chapter) as amended here:
117
§ 145.05 33 CFR Ch. I (7–1–20 Edition)
(1) Certification or licensing by a attached to each extinguisher, may be

state or local jurisdiction as a fire ex- accepted as evidence that the nec-
tinguisher servicing agency will be ac- essary maintenance procedures have
cepted by the Coast Guard as meeting been conducted.
the personnel certification require-
[USCG–2012–0196, 81 FR 48242, July 22, 2016]
ments of NFPA 10 for annual mainte-
nance and recharging of extinguishers. § 145.05 [Reserved]
(2) Monthly inspections required by
NFPA 10 may be conducted by the § 145.10 Location, number, and instal-
owner, operator, person-in-charge, or a lation of fire extinguishers.
designated member of the crew.
(3) Non-rechargeable or non-refillable (a) Approved portable and semi-port-
fire extinguishers must be inspected able extinguishers must be installed in
and maintained in accordance with accordance with Table 145.10(a).
NFPA 10. However, the annual mainte- (b) Semi-portable extinguishers must
nance need not be conducted by a cer- be located in the open so as to be read-
tified person and can be conducted by ily seen.
the owner, operator, person-in-charge, (c) Semi-portable extinguishers must
or a designated member of the crew. be fitted with a suitable hose and noz-
(4) The owner or managing operator zle, or other practicable means, so all
must provide satisfactory evidence of of the space can be protected.
the required servicing to the marine in- (d) Table 145.10(a) of this section indi-
spector. If any of the equipment or cates the minimum number and size of
records has not been properly main- fire extinguishers required for each
tained, a qualified servicing facility space listed. Extinguishers with larger
must perform the required inspections, numerical ratings or multiple letter
maintenance procedures, and hydro- designations may be used if the extin-
static pressure tests. A tag issued by a guishers meet the requirements of the
qualified servicing organization, and table.
TABLE 145.10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS
Minimum
Space required Quantity and location
rating
Safety Areas:
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.
Accommodations:
Sleeping accommodations ........................ 2–A ............................ 1 in each sleeping accommodation space outfitted
for 4 or more persons.
Service Spaces:
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.
Machinery 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 en- 40–B .......................... 1 for each engine.2
gines.
Electric motors or generators of open type 40–B:C ....................... 1 for each 2 motors or generators.3
1 Notrequired 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.
[CGFR 56–4, 21 FR 903, Feb. 9, 1956, as amended by USCG–2012–0196, 81 FR 48243, July 22, 2016]
118
§ 145.15 Location and number of fire 146.210 Emergency Evacuation Plan.

extinguishers required for vessels 146.215 Safety and Security notice of arrival
contracted for prior to August 22, for U.S. or foreign MODUs.
2016.
Subpart D—Vessels—Notice of Casualty
(a) Vessels contracted for prior to
August 22, 2016 must meet the fol- 146.301 Applicability.
lowing requirements: 146.303 Notice and written report of casual-
(1) Previously installed extinguishers ties.
with extinguishing capacities smaller
than what is required in table 145.10(a) Subpart E—Vessels—Safety and Security
of this part need not be replaced and Notice of Arrival
may be continued in service so long as 146.401 Applicability.
they are maintained in good condition 146.402 Definitions.
to the satisfaction of the Officer in 146.405 Safety and Security notice of arrival
Charge, Marine Inspection. for vessels arriving at a place on the
(2) All new equipment and installa- OCS.
tions must meet the applicable require- AUTHORITY: 33 U.S.C. 1223, 1226; 43 U.S.C.
ments in this part for new vessels. 1333, 1348, 1350, 1356; Sec. 109, Pub. L. No. 109–
(b) [Reserved] 347, 120 Stat. 1884; Department of Homeland
Security Delegation No. 0170.1.
[USCG–2012–0196, 81 FR 48243, July 22, 2016]
SOURCE: CGD 78–160, 47 FR 9383, Mar. 4,
PART 146—OPERATIONS
Subpart A—OCS Facilities Subpart A—OCS Facilities
Sec. § 146.1 Applicability.
146.5 Person in charge. The provisions of this subpart apply
146.10 Notice of new facilities. to OCS facilities except mobile offshore
146.15 Maintenance of emergency equip- drilling units.
ment.
146.20 Work vests. § 146.5 Person in charge.
146.30 Notice of casualties.
146.35 Written report of casualty. (a) The owner or operator, or the
146.40 Diving casualties. agent of either of them, shall designate
146.45 Pollution incidents. by title and in order of succession the
persons on each OCS facility who shall
Subpart B—Manned OCS Facilities be the ‘‘person in charge.’’
146.101 Applicability. (b) In case an emergency arises, noth-
146.102 Definitions. ing in the regulations in this sub-
146.103 Safety and Security notice of arrival chapter shall be so construed as pre-
for U.S. floating facilities. venting the person in charge from pur-
146.104 Safety and Security notice of arrival suing the most effective action in that
for foreign floating facilities. person’s judgement for rectifying the
146.105 General alarm system.
conditions causing the emergency.
146.110 Emergency signals.
146.115 Duties of personnel during an emer-
gency.
§ 146.10 Notice of new facilities.
146.120 Manning of survival craft. (a) The owner or operator of each
146.125 Emergency drills. OCS facility not in operation before
146.130 Station bill. April 5, 1982 shall, at least 30 days be-
146.135 Markings for emergency equipment.
fore the date on-site construction of
146.140 Emergency Evacuation Plan.
the facility is expected to commence,
Subpart C—Mobile Offshore Drilling Units notify the District Commander for the
area in which the facility will be lo-
146.200 Definitions. cated of:
146.201 Applicability. (1) The position in which the facility
146.202 Notice of arrival or relocation of
will be operated;
MODUs on the OCS.

146.203 Requirements for U.S. and undocu- (2) The designation assigned to the
mented MODUs. facility for identification under 30 CFR
146.205 Requirements for foreign MODUs. 250.37;
119
§ 146.15 33 CFR Ch. I (7–1–20 Edition)
(3) The date when operation of the fa- (c) Stowage. The work vests shall be
cility is expected to commence; and stowed separately from the regular
(4) The date when the facility is ex- stowage of approved life preservers.
pected to be available for inspection by The location for the stowage of work
the Coast Guard. vests shall be such as not to be easily
(b) The information required in para- confused with that for approved life
graph (a) of this section may be sub- preservers.
mitted together with a need not repeat (d) Inspections. Each work vest shall
information submitted in connection be subject to examination by a marine
with the application and notice re- inspector to determine its service-
quirements in 33 CFR part 67 for aids to ability. If found to be satisfactory, it
navigation on the Outer Continental may be continued in service, but shall
Shelf. not be stamped by a marine inspector
with a Coast Guard stamp. If a work
§ 146.15 Maintenance of emergency vest is found not to be in a serviceable
equipment. condition, then such work vest shall be
(a) The emergency equipment pro- removed from the OCS facility. If a
vided, regardless of whether or not re- work vest is beyond repair, it shall be
quired by this subchapter, shall be destroyed or mutilated in the presence
maintained in good condition at all of a marine inspector so as to prevent
times. Good operating practices require its continued use as a work vest.
replacement of expended equipment, as (e) Additional requirements for hybrid
well as periodic renewal of those items work vests. Commercial hybrid PFD’s
which have a limited period of effec- must, in addition to the other require-
tiveness. ments in this section, be—
(b) Each personal flotation device (1) Used, stowed, and maintained in
light that has a non-replaceable power accordance with—
source must be replaced on or before (i) The procedures set out in the
the expiration date of the power manual required for these devices by 46
source. CFR 160.077–29; and
(c) Each replaceable power source for (ii) Any limitation(s) marked on
a personal flotation device light must them; and
be replaced on or before its expiration (2) Of the same or similar design and
date and the light must be replaced have the same method of operation as
when it is no longer serviceable. each other hybrid PFD carried on
board.
§ 146.20 Work vests.
[CGD 78–160, 47 FR 9383, Mar. 4, 1982, as
(a) Types of approved work vests. Each amended by CGD 78–174A, 51 FR 4339, Feb. 4,
buoyant work vest carried under the 1986]
permissive authority of this section
must be approved under— § 146.30 Notice of casualties.
(1) 46 CFR 160.053; or (a) The owner, operator, and person
(2) 46 CFR 160.077 as a commercial hy- in charge of an OCS facility shall en-
brid PFD. sure that the Coast Guard is notified as
(b) Use. Approved buoyant work vests soon as possible after a casualty oc-
are considered to be items of safety ap- curs, and by the most rapid means
parel and may be carried aboard OCS available, of each casualty involving
facilities to be worn by persons em- the facility which results in:
ployed thereon when working near or (1) Death; or
over the water. The use and control of (2) Injury to 5 or more persons in a
such vests shall be under the super- single incident.
vision of the person in charge of the fa- (b) The owner, operator, and person
cility. When carried, such vests shall in charge shall ensure that the Coast
not be accepted in lieu of any portion Guard is notified promptly of each cas-
of the required number of approved life ualty involving the facility which re-
preservers and shall not be substituted sults in:
for the approved life preservers re- (1) Damage affecting the usefulness
quired to be worn during drills and of primary lifesaving or firefighting
emergencies. equipment;
120
(2) Injury causing any person to be (1) In narrative form if all appro-
incapacitated for more than 72 hours; priate parts of Form CG–2692 are ad-
(3) Damage to the facility exceeding dressed;
$25,000 resulting from a collision by a (2) On Form CG–2692 for casualties re-
vessel with the facility; or sulting in property damage, personnel
(4) Damage to a floating OCS facility injury, or loss of life.
exceeding $25,000. (c) If filed or postmarked within 5
(c) The notice required by paragraphs days of the casualty, the written report
(a) and (b) of this section must identify required by paragraph (a) of this sec-
the person giving the notice and the fa- tion serves as the notice required by
cility involved and describe, insofar as § 146.30(b).
practicable, the nature of the casualty
and the extent of injury to personnel (Approved by the Office of Management and
Budget under control number 1625–0001)
and damage to property.
(d) Damage costs referred to in para- [CGD 78–160, 47 FR 9383, Mar. 4, 1982, as
graphs (b)(3) and (b)(4) of this section amended by CGD 82–023a, 47 FR 35741, Aug.
include the cost of labor and material 16, 1982; CGD 82–023a, 48 FR 43174, Sept. 22,
1983; CGD 84–099, 52 FR 47533, Dec. 14, 1987;
to restore the facility to the service
USCG–2006–25150, 71 FR 39209, July 12, 2006]
condition which existed prior to the
casualty, but does not include the cost § 146.40 Diving casualties.
of salvage, cleaning, gas freeing,
drydocking or demurrage of the facil- Diving related casualties are re-
ity. ported in accordance with 46 CFR
197.484 and 197.486.
Budget under control number 1625–0001) § 146.45 Pollution incidents.
[CGD 78–160, 47 FR 9383, Mar. 4, 1982, as Oil pollution incidents involving an
amended by CGD 82–069, 50 FR 14216, Apr. 11, OCS facility are reported in accordance
1985; USCG–2006–25150, 71 FR 39209, July 12, with §§ 135.305 and 135.307 of this chap-
2006]
ter. Additional provisions concerning
§ 146.35 Written report of casualty. liability and compensation because of
oil pollution are contained in Sub-
(a) In addition to the notice of a cas- chapter M of this chapter.
ualty required by § 146.30, the owner,
operator, or person in charge shall,
within 10 days of the casualty, submit Subpart B—Manned OCS Facilities
to the Officer in Charge, Marine In- § 146.101 Applicability.
spection, a written report which:
(1) Identifies the facility involved, its The provisions of this subpart apply
owner, operator, and person in charge; only to manned OCS facilities except
(2) Describes the casualty, including mobile offshore drilling units.
the date and time;
(3) Describes the nature and extent of
injury to personnel and damage to For the purpose of this subpart:
property; Arrives on the OCS means when a
(4) Describes the factors which may floating facility enters any OCS block
have contributed to causing the cas- area for the purpose of engaging in op-
ualty; erations subject to the jurisdiction of
(5) Gives the name, address, and the OCS Lands Act.
phone number of persons involved in or OCS block area means the names
witnessing the casualty; and given by the Bureau of Ocean Energy
(6) Gives any desired comments, espe- Management, (BOEM) to define the
cially with respect to use of or need for OCS areas used to facilitate manage-
emergency equipment. ment or leasing on the OCS.
(7) Includes information relating to U.S., as used in the term, ‘‘U.S. float-
alcohol or drug involvement as speci- ing facility,’’ means a ‘‘floating facil-
fied in the vessel casualty reporting re- ity,’’ that is registered, documented, or
quirements of 46 CFR 4.05–12. certificated under the laws of the

(b) The written report required by United States or that is not registered,
paragraph (a) of this section may be— documented, or certificated under the
121
§ 146.103 33 CFR Ch. I (7–1–20 Edition)
laws of the United States or any other whenever the most recently submitted
nation. NOA information becomes inaccurate,
[USCG–2008–1088, 76 FR 2260, Jan. 13, 2011, as
the owner or operator of a U.S. floating
amended by USCG–2013–0797, 79 FR 36405, facility must revise and re-submit the
June 27, 2014] NOA within the times required in para-
graph (e) of this section. An owner or
§ 146.103 Safety and Security notice of operator does not need to revise or re-
arrival for U.S. floating facilities. submit an NOA for the following:
(a) General. At least 96 hours before a (1) A change in submitted arrival
U.S. floating facility arrives on the time that is less than 6 hours;
OCS from a foreign port or place or (2) Changes in the location, latitude
from a different OCS block area, ex- and longitude, of the floating facility
cluding those U.S. floating facilities from the location at the time the NOA
arriving directly from a U.S. port or was reported; or
place, to engage in OCS activities, the (3) Changes to personnel positions or
owner or operator of the floating facil- duties on the floating facility.
ity, except as provided in paragraph (f) (d) Required reporting time of an initial
of this section, must submit the fol- NOA. The owner or operator of a U.S.
lowing information to the National floating facility subject to this section
Vessel Movement Center (NVMC): must submit an initial NOA:
(1) The location, latitude and lon- (1) If the voyage time is more than 96
gitude, of the floating facility at the hours, owners or operators of a floating
time the notice of arrival (NOA) is re- facility must submit an initial NOA at
ported; least 96 hours before the U.S. floating
(2) The area designation, block num- facility arrives at the OCS location
ber or lease number, assigned under 30 where the owner or operator plans to
CFR 250.154 for identification, where perform OCS activities; or
the owner or operator of the floating (2) If the voyage time is less than 96
facility plans to perform OCS activi- hours, owners and operators of a float-
ties; ing facility must submit an initial
(3) The floating facility’s name, if NOA at least 24 hours before the U.S.
any; floating facility arrives at the OCS lo-
(4) The date when OCS operations of cation where the owner or operator
the floating facility are expected to plans to perform OCS activities.
begin and end; (e) Required reporting time of an update
(5) Names of the last two ports or to an NOA. The owner or operator of
places visited and the associated dates each floating facility subject to this
of arrival and departure; section must submit an NOA update:
(6) The following information for (1) If the most recently submitted
each individual onboard: NOA, or NOA update, differs by 24
(i) Full name; hours or more from the current esti-
(ii) Date of birth; mated time of arrival, the owner or op-
(iii) Nationality; erator of the floating facility must pro-
(iv) Passport number or marine docu- vide an updated NOA as soon as prac-
mentation number (type of identifica- ticable but at least 24 hours before the
tion and number); U.S. floating facility arrives at the
(v) Position or duties on the floating OCS location where the owner or oper-
facility; and ator plans to perform OCS activities;
(vi) Name of the port, or place, and or
country where the individual em- (2) If the most recently submitted
barked. NOA, or NOA update, differs by less
(b) Methods of submission. The notice than 24 hours from the current esti-
must be submitted to the NVMC by mated time of arrival, the owner or op-
electronic Notice of Arrival and Depar- erator of the floating facility must pro-
ture format using methods specified in vide an update as soon as practicable
the NVMC’s Web site at http:// but at least 12 hours before the U.S.
www.nvmc.uscg.gov/. floating facility arrives at the OCS lo-

(c) Updates to a submitted NOA. Unless cation where the owner or operator
otherwise specified in this section, plans to perform OCS activities.
122
(f) Towing vessels. When a towing ves- (vi) Name of the port, or place, and
sel controls a U.S. floating facility re- country where the individual em-
quired to submit an NOA under this barked.
subpart, the owner or operator of the (7) The date of issuance of the foreign
towing vessel, or lead towing vessel if floating facility’s International Safety
there is more than one, is responsible Management certificate (ISM), if any,
for submitting only one NOA con- and Document of Compliance certifi-
taining the NOA information items re- cate and the name of the flag adminis-
quired for the towing vessels, under tration, or its recognized representa-
§ 146.405, and the U.S. floating facility tive, that issued those certificates; and
under paragraph (a) of this section. (8) The date of issuance of the foreign
(g) This section does not apply to floating facility’s International Ship
U.S. floating facilities merely Security certificate (ISSC), if any, and
transiting the waters superjacent to the name of the flag administration, or
the OCS and not engaged in OCS activi- the recognized security organization
ties. representing the flag administration,
that issued the ISSC.
[USCG–2008–1088, 76 FR 2260, Jan. 13, 2011]
(b) Methods of submission. The notice
§ 146.104 Safety and Security notice of must be submitted to the National Ves-
arrival for foreign floating facili- sel Movement Center by electronic No-
ties. tice of Arrival and Departure format
using methods specified at the NVMC’s
(a) General. At least 96 hours before a
Web site at http://www.nvmc.uscg.gov/.
foreign floating facility arrives on the
(c) Updates to a submitted NOA. Unless
OCS from a foreign port or place or
otherwise specified in this section,
from a different OCS block area to en-
whenever the most recently submitted
gage in OCS activities, the owner or
NOA information becomes inaccurate,
operator of the floating facility, except
the owner or operator of the foreign
as provided in paragraph (f) of this sec-
floating facility must revise and re-
tion, must submit the following infor-
submit the NOA within the times re-
mation to the National Vessel Move-
quired in paragraph (e) of this section.
ment Center (NVMC):
An owner or operator does not need to
(1) The location, latitude and lon- revise or re-submit an NOA for the fol-
gitude, of the foreign floating facility lowing:
at the time the NOA is reported; (1) A change in submitted arrival
(2) The area designation, block num- time that is less than 6 hours;
ber or lease number, assigned under 30 (2) Changes in the location, latitude
CFR 250.154 for identification, where and longitude, of the floating facility
the owner or operator of the foreign from the location at the time the NOA
floating facility plans to perform OCS was reported; or
activities; (3) Changes to personnel positions or
(3) The foreign floating facility’s duties on the foreign floating facility.
name, if any; (d) Required reporting time of an initial
(4) The date when OCS operations of NOA. The owner or operator of a for-
the foreign floating facility are ex- eign floating facility subject to this
pected to begin and end; section must submit an initial NOA:
(5) Names of the last two ports or (1) If the voyage time is more than 96
places visited and the associated dates hours, owners or operators of a foreign
of arrival and departure; floating facility must submit an initial
(6) The following information for NOA at least 96 hours before the for-
each individual onboard: eign floating facility arrives at the
(i) Full name; OCS location where the owner or oper-
(ii) Date of birth; ator plans to perform OCS activities;
(iii) Nationality; or
(iv) Passport number or marine docu- (2) If the voyage time is less than 96
mentation number (type of identifica- hours, the owner or operator of a for-
tion and number); eign floating facility must submit an

(v) Position or duties on the foreign initial NOA at least 24 hours before the
floating facility; and foreign floating facility arrives at the
123
§ 146.105 33 CFR Ch. I (7–1–20 Edition)
OCS location where the owner or oper- the general alarm system for not less
ator plans to perform OCS activities. than 10 seconds. The abandon facility
(e) Required reporting time of an update signal shall be a continuous signal on
to an NOA. The owner or operator of a the general alarm system.
foreign floating facility subject to this
section must submit an NOA update: § 146.115 Duties of personnel during
(1) If the most recently submitted an emergency.
NOA, or NOA update, differs by 24 (a) The owner, the owner’s agent, or
hours or more from the current esti- the person in charge shall assign to
mated time of arrival, the owner or op- each person on a manned facility spe-
erator of the foreign floating facility cial duties and duty stations so that in
must provide an updated NOA as soon event an emergency arises confusion
as practicable but at least 24 hours be- will be minimized and no delay will
fore the floating facility arrives at the occur with respect to the use or appli-
OCS location where the owner or oper- cation of equipment required by this
ator plans to perform OCS activities; subchapter. The duties shall, as far as
or possible, be comparable with the reg-
(2) If the most recently submitted ular work of the individual.
NOA, or NOA update, differs by less (b) The duties shall be assigned as
than 24 hours from the current esti- necessary for the proper handling of
mated time of arrival, the owner or op- any emergency, and shall include the
erator of the foreign floating facility following:
must provide an updated NOA as soon (1) The closing of air ports, water-
as practicable but at least 12 hours be- tight doors, scuppers, and sanitary and
fore the floating facility arrives at the other discharges which lead through
OCS location where owners or opera- the facility’s hull.
tors plan to perform OCS activities. (2) The stopping of fans and ventila-
(f) Towing vessels. When a towing ves- tion systems.
sel controls a foreign floating facility (3) The donning of life preserves.
required to submit an NOA under this (4) The preparation and launching of
subpart, the owner or operator of the life floats, lifeboats, or life rafts.
towing vessel, or lead towing vessel if
there is more than one, is responsible § 146.120 Manning of survival craft.
for submitting only one NOA con- The owner, the owner’s agent, or the
taining the NOA information items re- person in charge shall assign a person
quired for towing vessels, under to each life float, lifeboat, life raft, or
§ 146.405, and the foreign floating facil- survival capsule who shall be respon-
ity under paragraph (a) of this section. sible for launching it in event of an
(g) This section does not apply to a emergency.
foreign floating facility merely
transiting the waters superjacent to § 146.125 Emergency drills.
the OCS and not engaged in OCS activi-
(a) Emergency drills shall be con-
ties.
ducted at least once each month by the
[USCG–2008–1088, 76 FR 2261, Jan. 13, 2011] person in charge of the manned facil-
ity. The drill shall be conducted as if
§ 146.105 General alarm system. an actual emergency existed. All per-
Each manned facility must have a sonnel should report to their respective
general alarm system. When operated, stations and be prepared to perform the
this system shall be audible in all parts duties assigned to them.
of the structure on which provided. (b) The person in charge and con-
ducting the emergency drill shall in-
§ 146.110 Emergency signals. struct the personnel as necessary to in-
(a) The owner, the owner’s agent, or sure that all persons are familiar with
the person in charge shall establish their duties and stations.
emergency signals to be used for call- (c) Emergency evacuation drills. The
ing the personnel to their emergency following emergency evacuation drills
stations. must be conducted:

(b) The signal to man emergency sta- (1) At least once a year, all the ele-
tions shall be an intermittent signal on ments of the Emergency Evacuation
124
Plan (EEP) under § 146.140 relating to sidered as necessary for the proper han-
the evacuation of personnel from the dling of other emergencies.
facility must be exercised through a (c) The station bill shall contain the
drill or a series of drills. The drill(s) various signals to be used for calling
must exercise all of the means and pro- the personnel to their emergency sta-
cedures listed in the EEP for each cir- tions, and to abandon the facility.
cumstance and condition described in
the EEP under § 146.140(d)(9). Budget under OMB control number 2115–0542)
(2) At least once a month, a drill
must be conducted that demonstrates [CGD 78–160, 47 FR 9383, Mar. 4, 1982, as
amended by CGD 86–011, 51 FR 5712, Feb. 18,
the ability of the facility’s personnel to
1986]
perform their duties and functions on
the facility, as those duties and func- § 146.135 Markings for emergency
tions are described in the EEP. If a equipment.
standby vessel is designated for that
facility in the EEP, the vessel must be (a) Markings shall be provided as
positioned as described in the EEP for considered necessary for the guidance
an evacuation of that facility and the of persons on manned facilities.
vessel’s crew must demonstrate its (b) The general alarm bell switches
ability to perform its duties and func- shall be identified by red letters at
tions under the EEP. least one inch high with a contrasting
background: ‘‘General Alarm.’’
(d) The date and time of such drills
shall be reported in writing by the per- (c) All general alarm bells shall be
son in charge at the time of the drill to identified by a sign at each bell in red
the owner who shall maintain this re- letters at least one inch high with a
port record for a year and furnish it sharp contrasting background: ‘‘Gen-
upon request to the Coast Guard. After eral Alarm—When Bell Rings Go to
one year, such records may be de- Your Station.
stroyed. When it is impossible to con- (d) All life floats, lifeboats, life rafts,
duct emergency drills as required by and survival capsules, together with
this section during a particular cal- paddles or oars, shall be conspicuously
endar month, during the following marked with a name or number of, or
month, a written report by the owner other inscription identifying, the facil-
shall be submitted to the Officer in ity on which placed. The number of
Charge, Marine Inspection, stating why persons allowed on each life float, life-
the drills could not be conducted. boat, or life raft shall be conspicuously
marked thereon in letters and numbers
(Approved by the Office of Management and 11⁄2 inches high. These numbers shall be
Budget under control number 1625–0018) placed on both sides of the life float,
[CGD 78–160, 47 FR 9383, Mar. 4, 1982, as lifeboat, or life raft. Inflatable life
amended by CGD 84–098b, 54 FR 21572, May 18, rafts shall be marked in accordance
1989; USCG–2006–25150, 71 FR 39209, July 12, with Subpart 160.051 of 46 CFR Part 160
2006] and no additional markings are re-
quired.
§ 146.130 Station bill. (e) All life preservers and ring life
(a) The person in charge of each buoys shall be marked with the name
manned platform shall be responsible or number of, or other inscription iden-
for and have prepared a station bill tifying, the facility on which placed ex-
(muster list). This station bill must be cept those which accompany mobile
signed by the person in charge. Copies crews to unmanned platforms may be
shall be duly posted in conspicuous lo- marked with the operator’s name and
cations on the manned platform. field designation.
(b) The station bill shall set forth the
special duties and duty stations of each § 146.140 Emergency Evacuation Plan.
member of the personnel for any emer- (a) The operator of each manned OCS
gency which involves the use or appli- facility shall develop an Emergency
cation of equipment required by this Evacuation Plan (EEP) for the facility
subchapter. In addition, it shall con- which addresses all of the items listed
tain all other duties assigned and con- in paragraph (d) of this section. The
125
§ 146.140 33 CFR Ch. I (7–1–20 Edition)
EEP may apply to more than one facil- cumstances in which that person
ity, if the facilities are located in the should be contacted;
same general geographic location and (5) List the facility’s communica-
within the same Coast Guard Officer in tions equipment, its available fre-
Charge, Marine Inspection (OCMI) quencies, and the communications
zone; if each facility covered by the schedules with shore installations,
EEP is specifically identified in the standby vessels, rescue aircraft, and
EEP; and if the evacuation needs of other OCS facilities specified in the
each facility are accommodated. The EEP;
EEP must be submitted to the OCMI (6) Identify the primary source of
having jurisdiction over the facility, 30 weather forecasting relied upon in im-
days before placing the facility in oper- plementing the EEP and state the fre-
ation. The OCMI reviews the EEP to quency of reports when normal weather
determine whether all items listed in is forecasted, the frequency of reports
paragraph (d) of this section are ad- when heavy weather is forecasted, and
dressed for each facility included in the the method of transmitting the reports
EEP. If the OCMI determines that all to the facility;
items in paragraph (d) of this section (7) Designate the individual on each
are addressed, the OCMI stamps the facility covered by the EEP who is as-
EEP ‘‘APPROVED’’ and returns it, to- signed primary responsibility for im-
gether with a letter indicating Coast plementing the EEP;
Guard approval, to the operator. If the (8) Designate those facility and
OCMI determines that any item is not shoreside support personnel who have
addressed, the OCMI stamps the EEP the authority to advise the person in
‘‘RETURNED FOR REVISION’’ and re- charge of the facility as to the best
turns the EEP, together with an expla- course of action to be taken and who
nation of the EEP’s deficiencies, to the initiate actions to assist facility per-
operator. sonnel;
(b) Once the EEP is approved under (9) Describe the recognized cir-
paragraph (a) of this section, the facil- cumstances, such as fires or blowouts,
ity operator shall ensure that a copy of and environmental conditions, such as
the EEP and the letter indicating approaching hurricanes or ice floes, in
Coast Guard approval is maintained on which the facility or its personnel
the facility. would be placed in jeopardy and a mass
evacuation of the facility’s personnel
(c) The EEP must be resubmitted for
would be recommended;
approval when substantive changes are
(10) For each of the circumstances
made to the EEP. Only the pages af-
and conditions described under para-
fected by a change need be resubmitted
graph (d)(9) of this section, list the pre-
if the EEP is bound in such a way as to
evacuation steps for securing oper-
allow old pages to be removed easily
ations, whether drilling or production,
and new ones inserted. Substantive
including the time estimates for com-
changes include, but are not limited to,
pletion and the personnel required;
installation of a new facility within
(11) For each of the circumstances
the area covered by an EEP, relocation
and conditions described under para-
of a MODU, changes in the means or
graph (d)(9) of this section, describe the
methods of evacuation, or changes in
order in which personnel would be
the time required to accomplish evacu-
evacuated, the transportation re-
ation.
sources to be used in the evacuation,
(d) The EEP must, at a minimum, the operational limitations for each
(1) Be written in language that is eas- mode of transportation specified, and
ily understood by the facility’s oper- the time and distance factors for initi-
ating personnel; ating the evacuation; and
(2) Have a table of contents and gen- (12) For each of the circumstances
eral index; and conditions described under para-
(3) Have a record of changes; graph (d)(9) of this section, identify the
(4) List the name, telephone number, means and procedures—

and function of each person to be con- (i) For retrieving persons from the
tacted under the EEP and state the cir- water during an evacuation;
126
(ii) For transferring persons from the OCS areas used to facilitate manage-
facility to designated standby vessels, ment or leasing on the OCS.
lifeboats, or other types of evacuation [USCG–2008–1088, 76 FR 2262, Jan. 13, 2011, as
craft; amended by USCG–2013–0797, 79 FR 36405,
(iii) For retrieving persons from des- June 27, 2014]
ignated standby vessels, lifeboats, or
other types of evacuation craft if used; § 146.201 Applicability.
and This subpart applies to mobile off-
(iv) For the ultimate evacuation of shore drilling units engaged in OCS ac-
all persons on the facility to land, an- tivities.
other facility, or other location where
the evacuees would be reasonably out § 146.202 Notice of arrival or reloca-
of danger under the circumstance or tion of MODUs on the OCS.
condition being addressed. (a) The owner of any mobile offshore
(e) The operator shall ensure that— drilling unit engaged in OCS activities
(1) All equipment specified in the shall, 14 days before arrival of the unit
EEP, whether the equipment is located on the OCS or as soon thereafter as
on or off of the facility, is made avail- practicable, notify the District Com-
able and located as indicated in the mander for the area in which the unit
EEP and is designed and maintained so will operate of:
as to be capable of performing its in- (1) The unit’s name, nationality, and
tended function during an emergency designation assigned for identification
evacuation; under 30 CFR 250.37;
(2) All personnel specified in the EEP (2) The location and year that the
are available and located as specified unit was built;
in the EEP and are trained in fulfilling (3) The name and address of the
their role under the EEP; and owner, and the owner’s local represent-
ative, if any;
(3) Drills are conducted in accordance
(4) Classification or inspection cer-
with § 146.125(c).
tificates currently held by the unit;
(f) A complete copy of the EEP must (5) The location and date that oper-
be made available to the facility’s op- ations are expected to commence and
erating personnel and a brief written their anticipated duration; and
summary of, or an oral briefing on, the (6) The location and date that the
EEP must be given to each person unit will be available and ready for in-
newly reporting on the facility. spection by the Coast Guard.
(g) A copy of the EEP must be on (b) Once a unit is located on the OCS,
board each standby vessel, if any, des- the owner of the unit shall notify the
ignated in the EEP and provided to all District Commander before relocating
shoreside support personnel, if any, the unit.
specified in the EEP. (c) The information required in para-
[CGD 84–098b, 54 FR 21572, May 18, 1989, as graphs (a) and (b) of this section may
amended by USCG–1998–3799, 63 FR 35530, be provided by telephone or may be
June 30, 1998] submitted together with, and need not
repeat information contained in, appli-
Subpart C—Mobile Offshore cations and notices under 33 CFR part
67 for aids to navigation on the Outer
Drilling Units Continental Shelf or 33 CFR part 135
§ 146.200 Definitions. for applications for certificate of finan-
cial responsibility.
For the purpose of this subpart:
Arrives on the OCS means when a § 146.203 Requirements for U.S. and
MODU enters any OCS block area for undocumented MODUs.
the purpose of engaging in operations Each mobile offshore drilling unit
subject to the jurisdiction of the OCS documented under the laws of the
Lands Act. United States and each mobile offshore
OCS block area means the names drilling unit that is not documented
given by the Bureau of Ocean Energy under the laws of any nation must
Management, (BOEM) to define the comply with the operating standards of
127
§ 146.205 33 CFR Ch. I (7–1–20 Edition)
46 CFR part 109 when engaged in OCS § 146.215 Safety and Security notice of
activities. arrival for U.S. or foreign MODUs.
§ 146.205 Requirements for foreign (a) General. At least 96 hours before a
MODUs. MODU arrives on the OCS from a for-
eign port or place or from a different
Each mobile offshore drilling unit
OCS block area to engage in OCS ac-
that is documented under the laws of a
foreign nation must, when engaged in tivities, excluding those U.S. MODUs
OCS activities, comply with one of the arriving directly from a U.S. port or
following: place or from an OCS block area, to en-
(a) The operating standards of 46 CFR gage in OCS activities, the owner or
part 109. operator of the MODU, except as pro-
(b) The operating standards of the vided in paragraph (f) of this section,
documenting nation if the standards must submit the following information
provide a level of safety generally to the National Vessel Movement Cen-
equivalent to or greater than that pro- ter (NVMC):
vided under 46 CFR part 109. (1) The location, latitude and lon-
(c) The operating standards for mo- gitude, of the MODU at the time the
bile offshore drilling units contained in notice of arrival (NOA) is reported;
the International Maritime Organiza- (2) The area designation, block num-
tion (IMO, formerly Inter-Govern- ber or lease number, assigned under 30
mental Maritime Consultative Organi- CFR 250.154 for identification, where
zation or IMCO) (IMO) Code for the the MODU owner or operator plans to
Construction and Equipment of Mobile perform OCS activities;
Offshore Drilling Units (IMO Assembly (3) The MODU’s name and IMO num-
Resolution A. 414(XI)) which has been ber, if any;
incorporated by reference and the re- (4) The date when operations of the
quirements of 46 CFR Part 109 for mat- MODU are expected to begin and end;
ters not addressed by the Code.
(5) Names of the last two ports or
§ 146.210 Emergency Evacuation Plan. places visited and the associated dates
of arrival and departure;
(a) Except as otherwise provided in
(6) The following information for
this section, the requirements applica-
each individual onboard:
ble to Emergency Evacuation Plans
(EEPs) on manned OCS facilities under (i) Full name;
§ 146.140 are applicable to MODUs. (ii) Date of birth;
(b) An EEP must be submitted by— (iii) Nationality;
(1) The holder of a lease or permit (iv) Passport number or marine docu-
under the Act for each MODU within mentation number (type of identifica-
the area of the lease or the area cov- tion and number);
ered by the permit; or (v) Position or duties on the MODU;
(2) The operator under 30 CFR and
250.2(gg), if other than the holder of a (vi) Name of the port, or place, and
lease or permit, for each MODU within country where the individual em-
the area in which the operator controls barked.
or manages operations. (7) The date of issuance of the
(c) To avoid unnecessary duplication, MODU’s International Safety Manage-
the EEP may incorporate by reference ment certificate (ISM), if any, and Doc-
pertinent sections of the MODU’s oper- ument of Compliance certificate and
ating manual required by 46 CFR the name of the flag administration, or
109.121. its recognized representative, that
(d) In complying with § 146.140(d)(7), issued those certificates; and
the EEP must designate the master or (8) The date of issuance of the
person in charge of the MODU under 46 MODU’s International Ship Security
CFR 109.107 as the individual who is as- certificate (ISSC), if any, and the name
signed primary responsibility for im- of the flag administration, or the rec-
plementing the EEP, as it relates to ognized security organization rep-

that MODU. resenting the flag administration, that
[CGD 84–098b, 54 FR 21573, May 18, 1989] issued the ISSC.
128
(b) Methods of submission. The notice mated time of arrival, the owner or op-
must be submitted to the National Ves- erator of the MODU must provide an
sel Movement Center (NVMC) by elec- updated NOA as soon as practicable but
tronic Notice of Arrival and Departure at least 12 hours before the MODU ar-
format using methods specified in the rives at the OCS location where the
NVMC’s Web site at http:// owner or operator plans to perform
www.nvmc.uscg.gov/. OCS activities.
(c) Updates to a submitted NOA. Unless (f) Towing vessels. When a towing ves-
otherwise specified in this section, sel controls a MODU required to sub-
whenever the most recently submitted mit an NOA under this subpart, the
NOA information becomes inaccurate, owner or operator of the towing vessel,
the owner or operator of the MODU or lead towing vessel if there is more
must revise and re-submit the NOA than one, is responsible for submitting
within the times required in paragraph only one NOA containing the informa-
(e) of this section. An owner or oper- tion required for the towing vessels,
ator does not need to revise or re-sub- under § 146.405, and the MODU under
mit an NOA for the following: paragraph (a) of this section.
(1) A change in submitted arrival
(g) This section does not apply to
time that is less than 6 hours;
MODU’s merely transiting the waters
(2) Changes in the location, latitude
superjacent to the OCS and not en-
and longitude, of the MODUs from the
location at the time the NOA was re- gaged in OCS activities.
ported; or [USCG–2008–1088, 76 FR 2262, Jan. 13, 2011, as
(3) Changes to personnel positions or amended by USCG–2013–0797, 79 FR 36405,
duties on the MODU. June 27, 2014]
(d) Required reporting time of an initial
NOA. The owner or operator of a MODU Subpart D—Vessels—Notice of
subject to this section must submit an Casualty
initial NOA:
(1) If the voyage time is more than 96 § 146.301 Applicability.
hours, owners and operators of a MODU
must submit an initial NOA at least 96 This subpart applies to vessels en-
hours before the MODU arrives at the gaged in OCS activities other than
OCS location where the owner or oper- United States vessels already required
ator plans to perform OCS activities; to report marine casualties under Sub-
or part 4.05 of 46 CFR part 4 or subpart D
(2) If the voyage time is less than 96 of 46 CFR part 109.
hours, owners and operators of a MODU
must submit an initial NOA at least 24 § 146.303 Notice and written report of
casualties.
hours before the MODU arrives at the
OCS location where the owner or oper- The owner, operator, or person in
ator plans to perform OCS activities. charge of a vessel engaged in OCS ac-
(e) Required reporting time of an update tivities shall ensure that the notice of
to an NOA. The owner or operator of a casualty requirements of § 146.30 and
MODU subject to this section must the written report requirements of
submit an NOA update: § 146.35 are complied with whenever a
(1) If the most recently submitted casualty involving the vessel occurs
NOA, or NOA update, differs by 24 which results in:
hours or more from the current esti- (a) Death;
mated time of arrival, the owner or op- (b) Injury to 5 or more persons in a
erator of the MODU must provide an single incident; or
updated NOA as soon as practicable but (c) Injury causing any person to be
at least 24 hours before the MODU ar- incapacitated for more than 72 hours.
rives at the OCS location where the
owner or operator plans to perform (Approved by the Office of Management and
OCS activities; or Budget under control number 1625–0001)
(2) If the most recently submitted [CGD 78–160, 47 FR 9383, Mar. 4, 1982, as
NOA, or NOA update, differs by less amended by USCG–2006–25150, 71 FR 39209,
than 24 hours from the current esti- July 12, 2006]
129
§ 146.401 33 CFR Ch. I (7–1–20 Edition)
Subpart E—Vessels—Safety and (2) If the voyage time is less than 96

Security Notice of Arrival hours and more than 24 hours, before
departure, or;
(3) If the voyage time is less than 24
SOURCE: USCG–2008–1088, 76 FR 2262, Jan.
13, 2011, unless otherwise noted.
hours, at least 24 hours before the ves-
sel arrives at a place on the OCS.
§ 146.401 Applicability. (b) Information required in an NOA.
The following information is required
This subpart applies to all U.S. and from the owners or operators of vessels
foreign vessels, except those U.S. ves- submitting an NOA:
sels traveling directly from a U.S. port
(1) All the information specified in 33
or place, or from an OCS block area,
CFR Table 160.206 with the exception of
bound for a place on the OCS and plan-
information required in items (2)(iii)
ning to engage in OCS activities. Ves-
sels under this subpart include, but are through (2)(vi) and item (6). Item (8) is
not limited to, standby vessels, attend- also not required except as pursuant to
ing vessels, offshore supply vessels, the laws on vessel entry (19 U.S.C. 1434)
pipelay vessels, derrick ships, diving and clearance (46 U.S.C. 60105). Vessel
support vessels, oceanographic re- owners and operators should protect
search vessels, towing vessels, and ac- any personal information they gather
commodation vessels. This subpart in preparing notices for transmittal to
does not apply to MODUs, which are the NVMC so as to prevent unauthor-
covered under § 146.215; nor does it ized disclosure of that information;
apply to floating facilities, which are (2) The area in which they are con-
covered under §§ 146.103 and 146.104. ducting their operations. This area can
be submitted as either the name of the
[USCG–2008–1088, 76 FR 2262, Jan. 13, 2011, as places, the BOEM block numbers, or
amended by USCG–2013–0797, 79 FR 36405, the latitudes and longitudes of the
June 27, 2014] places on the OCS where operations are
being conducted; and
(3) If any person onboard, including a
For the purpose of this subpart: crewmember, is not required to carry a
Arrives on the OCS means when a ves- passport for travel, then passport infor-
sel enters any OCS block area to com- mation required in Table 160.206, items
mence operations for which it has sub- (4)(iv) through (vi), and (5)(iv) through
mitted a Notice of Arrival under (vi), need not be provided for that per-
§ 146.405(b)(2). son.
OCS block area means the names (c) Updates to a submitted NOA. Unless
given by the Bureau of Ocean Energy otherwise specified in this section,
Management, (BOEM) to define the whenever the most recently submitted
OCS areas used to facilitate manage- NOA information becomes inaccurate,
ment or leasing on the OCS. the owner or operator of that vessel
must revise and re-submit the NOA
[USCG–2008–1088, 76 FR 2262, Jan. 13, 2011, as
amended by USCG–2013–0797, 79 FR 36405, within the times required in paragraph
June 27, 2014] (e) of this section. An owner or oper-
ator does not need to revise and re-sub-
§ 146.405 Safety and Security notice of mit an NOA for the following:
arrival for vessels arriving at a (1) A change in submitted arrival
place on the OCS. time that is less than 6 hours;
(a) General. The owner or operator of (2) Changes in the location, latitude
each vessel subject to this section must and longitude, of the vessel from the
submit an initial NOA to the National location at the time the NOA was re-
Vessel Movement Center (NVMC): ported; or
(1) If the voyage time is more than 96 (3) Changes to personnel positions or
hours, at least 96 hours before the ves- duties on the vessel.
sel arrives at a place on the OCS from (d) Methods of submission. The notice
a foreign port or place or from a dif- must be submitted to the NVMC by

ferent OCS block area to engage in OCS electronic Notice of Arrival and Depar-
activities; ture format using methods specified at
130
Coast Guard, DHS Pt. 147
the NVMC’s Web site at http:// 147.805 Ursa Tension Leg Platform safety
www.nvmc.uscg.gov/. zone.
(e) Required reporting time of an NOA 147.807 West Delta 143 Platform safety zone.
147.809 Mars Tension Leg Platform safety
update. The owner or operator of each zone.
vessel subject to this section must sub- 147.811 Ram-Powell Tension Leg Platform
mit an NOA update: safety zone.
(1) If the most recently submitted 147.813 Auger Tension Leg Platform safety
NOA, or NOA update, differs by 24 zone.
hours or more from the current esti- 147.815 ExxonMobil Hoover Floating OCS
mated time of arrival, the owner or op- Facility safety zone.
147.817 Sir Douglas Morpeth Tension Leg
erator of the vessel must provide an Platform safety zone.
update as soon as practicable but at 147.819 Allegheny Tension Leg Platform
least 24 hours before the vessel arrives safety zone.
at the OCS location where the owner or 147.821 Brutus Tension Leg Platform safety
operator plans to perform OCS activi- zone.
ties; 147.823 Enchilada Platform safety zone.
147.825 Chevron Genesis Spar safety zone.
(2) If the most recently submitted
147.827 Marlin Tension Leg Platform safety
NOA, or NOA update, differs by less zone.
than 24 hours from the current esti- 147.829 Matterhorn Tension Leg Platform
mated time of arrival, the owner or op- safety zone.
erator of the vessel must provide an 147.831 Holstein Truss Spar safety zone.
update as soon as practicable but at 147.833 Na Kika FDS safety zone.
least 12 hours before the vessel arrives 147.835 Magnolia TLP safety zone.
at the OCS location where the owner or 147.837 Marco Polo Tension Leg Platform
safety zone.
operator plans to perform OCS activi- 147.839 Mad Dog Truss Spar Platform safety
ties; or zone.
(3) If the remaining voyage time is 147.841 Atlantis Semi-Submersible safety
less than 24 hours, the owner or oper- zone.
ator of the vessel must provide an up- 147.843 Thunder Horse Semi-Submersible
date as soon as practicable, but at least safety zone.
12 hours before the vessel arrives at a 147.845 Perdido Regional Host safety zone.
147.847 Safety Zone; BW PIONEER Floating
place on the OCS. Production, Storage, and Offloading Sys-
(f) Towing vessels. When a towing ves- tem Safety Zone.
sel controls a vessel required to submit 147.849 Safety Zone; Olympus Tension Leg
an NOA under this subpart, the owner Platform.
or operator of the towing vessel, or 147.851 Jack St. Malo Semi-Sub Facility
lead towing vessel if there is more than Safety Zone.
one, is responsible for submitting only 147.853 Petronius Compliant Tower Facility
Safety Zone.
one NOA containing the information
147.855 Blind Faith Semi-Sub Facility Safe-
required for the towing vessels and the ty Zone.
vessel under its control. 147.857 Tahiti SPAR Facility Safety Zone.
(g) This section does not apply to 147.859 Safety Zone; Gulfstar 1 SPAR, Mis-
vessels merely transiting the waters sissippi Canyon Block 724, Outer Conti-
superjacent to the OCS and not en- nental Shelf on the Gulf of Mexico.
gaged in OCS activities. 147.861 Interim Big Foot TLP Construction
Site safety zone.
[USCG–2008–1088, 76 FR 2262, Jan. 13, 2011, as 147.863 Turritella FPSO System Safety
amended by USCG–2013–0797, 79 FR 36405, Zone.
June 27, 2014] 147.865 Titan SPAR Facility Safety Zone.
147.867 Stampede TLP facility safety zone.
147.869 Safety Zone; Appomattox FPS Facil-
PART 147—SAFETY ZONES ity, Outer Continental Shelf on the Gulf
of Mexico.
Sec. 147.1102 Platform GRACE safety zone.
147.1 Purpose of safety zones. 147.1103 Platform GINA safety zone.
147.5 Delegation of authority. 147.1104 Platform ELLEN & ELLY safety
147.10 Establishment of safety zones. zone.
147.15 Extent of safety zones.
147.1105 Platform HONDO safety zone.

147.20 Definitions. 147.1106 Exxon Santa Ynez offshore storage
147.801 Boxer Platform safety zone. and treatment vessel mooring safety
147.803 Bullwinkle Platform safety zone. zone.
131
§ 147.1 33 CFR Ch. I (7–1–20 Edition)
147.1107 Platform GILDA safety zone. priate inquiry to determine whether a
147.1108 Platform EDITH safety zone. safety zone and regulations should be
147.1109 Platform HERMOSA safety zone. established. In making this determina-
147.1110 Platform HARVEST safety zone.
147.1111 Platform EUREKA safety zone. tion, the District Commander considers
147.1112 Platform HIDALGO safety zone. all relevant safety factors, including
147.1113 Platform GAIL safety zone. existing or reasonably foreseeable con-
147.1114 Platform HARMONY safety zone. gestion of vessels, the presence of un-
147.1115 Platform HERITAGE safety zone. usually harmful or hazardous sub-
147.1116 Platform IRENE safety zone. stances, and any obstructions within
AUTHORITY: 14 U.S.C. 544; 43 U.S.C. 1333; 33 500 meters of the OCS facility. If the
CFR 1.05–1; Department of Homeland Secu- District Commander determines that
rity Delegation No. 0170.1. the circumstances warrant the estab-
SOURCE: CGD 78–160, 47 FR 9386, Mar. 4, lishment of a safety zone and regula-
1982, unless otherwise noted. tions the District Commander takes
action as necessary consistent with the
§ 147.1 Purpose of safety zones. provisions of this part.
Safety zones may be established (b) Except as provided in paragraph
around OCS facilities being con- (c) of this section, a safety zone and
structed, maintained, or operated on necessary regulations may be estab-
the Outer Continental Shelf to promote lished concerning any OCS facility
the safety of life and property on the being constructed, maintained or oper-
facilities, their appurtenances and at- ated on the Outer Continental Shelf,
tending vessels, and on the adjacent following publication of a notice of
waters within the safety zones. Regula- proposed rule making in the FEDERAL
tions adopted for safety zones may ex- REGISTER and after interested parties
tend to the prevention or control of have been given the opportunity to
specific activities and access by vessels submit comments. A zone and nec-
or persons, and include measures to essary regulations may be in effect
protect the living resources of the sea during any period when construction
from harmful agents. The regulations equipment and materials are within 500
do not encompass the operating equip- meters of the construction site until
ment or procedures used in the drilling the removal of all portions of the facil-
for and production of oil, gas, or other ity.
minerals, or the transportation of oil, (c) A safety zone and necessary regu-
gas, or other minerals by pipeline ex- lations may be established without
cept as they relate to the safety of life public rule making procedures when
and property on OCS facilities and on the District Commander determined
the waters adjacent to OCS facilities or that imminent danger exists with re-
to the protection of the living respect to the safety of life and property
sources of the sea within a safety zone on an OCS facility constructed, main-
from harmful agents. tained, or operated on the Outer Conti-
nental Shelf, its appurtenances and at-
§ 147.5 Delegation of authority. tending vessels or adjacent waters. A
The authority to establish safety safety zone and regulations may be
zones and to issue and enforce safety made effective on the date the rule is
zone regulations in accordance with published in the FEDERAL REGISTER.
the provisions of this part is delegated However, if circumstances require,
to District Commanders. they may be placed into effect imme-
diately, followed promptly by publica-
§ 147.10 Establishment of safety zones. tion in the FEDERAL REGISTER. The
(a) Whenever it comes to the atten- District Commander may utilize, in ad-
tion of the District Commander that a dition to broadcast Notices to Mari-
safety zone and regulations may be re- ners, Local Notices to Mariners, and
quired concerning any OCS facility Notices to Mariners, newspapers, and
being constructed, maintained, or oper- broadcasting stations to disseminate
ated on the Outer Continental Shelf or information concerning a safety zone
its appurtenances and attending ves- and regulations pertaining thereto.

sels, or the adjacent waters, the Dis- The public may comment concerning
trict Commander may initiate appro- the establishment of a safety zone or
132
regulations under this paragraph. A (1) An attending vessel;

safety zone or regulations may be (2) A vessel under 100 feet in length
modified or withdrawn, as appropriate, overall not engaged in towing; or
based on the comments received. (3) A vessel authorized by the Com-
(d) Geographic coordinates expressed mander, Eighth Coast Guard District.
in terms of latitude or longitude, or
[CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
both, are not intended for plotting on
maps or charts whose referenced hori- § 147.803 Bullwinkle Platform safety
zontal datum is the North American zone.
Datum of 1983 (NAD 83), unless such ge-
(a) Description. The Bullwinkle Plat-
ographic coordinates are expressly la-
form is located at position 27°53′01″ N,
beled NAD 83. Geographic coordinates
90°54′04″ W. The area within 500 meters
without the NAD 83 reference may be
(1640.4 feet) from each point on the
plotted on maps or charts reference to
structure’s outer edge is a safety zone.
NAD 83 only after application of the
(b) Regulation. No vessel may enter or
appropriate corrections that are pub-
remain in this safety zone except:
lished on the particular map or chart
(1) An attending vessel;
being used.
(2) A vessel under 100 feet in length
[CGD 78–160, 47 FR 9386, Mar. 4, 1982, as overall not engaged in towing; or
amended by CGD 86–082, 52 FR 33811, Sept. 8, (3) A vessel authorized by the Com-
1987] mander, Eighth Coast Guard District.
§ 147.15 Extent of safety zones. [CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
A safety zone establishment under
§ 147.805 Ursa Tension Leg Platform
this part may extend to a maximum safety zone.
distance of 500 meters around the OCS
facility measured from each point on (a) Description. The Ursa Tension Leg
its outer edge or from its construction Platform (Ursa TLP) is located at posi-
site, but may not interfere with the use tion 28°09′14.497″ N, 89°06′12.790″ W. The
of recognized sea lanes essential to area within 500 meters (1640.4 feet)
navigation. from each point on the structure’s
outer edge is a safety zone.
§ 147.20 Definitions. (b) Regulation. No vessel may enter or
Unless otherwise stated, the term remain in this safety zone except:
‘‘attending vessel’’ refers to any vessel (1) An attending vessel;
which is operated by the owner or oper- (2) A vessel under 100 feet in length
ator of an OCS facility located in the overall not engaged in towing; or
safety zone, which is used for the pur- (3) A vessel authorized by the Com-
pose of carrying supplies, equipment or mander, Eighth Coast Guard District.
personnel to or from the facility, which [CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
is engaged in construction, mainte-
nance, alteration, or repair of the facil- § 147.807 West Delta 143 Platform safe-
ity, or which is used for further explo- ty zone.
ration, production, transfer or storage (a) Description. The West Delta 143
of natural resources from the seabed Platform is located at position 28°39′42″
beneath the safety zone. N, 89°33′05″ W. The area within 500 me-
[CGD 08–99–023, 65 FR 16825, Mar. 30, 2000] ters (1640.4 feet) from each point on the
structure’s outer edge, not to extend
§ 147.801 Boxer Platform safety zone. into the adjacent Mississippi River Ap-
proach Fairway, is a safety zone.
(a) Description. The Boxer Platform
is located at position 27°56′48″ N,
remain in this safety zone except: (1)
90°59′48″ W. The area within 500 meters
An attending vessel;
(1640.4 feet) from each point on the
structure’s outer edge, not to extend
overall not engaged in towing; or
into the adjacent East—West Gulf of
(3) A vessel authorized by the Com-

Mexico Fairway is a safety zone.
mander, Eighth Coast Guard District.
remain in this safety zone except: [CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
133
§ 147.809 33 CFR Ch. I (7–1–20 Edition)
§ 147.809 Mars Tension Leg Platform the supply boat mooring buoys is a
safety zone. safety zone.
(a) Description. The Mars Tension Leg (b) Regulation. No vessel may enter or
Platform (Mars TLP) is located at posi- remain in this safety zone except:
tion 28°10′10.29″ N, 89°13′22.35″ W with (1) an attending vessel;
two supply boat mooring buoys at posi- (2) A vessel under 100 feet in length
tions 28°10′18.12″ N, 89°12′52.08″ W overall not engaged in towing or fish-
(Northeast) and 28°09′49.62″ N, ing; or
89°12′57.48″ W (Southeast). The area (3) A vessel authorized by the Com-
within 500 meters (1640.4 feet) from mander, Eighth Coast Guard District.
each point on the structure’s outer [CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
edge and the area within 500 meters
(1640.4 feet) of each of the supply boat § 147.815 ExxonMobil Hoover Floating
mooring buoys is a safety zone. OCS Facility safety zone.
(b) Regulation. No vessel may enter or (a) Description. The ExxonMobil Hoo-
remain in this safety zone except: ver Floating OCS Facility, Alaminos
(1) An attending vessel; Canyon Block 25A (AC25A), is located
(2) A vessel under 100 feet in length at position 26°56′33″ N, 94°41′19.55″ W.
overall not engaged in towing; or The area within 500 meters (1640.4 feet)
from each point on the structure’s
outer edge is a safety zone.
[CGD 08–99–023, 65 FR 16825, Mar. 30, 2000] (b) Regulation. No vessel may enter or
remain in this safety zone except the
§ 147.811 Ram-Powell Tension Leg following:
Platform safety zone. (1) An attending vessel;
(a) Description. The Ram-Powell Ten- (2) A vessel under 100 feet in length
sion Leg Platform (Ram-Powell TLP) overall not engaged in towing; or
is located at position 29°03′52.2″ N, (3) A vessel authorized by the Com-
88°05′30″ W with two supply boat moor- mander, Eighth Coast Guard District
ing buoys at positions 29°03′52.2″ N,
88°05′12.6″ W (Northeast) and 29°03′28.2″ [CGD08–01–025, 68 FR 4102, Jan. 28, 2003]
N, 88°05′10.2″ W (Southeast). The area
§ 147.817 Sir Douglas Morpeth Tension
within 500 meters (1640.4 feet) from Leg Platform safety zone.
each point on the structure’s outer
edge and the area within 500 meters (a) Description. The Sir Douglas
(1640.4 feet) of each of the supply boat Morpeth Tension Leg Platform
mooring buoys is a safety zone. (Morpeth TLP), Ewing Bank Block
(b) Regulation. No vessel may enter or 921A (EW 921A), is located at position
remain in this safety zone except: 28°02′05.28″ N, 90°01′22.12″ W. The area
(1) An attending vessel; within 500 meters (1640.4 feet) from
(2) A vessel under 100 feet in length each point on the structure’s outer
overall not engaged in towing; or edge is a safety zone.
(3) A vessel authorized by the Com- (b) Regulation. No vessel may enter or
mander, Eighth Coast Guard District. remain in this safety zone except the
following:
[CGD 08–99–023, 65 FR 16825, Mar. 30, 2000]
§ 147.813 Auger Tension Leg Platform (2) A vessel under 100 feet in length
safety zone. overall not engaged in towing; or
(a) Description. The Auger Tension
Leg Platform (Auger TLP) is located at
position 27°32′45.4″ N, 92°26′35.09″ W with [CGD08–01–025, 68 FR 4102, Jan. 28, 2003]
two supply boat mooring buoys at posi-
tions 27°32′38.1″ N, 92°26′04.8″ W (East § 147.819 Allegheny Tension Leg Plat-
Buoy) and 27°32′58.14″ N, 92°27′04.92″ W form safety zone.
(West Buoy). The area within 500 me- (a) Description. The Allegheny Ten-
ters (1640.4 feet) from each point on the sion Leg Platform (Allegheny TLP),
structure’s outer edge and an area Green Canyon Block 254A (GC 254A), is
within 500 meters (1640.4 feet) of each of located at position 27°41′29.65″ N,
134
90°16′31.93″ W. The area within 500 meters (1640.4 feet) from each point on the
ters (1640.4 feet) from each point on the structure’s outer edge is a safety zone.
structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or
(b) Regulation. No vessel may enter or remain in this safety zone except the
remain in this safety zone except the following:
following: (1) An attending vessel;
(1) An attending vessel; (2) A vessel under 100 feet in length
(2) A vessel under 100 feet in length overall not engaged in towing; or
overall not engaged in towing; or (3) A vessel authorized by the Com-
(3) A vessel authorized by the Com- mander, Eighth Coast Guard District.
[CGD08–01–043, 68 FR 4100, Jan. 28, 2003]
[CGD08–01–025, 68 FR 4102, Jan. 28, 2003]
§ 147.827 Marlin Tension Leg Platform
§ 147.821 Brutus Tension Leg Platform safety zone.
safety zone.
(a) Description. The Marlin Tension
(a) Description. The Brutus Tension Leg Platform (Marlin TLP), Viasca
Leg Platform (Brutus TLP), Green Knoll, Block 915 (VK 915), is located at
Canyon Block 158 (GC 158), is located at position 29°6′27.46″ N, 87°56′37.14″ W. The
position 27°47′42.86″ N, 90°38′51.15″ W. area within 500 meters (1640.4 feet)
The area within 500 meters (1640.4 feet) from each point on the structure’s
from each point on the structure’s outer edge is a safety zone.
outer edge is a safety zone. (b) Regulation. No vessel may enter or
following:
(3) A vessel authorized by the Com- (3) A vessel authorized by the Com-
mander, Eighth Coast Guard District. mander, Eighth Coast Guard District.
[CGD08–01–025, 68 FR 4102, Jan. 28, 2003] [CGD08–02–045, 68 FR 55445, Sept. 26, 2003]
§ 147.823 Enchilada Platform safety § 147.829 Matterhorn Tension Leg Plat-

zone. form safety zone.
(a) Description. The Enchilada Plat- (a) Description. The Matterhorn Ten-
form, Garden Banks Block 128A (GB sion Leg Platform A (Matterhorn
128A), is located at position 27°52′31.31″ TLP), Mississippi Canyon 243 (MC 243),
N, 91°59′11.09″ W. The area within 500 located at position 28°44′32″ N, 88°39′32″
meters (1640.4 feet) from each point on W. The area within 500 meters (1640.4
the structure’s outer edge, not to ex- feet) from each point on the structure’s
tend into the adjacent East-West Gulf outer edge is a safety zone. These co-
of Mexico Fairway, is a safety zone. ordinates are based upon [NAD 83].
(b) Regulation. No vessel may enter or (b) Regulation. No vessel may enter or
remain in this safety zone except the remain in this safety zone except the
following: following:
(1) An attending vessel; (1) An attending vessel;
(2) A vessel under 100 feet in length (2) A vessel under 100 feet in length
overall not engaged in towing; or overall not engaged in towing; or
(3) A vessel authorized by the Com- (3) A vessel authorized by the Com-
mander, Eighth Coast Guard District. mander, Eighth Coast Guard District.
[CGD08–01–025, 68 FR 4102, Jan. 28, 2003] [CGD08–03–017, 68 FR 59118, Oct. 14, 2003]
§ 147.825 Chevron Genesis Spar safety § 147.831 Holstein Truss Spar safety
zone. zone.
(a) Description. The Chevron Genesis (a) Description. Holstein, Green Can-
Spar, Green Canyon 205A (GC205A), is yon 645 (GC 645), located at position
located at position 27°46′46.365″ N, 27°19′17″ N, 90°32′08″ W. The area within
90°31′06.553″ W. The area within 500 me- 500 meters (1640.4 feet) from each point
135
§ 147.833 33 CFR Ch. I (7–1–20 Edition)
on the structure’s outer edge is a safe- These coordinates are based upon [NAD
ty zone. These coordinates are based 83].
upon North American Datum 1983. (b) Regulation. No vessel may enter or
following: (1) An attending vessel;
(1) An attending vessel; (2) A vessel under 100 feet in length
(2) A vessel under 100 feet in length overall not engaged in towing; or
overall not engaged in towing; or (3) A vessel authorized by the Com-
(3) A vessel authorized by the Com- mander, Eighth Coast Guard District.
[CGD08–04–004, 69 FR 33858, June 17, 2004]
[CGD08–03–028, 69 FR 6147, Feb. 10, 2004]
§ 147.839 Mad Dog Truss Spar Plat-
§ 147.833 Na Kika FDS safety zone. form safety zone.
(a) Description. Na Kika FDS, Mis- (a) Description. The Mad Dog Truss
sissippi Canyon 474 ‘‘A’’ (MC 474 ‘‘A’’), Spar system is in the deepwater area of
located at position 28°31′14.86″ N, the Gulf of Mexico at Green Canyon
88°17′19.69″ W. The area within 500 me- 782. The facility is located at
ters (1640.4 feet) from each point on the 27°11′18.124″ N., 90°16′7.363″ W. and the
structure’s outer edge is a safety zone. area within 500 meters (1640.4 feet)
These coordinates are based upon [NAD from each point on the facility struc-
83]. ture’s outer edge is a safety zone.
(b) Regulation. No vessel may enter or (b) Regulation. No vessel may enter or
remain in this safety zone except the remain in this safety zone except the
following: (1) An attending vessel; following:
(2) A vessel under 100 feet in length (1) An attending vessel;
overall not engaged in towing; or (2) A vessel under 100 feet in length
(3) A vessel authorized by the Com- overall not engaged in towing; or
mander, Eighth Coast Guard District. (3) A vessel authorized by the Com-
[CGD08–03–039, 69 FR 21066, Apr. 20, 2004]
[USCG–2015–0512, 80 FR 54721, Sept. 11, 2015]
§ 147.835 Magnolia TLP safety zone.
(a) Description. Magnolia TLP, Gar- § 147.841 Atlantis Semi-Submersible
den Banks 783 ‘‘A’’ (GB 783 ‘‘A’’), lo- safety zone.
cated at position 27°12′13.86″ N, (a) Description. Atlantis Semi-Sub-
92°12′09.36″ W. The area within 500 me- mersible, Green Canyon 787 (GC 787),
ters (1640.4 feet) from each point on the located at position 27°11′44″ N, 90°01′37″
structure’s outer edge is a safety zone. W. The area within 500 meters (1640.4
These coordinates are based upon [NAD feet) from each point on the structure’s
83]. outer edge is a safety zone. These co-
(b) Regulation. No vessel may enter or ordinates are based upon [NAD 83].
remain in this safety zone except the (b) Regulation. No vessel may enter or
following: remain in this safety zone except the
(1) An attending vessel; following:
(2) A vessel under 100 feet in length (1) An attending vessel;
overall not engaged in towing; or (2) A vessel under 100 feet in length
(3) A vessel authorized by the Com- overall not engaged in towing; or
mander, Eighth Coast Guard District. (3) A vessel authorized by the Com-
[CGD08–03–040, 69 FR 19934, Apr. 15, 2004]
[CGD08–05–015, 70 FR 43772, July 29, 2005]
§ 147.837 Marco Polo Tension Leg Plat-
form safety zone. § 147.843 Thunder Horse Semi-Sub-
(a) Description. Marco Polo Tension mersible safety zone.
Leg Platform, Green Canyon 608 (GC (a) Description. Thunder Horse Semi-
608), located at position 27°21′43.32″ N, Submersible, Mississippi Canyon 778
90°10′53.01″ W. The area within 500 me- (MC 778), located at position 28°11′26″ N,
ters (1640.4 feet) from each point on the 88°29′44″ W. The area within 500 meters
structure’s outer edge is a safety zone. (1640.4 feet) from each point on the
136
structure’s outer edge is a safety zone. § 147.849 Safety Zone; Olympus Ten-
These coordinates are based upon [NAD sion Leg Platform.
83]. (a) Description. The Olympus Tension
(b) Regulation. No vessel may enter or Leg Platform is in the deepwater area
remain in this safety zone except the of the Gulf of Mexico in Mississippi
following: Canyon Block 807B. The facility is lo-
(1) An attending vessel; cated at 28° 9′35.59″ N, 89°14′20.86″ W.
(2) A vessel under 100 feet in length The area within 500 meters (1640.4 feet)
overall not engaged in towing; or from each point on the structure’s
(3) A vessel authorized by the Com- outer edge and the area within 500 me-
mander, Eighth Coast Guard District. ters (1640.4 feet) of each of the supply
[CGD08–05–019, 70 FR 43770, July 29, 2005] boat mooring buoys is a safety zone.
§ 147.845 Perdido Regional Host safety remain in this safety zone except the
zone. following:
(a) Description. The Perdido Regional (1) An attending vessel;
Host is located at position 26°07′44″ N, (2) A vessel under 100 feet in length
094°53′53″ W. The area within 500 meters overall not engaged in towing; or
(1640.4 feet) from each point on the (3) A vessel authorized by the Com-
structure’s outer edge is a safety zone. mander, Eighth Coast Guard District
(b) Regulation. No vessel may enter or or a designated representative.
remain in this safety zone except the [USCG–2013–0070, 79 FR 6819, Feb. 5, 2014]
following:
(1) An attending vessel; § 147.851 Jack St. Malo Semi-Sub Facil-
(2) A vessel under 100 feet in length ity Safety Zone.
overall not engaged in towing; or (a) Description. The Jack St. Malo
(3) A vessel authorized by the Com- Semi-Sub facility is in the deepwater
mander, Eighth Coast Guard District area of the Gulf of Mexico at Walker
or a designated representative. Ridge block 718. The facility is located
[USCG–2008–1051, 74 FR 55138, Oct. 27, 2009] at 26°14′5.94″ N, 91°15′39.99″ W and the
area within 500 meters (1640.4 feet)
§ 147.847 Safety Zone; BW PIONEER from each point on the facility struc-
Floating Production, Storage, and ture’s outer edge is a safety zone.
Offloading System Safety Zone. (b) Regulation. No vessel may enter or
(a) Description. The BW PIONEER, a remain in this safety zone except the
Floating Production, Storage and Off- following:
loading (FPSO) system, is in the deep- (1) An attending vessel;
water area of the Gulf of Mexico at (2) A vessel under 100 feet in length
Walker Ridge 249. The FPSO can swing overall not engaged in towing; or
in a 360 degree arc around the center (3) A vessel authorized by the Com-
point of the turret buoy’s swing circle mander, Eighth Coast Guard District
at 26°41′46.25″ N and 090°30′30.16″ W. The or a designated representative.
area within 500 meters (1640.4 feet) [USCG–2013–0874, 79 FR 52561, Sept. 4, 2014]
around the stern of the FPSO when it
is moored to the turret buoy is a safety § 147.853 Petronius Compliant Tower
zone. If the FPSO detaches from the Facility Safety Zone.
turret buoy, the area within 500 meters (a) Description. The Petronius Com-
around the center point at 26°41′46.25″ N pliant Tower facility is in the deep-
and 090°30′30.16″ W is a safety zone. water area of the Gulf of Mexico at
(b) Regulation. No vessel may enter or Viosca Knoll Block 786. The facility is
remain in this safety zone except the located at 28°13′44″ N/¥87°47′51″ W and
following: the area within 500 meters (1640.4 feet)
(1) An attending vessel; from each point on the facility struc-
(2) A vessel under 100 feet in length ture’s outer edge is a safety zone.
overall not engaged in towing; or (b) Regulation. No vessel may enter or
(3) A vessel authorized by the Com- remain in this safety zone except the
mander, Eighth Coast Guard District. following:
[USCG–2009–0571, 75 FR 19882, Apr. 16, 2010] (1) An attending vessel;
137
§ 147.855 33 CFR Ch. I (7–1–20 Edition)
(2) A vessel under 100 feet in length area within 500 meters (1640.4 feet)
overall not engaged in towing; or from each point on the facility struc-
(3) A vessel authorized by the Com- ture’s outer edge is a safety zone.
mander, Eighth Coast Guard District (b) Regulation. No vessel may enter or
or a designated representative. remain in this safety zone except the
following:
[USCG–2013–0874, 79 FR 52561, Sept. 4, 2014]
§ 147.855 Blind Faith Semi-Sub Facility (2) A vessel under 100 feet in length
Safety Zone. overall not engaged in towing; or
(a) Description. The Blind Faith Semi-
mander, Eighth Coast Guard District
Sub facility is in the deepwater area of
or a designated representative.
the Gulf of Mexico at Mississippi Can-
yon Block 650. The facility is located at [USCG–2014–0242, 79 FR 51899, Sept. 2, 2014]
28°20′29.5279″ N/¥88°15′56.4728″ W and the
area within 500 meters (1640.4 feet) § 147.861 Interim Big Foot TLP Con-
from each point on the facility struc- struction Site safety zone.
ture’s outer edge is a safety zone. (a) Description. The Big Foot Tension
(b) Regulation. No vessel may enter or Leg Platform (TLP) construction site
remain in this safety zone except the is in the deepwater area of the Gulf of
following: Mexico at Walker Ridge 29. The Big
(1) An attending vessel; Foot TLP construction site outermost
(2) A vessel under 100 feet in length points are located at:
overall not engaged in towing; or NW Corner 26–56–18.85 N, 090–31–26.44
(3) A vessel authorized by the Com- W
mander, Eighth Coast Guard District NE Corner 26–56–18.85 N, 090–30–53.06
or a designated representative. W
SE Corner 26–55–46.76 N, 090–30–53.06
[USCG–2013–0874, 79 FR 52561, Sept. 4, 2014]
W
§ 147.857 Tahiti SPAR Facility Safety SW Corner 26–55–46.76 N, 090–31–26.44
Zone. W,
(a) Description. The Tahiti SPAR fa- and the area within 500 meters of the
cility is in the deepwater area of the construction site’s outermost points, is
Gulf of Mexico at Tahiti SPAR. The fa- a safety zone.
cility is located at 27°19′33.3″ N/ (b) Regulation. No vessel may enter or
¥90°42′50.9″ W and the area within 500 remain in this safety zone except the
meters (1640.4 feet) from each point on following:
the facility structure’s outer edge is a (1) An attending vessel;
safety zone. (2) A vessel authorized by the Com-
(b) Regulation. No vessel may enter or mander, Eighth Coast Guard District
remain in this safety zone except the or a designated representative.
following: [80 FR 42388, July 17, 2015]
(2) A vessel under 100 feet in length § 147.863 Turritella FPSO System Safe-
overall not engaged in towing; or ty Zone.
(3) A vessel authorized by the Com- (a) Description. The Turritella, a
mander, Eighth Coast Guard District Floating Production, Storage and Off-
or a designated representative. loading (FPSO) system is to be in-
[USCG–2013–0874, 79 FR 52561, Sept. 4, 2014] stalled in the deepwater area of the
Gulf of Mexico at Walker Ridge 551.
§ 147.859 Safety Zone; Gulfstar 1 SPAR, The FPSO can swing in a 360 degree arc
Mississippi Canyon Block 724, around the center point of the turret
Outer Continental Shelf on the Gulf buoy’s swing circle at 26°25′38.74″ N.,
of Mexico. 90°48′45.34″ W., and the area within 500
(a) Description. The Gulfstar 1 Spar is meters (1640.4 feet) around the stern of
in the deepwater area of the Gulf of the FPSO when it is moored to the tur-
Mexico at Mississippi Canyon Block ret buoy is a safety zone. If the FPSO
724. The facility is located at detaches from the turret buoy, the area
28°14′05.904″ N, 88°59′43.306″ W, and the within 500 meters (1640.4 feet) around
138
the center point at 26°25′38.74″ N., § 147.869 Safety Zone; Appomattox FPS
90°48′45.34″ W. is a safety zone. Facility, Outer Continental Shelf on
(b) Regulation. No vessel may enter or the Gulf of Mexico.
remain in this safety zone except the (a) Description. The Appomattox
following: Floating Production System (FPS) sys-
(1) An attending vessel; tem is in the deepwater area of the
(2) A vessel under 100 feet in length Gulf of Mexico at Mississippi Canyon
overall not engaged in towing; or Block 437. The facility is located at
(3) A vessel authorized by the Com- 28°34′25.47″ N 87°56′03.11″ W (NAD 83),
mander, Eighth Coast Guard District. and the area within 500 meters (1640.4
feet) from each point on the facility
[USCG–2015–0318, 80 FR 71942, Nov. 18, 2015] structure’s outer edge is a safety zone.
§ 147.865 Titan SPAR Facility Safety
Zone. remain in this safety zone except the
following:
(a) Description. The Titan SPAR sys- (1) An attending vessel, as defined by
tem is in the deepwater area of the 33 CFR 147.20;
Gulf of Mexico at Mississippi Canyon (2) A vessel under 100 feet in length
941. The facility is located at 28°02′02″ overall not engaged in towing; or
N. 89°06′04″ W. and the area within 500 (3) A vessel authorized by the Eighth
meters (1640.4 feet) from each point on Coast Guard District Commander or a
the facility structure’s outer edge is a designated representative.
safety zone.
(b) Regulation. No vessel may enter or [USCG–2017–0446, 83 FR 20734, May 8, 2018]
§ 147.1102 Platform GRACE safety
following: zone.
(2) A vessel under 100 feet in length (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″
mander, Eighth Coast Guard District. N, 119°–28′–05″ W.
[USCG–2015–0320, 80 FR 71944, Nov. 18, 2015] (b) Regulations: No vessel may enter
or remain in this safety zone except
§ 147.867 Stampede TLP facility safety the following: (1) An attending vessel,
zone. (2) a vessel under 100 feet in length
(a) Description. The Stampede Ten- overall not engaged in towing, or (3) a
sion Leg Platform (TLP) system is in vessel authorized by the Commander,
the deepwater area of the Gulf of Mex- Eleventh Coast Guard District.
ico at Green Canyon Block 468. The fa- [CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48
cility is located at 27°30′33.3431″ N. FR 33263, July 21, 1983]
90°33′22.963″ W. (NAD 83) and the area
within 500 meters (1640.4 feet) from § 147.1103 Platform GINA safety zone.
each point on the facility structure’s (a) Description: The area within a line
outer edge is a safety zone. 500 meters from each point on the
(b) Regulation. No vessel may enter or structure’s outer edge. The position of
remain in this safety zone except the the center of the structure is 34°–07′–02″
following: N, 119°–16′–35″ W.
(1) An attending vessel, as defined by (b) Regulations: No vessel may enter
33 CFR 147.20; or remain in this safety zone except
(2) A vessel under 100 feet in length the following: (1) An attending vessel,
overall not engaged in towing; or (2) a vessel under 100 feet in length
(3) A vessel authorized by the Eighth overall not engaged in towing, or (3) a
Coast Guard District Commander. vessel authorized by the Commander,
Eleventh Coast Guard District.

[USCG–2017–0110, 82 FR 37177, Aug. 9, 2017]
[CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48
FR 33263, July 21, 1983]
139
§ 147.1104 33 CFR Ch. I (7–1–20 Edition)
§ 147.1104 Platform ELLEN & ELLY structure’s outer edge. The position of
safety zone. the center of the structure is 34°–10′–56″
(a) Description: The areas within a N. 119°–25′–07″ W.
line 500 meters from each point on the (b) Regulations: No vessel may enter
outer edge of each structure. The or remain in this safety zone except for
structures are approximately 120 me- the following: (1) An attending vessel,
ters apart. The position of the center of (2) a vessel under 100 feet in length
each structure is: Platform Ellen, 33°– overall not engaged in towing, or (3) a
34′–57″ N, 118°–07′–42″ W; and Platform vessel authorized by the Commander,
Elly, 33°–35′–00″ N, 118°–07′–40″ W. Eleventh Coast Guard District.
(b) Regulations: No vessel may enter [CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48
or remain in this safety zone except FR 33263, July 21, 1983]
the following: (1) An attending vessel
serving either structure, (2) a vessel § 147.1108 Platform EDITH safety
under 100 feet in length overall not en- zone.
gaged in towing, or (3) a vessel author- (a) Description: The area within a line
ized by the Commander, Eleventh 500 meters from each point on the
Coast Guard District. structure’s outer edge. The position of
[CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48 the center of the structure is 33°–35′–45″
FR 33263, July 21, 1983] N. 118°–08′–27″ W.
(b) Regulations: No vessel may enter
§ 147.1105 Platform HONDO safety or remain in this safety zone except for
zone. the following: (1) An attending vessel,
(a) Description: The area within a line (2) a vessel under 100 feet in length
500 meters from each point on the overall not engaged in towing, or (3) a
structure’s outer edge. The position of vessel authorized by the Commander,
the center of the structure is 34°–23′–27″ Eleventh Coast Guard District.
N, 120°–07′–14″ W. [CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48
(b) Regulations: No vessel may enter FR 33263, July 21, 1983]
or remain in this safety zone except for
the following: (1) An attending vessel, § 147.1109 Platform HERMOSA safety
(2) a vessel under 100 feet in length zone.
overall not engaged in towing, or (3) a (a) Description: The area within a line
vessel authorized by the Commander, 500 meters from each point on the
Eleventh Coast Guard District. structure’s outer edge. The position of
[CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48 the center of the structure is 34–27–19
FR 33263, July 21, 1983] N, 120–38–47 W.
§ 147.1106 Exxon Santa Ynez offshore or remain in this safety zone except
storage and treatment vessel moor- the following: (1) An attending vessel,
ing safety zone. (2) a vessel under 100 feet in length
(a) Description: The area within a line overall not engaged in towing or (3) a
1108 meters for the center of the moor- vessel authorized by the Commander,
ing. The position of the center of the Eleventh Coast Guard District.
mooring is 34°–24′–19″ N 120°–06′00″ W. [CGD 11–84–01, 49 FR 33015, Aug. 20, 1984]
or remain in this safety zone except § 147.1110 Platform HARVEST safety
the following: (1) An attending vessel, zone.
(2) a vessel under 100 feet in length (a) Description: The area within a line
overall not engaged in towing, or (3) a 500 meters from each point on the
vessel authorized by the Commander, structure’s outer edge. The position of
Eleventh Coast Guard District. the center of the structure is 34–28–09.5
[CCGD 11–79–02, 47 FR 39679, Sept. 9, 1982; 48 N, 120–40–46.1 W.
FR 33263, July 21, 1983] (b) Regulations: No vessel may enter
or remain in this safety zone except for
§ 147.1107 Platform GILDA safety zone. the following: (1) An attending vessel,
(a) Description: The area within a line (2) a vessel under 100 feet in length
500 meters from each point on the overall not engaged in towing or (3) a
140
vessel authorized by the Commander, § 147.1114 Platform HARMONY safety

Eleventh Coast Guard District. zone.
[CGD 11–84–01, 49 FR 33016, Aug. 20, 1984] (a) Description: The area within a line
§ 147.1111 Platform EUREKA safety structure’s outer edge. The position of
zone.
(a) Description: The area within a line N, 120°–10′–03″ W.
500 meters from each point on the (b) Regulation: No vessel may enter or
structure’s outer edge. The position of remain in this safety zone except the
the center of the structure is 33–33–50
following: (1) an attending vessel; (2) a
N, 118–07–00 W.
(b) Regulations: No vessel may enter vessel under 100 feet in length overall
or remain in this safety zone except not engaged in towing; or (3) a vessel
the following: (1) An attending vessel, authorized by the Commander, Elev-
(2) a vessel under 100 feet in length enth Coast Guard District.
overall not engaged in towing or (3) a [CGD11–92–01, 57 FR 9055, Mar. 16, 1992]
vessel authorized by the Commander,
Eleventh Coast Guard District. § 147.1115 Platform HERITAGE safety
[CGD 11–84–01, 49 FR 33016, Aug. 20, 1984] zone.
(a) Description: The area within a line
§ 147.1112 Platform HIDALGO safety 500 meters from each point on the
zone.
(a) Description: The area within a line the center of the structure is 34°–21′–01″
500 meters from each point on the N, 120°–16′–45″ W.
(b) Regulation: No vessel may enter or
the center of the structure is 34–29–42
N, 120–42–08 W.
(b) Regulations: No vessel may enter following: (1) An attending vessel; (2) a
or remain in this safety zone except vessel under 100 feet in length overall
the following: (1) An attending vessel, not engaged in towing; or (3) a vessel
(2) a vessel under 100 feet in length authorized by the Commander, Elev-
overall not engaged in towing or (3) a enth Coast Guard District.
vessel authorized by the Commander, [CGD11–92–01, 57 FR 9055, Mar. 16, 1992]
Eleventh Coast Guard District.
[CGD 11–84–01, 49 FR 33016, Aug. 20, 1984] § 147.1116 Platform IRENE safety zone.
(a) Description: The area within a line
§ 147.1113 Platform GAIL safety zone.
(a) Description: The area within a line structure’s outer edge. The position of
500 meters from each point on the the center of the structure is 34°–36′–
structure’s outer edge. The position of 37.5″ N, 120°–43′–46″ W.
N, 119°–24′–01″ W.
remain in this safety zone except the following: (1) An attending vessel; (2) a
following: (1) An attending vessel, (2) a vessel under 100 feet in length overall
vessel under 100 feet in length overall not engaged in towing; or (3) a vessel
not engaged in towing, or (3) a vessel authorized by the Commander, Elev-
authorized by the Commander, Elev- enth Coast Guard District.
enth Coast Guard District. [CGD11–92–02, 57 FR 9054, Mar. 16, 1992]
[CGD11–87–06, 52 FR 9657, Mar. 26, 1987]
141
SUBCHAPTER NN—DEEPWATER PORTS
PART 148—DEEPWATER PORTS: 148.230 How is notice of a formal hearing

given?
GENERAL 148.232 What are the rules for a formal hear-
ing?
Subpart A—General 148.234 What are the limits of an Adminis-
trative Law Judge (ALJ)’s jurisdiction?
Sec.
148.236 What authority does an Administra-
148.1 What is the purpose of this sub-
tive Law Judge (ALJ) have?
chapter?
148.238 Who are the parties to a formal
148.2 Who is responsible for implementing
hearing?
this subchapter?
148.3 What Federal agencies are responsible 148.240 How does a State or a person inter-
for implementing the Deepwater Port vene in a formal hearing?
Act? 148.242 How does a person who is not a party
148.5 How are terms used in this subchapter to a formal hearing present evidence at
defined? the hearing?
148.8 How are certifying entities designated 148.244 Who must represent the parties at a
and used for purposes of this subchapter? formal hearing?
148.246 When is a document considered filed
Subpart B—Application for a License and where should I file it?
148.248 What happens when a document does
148.100 What is the purpose of this subpart? not contain all necessary information?
148.105 What must I include in my applica- 148.250 Who must be served before a docu-
tion? ment is filed?
148.107 What additional information may be 148.252 What is the procedure for serving a
required? subpoena?
148.108 What if a Federal or State agency or 148.254 How is a hearing transcript pre-
other interested party requests addi- pared?
tional information? 148.256 What happens at the conclusion of a
148.110 How do I prepare my application? formal hearing?
148.115 How many copies of the application
must I send and where must I send them? APPROVAL OR DENIAL OF THE APPLICATION
148.125 What are the application fees?
148.276 When must the application be ap-
proved or denied?
Subpart C—Processing Applications
148.277 How may Federal agencies and
GENERAL States participate in the application
process?
148.200 What is the purpose of this subpart? 148.279 What are the criteria for approval or
148.205 How are documents related to the denial of an application?
application maintained? 148.281 What happens when more than one
148.207 How and where may I view docketed application is submitted for a deepwater
documents? port in the same application area?
148.209 How is the application processed?
148.283 When is the application process
148.211 What must I do if I need to change stopped before the application is ap-
my application? proved or denied?
148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep
Subpart D—Licenses
draft channel and harbor?
148.217 How can a State be designated as an 148.300 What does this subpart concern?
Adjacent Coastal State? 148.305 What is included in a deepwater port
148.221 How do I claim, or object to a claim, license?
that required information is privileged? 148.307 Who may consult with the Com-
PUBLIC HEARINGS OR MEETINGS mandant (CG–5P) and MARAD on devel-
oping the proposed conditions of a li-
148.222 When must public hearings or meet- cense?
ings be held? 148.315 How is a license amended, trans-
148.227 How is a public hearing or meeting ferred, or reinstated?
reported? 148.320 How is a license enforced, suspended,
or revoked?
FORMAL HEARINGS
148.325 How soon after deepwater port de-
148.228 What if a formal evidentiary hearing commissioning must the licensee initiate
is necessary? removal?
142
Subpart E—Site Evaluation and Pre- AUTHORITY: 33 U.S.C. 1504; Department of

Construction Testing Homeland Security Delegation No. 0170.1
(75).
148.400 What does this subpart do?
SOURCE: USCG–1998–3884, 71 FR 57651, Sept.
148.405 What are the procedures for noti-
fying the Commandant (CG–5P) of pro-
posed site evaluation and pre-construc- EDITORIAL NOTE: Nomenclature changes to
tion testing? part 148 appear by USCG–2010–0351, 75 FR
148.410 What are the conditions for con- 36284, June 25, 2010.
ducting site evaluation and pre-construc-
tion testing?
148.415 When conducting site evaluation and
Subpart A—General
pre-construction testing, what must be
reported? § 148.1 What is the purpose of this sub-
148.420 When may the Commandant (CG–5P)
chapter?
suspend or prohibit site evaluation or This subchapter prescribes regula-
pre-construction testing? tions for the licensing, construction,
design, equipment, and operation of
Subpart F—Exemption From or Adjustments deepwater ports under the Deepwater
to Requirements in This Subchapter Port Act of 1974, as amended (codified
148.500 What does this subpart do? at 33 U.S.C. 1501 et seq.) (the Act). The
148.505 How do I apply for an exemption? regulations in this subchapter (parts
148.510 What happens when a petition for 148 through 150) have preemptive effect
exemption involves the interests of an over state or local regulations in the
Adjacent Coastal State? same field.’’
148.515 When is an exemption allowed?
148.600 What is the limit of financial liabil- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ity? as amended by USCG–2013–0397, 78 FR 39175,
148.605 How is the limit of liability deter- July 1, 2013; USCG–2012–0196, 81 FR 48243,
mined? July 22, 2016]
Subpart G—Environmental Review Criteria § 148.2 Who is responsible for imple-

for Deepwater Ports menting this subchapter?
Unless otherwise specified, the owner
148.700 How does the Deepwater Port Act of a deepwater port must ensure that
interact with other Federal and State
laws?
the requirements of this subchapter are
148.702 How were the environmental review carried out at that port.
criteria developed?
148.705 What is determined by the environ- § 148.3 What Federal agencies are re-
mental evaluation? sponsible for implementing the
148.707 What type of criteria will be used in
Deepwater Port Act?
an environmental review, and how will (a) Under delegations from the Sec-
they be applied? retary of Homeland Security and the
148.708 Must the applicant’s proposal reflect Secretary of Transportation, the Coast
potential regulations? Guard and MARAD coordinate with
148.709 How are these criteria reviewed and
each other in processing applications
revised?
148.710 What environmental conditions
for the issuance, transfer, or amend-
must be satisfied? ment of a license for the construction
148.715 How is an environmental review con- and operation of a deepwater port.
ducted? (b) MARAD is responsible for issuing
148.720 What are the siting criteria? the Record of Decision to announce
148.722 Should the construction plan incor- whether a license application is ap-
porate best available technology and rec- proved, approved with conditions, or
ommended industry practices? denied, and for issuing, revoking, and
148.725 What are the design, construction reinstating deepwater port licenses.
and operational criteria?
MARAD also has authority over the ap-
148.730 What are the land use and coastal
zone management criteria? proval of fees charged by Adjacent
148.735 What are other critical criteria that Coastal States, and certain matters re-
must be evaluated? lating to international policy, civil ac-

148.737 What environmental statutes must tions, and suspension or termination of
an applicant follow? licenses.
143
§ 148.5 33 CFR Ch. I (7–1–20 Edition)
(c) The Secretary of Transportation Applicant means a person that is the

has delegated authority over pipeline owner of a proposed deepwater port and
matters to the Pipeline Hazardous Ma- is applying for a license under this part
terials and Safety Administration. for that port.
(d) The Environmental Protection Application means an application sub-
Agency (EPA), U.S. Army Corps of En- mitted under this part for a license to
gineers, Bureau of Ocean Energy Man- own, construct, and operate a deep-
agement (BOEM) in the Department of water port.
Interior, and other Federal agencies Approval series means the first six
are designated as cooperating agencies digits of a number assigned by the
and support the Coast Guard and Coast Guard to approved equipment.
MARAD in the review and evaluation Where approval is based on a subpart of
of deepwater port license applications. 46 CFR chapter I, subchapter Q, the ap-
You can view the interagency memo- proval series corresponds to the num-
randum of understanding (MOU) out- ber of the subpart. A list of approved
lining the relative roles and respon- equipment, including all of the ap-
sibilities of these and other Federal proval series, is available at: http://
agencies at: http://www.uscg.mil/hq/G-P/ cgmix.uscg.mil/Equipment.
mso/docs/ Approved means approved by the
dwplwhitelhouseltasklforcel Commandant (CG–5P).
Area to be avoided or ATBA means a
energylstreamlining.pdf. routing measure comprising an area
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, within defined limits in which either
as amended by USCG–2011–0257, 76 FR 31837, navigation is particularly hazardous or
June 2, 2011; USCG–2013–0397, 78 FR 39175, it is exceptionally important to avoid
July 1, 2013]
casualties and should be avoided by all
§ 148.5 How are terms used in this sub- ships or certain classes of vessels. An
chapter defined? ATBA may be either recommended
(‘‘recommendatory’’) or mandatory. An
As used in this subchapter: ATBA is recommendatory when ships
Act means the Deepwater Port Act of are advised to navigate with caution in
1974, as amended (codified at 33 U.S.C. light of specially hazardous conditions.
1501 et seq.). An ATBA is mandatory when naviga-
Adjacent Coastal State means any tion is prohibited or subject to a com-
coastal State which: petent authority’s conditions. ATBAs
(1) Would be directly connected by for deepwater ports are recommenda-
pipeline to a deepwater port, as pro- tory.
posed in an application; Barrel means 42 U.S. gallons (approxi-
(2) Would be located within 15 miles mately 159 liters) at atmospheric pres-
of any such proposed deepwater port; sure and 60 °F (approximately 15.56 °C).
or Captain of the Port or COTP means a
(3) Is designated as an Adjacent Coast Guard officer who commands a
Coastal State by MARAD under 33 Captain of the Port zone described in
U.S.C. 1508(a)(2). part 3 of this chapter and who is imme-
Affiliate means a person: diately responsible for enforcing port
(1) That has a direct or indirect own- safety and security and marine envi-
ership interest of more than 3 percent ronmental protection regulations with-
in an applicant; in that area.
(2) That offers to finance, manage, Certified industrial hygienist means an
construct, or operate the applicant’s industrial hygienist who is certified by
deepwater port to any significant de- the American Board of Industrial Hy-
gree; giene.
(3) That owns or controls an appli- Certified marine chemist means a ma-
cant or an entity under paragraphs (1) rine chemist who is certified by the Na-
or (2) of this definition; or tional Fire Protection Association.
(4) That is owned or controlled by, or Certifying entity or CE means any in-
under common ownership with, an ap- dividual or organization, other than

plicant or an entity under paragraphs the operator, permitted by the Com-
(1), (2), or (3) of this definition. mandant (CG–5P) to act on behalf of
144
the Coast Guard pursuant to section (1) Has poor natural ventilation, such
148.8 of this subpart. The activities as a space with limited openings, for
may include reviewing plans and cal- example a cofferdam or double bottom
culations for construction of deepwater tank; or
ports, conducting inspections, wit- (2) Is not designed for continuous oc-
nessing tests, and certifying systems cupancy by personnel.
and/or components associated with Construction means supervising, in-
deepwater ports as safe and suitable for specting, actual building, and all other
their intended purpose. activities incidental to the building,
Citizen of the United States means: repairing, or expanding of a deepwater
(1) Any person who is a United States port or any of its components. The
citizen by law, birth, or naturalization; term includes, but is not limited to,
(2) Any State, State agency, or group fabrication, laying of pipe, pile driving,
of States; or bulk heading, alterations, modifica-
(3) Any corporation, partnership, or tions, and additions to the deepwater
other association: port.
(i) That is organized under the laws Control means the direct or indirect
of any State; power to determine the policy, business
practices, or decisionmaking process of
(ii) Whose president, chairman of the
another person, whether by stock or
board of directors, and general partners
other ownership interest, by represen-
or their equivalents, are persons de-
tation on a board of directors or simi-
scribed in paragraph (1) of this defini-
lar body, by contract or other agree-
tion; and
ment with stockholders or others, or
(iii) That has no more of its directors
otherwise.
who are not persons described in para-
Crude oil means a mixture of hydro-
graph (1) of this definition than con-
carbons that exists in the liquid phase
stitute a minority of the number re-
in natural underground reservoirs, and
quired for a quorum to conduct the
remains liquid at atmospheric pressure
business of the board of directors.
after passing through surface sepa-
Coastal environment means the coast- rating facilities, and includes:
al waters including the lands in and (1) Liquids technically defined as
under those waters, internal waters, crude oil;
and the adjacent shorelines including (2) Small amounts of hydrocarbons
waters in and under those shorelines. that exist in the gaseous phase in nat-
The term includes, but is not limited ural underground reservoirs but are
to: liquid at atmospheric pressure after
(1) Transitional and intertidal areas, being recovered from oil well (casing
bays, lagoons, salt marshes, estuaries, head) gas in lease separators; and
and beaches; (3) Small amounts of non-hydro-
(2) Fish, wildlife, and other living re- carbons produced with the oil.
sources of those waters and lands; and Dangerous atmosphere means an at-
(3) The recreational and scenic values mosphere that:
of those lands, waters, and resources. (1) May expose personnel to the risk
Coastal State means a State of the of death, incapacitation, injury, or
United States in or bordering the At- acute illness; or
lantic, Pacific, or Arctic Oceans or the (2) May impair ability to escape from
Gulf of Mexico. the atmosphere unaided.
Commandant (CG–5P) means the As- Deepwater port:
sistant Commandant for Prevention, or (1) Means any fixed or floating man-
that individual’s authorized represent- made structures other than a vessel, or
ative, at Commandant (CG–5P), Attn: any group of structures, located be-
Assistant Commandant for Prevention, yond State seaward boundaries that
U.S. Coast Guard Stop 7501, 2703 Martin are used or are intended for use as a
Luther King Jr. Avenue SE., Wash- port or terminal for the transpor-
ington, DC 20593–7501. tation, storage, or further handling of
Confined space means a space that oil or natural gas for transportation to
may contain a dangerous atmosphere, any State, except as otherwise pro-
including a space that: vided in the Deepwater Port Act of
145
§ 148.5 33 CFR Ch. I (7–1–20 Edition)
1974, as amended, and for other uses not Hose string means the part of a single
inconsistent with the purposes of the point mooring connection for oil or
Deepwater Ports Act, including trans- natural gas transfer made out of flexi-
portation of oil or natural gas from the ble hose of the floating or float/sink
United States’ OCS; type that connects the tanker’s mani-
(2) Includes all components and fold to the single point mooring.
equipment, including pipelines, pump- Hot work means work that produces
ing stations, service platforms, buoys, heat or fire, such as riveting, welding,
mooring lines, and similar facilities, to burning, or other fire-or spark-pro-
the extent that they are located sea- ducing operations.
ward of the high water mark; Lease block means an area established
(3) Includes, in the case of natural either by the Secretary of the Interior
gas, all components and equipment, in- under section 5 of the OCS Lands Act,
cluding pipelines, pumping or com- 43 U.S.C. 1334, or by a State under sec-
pressor stations, service platforms, tion 3 of the Submerged Lands Act, 43
buoys, mooring lines, and similar fa- U.S.C. 1311.
cilities which are proposed and/or ap- License means a license issued under
proved for construction and operation this part to own, construct, and oper-
as part of the deepwater port, to the ate a deepwater port.
extent that they are located seaward of Licensee means a citizen of the
the high water mark and do not in- United States holding a valid license
clude interconnecting facilities; and for the ownership, construction, and
operation of a deepwater port that was
(4) Must be considered a ‘‘new
issued, transferred, or renewed under
source’’ for purposes of the Clean Air
this subchapter.
Act, as amended (codified at 42 U.S.C.
Marine environment includes:
7401 et seq.), and the Federal Water Pol-
(1) The coastal environment, waters
lution Control Act, as amended (codi-
of the contiguous zone, the Exclusive
fied at 33 U.S.C. 1251 et seq.).
Economic Zone, and the high seas;
District commander means an officer (2) Fish, wildlife, and other living re-
who commands a Coast Guard district sources of those waters; and
described in part 3 of this chapter, or (3) The recreational and scenic values
that individual’s authorized represent- of those waters and resources.
ative. Marine site means the area in which
Emergency medical technician means a the deepwater port is located, includ-
person trained and certified to appraise ing the safety zone and all areas sea-
and initiate the administration of ward of the high water mark in which
emergency care for victims of trauma associated components and equipment
or acute illness before or during trans- of the deepwater port are located.
portation of the victims to a health Maritime Administration or MARAD
care facility via ambulance, aircraft or means the Administrator of the Mari-
vessel. time Administration or that person’s
Engineering hydrographic survey designees, and includes the Associate
means a detailed geological analysis of Administrator, Port, Intermodal and
seabed soil samples performed to deter- Environmental Activities, Maritime
mine the physical composition, for ex- Administration, or that individual’s
ample the mineral content, and struc- authorized representative, at 400 Sev-
tural integrity for the installation of enth Street, SW., Washington, DC
offshore components and structures. 20590, telephone 202–366–4721.
Governor means the governor of a Metering platform means a manned or
State or the person designated by unmanned platform consisting of ei-
State law to exercise the powers grant- ther a fixed or floating structure that
ed to the governor under the Act. serves as an interchange site for meas-
Gross under keel clearance means the uring the rate of transfer of natural
distance between the keel of a tanker gas from vessel to pipeline.
and the ocean bottom when the tanker Natural gas means either natural gas,
is moored or anchored in calm water unmixed, or any mixture of natural or

free of wind, current, or tide conditions artificial gas, including compressed or
that would cause the tanker to move. liquefied natural gas.
146
Natural gas liquids means liquid hy- oil facilities or § 127.301 for liquefied
drocarbons associated with or ex- natural gas (LNG) facilities. Within
tracted from natural gas, for example this subchapter, other references to
ethane, propane and butane extracted person in charge, without the use of
from natural gas. the acronym PIC, will mean a person in
Net under keel clearance means the charge of an operation other than
distance between the keel of a tanker transfer operations.
and the ocean bottom when the tanker Personnel means individuals who are
is underway, anchored, or moored, and employed by licensees, operators, con-
subject to actual wind, waves, current, tractors, or subcontractors, and who
and tide motion. are on a deepwater port because of
No anchoring area or NAA means a their employment.
routing measure comprising an area Pipeline end manifold means the pipe-
within defined limits where anchoring line end manifold at a single point
is hazardous or could result in unac- mooring.
ceptable damage to the marine envi- Platform means a fixed for floating
ronment. Anchoring in a no anchoring structure that rests on or is embedded
area should be avoided by all vessels or in the seabed or moored in place and
certain classes of vessels, except in that has floors or decks where an activ-
case of immediate danger to the vessel ity or specific function may be carried
or the person on board. out.
Officer in Charge of Marine Inspection Pumping platform complex means a
or OCMI means an individual who com- platform or a series of interconnected
mands a marine inspection zone de- platforms, exclusive of a deepwater
scribed in part 3 of this chapter, and port, consisting of one or more single
who is immediately responsible for the point moorings or submerged turret
performance of duties with respect to loading buoys that can pump oil or
inspections, enforcement, and adminis- natural gas and that has one or more of
tration of regulations governing a the following features or capabilities:
deepwater port. (1) Can handle the mooring and load-
Offshore competent person means an ing of small vessels;
individual trained and designated by (2) Has berthing and messing facili-
his or her employer in matters relating ties; and
to confined space pre-entry testing and (3) Has a landing area for helicopters.
certification at a deepwater port, prior Reconnaissance hydrographic survey
to entry. An offshore competent person means a scientific study of fresh and
should demonstrate proficiency in the saltwater bodies, currents and water
following criteria: content, cultural resources, seabed
(1) Hazard description and recogni- soils and subsea conditions, for exam-
tion; ple existing pipelines or subsea wells. A
(2) Hazard evaluation and measure- visual representation of the survey
ment; findings is normally depicted on a
(3) Hazard prevention; chart of the examined area.
(4) Control and elimination; and Routing systems means any system of
(5) Practical application simulation. one or more vessel routes or routing
Oil means petroleum, crude oil, and measures aimed at reducing the risk of
any substance refined from petroleum casualties. It includes traffic separa-
or crude oil. tion schemes, two-way routes, rec-
Operator means the person who is li- ommended tracks, areas to be avoided,
censed under 33 U.S.C. 1503 to own, con- no anchoring areas, inshore traffic
struct, and operate a deepwater port, zones, roundabouts, precautionary
or that person’s designee. areas and deepwater routes.
Person means an individual, a public Safety zone means a safety zone es-
or private corporation, a partnership or tablished around a deepwater port
other association, or a government en- under part 150, subpart J, of this chap-
tity. ter. The safety zone may extend to a
Person in Charge (PIC) means an indi- maximum distance of 500 meters (ap-
vidual designated as a person in charge proximately 1,640 feet) around the fa-
of transfer operations under § 154.710 for cility, measured from each point on its
147
§ 148.8 33 CFR Ch. I (7–1–20 Edition)
outer edge or from its construction § 148.8 How are certifying entities des-
site, except as authorized by generally ignated and used for purposes of
accepted international standards or as this subchapter?
recommended by the International (a) Applicants and licensees may
Maritime Organization. However, the nominate a certifying entity (CE) for
zone may not interfere with the use of the performance of tasks for which the
recognized sea lanes. Coast Guard is responsible under this
Single point mooring or SPM means an subchapter.
offshore berth that links an undersea (b) Nominations may be made at any
pipeline to a moored tanker and allows time after the Maritime Administra-
for the transfer of oil or natural gas be- tion issues a record of decision approv-
tween the tanker and the pipeline. ing the application, and must include
Single point mooring oil transfer system the following information for each
or SPM–OTS means the part of the oil nominee:
transfer system from the pipeline end (1) The specific functions or tasks to
manifold to the end of the hose string be performed by the nominee;
that connects to the tanker’s manifold. (2) Name and address;
(3) Size and type of organization or
Single (or multiple) point mooring nat-
corporation;
ural gas transfer system or SPM–NGTS
(4) Previous experience as a CE, cer-
(or MPM–NGTS) means the part of the
tified verification agent, or similar
natural gas transfer system from the
third-party representative;
pipeline end manifold to the end of the
(5) Experience in design, fabrication,
hose string that connects to the tank-
or installation of fixed offshore oil and
er’s manifold.
gas platforms, similar fixed, floating,
State includes each State of the or gravity-based structures and
United States, the District of Colum- project-related structures, systems,
bia, the Commonwealth of Puerto Rico, and equipment;
and the territories and possessions of (6) Technical capabilities, including
the United States. professional certifications and organi-
Support vessel means a vessel working zational memberships of the nominee
for a licensee at a deepwater port or or the primary staff to be associated
cleared by a licensee to service a tank- with the CE’s duties for the specific
er calling at a deepwater port, and in- project;
cludes a: (7) In-house availability of, or access
(1) Tug; to, appropriate technology such as
(2) Line-handling boat; computer modeling programs and hard-
(3) Crew boat; ware or testing materials and equip-
(4) Supply vessel; ment;
(5) Bunkering vessel; (8) Ability to perform and effectively
(6) Barge; or manage the duties for which it is nomi-
nated considering current resource
(7) Other similar vessel.
availability;
Survival craft means a craft described (9) Previous experience with regu-
in § 149.303 of this subchapter. latory requirements and procedures;
Tanker means a vessel that calls at a (10) A statement signed by the nomi-
deepwater port to unload oil or natural nee’s chief officer or that person’s des-
gas. ignee that the nominee:
Vessel means every description of (i) Is not owned or controlled by the
watercraft, including non-displacement designer, manufacturer, or supplier of
craft e.g., wing-in-ground (WIG) craft, any equipment, material, system, or
seaplanes) capable of being used, as a subsystem that would be the subject of
means of transportation on or through the nominee’s duties, or by any manu-
the water. facturer of similar equipment or mate-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, rial; and that
as amended by USCG–2010–0351, 75 FR 36284, (ii) The nominee will allow access to
June 25, 2010; USCG–2013–0397, 78 FR 39175, an official representative of the Coast

July 1, 2013; USCG–2014–0410, 79 FR 38435, Guard, upon request, to facilities or
July 7, 2014] records that relate to its duties; and
148
(11) A list of documents and certifi- (b) Experience in matters relating to

cations to be furnished to the Coast deepwater ports. (1) A description of the
Guard by the nominee. applicant’s, affiliate’s, and consultant’s
(c) The Commandant (CG–5P) may experience in offshore operations, par-
accept or reject the nomination of a CE ticularly operations involving the
and will provide guidance and over- transfer and storage of liquid cargo,
sight to each CE. The Commandant and the loading and unloading of ves-
(CG–5P) may terminate the acceptance sels.
of a CE at any time. (2) For each affiliate that has a sig-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, nificant contract with the applicant for
as amended by USCG–2013–0397, 78 FR 39175, construction of the deepwater port, a
July 1, 2013] description of that affiliate’s experi-
ence in construction of marine ter-
Subpart B—Application for a minal facilities, offshore structures,
License underwater pipelines, and seabed foun-
dations; in addition to a description of
§ 148.100 What is the purpose of this other experiences that would bear on
subpart? the affiliate’s qualification to partici-
This subpart describes how to apply pate in the construction of a deepwater
for a license to own, construct, and op- port.
erate a deepwater port. (c) Engineering firms. For each engi-
neering firm, if known, that will design
§ 148.105 What must I include in my the deepwater port or a portion of the
application? port, the application must include the
Your application must include the in- firm’s:
formation required by this section. (1) Name;
(a) General. For each applicant, affil- (2) Address;
iate, and consultant: (3) Citizenship;
(1) The name, address, telephone (4) Telephone number; and
number, citizenship, and principal busi- (5) Qualifications.
ness activity of the applicant and its (d) Citizenship and operating authority.
affiliates; For each applicant or group of appli-
(2) The name, address, and principal cants, provide:
business activity of each subsidiary, di- (1) An affidavit that the applicant is
vision of the applicant, or its affiliates a citizen of the United States;
that participated in the decision to (2) For State agency applicants, the
apply for a license to build a deepwater law authorizing the applicant to under-
port; take the operations detailed in the ap-
(3) A description of how each affiliate plication;
is associated with the applicant, and of (3) For private corporation appli-
the ownership interest each affiliate cants, the current charter or certifi-
has in the applicant; cate of incorporation and current by-
(4) A list of the applicant’s corporate laws; and affidavits of U.S. or foreign
officers and directors, and each affil- citizenship from the president, chair-
iate that participated in the decision man of the board, and each director or
to apply for a license; their equivalents; for limited liability
(5) A statement for each applicant or companies, the equivalent organiza-
affiliate, providing complete and de- tional documents, and affidavits from
tailed information on any civil or the members of the Board of Managers,
criminal legal proceeding during the and members; and
preceding 5 years that relates to, or (4) For partnerships, including lim-
that could materially affect, informa- ited liability partnerships, or associa-
tion in the license application; and, tions not formed or owned solely by in-
(6) A declaration by the applicant dividual citizens of the United States,
that neither the applicant nor its affil- the certificate of formation; the part-
iate has engaged in any lobbying ac- nership agreement or articles of asso-
tivities that are prohibited by 31 U.S.C. ciation; the current by-laws; the min-
1352 or any other applicable Federal utes of the first board meeting; and af-
anti-lobbying statute. fidavits of U.S. or foreign citizenship
149
§ 148.105 33 CFR Ch. I (7–1–20 Edition)
from the president and each director, sponsible for the costs associated with
or their equivalents. removal of all deepwater port compo-
(e) Address for service of documents. nents. Should a license be granted,
The name and address of one individual MARAD will require a bond, guarantee,
who may be served with documents if a or other financial instrument to cover
formal hearing is held concerning the the complete cost of decommissioning
application, and the name and address as a condition of the license.
of one individual who may receive (3) Annualized projections or esti-
other documents. mates, along with the underlying as-
(f) Location and use. The proposed lo- sumptions, for the next 5 years and at
cation and capacity of the deepwater reasonable intervals throughout the
port, a general description of the an- life of the deepwater port, of each of
ticipated use of the deepwater port, the following:
and whether access will be open or (i) Total oil or natural gas through-
closed. put, and subtotals showing throughput
(g) Financial information. (1) For the owned by the applicant and its affili-
applicant, each affiliate with an owner- ates and throughput owned by others;
ship interest in the applicant of greater (ii) Projected financial statements,
than 3 percent, and affiliates which including a balance sheet and income
have a direct contractual relationship statement; and
with the deepwater port: (iii) Annual operating expenses,
(i) Annual financial statements, au- showing separately any payment made
dited by an independent certified pub- to an affiliate for any management du-
lic accountant, for the previous 3 ties carried out in connection with the
years, including, but not limited to, an operation of the deepwater port.
income statement, balance sheet, and (4) A copy of all proposals or agree-
cash flow statement with footnote dis- ments concerning the management and
closures prepared according to U.S. financing of the deepwater port, includ-
Generally Accepted Accounting Prin- ing agreements relating to through-
ciples; provided, however, that the puts, capital contributions, loans,
Commandant (CG–5), in concurrence guarantees, commitments, charters,
with MARAD, may waive this require- and leases.
ment upon finding: (5) The throughput reports for the
(A) That the affiliate does not, in the calendar year preceding the date of the
normal course of business, produce au- application, for the applicant and each
dited statements; and of the applicant’s affiliates engaged in
(B) That the affiliate is part of a producing, refining, or marketing oil or
larger corporate group whose audited natural gas and natural gas liquids,
statement provides sufficient informa- along with a copy of each existing or
tion to support an adequate assessment proposed throughput agreement. Each
of the affiliate’s relationship with and throughput report must list the
impact on the applicant; and throughput of the following products:
(ii) Interim income statements and (i) Crude oil; and if crude oil is the
balance sheets for each quarter that only product the port is designed to
ends at least 30 days before submission transport, the throughput report may
of the application, unless it is included be limited to reporting crude oil;
in the most recent annual financial (ii) Gasoline;
statement. (iii) Jet aviation fuel;
(2) An estimate of construction costs, (iv) Distillate fuel oils;
including: (v) Other refinery products;
(i) A phase-by-phase breakdown of (vi) Natural gas; and
costs; (vii) Natural gas liquids.
(ii) The estimated completion dates (h) Construction contracts and con-
for each phase; and struction-related studies. (1) A copy of
(iii) A preliminary estimate of the each contract that the applicant made
cost of removing all of the deepwater for the construction of any component
port marine components, including of the deepwater port or for the oper-
pipelines that lie beneath the seabed. ation of the port.
The operator of a deepwater port is re- (2) A listing and abstract of:
150
(i) All completed or ongoing studies (ii) The identity of the lessee or
on deepwater ports conducted by or for grantee of each pipeline or other right-
the applicant; and of-way.
(ii) All other construction-related (2) Detailed information concerning
studies used by the applicant. any interest that anyone, including the
(3) The identity of each contractor, if applicant, has in each block.
known, that will construct or install (3) Detailed information concerning
the deepwater port or a portion of the the present and planned use of each
port, including each firm’s: block.
(i) Name; (l) Overall site plan. Single-line draw-
(ii) Address; ings showing the location and type of
each component of the proposed deep-
(iii) Citizenship;
water port and its necessary facilities,
(iv) Telephone number; and
including:
(v) Qualifications. (1) Floating structures;
(i) Compliance with Federal water pol- (2) Fixed structures;
lution requirements. (1) Evidence, to the (3) Aids to navigation;
extent available, that the requirements (4) Manifold systems; and
of section 401(a)(1) of the Federal Water (5) Onshore storage areas, pipelines,
Pollution Control Act Amendments of and refineries.
1972, 33 U.S.C. 1341(a)(1), will be satis- (m) Site plan for marine components. A
fied. If complete information is not site plan consisting of the following:
available by the time MARAD must ei- (1) The proposed size and location of
ther approve or deny the application all:
under 33 U.S.C. 1504(i)(1), the license for (i) Fixed and floating structures and
the deepwater port is conditioned upon associated components seaward of the
the applicant demonstrating that the high water mark, only if the proposal
requirements of section 401(a)(1) of the does not involve a connected action,
Federal Water Pollution Control Act for example, installation of new pipe-
Amendments of 1972, 33 U.S.C. line extending inshore of the state
1341(a)(1), will be satisfied. boundary line;
(2) In cases where certification under (ii) Recommended ships’ routing
33 U.S.C. 1341(a)(1) must be obtained measures and proposed vessel traffic
from the Environmental Protection patterns in the deepwater port area, in-
Agency Administrator, the request for cluding aids to navigation; and
certification, and pertinent informa- (iii) Recommended anchorage areas
tion, such as plume modeling, related and, for support vessels, mooring areas;
to the certification. and
(j) Coastal zone management. A re- (2) A reconnaissance hydrographic
quest for each certification required by survey of the proposed marine site.
section 307 of the Coastal Zone Man- This survey should provide data on the
agement Act of 1972, 16 U.S.C. 1456, as water depth, prevailing currents, cul-
amended. tural resources, and a general charac-
(k) Identification of lease block. (1) terization of the sea bottom. A require-
Identification of each lease block ment to submit an engineering hydro-
where any part of the proposed deep- graphic survey of the final marine site
water port or its approaches is located. will be imposed as a condition in the li-
This identification must be made on of- cense. The latter survey will require
ficial Outer Continental Shelf leasing more extensive analysis of the soil, and
maps or protraction diagrams, where detailed study to determine its phys-
available. Each map and diagram must ical composition, such as minerals, and
be certified by a professional surveyor. if the sea bottom can support fixed
For each lease block, provide the fol- components comprising a deepwater
lowing: port. The applicant may submit exist-
(i) A description of each pipeline, or ing data, gathered within the previous
other right-of-way crossing, in enough 5 years, but it must be supplemented
detail to allow plotting of the rights- by field data for the specific locations
of-way to the nearest one-tenth of a in which a high degree of variability
second in latitude and longitude; and exists.
151
§ 148.105 33 CFR Ch. I (7–1–20 Edition)
(n) Soil data. An analysis of the gen- lights if the component is a mooring
eral character and condition of the buoy.
ocean bottom, sub-bottom, and upland (2) The criteria, developed under part
soils throughout the marine site. The 149 of this chapter, to which each float-
applicant may use existing data, so ing component will be designed and
long as it was collected within the last built.
5 years and continues to provide accu- (3) The design standards and codes to
rate information about conditions be used.
throughout the site. If not, a new sur- (4) The title of each recommended en-
vey must be completed to provide sup- gineering practice that will be applied.
plemental data. The analysis must in- (5) A description of safety, fire-
clude an opinion by a registered profes- fighting, and pollution prevention
sional engineer specializing in soil me- equipment to be used on each floating
chanics concerning: component.
(1) The suitability of the soil to ac- (6) A description of the lighting that
commodate the anticipated design load will be used on floating hoses, for night
of each marine component that will be detection.
fixed to or supported on the ocean (r) Information on dedicated fixed off-
floor; and shore components. (1) A description and
(2) The stability of the seabed when preliminary design drawing for each
exposed to environmental forces result- dedicated fixed offshore component.
ing from severe storms or lesser forces (2) The design criteria, developed
that occur over time, including any under part 149 of this chapter, to which
history of accretion or erosion of the each fixed offshore component will be
coastline near the marine site. designed and built.
(o) Archeological information. An anal- (3) The design standards and codes to
ysis of the information from the recon- be used.
naissance hydrographic survey by a (4) The title of each recommended en-
qualified underwater archeologist to gineering practice to be followed.
determine the historical or other sig- (5) A description of the following
nificance of the area where the site equipment that will be installed:
evaluation and pre-construction test- (i) Navigational lighting;
ing activities were conducted. The (ii) Safety equipment;
analysis must meet standards estab- (iii) Lifesaving equipment;
lished by the Bureau of Ocean Energy (iv) Firefighting equipment;
Management (BOEM) for activities on (v) Pollution prevention equipment,
the Outer Continental Shelf, or an al- excluding response equipment which
ternative standard that has been sub- must be outlined in the facility re-
mitted to and approved by the Coast sponse plan; and
Guard. The survey must include the (vi) Waste treatment equipment.
areas potentially affected by the deep- (6) A description and preliminary de-
water port, or any other associated sign drawing of the following:
platforms, and its pipeline routes. (i) The cargo pumping equipment;
(p) Vessel information. (1) The nation (ii) The cargo piping system;
of registry for, and the nationality or (iii) The control and instrumentation
citizenship of, officers and crew serving system; and
on board vessels transporting natural (iv) Any associated equipment, in-
gas that are reasonably anticipated to cluding equipment for oil or natural
be servicing the deepwater port; and gas throughput measuring, leak detec-
(2) Description of the information tion, emergency shutdown, and the
that will be provided in the operations alarm system.
manual pertaining to vessel operations, (7) The personnel capacity of each
vessel characteristics, and weather deepwater port pumping platform com-
forecasting. plex.
(q) Information on floating components. (s) Refurbished Outer Continental Shelf
(1) A description and preliminary de- facilities and co-located fixed offshore
sign drawing of each floating compo- components. (1) A description and pre-
nent, including the hoses, anchoring or liminary design drawing for each such
securing structure, and navigation facility or component.
152
(2) The design criteria, developed cluding a detailed analysis that shows
under part 149 of this chapter, to which throughput and capacity rates of all
each facility or component will be de- pipelines involved in the transport of
signed and built or modified; product to shore.
(3) The design standards and codes to (u) Information about onshore compo-
be used; nents. To the extent known by the ap-
(4) The title of each recommended en- plicant:
gineering practice to be followed; (1) A description of the location, ca-
(5) A description of the following pacity, and ownership of all planned
equipment to be installed or refur- and existing onshore pipelines, storage
bished: facilities, refineries, petrochemical fa-
(i) Navigational lighting; cilities, and transshipment facilities
(ii) Safety equipment; that will be served by the deepwater
(iii) Lifesaving equipment; port. Crude oil or natural gas gathering
(iv) Firefighting equipment; lines and lines wholly within a deep-
(v) Pollution prevention equipment, water port must be included in data
excluding response equipment which about onshore components only if spe-
must be outlined in the facility re- cifically required. Entry points and
sponse plan; major connections between lines and
(vi) Waste treatment equipment; and with bulk purchasers must be included.
(vii) Cathodic protection. (2) A chart showing the location of
(6) A description and preliminary de- all planned and existing facilities that
sign drawing of the following: will be served by the deepwater port,
(i) The cargo pumping equipment; including:
(ii) The cargo piping system; (i) Onshore pipelines;
(iii) The control and instrumentation (ii) Storage facilities;
system; and
(iii) Refineries;
(iv) Any associated equipment, in-
(iv) Petrochemical facilities; and
cluding equipment for oil or natural
gas throughput measuring, leak detec- (v) Transshipment facilities.
tion, emergency shutdown, and the (3) A copy of all proposals or agree-
alarm system. ments with existing and proposed refin-
(7) The personnel capacity of each eries that will receive oil transported
deepwater port pumping platform com- through the deepwater port, the loca-
plex. tion and capacity of each such refinery,
(t) Information on offshore pipelines. and the anticipated volume of such oil
(1) A description and preliminary de- to be refined by each such refinery.
sign drawing of the marine pipeline, in- (v) Information on miscellaneous com-
cluding: ponents. (1) A description of each radio
(i) Size; station or other communications facil-
(ii) Throughput capacity; ity to be used during construction and
(iii) Length; operation of the deepwater port and its
(iv) Depth of cover; and proposed concept of operation.
(v) Protective devices. (2) A description of the radar naviga-
(2) The design criteria to which the tion system to be used in operation of
marine pipeline will be designed and the deepwater port outlined in the op-
built. erations manual.
(3) The design standards and codes to (3) A description of the method that
be used. will be used for bunkering vessels using
(4) The title of each recommended en- the deepwater port.
gineering practice to be followed. (4) A brief description of the type,
(5) A description of the metering sys- size, and number of vessels that will be
tem that will measure flow rate. used in bunkering, mooring, and serv-
(6) Information concerning all sub- icing the vessels using the deepwater
merged or buried pipelines that will be port.
crossed by the offshore pipeline, and (5) A description and location of the
how each crossing will be made. shore-based support facilities, if any,

(7) Information on the pipeline that that will be provided for vessels that
will connect to the deepwater port, in- will be used in bunkering, mooring, and
153
§ 148.105 33 CFR Ch. I (7–1–20 Edition)
servicing the vessels using the deep- eral, tribal, and State requirements for
water port; or that serve as offices or the protection of the environment.
facilities in support of the deepwater (aa) Aids to navigation. (1) For each
port operations. proposed aid to navigation, the pro-
(6) A copy of the actual radio station posed position of the aid, described by
license, or, if not available, a copy of latitude and longitude coordinates to
the application sent to the Federal the nearest second or tenth of a second,
Communications Commission, if avail- as determined from the largest scale
able. chart of the area in which the aid is to
(w) Construction procedures. A descrip- be located. Specify latitude and lon-
tion of the method and procedures to gitude to a level obtained by visual in-
be used in constructing each compo- terpolation between the finest gradua-
nent of the deepwater port, for example tion of the latitude and longitude
shoreside fabrication, assembly and scales on the chart.
support, including anticipated dates of (2) For each proposed obstruction
completion for each specific component light and rotating lit beacon:
during each phase of construction. (i) Color;
(x) Operations manual. A draft of the (ii) Characteristic;
operations manual for the proposed (iii) Effective intensity;
deepwater port, containing the infor- (iv) Height above water; and
mation under § 150.15 of this sub- (v) General description of the illu-
chapter, must demonstrate the appli- mination apparatus.
cant’s ability to operate the deepwater (3) For each proposed sound signal on
port safely and effectively. To the ex- a structure, a general description of
tent that circumstances are similar, the apparatus.
this demonstration can be in the form (4) For each proposed buoy:
of evidence appended to the draft oper- (i) Shape;
ations manual of the applicant’s par- (ii) Color;
ticipation in the safe and effective (iii) Number or letter;
management or operation of other off- (iv) Depth of water in which located;
shore facilities, for example, evidence and
of compliance with BOEM require- (v) General description of any light
ments for those facilities. If the infor- and/or sound signal apparatus on the
mation required for the manual is not buoy.
available, state why it is not and when (5) For the proposed radar beacon, or
it will be available. RACON, height above water and a gen-
(y) Risk and consequence assessment. eral description of the apparatus.
Data to support an independent, site- (bb) National Pollutant Discharge
specific analysis to assess the risks and Elimination System (NPDES). A copy of
consequences of accidental and inten- the NPDES Application for Permit to
tional events that compromise cargo Discharge Short Form D, for applying
containment. At minimum, potential for a discharge permit from the Envi-
events that result in liquefied natural ronmental Protection Agency (EPA)
gas or oil spill, vapor dispersion and/or and any accompanying studies and
fire will be analyzed. The Coast Guard analyses. If complete information is
will utilize validated models, for exam- not available by the time MARAD
ple computational fluid dynamics or an must either approve or deny the appli-
equivalent model. The applicant may cation for a designated application
consult with Commandant (CG–5) to area under 33 U.S.C. 1504(i)(1), the li-
ensure that appropriate assessment cense for the deepwater port is condi-
procedures are used. tioned upon the applicant receiving the
(z) Environmental evaluation. An anal- required discharge permit from the
ysis, sufficient to meet the require- EPA before the start of any discharge
ments of the National Environmental requiring such a permit. The issuance
Policy Act, and as outlined in subpart of the permit demonstrates that all po-
G of this part, of the potential impacts tential water discharges have been sat-
on the natural and human environ- isfactorily analyzed and water quality
ments, including sufficient information control measures implemented to miti-
that complies with all applicable Fed- gate discharges to meet NPDES.
154
(cc) Structures’ placement and the dis- she either not approve the application
charge of dredged or fill material. The in- or suspend it indefinitely. The deadline
formation required to obtain a Depart- for the Administrator’s review under
ment of the Army permit for place- the Act is extended for a period of time
ment of structures and the discharge of equal to the time of the suspension.
dredged or fill material. [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(dd) Additional Federal authorizations. as amended by USCG–2013–0397, 78 FR 39176,
All other applications for Federal au- July 1, 2013]
thorizations not listed elsewhere in
this subpart that are required for own- § 148.108 What if a Federal or State
ership, construction, and operation of a agency or other interested party re-
deepwater port. quests additional information?
(ee) Sworn statement. A statement (a) Any Federal or State agency or
that the information in the application other interested person may rec-
is true must be placed at the end of the ommend that the applicant provide in-
application, sworn to before a notary formation that is not specified by this
public, and signed by a responsible ap- subchapter.
plicant official. (b) Recommendations must state
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
briefly why the information is needed.
as amended by USCG–2011–0257, 76 FR 31837, (c) The Commandant (CG–5P) must
June 2, 2011; USCG–2013–0397, 78 FR 39175, receive the request prior to the closing
July 1, 2013] dates for the comment periods for
scoping, and the draft or final environ-
§ 148.107 What additional information mental impact statement or environ-
may be required? mental assessment. MARAD will con-
(a) The Commandant (CG–5P), in co- sider the request before making a final
ordination with MARAD, may require decision on whether or not to approve
the applicant or the applicant’s affili- the license application.
ates to file, as a supplement to the ap- (d) The Commandant (CG–5P) will
plication, any analysis, explanation, or consider whether:
other information the Commandant (1) The information requested is es-
(CG–5P) deems necessary. sential for processing the license appli-
(b) The Commandant (CG–5P) may re- cation; and
quire the applicant or the applicant’s (2) The time and effort required by
affiliates to make available for Coast the applicant in gathering the informa-
Guard examination, under oath or for tion will result in an undue delay in
interview, persons having, or believed the application process.
to have, necessary information. (e) The Commandant (CG–5P) may
(c) The Commandant (CG–5P) may discuss the recommendation with the
set a deadline for receiving the infor- recommending person and the appli-
mation. cant prior to issuing a determination.
(1) If the applicant states that the re- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
quired information is not yet available as amended by USCG–2013–0397, 78 FR 39176,
but will be at a later date, the Com- July 1, 2013]
mandant (CG–5P) may specify a later
deadline. § 148.110 How do I prepare my applica-
(2) If a requirement is not met by a tion?
deadline fixed under this paragraph, (a) Any person may confer with the
the Commandant (CG–5P), in coordina- Commandant (CG–5P) concerning re-
tion with MARAD, may determine quirements contained in this part for
whether compliance with the require- the preparation of an application or
ment is important to processing the the requirements of this subchapter.
application within the time prescribed (b) The applicant may incorporate,
by the Act. by clear and specific reference in the
(3) If the requirement is important to application:
processing the application within the (1) Standard reference material that
time limit set by the Act, the Com- the applicant relied on that is readily
mandant (CG–5P) may recommend to available to Federal and State agen-
the Maritime Administrator that he or cies;
155
§ 148.115 33 CFR Ch. I (7–1–20 Edition)
(2) Current information contained in § 148.125 What are the application

previous applications or reports that fees?
the applicant has submitted to the ap- (a) The applicant must submit a non-
plication staff; or refundable application fee of $350,000
(3) Current information contained in with each application for a license. If
a tariff, report, or other document pre- additional information is necessary to
viously filed for public record with the make an application complete, no addi-
Surface Transportation Board or the tional application fee is required.
Securities and Exchange Commission, (b) The costs incurred by the Federal
if: Government in processing an applica-
(i) A certified true and complete copy tion will be charged to the application
of the document is attached to each fee until it is exhausted. If the fee is
copy of the application as required by exhausted and the Federal Government
§ 148.115(a) of this part; incurs further processing costs, the ap-
(ii) The date of filing and the docu- plicant will be charged for the addi-
ment number are on the cover of the tional costs. The Commandant (CG–5P)
document; and will periodically advise the applicant
(iii) Any verification or certification of the status of expenses incurred dur-
required for the original filing, other ing the application process.
than from auditors or other inde- (c) Additional costs attributable to
pendent persons, is dated no earlier processing a deepwater port license ap-
than 30 days before the date of the application and post-license activities,
plication. for example the engineering plan re-
view or development of the final oper-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39176, ations manual, are due when they are
July 1, 2013] assessed, and must be paid by the ap-
plicant prior to commencing operation
§ 148.115 How many copies of the ap- of the deepwater port.
plication must I send and where (d) Application fees and additional
must I send them? costs assessed under this section must
Send the following copies of the ap- be made payable to the United States
plication: Treasury, and submitted to the Com-
(a) Two printed copies and three elec- mandant (CG–5P).
tronic versions to the Commandant [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(CG–5P), Attn: Assistant Commandant as amended by USCG–2013–0397, 78 FR 39176,
for Prevention, U.S. Coast Guard Stop July 1, 2013]
7501, 2703 Martin Luther King Jr. Ave-
nue SE., Washington, DC 20593–7501. Subpart C—Processing
(b) Two printed copies and two elec- Applications
tronic versions to the MARAD Admin-
istrator, 400 7th Street SW., Wash- GENERAL
ington, DC 20590.
(c) One copy to the U.S. Army Corps § 148.200 What is the purpose of this
subpart?
of Engineers District Office having ju-
risdiction over the proposed deepwater This subpart prescribes the require-
port. For the address, see http:// ments for processing an application for
www.usace.army.mil/. a deepwater port license.
(d) Additional printed and electronic It includes the procedures for:
copies for distribution to Federal, trib- (a) Maintaining the docket;
al, and State regulatory agencies in- (b) Designating Adjacent Coastal
volved in reviewing the application in States;
accordance with the needs of each (c) Holding informal and formal pub-
agency. lic hearings; and
(d) Approving or denying an applica-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, tion.

June 25, 2010; USCG–2013–0397, 78 FR 39176, [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
July 1, 2013; USCG–2014–0410, 79 FR 38435, as amended by USCG–2013–0397, 78 FR 39176,
July 7, 2014] July 1, 2013]
156
§ 148.205 How are documents related also listed by name and the assigned
to the application maintained? docket number at the CG–OES–4 Web
(a) The Commandant (CG–5P) main- site: http://www.uscg.mil/hq/cg5/cg522/
tains the docket for each application. cg5225.
(1) The docket contains a copy of all [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
documents filed or issued as part of the as amended by USCG–2013–0397, 78 FR 39176,
application process. July 1, 2013]
(2) Recommendations submitted by
Federal departments and agencies § 148.209 How is the application proc-
under 33 U.S.C. 1504(e)(2) are docketed essed?
when they are received.
The Commandant (CG–5P), in co-
(3) Copies of applicable National En-
vironmental Policy Act documents pre- operation with MARAD, processes each
pared under 33 U.S.C. 1504(f) are dock- application and MARAD publishes the
eted when they are sent to the Envi- notice of application under 33 U.S.C.
ronmental Protection Agency. 1504(c) in the FEDERAL REGISTER. Upon
(b) For a document designated as pro- publication of a notice of application,
tected from disclosure under 33 U.S.C. the Commandant (CG–5P) ensures de-
1513(b), the Commandant (CG–5P): livery of copies of the application to—
(1) Prevents the information in the (a) Each Federal agency with juris-
document from being disclosed, unless diction over any aspect of ownership,
the Commandant (CG–5P) states that construction, or operation of deepwater
the disclosure is not inconsistent with ports. A complete listing of the Federal
33 U.S.C. 1513(b); and agencies involved with deepwater port
(2) Keeps a record of all individuals licensing is outlined in the Deepwater
who have a copy of the document. Port Interagency MOU available at the
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, following hyperlink: http://
as amended by USCG–2013–0397, 78 FR 39176, www.uscg.mil/hq/G-M/mso/docs/dwpl
July 1, 2013] whitelhouseltasklforcelenergyl
§ 148.207 How and where may I view streamlining.pdf.
docketed documents? (b) Each Adjacent Coastal State, in-
(a) All material in a docket under cluding relevant State and tribal agen-
§ 148.205 of this part is available to the cies in those Adjacent Coastal States.
public for inspection and copying at [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
Commandant (CG–5P) at the address as amended by USCG–2013–0397, 78 FR 39176,
under ‘‘Commandant (CG–5P)’’ in § 148.5 July 1, 2013]
of this part, except for—
(1) Contracts under 33 U.S.C. § 148.211 What must I do if I need to
1504(c)(2)(B) for the construction or op- change my application?
eration of a deepwater port; and (a) If at any time before the Sec-
(2) Material designated under para- retary approves or denies an applica-
graph (b) of this section as a trade se- tion, the information in it changes or
cret, or commercial or financial infor-
becomes incomplete, the applicant
mation that is claimed to be privileged
must promptly submit the changes or
or confidential.
additional information in the manner
(b) A person submitting material
set forth in § 148.115 of this part.
that contains either a trade secret or
commercial or financial information (b) The Coast Guard may determine
under paragraph (a)(2) of this section that the change or required informa-
must designate those portions of the tion is of such magnitude that it war-
material that are privileged or con- rants submission of a complete revised
fidential. Section 148.221 contains pro- application.
cedures for objecting to these claims.
(c) Docketed material for each deep- § 148.213 How do I withdraw my appli-
cation?
water port project is also available to
the public electronically at the Federal The applicant may withdraw an ap-
Docket Web site at plication at any time before the pro-
www.regulations.gov. The projects are ceeding is terminated by delivering or
157
§ 148.215 33 CFR Ch. I (7–1–20 Edition)
mailing notice of withdrawal to the (vii) Environmental and social im-

Commandant (CG–5P) for docketing. pacts of the project on the local and re-
gional community; and
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(viii) An estimate of the economic
July 1, 2013] impact that the deepwater port license
will have on the proposed project.
§ 148.215 What if a port has plans for a (d) A statement whether the port
deep draft channel and harbor? seeks a determination that the port
(a) If a State port will be directly best serves the national interest.
connected by pipeline to a proposed [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
deepwater port, and has existing plans as amended by USCG–2013–0397, 78 FR 39176,
for a deep draft channel and harbor, a July 1, 2013]
representative of the port may request
a determination under 33 U.S.C. 1503(d). § 148.217 How can a State be des-
ignated as an Adjacent Coastal
(b) The request must be sent, in writ- State?
ing, to the Commandant (CG–5P) with-
in 30 days after the date that the no- (a) Adjacent Coastal States are
tice of application for the deepwater named in the notice of application pub-
port is published in the FEDERAL REG- lished in the FEDERAL REGISTER. How-
ISTER. ever, a State not named as an Adjacent
(c) The request must contain: Coastal State in the notice may re-
(1) A signature of the highest official quest to be designated as one if the en-
of the port submitting the request; vironmental risks to it are equal to or
greater than the risks posed to a State
(2) A copy of the existing plans for
directly connected by pipeline to the
the construction of a deep draft chan-
proposed deepwater port.
nel and harbor;
(b) The request must:
(3) Certification that the port has an
(1) Be submitted in writing to the
active study by the Secretary of the
Commandant (CG–5P) within 14 days
Army for the construction of a deep
after the date of publication of the no-
draft channel and harbor, or that the
tice of application in the FEDERAL REG-
port has an application pending for a
ISTER;
permit under 33 U.S.C. 403 for the con- (2) Be signed by the Governor of the
struction; State;
(4) Any available documentation on: (3) List the facts and any available
(i) Initial costs, by phases if develop- documentation or analyses concerning
ment is staged, for the proposed on- the risk of damage to the coastal envi-
shore project, including dredging, ship ronment of the State; and
terminal, and attendant facilities; (4) Explain why the State believes
(ii) Estimated annual operating ex- the risk of damage to its coastal envi-
penses, by phases if development is ronment is equal to or greater than the
staged, including labor, for 30 years for risk to a State connected by a pipeline
all elements of the project; to the proposed deepwater port.
(iii) Estimated completion time for (c) Upon receipt of a request, the
all elements of the project; Commandant (CG–5P) will send a copy
(iv) Estimated vessel traffic volume, of the State’s request to the Adminis-
and the volume and variety of the ton- trator of the National Oceanic and At-
nage; mospheric Administration (NOAA) and
(v) Potential traffic congestion con- ask for the Administrator’s rec-
ditions in the port, and the port’s abil- ommendations within an amount of
ity to control vessel traffic as a result time that will allow the Commandant
of the proposed dredging project; (CG–5P) and the MARAD Adminis-
(vi) Estimated economic benefits of trator 45 days from receipt of the re-
the project, including: quest to determine the matter.
(A) Economic contribution to the (d) If after receiving NOAA’s rec-
local and regional area; ommendations the Commandant (CG–
(B) Induced industrial development; 5P), in concurrence with MARAD Ad-

(C) Increased employment; and ministrator, determines that the State
(D) Increases in tax revenues; should be considered an Adjacent
158
Coastal State, the Commandant (CG– any such additional hearing or meet-
5P), in concurrence with the MARAD ing.
Administrator, will so designate it. If (b) The Commandant (CG–5) or the
the Commandant (CG–5P), in concur- MARAD Administrator will publish a
rence with the MARAD Administrator, notice of public hearings or meetings
denies the request, he or she will notify in the FEDERAL REGISTER, and will
the requesting State’s Governor of the mail or deliver a copy of the notice to
denial. the applicant, to each Adjacent Coastal
State, and to all who request a copy.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39176, (c) Anyone may attend a public hear-
July 1, 2013] ing or meeting and provide relevant
oral or written information. The pre-
§ 148.221 How do I claim, or object to a siding officer may limit the time for
claim, that required information is providing oral information.
privileged?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a) Any person may claim that spe- as amended by USCG–2013–0397, 78 FR 39176,
cific information required pursuant to July 1, 2013]
this part should be withheld because it
is privileged, and any person can object § 148.227 How is a public hearing or
to that claim. meeting reported?
(b) Requests or objections must be (a) After completion of a public hear-
submitted to the Commandant (CG–5P) ing or meeting, the presiding officer
in writing, with sufficient specificity forwards a report on the hearing or
to identify the information at issue, meeting to the Commandant (CG–5P)
and to show why it should or should for docketing.
not be considered privileged. (b) The report must contain at least:
(c) The Commandant (CG–5P) deter- (1) An overview of the factual issues
mines whether to grant or deny a claim addressed;
of privilege. (2) A transcript or recording of the
(d) Submission of a claim stays any hearing or meeting; and
deadline for providing the information (3) A copy of all material submitted
at issue, unless the claim is made pur- to the presiding officer.
suant to the protection for confidential (c) During the hearing or meeting,
information that is provided by 33 the presiding officer announces the in-
U.S.C. 1513(b), in which case deadlines formation that the report must con-
are not stayed. The Commandant (CG– tain.
5P) may also determine that the infor-
mation at issue is so material that [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
processing of the application must be July 1, 2013]
suspended pending the determination
of the claim. FORMAL HEARINGS
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39176, § 148.228 What if a formal evidentiary
July 1, 2013] hearing is necessary?
(a) After all public meetings under
PUBLIC HEARINGS OR MEETINGS § 148.222 of this part are concluded, the
Commandant (CG–5P), in coordination
§ 148.222 When must public hearings with the MARAD Administrator, will
or meetings be held? consider whether there are one or more
(a) Before a license is issued, at least specific and material factual issues
one public license hearing under 33 that may be resolved by a formal evi-
U.S.C. 1504(g) must be held in each Ad- dentiary hearing.
jacent Coastal State. Other Federal (b) If the Commandant (CG–5P), in
statutes and regulations may impose coordination with the MARAD Admin-
additional requirements for public istrator, determines that one or more
hearings or meetings, and if not other- issues under paragraph (a) of this sec-
wise prohibited, a hearing under this tion exist, the Coast Guard will hold at
paragraph may be consolidated with least one formal evidentiary hearing
159
§ 148.230 33 CFR Ch. I (7–1–20 Edition)
under 5 U.S.C. 554 in the District of Co- § 148.234 What are the limits of an Ad-
lumbia. ministrative Law Judge (ALJ)’s ju-
(c) The Commandant (CG–5P) files a risdiction?
request for assignment of an adminis- (a) An ALJ’s jurisdiction begins upon
trative law judge (ALJ) with the ALJ assignment to a proceeding.
Docketing Center. The Chief ALJ des- (b) An ALJ’s jurisdiction ends after
ignates an ALJ or other person to con- the recommended findings are filed
duct the hearing. with the Commandant (CG–5P) or im-
(d) The recommended findings and mediately after the ALJ issues a notice
the record developed in a hearing under of withdrawal from the proceeding.
paragraph (b) of this section are con- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
sidered by the MARAD Administrator as amended by USCG–2013–0397, 78 FR 39177,
in deciding whether to approve or deny July 1, 2013]
a license. § 148.236 What authority does an Ad-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, ministrative Law Judge (ALJ)
as amended by USCG–2013–0397, 78 FR 39177, have?
July 1, 2013] When assigned to a formal hearing,
an ALJ may:
§ 148.230 How is notice of a formal (a) Administer oaths and affirma-
hearing given? tions;
(a) The Commandant (CG–5P) pub- (b) Issue subpoenas;
lishes a notice of the hearing in the (c) Issue rules of procedure for writ-
FEDERAL REGISTER and sends a notice ten evidence;
of the hearing to the applicant, to each (d) Rule on offers of proof and receive
adjacent coastal State, and to each evidence;
person who requests such a notice. (e) Examine witnesses;
(f) Rule on motions of the parties;
(b) The notice of the hearing includes (g) Suspend or bar an attorney from
the applicant’s name, the name of the representing a person in the proceeding
ALJ assigned to conduct the hearing, a for unsuitable conduct;
list of the factual issues to be resolved, (h) Exclude any person for disruptive
the address where documents are to be behavior during the hearing;
filed, and the address where a copy of (i) Set the hearing schedule;
the rules of practice, procedure, and (j) Certify questions to the Com-
evidence to be used at the hearing is mandant (CG–5P);
available. (k) Proceed with a scheduled session
of the hearing in the absence of a party
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
who failed to appear;
(l) Extend or shorten a non-statu-
July 1, 2013]
torily imposed deadline under this sub-
§ 148.232 What are the rules for a for- part within the 240-day time limit for
mal hearing? the completion of public hearings in 33
U.S.C. 1504(g);
(a) The Commandant (CG–5P) deter- (m) Set deadlines not specified in
mines the rules for each formal hear- this subpart or the Deepwater Ports
ing. Unless otherwise specified in this Act; and
part, the Commandant (CG–5P) applies (n) Take any other action authorized
the rules of practice, procedure, and by or consistent with this subpart, the
evidence in part 20 of this chapter. Deepwater Ports Act, or 5 U.S.C. 551–
(b) The Commandant (CG–5P) sends a 559.
written copy of the procedure to the [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
applicant, each person intervening in as amended by USCG–2013–0397, 78 FR 39177,
the proceedings, and each person who July 1, 2013]
requests a copy.
§ 148.238 Who are the parties to a for-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, mal hearing?

July 1, 2013]
The parties to a formal hearing are:
(a) The applicant;
160
(b) The Commandant (CG–5P); and evance to the issues listed in the notice
(c) Any person intervening in the of formal hearing.
proceedings. (b) If a petition is granted, the ruling
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, will specify which evidence is approved
as amended by USCG–2013–0397, 78 FR 39177, to be presented at the hearing.
July 1, 2013]
§ 148.244 Who must represent the par-
§ 148.240 How does a State or a person ties at a formal hearing?
intervene in a formal hearing?
(a) All organizations that are parties
(a) Any person or Adjacent Coastal to the proceeding must be represented
State may intervene in a formal hear- by an attorney. Individuals may rep-
ing. resent themselves.
(b) A person must file a petition of (b) Any attorney representing a
intervention within 10 days of notice party to the proceeding must file a no-
that the formal hearing is issued. The tice of appearance according to
petition must:
§ 20.301(b) of this chapter.
(1) Be addressed to the Administrative
Law Judge (ALJ) Docketing Center; (c) Each attorney must be in good
(2) Identify the issues and the peti- standing and licensed to practice be-
tioner’s interest in those issues; and fore a court of the United States or the
(3) Designate the name and address of highest court of any State, territory,
a person who can be served if the peti- or possession of the United States.
tion is granted.
(c) An adjacent coastal State need § 148.246 When is a document consid-
ered filed and where should I file
only file a notice of intervention with it?
the ALJ Docketing Center.
(d) The ALJ has the authority to (a) If a document to be filed is sub-
limit the scope and period of interven- mitted by mail, it is considered filed on
tion during the proceeding. the date it is postmarked. If a docu-
(e) If the ALJ denies a petition of ment is submitted by hand delivery or
intervention, the petitioner may file a electronically, it is considered filed on
notice of appeal with the ALJ Dock- the date received by the clerk.
eting Center within 7 days of the de- (b) File all documents and other ma-
nial. terials related to an administrative
(1) A brief may be submitted with the proceeding at the U.S. Coast Guard Ad-
notice of appeal. ministrative Law Center, Attention:
(2) Parties who wish to file a brief in Hearing Docket Clerk, room 412, 40
support of or against the notice of ap- South Gay Street, Baltimore, MD,
peal may do so within 7 days of filing 21201–4022.
the notice.
(f) The Commandant (CG–5P) will § 148.248 What happens when a docu-
rule on the appeal. The ALJ does not ment does not contain all necessary
have to delay the proceedings for inter- information?
vention appeals. Any document that does not satisfy
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, the requirements in §§ 20.303 and 20.304
as amended by USCG–2013–0397, 78 FR 39177, of this chapter will be returned to the
July 1, 2013] person who submitted it with a state-
ment of the reasons for denial.
§ 148.242 How does a person who is
not a party to a formal hearing § 148.250 Who must be served before a
present evidence at the hearing? document is filed?
(a) A person who is not a party to a
Before a document may be filed by
formal hearing may present evidence
any party, it first must be served upon:
at the hearing if he or she sends a peti-
tion to present evidence to the ALJ (a) All other parties; and
Docketing Center before the beginning (b) The Commandant (CG–5P).
of the formal hearing. The petition [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
must describe the evidence that the as amended by USCG–2013–0397, 78 FR 39177,
person will present and show its rel- July 1, 2013]
161
§ 148.252 33 CFR Ch. I (7–1–20 Edition)
§ 148.252 What is the procedure for (g) When serving a subpoena, a party
serving a subpoena? must include witness fees in the form
(a) A party may submit a request for of a check to the individual or organi-
a subpoena to the Administrative Law zation for one day plus mileage, or, in
Judge (ALJ). The request must show the case of a government-issued sub-
the relevance and scope of the evidence poena, a form SF–1157 so a witness may
sought. receive fees and mileage reimburse-
(b) Requests should be submitted suf- ment.
ficiently in advance of the hearing so (h) Any person served with a sub-
that exhibits and witnesses can be in- poena has 10 days from the time of
cluded in the lists required by § 20.601 of service to move to quash the subpoena.
this chapter, but may be submitted (i) If a person does not comply with a
later and before the end of the hearing, subpoena, the ALJ decides whether ju-
if good cause is shown for the late sub- dicial enforcement of the subpoena is
mission. necessary. If the ALJ decides it is, the
(c) A request for a subpoena must be Commandant (CG–5P) reviews this de-
submitted to the ALJ. cision.
(d) A proposed subpoena, such as the
form in http://cgweb.comdt.uscg.mil/g-cj/ [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
subpoena.doc, must be submitted with as amended by USCG–2013–0397, 78 FR 39177,
the request. If you do not use this July 1, 2013]
form, the proposed subpoena must con-
§ 148.254 How is a hearing transcript
tain: prepared?
(1) The docket number of the pro-
ceedings; (a) Under the supervision of the Ad-
(2) The captions ‘‘Department of ministrative Law Judge (ALJ), the re-
Homeland Security,’’ ‘‘Coast Guard,’’ porter prepares a verbatim transcript
and ‘‘Licensing of deepwater port for of the hearing. Nothing may be deleted
coastal waters off (insert name of the from the transcript, unless ordered by
coastal State closest to the proposed the ALJ and noted in the transcript.
deepwater port and the docket number (b) After a formal hearing is com-
of the proceeding)’’; pleted, the ALJ certifies and forwards
(3) The name and the address of the the record, including the transcript, to
office of the ALJ; the clerk to be placed into the docket.
(4) For a subpoena giving testimony, (c) At any time within the 20 days
a statement commanding the person to after the record is docketed, the ALJ
whom the subpoena is directed to at- may make corrections to the certified
tend the formal hearing and give testi- transcript. When corrections are filed,
mony; they are attached as appendices.
(5) For a subpoena producing docu- (d) Any motion to correct the record
mentary evidence, a statement com- must be submitted within 10 days after
manding the person to produce des-
the record is docketed.
ignated documents, books, papers, or
other tangible things at a designated § 148.256 What happens at the conclu-
time or place; and sion of a formal hearing?
(6) An explanation of the procedure
in § 20.309(d) of this chapter and para- After closing the record of a formal
graph (h) of this section for quashing a hearing, the Administrative Law Judge
subpoena. (ALJ) prepares a recommended finding
(e) The procedure for serving a sub- on the issues that were the subject of
poena must follow Rule 45 of the Fed- the hearing. The ALJ submits that
eral Rules of Civil Procedure, unless finding to the Commandant (CG–5P).
the ALJ authorizes another procedure. [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(f) The witness fees for a subpoenaed as amended by USCG–2013–0397, 78 FR 39177,
witness are the same as the fees for July 1, 2013]
witnesses subpoenaed in U.S. District

Courts. The person requesting the sub-
poena must pay these fees.
162
APPROVAL OR DENIAL OF THE (c) Comments should identify prob-

APPLICATION lems, if any, and suggest possible solu-
tions.
§ 148.276 When must the application
be approved or denied? [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a) In 33 U.S.C. 1504, the Act provides July 1, 2013]
strict timelines for action on a license
application, which, if closely observed, § 148.279 What are the criteria for ap-
can lead to action in just under 1 year. proval or denial of an application?
The Coast Guard, in concurrence with The criteria for approving or denying
MARAD, can suspend the process if an a license application appear in 33
applicant fails to provide timely infor- U.S.C. 1503.
mation or requests additional time to
comply with a request. § 148.281 What happens when more
(b) The Coast Guard must conduct than one application is submitted
public hearings in each Adjacent Coast- for a deepwater port in the same
al State within 240 days of publishing application area?
the notice of receipt of a deepwater (a) When more than one application
port license application. is submitted for a deepwater port in
(c) MARAD issues a Record of Deci- the same application area under 33
sion (ROD) approving or denying a li- U.S.C. 1504(d), only one application is
cense application within 90 days after approved. Except as provided in para-
the final public hearing. Actual graph (b) of this section, applicants re-
issuance of a license may not take ceive priority in the following order:
place until certain conditions imposed (1) An Adjacent Coastal State or
by the ROD have been met. Those con- combination of States, political sub-
ditions may include how the applicant division of the State, or an agency or
must address design, construction, in- instrumentality, including a wholly
stallation, testing, operations, and de- owned corporation of the State;
commissioning of the deepwater port,
(2) A person that is:
or meet the requirements of other
(i) Not engaged in producing, refin-
agencies.
ing, or marketing oil;
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, (ii) Not an affiliate of a person en-
as amended by USCG–2013–0397, 78 FR 39177, gaged in producing, refining, or mar-
July 1, 2013] keting oil; or
§ 148.277 How may Federal agencies (iii) Not an affiliate of a person en-
and States participate in the appli- gaged in producing, refining, or mar-
cation process? keting oil; and then
(3) Any other applicant.
(a) Under § 148.209 of this part, Fed-
eral agencies and Adjacent Coastal (b) MARAD may also approve one of
States are sent copies of the applica- the proposed deepwater ports if it de-
tion. The agencies and States are en- termines that that deepwater port will
couraged to begin submitting their best serve the national interest. In
comments at that time. making this determination, MARAD
(b) To be considered, comments from considers:
Federal agencies and Adjacent Coastal (1) The degree to which each deep-
States must be received by the Com- water port will affect the environment,
mandant (CG–5P) within 45 days after as determined under the review criteria
the close of the public hearing period in subpart G to this part;
specified in § 148.276(b) of this part. Sep- (2) The differences between the an-
arate comment periods will apply to ticipated completion dates of the deep-
the review of documents created during water ports; and
the National Environmental Policy Act (3) The differences in costs for con-
process. Both the Commandant (CG–5P) struction and operation of the deep-
and MARAD review the comments re- water ports that would be passed on to
ceived. consumers of oil.
163
§ 148.283 33 CFR Ch. I (7–1–20 Edition)
(c) This section does not apply to ap- the conditions of the license being de-
plications for natural gas deepwater veloped under 33 U.S.C. 1503(e).
ports.
[USCG–2013–0397, 78 FR 39177, July 1, 2013]
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39177, § 148.310 How long does a license last?
July 1, 2013]
Each license remains in effect indefi-
§ 148.283 When is the application proc- nitely subject to the following:
ess stopped before the application (a) If it is suspended or revoked by
is approved or denied? MARAD;
The Commandant (CG–5P) rec- (b) If it is surrendered by the owner;
ommends to MARAD that the applica- or
tion process be suspended before the (c) As otherwise provided by condi-
application is approved or denied if: tion of the license.
(a) All applications are withdrawn
before MARAD approves one of them; § 148.315 How is a license amended,
transferred, or reinstated?
or
(b) There is only one application; it is (a) MARAD may amend, transfer, or
incomplete, and the applicant does not reinstate a license if it finds that the
respond to a request by the Com- amendment, transfer, or reinstatement
mandant (CG–5P) for further informa- is consistent with the requirements of
tion, as per § 148.107 of this part. the Act and this subchapter.
(b) The owner must submit a request
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39177, for an amendment, transfer, or rein-
July 1, 2013] statement to the Commandant (CG–5P)
or the MARAD Administrator.
Subpart D—Licenses [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
§ 148.300 What does this subpart con- July 1, 2013]
cern?
This subpart concerns the license for § 148.320 How is a license enforced,
a deepwater port and the procedures suspended, or revoked?
for transferring, amending, suspending, MARAD may enforce, suspend, or re-
reinstating, revoking, and enforcing a voke a license under 33 U.S.C. 1507(c).
license.
§ 148.325 How soon after deepwater
§ 148.305 What is included in a deep- port decommissioning must the li-
water port license? censee initiate removal?
A deepwater port license contains in- Within 2 years of deepwater port de-
formation about the licensee and the commissioning, the licensee must ini-
deepwater port, and any conditions of tiate removal procedures. The Com-
its own or of another agency’s that mandant (CG–5P) will advise and co-
may be described by MARAD in the li- ordinate with appropriate Federal
cense. Licenses are issued in conform- agencies and the States concerning ac-
ance with the Act, and with rules and tivities covered by this section.
policies of MARAD that implement the [USCG–2013–0397, 78 FR 39177, July 1, 2013]
Act.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, Subpart E—Site Evaluation and
July 1, 2013]
Pre-Construction Testing
§ 148.307 Who may consult with the § 148.400 What does this subpart do?
Commandant (CG–5P) and MARAD (a) This subpart prescribes require-
on developing the proposed condi- ments under 33 U.S.C. 1504(b) for the
tions of a license? activities that are involved in site
Federal agencies, the Adjacent evaluation and pre-construction test-
Coastal States, and the owner of the ing at potential locations for deep-
deepwater port may consult with the water ports and that may:
Commandant (CG–5P) and MARAD on (1) Adversely affect the environment;
164
(2) Interfere with authorized uses of where the proposed activities are to
the Outer Continental Shelf; or take place. The report must include
(3) Pose a threat to human health contacts made with any appropriate
and welfare. State liaison officers for historic pres-
(b) For the purpose of this subpart, ervation; and
‘‘site evaluation and pre-construction (8) Additional information, if nec-
testing’’ means studies performed at essary, in individual cases.
potential deepwater port locations, in- (c) For the following activities, the
cluding: notice only needs the information re-
(1) Preliminary studies to determine quired in paragraphs (b)(1), (b)(2), and
the feasibility of a site; (b)(5) of this section, as well as a gen-
(2) Detailed studies of the topo- eral indication of the proposed location
graphic and geologic structure of the and purpose of the activities, includ-
ocean bottom to determine its ability ing:
to support offshore structures and (1) Gravity and magneto-metric
other equipment; and measurements;
(3) Studies done for the preparation (2) Bottom and sub-bottom acoustic
of the environmental analysis required profiling, within specified limits, with-
under § 148.105 of this part. out the use of explosives;
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, (3) Sediment sampling of a limited
as amended by USCG–2013–0397, 78 FR 39177, nature using either core or grab sam-
July 1, 2013] plers, and the specified diameter and
depth to which the sampling would
§ 148.405 What are the procedures for penetrate if geological profiles indicate
notifying the Commandant (CG–5P) no discontinuities that may have ar-
of proposed site evaluation and pre- cheological significance;
construction testing?
(4) Water and biotic sampling if the
(a) Any person who wants to conduct sampling does not adversely affect
site evaluation and pre-construction shellfish beds, marine mammals, or an
testing at a potential site for a deep- endangered species, or if the sampling
water port must submit a written no- is permitted by another Federal agen-
tice to the Commandant (CG–5P) at cy;
least 30 days before the beginning of (5) Meteorological measurements, in-
the evaluation or testing. The Com- cluding the setting of instruments;
mandant (CG–5P) advises and coordi- (6) Hydrographic and oceanographic
nates with appropriate Federal agen- measurements, including the setting of
cies and the States concerning activi- instruments; and
ties covered by this subpart. (7) Small diameter core sampling to
(b) The written notice must include determine foundation conditions.
the following: (d) A separate written notice is re-
(1) The names of all parties partici- quired for each site.
pating in the site evaluation and pre-
construction testing; [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(2) The type of activities and the way as amended by USCG–2013–0397, 78 FR 39177,
they will be conducted; July 1, 2013]
(3) Charts showing where the activi-
§ 148.410 What are the conditions for
ties will be conducted and the locations conducting site evaluation and pre-
of all offshore structures, including construction testing?
pipelines and cables, in or near the pro-
posed area; (a) No person may conduct site eval-
(4) The specific purpose for the ac- uation and pre-construction testing un-
tivities; less it complies with this subpart and
(5) The dates when the activities will other applicable laws.
begin and end; (b) Measures must be taken to pre-
(6) The available data on the environ- vent or minimize the effect of activi-
mental consequences of the activities; ties under § 148.400(a) of this part.
(7) A preliminary report, based on ex- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
isting data, of the historical and ar- as amended by USCG–2013–0397, 78 FR 39177,
cheological significance of the area July 1, 2013]
165
§ 148.415 33 CFR Ch. I (7–1–20 Edition)
§ 148.415 When conducting site evalua- (3) Property;

tion and pre-construction testing, (4) Cultural resources;
what must be reported? (5) Any valuable mineral deposits; or
(a) When conducting site evaluation (6) The environment.
or pre-construction testing, the fol- (b) The Commandant (CG–5P) will
lowing must be immediately reported consult with the applicant on measures
by any means to the Commandant (CG– to remove the cause for suspension.
5P): (c) The Commandant (CG–5P) may
(1) Any evidence of objects of cul- lift a suspension after the applicant
tural, historical, or archeological sig- assures the Commandant (CG–5P) that
nificance; the activity will no longer cause the
(2) Any adverse effect on the environ- threat on which the suspension was
ment; based.
(3) Any interference with authorized [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
uses of the Outer Continental Shelf; as amended by USCG–2013–0397, 78 FR 39177,
(4) Any threat to human health and July 1, 2013]
welfare; and
(5) Any adverse effect on an object of Subpart F—Exemption From or Ad-
cultural, historical, or archeological justments to Requirements in
significance.
(b) Within 120 days after the site
This Subchapter
evaluation or pre-construction testing, § 148.500 What does this subpart do?
a final written report must be sub-
mitted to the Commandant (CG–5P) This subpart provides procedures for
that contains: requesting an exemption from a re-
(1) A narrative description of the ac- quirement in this subchapter. The
tivities performed; Commandant (CG–5) and MARAD co-
(2) A chart, map, or plat of the area ordinate in evaluating requests for ex-
where the activities occurred; emption from the requirements in this
(3) The dates when the activities subchapter.
were performed;
§ 148.505 How do I apply for an exemp-
(4) Information on the adverse effects tion?
of items reported under paragraph (a)
of this section; (a) Any person required to comply
(5) Data on the historical or archeo- with a requirement in this subchapter
logical significance of the area where may submit a petition for exemption
the activities were conducted, includ- from that requirement.
ing a report by an underwater arche- (b) The petition must be submitted in
ologist; and writing to the Commandant (CG–5P)
(6) Any additional information re- and the MARAD Administrator.
quired by the Commandant (CG–5P) on (c) The Commandant (CG–5P) may re-
a case-by-case basis. quire the petition to provide an alter-
native to the requirement.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39177, [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
July 1, 2013] as amended by USCG–2013–0397, 78 FR 39177,
July 1, 2013]
§ 148.420 When may the Commandant
(CG–5P) suspend or prohibit site § 148.510 What happens when a peti-
evaluation or pre-construction test- tion for exemption involves the in-
ing? terests of an Adjacent Coastal
State?
(a) The Commandant (CG–5P) may
order, either in writing or orally, with If the petition for exemption con-
written confirmation, the prohibition cerns an Adjacent Coastal State, the
or immediate suspension of any activ- Commandant (CG–5P) forwards the pe-
ity related to site evaluation or pre- tition to the Governor of the State for
construction testing when the activity the Governor’s recommendation.
threatens to harm: [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,

(1) Human life; as amended by USCG–2013–0397, 78 FR 39178,
(2) Biota; July 1, 2013]
166
§ 148.515 When is an exemption al- Subpart G—Environmental Review

lowed? Criteria for Deepwater Ports
The Commandant (CG–5P) may rec-
ommend that MARAD allow an exemp- § 148.700 How does the Deepwater
tion if he or she determines that: Port Act interact with other Fed-
eral and State laws?
(a) Compliance with the requirement
would be contrary to public interest; (a) Nothing in this subpart super-
(b) Compliance with the requirement sedes any Federal, tribal, or State re-
would not enhance safety or the health quirements for the protection of the
of the environment; environment.
(c) Compliance with the requirement (b) The applicant must prepare and
is not practical because of local condi- submit applications to each respective
tions or because the materials or per- agency that requires a permit or li-
sonnel needed for compliance are un- cense to operate the deepwater port.
available; (c) A list of Federal and State agen-
cies that require certification includes,
(d) National security or national
but is not limited to:
economy justifies a departure from the
rules; or (1) The Environmental Protection
Agency, for Clean Air Act and Clean
(e) The alternative, if any, proposed
Water Act permits;
in the petition would:
(2) The Pipeline and Hazardous Mate-
(1) Ensure comparable or greater rials Safety Administration, Office of
safety, protection of the environment, Pipeline Safety; and
and quality of deepwater port construc-
(3) The Bureau of Ocean Energy Man-
tion, maintenance, and operation; and
agement (BOEM); or
(2) Be consistent with recognized (4) Both the Office of Pipeline Safety
principles of international law. and BOEM for pipeline approvals, and
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, the appropriate State environmental
as amended by USCG–2013–0397, 78 FR 39178, agency or permitting agency.
July 1, 2013]
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
§ 148.600 What is the limit of financial
July 1, 2013]
liability?
The financial limit for liability for § 148.702 How were the environmental
deepwater ports is set in accordance review criteria developed?
with 33 U.S.C. 2704. Under 33 U.S.C. 1505, the Com-
mandant (CG–5P) must establish envi-
§ 148.605 How is the limit of liability ronmental review criteria for use in
determined?
evaluating a proposed deepwater port.
(a) The Coast Guard may lower the In developing these criteria, the Coast
$350,000,000 limit of liability for deep- Guard considers the requirements for
water ports set by 33 U.S.C. 2704(a)(4), compliance with Federal and State
pursuant to paragraph (d) of that sec- mandates for the protection of the en-
tion, particularly for natural gas deep- vironment contained in, but not lim-
water ports that will store or use oil in ited to, such guidance as published by:
much smaller amounts than an oil (a) The Council on Environmental
deepwater port. Quality in 40 CFR parts 1500–1508;
(b) Requests to adjust the limit of li- (b) Department of Homeland Security
ability for a deepwater port must be Directive 023–01, Environmental Plan-
submitted to the Commandant (CG– ning Program; and
5P). Adjustments are established by a (c) The Coast Guard in Commandant
rulemaking with public notice and Instruction M16475.1 (series), National
comment that may take place concur- Environmental Policy Act Imple-
rently with the processing of the deep- menting Procedures and Policy for
water port license application. Considering Environmental Impacts.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39178, as amended by USCG–2013–0397, 78 FR 39178,
July 1, 2013] July 1, 2013]
167
§ 148.705 33 CFR Ch. I (7–1–20 Edition)
§ 148.705 What is determined by the (iv) Archaeological, cultural and his-

environmental evaluation? toric sites;
(a) The environmental criteria to be (v) Water and air;
used in evaluating a license application (vi) Coastal zone management;
are established by general consensus of (vii) Coastal barrier resources; and
expertise, scientific opinion, public in- (viii) Wetlands and flood plains.
terest, and institutional requirements, (2) The effect on oceanographic cur-
such as laws and regulations estab- rents and wave patterns;
lished for the protection of the envi- (3) The potential risks to a deepwater
ronment. Criteria that may be estab- port from waves, winds, weather, and
lished in future environmental regula- geological conditions, and the steps
tions or other requirements to protect
that can be taken to protect against or
the environment will also be used.
minimize these dangers; and
(b) The environmental criteria to be
used in evaluating a license application (4) The effect on human health and
are applied to all relevant aspects of: welfare, including socioeconomic im-
(1) The construction, operation, and pacts, environmental justice and pro-
decommissioning phases of a deepwater tection of children from environmental
port; health and safety risks.
(2) The operations of the vessels that [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
serve the deepwater port; as amended by USCG–2013–0397, 78 FR 39178,
(3) The deepwater port’s servicing July 1, 2013]
and support activities;
(4) Shore-based construction and fab- § 148.708 Must the applicant’s proposal
rication sites; reflect potential regulations?
(5) Shoreside supporting facilities, if Although a regulation is of no effect
appropriate, for the proposed location;
until it has been officially promul-
and
gated, to minimize the subsequent im-
(6) The No Action alternative and
pact that potential regulations may
other reasonable alternatives.
(c) The criteria are also applied in a have on a licensee, an applicant can
manner that takes into account the cu- and should reflect reasonably foresee-
mulative effects of other reasonably able environmental regulations in
foreseeable actions as outlined in planning, operating, and decommis-
§ 148.705. sioning a deepwater port.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, § 148.709 How are these criteria re-
as amended by USCG–2013–0397, 78 FR 39178, viewed and revised?
July 1, 2013]
The Commandant (CG–5P) periodi-
§ 148.707 What type of criteria will be cally reviews and may revise these cri-
used in an environmental review teria. Reviews and revisions are con-
and how will they be applied? ducted in accordance with § 148.705 of
(a) The license application will be re- this subpart. The criteria established
viewed for the deepwater port’s effects are consistent with the National Envi-
on the environment and for the environmental Policy Act.
ronment’s effects on the deepwater
port and any of its shoreside support [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
facilities.
July 1, 2013]
(b) The environmental evaluation
will be applied to the phases of con- § 148.710 What environmental condi-
struction, operation, and decommis- tions must be satisfied?
sioning of the proposed location, and at
least one alternative site. The evalua- (a) MARAD may issue a license to
tion will determine: construct a deepwater port under the
(1) The effect on the environment, in- Act, with or without conditions, if cer-
cluding but not limited to: tain specified conditions are met. The
(i) Impacts on endangered species; relevant environmental considerations

(ii) Essential fish habitat; include, but are not limited to, the fol-
(iii) Marine sanctuaries; lowing:
168
(1) Construction and operation of the mation and quality of assessment,

deepwater port that will be in the na- probable environmental impacts, and
tional interest and consistent with na- identification of procedures or tech-
tional security and other national pol- nology that might mitigate probable
icy goals and objectives, including en- adverse environmental impacts
ergy sufficiency, environmental qual- through avoiding, minimizing, recti-
ity, protection from the threat of ter- fying, reducing, eliminating, or com-
rorist attack and other subversive ac- pensating for those impacts; and
tivity against persons and property on (b) An evaluation of the effort made
the deepwater port and the vessels and under the proposal to mitigate its
crews calling at the deepwater port; probable environmental impacts. This
and evaluation will assess the applicant’s
(2) Under the environmental review consideration of the criteria in
criteria in § 148.707 of this subpart, the §§ 148.720 through 148.740 of this sub-
applicant has demonstrated that the part.
deepwater port will be constructed, op-
erated, and decommissioned using the § 148.720 What are the siting criteria?
best available technology to prevent or In accordance with § 148.715(b), the
minimize adverse impacts on the ma- proposed and alternative sites for the
rine environment (33 U.S.C. 1503(c)(3), deepwater port will be evaluated on the
1504(f) and 1505(a)(1)). basis of how well each:
(b) Under 33 U.S.C. 1504(f), these cri- (a) Optimizes location to prevent or
teria in § 148.707 of this part must be minimize detrimental environmental
considered in the preparation of a sin- effects;
gle detailed environmental impact (b) Minimizes the space needed for
statement or environmental assess- safe and efficient operation;
ment for all timely applications cov- (c) Locates offshore components in
ering a single application area. Addi- areas with stable sea bottom charac-
tionally, 33 U.S.C. 1504(i)(3) specifies teristics;
that if more than one application is (d) Locates onshore components
submitted for an ‘‘application area,’’ as where stable foundations can be devel-
defined in 33 U.S.C. 1504(d)(2), the cri- oped;
teria must be used, among other fac- (e) Minimizes the potential for inter-
tors, in determining whether any one ference with its safe operation from ex-
proposed deepwater port for oil clearly isting offshore structures and activi-
best serves the national interest. ties;
(c) In accordance with 40 CFR 1502.9, (f) Minimizes the danger posed to
the Commandant (CG–5P) will prepare safe navigation by surrounding water
a supplement to a final environmental depths and currents;
impact statement if there is significant (g) Avoids extensive dredging or re-
new information or circumstances rel- moval of natural obstacles such as
evant to environmental concerns and reefs;
bearing on the deepwater port and re- (h) Minimizes the danger to the deep-
lated activities affecting its location water port, its components, and tank-
site, construction, operation or decom- ers calling at the deepwater port from
missioning. storms, earthquakes, or other natural
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, hazards;
as amended by USCG–2013–0397, 78 FR 39178, (i) Maximizes the permitted use of
July 1, 2013] existing work areas, facilities, and ac-
cess routes;
§ 148.715 How is an environmental re- (j) Minimizes the environmental im-
view conducted? pact of temporary work areas, facili-
The environmental review of a pro- ties, and access routes;
posed deepwater port and reasonable (k) Maximizes the distance between
alternatives consists of Federal, tribal, the deepwater port, its components,
State, and public review of the fol- and critical habitats including com-
lowing two parts: mercial and sport fisheries, threatened

(a) An evaluation of the proposal’s or endangered species habitats, wet-
completeness of environmental infor- lands, flood plains, coastal resources,
169
§ 148.722 33 CFR Ch. I (7–1–20 Edition)
marine management areas, and essen- tion, and enhanced use of spoil and
tial fish habitats; waste;
(l) Minimizes the displacement of ex- (d) Avoid permanent interference
isting or potential mining, oil, or gas with natural processes or features that
exploration and production or trans- are important to natural currents and
portation uses; wave patterns;
(m) Takes advantage of areas already (e) Avoid groundwater drawdown or
allocated for similar use, without over- saltwater intrusion, and minimizes
using such areas; mixing salt, fresh, and brackish waters;
(n) Avoids permanent interference (f) Avoid disrupting natural sheet
with natural processes or features that flow, water flow, and drainage patterns
are important to natural currents and or systems;
wave patterns; and
(g) Avoid interference with biotic
(o) Avoids dredging in areas where
populations, especially breeding habi-
sediments contain high levels of heavy
tats or migration routes;
metals, biocides, oil or other pollutants
or hazardous materials, and in areas (h) Maximize use of existing facili-
designated wetlands or other protected ties;
coastal resources. (i) Provide personnel trained in oil
spill prevention at critical locations
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, identified in the accident analysis;
July 1, 2013]
(j) Provide personnel trained in oil
spill mitigation; and
§ 148.722 Should the construction plan (k) Plan for safe and effective re-
incorporate best available tech- moval of the deepwater port in the
nology and recommended industry event of its decommissioning.
practices?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
Each applicant must submit a pro- as amended by USCG–2013–0397, 78 FR 39178,
posed construction plan. It must incor- July 1, 2013]
porate best available technology and
recommended industry practices as di- § 148.730 What are the land use and
rected in § 148.730 of this part. coastal zone management criteria?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, In accordance with § 148.715(b) of this
as amended by USCG–2013–0397, 78 FR 39178, part, the deepwater port proposal and
July 1, 2013] reasonable alternatives will be evalu-
ated on the basis of how well they:
§ 148.725 What are the design, con-
struction and operational criteria? (a) Accord with existing and planned
land use, including management of the
In accordance with § 148.715(b) of this coastal region, for which purpose the
part, the deepwater port proposal and proposal must be accompanied by a
reasonable alternatives will be evalu- consistency determination from appro-
ated on the basis of how well they: priate State agencies for any des-
(a) Reflect the use of best available ignated Adjacent Coastal State;
technology in design, construction pro-
(b) Adhere to proposed local and
cedures, operations, and decommis-
State master plans;
sioning;
(b) Include safeguards, backup sys- (c) Minimize the need for special ex-
tems, procedures, and response plans to ceptions, zoning variances, or non-con-
minimize the possibility and con- forming uses;
sequences of pollution incidents such (d) Plan flood plain uses in ways that
as spills and discharges, while permit- will minimize wetlands loss, flood dam-
ting safe operation with appropriate age, the need for federally-funded flood
safety margins under maximum oper- protection or flood relief, or any de-
ating loads and the most adverse oper- crease in the public value of the flood
ating conditions; plain as an environmental resource;
(c) Provide for safe, legal, and envi- and

ronmentally sound waste disposal, re- (e) Avoid permanent alteration or
source recovery, affected area reclama- harm to wetlands, and take positive
170
steps to minimize adverse effects on et. seq.; Community Environmental Re-

wetlands. sponse Facilitation Act (CERFA), 42
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
U.S.C. 9620, et. seq.; Comprehensive En-
as amended by USCG–2013–0397, 78 FR 39178, vironmental Response, Compensation,
July 1, 2013] and Liability Act of 1980 (CERCLA),
also commonly referred to as Super-
§ 148.735 What are other critical cri- fund, Pub. L. 96–510, 26 U.S.C. 4611, et.
teria that must be evaluated? seq.; Consultation and Coordination
In accordance with § 148.715(b) of this With Indian Tribal Governments, E.O.
part, the deepwater port proposal and 13175, 65 FR 67249; Coral Reef Protec-
reasonable alternatives will be evalu- tion, E.O. 13089, 63 FR 32701; Depart-
ated on the basis of how well they: ment of Transportation Act, Section
(a) Avoid detrimental effects on 4(f), Pub. L. 89–670, 49 U.S.C. 303, Sec-
human health and safety; tion 4(f), et. seq.; Emergency Planning
(b) Pose no compromise to national and Community Right-to-Know Act, 42
security; U.S.C. 11001–11050, et. seq.; Endangered
(c) Account for the historic, archeo- Species Act of 1973 (ESA), Pub. L. 93–
logical, and cultural significance of the 205, 16 U.S.C. 1531, et. seq.; Energy Effi-
area, including any potential require- ciency and Water Conservation at Fed-
ments for historical preservation; eral Facilities, E.O. 12902, 59 FR 11463;
(d) Minimize harmful impacts to mi- Environmental Effects Abroad of Major
norities and children; and Federal Agencies, E.O. 12114, 44 FR
(e) Plan for serious consideration of 1957; Environmental Quality Improve-
the proposal that offers the least po- ment Act, Pub. L. 98–581, 42 U.S.C. 4371,
tential for environmental harm to the et. seq.; Farmlands Protection Policy
region, or potential mitigation actions, Act, Pub. L. 97–98, 7 U.S.C. 4201, et. seq.;
when conflict exists between two or Federal Actions to Address Environ-
more proposed uses for a site. mental Justice in Minority Popu-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, lations and Low-Income Populations,
as amended by USCG–2013–0397, 78 FR 39178, E.O. 12898, 59 FR 7629; Federal Compli-
July 1, 2013] ance with Pollution Control Standards,
E.O. 12088, 43 FR 47707; Federal Insecti-
§ 148.737 What environmental statutes cide, Fungicide, and Rodenticide Act,
must an applicant follow? Pub. L. 86–139, 7 U.S.C. 135, et. seq.; Fed-
In constructing and operating a deep- eral Records Act (FRA), 44 U.S.C. 2101–
water port, the deepwater port must 3324, et. seq.; Federalism, E.O. 13083,
comply with all applicable Federal, Fish and Wildlife Act of 1956, Pub. L.
State, and tribal environmental stat- 85–888, 16 U.S.C. 742, et. seq.; Fish and
utes. For the purposes of information, Wildlife Coordination Act, (Pub. L. 85–
a list of Federal environmental stat- 624, 16 U.S.C. 661, et. seq.; Fisheries Con-
utes and Executive Orders (E.O.s) that servation and Recovery Act of 1976,
may apply includes but is not limited Pub. L. 94–265, 16 U.S.C. 1801, et. seq.;
to: Abandoned Shipwreck Act (ASA), 43 Flood Disaster Protection Act, 42
U.S.C. 2102, et. seq.; American Indian U.S.C. 4001, et. seq.; Flood Plain Man-
Religious Freedom Act (AIRFA), 42 agement and Protection, E.O. 11988, 42
U.S.C. 1996, et. seq.; Antiquities Act, 16 FR 26951; Greening the Government
U.S.C. 433, et. seq.; Archeological and Through Leadership in Environmental
Historic Preservation Act (AHPA), 16 Management, E.O. 13148, 65 FR 24595; 63
U.S.C. 469; Archeological Resources FR 49643; Historic Sites Act, 16 U.S.C.
Protection Act (AHPA), 16 U.S.C. 470 46, et. seq.; Indian Sacred Sites, E.O.
aa-ll, et. seq.; Architectural Barriers 13007, 61 FR 26771; Intergovernmental
Act, 42 U.S.C. 4151, et. seq.; Clean Air Review of Federal Programs E.O. 12372,
Act (CAA), Pub. L. 95–95, 42 U.S.C. 7401, 47 FR 30959; Invasive Species, E.O.
et. seq.; Clean Water Act of 1977 (CWA), 13112, 64 FR 6183; Locating Federal Fa-
Pub. L. 95–217, 33 U.S.C. 1251, et. seq.; cilities on Historic Properties in our
Coastal Barrier Resources Act (CBRA), Nation’s Central Cities, E.O. 13006, 61
Pub. L. 97–348, 16 U.S.C. 3510, et. seq.; FR 26071; Magnuson-Stevens Fishery

Coastal Zone Management Act Conservation and Management Act as
(CZMA), Pub. L. 92–583, 16 U.S.C. 1451, amended through October 11, 1996, 16
171
U.S.C. 1801, et. seq.; Marine Mammal Subpart B—Pollution Prevention Equipment
Protection Act of 1972 (MMPA), Pub. L.
92–522, 16 U.S.C. 1361; Marine Protected
149.103 What are the requirements for dis-
Areas, E.O. 13158, 65 FR 24909; Marine charge containment and removal mate-
Protection, Research, and Sanctuaries rial and equipment?
Act of 1972, Pub. L. 92–532, 16 U.S.C. 149.105 What are the requirements for the
1431, et. seq. and 33 U.S.C. U.S.C. 1401, overflow and relief valves?
et. seq.; Migratory Bird Treaty Act, 16 149.110 What are the requirements for pipe-
U.S.C. 703–712, et. seq.; National Envi- line end manifold shutoff valves?
ronmental Policy Act of 1969 (NEPA), 149.115 What are the requirements for blank
Pub. L. 91–190, 42 U.S.C. 4321, et. seq.; flange and shutoff valves?
149.120 What are the requirements for
National Historic Preservation Act of
manually operated shutoff valves?
1996 (NHPA), Pub. L. 89–665, 16 U.S.C. 149.125 What are the requirements for the
470, et. seq.; Native American Graves malfunction detection system?
Protection and Repatriation Act 149.130 What are the requirements for the
(NAGPRA), 25 U.S.C. 3001, et. seq.; Noise cargo transfer system alarm?
Control Act of 1972, Pub. L. 92–574, 42 149.135 What should be marked on the cargo
U.S.C. 4901, et. seq.; Pollution Preven- transfer system alarm switch?
tion Act of 1990 (PPA), 42 U.S.C. 13101– 149.140 What communications equipment
13109, et. seq.; Protection and Enhance- must be on a deepwater port?
149.145 What are the requirements for curbs,
ment of Cultural Environmental Qual-
gutters, drains, and reservoirs?
ity, E.O. 11593, 36 FR 8921; Protection
and Enhancement of Environmental Subpart C—Lifesaving Equipment
Quality, E.O. 11514, 35 FR 4247; Protec-
tion of Children from Environmental 149.300 What does this subpart do?
Health and Safety Risks, E.O. 13045, 62 MANNED DEEPWATER PORT REQUIREMENTS
FR 19885; Protection of Wetlands, E.O.
11990, 42 FR 26961; Recreational Fish- 149.301 What are the requirements for life-
eries, E.O. 12962, 60 FR 307695; Resource saving equipment?
149.302 What are the requirements when
Conservation and Recovery Act of 1976 lifesaving equipment is repaired or re-
(RCRA), Pub. L. 94–580, 42 U.S.C. 6901, placed?
et. seq.; Responsibilities of Federal 149.303 What survival craft and rescue boats
Agencies to Protect Migratory Birds, may be used on a manned deepwater
E.O. 13186, 66 FR 3853; Safe Drinking port?
Water Act (SDWA), Pub. L. 93–523, 42, 149.304 What type and how many survival
U.S.C. 201, et. seq.; Toxic Substances craft and rescue boats must a manned
Control Act (TSCA), 7 U.S.C. 136, et. deepwater port have?
149.305 What are the survival craft require-
seq.; and Wild and Scenic Rivers Act, ments for temporary personnel?
Pub. L. 90–542, 16 U.S.C. 1271, et. seq. 149.306 What are the requirements for life-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, boats?
as amended by USCG–2013–0397, 78 FR 39178, 149.307 What are the requirements for free-
July 1, 2013] fall lifeboats?
149.308 What are the requirements for life-
rafts?
PART 149—DEEPWATER PORTS: DE- 149.309 What are the requirements for ma-
SIGN, CONSTRUCTION, AND rine evacuation systems?
EQUIPMENT 149.310 What are the muster and embar-
kation requirements for survival crafts?
149.311 What are the launching and recovery
Subpart A—General requirements for lifeboats?
149.312 What are the launching equipment
Sec. requirements for inflatable liferafts?
149.1 What does this part do? 149.313 How must survival craft be ar-
149.3 Incorporation by reference. ranged?
149.5 What definitions apply to this part? 149.314 What are the approval and stowage
149.10 Where can the operator obtain a list requirements for rescue boats?
of Coast Guard-approved equipment? 149.315 What embarkation, launching, and
149.15 What is the process for submitting al- recovery arrangements must rescue
terations and modifications affecting the boats meet?
design and construction of a deepwater 149.316 What are the requirements for life-
port? jackets?
172
149.317 How and where must lifejackets be 149.403 How can I request to use alternate or
stowed? excess fire fighting and fire prevention
149.318 Must every person on the deepwater equipment or procedures?
port have a lifejacket?
149.319 What additional lifejackets must the FIREFIGHTING REQUIREMENTS
deepwater port have? 149.404 Can I use firefighting equipment
149.320 What are the requirements for ring that is notCoast Guard approved?
life buoys? 149.406 What are the approval requirements
149.321 How many ring life buoys must be on for a fire extinguisher?
each deepwater port? 149.407 Must fire extinguishers be on the
149.322 Where must ring life buoys be lo- deepwater port at all times?
cated and how must they be stowed? 149.408 What are the maintenance require-
149.323 What are the requirements for first ments for fire extinguishers?
aid kits? 149.409 How many fire extinguishers are
149.324 What are the requirements for lit- needed and how should they be installed?
ters? 149.410 Location and number of fire extin-
149.325 What emergency communications guishers required for vessels constructed
equipment must be on a manned deep- prior to August 22, 2016.
water port? 149.411 What are the requirements for fire-
149.326 What are the immersion suit re- men’s outfits?
quirements? 149.412 How many fire axes are needed?
149.327 What are the approval requirements 149.413 On a manned deepwater port, what
for work vests and anti-exposure (deck) spaces require a fixed fire extinguishing
suits? system?
149.328 How must work vests and anti-expo- 149.414 What are the requirements for a fire
sure (deck) suits be stowed? detection and alarm system?
149.329 How must work vests and deck suits 149.415 What are the requirements for a fire
be marked? main system on a manned deepwater
149.330 When may a work vest or deck suit port?
be substituted for a lifejacket? 149.416 What are the requirements for a dry
149.331 What are the requirements for hy- chemical fire suppression system?
brid personal flotation devices? 149.417 What firefighting equipment must a
149.332 What are the requirements for in- helicopter landing deck on a manned
flatable lifejackets? deepwater port have?
149.333 What are the marking requirements 149.418 What fire-protection system must a
for lifesaving equipment? helicopter fueling facility have?
149.419 Can the water supply for the heli-
UNMANNED DEEPWATER PORT REQUIREMENTS copter deck fire protection system be
149.334 Who must ensure compliance with part of a fire water system?
the requirements for unmanned deep- 149.420 What are the fire protection require-
water ports? ments for escape routes?
149.335 When are people prohibited from 149.421 What is the requirement for a pre-
being on an unmanned deepwater port? viously approved fire detection and
149.336 What are the requirements for life- alarm system on a deepwater port?
jackets?
149.337 What are the requirements for ring Subpart E—Aids to Navigation
life buoys?
149.338 What are the requirements for im- GENERAL
mersion suits? 149.500 What does this subpart do?
149.339 What is the requirement for pre- 149.505 What are the general requirements
viously approved lifesaving equipment on for aids to navigation?
a deepwater port? 149.510 How do I get permission to establish
149.340 What are the requirements for life- an aid to navigation?
saving equipment that is not required by
this subchapter? LIGHTS
149.520 What kind of lights are required?
Subpart D—Firefighting and Fire-Protection
Equipment LIGHTS ON PLATFORMS
149.400 What does this subpart apply to? 149.535 What are the requirements for rotat-
149.401 What are the general requirements ing beacons on platforms?
for firefighting and fire protection equip-
LIGHTS ON SINGLE POINT MOORINGS
ment?
149.402 What firefighting and fire protection 149.540 What are the requirements for ob-
equipment must be approved by the struction lights on an single point moor-
Coast Guard? ing?
173
§ 149.1 33 CFR Ch. I (7–1–20 Edition)
LIGHTS ON FLOATING HOSE STRINGS PUBLIC ADDRESS SYSTEM
149.550 What are the requirements for lights 149.675 What are the requirements for the
on a floating hose string? public address system?
LIGHTS ON BUOYS USED TO DEFINE TRAFFIC MEDICAL TREATMENT ROOMS

LANES 149.680 What are the requirements for med-
149.560 How must buoys used to define traf- ical treatment rooms?
fic lanes be marked and lighted? 149.685 May a medical treatment room be
149.565 What are the required characteris- used for other purposes?
tics and intensity of lights on buoys used MISCELLANEOUS
to define traffic lanes?
MISCELLANEOUS means of escape, personnel landings,
guardrails, similar devices, and for noise
149.570 How is a platform, single point limits?
mooring, or submerged turret loading
identified? MEANS OF ESCAPE
149.575 How must objects protruding from
149.691 What means of escape are required?
the water, other than platforms and sin-
149.692 Where must they be located?
gle point moorings, be marked?
149.580 What are the requirements for a PERSONNEL LANDINGS
radar beacon?
149.693 What are the requirements for per-
149.585 What are the requirements for sound
sonnel landings on manned deepwater
signals?
ports?
Subpart F—Design and Equipment GUARDRAILS AND SIMILAR DEVICES
GENERAL 149.694 What are the requirements for cat-
walks, floors, and openings?
149.600 What does this subpart do? 149.695 What are the requirements for stair-
149.610 What must the District Commander ways?
be notified of and when? 149.696 What are the requirements for a hel-
149.615 What construction drawings and icopter landing deck safety net?
specifications are required?
149.620 What happens when the Com- NOISE LIMITS
mandant (CG–5P) reviews and evaluates 149.697 What are the requirements for a
the construction drawings and specifica- noise level survey?
tions?
149.625 What are the design standards? PORTABLE LIGHTS
STRUCTURAL FIRE PROTECTION 149.700 What kind of portable lights may be

used on a deepwater port?
149.640 What are the requirements for fire
protection systems? AUTHORITY: 33 U.S.C. 1504, 1509; Depart-
ment of Homeland Security Delegation No.
149.641 What are the structural fire protec-
0170.1 (75).
tion requirements for accommodation
spaces and modules? SOURCE: USCG–1998–3884, 71 FR 57651, Sept.
SINGLE POINT MOORINGS
EDITORIAL NOTE: Nomenclature changes to
149.650 What are the requirements for single part 149 appear by USCG–2010–0351, 75 FR
point moorings and their attached hoses? 36284, June 25, 2010.
HELICOPTER FUELING FACILITIES
Subpart A—General
149.655 What are the requirements for heli-
copter fueling facilities? § 149.1 What does this part do?
EMERGENCY POWER This part provides requirements for
the design and construction of deep-
149.660 What are the requirements for emer-
gency power? water ports. It also provides the re-
quirements for equipment for deep-
GENERAL ALARM SYSTEM water ports.
149.665 What are the requirements for a gen-
§ 149.3 Incorporation by reference.

eral alarm system?
149.670 What are the requirements for mark- (a) Certain material is incorporated
ing a general alarm system? by reference into this subchapter with
174
the approval of the Director of the Fed- Service space means a space used for a
eral Register in accordance with 5 galley, a pantry containing cooking ap-
U.S.C. 552(a) and 1 CFR part 51. To en- pliances, a storeroom, or a workshop
force any edition other than that speci- other than those in industrial areas,
fied in this section, the Coast Guard and trunks to those spaces.
must publish a notice of change in the Sleeping space means a space provided
FEDERAL REGISTER and the material with bunks for sleeping.
must be available to the public. All ap- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
proved material is available for inspec- as amended by USCG–2013–0397, 78 FR 39178,
tion at the U.S. Coast Guard, Office of July 1, 2013]
Design and Engineering Standards
(CG–ENG–4), 2703 Martin Luther King § 149.10 Where can the operator obtain
Jr. Avenue SE., Stop 7509, Washington, a list of Coast Guard-approved
DC 20593–7509, and is available from the equipment?
sources listed below. It is also avail- Where equipment in this subchapter
able for inspection at the National Ar- must be of an approved type, the equip-
chives and Records Administration ment must be specifically approved by
(NARA). For information on the avail- the Commandant (CG–5P) and the
ability of this material at NARA, call Coast Guard Marine Safety Center. A
202–741–6030 or go to http:// list of approved equipment, including
www.archives.gov/federallregister/ all of the approval series, is available
codeloflfederallregulations/ at: http://cgmix.uscg.mil/Equipment/De-
ibrllocations.html. fault.aspx.
(b) National Fire Protection Associa- [USCG–2013–0397, 78 FR 39178, July 1, 2013]
tion (NFPA), 1 Batterymarch Park,
Quincy, MA 02169, 617–770–3000, http:// § 149.15 What is the process for sub-
www.nfpa.org. mitting alterations and modifica-
(1) NFPA 10, Standard for Portable tions affecting the design and con-
Fire Extinguishers, 2010 Edition, effec- struction of a deepwater port?
tive December 5, 2009, IBR approved for (a) Alterations and modifications af-
§ 149.408(a) through (d). fecting the design and construction of
(2) [Reserved] a deepwater port must be submitted to
the Commandant (CG–5) for review and
[USCG–2012–0190, 81 FR 48243, July 22, 2016]
approval if:
§ 149.5 What definitions apply to this (1) A license has not yet been issued;
part? or,
(2) A license has been issued but the
Definitions applicable to this part ap- port has not commenced operations; or,
pear in 33 CFR 148.5. In addition, the (3) The alteration and modification
following terms are used in this part are deemed a major conversion; or,
and have the indicated meanings: (4) The alteration or modification
Accommodation module means a mod- substantially changes the manner in
ule with one or more accommodation which the port operates or is not in ac-
spaces that is individually contracted cordance with a condition of the li-
and may be used for one or more facili- cense.
ties. (b) All other alterations and modi-
Major conversion means a conversion, fications to the deepwater port must be
as determined by the Commandant submitted to the Officer in Charge of
(CG–5P), that substantially changes Marine Inspection (OCMI) for review
the dimensions of a facility, substan- and approval.
tially changes the water depth capa- (c) Approval for alterations and
bility of a fixed facility, substantially modifications proposed after a license
changes the carrying capacity of a has been issued will be contingent upon
floating facility, substantially changes whether the proposed changes will af-
the processing equipment, changes the fect the way the port operates, or any
type of a facility, substantially pro- conditions imposed in the license.
longs the life of a facility, or otherwise (d) The licensee is not authorized to
so changes the facility that it is essen- proceed with alterations prior to ap-
tially a new facility. proval from the Commandant (CG–5)
175
§ 149.100 33 CFR Ch. I (7–1–20 Edition)
for the conditions outlined in para- ating both manually and from the
graph (a) and approval by the cog- pumping platform complex.
nizant OCMI as required in paragraph
(b) of this section. § 149.115 What are the requirements
(e) The Commandant (CG–5), during for blank flange and shutoff valves?
the review and approval process of a Each floating hose string must have
proposed alteration or modification, a blank flange and a shutoff valve at
may consult with the Marine Safety the vessel’s manifold end.
Center and cooperating Federal agen-
cies possessing relevant technical ex- § 149.120 What are the requirements
pertise. for manually operated shutoff
valves?
Subpart B—Pollution Prevention Each oil and natural gas transfer line
Equipment passing through a single point mooring
buoy system must have a manual shut-
§ 149.100 What does this subpart do? off valve.
This subpart provides requirements § 149.125 What are the requirements
for pollution equipment on deepwater for the malfunction detection sys-
ports. tem?
§ 149.103 What are the requirements (a) Each oil and natural gas system,
for discharge containment and re- between a pumping platform complex
moval material and equipment? and the shore, must have a system that
(a) Each deepwater port must have a can detect and locate leaks and other
facility response plan that meets the malfunctions, particularly in high-risk
requirements outlined in part 154, sub- areas.
part F, of this chapter, and be approved (b) The marine transfer area on an oil
by the cognizant Sector Commander, deepwater port must be equipped with
or MSU Commander with COTP and a monitoring system in accordance
OCMI authority. with § 154.525 of this chapter.
(b) The facility response plan must (c) A natural gas deepwater port
identify adequate spill containment must be equipped with gas detection
and removal equipment for deepwater equipment adequate for the type of
port-specific spill scenarios. transfer system, including storage and
(c) Response equipment and material regasification, used. The Commandant
must be pre-positioned for ready access (CG–5P) will evaluate proposed leak-de-
and use on board the deepwater port. tection systems for natural gas on an
individual basis.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
July 1, 2013]
§ 149.105 What are the requirements
for the overflow and relief valves? § 149.130 What are the requirements
for the cargo transfer system
(a) Each oil and natural gas transfer alarm?
system (OTS/NGTS) must include a re-
lief valve that, when activated, pre- (a) Each cargo transfer system must
vents pressure on any component of have an alarm to signal a malfunction
the OTS/NGTS from exceeding its max- or failure in the system.
imum rated pressure. (b) The alarm must sound automati-
(b) The transfer system overflow or cally in the control room and:
relief valve must not allow a discharge (1) Be capable of being activated at
into the sea. the pumping platform complex;
(2) Have a signal audible in all areas
§ 149.110 What are the requirements of the pumping platform complex, ex-
for pipeline end manifold shutoff cept in areas under paragraph (b)(3) of
valves? this section;

Each pipeline end manifold must (3) Have a high intensity flashing
have a shutoff valve capable of oper- light in areas of high ambient noise
176
levels where hearing protection is re- mary means of communicating with

quired under § 150.615 of this chapter; support vessels, shore side, etc.
and [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(4) Be distinguishable from the gen- as amended by USCG–2013–0397, 78 FR 39178,
eral alarm. July 1, 2013]
(c) Tankers calling on unmanned
deepwater ports must be equipped with § 149.145 What are the requirements
for curbs, gutters, drains, and res-
a transfer system alarm described in ervoirs?
this section.
Each pumping platform complex
§ 149.135 What should be marked on must have enough curbs, gutters,
the cargo transfer system alarm drains, and reservoirs to collect, in the
switch? reservoirs, all oil and contaminants
Each switch for activating an alarm, not authorized for discharge into the
and each audio or visual device for sig- ocean according to the deepwater
port’s National Pollution Discharge
naling an alarm, must be identified by
Elimination System permit.
the words ‘‘Oil Transfer Alarm’’ or
‘‘Natural Gas Transfer Alarm’’ in red [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
letters at least 1 inch high on a yellow as amended by USCG–2013–0397, 78 FR 39178,
July 1, 2013]
background.
§ 149.140 What communications equip- Subpart C—Lifesaving Equipment

ment must be on a deepwater port?
§ 149.300 What does this subpart do?
(a) Each deepwater port must have
the following communications equip- This subpart provides requirements
ment: for lifesaving equipment on deepwater
(1) A system for continuous two-way ports.
voice communication among the deep- MANNED DEEPWATER PORT
water port, the tankers, the support REQUIREMENTS
vessels, and other vessels operating at
the deepwater port. The system must § 149.301 What are the requirements
be usable and effective in all phases of for lifesaving equipment?
a transfer and in all conditions of (a) Manned Deepwater Port. Each
weather at the deepwater port; deepwater port on which at least one
(2) A means to indicate the need to person occupies an accommodation
use the communication system re- space for more than 30 consecutive
quired by this section, even if the days in any successive 12-month period
means is the communication system must comply with the requirements for
itself; and lifesaving equipment in this subpart.
(3) Equipment that, for each portable (b) Unmanned Deepwater Port. Each
means of communication used to meet deepwater port, not under paragraph
the requirements of this section, is: (a) of this section, must comply with
(i) Certified under 46 CFR 111.105–11 the requirements for lifesaving equip-
to be operated in Group D, Class 1, Di- ment for unmanned deepwater ports in
vision 1 Atmosphere; and, this subpart.
(ii) Permanently marked with the [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
certification required in paragraph as amended by USCG–2013–0397, 78 FR 39178,
(a)(3)(i) of this section. As an alter- July 1, 2013]
native to this marking requirement, a
document certifying that the portable when lifesaving equipment is re-
radio devices in use are in compliance paired or replaced?
with this section may be kept at the
When lifesaving equipment is re-
deepwater port. placed, or when the deepwater port un-
(b) The communication system of the dergoes a repair, alteration, or modi-

tank ship mooring at an unmanned fication that involves replacing or add-
deepwater port will be deemed the pri- ing to the lifesaving equipment, the
177
§ 149.303 33 CFR Ch. I (7–1–20 Edition)
new lifesaving equipment must meet (4) Capacity refers to the total num-
the requirements of this subpart. ber of persons on the deepwater port at
any one time, not including temporary
§ 149.303 What survival craft and res- personnel. Temporary personnel in-
cue boats may be used on a manned clude: contract workers, official visi-
deepwater port? tors, and any other persons who are not
(a) Each survival craft on a manned permanent employees. See § 149.305 of
deepwater port must be one of the fol- this part for additional survival craft
lowing: requirements when temporary per-
(1) A lifeboat meeting the require- sonnel are on board.
ments of § 149.306 of this part; or (5) The required lifeboats may be
(2) A liferaft meeting the require- used as rescue boats if the lifeboats
ments of § 149.308 of this part. also meet the requirements for rescue
(b) Each rescue boat on a manned boats in § 149.314 of this part.
deepwater port must be a rescue boat (b) Deepwater ports consisting of
meeting the requirements of § 149.314 of novel structures or a combination of
this part. fixed and/or floating structures may re-
quire additional survival craft as
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, deemed necessary by the Commandant
as amended by USCG–2013–0397, 78 FR 39179, (CG–5P). In these cases, the type and
July 1, 2013] number of survival craft must be speci-
fied in the operations manual.
§ 149.304 What type and how many
survival craft and rescue boats [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
must a manned deepwater port as amended by USCG–2013–0397, 78 FR 39179,
have? July 1, 2013]
(a) Except as specified under § 149.305 § 149.305 What are the survival craft
of this part, each manned deepwater requirements for temporary per-
port must have at least the type and sonnel?
number of survival craft and the num-
(a) When temporary personnel are on
ber of rescue boats indicated for the
board a manned deepwater port and the
deepwater port in paragraphs (a)(1)
complement exceeds the capacity of
through (a)(5) of this section.
the survival craft required under
(1) For a deepwater port with 30 or § 149.304 of this part, the deepwater port
fewer persons on board: must have additional liferafts to en-
(i) One or more lifeboats with a total sure that the total capacity of the sur-
capacity of 100 percent of the personnel vival craft is not less than 150 percent
on board; of the personnel on board at any time.
(ii) One or more liferafts with a total (b) The liferafts required in para-
capacity of 100 percent of the personnel graph (a) of this section need not meet
on board; and the launching requirements of para-
(iii) One rescue boat, except that the graph (b) to § 149.308 of this part, but
rescue boat is not required for deep- must comply with the stowage require-
water ports with eight or fewer persons ments of 46 CFR 108.530(c).
on board.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(2) For a deepwater port with 31 or
more persons on board: July 1, 2013]
(i) At least two lifeboats with a total
capacity of 100 percent of the personnel § 149.306 What are the requirements
on board; for lifeboats?
(ii) One or more liferafts with a total (a) Lifeboats must be:
capacity so that, if the survival craft (1) Totally enclosed, fire-protected,
at any one location are rendered unus- and approved under approval series
able, there will be craft remaining with 160.135; and
a total capacity of 100 percent of the (2) If the hull or canopy is of alu-
personnel on board; and minum, it must be protected in its
(iii) One rescue boat. stowage position by a water spray sys-

(3) Lifeboats may be substituted for tem meeting the requirements of 46
liferafts. CFR 34.25.
178
(b) Each lifeboat must have at least system that complies with 46 CFR
the provisions and survival equipment 108.555.
required by 46 CFR 108.575(b). (b) Each free-fall lifeboat must have
(c) Except for boathooks, the equip- a launching and recovery system that
ment under paragraph (b) of this sec- complies with 46 CFR 108.557.
tion must be securely stowed in the
lifeboat. § 149.312 What are the launching
(d) Each lifeboat must have a list of equipment requirements for inflat-
the equipment it is required to carry able liferafts?
under paragraph (c) of this section. The (a) Each inflatable liferaft not in-
list must be posted in the lifeboat. tended for davit launching must be ca-
(e) The manufacturer’s instructions pable of rapid deployment.
for maintenance and repair of the life- (b) Each liferaft capable of being
boat, required under § 150.502(a) of this launched by a davit must have the fol-
chapter, must be in the lifeboat or on lowing launching equipment at each
the deepwater port. launching station:
(1) A launching device approved
§ 149.307 What are the requirements under approval series 160.163; and
for free-fall lifeboats?
(2) A mechanical disengaging appa-
All free-fall lifeboats must be ap- ratus approved under approval series
proved under approval series 160.135. 160.170.
(c) The launching equipment must be
§ 149.308 What are the requirements operable, both from within the liferaft
for liferafts?
and from the deepwater port.
(a) Each liferaft must be an inflat- (d) Winch controls must be located so
able liferaft approved under approval that the operator can observe the life-
series 160.151, or a rigid liferaft ap- raft launching.
proved under approval series 160.118. (e) The launching equipment must be
(b) Except as under § 149.305(b) of this arranged so that a loaded liferaft does
subpart, each inflatable or rigid life- not have to be lifted before it is low-
raft, boarded from a deck that is more ered.
than 4.5 meters (14.75 feet) above the (f) Not more than two liferafts may
water, must be davit-launched or be launched from the same set of
served by a marine evacuation system launching equipment.
complying with § 149.309 to this sub-
part. § 149.313 How must survival craft be
arranged?
for marine evacuation systems? The operator must arrange survival
craft so that they meet the require-
All marine evacuation systems must ments of 46 CFR 108.525 (a) and § 108.530
be approved under approval series and so that they—
160.175 and comply with the launching
(a) Are readily accessible in an emer-
arrangement requirements for mobile
gency;
offshore drilling units in 46 CFR
(b) Are accessible for inspection,
108.545.
maintenance, and testing;
§ 149.310 What are the muster and em- (c) Are in locations clear of over-
barkation requirements for survival board discharge piping or openings, and
craft? obstructions below; and
Muster and embarkation arrange- (d) Are located so that survival craft
ments for survival craft must comply with an aggregate capacity to accom-
with 46 CFR 108.540. modate 100% of the total number of
persons authorized to be berthed are
§ 149.311 What are the launching and readily accessible from the personnel
recovery requirements for life- berthing area.
boats?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a) Each lifeboat launched by falls as amended by USCG–2013–0397, 78 FR 39179,
must have a launching and recovery July 1, 2013]
179
§ 149.314 33 CFR Ch. I (7–1–20 Edition)
§ 149.314 What are the approval and crane’s launching system meets the re-
stowage requirements for rescue quirements of this section.
boats?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a) Rescue boats must be approved as amended by USCG–2013–0397, 78 FR 39179,
under approval series 160.156. A lifeboat July 1, 2013]
is acceptable as a rescue boat if it also
meets the requirements for a rescue for lifejackets?
boat under approval series 160.156.
(b) The stowage of rescue boats must (a) Each lifejacket must be approved
under approval series 160.002, 160.005,
comply with 46 CFR 108.565.
160.055, 160.077, or 160.176.
§ 149.315 What embarkation, launch- (b) Each lifejacket must have a light
ing, and recovery arrangements approved under approval series 161.012.
must rescue boats meet? Each light must be securely attached
to the front shoulder area of the life-
(a) Each rescue boat must be capable jacket.
of being launched in a current of up to (c) Each lifejacket must have a whis-
5 knots. A painter may be used to meet tle permanently attached by a cord.
this requirement. (d) Each lifejacket must be fitted
(b) Each rescue boat embarkation with Type I retroreflective material,
and launching arrangement must per- approved under approval series 164.018.
mit the rescue boat to be boarded and
launched in the shortest possible time. § 149.317 How and where must life-
(c) If the rescue boat is one of the jackets be stowed?
deepwater port’s survival craft, then (a) The operator must ensure that
the rescue boat must comply with the lifejackets are stowed in readily acces-
muster and embarkation arrangement sible places in or adjacent to accommo-
requirements of § 149.310 of this part. dation spaces.
(d) The rescue boat must comply (b) Lifejacket stowage containers and
with the embarkation arrangement re- the spaces housing the containers must
quirements of 46 CFR 108.555. not be capable of being locked.
(e) If the launching arrangement uses (c) The operator must mark each life-
jacket container or lifejacket stowage
a single fall, the rescue boat may have
location with the word ‘‘LIFE-
an automatic disengaging apparatus,
JACKETS’’ in block letters, and the
approved under approval series 160.170, quantity, identity, and size of the life-
instead of a lifeboat release mecha- jackets stowed inside the container or
nism. at the location.
(f) The rescue boat must be capable
of being recovered rapidly when loaded § 149.318 Must every person on the
with its full complement of persons and deepwater port have a lifejacket?
equipment. If a lifeboat is being used as The operator must provide a life-
a rescue boat, rapid recovery must be jacket that complies with § 149.316 of
possible when loaded with its lifeboat this part for each person on a manned
equipment and a rescue boat’s com- deepwater port.
plement of at least six persons. [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(g) Each rescue boat launching appli- as amended by USCG–2013–0397, 78 FR 39179,
ance must be fitted with a powered July 1, 2013]
winch motor.
(h) Each rescue boat launching appli- § 149.319 What additional lifejackets
must the deepwater port have?
ance must be capable of hoisting the
rescue boat, when loaded with its full For each person on duty in a location
complement of persons and equipment, where the lifejacket required by
at a rate of not less than 59 feet per § 149.317 of this part is not readily ac-
minute. cessible, an additional lifejacket must
(i) The operator may use an onboard be stowed so as to be readily accessible

crane to launch a rescue boat if the to that location.
[USCG–2013–0397, 78 FR 39179, July 1, 2013]
180
§ 149.320 What are the requirements for the maximum number of persons on
for ring life buoys? the deepwater port.
(a) Ring life buoys must be approved (b) The first aid kit must be main-
under approval series 160.050 or 160.150, tained in a space designated as a med-
for SOLAS-approved equipment. ical treatment room or, if there is no
(b) Each ring life buoy must have a medical treatment room, under the
floating electric water light approved custody of the person in charge.
under approval series 161.010. The oper- (c) The operator must ensure that
ator must ensure that the light to the each first aid kit is accompanied by a
ring life buoy is attached by a lanyard copy of either the Department of
of 12-thread manila, or a synthetic rope Health and Human Services Publica-
of equivalent strength, not less than 3 tion No. (PHS) 84–2024, ‘‘The Ship’s
feet nor more than 6 feet in length. The Medicine Chest and Medical Aid at
light must be mounted on a bracket Sea,’’ available from the Super-
near the ring life buoy so that, when intendent of Documents, U.S. Govern-
the ring life buoy is cast loose, the ment Printing Office, Washington, DC
light will be pulled free of the bracket. 20402, or the ‘‘American Red Cross First
(c) To each ring life buoy, there must Aid and Safety Handbook,’’ available
be attached a buoyant line of 100 feet from Little Brown and Company, 3
in length, with a breaking strength of Center Plaza, Boston, MA 02018.
at least 5 kilonewtons force. The end of
the line must not be secured to the § 149.324 What are the requirements
deepwater port. for litters?
(d) Each ring life buoy must be Each manned deepwater port must
marked with Type II retroreflective have at least one Stokes or other suit-
material, approved under approval se- able litter, capable of safely hoisting
ries 164.018. an injured person. The litter must be
readily accessible in an emergency.
§ 149.321 How many ring life buoys
must be on each deepwater port? § 149.325 What emergency communica-
There must be at least four approved tions equipment must be on a
manned deepwater port?
ring life buoys on each manned deep-
water port. Each manned deepwater port must
have a radio, telephone, or other means
§ 149.322 Where must ring life buoys of emergency communication with the
be located and how must they be shore, vessels, and facilities in the vi-
stowed? cinity in the event the primary com-
(a) The operator must locate one ring munications system outlined in
life buoy on each side of the deepwater § 149.140 of this part fails. This commu-
port and one near each external stair- nication equipment must have an
way leading to the water. One buoy per emergency power source.
side may be used to satisfy both these
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
requirements. as amended by USCG–2013–0397, 78 FR 39179,
(b) Each ring life buoy must be July 1, 2013]
stowed on or in a rack that is readily
accessible in an emergency. The ring § 149.326 What are the immersion suit
life buoy must not be permanently se- requirements?
cured in any way to the rack or the Each manned deepwater port located
deepwater port. north of 32 degrees North latitude must
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, comply with the immersion suit re-
as amended by USCG–2013–0397, 78 FR 39179, quirements in 46 CFR 108.580.
July 1, 2013]
§ 149.327 What are the approval re-
§ 149.323 What are the requirements quirements for work vests and anti-
for first aid kits? exposure (deck) suits?
(a) Each manned deepwater port All work vests and anti-exposure
must have an industrial first aid kit, (deck) suits on a manned deepwater
approved by an appropriate organiza- port must be of a buoyant type ap-
tion, such as the American Red Cross, proved under:
181
§ 149.328 33 CFR Ch. I (7–1–20 Edition)
(a) Approval series 160.053 as a work § 149.332 What are the requirements
vest; for inflatable lifejackets?
(b) Approval series 160.053 or 160.153 (a) Each inflatable lifejacket must be
as an anti-exposure suit; or approved under approval series 160.176.
(c) Approval series 160.077 as a com- (b) All inflatable lifejackets on a
mercial hybrid personal flotation de- deepwater port must:
vice. (1) Be used and stowed according to
the procedures contained in the man-
§ 149.328 How must work vests and ual required for them under 46 CFR
anti-exposure (deck) suits be 160.176–21;
stowed? (2) Be marked with all limitations, if
All work vests and deck suits must any; and
be stowed separately from lifejackets (3) Be of the same or similar design
and in a location that is not easily con- and have the same method of oper-
fused with a storage area for life- ation.
jackets.
§ 149.333 What are the marking re-
quirements for lifesaving equip-
§ 149.329 How must work vests and ment?
deck suits be marked?
(a) Each lifeboat, rigid liferaft, and
All work vests and deck suits must survival capsule must be marked on
be fitted with Type I retroreflective two opposite outboard sides with the
material, approved under approval se- name, number, or other inscription
ries 164.018. identifying the deepwater port on
which it is placed, and the number of
§ 149.330 When may a work vest or persons permitted on the craft. Each
deck suit be substituted for a life-
paddle or oar for these crafts must also
jacket?
be marked with an inscription identi-
(a) A work vest or deck suit meeting fying the deepwater port. The letters
the requirements of § 149.326 of this and numbers must be at least 100 milli-
part may be used instead of a lifejacket meters (3.94 inches) high on a con-
when personnel are working near or trasting background.
over water. (b) Each inflatable liferaft must be
(b) Work vests or deck suits may not marked to meet 46 CFR 160.151–33, and,
be substituted for any portion of the after each servicing, marked to meet 46
number of approved lifejackets re- CFR 160.151–57(m).
quired on the deepwater port or attend- (c) Each lifejacket and ring life buoy
ing vessel for use during drills and must be conspicuously marked with
emergencies. the name, number, or other inscription
identifying the deepwater port on
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, which it is placed. The letters and
as amended by USCG–2013–0397, 78 FR 39179, numbers must be at least 1.5 inches (38
July 1, 2013] mm) high on a contrasting background.
Lifejackets and ring life buoys that ac-
§ 149.331 What are the requirements company mobile crews to unmanned
for hybrid personal flotation de- deepwater ports may be marked with
vices?
the operator’s name and field designa-
(a) The operator must ensure that tion.
the use and stowage of all commercial
hybrid personal flotation devices UNMANNED DEEPWATER PORT
(PFDs) used as work vests comply with REQUIREMENTS
the procedures required for them in 46
§ 149.334 Who must ensure compliance
CFR 160.077–29, and all limitations, if with the requirements for un-
any, marked on them. manned deepwater ports?
(b) All commercial hybrid PFDs on The owner or operator of an un-
the deepwater port must be of the same manned deepwater port must ensure
or similar design and must have the that applicable requirements are com-
same method of operation. plied with on that deepwater port.
182
§ 149.335 When are people prohibited § 149.339 What is the requirement for
from being on an unmanned deep- previously approved lifesaving
water port? equipment on a deepwater port?
No person may be on an unmanned Lifesaving equipment such as life-
deepwater port unless all requirements boats, liferafts, and PFDs on a deep-
of this part are met. water port on January 1, 2004, need not
meet the requirements of this subpart
§ 149.336 What are the requirements until the equipment needs replacing,
for lifejackets? provided it is periodically tested and
(a) Except as provided in paragraph maintained and in good operational
(b) of this section, each unmanned condition.
deepwater port must have at least one
lifejacket complying with § 149.316 of for lifesaving equipment that is not
this part for each person on the deep- required by this subchapter?
water port. The lifejackets need to be
available for use on the deepwater port Each item of lifesaving equipment on
only when persons are onboard. a deepwater port that is not required
by this subchapter must be approved
(b) During helicopter visits, per-
by the Commandant (CG–5P).
sonnel who have aircraft type of life-
jackets may use them as an alternative [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
to the requirements of paragraph (a) of as amended by USCG–2013–0397, 78 FR 39179,
this section. July 1, 2013]
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,

Subpart D—Firefighting and Fire
July 1, 2013] Protection Equipment
§ 149.337 What are the requirements § 149.400 What does this subpart apply
for ring life buoys? to?
(a) Each unmanned deepwater port This subpart applies to all deepwater
must have at least one ring life buoy ports except unmanned deepwater
complying with § 149.320 to this part. ports consisting of a submerged turret
loading or comparable configuration in
(b) If there is no space on the deep-
which cargo transfer operations are
water port for the ring life buoys, they
conducted solely aboard the tank ves-
must be on a manned vessel located
sel by the vessel crew.
alongside of the deepwater port while
the persons are on the deepwater port. [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, July 1, 2013]
July 1, 2013] § 149.401 What are the general require-
ments for firefighting and fire pro-
§ 149.338 What are the requirements tection equipment?
for immersion suits?
Each deepwater port must comply
(a) Each unmanned deepwater port with the requirements for firefighting
located north of 32 degrees North lati- and fire protection equipment in this
tude must comply with the immersion subpart.
suit requirements applicable to mobile
offshore drilling units under 46 CFR § 149.402 What firefighting and fire
108.580, and immersion suits must be protection equipment must be ap-
approved under approval series 160.171. proved by the Coast Guard?
Except as under paragraph (b) of this Except as permitted under § 149.403,
section, the immersion suits need be on § 149.415(c) or (d), § 149.419(a)(1), or
the deepwater port only when persons § 149.420 of this part, all required fire-
are on board. fighting and fire protection equipment
(b) If an attending vessel is moored on a deepwater port must be approved
to the unmanned deepwater port, the by the Commandant (CG–ENG). Fire-

suits may be stowed on the vessel, in- fighting and fire protection equipment
stead of on the deepwater port. that supplements required equipment
183
§ 149.403 33 CFR Ch. I (7–1–20 Edition)
must also be approved by the Com- port or the persons aboard it in any
mandant (CG–ENG), unless approval by way. This equipment must be listed
the Officer in Charge of Marine Inspec- and labeled by a nationally recognized
tion (OCMI) is requested and granted testing laboratory (NRTL), as set forth
pursuant to § 149.403 of this subpart. in 29 CFR 1910.7, and it must be main-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
tained in good working condition.
as amended by USCG–2013–0397, 78 FR 39179, (b) Use of non-Coast Guard-approved
July 1, 2013] fire detection systems may be accept-
able as excess equipment provided
§ 149.403 How can I request to use al- that—
ternate or excess fire fighting and (1) Components are listed by an
fire prevention equipment or proce- NRTL as defined in 46 CFR 161.002–2,
dures? and are designed, installed, tested, and
(a) The operator may request the use maintained in accordance with an ap-
of alternate or excess equipment or propriate industry standard and the
procedures than those required in this manufacturer’s specific guidance;
subchapter. (2) Installation conforms to the re-
(b) Upon request, the Sector Com- quirements of 46 CFR chapter I, sub-
mander, or MSU Commander with chapter J (Electrical Engineering),
COTP and OCMI authority, may allow with specific regard to the hazardous
the use of alternate equipment or pro- location installation regulations in 46
cedures if the alternatives will: CFR 111.105;
(1) Accomplish the purposes for the (3) Coast Guard plan review is com-
requirement; and pleted for wiring plans; and
(2) Provide a degree of safety equiva- (4) The system and units remain
lent to or greater than that provided functional as intended. To ensure this,
by the requirement. marine inspectors may test and inspect
(c) The Sector Commander, or MSU the system.
Commander with COTP and OCMI au- [USCG–2012–0196, 81 FR 48243, July 22, 2016]
thority, may require that the request-
ing party: § 149.406 What are the approval re-
(1) Explain why applying the require- quirements for a fire extinguisher?
ment would be unreasonable or imprac- All portable and semi-portable fire
ticable; or extinguishers must be of an approved
(2) Submit engineering calculations,
type under 46 CFR part 162, subparts
tests, or other data to demonstrate
162.028 and 162.039, respectively.
how the requested alternative would
comply with paragraph (b) of this sec- § 149.407 Must fire extinguishers be on
tion. the deepwater port at all times?
(d) The Sector Commander, or MSU
(a) The fire extinguishers required by
Commander with COTP and OCMI au-
§ 149.409 of this part must be on all
thority, may determine, on a case-by-
manned deepwater ports at all times.
case basis, that the Commandant (CG– (b) The fire extinguishers required by
ENG) must approve the use of the al- § 149.409 of this part need be on un-
ternate equipment or procedure. manned deepwater ports only when
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, personnel are working on the deep-
as amended by USCG–2013–0397, 78 FR 39179, water port during cargo transfer oper-
July 1, 2013; USCG–2012–0196, 81 FR 48243, ations, or performing maintenance du-
July 22, 2016] ties.
FIREFIGHTING REQUIREMENTS [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
§ 149.404 Can I use fire fighting equip- July 1, 2013]
ment that is not Coast Guard ap-
proved? § 149.408 What are the maintenance re-
(a) A deepwater port may use fire quirements for fire extinguishers?
fighting equipment that is not Coast (a) Portable and semi-portable extin-
Guard approved as excess equipment, guishers must be inspected and main-

pursuant to § 149.403 of this subpart, if tained in accordance with NFPA 10 (in-
the equipment does not endanger the corporated by reference, see § 149.3).
184
(b) Certification or licensing by a qualified servicing organization, and

state or local jurisdiction as a fire ex- attached to each extinguisher, may be
tinguisher servicing agency will be ac- accepted as evidence that the nec-
cepted by the Coast Guard as meeting essary maintenance procedures have
the personnel certification require- been conducted.
ments of NFPA 10 for annual mainte-
[USCG–2012–0196, 81 FR 48244, July 22, 2016]
nance and recharging of extinguishers.
(c) Monthly inspections required by § 149.409 How many fire extinguishers
NFPA 10 may be conducted by the are needed and how should they be
owner, operator, person-in-charge, or a installed?
designated member of the crew.
(d) Non-rechargeable or non-refillable (a) Approved portable and semi-port-
extinguishers must be inspected and able extinguishers must be installed in
maintained in accordance with NFPA accordance with table 149.409 of this
10; however, the annual maintenance section.
need not be conducted by a certified (b) Semi-portable extinguishers must
person and can be conducted by the be located in the open so as to be read-
owner, operator, person-in-charge, or a ily seen.
designated member of the crew. (c) Semi-portable extinguishers must
(e) The owner or managing operator be fitted so that all portions of the
must provide satisfactory evidence of space concerned may be covered.
the required servicing to the marine in- (d) Table 149.409 of this section indi-
spector. If any of the equipment or cates the minimum required classifica-
records has not been properly main- tion for each space listed. Extin-
tained, a qualified servicing facility guishers with larger numerical ratings
must perform the required inspections, or multiple letter designations may be
maintenance procedures, and hydro- used if the extinguishers meet the re-
static pressure tests. A tag issued by a quirements of the table.
TABLE 149.409—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS, MINIMUM QUANTITY AND
LOCATION
Space Classification Minimum quantity and location
(1) Safety Areas

(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) Accommodation Spaces
(i) Sleeping quarters .................................. 2–A ............................ One in each sleeping space that fits more than
four persons.
(3) Service Spaces
(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, lo-
cated near each exit, either inside or outside the
space.
(iii) Paint room ........................................... 40–B .......................... One outside each paint room exit.
(4) Machinery Spaces
(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 en- 40–B .......................... One for each engine.2
gines.
(iv) Open electric motors and generators 40–B:C ....................... One for each of two motors or generators.3
(5) Helicopter Areas
(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.
185
§ 149.410 33 CFR Ch. I (7–1–20 Edition)
(e) Semi-portable extinguishers must § 149.413 On a manned deepwater

be fitted with a suitable hose and noz- port, what spaces require a fixed
zle, or other practicable means, so that fire extinguishing system?
all areas of the space can be protected. The manned deepwater port spaces or
[USCG–2012–0196, 81 FR 48244, July 22, 2016] systems listed in paragraphs (a)
through (c) of this section must be pro-
§ 149.410 Location and number of fire tected by an approved fixed gaseous or
extinguishers required for vessels other approved fixed-type extin-
constructed prior to August 22,
2016. guishing system.
(a) Paint lockers with a carrying ca-
Vessels contracted for prior to Au- pacity of more than 200 cubic feet, and
gust 22, 2016 must meet the following similar spaces containing flammable
requirements: liquids.
(a) Previously installed extinguishers (b) Galley ranges or deep fat fryers.
with extinguishing capacities smaller
(c) Each enclosed space containing
than what is required in table 149.409 of
internal combustion or gas turbine ma-
this subpart need not be replaced and
may be continued in service so long as chinery with an aggregate power of
they are maintained in good condition more than 1,000 B.H.P., and any associ-
to the satisfaction of the Officer in ated fuel oil units, purifiers, valves, or
Charge, Marine Inspection. manifolds.
(b) All new equipment and installa-
tions must meet the applicable require- for a fire detection and alarm sys-
ments in this subpart for new vessels. tem?
[USCG–2012–0196, 81 FR 48244, July 22, 2016] (a) All accommodation and service
spaces on a manned deepwater port,
for firemen’s outfits? and all spaces or systems on a manned
or unmanned deepwater port for proc-
(a) Each manned deepwater port with essing, storing, transferring, or
nine or more persons must have at regasifying liquefied natural gas, must
least two firemen’s outfits complying have an automatic fire detection and
with 46 CFR 108.497. alarm system that:
(b) The person in charge of safety (1) Either complies with 46 CFR
must ensure that:
108.405 or
(1) At least two people trained in the
(2) Is designed and installed in com-
use of firemen’s outfits are on the deep-
pliance with a national consensus
water port at all times;
standard, as that term is defined in 29
(2) Each fireman’s outfit and its
spare equipment are stowed together in CFR 1910.2, for fire detection and fire
a readily accessible container or lock- alarm systems, and that complies with
er. No more than one outfit must be standards set by a nationally recog-
stowed in the same container or locker. nized testing laboratory, as that term
The two containers or lockers must be is defined in 29 CFR 1910.7, for such sys-
located in separate areas to ensure tems or hardware.
that at least one is available at all (b) Sleeping quarters must be fitted
times in the event of a fire; and with smoke detectors that have local
(3) Firemen’s outfits are not used for alarms and that may or may not be
any purpose other than firefighting. connected to the central alarm panel.
(c) Each fire detection and fire alarm
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39179, system must have both a visual alarm
July 1, 2013] and an audible alarm at a normally
manned area.
§ 149.412 How many fire axes are need- (d) Each fire detection and fire alarm
ed? system must be divided into zones to
Each manned deepwater port must limit the area covered by a particular
have at least two fire axes as required alarm signal.
by 46 CFR 108.499.
186
§ 149.415 What are the requirements hydrants must be part of the fire main
for a fire main system on a manned system; and
deepwater port? (b) Portable fire extinguishers in the
(a) Each pumping platform complex quantity and location as required in
must have a fixed fire main system. Table 149.409 of this part.
The system must either:
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(1) Comply with 46 CFR 108.415
through 108.429 and 33 CFR 127.607 if it July 1, 2013]
is a natural gas deepwater port; or
(2) Comply with a national consensus § 149.418 What fire protection system
standard, as that term is defined in 29 must a helicopter fueling facility
CFR 1910.2, for such systems and hard- have?
ware, and comply with the standards
set by a nationally recognized testing In addition to the portable fire extin-
laboratory, as that term is defined in guishers required under Table 149.409 of
29 CFR 1910.7, for such systems and this part, each helicopter fueling facil-
hardware. ity must have a fire protection system
(b) If the fire main system meets the complying with 46 CFR 108.489.
requirements outlined in paragraph [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a)(2) of this section, it must provide, as amended by USCG–2013–0397, 78 FR 39179,
at a minimum, protection to: July 1, 2013]
(1) Accommodation spaces;
(2) Accommodation modules; § 149.419 Can the water supply for the
(3) Control spaces; and helicopter deck fire protection sys-
(4) Other areas frequented by deep- tem be part of a fire water system?
water port personnel. (a) The water supply for the heli-
(c) The hose system must be capable copter deck fire protection system re-
of reaching all parts of these spaces quired under § 149.420 or § 149.421 of this
without difficulty.
part may be part of:
(d) Under paragraph (a)(2) of this sec-
tion, the fire main system may be part (1) The fire water system, installed in
of a fire water system in accordance accordance with Bureau of Ocean En-
with 30 CFR 250.803. ergy Management regulations under 30
(e) A fire main system for a natural CFR 250.803; or
gas deepwater port must also comply (2) The fire main system under
with 33 CFR 127.607. § 149.415 of this part.
(b) If the water supply for the heli-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
copter deck fire protection system is
July 1, 2013] part of an independent accommodation
fire main system, the piping design and
§ 149.416 What are the requirements hardware must be compatible with the
for a dry chemical fire suppression system and must comply with the re-
system? quirements for fire mains in 46 CFR
Each natural gas deepwater port 108.415 through 108.429.
must be equipped with a dry chemical
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
system that meets the requirements of
§ 127.609 of this chapter. July 1, 2013]
§ 149.417 What firefighting equipment
must a helicopter landing deck on a § 149.420 What are the fire protection
manned deepwater port have? requirements for escape routes?
Each helicopter landing deck on a At least one escape route from an ac-
manned deepwater port must have the commodation space or module to a sur-
following: vival craft or other means of evacu-
(a) A fire hydrant and hose located ation must provide adequate protec-
near each stairway to the landing deck. tion. Separation of the escape route
If the landing deck has more than two from the cargo area by steel construc-
stairways, only two stairways need to tion, in accordance with 46 CFR 108.133,
have a fire hydrant and hose. The fire or equivalent protection is considered
187
§ 149.421 33 CFR Ch. I (7–1–20 Edition)
adequate protection for personnel es- (b) At least 180 days before the instal-
caping from fires and explosions. Addi- lation of any structure at the site of a
tional requirements for escape routes deepwater port, the licensee must sub-
are in subpart F of this part. mit an application for obstruction
lights and other private navigation
§ 149.421 What is the requirement for a
previously approved fire detection aids for the particular construction
and alarm system on a deepwater site.
port? (c) At least 180 days before beginning
An existing fire detection and alarm cargo transfer operations or changing
system on a deepwater port need not the mooring facilities at the deepwater
meet the requirements in this subpart port, the licensee must submit an ap-
until the system needs replacing, pro- plication for private aids to navigation.
vided it is periodically tested and [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
maintained in good operational condi- as amended by USCG–2013–0397, 78 FR 39179,
tion. July 1, 2013]
Subpart E—Aids to Navigation LIGHTS
GENERAL § 149.520 What kind of lights are re-

quired?
All deepwater ports must meet the
This subpart provides requirements general requirements for obstruction
for aids to navigation on deepwater lights in part 67 of this chapter.
ports.
LIGHTS ON PLATFORMS
§ 149.505 What are the general require-
ments for aids to navigation? § 149.535 What are the requirements
The following requirements apply to for rotating beacons on platforms?
navigation aids under this subpart: In addition to obstruction lights, the
(a) Section 66.01–5 of this chapter, on
tallest platform of a deepwater port
application to establish, maintain, dis-
must have a lit rotating beacon that
continue, change, or transfer owner-
distinguishes the deepwater port from
ship of an aid, except as under § 149.510
of this part; other surrounding offshore structures.
(b) Section 66.01–25(a) and (c) of this The beacon must:
chapter, on discontinuing or removing (a) Have an effective intensity of at
an aid. For the purposes of § 66.01–25(a) least 15,000 candela;
and (c) of this chapter, navigation aids (b) Flash at least once every 20 sec-
at a deepwater port are considered onds;
Class I aids under § 66.01–15 of this (c) Provide a white light signal;
chapter; (d) Operate in wind speeds of up to
(c) Section 66.01–50 of this chapter, on 100 knots at a rotation rate that is
protection of an aid from interference within 6 percent of the operating speed
and obstruction; and displayed on the beacon;
(d) Section 66.01–55 of this chapter, on (e) Have one or more leveling indica-
transfer of ownership of an aid. tors permanently attached to the light,
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, each with an accuracy of ±0.25 ° or bet-
as amended by USCG–2013–0397, 78 FR 39179, ter; and
July 1, 2013] (f) Be located:
§ 149.510 How do I get permission to (1) At least 60 feet (about 18.3 meters)
establish an aid to navigation? above mean high water;
(2) Where the structure of the plat-
(a) To establish a navigation aid on a
deepwater port, the licensee must sub- form, or equipment mounted on the
mit an application under § 66.01–5 of platform, does not obstruct the light in
this chapter, except that the applica- any direction; and

tion must be sent to the Commandant (3) So that it is visible all around the
(CG–5P). horizon.
188
LIGHTS ON SINGLE POINT MOORINGS same height above the water as the
flashing yellow light.
for obstruction lights on a single LIGHTS ON BUOYS USED TO DEFINE
point mooring? TRAFFIC LANES
(a) The lights for a single point moor-
ing must meet the requirements for ob- § 149.560 How must buoys used to de-
struction lights in part 67 of this chap- fine traffic lanes be marked and
ter, except that the lights must be lo- lighted?
cated at least 10 feet (3 meters) above (a) Each buoy that is used to define
mean high water. the lateral boundaries of a traffic lane
(b) A submerged turret loading (STL) at a deepwater port must meet § 62.25 of
deepwater port is not required to meet this chapter.
the requirements for obstruction (b) The buoy must have an omni-di-
lights, provided it maintains at least a rectional light located at least 8 feet
five-foot (1.5 meters) clearance beneath above the water.
the net under keel clearance at the (c) The buoy light must be located so
mean low water condition for all ves- that the structure of the buoy, or any
sels transiting the area. other device mounted on the buoy, does
(c) An STL deepwater port that uti- not obstruct the light in any direction.
lizes a marker buoy must be lighted in
accordance with paragraph (a) of this § 149.565 What are the required char-
section. acteristics and intensity of lights on
buoys used to define traffic lanes?
LIGHTS ON FLOATING HOSE STRINGS
(a) The buoy’s light color that de-
§ 149.550 What are the requirements fines the lateral boundaries of a traffic
for lights on a floating hose string? lane must comply with the buoy color
schemes in § 62.25 of this chapter.
Hose strings that are floating or sup-
ported on trestles must display the fol- (b) The buoy light may be fixed or
lowing lights at night and during peri- flashing. If it is flashing, it must flash
ods of restricted visibility: at intervals of not more than 6 seconds.
(a) One row of yellow lights that (c) Buoy lights must have an effec-
must be: tive intensity of at least 25 candela.
(1) Flashing 50 to 70 times per
MISCELLANEOUS
minute;
(2) Visible all around the horizon; § 149.570 How is a platform, single
(3) Visible for at least 2 miles (3.7 point mooring, or submerged turret
km) on a clear, dark night; loading identified?
(4) Not less than 1 or more than 3.5
(a) Each platform, single point moor-
meters (3 to 11.5 feet) above the water;
ing, or submerged turret loading (STL)
(5) Approximately equally spaced;
that protrudes above the water or is
(6) Not more than 10 meters (32.8 feet)
marked by a buoy must display the
apart where the hose string crosses a
name of the deepwater port and the
navigable channel; and
name or number identifying the struc-
(7) Where the hose string does not
ture, so that the information is visible:
cross a navigable channel, there must
be a sufficient number to clearly show (1) From the water at all angles of
the hose string’s length and course. approach to the structure; and
(b) Two red lights at each end of the (2) From aircraft on approach to the
hose string, including the ends in a structure if the structure is equipped
channel where the hose string is sepa- with a helicopter pad.
rated to allow vessels to pass, whether (b) The information required in para-
open or closed. The lights must be: graph (a) of this section must be dis-
(1) Visible all around the horizon; played in numbers and letters that are:
(2) Visible for at least 2 miles (3.7 (1) At least 12 inches high;
km) on a clear, dark night; and (2) In vertical block style; and
(3) One meter (3 feet) apart in a (3) Displayed against a contrasting
vertical line with the lower light at the background.
189
§ 149.575 33 CFR Ch. I (7–1–20 Edition)
(c) If an STL protrudes from the (5) If of the frequency agile type, be
water, it must be properly illuminated programmed so that it will respond at
in accordance with § 149.540 of this part. least 40 percent of the time, but not
more than 90 percent of the time, with
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39179, a response-time duration of at least 24
July 1, 2013] seconds; and
(6) Be located at a minimum height
§ 149.575 How must objects protruding of 15 feet above the highest deck of the
from the water, other than plat- platform and where the structure of
forms and single point moorings, be the platform, or equipment mounted on
marked? the platform, does not obstruct the sig-
(a) Each object protruding from the nal propagation in any direction.
water that is within 100 yards of a plat-
form or single point mooring (SPM) § 149.585 What are the requirements
must be marked with white reflective for sound signals?
tape. (a) Each pumping platform complex
(b) Each object protruding from the must have a sound signal, approved
water that is more than 100 yards from under subpart 67.10 of this chapter,
a platform or SPM must meet the ob- that has a 2-mile (3-kilometer) range. A
struction lighting requirements in this list of Coast Guard-approved sound sig-
subpart for a platform. nals is available from any District
Commander.
§ 149.580 What are the requirements (b) Each sound signal must be:
for a radar beacon? (1) Located at least 10 feet, but not
(a) A radar beacon (RACON) must be more than 150 feet, above mean high
located on the tallest platform of a water; and
pumping platform complex or other (2) Located where the structure of
fixed structure of the deepwater port. the platform, or equipment mounted on
(b) The RACON must be an FCC-ac- it, does not obstruct the sound of the
cepted RACON or a similar type. signal in any direction.
(c) The RACON must transmit:
(1) In both 2900–3100 MHz and 9300– Subpart F—Design and Equipment
9500 MHz frequency bands; or
(2) If installed before July 8, 1991, in GENERAL
the 9320–9500 MHz frequency band; and
(3) Transmit a signal of at least 250 § 149.600 What does this subpart do?
milliwatts radiated power that is omni- This subpart provides general re-
directional and polarized in the hori- quirements for equipment and design
zontal plane; on deepwater ports.
(4) Transmit a two-element or more
Morse code character, the length of § 149.610 What must the District Com-
which does not exceed 25 percent of the mander be notified of and when?
radar range expected to be used by ves- The District Commander must be no-
sels operating in the area; tified of the following:
When— The District Commander must be notified—
(a) Construction of a pipeline, platform, or single point mooring At least 30 days before construction begins.
(SPM) is planned.
(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 plat- Within 24 hours of replacement.
form, buoy, or SPM are replaced by permanent fixtures to
meet the requirements of this part.
(e) The first cargo transfer operation begins .............................. At least 60 days before the operation.
190
§ 149.615 What construction drawings § 149.625 What are the design stand-
and specifications are required? ards?
(a) To show compliance with the Act (a) Each component, except for those
and this subchapter, the licensee must specifically addressed elsewhere in this
submit to the Commandant (CG–5P) or subpart, must be designed to withstand
accepted Certifying Entity (CE) at at least the combined wind, wave, and
least three copies of: current forces of the most severe storm
(1) Each construction drawing and that can be expected to occur at the
specification; and deepwater port in any 100-year period.
(2) Each revision to a drawing and Component design must meet a recog-
specification. nized industry standard and be appro-
(b) Each drawing, specification, and priate for the protection of human life
revision under paragraph (a) of this from death or serious injury, both on
section must bear the seal, or a fac- the deepwater port and on vessels call-
simile imprint of the seal, of the reg- ing on or servicing the deepwater port,
istered professional engineer respon- and for the protection of the environ-
sible for the accuracy and adequacy of ment.
the material. (b) The applicant or licensee will be
(c) Each drawing must identify the required to submit to the Commandant
baseline design standard used as the (CG–5P) a design basis for approval
basis for design. containing all proposed standards to be
used in the fabrication and construc-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39180, tion of deepwater port components.
July 1, 2013] (c) Heliports on floating deepwater
ports must be designed in compliance
§ 149.620 What happens when the with the regulations at 46 CFR part 108.
Commandant (CG–5P) reviews and
evaluates the construction draw- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ings and specifications? as amended by USCG–2013–0397, 78 FR 39180,
July 1, 2013]
(a) The Commandant (CG–5P) may
concurrently review and evaluate con- STRUCTURAL FIRE PROTECTION
struction drawings and specifications
with the Marine Safety Center and § 149.640 What are the requirements
other Federal agencies having tech- for fire protection systems?
nical expertise, such as the Pipeline Manned deepwater ports built after
and Hazardous Materials Safety Ad- January 1, 2004, and manned deepwater
ministration and the Federal Energy ports that undergo major conversions,
Regulatory Commission, in order to en- must comply with the requirements for
sure compliance with the Act and this structural fire protection outlined in
subchapter. this part.
(b) Construction may not begin until
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
the drawings and specifications are ap-
proved by the Commandant (CG–5P). July 1, 2013]
(c) Once construction begins, the
Coast Guard periodically inspects the § 149.641 What are the structural fire
construction site to ensure that the protection requirements for accom-
construction complies with the draw- modation spaces and modules?
ings and specifications approved under (a) Accommodation spaces and mod-
paragraph (b) of this section. ules must be designed, located, and
(d) When construction is complete, constructed so as to minimize the ef-
the licensee must submit two complete fects of flame, excess heat, or blast ef-
sets of as-built drawings and specifica- fects caused by fires and explosions;
tions to the Commandant (CG–5P). and to provide safe refuge from fires
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, and explosions for personnel for the
as amended by USCG–2013–0397, 78 FR 39180, minimum time needed to evacuate the
July 1, 2013] space.
191
§ 149.650 33 CFR Ch. I (7–1–20 Edition)
(b) The requirement in paragraph (a) SINGLE POINT MOORINGS

of this section may be met by com-
plying with 46 CFR 108.131 through § 149.650 What are the requirements
108.147, provided that: for single point moorings and their
attached hoses?
(1) The exterior boundaries of super-
structures and deckhouses enclosing Each single point mooring and its at-
these spaces and modules, including tached hose must be designed for the
any overhanging deck that supports protection of the environment and for
these spaces and modules, are con- durability under combined wind, wave,
structed to the A–60 standard defined and current forces of the most severe
in 46 CFR 108.131(b)(2) for any portion storm that can be expected to occur at
that faces and is within 100 feet of the the port in any 100-year period. The ap-
hydrocarbon source; and propriateness of a design may be shown
(2) The ventilation system has both a by its compliance with standards gen-
means of shutting down the system and erally used within the offshore indus-
an alarm at a manned location that try that are at least equivalent, in pro-
sounds when any hazardous or toxic tecting the environment, to the stand-
substance enters the system. ards in use on January 1, 2003, by any
(c) As an alternative to paragraph (b) recognized classification society as de-
of this section, the requirement in fined in 46 CFR 8.100.
paragraph (a) of this section may be HELICOPTER FUELING FACILITIES
met by complying with a national con-
sensus standard, as that term is de- § 149.655 What are the requirements
fined in 29 CFR 1910.2, for the struc- for helicopter fueling facilities?
tural fire protection of accommodation
Helicopter fueling facilities must
spaces and modules, and that complies
comply with 46 CFR 108.489 or an equiv-
with the standards set by a nationally
alent standard.
recognized testing laboratory, as that
term is defined by 29 CFR 1910.7, for EMERGENCY POWER
such protection, provided that:
(1) All such spaces and modules on § 149.660 What are the requirements
deepwater manned ports are provided for emergency power?
with automatic fire detection and (a) Each pumping platform complex
alarm systems. The alarm system must must have emergency power equipment
signal a normally manned area both including a power source, associated
visually and audibly, and be divided transforming equipment, and a switch-
into zones to limit the area covered by board to provide power to simulta-
a particular alarm signal; neously operate all of the following for
(2) Sleeping quarters are fitted with a continuous period of 18 hours:
smoke detectors that have local alarms (1) Emergency lighting circuits;
that may or may not be connected with (2) Aids to navigation equipment;
the central alarm panel; and (3) Communications equipment;
(3) Independent fire walls are con- (4) Radar equipment;
structed and installed so as to be of (5) Alarm systems;
size and orientation sufficient to pro- (6) Electrically operated fire pumps;
tect the exterior surfaces of the spaces and
or modules from extreme radiant heat (7) Other electrical equipment identi-
flux levels, and provide the A–60 stand- fied as emergency equipment in the op-
ard defined in 46 CFR 108.131(b)(2). erations manual for the deepwater
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, port.
as amended by USCG–2013–0397, 78 FR 39180, (b) The equipment required by para-
July 1, 2013] graph (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
192
power (i.e., no oil or natural gas trans- MEDICAL TREATMENT ROOMS

fer pumping equipment) in accordance
with 46 CFR 112.05. § 149.680 What are the requirements
for medical treatment rooms?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, Each deepwater port with sleeping
as amended by USCG–2013–0397, 78 FR 39180, spaces for 12 or more persons, including
July 1, 2013]
persons in accommodation modules,
must have a medical treatment room
GENERAL ALARM SYSTEM
that has—
§ 149.665 What are the requirements (a) A sign at the entrance desig-
for a general alarm system? nating it as a medical treatment room;
(b) An entrance that is wide enough
Each pumping platform complex and arranged to readily admit a person
must have a general alarm system on a stretcher;
that: (c) A single berth or examination
(a) Is capable of being manually acti- table that is accessible from both sides;
vated by using alarm boxes; and
(b) Is audible in all parts of the (d) A washbasin located in the room.
pumping platform complex, except in [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
areas of high ambient noise levels as amended by USCG–2013–0397, 78 FR 39180,
where hearing protection is required July 1, 2013]
under § 150.613 of this chapter; and
§ 149.685 May a medical treatment
(c) Has a high intensity flashing light room be used for other purposes?
in areas where hearing protection is
used. A medical treatment room may be
used as a sleeping space if the room
§ 149.670 What are the requirements meets the requirements of this subpart
for marking a general alarm sys- for both medical treatment rooms and
tem? sleeping spaces. It may also be used as
an office. However, when used for med-
Each of the following must be ical purposes, the room may not be
marked with the words ‘‘General used as a sleeping space or office.
Alarm’’ in yellow letters at least 1 inch
high on a red background: MISCELLANEOUS
(a) Each general alarm box; and
(b) Each audio or visual device de- § 149.690 What are the requirements
for means of escape, personnel
scribed under § 149.665 of this part for landings, guardrails, similar de-
signaling the general alarm. vices, and for noise limits?
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, Each deepwater port must comply
as amended by USCG–2013–0397, 78 FR 39180, with the requirements for means of es-
July 1, 2013] cape, personnel landings, guardrails
and similar devices, and noise limits as
PUBLIC ADDRESS SYSTEM outlined in §§ 149.691 through 149.699 of
this part.
for the public address system? [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(a) For a manned deepwater port, July 1, 2013]
each pumping platform complex must
have a public address system operable MEANS OF ESCAPE
from two locations on the complex.
§ 149.691 What means of escape are re-
(b) For an unmanned deepwater port, quired?
the vessel master must provide a work-
(a) Each deepwater port must have
ing public address system on a vessel
both primary and secondary means of
while it is moored or otherwise con-
escape. Each of these means must ei-
nected to the deepwater port. ther:
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, (1) Comply with 46 CFR 108.151; or
as amended by USCG–2013–0397, 78 FR 39180, (2) Be designed and installed in com-
July 1, 2013] pliance with a national consensus
193
§ 149.692 33 CFR Ch. I (7–1–20 Edition)
standard, as that term is defined in 29 temporarily occupied by 10 persons or

CFR 1910.2, for use in evacuating the more.
deepwater port. (f) Structural appendages to an un-
(b) A primary means of escape con- manned deepwater port do not require
sists of a fixed stairway or a fixed lad- a primary or a secondary means of es-
der, constructed of steel. cape, unless the Sector Commander, or
(c) A secondary means of escape con- MSU Commander with COTP and OCMI
sists of either: authority determines that one or more
(1) A fixed stairway or a fixed ladder, are necessary.
constructed of steel; or (g) Each means of escape must extend
(2) A marine evacuation system, a from the deepwater port’s uppermost
portable flexible ladder, a knotted working level to each successively
manrope, or a similar device deter- lower working level, and so on to the
mined by the Sector Commander, or water surface.
MSU Commander with COTP and OCMI
authority to provide an equivalent or [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
better means of escape. as amended by USCG–2013–0397, 78 FR 39180,
July 1, 2013]
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39180, PERSONNEL LANDINGS
July 1, 2013]
§ 149.692 Where must they be located? for personnel landings on manned
(a) Each means of escape must be deepwater ports?
easily accessible to personnel for rap- (a) On manned deepwater ports, suffi-
idly evacuating the deepwater port. cient personnel landings must be pro-
(b) When two or more means of es- vided to assure safe access and egress.
cape are installed, at least two must be
(b) The personnel landings must be
located as nearly diagonally opposite
provided with satisfactory illumina-
each other as practicable.
tion. The minimum is 1 foot candle of
(c) When the floor area of any of the
artificial illumination as measured at
following spaces contains 300 square
the landing floor and guards and rails.
feet or more, the space must have at
least two exits as widely separated GUARDRAILS AND SIMILAR DEVICES
from each other as possible:
(1) Each accommodation space; and § 149.694 What are the requirements
(2) Each space that is used on a reg- for catwalks, floors, and openings?
ular basis, such as a control room, ma-
chinery room, storeroom, or other (a) The configuration and installa-
space where personnel could be trapped tion of catwalks, floors, and openings
in an emergency. must comply with § 143.110 of this chap-
(d) On a manned deepwater port, each ter.
structural appendage that is not occu- (b) This section does not apply to
pied continuously, and that does not catwalks, floors, deck areas, or open-
contain living quarters, workshops, of- ings in areas not normally occupied by
fices, or other manned spaces must personnel or on helicopter landing
have at least one primary means of es- decks.
cape. The Sector Commander, or MSU
Commander with COTP and OCMI au- for stairways?
thority may also determine that one or
more secondary means of escape is re- Stairways must have at least two
quired. courses of rails. The top course must
(e) When personnel are on an un- serve as a handrail and be at least 34
manned deepwater port, the deepwater inches above the tread.
port must have, in addition to the one
primary means of escape, either: § 149.696 What are the requirements
(1) Another primary means of escape; for a helicopter landing deck safety
net?
or
(2) One or more secondary means of A helicopter landing deck safety net
escape in any work space that may be must comply with 46 CFR 108.235.
194
NOISE LIMITS PART 150—DEEPWATER PORTS:

OPERATIONS
for a noise level survey?
Subpart A—General
(a) A survey to determine the max-
imum noise level during normal oper- Sec.
150.1 What does this part do?
ations must be conducted in each ac- 150.5 Definitions.
commodation space, working space, or 150.10 What are the general requirements
other space routinely used by per- for operations manuals?
sonnel. The recognized methodology 150.15 What must the operations manual in-
used to conduct the survey must be clude?
specified in the survey results. Survey 150.20 How many copies of the operations
manual must be given to the Coast
results must be kept on the deepwater
Guard?
port or, for an unmanned deepwater 150.25 Amending the operations manual.
port, in the owner’s principal office. 150.30 Proposing an amendment to the oper-
(b) The noise level must be measured ations manual.
over 12 hours to derive a time weighted 150.35 How may an adjacent coastal state
average (TWA) using a sound level request an amendment to the deepwater
port operations manual?
meter and an A-weighted filter or
150.40 Deviating from the operations man-
equivalent device. ual.
(c) If the noise level throughout a 150.45 Emergency deviation from this sub-
space is determined to exceed 85 db(A), chapter or the operations manual.
based on the measurement criteria in 150.50 What are the requirements for a facil-
paragraph (b) of this section, then ity spill response plan?
signs must be posted with the legend: Subpart B—Inspections
‘‘Noise Hazard—Hearing Protectors Re-
quired.’’ Signs must be posted at eye 150.100 What are the requirements for in-
level at each entrance to the space. specting deepwater ports?
150.105 What are the requirements for an-
(d) If the noise level exceeds 85 db(A) nual self-inspection?
only in a portion of a space, then the 150.110 What are the notification require-
sign described in paragraph (c) of this ments upon receipt of classification soci-
section must be posted within that por- ety certifications?
tion where visible from each direction
of access. Subpart C—Personnel
(e) Working spaces and other areas 150.200 Who must ensure that deepwater
routinely used by personnel, other than port personnel are qualified?
accommodation spaces, must be de- 150.205 What are the language requirements
signed to limit the noise level in those for deepwater port personnel?
150.210 What are the restrictions on serving
areas so that personnel wearing hear- in more than one position?
ing protectors may hear warning and 150.225 What training and instruction are
emergency alarms. If this is not prac- required?
ticable and warning and emergency
alarms cannot be heard, visual alarms Subpart D—Vessel Navigation
in addition to the audible alarms must 150.300 What does this subpart do?
be installed. 150.305 How does this subpart apply to un-
manned deepwater ports?
PORTABLE LIGHTS 150.310 When is radar surveillance required?
150.320 What advisories are given to tank-
§ 149.700 What kind of portable lights ers?
may be used on a deepwater port? 150.325 What is the first notice required be-
fore a tanker enters the safety zone or
Each portable light and its supply area to be avoided?
cord on a deepwater port must be de- 150.330 What is the second notice required
signed for the environment where it is before a tanker enters the safety zone or
used. area to be avoided?

150.340 What are the rules of navigation for
tankers in the safety zone or area to be
avoided?
195
150.345 How are support vessels cleared to 150.508 What are the maintenance and re-
move within the safety zone or area to be pair requirements for inflatable rescue
avoided? boats?
150.350 What are the rules of navigation for
support vessels in the safety zone or area OPERATIONAL TESTS AND INSPECTIONS
to be avoided? (GENERAL)
150.355 How are other vessels cleared to 150.509 How must emergency equipment be
move within the safety zone? tested and inspected?
150.380 Under what circumstances may ves- 150.510 How must tested emergency equip-
sels operate within the safety zone or ment be operated?
area to be avoided? 150.511 What are the operational testing re-
150.385 What is required in an emergency? quirements for lifeboat and rescue boat
release gear?
Subpart E—Cargo Transfer Operations
FREQUENCY OF TESTS AND INSPECTIONS
150.512 What occurs during the weekly tests
150.405 How must a cargo transfer system be and inspections?
tested and inspected? 150.513 What occurs during the monthly
150.420 What actions must be taken when tests and inspections?
cargo transfer equipment is defective? 150.514 What are the annual tests and in-
150.425 What are the requirements for trans- spections?
ferring cargo?
150.430 What are the requirements for a dec- WEIGHT TESTING
laration of inspection?
150.435 When are cargo transfers not al-
weight testing of newly installed or relo-
lowed?
cated craft?
150.440 How may the Sector Commander, or
150.516 What are the periodic requirements
MSU Commander, with COTP and OCMI
for weight testing?
authority order suspension of cargo
150.517 How are weight tests supervised?
transfers?
150.445 When is oil in a single point moor- PERSONAL SAFETY GEAR
ing-oil transfer system (SPM-OTS) dis-
placed with water? 150.518 What are the inspection require-
ments for work vests and immersion
Subpart F—Emergency and Specialty suits?
Equipment EMERGENCY LIGHTING AND POWER SYSTEMS
150.500 What does this subpart do? 150.519 What are the requirements for emer-
gency lighting and power systems?
MAINTENANCE AND REPAIR
FIRE EXTINGUISHING EQUIPMENT
150.501 How must emergency equipment be
maintained and repaired? 150.520 When must fire extinguishing equip-
ment be tested and inspected?
LIFESAVING EQUIPMENT (GENERAL) 150.521 What records are required?
150.502 What are the maintenance and re- MISCELLANEOUS OPERATIONS
pair requirements for lifesaving equip-
ment? 150.530 What may the fire main system be
used for?
LAUNCHING APPLIANCES 150.531 How many fire pumps must be kept
ready for use at all times?
150.503 What are the time interval require-
150.532 What are the requirements for con-
ments for maintenance on survival craft
nection and stowage of fire hoses?
falls?
150.540 What are the restrictions on fueling
150.504 When must the operator service and aircraft?
examine lifeboat and rescue boat launch- 150.550 What are the requirements for the
ing appliances? muster list?
150.505 When must the operator service and 150.555 How must cranes be maintained?
examine lifeboat and rescue boat release
gear? Subpart G—Workplace Safety and Health
INFLATABLE LIFESAVING APPLIANCES 150.600 What does this subpart do?
150.506 When must the operator service in-
SAFETY AND HEALTH (GENERAL)
flatable lifesaving appliances and marine

evacuation systems? 150.601 What are the safety and health re-
150.507 How must the operator service in- quirements for the workplace on a deep-
flatable lifesaving appliances? water port?
196
150.602 What occupational awareness train- SLINGS
ing is required?
150.603 What emergency response training is
slings?
required?
150.604 Who controls access to medical mon- WARNING SIGNS
itoring and exposure records?
150.605 What are the procedures for report- 150.622 What are the warning sign require-
ing a possible workplace safety or health ments?
violation at a deepwater port?
CONFINED SPACE SAFETY
150.606 After learning of a possible viola-
tion, what does the Sector Commander, 150.623 What are the requirements for pro-
or the MSU Commander, with COTP and tecting personnel from hazards associ-
OCMI authority do? ated with confined spaces?
GENERAL WORKPLACE CONDITIONS BLOOD-BORNE PATHOGENS
150.607 What are the general safe working 150.624 What are the requirements for pro-
requirements? tecting personnel from blood-borne
pathogens?
PERSONAL PROTECTIVE EQUIPMENT
150.608 Who is responsible for ensuring that HAZARD COMMUNICATION PROGRAM
the personnel use or wear protective 150.625 What must the hazard communica-
equipment and are trained in its use? tion program contain?
150.626 What is the hazard communication
EYES AND FACE program used for?
150.609 When is eye and face protection re- 150.627 Must material safety data sheets be
quired? available to all personnel?
150.610 Where must eyewash equipment be 150.628 How must the operator label, tag,
located? and mark a container of hazardous mate-
rial?
HEAD
150.611 What head protection is required? Subpart H—Aids to Navigation
FEET 150.700 What does this subpart do?

150.705 What are the requirements for main-
150.612 What footwear is required? taining and inspecting aids to naviga-
tion?
NOISE AND HEARING PROTECTION
150.710 What are the requirements for sup-
150.613 What are the requirements for a plying power to aids to navigation?
noise monitoring and hearing protection 150.715 What are the requirements for lights
survey? used as aids to navigation?
150.720 What are the requirements for sound
CLOTHING signals?
150.614 When is protective clothing re-
quired? Subpart I—Reports and Records
ELECTRICAL 150.800 What does this subpart do?
150.615 What safe practices are required? REPORTS
LOCKOUT/TAGOUT 150.805 What reports must be sent both to a
classification society and to the Coast
150.616 What are the requirements for lock- Guard?
out? 150.810 Reporting a problem with an aid to
150.617 What are the requirements for navigation.
tagout? 150.812 What is the purpose of reporting cas-
RESPIRATORY PROTECTION ualties on deepwater ports?
150.815 How must casualties be reported?
150.618 What are the requirements for res- 150.820 When must a written report of cas-
piratory protection? ualty be submitted, and what must it
contain?
FALL ARREST
150.825 Reporting a diving-related casualty.
150.619 What are the fall arrest system re- 150.830 Reporting a pollution incident.
quirements? 150.835 Reporting sabotage or subversive ac-
tivity.
MACHINE GUARDS
RECORDS
150.620 What are the requirements for pro-
tecting personnel from machinery? 150.840 What records must be kept?
197
§ 150.1 33 CFR Ch. I (7–1–20 Edition)
150.845 Personnel records. OCMI authority, as meeting the re-
150.850 How long must a declaration of in- quirements of the Act and this sub-
spection form be kept? chapter. The original manual is ap-
Subpart J—Safety Zones, No Anchoring proved as part of the application proc-
Areas, and Areas to Be Avoided ess in part 148 of this chapter.
(c) The Sector Commander, or MSU
150.900 What does this subpart do? Commander, with COTP and OCMI au-
150.905 Why are safety zones, no anchoring thority may approve subsequent
areas, and areas to be avoided estab- changes to the operations manual, pro-
lished?
150.910 What installations, structures, or vided the Commandant (CG–5P) is noti-
activities are prohibited in a safety zone? fied and consulted regarding any sig-
150.915 How are safety zones, no anchoring nificant modifications.
areas, and areas to be avoided estab- (d) The manual must be readily avail-
lished and modified? able on the deepwater port for use by
150.920 How can I find notice of new or pro- personnel.
posed safety zones?
150.925 How long may a safety zone, no an- (e) The licensee must ensure that all
choring area, or area to be avoided re- personnel are trained and follow the
main in place? procedures in the manual while at the
150.930 What datum is used for the geo- deepwater port.
graphic coordinates in this subpart?
150.940 Safety zones for specific deepwater [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ports. as amended by USCG–2013–0397, 78 FR 39180,
July 1, 2013]
AUTHORITY: 33 U.S.C. 1231, 1321(j)(1)(C),
(j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O. § 150.15 What must the operations
12777, sec. 2; E.O. 13286, sec. 34, 68 FR 10619; manual include?
Department of Homeland Security Delega-
tion No. 0170.1(70), (73), (75), (80). The operations manual required by
SOURCE: USCG–1998–3884, 71 FR 57651, Sept. § 150.10 of this part must identify the
29, 2006, unless otherwise noted. deepwater port and include the infor-
mation required in this section.
EDITORIAL NOTE: Nomenclature changes to
part 150 appear by USCG–2010–0351, 75 FR (a) General information. A description
36284, June 25, 2010. of the geographic location of the deep-
water port.
Subpart A—General (b) A physical description of the
deepwater port.
§ 150.1 What does this part do? (c) Engineering and construction in-
This part provides requirements for formation, including all defined codes
the operation of deepwater ports. and standards used for the deepwater
port structure and systems. The oper-
§ 150.5 Definitions. ator must include schematics of all ap-
plicable systems. Schematics must
See § 148.5 of this chapter for the defi-
nition of certain terms used in this show the location of valves, gauges,
part. system working pressure, relief set-
tings, monitoring systems, and other
§ 150.10 What are the general require- pertinent information.
ments for operations manuals? (d) Communications system. A descrip-
(a) Each deepwater port must have tion of a comprehensive communica-
an operations manual that addresses tions plan, including:
policies and procedures for normal and (1) Dedicated frequencies;
emergency operations conducted at the (2) Communication alerts and notices
deepwater port. The operations manual between the deepwater port and arriv-
must, at a minimum, include the re- ing and departing vessels; and
quirements outlined in § 150.15 of this (3) Mandatory time intervals or com-
part. munication schedules for maintaining
(b) The operations manual is re- a live radio watch, and monitoring fre-
viewed and approved by the Com- quencies for communication with ves-
mandant (CG–5P), who may consult sels and aircraft.

with the local Sector Commander, or (e) Facility plan. A layout plan for the
MSU Commander, with COTP and mooring areas, navigation aids, cargo
198
transfer locations, and control sta- and aircraft during emergency and rou-
tions. tine conditions.
(f) The hours of operation. (7) Weather limits for tankers, in-
(g) The size, type, number, and simul- cluding a detailed description of how to
taneous operations of tankers that the forecast the wind, wave, and current
deepwater port can handle. conditions for:
(h) Calculations, with supporting (i) Shutdown of cargo transfer oper-
data or other documentation, to show ations;
that the charted water depth at each (ii) Departure of the tanker from the
proposed mooring location is sufficient mooring;
to provide at least a net under keel (iii) Prohibition on mooring at the
clearance of 5 feet, at the mean low deepwater port or SPM; and
water condition. (iv) Shutdown of all deepwater port
(i) Tanker navigation procedures. The operations and evacuation of the deep-
procedures for tanker navigation, in- water port.
cluding the information required in (8) Any special illumination require-
paragraphs (i)(1) through (i)(9) of this ments for vessel arrival, discharge, and
section. departure operations.
(1) The operating limits, maneu- (9) Any special watchstanding re-
vering capability, draft, net under keel quirements for vessel transiting, moor-
clearance, tonnage, length, and breadth ing, or anchoring.
of the tanker that will be accommo- (j) Personnel. The duties, title, quali-
dated at each designated mooring. fications, and training of all deepwater
(2) The speed limits proposed for port personnel responsible for man-
tankers in the safety zone and area to aging and carrying out the following
be avoided around the deepwater port. deepwater port activities and func-
tions:
(3) Any special navigation or commu-
(1) Vessel traffic management;
nication equipment that may be re-
(2) Cargo transfer operations;
quired for operating in the safety zone
(3) Safety and fire protection;
and area to be avoided.
(4) Maintenance and repair oper-
(4) The measures for routing vessels,
ations;
including a description of the radar
(5) Emergency procedures; and
navigation system to be used in oper-
(6) Deepwater port security.
ation of the deepwater port:
(k) The personnel assigned to super-
(i) Type of radar; visory positions must be designated, in
(ii) Characteristics of the radar; writing, by the licensee and have the
(iii) Antenna location; appropriate experience and training to
(iv) Procedures for surveillance of satisfactorily perform their duties. The
vessels approaching, departing, navi- Commandant (CG–5P) will review and
gating, and transiting the safety zone approve the qualifications for all pro-
and area to be avoided; posed supervisory positions.
(v) Advisories to each tanker under- (l) Cargo transfer procedures. The pro-
way in the safety zone regarding the cedures for cargo transfer must comply
vessel’s position, deepwater port condi- with the applicable requirements of
tions, and status of adjacent vessel parts 154 and 156 for oil, and subpart B
traffic; (Operations) to part 127 for natural gas,
(vi) Notices that must be made, as respectively, of this chapter, including
outlined in § 150.325 of this part, by the the requirements specified in para-
tanker master regarding the vessel’s graphs (l)(1) through (l)(10) of this sec-
characteristics and status; and tion.
(vii) Rules for navigating, mooring, (1) The requirements for oil transfers
and anchoring in a safety zone, area to in accordance with subpart A to part
be avoided, and anchorage area. 156 of this chapter regarding:
(5) Any mooring equipment needed to (i) Pre-transfer conference;
make up to the single point mooring (ii) Inspection of transfer site and
(SPM). equipment such as hoses, connectors,

(6) The procedures for clearing tank- closure devices, monitoring devices,
ers, support vessels, and other vessels and containment;
199
§ 150.15 33 CFR Ch. I (7–1–20 Edition)
(iii) Connecting and disconnecting (10) A description of the method used

transfer equipment, including a float- to water and de-water the single point
ing hose string for a single point moor- mooring hoses when required.
ing (SPM); (m) Unusual arrangements that may
(iv) Preparation of the Declaration of be applicable, including:
Inspection; and (1) A list and description of any ex-
(v) Supervision by a person in charge. traordinary equipment or assistance
(2) The requirements for natural gas available to vessels with inadequate
transfers in accordance with subpart B pumping capacity, small cargoes, small
to part 127 of this chapter regarding: diameter piping, or inadequate crane
(i) Pre-transfer conference; capacity; and
(ii) Inspection of transfer site and (2) A description of special storage or
equipment such as hoses, connectors, delivery arrangements for unusual car-
closure devices, leak monitoring de- goes; for example, cool-down require-
vices, and containment; ments for transfer system components
(iii) Connecting and disconnecting of prior to transfer of liquefied natural
transfer equipment, including to a gas.
floating hose string for a SPM; (n) Maintenance procedures. A mainte-
(iv) Line purging to test for leaks and nance program to document service
to prepare for cool-down or heat-up and repair of key equipment such as:
phases as appropriate; (1) Cargo transfer equipment;
(v) Preparation of the Declaration of (2) Firefighting and fire protection
Inspection; and equipment;
(vi) Supervision by a deepwater port (3) Facility support services, such as
person in charge. generators, evaporators, etc.;
(3) The shipping name of, and Mate- (4) Safety equipment; and
rial Safety Data Sheet on, any product (5) Cranes.
transferred. (o) A waste management plan com-
(4) The duties, title, qualifications, parable to § 151.57 of this chapter.
and training of personnel of the deep- (p) Occupational health and safety
water port designated as the person in training procedures. Policy and proce-
charge and responsible for managing dures to address occupational health
cargo transfers, including ballasting and safety requirements outlined in
operations if applicable to the deep- §§ 150.600 to 150.632 of this part, includ-
water port, in accordance with subpart ing:
D of part 154 for oil, and subpart B (Op- (1) Employee training in safety and
erations) of part 127 for natural gas, re- hazard awareness, and proper use of
spectively, of this chapter. personnel protective equipment;
(5) Minimum requirements for watch (2) Physical safety measures in the
personnel on board the vessel during workplace, such as housekeeping and
transfer operations, such as personnel illumination of walking and working
necessary for checking mooring gear, areas;
monitoring communications, and (3) Fall arrest;
maintaining propulsion and steering on (4) Personnel transfer nets;
standby. (5) Hazard communication (right-to-
(6) The start up and completion of know);
pumping. (6) Permissible exposure limits;
(7) Emergency shutdown. (7) Machine guarding;
(8) The maximum relief valve set- (8) Electrical safety;
tings, the maximum available working (9) Lockout/tagout;
pressure, and hydraulic shock to the (10) Crane safety;
system without relief valves, or both. (11) Sling usage;
(9) Equipment necessary to discharge (12) Hearing conservation;
cargo to the port complex without (13) Hot work;
harm to the environment or to persons (14) Warning signs;
involved in the cargo transfer, includ- (15) Confined space safety; and
ing piping, adapters, bolted flanges, (16) Initial and periodic training and
and quick-disconnect coupling. certification to be documented for each
200
deepwater port employee and for visi- shore competent persons in prevention
tors, where appropriate; for example, of inadvertent entry into hazardous
safety orientation training. confined spaces.
(q) Emergency notification procedures. (x) Security procedures. Deepwater
Emergency internal and external noti- port operators must develop a deep-
fication procedures: water port security plan comparable to
(1) Names and numbers of key deep- those required by 33 CFR part 106. The
water port personnel; plan must address at least:
(2) Names and numbers of law en- (1) Access controls for goods and ma-
forcement and response agencies; terials and access controls for per-
(3) Names and numbers of persons in sonnel that require positive and
charge of any Outer Continental Shelf verifiable identification;
facility that, due to close proximity, (2) Monitoring and alerting of vessels
could be affected by an incident at the that approach or enter the deepwater
deepwater port. port’s security zone;
(r) Quantity, type, location, and use (3) Risk identification and procedures
of safety and fire protection equip- for detecting and deterring terrorist or
ment, including the fire plan. subversive activity, such as security
(s) Aerial operations such as heli- lighting and remotely-alarmed re-
copter landing pad procedures. stricted areas;
(t) Deepwater port response proce- (4) Internal and external notification
dures for: and response requirements in the event
(1) Fire; of a perceived threat or an attack on
(2) Reportable product spill; the deepwater port;
(3) Personnel injury, including con- (5) Designation of the deepwater port
fined space rescue; and security officer;
(4) Terrorist activity, as described in (6) Required security training and
the deepwater port security plan. drills for all personnel; and
(u) Emergency evacuation procedures (7) The scalability of actions and pro-
comparable to § 146.140(d) of this chap- cedures for the various levels of threat.
ter. (y) Special operations procedures. In-
(v) Designation of and assignment of clude procedures for any special oper-
deepwater port personnel to response ations, such as:
teams for specific contingencies. (1) Evacuation and re-manning;
(w) Individual and team training for (2) Refueling;
incident response, in accordance with (3) Diving;
46 CFR 109.213, to cover: (4) Support vessel operations;
(1) Care and use of equipment; (5) Providing logistical services; and
(2) Emergency drills and response, to (6) Contingency response for events
include: that could affect nearby existing Outer
(i) Type; Continental Shelf oil and gas facilities,
(ii) Frequency, which must be at such as explosions, fires, or product
least annually; and spills.
(iii) Documentation, including (z) Recordkeeping of maintenance
records, reports and dissemination of procedures, tests, and emergency drills
‘‘lessons learned’’. outlined elsewhere in the operations
(3) Documentation of the following manual.
minimum training requirements for re- (aa) Environmental procedures. A pro-
sponse team members: gram for maintaining compliance with
(i) Marine firefighting training; license conditions and applicable envi-
(ii) First aid/CPR; ronmental laws, by periodic moni-
(iii) Water survival; toring of the environmental effects of
(iv) Spill response and clean up; the port and its operations, including:
(v) Identification of at least one em- (1) Air and water monitoring in ac-
ployee trained and certified at the cordance with applicable Federal and
basic level as an emergency medical State law;
technician; and (2) A routine re-examination, not less

(vi) Identification of at least two em- than once every 5 years, of the phys-
ployees trained and certified as off- ical, chemical, and biological factors
201
§ 150.20 33 CFR Ch. I (7–1–20 Edition)
contained in the deepwater port’s envi- COTP and OCMI authority notifies the
ronmental impact analysis and base- licensee of the amendment.
line study submitted with the license (e) The licensee may petition the
application; and Commandant (CG–5P), via the appro-
(3) A risk management plan, address- priate district office, to review the de-
ing the potential for an uncontrolled cision of the Sector Commander, or
release; or provision for more detailed MSU Commander, with COTP and
studies following any uncontrolled re- OCMI authority. In this case, the effec-
lease or other unusual event that ad- tive date of the amendment is delayed
versely affects the environment. pending the Commandant’s decision.
Petitions must be made in writing and
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, presented to the Sector Commander, or
July 1, 2013]
MSU Commander, with COTP and
OCMI authority to forward to the Com-
§ 150.20 How many copies of the oper- mandant (CG–5P).
ations manual must be given to the (f) If the Sector Commander, or MSU
Coast Guard? Commander, with COTP and OCMI au-
thority finds that a particular situa-
The draft operations manual must be
tion requires immediate action to pre-
included with the application, and the
vent a spill or discharge, or to protect
number of copies is governed by
the safety of life and property, the he
§ 148.115 of this chapter. At least five
or she may issue an amendment effec-
copies of the final operations manual,
tive on the date that the licensee re-
and of any subsequent amendment,
ceives it. The Sector Commander, or
must be submitted to the Commandant
(CG–5P). Additional copies may be re-
OCMI authority must include a brief
quired to meet the needs of other agen-
statement of the reasons for the imme-
cies.
diate amendment. The licensee may pe-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, tition the District Commander for re-
as amended by USCG–2013–0397, 78 FR 39181, view, but the petition does not delay
July 1, 2013] the effective date of the amendment.
§ 150.25 Amending the operations man- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ual. as amended by USCG–2013–0397, 78 FR 39181,
July 1, 2013]
(a) Whenever the cognizant Sector
Commander, or MSU Commander, with § 150.30 Proposing an amendment to
COTP and OCMI authority finds that the operations manual.
the operations manual does not meet (a) The licensee may propose an
the requirements of this part, the amendment to the operations manual:
COTP notifies the licensee, in writing, (1) By submitting to the Sector Com-
of the inadequacies in the manual. mander, or to the MSU Commander,
(b) Within 45 days after the notice with COTP and OCMI authority, in
under paragraph (a) of this section is writing, the amendment and reasons
sent, the licensee must submit written for the amendments not less than 30
proposed amendments to eliminate the days before the requested effective date
inadequacies. of the amendment; or
(c) The cognizant Sector Commander, (2) If the amendment is needed imme-
or MSU Commander, with COTP and diately, by submitting the amendment,
OCMI authority reviews the amend- and reasons why the amendment is
ments and makes a determination as to needed immediately, to the Sector
the adequacy of the amendments and Commander, or MSU Commander, with
notifies the licensee of the determina- COTP and OCMI authority in writing.
tion. (b) The Sector Commander, or MSU
(d) If the Sector Commander, or MSU Commander, with COTP and OCMI au-
Commander, with COTP and OCMI authority must respond to a proposed
thority decides that an amendment is amendment by notifying the licensee,
necessary, the amendment goes into ef- in writing, before the requested date of
fect 60 days after the Sector Com- the amendment whether the request is
mander, or MSU Commander, with approved. If the request is disapproved,
202
the Sector Commander, or MSU Com- ternative is proposed. If the COTP de-
mander, with COTP and OCMI author- termines that the deviation would en-
ity must include the reasons for dis- sure equivalent or greater protection
approval in the notice. If the request is and safety, the COTP authorizes the
for an immediate amendment, the Sec- deviation and notifies the licensee in
tor Commander, or MSU Commander, writing.
with COTP and OCMI authority must
respond as soon as possible. § 150.45 Emergency deviation from
this subchapter or the operations
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, manual.
July 1, 2013] In an emergency, any person may de-
viate from any requirement in this sub-
§ 150.35 How may an Adjacent Coastal chapter, or any procedure in the oper-
State request an amendment to the ations manual, to ensure the safety of
deepwater port operations manual? life, property, or the environment.
(a) An Adjacent Coastal State con- Each deviation must be reported to the
nected by pipeline to the deepwater Sector Commander, or MSU Com-
port may petition the cognizant Sector mander, with COTP and OCMI author-
Commander, or MSU Commander, with ity, at the earliest possible time.
COTP and OCMI authority to amend
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
the operations manual. The petition
must include sufficient information to July 1, 2013]
allow the Sector Commander, or MSU
Commander, with COTP and OCMI au- § 150.50 What are the requirements for
thority to reach a decision concerning a facility spill response plan?
the proposed amendment.
(a) Each deepwater port which meets
(b) After the Sector Commander, or
the applicability requirements of part
OCMI authority receives a petition, the 154 subpart F of this chapter must have
Sector Commander, or MSU Com- a facility response plan that is ap-
mander, with COTP and OCMI author- proved by the Sector Commander, or
ity requests comments from the li- MSU Commander, with COTP and
censee. OCMI authority.
(c) After reviewing the petition and (b) Each natural gas deepwater port
comments, and considering the costs must have a natural gas facility emer-
and benefits involved, the Sector Com- gency plan that meets part 127, subpart
mander, or MSU Commander, with B of this chapter.
COTP and OCMI authority may ap- (c) The response plan must be sub-
prove the petition if the proposed mitted to the Sector Commander, or
amendment will provide equivalent or MSU Commander, with COTP and
improved protection and safety. The OCMI authority, in writing, not less
Adjacent Coastal State may petition than 60 days before the deepwater port
the Commandant (CG–5P) to review the begins operation.
decision. Petitions must be made in [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
writing and presented to the Sector as amended by USCG–2013–0397, 78 FR 39181,
Commander, or MSU Commander, with July 1, 2013]
COTP and OCMI authority for for-
warding to the Commandant (CG–5P) Subpart B—Inspections
via the District Commander.
[USCG–2013–0397, 78 FR 39181, July 1, 2013] § 150.100 What are the requirements
for inspecting deepwater ports?
§ 150.40 Deviating from the operations Under the direction of the Sector
manual. Commander, or to the MSU Com-
If, because of a particular situation, mander, with COTP and OCMI author-
the licensee needs to deviate from the ity, marine inspectors may inspect
operations manual, the licensee must deepwater ports to determine whether
submit a written request to the Cap- the requirements of this subchapter are
tain of the Port (COTP) explaining why met. A marine inspector may conduct
the deviation is necessary and what al- an inspection, with or without advance
203
§ 150.105 33 CFR Ch. I (7–1–20 Edition)
notice, at any time the Sector Com- or single point mooring classification
mander or MSU Commander deems certificate.
necessary.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG–2013–0397, 78 FR 39182,
as amended by USCG–2013–0397, 78 FR 39182, July 1, 2013]
July 1, 2013]
Subpart C—Personnel
for annual self-inspection? § 150.200 Who must ensure that deep-
(a) The owner or operator of each water port personnel are qualified?
manned deepwater port must ensure The licensee must ensure that the in-
that the deepwater port is regularly individual filling a position meets the
spected to determine whether the facil- qualifications for that position as out-
ity is in compliance with the require- lined in the operations manual.
ments of this subchapter. The inspec-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
tion must be at intervals of no more as amended by USCG–2013–0397, 78 FR 39182,
than 12 months. The inspection may be July 1, 2013]
conducted up to 2 months after its due
date, but will be valid for only the 12 § 150.205 What are the language re-
months following that due date. quirements for deepwater port per-
(b) The owner or operator must sonnel?
record and submit the results of the Only persons who read, write, and
annual self-inspection to the Sector speak English may occupy the essen-
Commander, or to the MSU Com- tial management positions outlined in
mander, with COTP and OCMI author- the operations manual.
ity within 30 days of completing the in- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
spection. The report must include a de- as amended by USCG–2013–0397, 78 FR 39182,
scription of any failure, and the scope July 1, 2013]
of repairs made to components or
equipment, in accordance with the re- § 150.210 What are the restrictions on
quirements in subpart I of this part, serving in more than one position?
other than primary lifesaving, fire- No person may serve in more than
fighting, or transfer equipment, which one of the essential management posi-
are inspected and repaired in accord- tions outlined in the operations man-
ance with subpart F. ual at any one time.
(c) Prior to the initiation of a self-in-
spection plan, and before commence- § 150.225 What training and instruc-
ment of operations, the owner or oper- tion are required?
ator must submit a proposal describing Personnel must receive training and
the self-inspection plan to the Sector instruction commensurate with the po-
Commander, or MSU Commander, with sition they hold. Procedures for docu-
COTP and OCMI authority for accept- menting employee training must be
ance. The plan must address all appli- outlined in the operations manual.
cable requirements outlined in parts
149 and 150 of this subchapter. Subpart D—Vessel Navigation
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
July 1, 2013] This subpart supplements the Inter-
national Regulations for Prevention of
§ 150.110 What are the notification re- Collisions at Sea, 1972 (72 COLREGS)
quirements upon receipt of classi- described in subchapter D of this chap-
fication society certifications? ter, and prescribes requirements that:
The licensee must notify the Sector (a) Apply to the navigation of all ves-
Commander, or MSU Commander, with sels at or near a deepwater port; and
COTP and OCMI duties, in writing, (b) Apply to all vessels while in a
upon receipt of a classification society safety zone, area to be avoided, or no
certification, interim class certificate, anchoring area.
204
§ 150.305 How does this subpart apply manned deepwater port must comply
to unmanned deepwater ports? with the notice of arrival requirements
The master of any tanker calling at in subpart C of part 160 of this chapter.
an unmanned deepwater port is respon- (b) The owner, master, agent, or per-
sible for the safe navigation of the ves- son in charge of a tanker bound for a
sel to and from the deepwater port, and manned deepwater port must report
for the required notifications in the pertinent information required in
§ 150.325 of this part. Once the tanker is § 150.15(i)(4)(vi) of this part for the ves-
connected to the unmanned deepwater sel, including:
port, the master must maintain radar (1) The name, gross tonnage, and
surveillance in compliance with the re- draft of the tanker;
quirements of § 150.310 of this part. (2) The type and amount of cargo in
the tanker;
[USCG–2013–0397, 78 FR 39182, July 1, 2013]
(3) The location of the tanker at the
§ 150.310 When is radar surveillance time of the report;
required? (4) Any conditions on the tanker that
A manned deepwater port’s person in may impair its navigation, such as fire,
charge of vessel operations must main- or malfunctioning propulsion, steering,
tain radar surveillance of the safety navigational, or radiotelephone equip-
zone or area to be avoided when: ment. The testing requirements in
§ 164.25 of this chapter are applicable to
(a) A tanker is proceeding to the
vessels arriving at a deepwater port;
safety zone after submitting the report
required in § 150.325 in this part; (5) Any leaks, structural damage, or
(b) A tanker or support vessel is un- machinery malfunctions that may im-
derway in the safety zone or area to be pair cargo transfer operations or cause
avoided; a product discharge; and
(c) A vessel other than a tanker or (6) The operational condition of the
support vessel is about to enter or is equipment listed under § 164.35 of this
underway in the safety zone or area to chapter on the tanker.
be avoided; or (c) If the estimated time of arrival
(d) As described in the deepwater changes by more than 6 hours from the
port security plan. last reported time, the National Vessel
Movement Center (NVMC) and the
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, port’s person in charge of vessel oper-
ations must be notified of the correc-
July 1, 2013]
tion as soon as the change is known.
§ 150.320 What advisories are given to (d) If the information reported in
tankers? paragraphs (b)(4) or (b)(5) of this sec-
A manned deepwater port’s person in tion changes at any time before the
charge of vessel operations must advise tanker enters the safety zone or area
the master of each tanker underway in to be avoided at the deepwater port, or
the safety zone or area to be avoided of while the tanker is in the safety zone
the following: or area to be avoided, the master of the
(a) At intervals not exceeding 10 min- tanker must report the changes to the
utes, the vessel’s position by range and NVMC and port’s person in charge of
bearing from the pumping platform vessel operations as soon as possible.
complex; and [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(b) The position and the estimated as amended by USCG–2013–0397, 78 FR 39182,
course and speed, if moving, of all July 1, 2013]
other vessels that may interfere with
the movement of the tanker within the § 150.330 What is the second notice re-
safety zone or area to be avoided. quired before a tanker enters the
safety zone or area to be avoided?
§ 150.325 What is the first notice re- When a tanker bound for a manned
quired before a tanker enters the deepwater port is 20 miles from enter-
safety zone or area to be avoided? ing the port’s safety zone or area to be
(a) The owner, master, agent, or per- avoided, the master of the tanker must
son in charge of a tanker bound for a notify the port’s person in charge of
205
§ 150.340 33 CFR Ch. I (7–1–20 Edition)
vessel operations of the tanker’s name § 150.350 What are the rules of naviga-
and location. tion for support vessels in the safe-
ty zone or area to be avoided?
§ 150.340 What are the rules of naviga- A support vessel must not anchor in
tion for tankers in the safety zone the safety zone or area to be avoided,
or area to be avoided? except:
(a) A tanker must enter or depart the (a) In an anchorage area; or
port’s safety zone or area to be avoided (b) For vessel maintenance, which, in
in accordance with the navigation pro- the case of a manned deepwater port,
cedures in the port’s approved oper- must be cleared by the port’s person in
ations manual as described in § 150.15(i) charge of vessel operations.
of this part.
§ 150.355 How are other vessels
(b) A tanker must not anchor in the cleared to move within the safety
safety zone or area to be avoided, ex- zone?
cept in a designated anchorage area.
(a) Clearance by a manned deepwater
(c) A tanker may not enter a safety port’s person in charge of vessel oper-
zone or area to be avoided in which an- ations is required before a vessel, other
other tanker is present, unless it has than a tanker or support vessel, enters
been cleared by the person in charge of the safety zone.
the port and no other tankers are un- (b) The port’s person in charge of ves-
derway. sel operations may clear a vessel under
(d) A tanker must not operate, an- paragraph (a) of this section only if its
chor, or moor in any area of the safety entry into the safety zone would not:
zone or area to be avoided in which the (1) Interfere with the purpose of the
net under keel clearance would be less deepwater port;
than 5 feet. (2) Endanger the safety of life, prop-
erty, or environment; or
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(3) Be prohibited by regulation.
(c) At an unmanned deepwater port,
July 1, 2013]
such as a submerged turret landing
§ 150.345 How are support vessels (STL) system, paragraphs (a) and (b) of
cleared to move within the safety this section apply once a tanker con-
zone or area to be avoided? nects to the STL buoy.
All movements of support vessels § 150.380 Under what circumstances
within a manned deepwater port’s safe- may vessels operate within the safe-
ty zone or area to be avoided must be ty zone or area to be avoided?
cleared in advance by the port’s person (a) Table 150.380(a) of this section
in charge of vessel operations. lists both the areas within a safety
zone where a vessel may operate and
the clearance needed for that location.
TABLE 150.380(a)—REGULATED ACTIVITIES OF VESSELS AT DEEPWATER PORTS
Areas to be Other areas with-
avoided around in and adjacent to
Regulated activities Safety zone each deepwater Anchorage areas the safety zone
port (e.g., no anchor-
component 1 ing area)
Tankers calling at port ....................................... C C C C

Support vessel movements ................................ C C C C
Transit by vessels other than tankers or sup- F D P P
port vessels.
Mooring to surface components (for example N N N N
an SPM) by vessels other than tankers or
support vessels.
Anchoring by vessels other than tankers or N F C F
support vessels.
Fishing, including bottom trawl (shrimping) ....... N D P N

Mobile drilling operations or erection of struc- N R N N
tures. 2
206
TABLE 150.380(a)—REGULATED ACTIVITIES OF VESSELS AT DEEPWATER PORTS—Continued

Areas to be Other areas with-
avoided around in and adjacent to
Regulated activities Safety zone each deepwater Anchorage areas the safety zone
port (e.g., no anchor-
component 1 ing area)
Lightering/transshipment .................................... N N N N
1 Areas to be avoided are in subpart J of this part.
2 Not part of Port Installation.
Key to regulated activities for Table 150.380(a):
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 super-
visor.
R—Permitted only if determined that operation does not create unacceptable risk to personnel safety and security and oper-
ation. 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 (b) The single point mooring (SPM)–
table 150.380(a) of this section, or other- CTS must be maintained as required by
wise provided for in this subpart, the the design standards used to comply
Sector Commander’s, or MSU Com- with § 149.650 of this chapter.
mander’s, with COTP and OCMI au- (c) If the manufacturer’s maximum
thority permission is required before pressure rating for any cargo transfer
operating in the safety zone or regu- hose in a SPM–CTS has been exceeded,
lated navigation area. unless it was exceeded for testing re-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, quired by this section, the hose must
as amended by USCG–2013–0397, 78 FR 39182, be:
July 1, 2013] (1) Removed;
(2) Hydrostatically tested to 1.5 times
§ 150.385 What is required in an emer- its maximum working pressure for oil,
gency? or 1.1 times its maximum working
In an emergency, for the protection pressure for natural gas; and
of life or property, a vessel may deviate (3) Visually examined externally and
from a vessel movement requirement internally for evidence of:
in this subpart without clearance from (i) Leakage;
a manned deepwater port’s person in (ii) Loose covers;
charge of vessel operations if the mas- (iii) Kinks;
ter advises the port person in charge of (iv) Bulges;
the reasons for the deviation at the
(v) Soft spots; and
earliest possible moment.
(vi) Gouges, cuts, or slashes that pen-
etrate the hose reinforcement.
Subpart E—Cargo Transfer (d) Each submarine hose used in
Operations cargo transfer operations in an SPM–
CTS must have been removed from its
§ 150.400 What does this subpart do? coupling, surfaced, and examined as de-
This subpart prescribes rules that scribed in paragraphs (c)(2) and (c)(3) of
apply to the transfer of oil or natural this section, within the preceding 2
gas at a deepwater port. years for oil, or 15 months for natural
gas; and
§ 150.405 How must a cargo transfer (e) Before resuming cargo transfer
system be tested and inspected? operations, each submarine hose in an
(a) No person may transfer oil or nat- SPM–CTS must be visually examined
ural gas through a cargo transfer sys- in place as described in paragraph (c)(3)
tem (CTS) at a deepwater port unless it of this section after cargo transfer op-
has been inspected and tested accord- erations are shut down due to sea con-
ing to this section. ditions at the deepwater port.
207
§ 150.420 33 CFR Ch. I (7–1–20 Edition)
§ 150.420 What actions must be taken § 150.435 When are cargo transfers not
when cargo transfer equipment is allowed?
defective? No person may transfer cargo at a
When any piece of equipment in- deepwater port:
volved in oil or natural gas transfer (a) When the person in charge (PIC)
equipment is defective: of cargo transfer is not on duty at the
(a) The piece of equipment must be deepwater port;
replaced or repaired before making any (b) During an electrical storm in the
further cargo transfers; and deepwater port’s vicinity;
(c) During a fire at the port, at the
(b) The repaired or replaced piece
onshore receiving terminal, or aboard a
must meet or exceed its original speci- vessel berthed at the port, unless the
fications. Repairs must be conducted in PIC of cargo transfer determines that a
accordance with the port’s mainte- cargo transfer should be resumed as a
nance program outlined in the oper- safety measure;
ations manual, and that program must (d) When a leak develops so that a
provide for the repair of natural gas sufficient quantity of product accumu-
transfer hoses in accordance with lates in the cargo containment under-
§ 127.405 of this chapter. neath the manifold or piping;
(e) When there are not enough per-
§ 150.425 What are the requirements sonnel nor equipment at the port dedi-
for transferring cargo? cated to containand remove the dis-
Cargo transfer procedures must be charge or perform the emergency re-
outlined in the deepwater port oper- sponse functions as required in the
ations manual and must provide: port’s response plan under part 154 for
(a) Oil transfer procedures that ac- oil, or emergency plan under part 127
cord with § 156.120 of this chapter; and for natural gas, of this chapter;
(f) Whenever the emergency shut-
(b) Natural gas transfer procedures
down system should have activated but
that accord with §§ 127.315, 127.317 and
failed to;
127.319 of this chapter. (g) By lighterage, except in bun-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, kering operations, unless otherwise au-
as amended by USCG–2013–0397, 78 FR 39182, thorized by the Sector Commander, or
July 1, 2013] MSU Commander, with COTP and
OCMI authority ;
§ 150.430 What are the requirements (h) When the weather at the port
for a declaration of inspection? does not meet the minimum operating
(a) No person may transfer cargo conditions for cargo transfers as de-
from a tanker to a manned deepwater fined in the port’s operations manual;
port unless a declaration of inspection or
complying with § 156.150(c) for oil, or (i) When prescribed by the deepwater
§ 127.317 for natural gas, of this chapter port security plan under heightened se-
has been filled out and signed by the curity conditions at the deepwater port
vessel’s officer in charge of cargo or its adjacent areas, or on vessels call-
transfer and the person in charge (PIC) ing on or serving the deepwater port.
of cargo transfer for the deepwater [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
port. as amended by USCG–2013–0397, 78 FR 39182,
July 1, 2013]
(b) Before signing a declaration of in-
spection, the vessel’s officer in charge § 150.440 How may the Sector Com-
of cargo transfer must inspect the mander, or MSU Commander, with
tanker, and the PIC of cargo transfer COTP and OCMI authority order
for the deepwater port must inspect suspension of cargo transfers?
the deepwater port. They must indi- (a) In case of emergency, the Sector
cate, by initialing each item on the Commander, or MSU Commander, with
declaration of inspection form, that COTP and OCMI authority may order
the tanker and deepwater port comply the suspension of cargo transfers at a
with § 156.150 for oil, or § 127.317 for nat- deepwater port to prevent the dis-
ural gas, of this chapter. charge, or threat of discharge, of oil or
208
natural gas, or to protect the safety of MAINTENANCE AND REPAIR

life and property.
(b) An order of suspension may be § 150.501 How must emergency equip-
made effective immediately. ment be maintained and repaired?
(c) The order of suspension must All lifesaving, firefighting, and other
state the reasons for the suspension. emergency equipment at a deepwater
(d) The licensee may petition the Dis- port, including additional equipment
trict Commander to reconsider the not required to be on board the deep-
order of suspension. The petition must water port, must be maintained in good
be in writing, unless the order of sus- working order and repaired according
pension takes effect immediately, in to the deepwater port’s planned main-
which case the petition may be made tenance program and the requirements
by any means, but the petition does outlined in this subpart.
not delay the effective date of the sus-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
pension. The decision of the District
Commander is considered a final agen- July 1, 2013]
cy action.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, LIFESAVING EQUIPMENT (GENERAL)
July 1, 2013] § 150.502 What are the maintenance
and repair requirements for life-
§ 150.445 When is oil in a single point saving equipment?
mooring-oil transfer system (SPM– (a) Each deepwater port must have
OTS) displaced with water?
on board, or in the operator’s principal
(a) The oil in an SPM–OTS must be office in the case of an unmanned port,
displaced with water, and the valve at the manufacturer’s instructions for
the pipeline end manifold must be performing onboard maintenance and
closed whenever: repair of the port’s lifesaving equip-
(1) A storm warning forecasts weath- ment. The instructions must include
er conditions that will exceed the de- the following for each item of equip-
sign operating criteria listed in the opment, as applicable:
erations manual for the SPM–OTS; (1) Instructions for maintenance and
(2) A vessel is about to depart the repair;
SPM because of storm conditions; or (2) A checklist for use when carrying
(3) The SPM is not scheduled for use out the monthly inspections required
in an oil transfer operation within the under § 150.513 of this part;
next 7 days. (3) A schedule of periodic mainte-
(b) The requirement in paragraph (a) nance;
of this section is waived if port offi- (4) A diagram of lubrication points
cials can demonstrate to the Sector with the recommended lubricants;
Commander, or MSU Commander, with (5) A list of replaceable parts;
COTP and OCMI authority that a satis-
(6) A list of spare parts sources; and
factory alternative means of safely se-
curing all cargo transfer hoses can be (7) A log for records of inspections
implemented in the event of severe and maintenance.
weather conditions. (b) In lieu of the manufacturer’s in-
structions required under paragraph (a)
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, of this section, the deepwater port may
as amended by USCG–2013–0397, 78 FR 39182, have its own onboard planned mainte-
July 1, 2013]
nance program for maintenance and re-
pair that is equivalent to the proce-
Subpart F—Emergency and dures recommended by the equipment
Specialty Equipment manufacturer.
(c) The deepwater port must des-
§ 150.500 What does this subpart do? ignate a person in charge of ensuring
This subpart concerns requirements that maintenance and repair is carried
for maintenance, repair, and oper- out in accordance with the instructions
ational testing of emergency and spe- required in paragraph (a) of this sec-
cialty equipment at a deepwater port. tion.
209
§ 150.503 33 CFR Ch. I (7–1–20 Edition)
(d) If deficiencies in the maintenance stallation. It must be replaced by a

or condition of lifesaving equipment new fall 4 years after installation.
are identified, the Sector Commander,
or MSU Commander, with COTP and § 150.504 When must the operator serv-
OCMI authority may review the in- ice and examine lifeboat and rescue
boat launching appliances?
structions under paragraph (a) of this
section and require appropriate (a) The operator must service launch-
changes to the instructions or oper- ing appliances for lifeboats and rescue
ations to provide for adequate mainte- boats at intervals recommended in the
nance and readiness of the equipment. manufacturer’s instructions under
(e) When lifeboats, rescue boats, and § 150.502(a), or according to the deep-
liferafts are not fully operational be- water port’s planned maintenance pro-
cause of ongoing maintenance or re- gram under § 150.502(b).
pairs, there must be a sufficient num- (b) The operator must thoroughly ex-
ber of fully operational lifeboats and amine launching appliances for life-
liferafts available for use to accommo- boats and rescue boats at intervals of
date all persons on the deepwater port. not more than 5 years. Upon comple-
(f) Except in an emergency, repairs or tion of the examination, the operator
alterations affecting the performance must subject the winch brakes of the
of lifesaving equipment must not be launching appliance to a dynamic test.
made without notifying the Sector
§ 150.505 When must the operator serv-
Commander, or MSU Commander, with ice and examine lifeboat and rescue
COTP and OCMI authority in advance. boat release gear?
The person in charge must report
emergency repairs or alterations to (a) The operator must service life-
lifesaving equipment to the Sector boat and rescue boat release gear at in-
Commander, or MSU Commander, with tervals recommended in the manufac-
COTP and OCMI authority, as soon as turer’s instructions under § 150.502(a),
practicable. or according to the deepwater port’s
planned maintenance program under
(g) The person in charge must ensure
§ 150.502(b).
that spare parts and repair equipment
(b) The operator must subject life-
are provided for each lifesaving appli-
boat and rescue boat release gear to a
ance and component subject to exces-
thorough examination at each annual
sive wear or consumption.
self-certification inspection by per-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, sonnel trained in examining the gear.
July 1, 2013] INFLATABLE LIFESAVING APPLIANCES
LAUNCHING APPLIANCES § 150.506 When must the operator serv-

ice inflatable lifesaving appliances
§ 150.503 What are the time interval and marine evacuation systems?
requirements for maintenance on (a) The operator must service each
survival craft falls?
inflatable lifejacket, hybrid inflatable
(a) Each fall used in a launching de- lifejacket, and marine evacuation sys-
vice for survival craft or rescue boats tem at 1-year intervals after its initial
must be turned end-for-end at intervals packing. The operator may delay the
of not more than 30 months. servicing for up to 5 months to meet
(b) Each fall must be replaced by a the next scheduled inspection of the
new fall when deteriorated, or at inter- deepwater port.
vals of not more than 5 years, which- (b) The operator must service each
ever is earlier. inflatable liferaft no later than the
(c) A fall that cannot be turned end- month and year on its servicing sticker
for-end under paragraph (a) of this sec- under 46 CFR 160.151–57(m)(3)(ii), except
tion must be carefully inspected be- that the operator may delay servicing
tween 24 and 30 months after its instal- by up to 5 months to meet the next
lation. If the inspection shows that the scheduled inspection of the deepwater
fall is faultless, the fall may be contin- port. The operator must also service
ued in service up to 4 years after its in- each inflatable liferaft:
210
(1) Whenever the container of the raft ational test procedures to those under
is damaged; or paragraph (a) of this section.
(2) Whenever the container straps or
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
seals are broken.
July 1, 2013]
§ 150.507 How must the operator serv-
ice inflatable lifesaving appliances?
FREQUENCY OF TESTS AND INSPECTIONS
(a) The operator must service each
inflatable liferaft according to 46 CFR § 150.512 What occurs during the
subpart 160.151. weekly tests and inspections?
(b) The operator must service each
The required weekly tests and inspec-
inflatable lifejacket according to 46
tions of lifesaving equipment are as
CFR subpart 160.176.
follows:
(c) The operator must service each
hybrid inflatable lifejacket according (a) The operator must visually in-
to the owner’s manual and the proce- spect each survival craft, rescue boat,
dures in 46 CFR subpart 160.077. and launching device to ensure its
readiness for use;
§ 150.508 What are the maintenance (b) The operator must test the gen-
and repair requirements for inflat- eral alarm system; and
able rescue boats? (c) The operator must test for readi-
The operator must perform the main- ness of the engine, starting device, and
tenance and repair of inflatable rescue communications equipment of each
boats according to the manufacturer’s lifeboat and rescue boat according to
instructions. the manufacturer’s instructions.
OPERATIONAL TESTS AND INSPECTIONS § 150.513 What occurs during the

(GENERAL) monthly tests and inspections?
§ 150.509 How must emergency equip- (a) The operator must inspect each
ment be tested and inspected? item of lifesaving equipment under
§ 150.502(b) of this subpart monthly, to
All lifesaving, firefighting, and other
ensure that the equipment is complete
emergency equipment at a deepwater
and in good order. The operator must
port must be tested and inspected
keep on the deepwater port, or in the
under this subpart.
operator’s principal office in the case
§ 150.510 How must tested emergency of an unmanned deepwater port, a re-
equipment be operated? port of the inspection that includes a
statement as to the condition of the
The equipment must be operated
equipment, and make the report avail-
under the operating instructions of the
able for review by the Coast Guard.
equipment’s manufacturer when tests
or inspections include operational test- (b) The operator must test, on a
ing of emergency equipment. monthly basis, each emergency posi-
tion indicating radio beacon (EPIRB)
§ 150.511 What are the operational and each search and rescue transponder
testing requirements for lifeboat (SART), other than an EPIRB or SART
and rescue boat release gear? in an inflatable liferaft. The operator
(a) Lifeboat and rescue boat release must test the EPIRB using the inte-
gear must be operationally tested grated test circuit and output indi-
under a load of 1.1 times the total mass cator to determine whether the EPIRB
of the lifeboat or rescue boat when is operational.
loaded with its full complement of per-
sons and equipment. § 150.514 What are the annual tests
and inspections?
(b) The test must be conducted when-
ever the lifeboat, rescue boat, or its re- At least annually, the operator must:
lease gear is overhauled, or at least (a) Strip, clean, thoroughly inspect,
once every 5 years. and, if needed, repair each lifeboat, res-
(c) The Sector Commander, or MSU cue boat, and liferaft. At that time, the
Commander, with COTP and OCMI au- operator must also empty, clean, and
thority may consider alternate oper- refill each fuel tank with fresh fuel;
211
§ 150.515 33 CFR Ch. I (7–1–20 Edition)
(b) Thoroughly inspect and, if needed, attesting statement on board the deep-
repair each davit, winch, fall, and other water port, or in the operator’s prin-
launching device; cipal office in the case of an unmanned
(c) Check all lifesaving equipment deepwater port, and make it available
and replace any item that is marked to the Sector Commander, or MSU
with an expiration date that has Commander, with COTP and OCMI au-
passed; thority.
(d) Check all lifesaving equipment
batteries and replace any battery that [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
is marked with an expiration date that as amended by USCG–2013–0397, 78 FR 39182,
has passed; and July 1, 2013]
(e) Replace any battery that is not
marked with an expiration date if that PERSONAL SAFETY GEAR
battery is used in an item of lifesaving
equipment, except for a storage battery § 150.518 What are the inspection re-
quirements for work vests and im-
used in a lifeboat or rescue boat.
mersion suits?
(f) The requirements in this section
do not relieve the person in charge of (a) All work vests and immersion
the requirement to keep the equipment suits must be inspected by the owner
ready for immediate use. or operator pursuant to § 150.105 of this
part to determine whether they are in
WEIGHT TESTING serviceable condition.
§ 150.515 What are the requirements (b) If a work vest or immersion suit
for weight testing of newly installed is inspected and is in serviceable condi-
or relocated craft? tion, then it may remain in service. If
(a) The operator must perform instal- not, then it must be removed from the
lation weight testing, using the proce- deepwater port.
dure outlined in 46 CFR 199.45(a)(1) on
each new lifeboat, rescue boat, and EMERGENCY LIGHTING AND POWER
davit-launched liferaft system. SYSTEMS
(b) The operator must conduct instal-
lation weight tests, according to para- § 150.519 What are the requirements
for emergency lighting and power
graph (a) of this section, when survival
systems?
crafts are relocated to another deep-
water port. (a) The operator must test and in-
spect the emergency lighting and
§ 150.516 What are the periodic re- power systems at least once a week to
quirements for weight testing? determine if they are in proper oper-
The operator must weight test, using ating condition. If they are not in prop-
the procedure outlined in 46 CFR er operating condition, then the oper-
199.45(a)(1), each lifeboat, davit- ator must repair or replace their defec-
launched liferaft, and rescue boat every tive parts.
time a fall is replaced or turned end- (b) The operator must test, under
for-end. load, each emergency generator driven
§ 150.517 How are weight tests super- by an internal combustion engine that
vised? is used for an emergency lighting and
power system at least once per month
(a) The installation and periodic
tests required by §§ 150.515 and 150.516 of for a minimum of 2 hours.
this subpart must be supervised by a (c) The operator must test each stor-
person familiar with lifeboats, davit- age battery for the emergency lighting
launched liferafts, rescue boats, and and power systems at least once every
with the test procedures under those 6 months to demonstrate the ability of
sections. the batteries to supply the emergency
(b) The person supervising the tests loads for an 8-hour period. The oper-
must attest, in writing, that the tests ator must follow the manufacturer’s
have been performed according to instructions in performing the battery

Coast Guard regulations. The operator test to ensure the batteries are not
must keep a copy of the supervisor’s damaged during testing.
212
FIRE EXTINGUISHING EQUIPMENT (b) When not in use, a fire hose con-
nected to a fire hydrant must be
§ 150.520 When must fire extinguishing stowed on a hose rack.
equipment be tested and inspected?
(c) The hydrant nearest the edge of a
The operations manual must specify deck must have enough fire hose length
how and when the operator will test connected to it to allow 10 feet of hose,
and inspect each portable fire extin- when pressurized, to curve over the
guisher, semi-portable fire extin- edge.
guisher, and fixed fire extinguishing
system. These specifications must ac- § 150.540 What are the restrictions on
cord with 46 CFR 31.10–18. fueling aircraft?
§ 150.521 What records are required? If the deepwater port is not equipped
with a permanent fueling facility, the
(a) The operator must maintain a
Sector Commander, or the MSU Com-
record of each test and inspection
under § 150.520 of this part on the deep- mander with COTP and OCMI
water port, or in the operator’s prin- authority’s approval is necessary be-
cipal office in the case of an unmanned fore aircraft may be fueled at the port.
deepwater port, for at least 2 years. [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(b) The record must show: as amended by USCG–2013–0397, 78 FR 39182,
(1) The date of each test and inspec- July 1, 2013]
tion;
(2) The number or other identifica- § 150.550 What are the requirements
tion of each fire extinguisher or system for the muster list?
tested or inspected; and (a) A muster list must be posted on
(3) The name of the person who con- each pumping platform complex.
ducted the test or inspection and the (b) The muster list must:
name of the company that person rep-
(1) List the name and title of each
resents.
person, in order of succession, who is
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, the person in charge of the pumping
as amended by USCG–2013–0397, 78 FR 39182, platform complex for purposes of su-
July 1, 2013]
pervision during an emergency;
MISCELLANEOUS OPERATIONS (2) List the special duties and duty
stations for each person on the pump-
§ 150.530 What may the fire main sys- ing platform complex, in the event of
tem be used for? an emergency that requires the use of
The fire main system may be used equipment covered by part 149 of this
only for firefighting and deck washing, chapter; and
unless it is capable of being isolated (3) Identify the signals for calling
and can provide the applicable min- persons to their emergency stations
imum pressures required in § 149.416 of and for abandoning the pumping plat-
this chapter. form complex.
§ 150.531 How many fire pumps must § 150.555 How must cranes be main-
be kept ready for use at all times? tained?
At least one of the fire pumps re-
Cranes must be operated, main-
quired by this subchapter must be kept
tained, and tested in accordance with
ready for use at all times.
46 CFR part 109, subpart F.
for connection and stowage of fire Subpart G—Workplace Safety and
hoses?
Health
(a) At least one length of fire hose,
with a combination nozzle, must be § 150.600 What does this subpart do?
connected to each fire hydrant at all
This subpart sets safety and health

times. If it is exposed to the weather,
requirements for the workplace on a
the fire hose may be removed from the
deepwater port.
hydrant during freezing weather.
213
§ 150.601 33 CFR Ch. I (7–1–20 Edition)
SAFETY AND HEALTH (GENERAL) with the local Sector Commander, or

with the local MSU Commander, with
§ 150.601 What are the safety and COTP and OCMI authority, and will ap-
health requirements for the work- prove the SEMP if he or she finds that
place on a deepwater port? the SEMP provides at least as much
(a) Each operator of a deepwater port protection of workplace safety and
must ensure that the port complies health as do the specific provisions of
with the requirements of this subpart, this subpart.
and must ensure that all places of em-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ployment within the port are: as amended by USCG–2013–0397, 78 FR 39182,
(1) Maintained in compliance with July 1, 2013]
workplace safety and health regula-
tions of this subpart; and § 150.603 What emergency response
(2) Free from recognized hazardous training is required?
conditions. The requirements for emergency re-
(b) Persons responsible for actual op- sponse training must be outlined in the
erations, including owners, operators, deepwater port operations manual.
contractors, and subcontractors must
ensure that those operations subject to [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
their control are: as amended by USCG–2013–0397, 78 FR 39183,
July 1, 2013]
(1) Conducted in compliance with
workplace safety and health regula- § 150.604 Who controls access to med-
tions of this subpart; and ical monitoring and exposure
(2) Free from recognized hazardous records?
conditions. If medical monitoring is performed
(c) The term ‘‘recognized hazardous or exposure records are maintained by
conditions,’’ as used in this subpart, an employer, the owner, operator, or
means conditions that are: person in charge must establish proce-
(1) Generally known among persons dures for access to these records by
in the affected industry as causing, or personnel.
likely to cause, death or serious phys-
ical harm to persons exposed to those § 150.605 What are the procedures for
conditions; and reporting a possible workplace safe-
(2) Routinely controlled in the af- ty or health violation at a deep-
fected industry. water port?
Any person may notify the Sector
§ 150.602 What occupational awareness Commander, or the MSU Commander,
training is required? with COTP and OCMI authority ver-
(a) Each deepwater port operator bally or in writing of:
must ensure that all deepwater port (a) A possible violation of a regula-
personnel are provided with information in this part; or
tion and training on recognized haz- (b) A hazardous or unsafe working
ardous conditions in their workplace, condition on any deepwater port.
including, but not limited to, elec-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
trical, mechanical, and chemical haz-
ards. Specific required training topics July 1, 2013]
are outlined in § 150.15(w) of this part.
(b) As an alternative to compliance § 150.606 After learning of a possible
with the specific provisions of this sub- violation, what does the Sector
part, an operator may provide, for Commander, or the MSU Com-
workplace safety and health, the im- mander, with COTP and OCMI au-
plementation of an approved, port-spe- thority do?
cific safety and environmental man- After reviewing the information re-
agement program (SEMP). Operators ceived under § 150.605 of this part, and
should consult with the Commandant conducting any necessary investiga-
(CG–5P) in preparing an SEMP. Five tion, the Sector Commander, or the
copies of a proposed SEMP must be MSU Commander, with COTP and

submitted to the Commandant for eval- OCMI authority notifies the owner or
uation. The Commandant may consult operator of any deficiency or hazard
214
and initiates enforcement measures as rials, or burning or cutting acetylene.

the circumstances warrant. The iden- These eye and face protectors must be:
tity of any person making a report of a (a) Properly marked and in compli-
violation will remain confidential, ex- ance with the requirements of 29 CFR
cept to the extent necessary for the 1910.133; and
performance of official duties or as (b) Maintained in good condition or
agreed to by the person. replaced when necessary.
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2013–0397, 78 FR 39183, § 150.610 Where must eyewash equip-
July 1, 2013] ment be located?
GENERAL WORKPLACE CONDITIONS Portable or fixed eyewash equipment

providing emergency relief must be im-
§ 150.607 What are the general safe mediately available near any area
working requirements? where there is a reasonable probability
(a) All equipment, including machin- that eye injury may occur.
ery, cranes, derricks, portable power
tools, and, most importantly, safety HEAD
gear must be used in a safe manner and
in accordance with the manufacturer’s § 150.611 What head protection is re-
quired?
recommended practice, unless other-
wise stated in this subchapter. The deepwater port operator must
(b) All machinery and equipment ensure that where there is a reasonable
must be maintained in proper working probability of injury from falling ob-
order or removed. jects or contact with electrical conduc-
tors, personnel working or visiting
PERSONAL PROTECTIVE EQUIPMENT such an area wear head protectors de-
§ 150.608 Who is responsible for ensur- signed to protect them against such in-
ing that the personnel use or wear jury and complying with 29 CFR
protective equipment and are 1910.135.
trained in its use?
(a) Each deepwater port operator FEET
must ensure that all personnel wear
personal protective equipment when § 150.612 What footwear is required?
within designated work areas. The deepwater port operator must
(b) Each deepwater port operator ensure that while personnel are work-
must ensure that: ing in an area, or engaged in activities,
(1) All personnel engaged in the oper- where there is a reasonable probability
ation are trained in the proper use, for foot injury to occur, they wear
limitations, and maintenance of the footwear that complies with 29 CFR
personal protective equipment speci- 1910.136, except for when environmental
fied by this subpart; conditions exist that present a hazard
(2) The equipment is maintained and greater than that against which the
used or worn as required by this sub- footwear is designed to protect.
part; and
(3) The equipment is made available NOISE AND HEARING PROTECTION
and on hand for all personnel engaged
in the operation. § 150.613 What are the requirements
for a noise monitoring and hearing
EYES AND FACE protection survey?
§ 150.609 When is eye and face protec- (a) The deepwater port operator must
tion required? measure noise and provide hearing pro-
The operator must provide eye and tection in accordance with 29 CFR
face protectors for the use of persons 1910.95.
engaged in or observing activities (b) The initial noise survey for a
where damage to the eye is possible, deepwater port must be completed

such as welding, grinding, machining, within one year of beginning oper-
chipping, handling hazardous mate- ations.
215
§ 150.614 33 CFR Ch. I (7–1–20 Edition)
CLOTHING § 150.617 What are the requirements

for tagout?
§ 150.614 When is protective clothing
(a) The deepwater port operator must
required?
ensure that, before work takes place on
The deepwater port operator must equipment that is disconnected from
ensure that personnel exposed to flying the power source, a tag complying with
particles, radiant energy, heavy dust, this section is placed at the location
or hazardous materials wear clothing where the power is disconnected. The
and gloves that protect against the operator must ensure that, if there is a
hazard involved. control panel for the equipment in line
between the equipment and the loca-
ELECTRICAL tion where the power is disconnected, a
tag complying with this section is also
§ 150.615 What safe practices are replaced on the control panel.
quired? (b) Each tag or sign must have words
(a) The deepwater port operator must stating:
ensure that before personnel begin (1) That equipment is being worked
work that might expose them to an on;
electrical charge, they turn off the (2) That power must not be restored
electricity, unless doing so is not fea- or the equipment activated; and
sible. (3) The name of the person who
(b) The deepwater port operator must placed the tag.
ensure that personnel turning off (c) Only the person who placed the
equipment pursuant to paragraph (a) of tag, that person’s immediate super-
this section follow the lockout or tag- visor, or the relief person of either, is
ging procedures specified in 29 CFR authorized to remove the tag.
1910.147, and in §§ 150.616 and 150.617 of RESPIRATORY PROTECTION
this part.
(c) The deepwater port operator must § 150.618 What are the requirements
ensure that, to prevent electrical for respiratory protection?
shock, personnel receive training in (a) The deepwater port operator must
electrical, safety-related work prac- ensure that respiratory protection
tices in the area of the work they per- measures are taken in compliance with
form, including the use of electrical 29 CFR 1910.134 including establishment
personal protective equipment appro- of a formal respiratory protection pro-
priate to protect against potential gram.
electrical hazards. (b) The deepwater port operator must
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, ensure that measures for protection
as amended by USCG–2013–0397, 78 FR 39183, from exposure to asbestos are taken in
July 1, 2013] compliance with 29 CFR 1910.1001.
(c) The deepwater port operator must
LOCKOUT/TAGOUT ensure that measures for protection
from exposure to inorganic lead are
§ 150.616 What are the requirements taken in compliance with 29 CFR
for lockout? 1910.1025.
The deepwater port operator must
FALL ARREST
ensure that, if electrical, hydraulic,
mechanical, or pneumatic equipment § 150.619 What are the fall arrest sys-
does not need to be powered during the tem requirements?
work described in § 150.615(a) of this
(a) The deepwater port operator must
part, and has a lockout or other device ensure that all personnel who are ex-
to prevent the equipment from being posed to the risk of falling more than 6
turned on unintentionally, that the feet, or who are at risk of falling any
lockout or other device is activated. distance onto equipment with irregular
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, surfaces, exposed moving components,

as amended by USCG–2013–0397, 78 FR 39183, electrically energized cables or connec-
July 1, 2013] tors, or water, are protected against
216
such a fall by guardrails or other meas- (1) 29 CFR 1910.146 for permit-re-
ures that comply with 29 CFR 1910.23 or quired confined spaces, where applica-
1910.28, or by the use of suitable life- ble; and
saving equipment that complies with 46 (2) A national consensus standard, as
CFR part 160. that term is defined in 29 CFR 1910.2, or
(b) In addition, the operator must that is set by a nationally recognized
take measures to control the risk of testing laboratory as defined in 29 CFR
falling, tripping, or slipping in work 1910.7 and that provides levels of per-
areas and walkways due to the pres- sonnel protection at least equivalent to
ence of loose material or wet condi- those provided for shipyard personnel
tions, including spills. by 29 CFR part 1915, subpart B.
(c) To implement the confined space
MACHINE GUARDS safe entry program, the deepwater port
operator must determine the edu-
for protecting personnel from ma- cation, training, and experience needed
chinery? by the designated competent persons to
safely conduct their duties, including:
The deepwater port operator must
(1) Identification, testing, and certifi-
ensure that all personnel are protected
cation of confined spaces; and
from the risks created by operating
machinery through the use of guard de- (2) Training of personnel regarding
vices or other measures that comply dangers.
with 29 CFR 1910.212, or through the (d) These measures must be specified
use of conspicuously posted warning in the port operations manual, along
signs that comply with § 150.626 of this with a list of all confined spaces on the
part. port, describing the specific hazards as-
sociated with each such space.
SLINGS [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
§ 150.621 What are the requirements July 1, 2013]
for slings?
The use of slings for handling mate- BLOOD-BORNE PATHOGENS
rial must comply with the require-
ments of 29 CFR 1910.184. § 150.624 What are the requirements
for protecting personnel from
WARNING SIGNS blood-borne pathogens?
Measures for protection from the
§ 150.622 What are the warning sign dangers of blood-borne pathogens must
requirements?
be taken in compliance with 29 CFR
The construction and use of warning 1910.1030.
signs must be in compliance with 29
CFR 1910.144 and 1910.145. HAZARD COMMUNICATION PROGRAM
CONFINED SPACE SAFETY § 150.625 What must the hazard com-
munication program contain?
for protecting personnel from haz- (a) Each deepwater port must have a
ards associated with confined hazard communication program avail-
spaces? able for the training of, and review by,
(a) All personnel must be protected all personnel on the deepwater port.
by suitable measures from inadvert- (b) The program must be in writing
ently entering a confined space con- and describe or include:
taining a hazardous atmosphere that (1) An inventory of each hazardous
can cause death or serious injury. material on the deepwater port;
(b) Each deepwater port operator (2) The potential hazards of the mate-
must evaluate the specific hazards as- rial;
sociated with entering the port’s con- (3) The material’s intended use on
fined spaces, and develop a confined the deepwater port;

space safe entry program that complies (4) The methods for handling and
with: storing the material;
217
§ 150.626 33 CFR Ch. I (7–1–20 Edition)
(5) The protective measures and (b) Each MSDS must contain at least
equipment used to avoid hazardous ex- information on the use, proper storage,
posure; potential hazards, and appropriate pro-
(6) The labeling, marking, or tagging tective and response measures to be
of the material; taken when exposed to or handling the
(7) The special precautions, such as material.
lockout and tagout under §§ 150.616 and
150.617 of this part, that should be em- § 150.628 How must the operator label,
phasized when working around the ma- tag, and mark a container of haz-
terial; ardous material?
(8) Information and training required The operator must label, tag, or
for personnel on board the deepwater mark each container of hazardous ma-
port; and terial with the identity of the haz-
(9) A material safety data sheet for
ardous material and the appropriate
the material.
physical, health, reactive and other
(c) The information on a material
safety data sheet itself may be used by special condition hazard warnings. The
the employer as a tool for educating only exception is for portable con-
employees about the hazards posed by tainers that transfer hazardous mate-
the material, provided the employees rial from a labeled container to the
acknowledge and can demonstrate ap- work site for immediate use by the per-
propriate precautionary measures to son who performs the transfer.
minimize risk to health and safety.
(d) The program must be supple- Subpart H—Aids to Navigation
mented as necessary to address each
hazardous material newly introduced § 150.700 What does this subpart do?
on the deepwater port. This subpart provides requirements
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, for the operation of aids to navigation
as amended by USCG–2013–0397, 78 FR 39183, at a deepwater port.
July 1, 2013]
§ 150.626 What is the hazard commu- for maintaining and inspecting aids
nication program used for? to navigation?
(a) The hazard communication pro- (a) All aids to navigation must be
gram must ensure that all deepwater maintained in proper operating condi-
port employees, when required by their tion at all times.
duties, work safely and responsibly (b) The Coast Guard may inspect all
with hazardous materials. aids to navigation at any time without
(b) The person in charge for safety
notice.
must ensure that, before a person is al-
lowed to work at the deepwater port: § 150.710 What are the requirements
(1) A copy of the hazard communica- for supplying power to aids to navi-
tion program is made available to the gation?
person; and
(2) The person is trained in the infor- The power of all navigation aids
mation contained in the program. must be maintained, at all times, at or
(c) The training must be supple- above the level recommended by the
mented to address each hazardous ma- equipment’s manufacturer.
terial newly introduced on the deep-
water port. for lights used as aids to naviga-
§ 150.627 Must material safety data tion?
sheets be available to all personnel? (a) Each light under part 149, subpart
(a) The person in charge must ensure E of this chapter, used as a navigation
that a material safety data sheet aid on a deepwater port, must be lit
(MSDS) for each hazardous material on continuously from sunset to sunrise.
the fixed or floating deepwater port is (b) During construction, a platform

made available to all personnel on the or single point mooring, if positioned
port. on the surface or within the net under
218
keel depth for tankers transiting with- ported to the District Commander by
in the safety zone, must be marked the fastest means available. The report
with at least one of the following: must identify:
(1) The obstruction lights required (1) The navigation aid affected;
for the structure in part 149, subpart E (2) The aid’s location;
of this chapter; (3) The nature of the problem; and
(2) The fixed lights of a vessel attend- (4) The estimated repair time.
ing the structure; or (b) When the problem is corrected,
(3) The general illumination lights on the District Commander must be noti-
the structure, if they meet or exceed fied.
the intensity required for obstruction
lights required for the structure. § 150.812 What is the purpose of re-
(c) The focal plane of each obstruc- porting casualties on deepwater
tion light and lit rotating beacon must ports?
always coincide with the horizontal The Coast Guard, upon receipt of a
plane that passes through the light reported marine casualty on a deep-
source. water port, as outlined in § 150.815 of
this part, will conduct an investigation
§ 150.720 What are the requirements to determine the cause of the incident
for sound signals? and to take appropriate measures to
The sound signal on each pumping promote safety of life and property.
platform complex must be operated The Coast Guard investigator will fol-
whenever the visibility in any hori- low the procedures outlined in 46 CFR
zontal direction from the structure is subpart 4.07 in conducting the inves-
less than 5 miles. If the platform is tigation.
under construction, this requirement [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
may be met by the use of a 2-second as amended by USCG–2013–0397, 78 FR 39183,
whistle blast, made every 20 seconds by July 1, 2013]
a vessel moored at the platform.
§ 150.815 How must casualties be re-
Subpart I—Reports and Records ported?
(a) Immediately after aiding the in-
§ 150.800 What does this subpart do? jured and stabilizing the situation, the
This subpart concerns reports and owner, operator, or person in charge of
records that the licensee must keep a deepwater port must notify the near-
and submit. est Sector, Marine Safety Unit, or
other Coast Guard unit of each event
REPORTS on, or involving, the deepwater port
that results in one or more of the fol-
§ 150.805 What reports must be sent lowing:
both to a classification society and (1) Loss of life;
to the Coast Guard?
(2) An injury that requires profes-
The licensee must submit to the Sec- sional medical treatment beyond first
tor Commander, or to the MSU Com- aid and, if the person is engaged or em-
mander, with COTP and OCMI author- ployed on the deepwater port, that ren-
ity a copy of each report submitted to ders the individual unfit to perform his
an authorized classification society, as or her routine duties;
defined in 46 CFR 8.100, for mainte- (3) Impairment of the port’s oper-
nance of a single point mooring’s class ations or primary lifesaving or fire-
under the rules of that society. fighting equipment; or
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, (4) Property damage in excess of
as amended by USCG–2013–0397, 78 FR 39183, $100,000, including damage resulting
July 1, 2013] from a vessel or aircraft striking the
port. This amount includes the cost of
§ 150.810 Reporting a problem with an labor and material to restore all af-
aid to navigation. fected items, including, but not limited
(a) Any problem affecting the oper- to, restoring the port and the vessel or
ation or characteristics of a navigation aircraft to their condition before the
aid at the deepwater port must be re- damage. This amount does not include
219
§ 150.820 33 CFR Ch. I (7–1–20 Edition)
the cost of salvage, cleaning, gas free- (d) The operator will ensure that the
ing, dry-docking, or demurrage of the written report is provided to the near-
port, vessel, or aircraft. est Bureau of Ocean Energy Manage-
(b) The notice under paragraph (a) of ment (BOEM) office when the deep-
this section must identify the fol- water port is co-located with a BOEM-
lowing: regulated facility.
(1) The deepwater port involved;
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
(2) The owner, operator, or person in as amended by USCG–2011–0257, 76 FR 31837,
charge of the port; June 2, 2011; USCG–2013–0397, 78 FR 39183,
(3) The nature and circumstances of July 1, 2013]
the event; and
(4) The nature and extent of the in- § 150.825 Reporting a diving-related
jury and damage resulting from the casualty.
event. Deaths and injuries related to diving
(c) The operator will ensure that the within the safety zone of a deepwater
report contains the information perti- port must be reported according to 46
nent to Outer Continental Shelf oper- CFR 197.484 and 197.486, rather than to
ations as outlined in part 140 of this §§ 150.815 and 150.820 of this part.
chapter when the deepwater port is co-
located on a facility regulated by the [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
Bureau of Ocean Energy Management. as amended by USCG–2013–0397, 78 FR 39183,
July 1, 2013]
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
as amended by USCG–2011–0257, 76 FR 31837, § 150.830 Reporting a pollution inci-
June 2, 2011; USCG–2013–0397, 78 FR 39183, dent.
July 1, 2013]
Oil pollution incidents involving a
§ 150.820 When must a written report deepwater port are reported according
of casualty be submitted, and what to §§ 135.305 and 135.307 of this chapter.
must it contain?
(a) In addition to the notice of cas- § 150.835 Reporting sabotage or sub-
ualty under § 150.815 of this part, the versive activity.
owner, operator, or person in charge of The owner, operator, or person in
a deepwater port must submit a writ- charge of a deepwater port must imme-
ten report of the event to the nearest diately report to the Sector Com-
Sector Commander, or the nearest mander, or the MSU Commander, with
MSU Commander, with COTP and COTP and OCMI authority, by the fast-
OCMI authority within 5 days of the est possible means, any evidence of
casualty notice. The report may be on sabotage or subversive activity against
Form 2692, Report of Marine Accident, any vessel at the deepwater port or
Injury, or Death, or in narrative form against the deepwater port itself.
if it contains all of the applicable in-
formation requested in Form 2692. Cop- [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
ies of Form 2692 are available from the as amended by USCG–2013–0397, 78 FR 39183,
Sector Commander, or from the MSU July 1, 2013]
Commander, with COTP and OCMI au-
RECORDS
thority.
(b) The written report must also in- § 150.840 What records must be kept?
clude the information relating to alco-
hol and drug involvement specified by (a) The licensee must keep copies at
46 CFR 4.05–12. The deepwater port op- the deepwater port of the reports,
erator will ensure compliance with the records, test results, and operating
chemical testing procedures outlined data required by this part. In the case
in 46 CFR part 16. of unmanned deepwater ports, these
(c) If filed immediately after the copies must be kept at the operator’s
event, the written report required by principal office rather than on the
paragraph (a) of this section serves as deepwater port.

the notice required under § 150.815 of (b) The copies must be readily avail-
this part. able to Coast Guard inspectors.
220
(c) Except for personnel records tection, and navigational safety at

under § 150.845 of this part, the copies deepwater ports and adjacent waters.
must be kept for 3 years. (b) Safety zones are the only feder-
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, ally regulated navigation areas. They
as amended by USCG–2013–0397, 78 FR 39183, accomplish these objectives by pre-
July 1, 2013] venting or controlling specific activi-
ties, limiting access by vessels or per-
§ 150.845 Personnel records. sons, and by protecting the living re-
The licensee must keep documenta- sources of the sea from harmful agents.
tion on the designation and qualifica- (c) The NAAs and ATBAs are estab-
tion of the supervisory positions, out- lished via the International Maritime
lined in the port operations manual, Organization (IMO). An NAA, specifi-
that are responsible for the manage- cally established to protect vessels in
ment of the deepwater port. These transit and sub-surface deepwater port
records must be kept for the life of the components, will be mandatory. An
deepwater port. ATBA will be a recommendatory rout-
ing measure.
§ 150.850 How long must a declaration (d) The sizes of restricted areas will
of inspection form be kept? be the minimum size needed to ensure
The licensee must keep signed copies safety, while at the same time consid-
of the declaration of inspection forms ering potential impacts on other ac-
required by § 150.430 of this part for one tivities, including recreational boat-
month from the date of signature. ing, fishing, and Outer Continental
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
Shelf activity.
July 1, 2013]
Subpart J—Safety Zones, No An-
choring Areas, and Areas To § 150.910 What installations, struc-
tures, or activities are prohibited in
Be Avoided a safety zone?
§ 150.900 What does this subpart do? No installations, structures, or ac-
(a) This subpart provides require- tivities that are incompatible with or
ments for the establishment, restric- that present an unacceptable risk to
tions, and location of safety zones, no safety of the deepwater port’s oper-
anchoring areas (NAAs), and areas to ations or activity are allowed in the
be avoided (ATBAs) around deepwater safety zone of a deepwater port.
ports.
§ 150.915 How are safety zones, no an-
(b) Subpart D of this part, concerning choring areas, and areas to be
vessel navigation and activities per- avoided established and modified?
mitted and prohibited at deepwater
ports, applies to safety zones, NAAs, (a) Safety zones are developed and
ATBAs, and their adjacent waters; and designated during the application proc-
supplements the International Regula- ess for a deepwater port license, and
tions for Preventing Collisions at Sea. may be established or modified through
(c) Recommended shipping safety rulemaking. Rulemakings will afford
fairways associated with deepwater prior public notice and comment, ex-
ports are described in part 166 of this cept when there is good cause not to do
chapter. so, for example due to an imminent
threat to the safety of life and prop-
§ 150.905 Why are safety zones, no an- erty.
choring areas, and areas to be (b) Before a safety zone, no anchoring
avoided established? area (NAA), or area to be avoided
(a) Safety zones, no anchoring areas (ATBA) is established, all factors detri-
(NAAs) and areas to be avoided mental to safety are considered, in-
(ATBAs) under this subchapter are es- cluding but not limited to:
tablished to promote safety of life and (1) The scope and degree of the risk
property, marine environmental pro- or hazard involved;
221
§ 150.920 33 CFR Ch. I (7–1–20 Edition)
(2) Vessel traffic characteristics and § 150.920 How can I find notice of new
trends, including traffic volume, the or proposed safety zones?
sizes and types of vessels involved, po- In addition to documents published
tential interference with the flow of in the FEDERAL REGISTER under
commercial traffic, the presence of any § 150.915 of this part, the District Com-
unusual cargoes, and other similar fac- mander may provide public notice of
tors; new or proposed safety zones by Broad-
(3) Port and waterway configurations cast Notices to Mariners, Notices to
and variations in local conditions of Mariners, Local Notices to Mariners,
geography, climate and other similar newspapers, broadcast stations, or
factors; other means.
(4) The need for granting exemptions [USCG–1998–3884, 71 FR 57651, Sept. 29, 2006,
for the installation and use of equip- as amended by USCG–2013–0397, 78 FR 39183,
ment or devices for use with vessel July 1, 2013]
traffic services for certain classes of
small vessels, such as self-propelled § 150.925 How long may a safety zone,
fishing vessels and recreational vessels; no anchoring area, or area to be
avoided remain in place?
(5) The proximity of fishing grounds,
oil and gas drilling and production op- A safety zone, no anchoring area, or
erations, or other potential or actual area to be avoided may go into effect
conflicting activity; as early as initial delivery of construc-
(6) Environmental factors; tion equipment and materials to the
(7) Economic impact and effects; deepwater port site, and may remain in
place until the deepwater port is re-
(8) Existing vessel traffic services;
moved.
and
(9) Local practices and customs, in- § 150.930 What datum is used for the
cluding voluntary arrangements and geographic coordinates in this sub-
agreements within the maritime com- part?
munity. The geographic coordinates used in
(c) The Executive Branch, acting this subpart have been revised to en-
through the Secretary of State and able plotting using the North American
Commandant (CG–5P) proposes NAAs Datum of 1983 (NAD 83) and no longer
and ATBAs for deepwater ports to the require the use of any further conver-
International Maritime Organization sion factors for correction.
(IMO) for approval. The ATBAs will be
[USCG–2007–27887, 72 FR 45903, Aug. 16, 2007]
implemented after IMO approval is
granted and announced in an IMO Cir- § 150.940 Safety zones for specific
cular, and after publication of a notice deepwater ports.
in the FEDERAL REGISTER. (a) Louisiana Offshore Oil Port
[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, (LOOP). (1) The location of the safety
as amended by USCG–2013–0397, 78 FR 39183, zone for LOOP is as described in Table
July 1, 2013] 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 deep-
water port’s pumping platform complex ........................................................................
222
TABLE 150.940(A)—SAFETY ZONE FOR LOOP, GULF OF MEXICO—Continued

(xiii) To the point of starting .............................................................................................. 28°55′24″ 90°00′37″
(2) The areas to be avoided within the Latitude N Longitude W

safety zone are:
28°52′22″ 89°57′47″
(i) The area encompassed within a
circle having a 600 meter radius around (b) Northeast Gateway Deepwater Port
the deepwater port’s pumping platform (NEGDWP)—(1) Location. The safety
complex and centered at 28°53′07″ N, zones for the NEGDWP consist of cir-
90°01′30″ W. cular zones, each with a 500-meter ra-
(ii) The six areas encompassed within dius and centered on each of the deep-
a circle having a 500 meter radius water port’s two submerged turret
around each single point mooring loading (STL) buoys. STL Buoy ‘‘A’’ is
(SPM) deepwater at the port and cen- centered at the following coordinates:
tered at: 42°23′38″ N, 070°35′31″ W. STL Buoy ‘‘B’’
Latitude N Longitude W is centered at the following coordi-
nates: 42°23′56″ N, 070°37′00″ W. Each
28°54′13″ 90°00′37″ safety zone is located approximately 13
28°53′17″ 89°59′59″
28°52′16″ 90°00′19″ miles south-southeast of the City of
28°51′46″ 90°01′25″ Gloucester, Massachusetts, in Federal
28°52′09″ 90°02′33″ waters.
28°53′08″ 90°03′02″
(2) No anchoring areas. Two manda-
tory no anchoring areas for NEGDWP
(3) The anchorage area within the
are established for all waters within
safety zone is an area enclosed by the
circles of 1,000-meter radii centered on
rhumb lines joining points at:
the submerged turret loading buoy po-
Latitude N Longitude W sitions set forth in paragraph (b)(1) of
this section.
28°52′22″ 89°57′47″
28°54′06″ 89°56′38″
(3) Area to be avoided. An area to be
28°52′05″ 89°52′42″ avoided (ATBA) for NEGDWP is as de-
28°50′21″ 89°53′51″ scribed in Table 150.940(B):
TABLE 150.940(B)—ATBA FOR NEGDWP
Longitude
Plotting guidance Latitude N 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 (ii) Notwithstanding paragraph

the general regulations set forth in 33 (b)(4)(i) of this section, tankers and
CFR 165.23 and elsewhere in this part, support vessels, as defined in 33 CFR
no person or vessel may enter the 148.5, operating in the vicinity of
waters within the boundaries of the NEGDWP are authorized to enter and
safety zones described in paragraph move within such zones in the normal
(b)(1) of this section unless previously course of their operations following the
authorized by the Captain of the Port requirements set forth in 33 CFR 150.340
(COTP) Boston, or his/her authorized and 150.345, respectively.

representative. (iii) All other vessel operators desir-
ing to enter, operate or conduct diving
223
§ 150.940 33 CFR Ch. I (7–1–20 Edition)
operations within a safety zone de- ‘‘A’’ is centered at the following co-
scribed in paragraph (b)(1) of this sec- ordinates: Latitude 42°29′12.3″ N, Lon-
tion must contact the COTP, or the gitude 070°36′29.7″ W; and STL Buoy
COTP’s authorized representative, to ‘‘B’’: Latitude 42°27′20.5″ N, Longitude
obtain permission by contacting the 070°36′07.3″ W. Each safety zone encom-
Sector Boston Command Center at 617– passes, within the respective 500-meter
223–5761 or via VHF–FM Channel 16 circles, the primary components of
(156.8 MHZ). Vessel operators given per- Neptune, including a submerged turret
mission to enter, operate, or conduct loading buoy and a pipeline end mani-
diving operations in a safety zone must fold. Each safety zone is located ap-
comply with all directions given to proximately eight nautical miles
them by the COTP or the COTP’s au- south-southeast of Gloucester, Massa-
thorized representative. chusetts, in Federal waters.
(iv) No vessel, other than a support (2) No anchoring areas. Two manda-
vessel or tanker calling on NEGDWP tory no anchoring areas for Neptune
may anchor in the area described in are established for all waters within
paragraph (b)(2) of this section. circles of 1,000-meter radii centered on
(c) Neptune Deepwater Port (Nep- the submerged turret loading buoy po-
tune)—(1) Location. The safety zones for sitions set forth in paragraph (c)(1) of
Neptune consist of circular zones, each this section.
with a 500-meter radius and centered (3) Area to be avoided. An area to be
on each of Neptune’s two submerged avoided (ATBA) for Neptune is as de-
turret loading (STL) buoys. STL Buoy scribed in Table 150.940(C):
TABLE 150.940(C)—ATBA FOR NEPTUNE
(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 COTP’s authorized representative to

the general regulations set forth in 33 obtain permission by contacting the
CFR 165.23 and elsewhere in this part, Sector Boston Command Center at 617–
no person or vessel may enter the 223–5761 or via VHF–FM Channel 16
waters within the boundaries of the (156.8 MHZ). Vessel operators given per-
safety zones described in paragraph mission to enter or operate in a safety
(c)(1) of this section unless previously zone must comply with all directions
authorized by the Captain of the Port given to them by the COTP or the
(COTP) Boston, or the COTP’s author- COTP’s authorized representative.
ized representative. (iv) No vessel, other than an LNGC or
(ii) Notwithstanding paragraph support vessel calling on Neptune, may
(c)(4)(i) of this section, liquefied nat- anchor in the area described in para-
ural gas carriers (LNGCs) and support graph (c)(2) of this section.
vessels, as defined in 33 CFR 148.5, call-
ing on Neptune, are authorized to enter [USCG–2007–27887, 72 FR 45903, Aug. 16, 2007,
and move within such zones in the nor- as amended by USCG–2007–0087, 73 FR 34194,
mal course of their operations fol- June 17, 2008; USCG–2009–0589, 75 FR 51376,
lowing the requirements set forth in 33 Aug. 20, 2010; USCG–2013–0397, 78 FR 39183,
July 1, 2013; USCG–2015–0433, 80 FR 44281,
CFR 150.340 and 150.345, respectively.
July 27, 2015]
(iii) All other vessel operators desir-
ing to enter, operate or conduct diving
operations within a safety zone de-

scribed in paragraph (c)(1) of this sec-
tion must contact the COTP or the
224
SUBCHAPTER O—POLLUTION
PART 151—VESSELS CARRYING OIL, 151.41 Operating requirements for ocean-

going ships with IOPP Certificates: Cat-
NOXIOUS LIQUID SUBSTANCES, egory C and D Oil-like NLSs.
GARBAGE, MUNICIPAL OR 151.43 Control of discharge of NLS residues.
COMMERCIAL WASTE, AND BAL- 151.47 Category D NLSs other than oil-like
LAST WATER Category D NLSs that may be carried
under this part.
151.49 Category C and D Oil-like NLSs al-
Subpart A—Implementation of MARPOL lowed for carriage.
73/78 and the Protocol on Environ-
mental Protection to the Antarctic GARBAGE POLLUTION AND SEWAGE
Treaty as it Pertains to Pollution from 151.51 Applicability.
Ships 151.53 Special areas for Annex V of
MARPOL 73/78.
GENERAL 151.55 Recordkeeping requirements.
151.57 Garbage management plans.
Sec.
151.59 Placards.
151.01 Purpose.
151.61 Inspection for compliance and en-
151.03 Applicability. forcement.
151.04 Penalties for violation. 151.63 Shipboard control of garbage.
151.05 Definitions. 151.65 Reporting requirements.
151.06 Special areas. 151.66 Operating requirements: Discharge of
151.07 Delegations. garbage in the Great Lakes and other
151.08 Denial of entry. navigable waters.
151.67 Operating requirements: Discharge of
OIL POLLUTION plastic prohibited.
151.09 Applicability. 151.69 Operating requirements: Discharge of
151.10 Control of oil discharges. garbage outside special areas.
151.11 Exceptions for emergencies.
garbage within special areas.
151.13 Special areas for Annex I of MARPOL
73/78.
garbage from fixed or floating platforms.
151.15 Reporting requirements. 151.75 Grinders or comminuters.
151.17 Surveys. 151.77 Exceptions for emergencies and
151.19 International Oil Pollution Preven- health risks.
tion (IOPP) Certificates. 151.79 Operating requirements: Discharge of
151.21 Ships of countries not party to sewage within Antarctica.
MARPOL 73/78.
151.23 Inspection for compliance and en- Subpart B—Transportation of Municipal
forcement. and Commercial Waste
151.25 Oil Record Book.
151.26 Shipboard oil pollution emergency 151.1000 Purpose.
plans. 151.1003 Applicability.
151.27 Plan submission and approval. 151.1006 Definitions.
151.28 Plan review and revision. 151.1009 Transportation of municipal or
151.29 Foreign ships. commercial waste.
151.1012 Applying for a conditional permit.
NOXIOUS LIQUID SUBSTANCE POLLUTION 151.1015 Issuing or denying the issuance of a
conditional permit.
151.30 Applicability. 151.1018 Withdrawal of a conditional permit.
151.31 Where to find requirements applying 151.1021 Appeals.
to oceangoing ships carrying Category A, 151.1024 Display of number.
B, C, and D NLS.
151.32 Special areas for the purpose of Subpart C—Ballast Water Management for
Annex II. Control of Nonindigenous Species in
151.33 Certificates needed to carry Category the Great Lakes and Hudson River
C Oil-like NLS.
151.35 Certificates needed to carry Category 151.1500 Purpose.
D NLS and Category D Oil-like NLS. 151.1502 Applicability.
151.37 Obtaining an Attachment for NLSs to 151.1504 Definitions.

the IOPP Certificate and obtaining an 151.1505 Severability.
NLS Certificate. 151.1506 Restriction of operation.
151.39 Operating requirements: Category D 151.1508 Revocation of clearance.
NLS.
225
§ 151.01 33 CFR Ch. I (7–1–20 Edition)
151.1510 Ballast water management require- Subpart A—Implementation of
ments.
151.1511 Ballast water discharge standard
MARPOL 73/78 and the Pro-
(BWDS). tocol on Environmental Pro-
151.1512 Implementation schedule for ap- tection to the Antarctic Treaty
proved ballast water management meth- as it Pertains to Pollution from
ods. Ships
151.1513 Extension of compliance date.
151.1514 Vessel safety.
151.1515 Ballast water management alter- AUTHORITY: 33 U.S.C. 1321, 1903, 1908; 46
natives under extraordinary conditions. U.S.C. 6101; Pub. L. 104–227 (110 Stat. 3034);
E.O. 12777, 3 CFR, 1991 Comp. p. 351; Depart-
151.1515 Ballast water management alter-
ment of Homeland Security Delegation No.
natives under extraordinary conditions.
170.1.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct bal- SOURCE: CGD 75–124a, 48 FR 45709, Oct. 6,
last water management. 1983, unless otherwise noted.
Subpart D—Ballast Water Management for GENERAL

Control of Nonindigenous Species in § 151.01 Purpose.
Waters of the United States
The purpose of this subpart is to im-
151.2000 Purpose and scope. plement the Act to Prevent Pollution
151.2005 Definitions. from Ships, 1980, as amended (33 U.S.C.
151.2010 Applicability. 1901–1911) and Annexes I, II and V of the
151.2013 Severability. International Convention for the Pre-
151.2015 Exemptions. vention of Pollution from Ships, 1973,
151.2020 Vessels in innocent passage. as modified by the Protocol of 1978 re-
151.2025 Ballast water management require- lating thereto (MARPOL 73/78), done at
ments. London on February 17, 1978. This sub-
151.2026 Alternate management systems.
part also implements the Antarctic
151.2030 Ballast water discharge standard
(BWDS).
Science, Tourism, and Conservation
151.2035 Implementation schedule for ap-
Act of 1996, and the Protocol on Envi-
proved ballast water management meth- ronmental Protection to the Antarctic
ods. Treaty done at Madrid on October 4,
151.2036 Extension of compliance date. 1991.
151.2040 Discharge of ballast water in ex- [CGD 88–002, 54 FR 18403, Apr. 28, 1989, as
traordinary circumstances. amended by CGD 88–002A, 55 FR 18582, May 2,
151.2050 Additional requirements—non- 1990; CGD 97–015, 62 FR 18045, Apr. 14, 1997;
indigenous species reduction practices. USCG–2000–7641, 66 FR 55570, Nov. 2, 2001]
151.2055 Deviation from planned voyage.
151.2060 Reporting requirements. § 151.03 Applicability.
151.2065 Equivalent reporting methods for
This subpart applies to each ship
vessels other than those entering the
Great Lakes or Hudson River after oper- that must comply with Annex I, II or V
ating outside the U.S. Exclusive Eco- of MARPOL 73/78 unless otherwise indi-
nomic Zone or Canadian equivalent. cated.
151.2070 Recordkeeping requirements. [CGD 88–002, 54 FR 18403, Apr. 28, 1989, as
151.2075 Enforcement and compliance. amended by CGD 88–002A, 55 FR 18582, May 2,
151.2080 Penalties. 1990; CGD 97–015, 62 FR 18045, Apr. 14, 1997]
Subpart E—Definition of Marine Debris for § 151.04 Penalties for violation.

the Purposes of the Marine Debris Re- (a) A person who violates MARPOL
search, Prevention, and Reduction Act 73/78, the Act, or the regulations of this
151.3000 Definition of marine debris for the subpart is liable for a civil penalty for
purposes of the Marine Debris Research, each violation, as provided by 33 U.S.C.
Prevention, and Reduction Act. 1908(b)(1). Each day of a continuing vio-
AUTHORITY: 33 U.S.C. 1321, 1902, 1903, 1908; 46
lation constitutes a separate violation.
(b) A person who makes a false, ficti-
U.S.C. 6101; Pub. L. 104–227 (110 Stat. 3034);

Pub. L. 108–293 (118 Stat. 1063), § 623; E.O. tious statement or fraudulent represen-
12777, 3 CFR, 1991 Comp. p. 351; DHS Delega- tation in any matter in which a state-
tion No. 0170.1, sec. 2(77). ment or representation is required to
226
be made to the Coast Guard under clean calm water on a clear day would
MARPOL 73/78, the Act, or the regula- not produce visible traces of oil on the
tions of this subpart, is liable for a surface of the water or adjoining shore-
civil penalty for each statement or rep- lines or cause a sludge or emulsion to
resentation, as provided by 33 U.S.C. be deposited beneath the surface of the
1908(b)(2). water or upon adjoining shorelines. If
(c) A person who knowingly violates the ballast is discharged through an oil
MARPOL 73/78, the Act, or the regula- discharge monitoring and control sys-
tions of this subpart commits a class D tem approved by the government of the
felony, as described in 18 U.S.C. 3551 et country under whose authority the
seq. In the discretion of the Court, an ship is operating, evidence based on
amount equal to not more than one- such a system, to the effect that the oil
half of the fine may be paid to the per- content of the effluent does not exceed
son giving information leading to con- 15 parts per million (ppm) is deter-
viction. minative that the ballast is clean.
(d) A ship operated in violation of Commandant means Commandant,
MARPOL 73/78, the Act, or the regula- U.S. Coast Guard.
tions of this subpart is liable in rem for Cooking oil means any type of edible
any civil penalty covered by paragraph oil or animal fat used or intended to be
(a) or (b) of this section, or any fine used for the preparation or cooking of
covered by paragraph (c) of this sec- food, but does not include the food
tion, and may be proceeded against in itself that is prepared using these oils.
the United States District Court of any
Discharge means any release, however
district in which the ship may be
caused, from a ship and includes any
found.
escape, disposal, spilling, leaking,
[CGD 88–002, 54 FR 18403, Apr. 28, 1989, as pumping, emitting or emptying. It does
amended by CGD 88–002A, 55 FR 18582, May 2, not include—
1990; CGD 92–007, 57 FR 33261, July 27, 1992; (1) Dumping within the meaning of
CGD 96–052, 62 FR 16703, Apr. 8, 1997; USCG–
1999–5832, 64 FR 34714, June 29, 1999]
the Convention on the Prevention of
Marine Pollution by Dumping of
§ 151.05 Definitions. Wastes and Other Matter, done at Lon-
don on 13 November 1972; or
As used in this subpart—
Act means the Act to Prevent Pollu- (2) Release of oil or oily mixtures di-
tion from Ships, as amended (33 U.S.C. rectly arising from the exploration, ex-
1901–1911). ploitation and associated off-shore
Antarctica means the area south of 60 processing of sea-bed mineral re-
degrees south latitude. sources.
Captain of the Port (COTP) means the Discharge, as defined by MARPOL in
Coast Guard officer designated by the relation to harmful substances or efflu-
Commandant to command a COTP ent containing such substances, means
Zone as described in part 3 of this chap- any release however caused from a
ter. ship, and includes any escape, disposal,
Cargo residues means the remnants of spilling, leaking, pumping, emitting or
any cargo which are not covered by emptying. It does not include—
other MARPOL Annexes and which re- (1) Dumping within the meaning of
main on the deck or in holds following the Convention on the Prevention of
loading or unloading, including loading Marine Pollution by Dumping of
and unloading excess or spillage, Wastes and Other Matter, done at Lon-
whether in wet or dry condition or en- don on November 13, 1972; or
trained in wash water, but does not in- (2) The release of harmful substances
clude cargo dust remaining on the deck directly arising from the exploration,
after sweeping or dust on the external exploitation, and associated offshore
surfaces of the ship. processing of seabed mineral resources;
Clean ballast means the ballast in a or
tank which, since oil was last carried (3) The release of harmful substances
therein, has been so cleaned that efflu- for purposes of legitimate scientific re-
ent therefrom, if it were discharged search relating to pollution abatement
from a ship that is stationary into or control.
227
§ 151.05 33 CFR Ch. I (7–1–20 Edition)
Dishwater means the liquid residue thereof generated as a result of fishing

from the manual or automatic washing activities undertaken during the voy-
of dishes and cooking utensils which age, or as a result of aquaculture ac-
have been pre-cleaned to the extent tivities which involve the transport of
that any food particles adhering to fish including shellfish for placement
them would not normally interfere in the aquaculture facility and the
with the operation of automatic dish- transport of harvested fish including
washers. shellfish from such facilities to shore
Domestic wastes means all types of for processing.
wastes not covered by other MARPOL Graywater means drainage from dish-
annexes that are generated in the ac- water, shower, laundry, bath, and
commodation spaces on board the ship. washbasin drains. It does not include
Domestic wastes do not include drainage from toilets, urinals, hos-
graywater. pitals, animal spaces, and cargo spaces.
En route means that the ship is un- Great Lakes means the Great Lakes of
derway at sea on a course or courses, North America and the St. Lawrence
including deviation from the shortest River west of a rhumb line drawn from
direct route, which as far as prac- Cap des Rosiers to West Point, Anti-
ticable for navigational purposes, will costi Island, and, on the north side of
cause any discharge to be spread over Anticosti Island, the meridian of lon-
as great an area of the sea as is reason- gitude 63 degrees west.
able and practicable. Harmful substance means any sub-
Existing ship means a ship that is not stance which, if introduced into the
a new ship. sea, is liable to create hazards to
Fishing gear means any physical de- human health, harm living resources
vice or part thereof or combination of and marine life, damage amenities, or
items that may be placed on or in the interfere with other legitimate uses of
water or on the sea-bed with the in- the sea, and includes any substance
tended purpose of capturing, or con- subject to control by MARPOL.
trolling for subsequent capture or har- Harmful to the marine environment in
vesting, marine or fresh water orga- relation to the discharge of:
nisms. (1) Cargo residues means residues of
Fixed or floating drilling rig or other solid bulk substances which are classi-
platform means a fixed or floating fied according to the criteria of the
structure located at sea which is en- United Nations Globally Harmonized
gaged in the exploration, exploitation, System for Classification and Labeling
or associated offshore processing of of Chemicals (UN GHS) meeting the
sea-bed mineral resources. following parameters:
Food wastes means any spoiled or un- (i) Acute Aquatic Toxicity Category
spoiled food substances and includes 1; and/or
fruits, vegetables, dairy products, poul- (ii) Chronic Aquatic Toxicity Cat-
try, meat products and food scraps gen- egory 1 or 2; and/or
erated aboard ship. (iii) Carcinogenicity Category 1A or
Fuel oil means any oil used to fuel 1B combined with not being rapidly de-
the propulsion and auxiliary machin- gradable and having high bioaccumula-
ery of the ship carrying the fuel. The tion; and/or
term ‘‘fuel oil’’ is also known as ‘‘oil (iv) Mutagenicity Category 1A or 1B
fuel.’’ combined with not being rapidly de-
Garbage means all kinds of food gradable and having high bioaccumula-
wastes, domestic wastes and oper- tion; and/or
ational wastes, all plastics, cargo resi- (v) Reproductive Toxicity Category
dues, cooking oil, fishing gear, and ani- 1A or 1B combined with not being rap-
mal carcasses generated during the idly degradable and having high bio-
normal operation of the ship and liable accumulation; and/or
to be disposed of continuously or peri- (vi) Specific Target Organ Toxicity
odically except those substances which Repeated Exposure Category 1 com-
are defined or listed in other Annexes bined with not being rapidly degrad-
to the present Convention. Garbage able and having high bioaccumulation;
does not include fresh fish and parts and/or
228
(vii) Solid bulk cargoes containing or for the Implementation of MARPOL

consisting of synthetic polymers, rub- Annex V (IMO Resolution
ber, plastics, or plastic feedstock pel- MEPC.219(63), adopted March 2, 2012)
lets (this includes materials that are and other garbage pollution related
shredded, milled, chopped, or mac- guidance approved or adopted by the
erated or similar materials). IMO.
(2) Cleaning agents or additives Length means the horizontal distance
means a cleaning agent or additive between the foremost part of a ship’s
that is: stem to the aftermost part of its stern,
(i) A ‘‘harmful substance’’ in accord- excluding fittings and attachments.
ance with the criteria in MARPOL Major conversion means a conversion
Annex III; and/or of an existing ship—
(ii) Contains any components which
(1) That substantially alters the di-
are known to be carcinogenic, muta-
mensions or carrying capacity of the
genic, or reprotoxic.
ship; or
Notes to definition of Harmful to the
marine environment: (2) That changes the type of the ship;
1. These criteria are based on UN or
GHS, fourth revised edition (2011). For (3) The intent of which, in the opin-
specific products (e.g., metals and inor- ion of the government of the country
ganic metal compounds), guidance under whose authority the ship is oper-
available in UN GHS, annexes 9 and 10 ating, is substantially to prolong its
is essential for proper interpretation of life; or
the criteria and classification and (4) Which otherwise so alters the ship
should be followed. that, if it were a new ship, it would be-
2. These are products with a hazard come subject to relevant provisions of
statement classification for Carcino- MARPOL not applicable to it as an ex-
genicity, Mutagenicity, Reproductive isting ship.
Toxicity, or Specific Target Organ Marine pollutant means a harmful
Toxicity Repeated Exposure for oral substance in packaged form, as it ap-
hazards, dermal hazards, or without pears in Appendix B of 49 CFR 172.101.
specification of the exposure route. MARPOL means the International
High viscosity Category B NLS means Convention for the Prevention of Pol-
any Category B NLS having a viscosity lution from Ships, 1973, as modified by
of at least 25 mPa.s at 20 °C and at the Protocols of 1978 and 1997 relating
least 25 mPa.s at the time it is un- to that Convention. A copy of
loaded. MARPOL is available from the Inter-
High viscosity Category C NLS means national Maritime Organization, 4 Al-
any Category C NLS having a viscosity bert Embankment, London, SE1, 7SR,
of at least 60 mPa.s at 20 °C and at United Kingdom.
least 60 mPa.s at the time it is un-
Medical waste means isolation wastes,
loaded.
infectious agents, human blood and
High viscosity NLS includes Category
blood products, pathological wastes,
A NLSs having a viscosity of at least 25
sharps, body parts, contaminated bed-
mPa.s at 20 °C and at least 25 mPa.s at
the time they are unloaded, high vis- ding, surgical wastes and potentially
cosity Category B NLSs, and high vis- contaminated laboratory wastes, dialy-
cosity Category C NLSs. sis wastes, and such additional medical
Incinerator ashes means ash and items as prescribed by the Adminis-
clinkers resulting from shipboard in- trator of the EPA by regulation.
cinerators used for the incineration of Navigable waters means the territorial
garbage. sea of the United States (as defined in
Instantaneous rate of discharge of oil Presidential Proclamation 5928 of De-
content means the rate of discharge of cember 27, 1988) and the internal waters
oil in liters per hour at any instant di- of the United States.
vided by the speed of the ship in knots Nearest land. The term ‘‘from the
at the same instant. nearest land’’ means from the baseline

International Maritime Organization from which the territorial sea of the
(IMO) guidelines means the guidelines territory in question is established in
229
§ 151.05 33 CFR Ch. I (7–1–20 Edition)
accordance with international law, ex- the column headed ‘‘Pollution Cat-
cept that, for the purposes of these reg- egory’’ in Table 1 of 46 CFR Part 153;
ulations, ‘‘from the nearest land’’ off and
the northeastern coast of Australia (3) Each substance that is identified
shall mean from a line drawn from a as an NLS in a written permission
point on the coast of Australia in—lati- issued under 46 CFR 153.900 (d).
tude 11°00′ South, longitude 142°08′ East Oceangoing ship means a ship that—
to a point in—latitude 10°35′ South, (1) Is operated under the authority of
longitude 141°55′ East, thence to a the United States and engages in inter-
point—latitude 10°00′ South, longitude national voyages;
142°00′ East, thence to a point—latitude (2) Is operated under the authority of
9°10′ South, longitude 143°52′ East, the United States and is certificated
thence to a point—latitude 9°00′ South, for ocean service;
longitude 144°30′ East, thence to a (3) Is operated under the authority of
point—latitude 10°41′ South, longitude the United States and is certificated
145°00′ East, thence to a point—latitude for coastwise service beyond three
13°00′ South, longitude 145°00′ East, miles from land;
thence to a point—latitude 15°00′ (4) Is operated under the authority of
South, longitude 146°00′ East, thence to the United States and operates at any
a point—latitude 17°30′ South, lon- time seaward of the outermost bound-
gitude 147°00′ East, thence to a point— ary of the territorial sea of the United
latitude 21°00′ South, longitude 152°55′ States as defined in § 2.22 of this chap-
East, thence to a point on the coast of ter; or
Australia in latitude 24°42′ South, lon- (5) Is operated under the authority of
gitude 153°15′ East. a country other than the United
New ship means a ship— States.
(1) For which the building contract is NOTE: A Canadian or U.S. ship being oper-
placed after December 31, 1975; or ated exclusively on the Great Lakes of North
(2) In the absence of a building con- America or their connecting and tributary
tract, the keel of which is laid or which waters, or exclusively on the internal waters
is at a similar stage of construction of the United States and Canada; is not an
after June 30, 1976; or ‘‘oceangoing’’ ship.
(3) The delivery of which is after De- Oil means petroleum whether in
cember 31, 1979; or solid, semi-solid, emulsified, or liquid
(4) That has undergone a major conform, including but not limited to,
version— crude oil, fuel oil, sludge, oil refuse, oil
(i) For which the contract is placed residue, and refined products, and,
after December 31, 1975; without limiting the generality of the
(ii) In the absence of a contract, the foregoing, includes the substances list-
construction work of which is begun ed in Appendix I of Annex I of
after June 30, 1976; or MARPOL. ‘‘Oil’’ does not include ani-
(iii) That is completed after Decem- mal and vegetable based oil or noxious
ber 31, 1979. liquid substances (NLS) designated
(5) For the purposes of §§ 151.26 under Annex II of MARPOL.
through 151.28, which is delivered on or Oil cargo residue means any residue of
after April 4, 1993. oil cargo whether in solid, semi-solid,
NLS means Noxious Liquid Sub- emulsified, or liquid form from cargo
stance. tanks and cargo pump room bilges, in-
NLS Certificate means an Inter- cluding but not limited to, drainages,
national Pollution Prevention Certifi- leakages, exhausted oil, muck,
cate for the Carriage of Noxious Liquid clingage, sludge, bottoms, paraffin
Substances in Bulk issued under (wax), and any constituent component
MARPOL. of oil. The term ‘‘oil cargo residue’’ is
Noxious liquid substance (NLS) also known as ‘‘cargo oil residue.’’
means— Oil residue means oil cargo residue.
(1) Each substance listed in § 151.47 or Oil residue (sludge) means the residual
§ 151.49; waste oil products generated during

(2) Each substance having an ‘‘A’’, the normal operation of a ship such as
‘‘B’’, ‘‘C’’, or ‘‘D’’ beside it’s name in those resulting from the purification of
230
fuel or lubricating oil for main or aux- line hull cleaning (not harmful to the
iliary machinery, separated waste oil marine environment), firemain sys-
from oil filtering equipment, waste oil tems water, gas turbine wash water,
collected in drip trays, and waste hy- and/or non-oily machinery wastewater.
draulic and lubricating oils. Person means an individual, firm,
Oil residue (sludge) tank means a tank public or private corporation, partner-
which holds oil residue (sludge) from ship, association, State, municipality,
which sludge may be disposed directly commission, political subdivision of a
through the standard discharge connec- State, or any interstate body.
tion or any other approved means of Plastic means a solid material, which
disposal. contains as an essential ingredient one
Oil tanker means a ship constructed or more high molecular mass polymers,
or adapted primarily to carry oil in and which is formed (shaped) during ei-
bulk in its cargo spaces and includes ther the manufacture of the polymer or
combination carriers and any ‘‘chem- the fabrication into a finished product
ical tanker’’ as defined in Annex II of
by heat and/or pressure. Plastics have
MARPOL when it is carrying a cargo
material properties ranging from hard
or part cargo of oil in bulk.
and brittle to soft and elastic. For the
Oil-like NLS means each cargo listed
purposes of these regulations, ‘‘all plas-
in § 151.49.
tics’’ means all garbage that consists
Oily bilge water means water which
may be contaminated by oil resulting of or includes plastic in any form, in-
from things such as leakage or mainte- cluding synthetic ropes, synthetic fish-
nance work in machinery spaces. Any ing nets, plastic garbage bags and in-
liquid entering the bilge system includ- cinerator ashes from plastic products.
ing bilge wells, bilge piping, tank top Port means—
or bilge holding tanks is considered (1) A group of terminals that com-
oily bilge water. bines to act as a unit and be considered
Oily bilge water holding tank means a a port for the purposes of this subpart;
tank collecting oily bilge water prior (2) A port authority or other organi-
to its discharge, transfer or disposal. zation that chooses to be considered a
Oily mixture means a mixture, in any port for the purposes of this subpart; or
form, with any oil content. ‘‘Oily mix- (3) A place or facility that has been
ture’’ includes, but is not limited to— specifically designated as a port by the
(1) Slops from bilges; COTP.
(2) Slops from oil cargoes (such as Prewash means a tank washing oper-
cargo tank washings, oily waste, and ation that meets the procedure in 46
oily refuse); CFR 153.1120.
(3) Oil residue (sludge); and Recognized Classification Society
(4) Oily ballast water from cargo or means a classification society that is a
fuel oil tanks. participating member of the Inter-
Operational wastes means all solid national Association of Classification
wastes (including slurries) not covered Societies (IACS).
by other MARPOL Annexes that are
Recycling means the activity of segre-
collected on board during normal
gating and recovering components and
maintenance or operations of a ship, or
used for cargo stowage and handling. materials for reprocessing.
Operational wastes also include clean- Residues and mixtures containing NLSs
ing agents and additives contained in (NLS residue) means—
cargo hold and external wash water. (1) Any Category A, B, C, or D NLS
Operational wastes does not include cargo retained on the ship because it
discharges essential to the operation of fails to meet consignee specifications;
a ship, including but not limited to (2) Any part of a Category A, B, C, or
graywater, bilge water, ballast water, D NLS cargo remaining on the ship
controllable pitch propeller and thrust- after the NLS is discharged to the con-
er hydraulic fluid and other oil to sea signee, including but not limited to
interfaces (e.g., thruster bearings, sta- puddles on the tank bottom and in
bilizers, rudder bearings, etc.), deck sumps, clingage in the tanks, and sub-
washdown and runoff and above water stance remaining in the pipes; or
231
§ 151.06 33 CFR Ch. I (7–1–20 Edition)
(3) Any material contaminated with or subject to the jurisdiction of the

Category A, B, C, or D NLS cargo, in- United States and used, or intended to
cluding but not limited to bilge slops, be used, as a port or facility for the
ballast, hose drip pan contents, and transfer or other handling of a harmful
tank wash water. substance.
Segregated ballast means the ballast NOTE: The Coast Guard interprets commer-
water introduced into a tank that is cial fishing facilities, recreational boating
completely separated from the cargo facilities, and mineral and oil industry
shorebases to be terminals for the purposes
oil and fuel oil system and that is per-
of Annex V of MARPOL, since these facili-
manently allocated to the carriage of ties normally provide wharfage and other
ballast or to the carriage of ballast or services, including garbage handling, for
cargoes other than oil or noxious sub- ships.
stances as variously defined in the An- U.S. inspected ships means those ship
nexes of MARPOL. required to be inspected and certifi-
Ship means a vessel of any type what- cated under 46 CFR 2.01–7.
soever, operating in the marine envi-
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983; 48 FR
ronment. This includes hydrofoils, air- 54977, Dec. 8, 1983]
cushion vehicles, submersibles, float-
ing craft whether self-propelled or not, EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 151.05, see the List of CFR
and fixed or floating drilling rigs and Sections Affected, which appears in the
other platforms. Finding Aids section of the printed volume
Shipboard oil pollution emergency plan and at www.govinfo.gov.
means a plan prepared, submitted, and
maintained according to the provisions § 151.06 Special areas.
of §§ 151.26 through 151.28 of this sub- (a) For the purposes of this part, the
part for United States ships or main- navigational descriptions of the special
tained according to the provisions of areas are as follows:
§ 151.29(a) of this subpart for foreign (1) The Mediterranean Sea area
ships operated under the authority of a means the Mediterranean Sea proper
country that is party to MARPOL or including the gulfs and seas therein,
carried on board foreign ships operated with the boundary between the Medi-
under the authority of a country that terranean and the Black Sea con-
is not a party to MARPOL, while in the stituted by the 41° N parallel and
navigable waters of the United States, bounded to the west by the Straits of
as evidence of compliance with § 151.21 Gibraltar at the meridian of 5°36′ W.
of this subpart. (2) The Baltic Sea means the Baltic
Solidifying NLS means a Category A, Sea proper with the Gulf of Bothnia,
B, or C NLS that has a melting point— the Gulf of Finland, and the entrance
(1) Greater than 0 °C but less than 15 to the Baltic Sea bounded by the par-
°C and a temperature, measured under allel of the Skaw in the Skagerrak at
the procedure in 46 CFR 153.908(d), that 57°44.8′ N.
is less than 5 °C above its melting point (3) The Black Sea area means the
at the time it is unloaded; or Black Sea proper with the boundary
(2) 15 °C or greater and a tempera- between the Mediterranean Sea and the
ture, measured under the procedure in Black Sea constituted by the parallel
46 CFR 153.908(d), that is less than 10 °C 41° N.
above its melting point at the time it (4) The Red Sea area means the Red
is unloaded. Sea proper including the Gulfs of Suez
Special area means a sea area, where and Aqaba bounded at the south by the
for recognized technical reasons in re- rhumb line between Ras si Ane (12°8.5′
lation to its oceanographical and eco- N, 43°19.6′ E) and Husn Murad (12°40.4′
logical condition and to the particular N, 43°30.2′ E).
character of the traffic, the adoption of (5) The Gulfs areas means the sea
special mandatory methods for the pre- area located northwest of the rhumb
vention of sea pollution by oil, NLSs, line between Ras al Hadd (22°30′ N,
or garbage is required. 59°48′ E) and Ras al Fasteh (25°04′ N,
Terminal means an onshore facility or 61°25′ E).

an offshore structure located in the (6) The Gulf of Aden areas means the
navigable waters of the United States part of the Gulf of Aden between the
232
Red Sea and the Arabian Sea bounded 32°32′ S; 016°52′ E

to the west by the rhumb line between 34°06′ S; 017°24′ E
Ras si Ane (12°28.5′ N, 43°19.6′ E) and 36°58′ S; 020°54′ E
Husn Murad (12°40.4′ N, 43°30.2′ E) and 36°00′ S; 022°30′ E
to the east by the rhumb line between 35°14′ S; 022°54′ E
Ras Asir (11°50′ N, 51°16.9′ E) and the 34°30′ S; 026°00′ E
Ras Fartak (15°35′ N, 52°13.8′ E). 33°48′ S; 027°25′ E
(7) The Antarctic areas means the sea 33°27′ S; 027°12′ E
south of 60° south latitude.
(11) The North Sea area means the
(8) The North West European waters
North Sea proper, including seas with-
mean the North Sea and its ap-
in the North Sea southwards of lati-
proaches, the Irish Sea and its ap-
tude 62° N and eastwards of longitude 4°
proaches, the Celtic Sea, the English
W; the Skagerrak, the southern limit
Channel and its approaches and part of
of which is determined east of the
the North East Atlantic immediately
Skaw by latitude 57°44.8′ N; and the
to the west of Ireland. The area is
English Channel and its approaches
bounded by lines joining the following
eastwards of longitude 5° W.
points:
(12) The Wider Caribbean region means
48°27′ N on the French coast the Gulf of Mexico and Caribbean Sea
48°27′ N; 006°25′ W proper, including the bays and seas
49°52′ N; 007°44′ W therein and that portion of the Atlan-
50°30′ N; 012° W tic Ocean within the boundary con-
56°30′ N; 012° W stituted by the 30° N parallel from
62° N; 003° W Florida eastward to 77°30′ W meridian,
62°′ N on the Norwegian coast thence a rhumb line to the intersection
57°44′.8 N on the Danish and Swedish of 20° N parallel and 59° W meridian,
coasts. thence a rhumb line to the intersection
(9) The Oman area of the Arabian Sea of 7°20′ N parallel and 50° W meridian,
means the sea enclosed by the fol- thence a rhumb line drawn southwest-
lowing co-ordinates: erly to the eastern boundary of French
22°30′.00 N; 059°48′.00 E Guiana.
23°47′.27 N; 060°35′.73 E (b) Special areas for the purpose of
22°40′.62 N; 062°25′.29 E Annex I of MARPOL 73/78 include those
21°47′.40 N; 063°22′.22 E referenced in § 151.13. Special areas for
20°30′.37 N; 062°52′.41 E the purposes of Annex II of MARPOL
19°45′.90 N; 062°25′.97 E 73/78 include those referenced in § 151.32.
18°49′.92 N; 062°02′.94 E Special areas for the purpose of Annex
17°44′.36 N; 061°05′.53 E V of MARPOL 73/78 include those ref-
16°43′.71 N; 060°25′.62 E erenced in § 151.53.
16°03′.90 N; 059°32′.24 E [CGD 94–056, 60 FR 43377, Aug. 21, 1995, as
15°15′.20 N; 058°58′.52 E amended by USCG–2008–0179, 73 FR 35013,
14°36′.93 N; 058°10′.23 E June 19, 2008]
14°18′.93 N; 057°27′.03 E
14°11′.53 N; 056°53′.75 E § 151.07 Delegations.
13°53′.80 N; 056°19′.24 E Each Coast Guard official designated
13°45′.86 N; 055°54′.53 E as a Captain of the Port (COTP) or Offi-
14°27′.38 N; 054°51′.42 E cer in Charge, Marine Inspection
14°40′.10 N; 054°27′.35 E (OCMI) or Commanding Officer, Sector
14°46′.21 N; 054°08′.56 E Office, is delegated the authority to—
15°20′.74 N; 053°38′.33 E (a) Issue International Oil Pollution
15°48′.69 N; 053°32′.07 E Prevention (IOPP) Certificates;
16°23′.02 N; 053°14′.82 E (b) Detain or deny entry to ships not
(10) The Southern South African waters in substantial compliance with
means the sea area enclosed by the fol- MARPOL 73/78 or not having an IOPP
lowing co-ordinates: Certificate or evidence of compliance
31°14′ S; 017°50′ E with MARPOL 73/78 on board;

31°30′ S; 017°12′ E (c) Receive and investigate reports
32°00′ S; 017°06′ E under § 151.15; and
233
§ 151.08 33 CFR Ch. I (7–1–20 Edition)
(d) Issue subpoenas to require the at- (3) Is operated under the authority of
tendance of any witness and the pro- the United States and is certificated
duction of documents and other evi- for coastwise service beyond three nau-
dence, in the course of investigations tical miles from land;
of potential violations of the Act to (4) Is operated under the authority of
Prevent Pollution from Ships, as the United States and operates at any
amended (33 U.S.C. 1901–1911), this sub- time seaward of the outermost bound-
part, or MARPOL 73/78. ary of the territorial sea of the United
States as defined in § 2.22(a)(2) of this
[CGD 88–002, 54 FR 18404, Apr. 28, 1989, as
amended by CGD 88–002A, 55 FR 18582, May 2, chapter; or
1990; USCG–2006–25556, 72 FR 36328, July 2, (5) Is operated under the authority of
2007] a country other than the United States
while in the navigable waters of the
§ 151.08 Denial of entry. United States, or while at a port or ter-
(a) Unless a ship is entering under minal under the jurisdiction of the
force majeure, no oceangoing tanker or United States.
any other oceangoing ship of 400 gross (b) Sections 151.09 through 151.25 do
tons or more required by § 151.10 to re- not apply to—
tain oil, oil residue, or oily mixtures on (1) A warship, naval auxiliary, or
board while at sea, and no oceangoing other ship owned or operated by a
ship carrying a Category A, B, or C country when engaged in noncommer-
NLS cargo or NLS residue in cargo cial service;
tanks that are required to be (2) A Canadian or U.S. ship being op-
prewashed under 46 CFR Part 153, may erated exclusively on the Great Lakes
enter any port or terminal under of North America or their connecting
§ 158.110(a) of this chapter unless the and tributary waters;
port or terminal has a Certificate of (3) A Canadian or U.S. ship being op-
Adequacy, as defined in § 158.120 of this erated exclusively on the internal
chapter. waters of the United States and Can-
(b) A COTP may deny the entry of a ada; or
ship to a port or terminal under (4) Any other ship specifically ex-
§ 158.110(b) if— cluded by MARPOL 73/78.
(1) The port or terminal does not NOTE TO § 151.09(b): The term ‘‘internal
have a Certificate of Adequacy, as re- waters’’ is defined in § 2.24 of this chapter.
quired in § 158.135 of this chapter; or (c) Sections 151.26 through 151.28
(2) The port or terminal is not in apply to each United States oceangoing
compliance with the requirements of ship specified in paragraphs (a)(1)
subpart D of part 158. through (a)(4) of this section which is—
(1) An oil tanker of 150 gross tons and
[CGD 88–002, 54 FR 18404, Apr. 28, 1989, as
above or other ship of 400 gross tons
Nov. 2, 2001] and above; or
(2) A fixed or floating drilling rig or
OIL POLLUTION other platform, when not engaged in
the exploration, exploitation, or asso-
SOURCE: Sections 151.09 through 151.25 ap- ciated offshore processing of seabed
pear by CGD 75–124a, 48 FR 45709, Oct. 6, 1983, mineral resources.
unless otherwise noted. (d) The requirements of §§ 151.26
through 151.28—
§ 151.09 Applicability. (1) Do not apply to—
(a) Except as provided in paragraph (i) The ships specified in paragraph
(b) of this section, §§ 151.09 through (b) of this section; and
151.25 apply to each ship that— (ii) Any barge or other ship, which is
(1) Is operated under the authority of constructed or operated in such a man-
the United States and engages in inter- ner that no oil in any form can be car-
national voyages; ried aboard.
(2) Is operated under the authority of (2) Are considered to be met if a U.S.-
the United States and is certificated flag vessel holds a USCG-approved ves-
for ocean service; sel response plan and provides evidence
234
of compliance with 33 CFR part 155, (5) The oily-water separating equip-
subpart D or J requirements. ment is equipped with a 15 ppm bilge
(e) Section 151.26(b)(5) applies to all alarm; for U.S. inspected ships, ap-
vessels subject to the jurisdiction of proved under 46 CFR 162.050 and for
the United States and operating in U.S. uninspected ships and foreign
Antarctica. ships, either approved under 46 CFR
162.050 or listed in the current Inter-
[CGD 88–002, 54 FR 18404, Apr. 28, 1989, as
national Maritime Organization (IMO)
amended by CGD 88–002A, 55 FR 18582, May 2,
1990; CGD 93–030, 59 FR 51338, Oct. 7, 1994; Marine Environment Protection Com-
CGD 97–015, 62 FR 18045, Apr. 14, 1997; USCG– mittee (MEPC) Circular summary of
2006–25150, 71 FR 39209, July 12, 2006; USCG– MARPOL 73/78 approved equipment.
2007–27887, 72 FR 45904, Aug. 16, 2007; USCG– NOTE: In the navigable waters of the
2008–0179, 73 FR 35013, June 19, 2008; USCG– United States, the Federal Water Pollution
2008–1070, 78 FR 60120, Sept. 30, 2013] Control Act (FWPCA), section 311(b)(3) and
40 CFR Part 110 govern all discharges of oil
§ 151.10 Control of oil discharges. or oily-mixtures.
(c) The overboard discharge of any oil
(a) When more than 12 nautical miles
cargo residues and oily mixtures that
from the nearest land, any discharge of
include oil cargo residues from an oil
oil or oily mixtures into the sea from a
tanker is prohibited, unless discharged
ship other than an oil tanker or from
in compliance with part 157 of this
machinery space bilges of an oil tanker
chapter.
is prohibited except when all of the fol-
(d) When more than 12 nautical miles
lowing conditions are satisfied—
from the nearest land, any discharge of
(1) The oil or oily mixture does not
oil or oily mixtures into the sea from a
originate from cargo pump room
ship other than an oil tanker or from
bilges;
machinery space bilges of an oil tank-
(2) The oil or oily mixture is not
er; that is not proceeding enroute;
mixed with oil cargo residues;
shall be in accordance with paragraphs
(3) The ship is not within a special
(b)(1), (b)(2), (b)(3), (b)(4), and (b)(5) of
area;
this section.
(4) The ship is proceeding enroute;
(e) The provisions of paragraphs (a),
(5) The oil content of the effluent (b), (c) and (d) of this section do not
without dilution is less than 15 parts apply to the discharge of clean or seg-
per million (ppm); and regated ballast.
(6) The ship has in operation oily- (f) The person in charge of an ocean-
water separating equipment, a bilge going ship that cannot discharge oily
monitor, bilge alarm, or combination mixtures into the sea in compliance
thereof as required by part 155 subpart with paragraphs (a), (b), (c), or (d) of
B of this chapter. this section must ensure that those
(b) When within 12 nautical miles of oily mixtures are—
the nearest land, any discharge of oil (1) Retained on board; or
or oily mixtures into the sea from a (2) Discharged to a reception facility.
ship other than an oil tanker or from If the reception facility is in a port or
machinery space bilges of an oil tanker terminal in the United States, each
is prohibited except when all of the fol- person who is in charge of each ocean-
lowing conditions are satisfied— going tanker or any other oceangoing
(1) The oil or oily mixture does not ship of 400 gross tons or more shall no-
originate from cargo pump room tify the port or terminal, at least 24
bilges; hours before entering the port or ter-
(2) The oil or oily mixture is not minal, of—
mixed with oil cargo residues; (i) The estimated time of day the
(3) The oil content of the effluent ship will discharge oily mixtures;
without dilution does not exceed 15 (ii) The type of oily mixtures to be
ppm; discharged; and
(4) The ship has in operation oily- (iii) The volume of oily mixtures to
water separating equipment, a bilge be discharged.
monitor, bilge alarm, or combination NOTE: There are Federal, state, or local
thereof as required by part 155 subpart laws or regulations that could require a writ-
B of this chapter; and ten description of the oil residues and oily
235
§ 151.11 33 CFR Ch. I (7–1–20 Edition)
mixtures to be discharged. For example, a § 151.13 Special areas for Annex I of
residue or mixture containing oil might have MARPOL 73/78.
a flashpoint less than 60 °C (140 °F) and thus
have the characteristic of ignitability under (a) For the purposes of §§ 151.09
40 CFR 261.21, which might require a descrip- through 151.25 of this subpart, the spe-
tion of the waste for a manifest under 40 CFR cial areas are the Mediterranean Sea
Part 262, subpart B. Occupational safety and area, the Baltic Sea area, the Black
health concerns may be covered, as well as Sea area, the Red Sea area, the Gulfs
environmental ones. area, the Gulf of Aden, the Antarctic
The notice required in this section is in ad- area, the North West European waters,
dition to those required by other Federal, the Oman area of the Arabian Sea, and
state, and local laws and regulations. Af- the Southern South African Waters,
fected persons should contact the appro- which are described in § 151.06 of this
priate Federal, state, or local agency to de- subpart. The discharge restrictions are
termine whether other notice and informa- effective in the Mediterranean Sea,
tion requirements, including 40 CFR Parts Baltic Sea, Black Sea, and the Ant-
262 and 263, apply to them.
arctic area.
(g) No discharge into the sea shall (b) Subject to the provisions of
contain chemicals or other substances § 151.11—
introduced for the purpose of circum- (1) A ship of 400 gross tons or over
venting the conditions of discharge and any oil tanker may not discharge
specified in this regulation. oil or oily mixture within a special
(h) This section does not apply to a area. In the Antarctic area, discharge
fixed or floating drilling rig or other into the sea of oil or oily mixture from
platform that is operating under a Na- any ship is prohibited.
tional Pollutant Discharge Elimination (2) A ship of less than 400 gross tons
System (NPDES) permit. other than an oil tanker may not dis-
charge oil or oily mixture within a spe-
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as
cial area, unless the oil content of the
amended by CGD 78–035, 50 FR 36793, Sept. 9,
effluent without dilution does not ex-
1985. Redesignated by CGD 88–002, 54 FR
18404, Apr. 28, 1989; USCG–1998–3799, 63 FR ceed 15 parts per million (ppm).
35530, June 30, 1998; USCG–2000–7641, 66 FR (3) All ships operating in the Ant-
55571, Nov. 2, 2001] arctic area must have on board a tank
or tanks of sufficient capacity to re-
§ 151.11 Exceptions for emergencies. tain all oily mixtures while operating
in the area and arrangements made to
(a) Sections 151.10 and 151.13 do not
discharge oily mixtures at a reception
apply to— facility outside the Antarctic area.
(1) The discharge into the sea of oil (c) The provisions of paragraph (b) of
or oily mixture necessary for the pur- this section do not apply to the dis-
pose of securing the safety of a ship or charge of clean or segregated ballast.
saving life at sea. (d) The provisions of paragraph (b)(1)
(2) The discharge into the sea of oil of this section do not apply to the dis-
or oily mixture resulting from damage charge of processed bilge water from
to a ship or its equipment— machinery space bilges, provided that
(i) Provided that all reasonable pre- all of the following conditions are sat-
cautions have been taken after the oc- isfied—
currence of the damage or discovery of (1) The bilge water does not originate
the discharge for the purpose of pre- from cargo pump room bilges;
venting or minimizing the discharge; (2) The bilge water is not mixed with
and oil cargo residues;
(ii) Except if the owner or the master (3) The ship is proceeding enroute;
acted either with intent to cause dam- (4) The oil content of the effluent
without dilution does not exceed 15
age, or recklessly and with knowledge
ppm;
that damage would probably result.
(5) The ship has in operation oily-
(b) [Reserved] water separating equipment complying
[CGD 75–134a, 48 FR 45709, Oct. 6, 1983, as with part 155 of this chapter; and
amended by CGD 88–002, 54 FR 18404, Apr. 28, (6) The oily-water separating equip-
1989] ment is equipped with a device that
236
stops the discharge automatically other person having charge of the ves-
when the oil content of the effluent ex- sel under provisions of this section.
ceeds 15 ppm. (c) The report must be made when-
(e) No discharge into the sea shall ever an incident involves—
contain chemicals or other substances (1) A discharge of oil, hazardous sub-
introduced for the purpose of circumstances, marine pollutants, or noxious
venting the conditions of discharge liquid substances (NLS) resulting from
specified in this section. damage to the vessel or its equipment,
(f) The oily mixtures that cannot be or for the purpose of securing the safe-
discharged into the sea in compliance ty of a vessel or saving a life at sea;
with paragraphs (b), (c), or (d) of this (2) A discharge of oil in excess of the
section shall be retained on board or quantities or instantaneous rate per-
discharged to reception facilities. mitted in §§ 151.10 or 151.13 of this chap-
(g) Nothing in this section prohibits ter, or NLS in bulk, in 46 CFR 153.1126
a ship on a voyage, only part of which or 153.1128, during the operation of the
is in a special area, from discharging vessel;
outside the special area in accordance (3) A discharge of marine pollutants
with § 151.10. in packaged form; or
(4) A probable discharge resulting
(h) In accordance with Regulation
from damage to the vessel or its equip-
38.6.1 of Annex I of MARPOL 73/78, the
ment. The factors you must consider to
discharge restriction in § 151.13 for the
determine whether a discharge is prob-
Red Sea area, Gulfs area, Gulf of Aden
able include, but are not limited to—
area, the Oman area of the Arabian (i) Ship location and proximity to
Sea, and the Southern South African land or other navigational hazards;
waters will enter into effect when each (ii) Weather;
party to MARPOL 73/78 whose coastline (iii) Tide current;
borders the special area has certified (iv) Sea state;
that reception facilities are available (v) Traffic density;
and the IMO has established an effec- (vi) The nature of damage to the ves-
tive date for each special area. Notice sel; and
of the effective dates for the discharge (vii) Failure or breakdown aboard the
requirements in these special areas vessel of its machinery or equipment.
will be published in the FEDERAL REG- Such damage may be caused by colli-
ISTER and reflected in this section. sion, grounding, fire, explosion, struc-
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983; 48 FR tural failure, flooding or cargo shifting
54977, Dec. 8, 1983, as amended by CGD 88–002, or a failure or breakdown of steering
54 FR 18404, Apr. 28, 1989; CGD 88–002A, 55 FR gear, propulsion, electrical generating
18582, May 2, 1990; CGD 94–056, 60 FR 43377, system or essential shipboard naviga-
Aug. 21, 1995; USCG–2000–7641, 66 FR 55571, tional aids.
Nov. 2, 2001; USCG–2008–0179, 73 FR 35013, (d) Each report must be made by
June 19, 2008; USCG–2010–0194, 80 FR 5933,
radio whenever possible, or by the fast-
Feb. 4, 2015]
est telecommunications channels
§ 151.15 Reporting requirements. available with the highest possible pri-
ority at the time the report is made
(a) The master, person in charge, to—
owner, charterer, manager, or operator (1) The appropriate officer or agency
of a vessel involved in any incident de- of the government of the country in
scribed in paragraph (c) of this section whose waters the incident occurs; and
must report the particulars of the inci- (2) The nearest Captain of the Port
dent without delay to the fullest ex- (COTP) or the National Response Cen-
tent possible under the provisions of ter (NRC), toll free number 800–424–8802
this section. (in Washington, DC, metropolitan area,
(b) If a vessel involved in an incident 202–267–2675), fax 202–267–1322, telex
is abandoned, or if a report from that number 892427 for incidents involving
vessel is incomplete or unattainable, U.S. vessels in any body of water; or in-
the owner, charterer, manager, oper- cidents involving foreign flag vessels in
ator, or their agent must assume the the navigable waters of the United
obligations placed upon the master or States; or incidents involving foreign-
237
§ 151.17 33 CFR Ch. I (7–1–20 Edition)
flag tank vessels within waters subject rial in so far as the ship is covered by
to the jurisdiction of the United this chapter.
States, including the Exclusive Eco- (2) Periodic renewal surveys con-
nomic Zone (EEZ). ducted at intervals corresponding with
(e) Each report must contain— the renewal of the IOPP Certificates.
(1) The identity of the ship; The purpose of the survey is to deter-
(2) The type of harmful substance in- mine whether the structure, equip-
volved; ment, systems, fittings, arrangements,
(3) The time and date of the incident; and material comply with the require-
(4) The geographic position of the ments of parts 155 and 157 of this chap-
vessel when the incident occurred; ter.
(5) The wind and the sea condition (3) Annual surveys for inspected ships
prevailing at the time of the incident; conducted as close as practicable to
(6) Relevant details respecting the twelve (12) and thirty-six (36) months
condition of the vessel; from the date of issuance of the IOPP
(7) A statement or estimate of the Certificate, and not more than two
quantity of the harmful substance dis- months prior to or later than these
charged or likely to be discharged into twelve and thirty-six month dates; this
the sea; and survey is to determine that the oily-
(8) Assistance and salvage measures. water separating equipment and associ-
ated pumps and piping systems remain
(f) A person who is obligated under
satisfactory for the service intended,
the provisions of this section to send a
and that no unauthorized alterations
report must—
have been made, and is to be endorsed
(1) Supplement the initial report, as
on the IOPP Certificate.
necessary, with information con-
(4) Intermediate surveys for in-
cerning further developments; and
spected ships conducted as close as
(2) Comply as fully as possible with practicable to twenty-four (24) months
requests from affected countries for ad- from the date of issuance of the IOPP
ditional information concerning the in- Certificates, and not more than six
cident. months prior to or later than that
(g) A report made under this section twenty-four month date; this survey is
satisfies the reporting requirements of to determine whether the equipment
§ 153.203 of this chapter and of 46 CFR and associated pump and piping sys-
4.05–1 and 4.05–2, if required under those tems, including oil discharge moni-
provisions. toring and control systems, and oily-
[USCG–2000–6927, 70 FR 74675, Dec. 16, 2005, as water separating equipment comply
amended by USCG–2006–25150, 71 FR 39209, with the requirements of parts 155 and
July 12, 2006; USCG–2008–0179, 73 FR 35014, 157 of this chapter, and are in good
June 19, 2008] working order, and is to be endorsed on
the IOPP Certificate.
§ 151.17 Surveys. (5) Intermediate surveys for
(a) Every U.S. oil tanker of 150 gross uninspected ships conducted as close as
tons and above, and every other U.S. practicable to thirty (30) months from
ship of 400 gross tons and above; that is the date of issuance of the IOPP Cer-
required to have an International Oil tificate, and not more than six months
Pollution Prevention (IOPP) Certifi- prior to or later than that thirty
cate on board and to which this part month date; this survey is to deter-
applies, except as provided for in para- mine whether the equipment and asso-
graphs (b) and (d) of this section; is ciated pump and piping systems, in-
subject to the following surveys con- cluding oil discharge monitoring and
ducted by the Coast Guard— control systems, and oily-water sepa-
(1) An initial survey, conducted be- rating equipment comply with the re-
fore the ship is put in service or before quirements of parts 155 and 157 of this
an IOPP Certificate required under chapter, and are in good working order,
§ 151.19 is issued for the first time; this and is to be endorsed on the IOPP Cer-
survey includes a complete examina- tificate.

tion of its structure, equipment, sys- (b) Every U.S. inspected oil tanker of
tems, fittings, arrangements and mate- 150 gross tons and above, and every
238
other U.S. inspected ship of 400 gross (e) The IOPP Certificate for each in-
tons and above; that is not required to spected or uninspected ship is valid for
have an IOPP Certificate on board is a maximum period of 5 years from the
subject to the following surveys to be date of issue, except as follows:
conducted by the Coast Guard— (1) A Certificate ceases to be valid if
(1) An initial survey conducted before significant alterations have taken
the ship is put into service. place in the construction, equipment,
(2) All other surveys are conducted fittings, or arrangements required by
concurrently with either inspections the pollution prevention requirements
for certification or required reinspec- of parts 155 or 157 of this chapter with-
tions. out the approval of the COTP or the
(c) After any survey of a ship under OCMI.
this section has been completed, no sig- (2) A Certificate ceases to be valid if
nificant change may be made in the intermediate surveys as required by
construction, equipment, fittings, ar- § 151.17 of this part are not carried out.
rangements or material covered by the (3) A Certificate issued to a ship
survey without the sanction of the ceases to be valid upon transfer of the
COTP or OCMI except for the direct re- ship to the flag of another country.
placement of such equipment or fit-
tings. (Approved by the Office of Management and
(d) Fixed and floating drilling rigs Budget under control number 1625–0041)
and other platforms, barges, and [CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as
uninspected ships; that are not re- amended by CGD 95–010, 62 FR 67531, Dec. 24,
quired to have an IOPP Certificate on 1997; USCG–1998–3799, 63 FR 35530, June 30,
board are not required to be surveyed 1998; USCG–2000–7223, 65 FR 40057, June 29,
2000; USCG–2000–7641, 66 FR 55571, Nov. 2,
under this section.
2001; USCG–2006–25150, 71 FR 39209, July 12,
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as 2006]
June 30, 1998] § 151.21 Ships of countries not party to
MARPOL 73/78.
§ 151.19 International Oil Pollution
Prevention (IOPP) Certificates. (a) Each oil tanker of 150 gross tons
and above and each other ship of 400
(a) Each U.S. oil tanker of 150 gross gross tons and above, operated under
tons and above and each other U.S. the authority of a country not a party
ship of 400 gross tons and above; that to MARPOL 73/78, must have on board
engages in voyages to ports or off-shore valid documentation showing that the
terminals under the jurisdiction of ship has been surveyed in accordance
other parties to MARPOL 73/78 must with and complies with the require-
have on board a valid International Oil ments of MARPOL 73/78. Evidence of
Pollution Prevention (IOPP) Certifi- compliance may be issued by either the
cate. government of a country that is party
(b) Each oil tanker of 150 gross tons to MARPOL 73/78 or a recognized clas-
and above and each other ship of 400 sification society.
gross tons and above, operated under (b) Evidence of compliance must con-
the authority of a country other than tain all of the information in, and have
the United States that is party to substantially the same format as, the
MARPOL 73/78, must have on board a IOPP Certificate.
valid IOPP Certificate.
(c) An IOPP Certificate is issued by a (Approved by the Office of Management and
COTP, OCMI, or a classification soci- Budget under control number 1625–0019)
ety authorized under 46 CFR part 8, [CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as
after a satisfactory survey in accord- amended by CGD 93–030, 59 FR 51338, Oct. 7,
ance with the provisions of § 151.17. 1994; USCG–2006–25150, 71 FR 39209, July 12,
(d) The Supplement to the IOPP Cer- 2006]
tificate is a part of the IOPP Certifi-
cate and must remain attached to that § 151.23 Inspection for compliance and
Certificate. If the Supplement to the enforcement.

Certificate is changed, a new IOPP Cer- (a) While at a port or terminal under
tificate will be required. the jurisdiction of the United States, a
239
§ 151.25 33 CFR Ch. I (7–1–20 Edition)
ship is subject to inspection by the § 151.25 Oil Record Book.

Coast Guard—
(a) Each oil tanker of 150 gross tons
(1) To determine that a valid IOPP and above, ship of 400 gross tons and
Certificate is on board and that the above other than an oil tanker, and
condition of the ship and its equipment manned fixed or floating drilling rig or
corresponds substantially with the par- other platform shall maintain an Oil
ticulars of the IOPP Certificate; Record Book Part I (Machinery Space
(2) To determine that evidence of Operations). An oil tanker of 150 gross
compliance with MARPOL 73/78, as re- tons and above or a non oil tanker that
quired by § 151.21 is on board and that carries 200 cubic meters or more of oil
the condition of the ship and its equip- in bulk, shall also maintain an Oil
ment corresponds substantially with Record Book Part II (Cargo/Ballast Op-
the particulars of this evidence of com- erations).
pliance; (b) An Oil Record Book printed by
(3) To determine whether a ship has the U.S. Government is available to
been operating in accordance with and the masters or operators of all U.S.
has not discharged any oil or oily mix- ships subject to this section, from any
tures in violation of the provisions of Coast Guard Sector Office, Marine In-
MARPOL 73/78 or this subchapter; spection Office, or Captain of the Port
(4) To determine whether a ship has Office.
discharged oil or oily mixtures any- (c) The ownership of the Oil Record
where in violation of MARPOL 73/78, Book of all U.S. ships remains with the
upon request from a party to MARPOL U.S. Government.
73/78 for an investigation when the re- (d) Entries shall be made in the Oil
questing party has furnished sufficient Record Book on each occasion, on a
evidence to support a reasonable belief tank to tank basis if appropriate,
that a discharge has occurred. whenever any of the following machin-
(b) A ship that does not comply with ery space operations take place on any
the requirements of parts 151, 155 and ship to which this section applies—
157 of this chapter, or where the condi- (1) Ballasting or cleaning of fuel oil
tion of the ship or its equipment does tanks;
not substantially agree with the par- (2) Discharge of ballast containing an
ticulars of the IOPP Certificate or oily mixture or cleaning water from
other required documentation, may be fuel oil tanks;
detained by order of the COTP or (3) Disposal of oil residue;
OCMI, at the port or terminal where (4) Discharge overboard or disposal
the violation is discovered until, in the otherwise of bilge water that has accu-
opinion of the detaining authority, the mulated in machinery spaces;
ship can proceed to sea without pre- (5) Bunkering of fuel or bulk lubri-
senting an unreasonable threat of harm cating oil; and
to the marine environment. The deten- (6) Any failure, and the reasons for,
tion order may authorize the ship to of the oil filtering equipment.
proceed to the nearest appropriate (e) Entries shall be made in the Oil
available shipyard rather than remain- Record Book on each occasion, on a
ing at the place where the violation tank to tank basis if appropriate,
was discovered. whenever any of the following cargo/
(c) An inspection under this section ballast operations take place on any oil
may include an examination of the Oil tanker to which this section applies—
Record Book, the oil content meter (1) Loading of oil cargo;
continuous records, and a general ex- (2) Internal transfer of oil cargo dur-
amination of the ship. A copy of any ing voyage;
entry in the Oil Record Book may be (3) Unloading of oil cargo;
made and the Master of the ship may (4) Ballasting of cargo tanks and
be required to certify that the copy is dedicated clean ballast tanks;
a true copy of such entry. (5) Cleaning of cargo tanks including
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as crude oil washing;

amended by CGD 88–002A, 55 FR 18582, May 2, (6) Discharge of ballast except from
1990] segregated ballast tanks;
240
(7) Discharge of water from slop (m) This section does not apply to a
tanks; fixed or floating drilling rig or other
(8) Closing of all applicable valves or platform that is operating in compli-
similar devices after slop tank dis- ance with a valid National Pollutant
charge operations; Discharge Elimination System
(9) Closing of valves necessary for (NPDES) permit.
isolation of dedicated clean ballast (Approved by the Office of Management and
tanks from cargo and stripping lines Budget under control number 1625–0009)
after slop tank discharge operations;
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983; 48 FR
(10) Disposal of oil residue; and 54977, Dec. 8, 1983, as amended by CGD 88–
(11) Any failure of, and the reasons 002A, 55 FR 18582, May 2, 1990; USCG–2000–
for, the oil discharge monitoring and 7641, 66 FR 55571, Nov. 2, 2001; USCG–2006–
control system. 25150, 71 FR 39209, July 12, 2006; USCG–2006–
(f) Entries shall be made in the Oil 25556, 72 FR 36328, July 2, 2007; USCG–2010–
0194, 80 FR 5934, Feb. 4, 2015]
Record Book on each occasion, on a
tank-to-tank basis if appropriate, § 151.26 Shipboard oil pollution emer-
whenever any of the following oper- gency plans.
ations take place on a fixed or floating
drilling rig or other platform to which (a) Language of the plan. The ship-
this section applies— board oil pollution emergency plan
must be available on board in English
(1) Discharge of ballast or cleaning
and in the working language of the
water from fuel oil tanks; and
master and the officers of the ship, if
(2) Discharge overboard of platform other than English.
machinery space bilge water. (b) Plan format. The plan must con-
(g) In the event of an emergency, ac- tain the following six sections. A sev-
cidental or other exceptional discharge enth non-mandatory section may be in-
of oil or oily mixture, a statement cluded at the shipowner’s discretion:
shall be made in the Oil Record Book of (1) Introduction. This section must
the circumstances of, and the reasons contain the following:
for, the discharge. (i) Introductory text. The introductory
(h) Each operation described in para- text of the plan must contain the fol-
graphs (d), (e) and (f) of this section lowing language (For ships operating
shall be fully recorded without delay in in Antarctica, the introductory text of
the Oil Record Book so that all the en- the plan must contain the following
tries in the book appropriate to that language and explain that they are in
operation are completed. Each com- accordance with the Protocol on Envi-
pleted operation shall be signed by the ronmental Protection to the Antarctic
person or persons in charge of the oper- Treaty):
ations concerned and each completed
page shall be signed by the master or This plan is written in accordance with the
requirements of Regulation 37 of Annex I of
other person having charge of the ship. the International Convention for the Preven-
(i) The Oil Record Book shall be kept tion of Pollution from Ships, 1973, as modi-
in such a place as to be readily avail- fied by the Protocol of 1978 relating thereto
able for inspection at all reasonable (MARPOL 73/78).
times and shall be kept on board the The purpose of the plan is to provide guid-
ship. ance to the master and officers on board the
ship with respect to the steps to be taken
(j) The master or other person having
when a pollution incident has occurred or is
charge of a ship required to keep an Oil likely to occur.
Record Book shall be responsible for The plan contains all information and
the maintenance of such record. operational instructions required by the
(k) The Oil Record Book for a U.S. guidelines (Resolution MEPC.54(32) as
ship shall be maintained on board for amended by Resolution MEPC.86(44)). The
not less than three years. appendices contain names, telephone num-
bers, telex numbers, etc. of all contacts ref-
(l) This section does not apply to a
erenced in the plan, as well as other ref-
barge or a fixed or floating drilling rig
erence material.
or other platform that is not equipped This plan has been approved by the Coast
to discharge overboard any oil or oily Guard and, except as provided below, no al-
mixture. teration or revision may be made to any part
241
§ 151.26 33 CFR Ch. I (7–1–20 Edition)
of it without the prior approval of the Coast (A) A discharge of oil above the per-
Guard. mitted level for any reason, including
Changes to the seventh section of the plan
those for the purpose of securing the
and the appendices do not require approval
by the Coast Guard. The appendices must be safety of the ship or saving life at sea;
maintained up-to-date by the owners, opera- (B) A discharge of oil or oily mixture
tors, and managers. during the operation of the ship in ex-
(ii) General information. cess of the quantities or instantaneous
(A) The ship’s name, call sign, offi- rate permitted in § 151.10 of this sub-
cial number, International Maritime part or in § 157.37 of this subchapter; or
Organization (IMO) international num- (C) A probable discharge. Factors to
ber, and principal characteristics. be considered in determining whether a
(B) [Reserved] discharge is probable include, but are
(2) Preamble. The plan must be real- not limited to: ship location and prox-
istic, practical, and easy to use, and imity to land or other navigational
the Preamble section of the plan must hazards, weather, tide, current, sea
reflect these three features of the plan. state, and traffic density. The master
The use of flowcharts, checklists, and must make a report in cases of colli-
appendices within the plan will aid in sion, grounding, fire, explosion, struc-
addressing this requirement. This sec- tural failure, flooding or cargo shifting,
tion must contain an explanation of or an incident resulting in failure or
the purpose and use of the plan and in- breakdown of steering gear, propulsion,
dicate how the shipboard plan relates electrical generating system, or essen-
to other shore-based plans. Addition-
tial shipborne navigational aids.
ally, the Preamble section of the plan
must clearly recognize coastal States’ (ii) Information required. This section
rights to approve oil pollution response of the plan must include a notification
in their waters by stating the fol- form, such as the one depicted in Table
lowing: 151.26(b)(3)(ii), that includes all the
data elements required in Resolution
Without interfering with shipowner’s li- A.851(20) and contains information to
ability, some coastal States consider that it
is their responsibility to define techniques be provided in the initial and follow-up
and means to be taken against an oil pollu- notifications. The official number of
tion incident and approve such operations the vessel and current conditions of the
that might cause further pollution, i.e., vessel are to be included. In addition,
lightening. States are entitled to do so under the initial notification should include
the International Convention relating to
as much of the information on the form
Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969 (Intervention Con- as possible, and supplemental informa-
vention). tion, as appropriate. However, the ini-
(3) Reporting Requirements. This sec- tial notification must not be delayed
tion of the plan must include informa- pending collection of all information.
tion relating to the following: Copies of the form must be placed at
(i) When to report. A report shall be the location(s) on the ship from which
made whenever an incident involves— notification may be made.
242
243
ER07OC94.020</GPH>
§ 151.26 33 CFR Ch. I (7–1–20 Edition)
(iii) Whom to contact. (A) This section rected to any Antarctic station that
of the plan must make reference to the may be affected.
appendices listing coastal state con- (D) The plan must clearly specify
tacts, port contacts, and ship interest who will be responsible for informing
contacts. In order to expedite response the necessary parties from the coastal
and minimize damage from a pollution State contacts, the port contacts, and
incident, it is essential that appro- the ship interest contacts.
priate coastal States should be notified (4) Steps to control a discharge. This
without delay. This process begins with section of the plan must contain a dis-
the initial report required by article 8 cussion of procedures to address the
and Protocol I of MARPOL 73/78. following scenarios:
(B) For actual or probable discharges (i) Operational spills: The plan must
of oil, or oily mixtures the reports outline procedures for safe removal of
must comply with the procedures de- oil spilled and contained on deck. The
scribed in MARPOL Protocol I. The re- plan must also provide guidance to en-
ports shall be directed to either the sure proper disposal of recovered oil
nearest Captain of the Port (COTP) or and cleanup materials;
to the National Response Center (ii) Spills resulting from casualties:
(NRC), toll free telephone number: 800– Casualties should be treated in the
424–8802, direct telephone: 202–267–2675, or plan as a separate section. The plan
Fax: 202–267–1322. should include various checklists or
(C) For Antarctica, in addition to other means that will ensure the mas-
compliance with paragraph (b)(3)(iii)(B) ter considers all appropriate factors
of this section, reports shall also be di- when addressing the specific casualty
244
ER07OC94.021</GPH>
(Reference is made here to the Inter- plan. The plan must address the coordi-
national Safety Management (ISM) nation of this activity with the coastal
Code, Section 8). These checklists must or port state, as appropriate;
be tailored to the specific ship and to (D) Mitigating activities: The spill
the specific product or product types. mitigation requirements of 33 CFR
In addition to the checklists, specific 155.1035(c) must be met for tankships,
personnel assignments for anticipated the requirements of 33 CFR 155.1040(c)
tasks must be identified. Reference to must be met for unmanned vessels, and
existing fire control plans and muster the requirements of 33 CFR 155.5035(c)
lists is sufficient to identify personnel must be met for nontank vessels. Addi-
responsibilities. The following are ex- tionally, the following personnel safety
amples of casualties that must be con- mitigation strategies must be ad-
sidered— dressed for all personnel involved—
(A) Grounding; (1) Assessment and monitoring ac-
(B) Fire or explosion; tivities;
(C) Collision/Allision; (2) Personnel protection issues;
(D) Hull failure; (3) Protective equipment;
(E) Excessive list; (4) Threats to health and safety;
(F) Containment system failure; (5) Containment and other response
(G) Submerged/Foundered; techniques;
(H) Wrecked/Stranded; and (6) Isolation procedures;
(I) Hazardous vapor release. (7) Decontamination of personnel;
(iii) In addition to the checklist and and
personnel duty assignments required (8) Disposal of removed oil and clean-
by paragraph (b)(4)(ii) of this section, up materials; and
the plan must include— (E) Drawings and ship-specific de-
(A) Priority actions to ensure the tails: Supporting plans, drawings, and
safety of personnel and the ship, assess ship-specific details such as a layout of
the damage to the ship, and take ap- a general arrangement plan, midship
propriate further action; section, lines or tables of offsets, and
(B) Stability and strength consider- tank tables must be included with the
ations: The plan should provide the plan. The plan must show where cur-
master with detailed guidance to en- rent cargo, bunker or ballast informa-
sure that great care in casualty re- tion, including quantities and speci-
sponse must be taken to consider sta- fications, is available.
bility and strength when taking ac- (5) National and Local Coordination. (i)
tions to mitigate the spillage of oil or This section of the plan must contain
to free the vessel if aground. Informa- information to assist the master in ini-
tion for making damage stability and tiating action by the coastal State,
longitudinal strength assessments, or local government, or other involved
contacting classification societies to parties. This information must include
acquire such information, should be in- guidance to assist the master with or-
cluded. Where appropriate, the plan ganizing a response to the incident,
should provide a list of information for should a response not be organized by
making damage stability and damage the shore authorities. Detailed infor-
longitudinal strength assessments. The mation for specific areas may be in-
damage stability information for oil cluded as appendices to the plan. See 33
tankers and offshore oil barges in 33 CFR 151.26(b)(2) (Preamble) regarding a
CFR 155.240 is required to be provided ship owner’s responsibility to comply
in the SOPEP; with individual state requirements for
(C) Lightening procedures to be fol- oil spill response.
lowed in cases of extensive structural (ii) For Antarctica, a vessel owner or
damage: The plan must contain infor- operator must include a plan for
mation on procedures to be followed for prompt and effective response action to
ship-to-ship transfer of cargo. Ref- such emergencies as might arise in the
erence may be made in the plan to ex- performance of its vessel’s activities.
isting company guides. A copy of such (iii) To comply with paragraph

company procedures for ship-to-ship (b)(5)(ii) of this section, an agency of
transfer operations must be kept in the the United States government may
245
§ 151.27 33 CFR Ch. I (7–1–20 Edition)
promulgate a directive providing for Section 5: National and local coordina-

prompt and effective response by the tion
agency’s public vessels operating in Section 6: Appendices
Antarctica.
(6) Appendices. Appendices must in- Voluntary
clude the following information: Section 7: Non-mandatory provisions
(i) Twenty-four hour contact infor-
mation and alternates to the des- [CGD 93–030, 59 FR 51338, Oct. 7, 1994, as
ignated contacts. These details must be
1997; USCG–2000–7641, 66 FR 55571, Nov. 2,
routinely updated to account for per- 2001; USCG–2008–0179, 73 FR 35014, June 19,
sonnel changes and changes in tele- 2008; USCG–2008–1070, 78 FR 60120, Sept. 30,
phone, telex, and telefacsimile num- 2013]
bers. Clear guidance must also be pro-
vided regarding the preferred means of § 151.27 Plan submission and approval.
communication. (a) No manned ship subject to this
(ii) The following lists, each identi- part may operate unless it carries on
fied as a separate appendix: board a shipboard oil pollution emer-
(A) A list of agencies or officials of gency plan approved by the Coast
coastal state administrations respon- Guard. An unmanned ship subject to
sible for receiving and processing inci- this regulation must carry the notifi-
dent reports; cation list required in § 151.26(b)(3) on
(B) A list of agencies or officials in board in the documentation container;
regularly visited ports. When this is remaining sections of the plan must be
not feasible, the master must obtain maintained on file at the home office.
details concerning local reporting pro- For new ships, plans must be submitted
cedures upon arrival in port; and at least 90 days before the ship intends
(C) A list of all parties with a finan- to begin operations.
cial interest in the ship such as ship (b) An owner or operator of a ship to
and cargo owners, insurers, and salvage which this part applies shall prepare
interests. and submit one English language copy
(D) A list which specifies who will be of the shipboard oil pollution emer-
responsible for informing the parties gency plan to Commandant (CG–CVC–
listed and the priority in which they 1), Attn: Domestic Vessels Division,
must be notified. U.S. Coast Guard Stop 7501, 2703 Martin
(iii) A record of annual reviews and Luther King Jr. Avenue SE., Wash-
changes. ington, DC 20593–7501.
(7) Non-mandatory provisions. If this (c) An owner or operator with mul-
section is included by the shipowner, it tiple ships to which this part applies
should include the following types of may submit one plan for each type of
information or any other information ship with a separate ship-specific ap-
that may be appropriate: pendix for each vessel covered by the
(i) Response equipment or oil spill re- plan.
moval organizations; (d) Combined shipboard oil pollution
(ii) Public affairs practices; emergency plans and response plans
(iii) Recordkeeping; meeting the requirements of subparts
(iv) Plan exercising; and D and E of part 155 of this chapter must
(v) Individuals qualified to respond. be prepared according to § 155.1030(j) of
(8) Index of sections. The plan must be this chapter.
organized as depicted in Table (e) If the Coast Guard determines
151.26(b)(8). that the plan meets the requirements
of this section, the Coast Guard will
TABLE 151.26(b)(8)—INDEX OF SECTIONS— issue an approval letter. The approval
SAMPLE FORMAT period for a plan expires 5 years after
Mandatory the approval date.
(f) If the Coast Guard determines
Section 1: Introduction that the plan does not meet the re-
Section 2: Preamble quirements, the Coast Guard will no-

Section 3: Reporting requirements tify the owner or operator of the plan’s
Section 4: Steps to control a discharge deficiency. The owner or operator must
246
then resubmit a copy of the revised Coast Guard shall be advised and pro-
plan or the corrected portions of the vided a copy of the revisions as they
plan, within the time period specified occur.
in the written notice provided by the (g) Plans, including revisions, should
Coast Guard. be submitted electronically by using
(g) Plans, including revisions, should the Vessel Response Plan Electronic
be submitted electronically by using Submission Tool available at https://
the Vessel Response Plan Electronic homeport.uscg.mil/vrpexpress.
Submission Tool available at https:// (h) If plans are submitted in paper
homeport.uscg.mil/vrpexpress. format, owners or operators should use
(h) If plans are submitted in paper CG Form ‘‘Application for Approval/
format, owners or operators should use Revision of Vessel Pollution Response
CG Form ‘‘Application for Approval/ Plans’’ (CG–6083) located at: http://
Revision of Vessel Pollution Response www.uscg.mil/forms/CG/CGl6083.pdf in
Plans’’ (CG–6083) located at: http:// lieu of a cover letter to request the re-
www.uscg.mil/forms/CG/CGl6083.pdf in quired resubmission, plan amendment,
lieu of a cover letter to make initial or revision.
application for plan submission and re-
[CGD 93–030, 59 FR 51342, Oct. 7, 1994, as
vision.
[CGD 93–030, 59 FR 51342, Oct. 7, 1994, as 1996; USCG–2008–0179, 73 FR 35014, June 19,
amended by CGD 96–026, 61 FR 33665, June 28, 2008; USCG–2008–1070, 78 FR 60122, Sept. 30,
1996; USCG–1998–3799, 63 FR 35530, June 30, 2013]
1998; USCG–2008–0179, 73 FR 35014, June 19,
2008; USCG–2010–0351, 75 FR 36284, June 25, § 151.29 Foreign ships.
2010; USCG–2008–1070, 78 FR 60122, Sept. 30,
2013; USCG–2014–0410, 79 FR 38435, July 7,
(a) Each oil tanker of 150 gross tons
2014] and above and each other ship of 400
gross tons and above, operated under
§ 151.28 Plan review and revision. the authority of a country other than
the United States that is party to
(a) An owner or operator of a ship to
MARPOL 73/78, shall, while in the navi-
which this subpart applies must review
gable waters of the United States or
the shipboard oil pollution emergency
while at a port or terminal under the
plan annually and submit a letter to
jurisdiction of the United States, carry
Commandant (CG–5431) certifying that
on board a shipboard oil pollution
the review has been completed. This re-
emergency plan approved by its flag
view must occur within 1 month of the
state.
anniversary date of Coast Guard ap-
proval of the plan. (b) Each oil tanker of 150 gross tons
(b) The owner or operator shall sub- and above and each other ship of 400
mit any plan amendments to Com- gross tons and above, operated under
mandant (CG–5431) for information or the authority of a country that is not
approval. a party to MARPOL 73/78, must comply
(c) The entire plan must be resub- with § 151.21 of this subpart while in the
mitted to Commandant (CG–5431) for navigable waters of the United States.
reapproval 6 months before the end of [CGD 93–030, 59 FR 51342, Oct. 7, 1994]
the Coast Guard approval period identi-
fied in § 151.27(e) of this subpart. NOXIOUS LIQUID SUBSTANCE POLLUTION
(d) A record of annual review and
changes to the plan must be main- SOURCE: Sections 151.30 through 151.49 ap-
tained in the last appendix of section pear by CGD 85–010, 52 FR 7759, Mar. 12, 1987,
six of the plan. unless otherwise noted.
(e) Except as provided in paragraph
(f) of this section, revisions must re- § 151.30 Applicability.
ceive prior approval by the Coast (a) Except as provided in paragraph
Guard before they can be incorporated (b) of this section, §§ 151.30 through
into the plan. 151.49 apply to each ship that—
(f) Revisions to the seventh section of (1) Is operated under the authority of
the plan and the appendices do not re- the United States and engages in inter-
quire approval by the Coast Guard. The national voyages;
247
§ 151.31 33 CFR Ch. I (7–1–20 Edition)
(2) Is operated under the authority of § 151.47 or § 151.49, are in 46 CFR parts
the United States and is certificated 98, 151, and 153.
for ocean service; (c) Alternatives to the requirements
(3) Is operated under the authority of in this part for oceangoing ships car-
the United States and is certificated rying NLSs are in 46 CFR part 153.
for coastwise service beyond three nau- (d) Procedures for obtaining permis-
tical miles from land; sion to carry an NLS not listed in
(4) Is operated under the authority of § 151.47, § 151.49, Table 151.05 of 46 CFR
the United States and operates at any part 151, or Table 1 of 46 CFR part 153
time seaward of the outermost bound- are in 46 CFR 153.900(c).
ary of the territorial sea of the United
States as defined in § 2.22 of this chap- § 151.32 Special areas for the purpose
ter; or of Annex II.
(5) Is operated under the authority of (a) For the purposes of §§ 151.30
a country other than the United States through 151.49, the special areas are the
while in the navigable waters of the Baltic Sea area, the Black Sea area,
United States, or while at a port or ter- and the Antarctic area which are de-
minal under the jurisdiction of the scribed in § 151.06. Discharges into the
United States. sea of NLSs or mixtures containing
(b) Sections 151.30 through 151.49 do such substances are prohibited in the
not apply to— Antarctic area.
(1) A tank barge whose certificate is (b) In accordance with paragraph
endorsed by the Coast Guard for a lim- (13)(a) of Regulation 5 of Annex II of
ited short protected coastwise route if MARPOL 73/78, the discharge restric-
the barge is constructed and certifi- tions in § 151.32 for the Baltic Sea area
cated primarily for service on an in- and the Black Sea area will enter into
land route; effect when each Party to MARPOL 73/
(2) A warship, naval auxiliary, or 78 whose coastline borders the special
other ship owned or operated by a area has certified that reception facili-
country when engaged in noncommer- ties are available and the IMO has es-
cial service; tablished an effective date for each spe-
(3) A Canadian or U.S. ship being op- cial area. Notice of the effective date
erated exclusively on the Great Lakes for discharge requirements in these
of North America or their connecting areas will be published in the FEDERAL
and tributary waters; REGISTER and reflected in this section.
(4) A Canadian or U.S. ship being op- [CGD 94–056, 60 FR 43378, Aug. 21, 1995]
erated exclusively on the internal
waters of the United States and Can- § 151.33 Certificates needed to carry
ada; or Category C Oil-like NLS.
(5) Any other ship specifically ex- (a) A U.S. oceangoing ship may not
cluded by MARPOL 73/78. carry a Category C oil-like NLS listed
NOTE TO § 151.30 (b)(4): The term ‘‘internal in § 151.49 in a cargo tank unless the
waters’’ is defined in § 2.24 of this chapter. ship has a Certificate of Inspection en-
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as
dorsed to allow the NLS to be carried
amended by CGD 88–002A, 55 FR 18582, May 2, in that cargo tank, and if the ship en-
1990; USCG–2008–0179, 73 FR 35014, June 19, gages in a foreign voyage—
2008] (1) An Attachment for NLSs to the
IOPP Certificate, issued under
§ 151.31 Where to find requirements § 151.37(a), that allows the NLS to be
applying to oceangoing ships car- carried in that cargo tank; or
rying Category A, B, C, and D NLS. (2) A Certificate of Fitness issued
(a) The requirements for oceangoing under 46 CFR part 153 that allows the
ships carrying NLSs listed in §§ 151.47 NLS to be carried in that cargo tank.
and 151.49 are in §§ 151.33 through 151.45. (b) A foreign oceangoing ship oper-
(b) The requirements for oceangoing ating in the navigable waters of the
ships carrying NLSs listed in Table U.S. may not carry a Category C oil-
151.05 of 46 CFR part 151 and Table 1 of like NLS listed in § 151.49 in a cargo
46 CFR part 153, which are not listed in tank unless the ship has—
248
(1) An Attachment for NLSs to the (1) An NLS Certificate endorsed to

IOPP Certificate that allows the NLS allow the NLS to be carried in that
to be carried in that cargo tank; or cargo tank; or
(2) A Certificate of Compliance issued (2) A Certificate of Compliance issued
under 46 CFR Part 153 to allow the NLS under 46 CFR part 153 to allow the NLS
to be carried in that cargo tank. to be carried in that cargo tank.
(c) A U.S. oceangoing ship authorized (d) A foreign oceangoing ship in the
to carry certain dangerous cargoes in navigable waters of the U.S. may not
bulk under 46 CFR Part 98 may not carry a Category D oil-like NLS listed
carry a Category C oil-like NLS listed in § 151.49 in a cargo tank unless the
in § 151.49 in a cargo tank unless the ship has one of the following:
(1) An Attachment for NLSs to the
ship has a Certificate of Inspection en-
IOPP Certificate to allow the NLS to
dorsed to allow the NLS to be carried
be carried in that cargo tank; or
in that cargo tank, and if the ship en-
(2) An NLS Certificate endorsed to
gages in a foreign voyage, an NLS Cer-
allow the NLS to be carried in the
tificate issued under § 151.37(b) that al- cargo tank; or
lows the NLS to be carried in that (3) A Certificate of Compliance issued
cargo tank. under 46 CFR part 153 to allow the NLS
to be carried in the cargo tank.
§ 151.35 Certificates needed to carry
Category D NLS and Category D (e) A U.S. oceangoing ship authorized
Oil-like NLS. to carry certain dangerous cargoes in
bulk under 46 CFR part 98 may not
(a) A U.S. oceangoing ship may not carry a Category D NLS listed in
carry a Category D NLS listed in § 151.47 or a Category D oil-like NLS
§ 151.47 in a cargo tank unless the ship listed in § 151.49 in a cargo tank unless
has a Certificate of Inspection endorsed the ship has a Certificate of Inspection
to allow the NLS to be carried in that endorsed to allow the NLS to be car-
cargo tank, and if the ship engages if a ried in that cargo tank, and if the ship
foreign voyage— engages in a foreign voyage, an NLS
(1) An NLS Certificate issued under Certificate issued under § 151.37(b) that
§ 151.37(b) to allow the NLS to be car- allows the NLS to be carried in that
ried in that cargo tank; or cargo tank.
(2) A Certificate of Fitness issued
under 46 CFR part 153 to allow the NLS § 151.37 Obtaining an Attachment for
to be carried in that cargo tank. NLSs to the IOPP Certificate and
obtaining an NLS Certificate.
(b) A U.S. oceangoing ship may not
carry a Category D oil-like NLS listed (a) The Coast Guard or a classifica-
in § 151.49 in a cargo tank unless the tion society authorized under 46 CFR
ship has a Certificate of Inspection en- part 8 issues an Attachment for NLSs
dorsed to allow the NLS to be carried to the IOPP Certificate to an ocean-
in that cargo tank, and if the ship en- going ship to allow the carriage of a
gages if a foreign voyage— Category C oil-like NLS or a Category
D oil-like NLS if the following require-
(1) An Attachment for NLSs to the
ments are met:
IOPP Certificate, issued under
(1) Except for ships that are not con-
§ 151.37(a), to allow the NLS to be car-
figured and are not equipped to ballast
ried in that cargo tank; or or wash cargo tanks while proceeding
(2) An NLS Certificate issued under en route, the ship must have a Coast
§ 151.37(b) to allow the NLS to be car- Guard approved monitor under § 157.12
ried in that cargo tank, or that is approved for the cargoes that
(3) A Certificate of Fitness issued are desired to be carried.
under 46 CFR part 153 to allow the NLS (2) Except as required by paragraph
to be carried in that cargo tank. (a)(3), ships of 150 meters or less in
(c) A foreign oceangoing ship in the length carrying a Category C oil-like
navigable waters of the U.S. may not NLS must meet the damage stability
carry a Category D NLS listed in requirements applying to a Type III

§ 151.47 in a cargo tank unless the ship hull as provided by Regulation 14 (c) of
has one of the following: Annex II.
249
§ 151.39 33 CFR Ch. I (7–1–20 Edition)
(3) A U.S. self propelled ship of 150 (a) The carriage and discharge of the
meters or less in length on a coastwise oil-like NLS meets §§ 157.29, 157.31,
voyage carrying a Category C oil-like 157.35, 157.37, 157.41, 157.45, 157.47, and
NLS must meet the damage stability 157.49 of this chapter; and
requirements applying to a Type III (b) The oil-like NLS is not discharged
hull as provided by 46 CFR part 172, unless—
subpart F except §§ 172.130 and 172.133. (1) The monitor required by
(b) Except as allowed in paragraph (c) § 151.37(a)(1) is set to detect the oil-like
of this section, the Coast Guard or a NLS; and
classification society authorized under (2) A statement that the monitor has
46 CFR part 8 issues an NLS Certificate been set to detect the oil-like NLS is
endorsed to allow the oceangoing ship entered in the Oil Record Book Part
engaged in a foreign voyage to carry a II(Cargo/Ballast Operations), required
Category D NLS listed in § 151.47 if the by § 151.25.
ship has—
(1) An approved Procedures and Ar- § 151.43 Control of discharge of NLS
residues.
rangements Manual and Cargo Record
Book, both meeting the requirements (a) Unless the ship is a fixed or float-
in 46 CFR 153.490; and ing drilling rig or other platform oper-
(2) A residue discharge system meet- ating under an National Pollution Dis-
ing 46 CFR 153.470, unless the approved charge Elimination System (NPDES)
Procedures and Arrangements Manual permit, the master or person in charge
limits discharge of Category D NLS of an oceangoing ship that cannot dis-
residue to the alternative provided by charge NLS residue into the sea in ac-
46 CFR 153.1128(b). cordance with 46 CFR 153.1126 or
(c) The Coast Guard or a classifica- 153.1128 shall ensure that the NLS res-
tion society authorized under 46 CFR idue is—
part 8 issues a NLS Certificate with the (1) Retained on board; or
statement that the vessel is prohibited (2) Discharged to a reception facility.
from discharging NLS residues to the (b) If Category A, B, or C NLS cargo
sea if the vessel does not meet 46 CFR or NLS residue is to be transfered at a
153.470 and 153.490 but meets 46 CFR port or terminal in the United States,
subpart 98.31. the master or person in charge of each
oceangoing ship carrying NLS cargo or
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as NLS residue shall notify the port or
amended by CGD 95–010, 62 FR 67532, Dec. 24, terminal at least 24 hours before enter-
1997] ing the port or terminal of—
(1) The name of the ship;
§ 151.39 Operating requirements: Cat-
egory D NLS. (2) The name, category and volume of
NLS cargo to be unloaded;
The master or person in charge of an (3) If the cargo is a Category B or C
oceangoing ship that carries a Cat- high viscosity NLS cargo or solidifying
egory D NLS listed in § 151.47 shall en- NLS cargo listed in Table 1 of 46 CFR
sure that the ship is operated as pre- Part 153 with a reference to
scribed for the operation of oceangoing ‘‘§ 153.908(a)’’ or ‘‘§ 153.908(b)’’ in the
ships carrying Category D NLSs in 46 ‘‘Special Requirements’’ column of
CFR 153.901, 153.909, 153.1100, 153.1104, that table, the time of day the ship is
153.1106, 153.1124, 153.1126, and 153.1128. estimated to be ready to discharge NLS
[CGD 85–010, 52 FR 7759, Mar. 12, 1987, as residue to a reception facility;
amended by USCG–2008–0179, 73 FR 35014, (4) If the cargo is any Category B or
June 19, 2008] C NLS cargo not under paragraph (b)(3)
of this section, whether or not the ship
§ 151.41 Operating requirements for meets the stripping requirements
oceangoing ships with IOPP Certifi- under 46 CFR 153.480, 153.481, or 153.482;
cates: Category C and D Oil-like (5) The name and the estimated vol-
NLSs. ume of NLS in the NLS residue to be
The master or person in charge of an discharged;

oceangoing ship certificated under (6) The total volume of NLS residue
§ 151.37(a) shall ensure that— to be discharged; and
250
(7) The name and amount of any Diacetone alcohol

cleaning agents to be used during the Dialkyl(C8–C9) diphenylamines
prewash required by 46 CFR 153.1120. Dialkyl(C7–C13) phthalates
Diethylene glycol
(c) The master or person in charge of Diethylene glycol butyl ether acetate, see
a U.S. ship in a special area shall oper- Poly(2-8) alkylene glycol monoalkyl(C1–C6)
ate the ship in accordance with 46 CFR ether acetate
153.903. Diethylene glycol dibutyl ether
NOTE: The master or person in charge of a Diethylene glycol ethyl ether, see Poly(2–
ship carrying Category A NLS that is re- 8)alkylene glycol monoalkyl(C1–C6) ether
quired to prewash tanks under the proce- Diethylene glycol ethyl ether acetate, see
dures in 46 CFR Part 153.1120 is required Poly(2–8)alkylene glycol monoalkyl(C1–C6)
under 46 CFR 153.1101 to notify the COTP at ether acetate
least 24 hours before a prewash surveyor is Diethylene glycol methyl ether acetate, see
needed. Poly(2–8)alkylene glycol monoalkyl(C1–C6)
ether acetate
§ 151.47 Category D NLSs other than Diethylene glycol phenyl ether
oil-like Category D NLSs that may Diethylene glycol phthalate
be carried under this part. Di-(2-ethylhexyl)adipate
1,4-Dihydro-9,10-dihydroxy anthracene, diso-
The following is a list of Category D dium salt solution
NLSs other than Oil-like Category D Diisobutyl ketone
NLSs that the Coast Guard allows to be Diisodecyl phthalate, see Dialkyl(C7–C13)
carried: phthalates
Diisononyl adipate
Acetophenone Diisononyl phthalate, see Dialkyl(C7–C13)
Acrylonitrile-Styrene copolymer dispersion phthalates
in Polyether polyol 2,2-Dimethylpropane-1,3-diol
iso- & cyclo-Alkane (C10–C11) Dinonyl phthalate, see Dialkyl(C7–C13)
Alkenyl(C11 + )amine phthalates
Alkyl(C8 + )amine, Alkenyl (C12 + ) acid Dipropylene glycol dibenzoate
ester mixture Dipropylene glycol methyl ether, see Poly(2–
Alkyl dithiothiadiazole (C6–C24) 8)alkylene glycol monoalkyl(C1-C6) ether
Alkyl ester copolymer (C4–C20) Ditridecyl phthalate, see Dialkyl(C7–C13)
Alkyl(C8–C40) phenol sulfide phthalates
Aluminum sulfate solution Diundecyl phthalate, see Dialkyl(C7–C13)
Ammonium hydrogen phosphate solution phthalates
Ammonium nitrate solution (45% or less) Dodecenylsuccinic acid, dipotassium salt so-
Ammonium nitrate, Urea solution (2% or lution
less NH3) Ethoxylated long chain (C16 + )
Ammonium phosphate, Urea solution alkyloxyalkanamine
Ammonium polyphosphate solution Ethoxy triglycol (crude)
Ammonium sulfate solution (20% or less) 2-Ethyl-2-(hydroxymethyl)propane-1,3-diol,
Amyl alcohol (iso-, n-, sec-, primary) C8–C10 ester
Animal and Fish oils, n.o.s. (see also Oil, edi- Ethyl acetate
ble) Ethyl acetoacetate
Animal and Fish acid oils and distillates, Ethyl butanol
n.o.s. Ethylenediaminetetraacetic acid,
Aryl polyolefin (C11–C50) tetrasodium salt solution
Brake fluid base mixtures Ethylene glycol
Butylene glycol Ethylene glycol acetate
iso-Butyl formate Ethylene glycol dibutyl ether
n-Butyl formate Ethylene glycol methyl butyl ether
gamma-Butyrolactone Ethylene glycol phenyl ether
Calcium hydroxide slurry Ethylene glycol phenyl ether, Diethylene
Calcium long chain alkyl sulfonate (C11–C50) glycol phenyl ether mixture
Calcium long chain alkyl(C11–C40) phenate 2-Ethylhexanoic acid, see Octanoic acid
Calcium long chain alkyl phenate sulfide Ethyl propionate
(C8-C40) Ferric hydroxyethylethylene diamine
Caprolactam solutions triacetic acid, trisodium salt solution
Chlorine chloride solution Formamide
Citric acid (70% or less) Glycerine (83%), Dioxanedimethanol (17%)
Coconut oil fatty acid methyl ester mixture
Copper salt of long chain (C17 + ) alkanoic Glycerol monooleate

acid Glyoxal solution (40% or less)
Cyclohexanol Glyphosate solution (not containing surfac-
Decahydronaphthalene tant)
251
§ 151.47 33 CFR Ch. I (7–1–20 Edition)
Heptanoic acid Coconut oil, fatty acid methyl ester
Hexamethylenediamine adipate Lanolin
Hexamethylenetetramine solutions Linseed
Hexanoic acid Neatsfoot
Hexanol Oiticica
N–(Hydroxyethyl)ethylenediamine triacetic Palm oil, fatty acid methyl ester
acid, trisodium salt solution Palm oil, methyl ester
Isophorone Perilla
Lactic acid Pilchard
Latex (ammonia (1% or less) inhibited) Soya bean (epoxidized)
Long chain alkaryl sulfonic acid (C16–C60) Sperm
Magnesium long chain alkaryl sulfonate Tung
(C11–C50) Whale
Magnesium long chain alkyl phenate sulfide Olefin/Alkyl ester copolymer (molecular
(C8–C20) weight 2000 + )
3-Methoxybutyl acetate Oleic acid
Methyl acetoacetate Palm kernel acid oil, methyl ester
Methyl alcohol Palm stearin
Methyl amyl ketone Pentaethylenehexamine
Methyl butenol Pentanoic acid
Methyl butyl ketone
Poly(2–8)alkylene glycol monoalkyl(C1-C6)
Methyl isobutyl ketone
ether, Including:
Methyl tert-butyl ether
Diethylene glycol butyl ether
Methyl butynol
Diethylene glycol ethyl ether
Methyl propyl ketone
Diethylene glycol n-hexyl ether
N-Methyl-2-pyrrolidone
Myrcene Diethylene glycol methyl ether
Naphthalene sulfonic acid-formaldehyde co- Diethylene glycol n-propyl ether
polymer, sodium salt solution Dipropylene glycol butyl ether
Nonanoic acid (all isomers) Dipropylene glycol methyl ether
Nonanoic, Tridecanoic acid mixture Polypropylene glycol methyl ether
Nonyl methacrylate Triethylene glycol butyl ether
Noxious Liquid Substance, (17) n.o.s. Triethylene glycol ethyl ether
Octadecenoamide solution Triethylene glycol methyl ether
Octanoic acid Tripropylene glycol methyl ether
Oil, edible: Poly(2–8)alkylene glycol monoalkyl(C1–C6)
Babassu ether acetate, Including:
Beechnut Diethylene glycol butyl ether acetate
Castor Diethylene glycol ethyl ether acetate
Cocoa butter Diethylene glycol methyl ether acetate
Coconut Polyalkylene glycols, Polyalkylene glycol
Cod liver monoalkyl ethers mixtures
Corn Polypropylene glycol methyl ether, see
Cottonseed Poly(2–8)alkylene glycol monoalkyl(C1–C6)
Fish ether
Groundnut Polyalkyl(C10–C20) methacrylate
Hazelnut Polybutenyl succinimide
Nutmeg butter Polyether (molecular weight 2000 + )
Olive Polyethylene glycol monoalkyl ether
Palm Polyolefin amide alkeneamine (C17 + )
Palm kernel Polyolefin amide alkeneamine (C28 + )
Peanut Polyolefin amide alkeneamine borate (C28–
Poppy C250)
Raisin seed Polyolefin amide alkeneamine polyol
Rapeseed Polyolefin anhydride
Rice bran Polyolefin ester (C28–C250)
Safflower Polyolefin phenolic amine (C28–C250)
Salad Polyolefin phosphorosulfide, barium deriva-
Sesame tive
Soya bean Polypropylene glycol
Sunflower seed n-Propyl acetate
Tucum Propylene glycol monoalkyl ether, Includ-
Vegetable ing:
Walnut n-Propoxypropanol
Oil, misc: Propylene glycol n-butyl ether
Animal, n.o.s. Propylene glycol ethyl ether
Coconut oil, esterified Propylene glycol methyl ether
252
Propylene glycol ethyl ether, see Propylene Heptene (all isomers)
glycol monoalkyl ether Hexane (all isomers)
Propylene glycol methyl ether, see Pro- Hexene (all isomers)
pylene glycol monoalkyl ether iso-Propylcyclohexane
Propylene glycol methyl ether acetate Methyl cyclohexane
Propylene glycol phenyl ether 2-Methyl-1-pentene, see Hexene (all isomers)
Sodium acetate solution Nonane (all isomers)
Sodium benzoate solution Octane (all isomers)
Sodium carbonate solution Olefin mixtures (C5–C7)
Soybean oil (epoxidized) Pentane (all isomers)
Sulfohydrocarbon (C3–C88) Pentene (all isomers)
Sulfonated polyacrylate solution 1-Phenyl-1-xylylethane
Sulfolane Propylene dimer
Sulfurized fat (C14–C20) Tetrahydronaphthalene
Sulfurized polyolefinamide alkene(C28– Toluene
C250)amine Xylenes
Tallow
Tallow fatty acid (b) [Reserved]
Tetrasodium salt of
Ethylenediaminetetraacetic acid solution [CGD 85–010, 52 FR 7759, Mar. 12, 1987, as
Triethylene glycol butyl ether, see Poly(2– amended by CGD 88–100a, 54 FR 40001, Sept.
8)alkylene glycol monoalkyl(C1–C6) ether 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92–
Triethylene glycol ethyl ether, see Poly(2– 100a, 59 FR 16987, Apr. 11, 1994; CGD 94–901, 59
8)alkylene glycol monoalkyl(C1–C6) ether FR 45148, Aug. 31, 1994; CGD 95–901, 60 FR
Triethylene glycol methyl ether, see Poly(2– 34039, June 29, 1995; USCG 2000–7079, 65 FR
8)alkylene glycol monoalkyl(C1–C6) ether 67157, Nov. 8, 2000; USCG–2008–0179, 73 FR
Triethyl phosphate 35014, June 19, 2008]
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see GARBAGE POLLUTION AND SEWAGE
Poly(2–8)alkylene glycol monoalkyl(C1–C6)
ether SOURCE: Sections 151.51 through 151.77 and
Trisodium salt of N-(Hydroxyethyl)-ethyl- Appendix A appear by CGD 88–002, 54 FR
enediamine triacetic acid solution 18405, Apr. 28, 1989, unless otherwise noted.
Urea, Ammonium mono- and di-hydrogen
phosphate, Potassium chloride solution § 151.51 Applicability.
Urea, Ammonium nitrate solution (2% or
less NH 3)
(a) Except as provided in paragraphs
Urea, Ammonium phosphate solution (b) through (f) of this section, §§ 151.51
Vegetable oils, n.o.s. (see also Oil, edible) through 151.77 apply to each ship that—
Vegetable acid oils and distillates, n.o.s. (1) Is of United States registry or na-
Waxes: tionality, or one operated under the
Candelilla authority of the United States, includ-
Carnauba ing recreational vessels defined in 46
[CGD 85–010, 52 FR 7759, Mar. 12, 1987, as U.S.C. 2101(25) and uninspected vessels
amended by CGD 88–100a, 54 FR 40000, Sept. defined in 46 U.S.C. 2101(43), wherever
29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92– located; or
100a, 59 FR 16986, Apr. 11, 1994; CGD 94–901, 59 (2) Is operated under the authority of
FR 45147, Aug. 31, 1994; CGD 95–901, 60 FR
a country other than the United States
34039, June 29, 1995; USCG 2000–7079, 65 FR
67155, Nov. 8, 2000] while in the navigable waters or the
Exclusive Economic Zone of the United
§ 151.49 Category C and D Oil-like States.
NLSs allowed for carriage. (b) Sections 151.51 through 151.77 do
The following is a list of Category C not apply to—
and D Oil-like NLSs that the Coast (1) A warship, naval auxiliary, or
Guard allows to be carried: other ship owned or operated by a
(a) The following Category C oil-like country when engaged in noncommer-
NLSs may be carried: cial service; or
(2) Any other ship specifically ex-
Aviation alkylates cluded by MARPOL.
Cycloheptane (c) Section 151.55 (Recordkeeping) ap-
Cyclohexane
plies to—
Cyclopentane
p-Cymene (1) A manned oceangoing ship (other
Ethylcyclohexane than a fixed or floating drilling rig or
Heptane (all isomers) other platform) of 400 gross tons and
253
§ 151.53 33 CFR Ch. I (7–1–20 Edition)
above that is documented under the Presidential Proclamation 5030 of March 10,
laws of the United States or numbered 1983 (3 CFR, 1983 Comp., p. 22).
by a State; [USCG–2012–1049, 78 FR 13491, Feb. 28, 2013]
(2) A manned oceangoing ship (other
than a fixed or floating drilling rig or § 151.53 Special areas for Annex V of
other platform) of 400 gross tons and MARPOL 73/78.
above that is operated under the au- (a) For the purposes of §§ 151.51
thority of a country other than the through 151.77, the special areas are the
United States while in the navigable Mediterranean Sea area, the Baltic Sea
waters or the Exclusive Economic Zone area, the Black Sea area, the Red Sea
of the United States; area, the Gulfs area, the North Sea
(3) A manned fixed or floating drill-
area, the Antarctic area, and the Wider
ing rig or other platform subject to the
Caribbean region, including the Gulf of
jurisdiction of the United States; or
Mexico and the Caribbean Sea which
(4) A manned ship that is certified to
are described in § 151.06.
carry 15 or more persons engaged in
international voyages. (b) In accordance with paragraph 3.2
(d) Section 151.57 (Garbage Manage- of Regulation 8 of Annex V of
ment Plans) applies to— MARPOL, the discharge restrictions in
(1) A manned oceangoing ship (other § 151.71 for special areas will enter into
than a fixed or floating drilling rig or effect when each party to MARPOL
other platform) of 40 feet or more in whose coastline borders the special
length that is documented under the area has certified that reception facili-
laws of the United States or numbered ties are available and the IMO has es-
by a state and that either is engaged in tablished an effective date for each spe-
commerce or is equipped with a galley cial area. Notice of the effective dates
and berthing; for the discharge requirements in each
(2) A manned fixed or floating drill- special area will be published in the
ing rig or other platform subject to the FEDERAL REGISTER and reflected in this
jurisdiction of the United States; or section.
(3) A manned ship of 100 gross tons or (c) The discharge restrictions are in
more that is operated under the au- effect in the Wider Caribbean Region,
thority of a country other than the the Mediterranean Sea, the Baltic Sea,
United States while in the navigable the North Sea, the Gulfs, and the Ant-
waters or the Exclusive Economic Zone arctic special areas.
of the United States. [CGD 94–056, 60 FR 43378, Aug. 21, 1995, as
(e) Section 151.59 (Placards) applies amended by USCG–2009–0273, 74 FR 66241,
to— Dec. 15, 2009; USCG–2011–0187, 77 FR 19543,
(1) A manned U.S. ship (other than a Apr. 2, 2012; USCG–2012–1049, 78 FR 13491, Feb.
fixed or floating drilling rig or other 28, 2013]
platform) that is 26 feet or more in
length; § 151.55 Recordkeeping requirements.
(2) A manned floating drilling rig or (a) The master or person in charge of
other platform in transit that is sub- a ship to which this section applies
ject to the jurisdiction of the United shall ensure that a written record is
States; or maintained on the ship of each of the
(3) A manned ship of 40 feet or more following garbage discharge or disposal
in length that is operated under the au- operations:
thority of a country other than the (1) Discharge to a reception facility
United States while in the navigable
or to another ship;
waters or the Exclusive Economic Zone
(2) Incineration on the ship;
of the United States.
(f) Section 151.73 (Discharge of Gar- (3) Discharge into the sea; and/or
bage from Fixed or Floating platforms) (4) Accidental or other exceptional
only applies to a fixed or floating drill- discharges.
ing rig or other platform subject to the (b) When garbage is discharged to a
jurisdiction of the United States. reception facility or to another ship,
NOTE TO § 151.51: The Exclusive Economic the record under paragraph (a) of this
Zone extends from the baseline of the terri- section must contain the following in-
torial sea seaward 200 miles as defined in the formation:
254
(1) The date and time of the dis- rect by the master or person in charge
charge; of the ship, maintained on the ship for
(2) If the operation was conducted at 2 years following the operation, and
a port, the name of the port; made available for inspection by the
(3) If the operation was not con- Coast Guard.
ducted at a port, the latitude and lon-
gitude of the location where the oper- [USCG–2012–1049, 78 FR 13491, Feb. 28, 2013]
ation was conducted, and if the oper-
§ 151.57 Garbage management plans.
ation involved off-loading to another
ship, the name and official number of (a) The master or person in charge of
the receiving ship; a ship to which this section applies
(4) The categories of garbage in- shall ensure that the ship is not oper-
volved; and ated unless a garbage management
(5) The estimated amount of each plan meeting paragraph (b) of this sec-
category of garbage discharged, de- tion is on the ship and that each person
scribed by volume in cubic meters. handling garbage follows the plan.
(c) When garbage is incinerated on (b) Each garbage management plan
the ship, the record under paragraph under paragraph (a) of this section
(a) of this section must contain the fol- must be in writing and—
lowing information: (1) Provide for the discharge of gar-
(1) The date and time of the starting bage by means that meet Annex V of
and stopping of the incineration; MARPOL, the Act, and §§ 151.51 through
(2) The latitude and longitude of the 151.77;
ship at the starting and stopping of the (2) Describe procedures for mini-
incineration; mizing, collecting, processing, storing,
(3) The categories of the garbage in- and discharging garbage; and
volved; and
(3) Designate the person who is in
(4) The estimated amount of each
charge of carrying out the plan.
category of garbage involved, described
by volume in cubic meters. (Approved by the Office of Management and
(d) When garbage which is allowed Budget under control number 1625–0072)
into the sea is discharged overboard, [USCG–2012–1049, 78 FR 13492, Feb. 28, 2013]
the record under paragraph (a) of this
section must contain the following in- § 151.59 Placards.
formation:
(1) The date and time of the dis- (a) The master or person in charge of
charge; a ship, including a drilling rig or plat-
(2) The latitude and longitude of the form, to which this section applies
ship; shall ensure that one or more placards
(3) The categories of the garbage in- meeting the requirements of this sec-
volved; and tion are displayed in prominent loca-
(4) The estimated amount of each tions and in sufficient numbers so that
category of garbage involved, described they can be read by the crew and pas-
by volume in cubic meters. sengers. These locations must be read-
(e) For the record under paragraph ily accessible to the intended reader
(a) of this section, the categories of and may include embarkation points,
garbage are food service facilities, garbage han-
(1) Plastics, dling spaces, living spaces, and com-
(2) Food wastes, mon areas on deck. If the Captain of
(3) Domestic wastes, the Port (COTP) determines that the
(4) Cooking oil, number or location of the placards is
(5) Incinerator ashes, insufficient to adequately inform crew
(6) Operational wastes, and passengers, the COTP may require
(7) Cargo residues, additional placards and may specify
(8) Animal carcasses, and their locations.
(9) Fishing gear. (b) Each placard must be at least 20
(f) The record under paragraph (a) of cm (8 in) wide by 121⁄2 cm (5 in) high,
this section must be prepared at the made of a durable material, and leg-
time of the operation, certified as cor- ible.
255
§ 151.61 33 CFR Ch. I (7–1–20 Edition)
(c) At a minimum, each placard must (d) A garbage management plan,

notify the reader of the operating re- when required under § 151.57, is on
quirements contained in §§ 151.67 board and that the condition of the
through 151.73 as they apply to that ship, equipment and operational proce-
ship. The following requirements dures of the ship meet the plan; and
should also be prominently stated: (e) Placards, when required by
(1) The discharge of all garbage is § 151.59, are posted on board.
prohibited into the navigable waters of
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as
the United States and into all other amended by CGD 88–002A, 55 FR 18583, May 2,
waters except as specifically allowed; 1990; USCG–2012–1049, 78 FR 13492, Feb. 28,
(2) The discharge of all forms of plas- 2013]
tic into all waters is prohibited;
(3) A person who violates the above § 151.63 Shipboard control of garbage.
requirements is liable for civil and/or (a) The master, operator, or person
criminal penalties; and who is in charge of a ship shall ensure
(4) Regional, state, and local restric- that all garbage is discharged ashore or
tions on garbage discharges also may in accordance with §§ 151.66–151.73.
apply. (b) The following factors, among oth-
(d) For ships while operating on the ers, may be considered by enforcement
Great Lakes or their connecting or personnel in evaluating compliance
tributary waters, the placard must— with §§ 151.51 through 151.77:
(1) Notify the reader of the informa- (1) Records, including receipts, of
tion in paragraph (c) of this section; or garbage discharges at port reception
(2) Notify the reader of the following: facilities.
(i) Except as allowed by § 151.66, the (2) Records under § 151.55 or log en-
discharge of all garbage into the Great tries of garbage discharges.
Lakes or their connecting or tributary (3) The presence and operability of
waters is prohibited; and equipment to treat ship-generated gar-
(ii) A person who violates the above bage, including, but not limited to, in-
requirements is liable for a civil pen- cinerators, grinders, or comminuters.
alty for each violation, and the crimi- (4) The presence of and adherence to
nal penalties of a class D felony. a written shipboard garbage manage-
[USCG–2012–1049, 78 FR 13492, Feb. 28, 2013] ment plan.
(5) The absence of plastics in ship
§ 151.61 Inspection for compliance and stores.
enforcement. (6) Ongoing educational programs to
While within the navigable waters of train shipboard personnel of garbage
the United States or the Exclusive Eco- handling procedures and the need for
nomic Zone, a ship is subject to inspec- these.
tion by the Coast Guard or other au- (7) The presence of shipboard spaces
thorized federal agency to determine used for collecting, processing, storing
if— and discharging ship-generated gar-
(a) The ship has been operating in ac- bage.
cordance with these regulations and (c) The master, operator, or person
has not discharged plastics or other who is in charge of a ship shall ensure
garbage in violation of the provisions that if garbage is transported from a
of the Act or Annex V of MARPOL; ship by shipboard personnel, it is prop-
(b) Grinders or comminuters used for erly deposited into a port or terminal’s
the discharge of garbage between 3 and reception facility.
12 nautical miles from nearest land are [CGD 88–002, 54 FR 18405, Apr. 28, 1989, as
capable of reducing the size of garbage amended by CGD 88–002A, 55 FR 18583, May 2,
so that it will pass through a screen 1990; CGD 92–71, 59 FR 18703, Apr. 19, 1994;
with openings no greater than 25 milli- USCG–2012–1049, 78 FR 13492, Feb. 28, 2013]
meters (one inch);
(c) Information for recordkeeping re- § 151.65 Reporting requirements.
quirements, when required under The master or person who is in

§ 151.55, is properly and accurately charge of each oceangoing ship shall
logged; notify the port or terminal, at least 24
256
hours before entering the port or ter- and other clean stone, iron ore, coal,
minal, of the name of the ship and the salt, and cement. It does not include
estimated volume of garbage requiring residues of any substance known to be
disposal, if any of the following types toxic or hazardous, such as nickel, cop-
of garbage are to be discharged: per, zinc, lead, or materials classified
(a) Garbage regulated by the Animal as hazardous in provisions of law or
and Plant Health Inspection Service treaty.
(APHIS) of the U.S. Department of Ag- Caribou Island and Southwest Bank
riculture under 7 CFR 330.400 or 9 CFR Protection Area means the area enclosed
94.5; by rhumb lines connecting the fol-
(b) Medical wastes; or lowing coordinates, beginning on the
(c) Hazardous wastes defined in 40 northernmost point and proceeding
CFR 261.3. clockwise:
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as 47°30.0′ N, 085°50.0′ W
amended by USCG–2012–1049, 78 FR 13492, 47°24.2′ N, 085°38.5′ W
Feb. 28, 2013] 47°04.0′ N, 085°49.0′ W
47°05.7′ N, 085°59.0′ W
§ 151.66 Operating requirements: Dis- 47°18.1′ N, 086°05.0′ W.
charge of garbage in the Great
Lakes and other navigable waters. Commercial vessel means a commercial
vessel loading, unloading, or dis-
(a) Except as otherwise provided in
charging bulk dry cargo in the U.S.
this section, no person on board any
waters of the Great Lakes, or a U.S.
ship may discharge garbage into the
commercial vessel transporting bulk
navigable waters of the United States.
dry cargo and operating anywhere on
Cleaning agents or additives contained
the Great Lakes; but the term does not
in deck and external surface wash
include a non-self-propelled barge un-
water may be discharged only if these
less it is part of an integrated tug and
substances are not harmful to the ma-
barge unit.
rine environment.
Comparable characteristics, cargoes,
(b)(1) On the U.S. waters of the Great
and operations means similar vessel de-
Lakes, commercial vessels may dis-
sign, size, age, crew complement, car-
charge bulk dry cargo residues in ac-
goes, operational routes, deck and hold
cordance with and subject to the condi-
configuration, and fixed cargo transfer
tions imposed by this paragraph.
equipment configuration.
(2) As used in this paragraph and in
Detroit River International Wildlife Ref-
paragraph (c) of this section—
uge means the U.S. waters of the De-
Apostle Islands National Lakeshore
troit River bound by the area extend-
means the site on or near Lake Supe-
ing from the Michigan shore at the
rior administered by the National Park
southern outlet of the Rouge River to
Service, less Madeline Island, and in-
41°54.0′ N., 083°06.0′ W. along the U.S.-
cluding the Wisconsin shoreline of
Canada boundary southward and clock-
Bayfield Peninsula from the point of
wise connecting points:
land at 46°57′19.7″ N. 090°52′51.0″ W
southwest along the shoreline to a 42°02.0′ N, 083°08.0′ W
point of land at 46°52′56.4″ N. 091°3′3.1″ 41°54.0′ N, 083°06.0′ W
W. 41°50.0′ N, 083°10.0′ W
Broom clean means a condition in 41°44.52′ N, 083°22.0′ W
41°44.19′ N, 083°27.0′ W.
which the vessel’s deck shows that care
has been taken to prevent or eliminate Dry cargo residue (or DCR) manage-
any visible concentration of bulk dry ment plan means the plan required by
cargo residues, so that any remaining paragraph (b)(5) of this section.
bulk dry cargo residues consist only of Grand Portage National Monument
dust, powder, or isolated and random means the site on or near Lake Supe-
pieces, none of which exceeds 1 inch in rior, administered by the National
diameter. Park Service, from the southwest cor-
Bulk dry cargo residues means non- ner of the monument point of land at
hazardous and non-toxic residues, re- 47°57.521′ N 089°41.245′ W. to the north-

gardless of particle size, of dry cargo east corner of the monument point of
carried in bulk, including limestone land, 47°57.888′ N 089°40.725′ W.
257
§ 151.66 33 CFR Ch. I (7–1–20 Edition)
Indiana Dunes National Lakeshore 45°30.0′ N, 085°15.0′ W

means the site on or near Lake Michi- 45°25.0′ N, 085°15.0′ W
gan, administered by the National 45°25.0′ N, 085°20.0′ W
45°20.0′ N, 085°20.0′ W
Park Service, from a point of land near 45°20.0′ N, 085°40.0′ W
Gary, Indiana at 41°42′59.4″ N 086°54′59.9″ 45°15.0′ N. 085°40.0′ W
W eastward along the shoreline to 45°15.0′ N, 085°50.0′ W
41°37′08.8″N 087°17′18.8″ W near Michigan 45°10.0′ N, 085°50.0′ W
City, Indiana. 45°10.0′ N, 086°00.0′ W.
Industry standard practices means Pictured Rocks National Lakeshore
practices that ensure the proper instal-
means the site on or near Lake Supe-
lation, maintenance, and operation of
rior, administered by the National
shipboard cargo transfer and DCR re-
Park Service, from a point of land at
moval equipment, proper crew training
46°26′21.3″ N 086°36′43.2″ W eastward
in DCR minimization procedures and
along the Michigan shoreline to
cargo transfer operations, and proper
46°40′22.2″ N 085°59′58.1″ W.
supervision of cargo transfer oper-
Six Fathom Scarp Mid-Lake Special
ations to minimize DCR accumulation
Protection Area means the area enclosed
on or in a commercial vessel.
by rhumb lines connecting the fol-
Integrated tug and barge unit means
lowing coordinates, beginning on the
any tug-barge combination which,
northernmost point and proceeding
through the use of special design fea-
clockwise:
tures or a specially designed connec-
tion system, has increased sea-keeping 44°55.0′ N, 082°33.0′ W
capabilities relative to a tug and barge 44°47.0′ N, 082°18.0′ W
in the conventional pushing mode. 44°39.0′ N, 082°13.0′ W
44°27.0′ N, 082°13.0′ W
Isle Royale National Park means the
44°27.0′ N, 082°20.0′ W
site on or near Lake Superior, adminis- 44°17.0′ N, 082°25.0′ W
tered by the National Park Service, 44°17.0′ N, 082°30.0′ W
where the boundary includes any sub- 44°28.0′ N, 082°40.0′ W
merged lands within the territorial ju- 44°51.0′ N, 082°44.0′ W
risdiction of the United States within 44°53.0′ N, 082°44.0′ W
41⁄2 miles of the shoreline of Isle Royale 44°54.0′ N, 082°40.0′ W.
and the surrounding islands, including Sleeping Bear Dunes National Lake-
Passage Island and Gull Island. shore means the site on or near Lake
Mile means a statute mile. Michigan, administered by the Na-
Milwaukee Mid-Lake Special Protection tional Park Service, that includes
Area means the area enclosed by rhumb North Manitou Island, South Manitou
lines connecting the following coordi- Island and the Michigan shoreline from
nates, beginning on the northernmost a point of land at 44°42′45.1″ N,
point and proceeding clockwise: 086°12′18.1″ W north and eastward along
43°27.0′ N 087°14.0′ W the shoreline to 44°57′12.0″ N, 085°48′12.8″
43°21.2′ N, 087°02.3′ W W.
43°03.3′ N, 087°04.8′ W Stannard Rock Protection Area means
42°57.5′ N, 087°21.0′ W the area within a 6-mile radius from
43°16.0′ N, 087°39.8′ W. Stannard Rock Light, at 47°10′57″ N
Minimization means the reduction, to 087°13′34″ W.
the greatest extent practicable, of any Superior Shoal Protection Area means
bulk dry cargo residue discharge from the area within a 6-mile radius from
the vessel. the center of Superior Shoal, at 48°03.2′
Northern Refuge means the area en- N 087°06.3′ W.
closed by rhumb lines connecting the Thunder Bay National Marine Sanc-
coordinates, beginning on the north- tuary means the site on or near Lake
ernmost point and proceeding clock- Huron designated by the National Oce-
wise: anic and Atmospheric Administration
45°45.0′ N, 086°00.0′ W, as the boundary that forms an approxi-
mately rectangular area by extending
western shore of High Island, southern along the ordinary high water mark be-
shore of Beaver Island: tween the northern and southern
45°30.0′ N, 085°30.0′ W boundaries of Alpena County, cutting
258
across the mouths of rivers and 42°24.3′ N, 087°29.3′ W

streams, and lakeward from those 42°13.0′ N, 087°25.1′ W
points along latitude lines to longitude 42°12.2′ N, 087°29.1′ W
83 degrees west. The coordinates of the 42°18.1′ N, 087°33.1′ W
boundary are: 42°24.1′ N, 087°32.0′ W.
45°12’25.5′ N, 083°23’18.6′ W Western Basin means that portion of

45°12’25.5′ N, 083°00’00′ W Lake Erie west of a line due south from
44°51’30.5′ N, 083°00’00′ W Point Pelee.
44°51’30.5′ N, 083°19’17.3′ W.
(3) Discharges of bulk dry cargo res-
Waukegan Special Protection Area idue under paragraph (b) of this section
means the area enclosed by rhumb are allowed, subject to the conditions
lines connecting the following coordi- listed in Table 151.66(b)(3) of this sec-
nates, beginning on the northernmost tion.
point and proceeding clockwise:
TABLE 151.66(B)(3)—BULK DRY CARGO RESIDUE DISCHRGES ALLOWED ON THE GREAT LAKES
Location Cargo Discharge allowed except as noted
Tributaries, their connecting riv- Limestone and other clean Prohibited within 3 miles from shore.
ers, and the St. Lawrence stone.
River.
All other cargoes ..................... Prohibited.
Lake Ontario ............................. Limestone and other clean Prohibited within 3 miles from shore.
stone.
Iron ore ................................... Prohibited within 6 miles from shore.
All other cargoes ..................... Prohibited within 13.8 miles from shore.
Lake Erie ................................... Limestone and other clean Prohibited within 3 miles from shore; prohibited in the Detroit
stone. 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 be-
tween 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 De-
troit and immediately thereafter loads new cargo in Toledo,
Detroit, or Windsor.
Coal, salt ................................. Prohibited within 13.8 miles from shore; prohibited in the De-
troit River International Wildlife Refuge; prohibited in West-
ern 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 De-
troit River International Wildlife Refuge; prohibited in West-
ern Basin.
Lake St. Clair ............................ Limestone and other clean Prohibited within 3 miles from shore.
stone.
All other cargoes ..................... Prohibited.
Lake Huron, except Six Fathom Limestone and other clean Prohibited within 3 miles from shore; prohibited in the Thun-
Scarp Mid-Lake Special Pro- stone. der Bay National Marine Sanctuary.
tection Area.
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 nau-
tical miles northeast of Point Aux Barques Light, pro-
hibited within 4 miles from shore and not less than 10

fathoms of depth.
259
§ 151.66 33 CFR Ch. I (7–1–20 Edition)
TABLE 151.66(B)(3)—BULK DRY CARGO RESIDUE DISCHRGES ALLOWED ON THE GREAT LAKES—
Continued
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 Prohibited within 3 miles from shore; prohibited within the
stone. 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 Lake-
shores; except that discharges are allowed at:
(a) 4.75 miles off Big Sable Point Betsie, along estab-
lished 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 In-
land 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
Sleeping Bear National Lakeshores, and in Green Bay.
All other cargoes ..................... Prohibited in the Northern Refuge; prohibited within 13.8
Sleeping Bear National Lakeshores.
Lake Superior ............................ Limestone and other clean Prohibited within 3 miles from shore; and prohibited within
stone. Isle Royale National Park and the Caribou Island and
Southwest Bank, Stannard Rock, and Superior Shoal Pro-
tection Areas, and within 3 miles of the shore of the Apos-
tle Islands and Pictured Rocks National Lakeshores or the
Grand Portage National Monument.
Iron ore ................................... Prohibited within 6 miles from shore (within 3 miles off north-
western 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 Lake-
shores or the Grand Portage National Monument.
260
TABLE 151.66(B)(3)—BULK DRY CARGO RESIDUE DISCHRGES ALLOWED ON THE GREAT LAKES—
Continued
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 off-
shore west of a line due north from Bark Point); and pro-
hibited within Isle Royale National Park and the Caribou Is-
land 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 Lake-
shores 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 Pro-
tection Areas, and within 3 miles of the shore of the Apos-
tle Islands and Pictured Rocks National Lakeshores or the
Grand Portage National Monument.
(4) The master, owner, operator, or minimize cargo spillage onto the decks
person in charge of any commercial and into the transfer tunnels and to
vessel must ensure that the vessel’s achieve and maintain the broom clean
deck is kept broom clean whenever the deck condition required by paragraph
vessel is in transit. (b)(4) of this section;
(5) The master, owner, operator, or (iv) Operational procedures employed
person in charge of any commercial by the vessel’s crew during or after
vessel must ensure that a dry cargo loading or unloading operations to re-
residue management plan is on board turn spilled bulk dry cargo residue to
the vessel, is kept available for Coast the vessel’s holds or to shore via an un-
Guard inspection, and that all oper- loading conveyance;
ations are conducted in accordance (v) How the vessel’s owner or oper-
with the plan. A waste management ator ensures that the vessel’s crew is
plan meeting the requirements of 33 familiar with any operational proce-
CFR 151.57 satisfies this requirement, dures described by the plan;
so long as it provides all the informa- (vi) The position title of the person
tion required by this paragraph (b)(5). on board who is in charge of ensuring
If the plan is maintained electroni- compliance with procedures described
cally, at least one paper copy of the in the plan;
plan must be on board for use during (vii) Any arrangements between the
inspections. The plan must describe the vessel and specific ports or terminals
specific measures the vessel employs to for the unloading and disposal of the
ensure the minimization of bulk dry vessel’s bulk dry cargo residues ashore;
cargo residue discharges, and, at a min- and
imum, must list or describe— (viii) The procedures used and the
(i) Equipment on board the vessel vessel’s operating conditions to be
that is designed to minimize bulk dry maintained during any unavoidable
cargo spillage during loading and un- discharge of bulk dry cargo residue
loading; into the Great Lakes.
(ii) Equipment on board the vessel (6) In determining whether a com-
that is available to recover spilled mercial vessel or person is in compli-
cargo from the decks and transfer tun- ance with paragraph (b) of this section,
nels and return it to the holds or to un- Coast Guard personnel may consider—
loading conveyances; (i) The extent to which the proce-
(iii) Operational procedures employed dures described in the vessel’s DCR

by the vessel’s crew during the loading management plan reflect current in-
or unloading of bulk dry cargoes to dustry standard practices for vessels of
261
§ 151.67 33 CFR Ch. I (7–1–20 Edition)
comparable characteristics, cargoes, ing or unloading operation that is to be

and operations; discharged.
(ii) The crew’s demonstrated ability (3) For each discharge, the record
to perform tasks for which the DCR must describe:
management plan holds them respon- (i) The date and time the discharge
sible; started, and the date and time the dis-
(iii) Whether equipment described in charge ended;
the DCR management plan is main- (ii) The ship’s position, in latitude
tained in proper operating condition; and longitude, when the discharge
and started and when the discharge ended;
(iv) The extent to which the crew ad- and
heres to the vessel’s DCR management (iii) The ship’s speed during the dis-
plan during actual dry cargo loading
charge.
and unloading operations and DCR dis-
charge operations. (iv) Until February 28, 2015, records
must be kept on Coast Guard Form CG–
(c)(1) The master, owner, operator, or
person in charge of any commercial 33, which can be found at http://
ship loading, unloading, or discharging www.uscg.mil/hq/cg5/cg522/cg5224/
bulk dry cargo in the United States’ drylcargo.asp. Copies of the records
waters of the Great Lakes and the mas- must be forwarded to the Coast Guard
ter, owner, operator, or person in at least once each quarter, no later
charge of a U.S. commercial ship trans- than the 15th day of January, April,
porting bulk dry cargo and operating July, and October. The record copies
anywhere on the Great Lakes, exclud- must be provided to the Coast Guard
ing non-self propelled barges that are using only one of the following means:
not part of an integrated tug and barge (A) Email to
unit, must ensure that a written record DCRRecordkeeping@USCG.mil;
is maintained on the ship that fully (B) Fax to 202–372–1928, ATTN: DCR
and accurately records information on: RECORDKEEPING; or
(i) Each loading or unloading oper- (C) Mail to U.S. Coast Guard: Com-
ation on the United States’ waters of mandant (CG–OES), ATTN: DCR REC-
the Great Lakes, or in the case of U.S. ORDKEEPING, 2703 Martin Luther
commercial ships on any waters of the King Jr. Avenue SE., Stop 7509, Wash-
Great Lakes, involving bulk dry cargo; ington, DC 20593–7126.
and
(v) After February 28, 2015, the use of
(ii) Each discharge of bulk dry cargo
Form CG–33 is optional. However,
residue that takes place in United
records must still be certified by the
States’ waters of the Great Lakes, or
master, owner, operator, or person in
in the case of U.S. commercial ships on
any waters of the Great Lakes. charge; must be kept in written form
on board the ship for at least 2 years;
(2) For each loading or unloading op-
eration, the record must describe: and must be made available for Coast
(i) The date of the operation; Guard inspection upon request.
(ii) Whether the operation involved [USCG–2004–19621, 79 FR 5279, Jan. 31, 2014, as
loading or unloading; amended by USCG–2014–0410, 79 FR 43646,
(iii) The name of the loading or un- July 28, 2014]
loading facility;
(iv) The type of bulk dry cargo loaded § 151.67 Operating requirements: Dis-
or unloaded; charge of plastic prohibited.
(v) The method or methods used to No person on board any ship may dis-
control the amount of bulk dry cargo charge into the sea, or into the navi-
residue, either onboard the ship or at gable waters of the United States, plas-
the facility; tic or garbage mixed with plastic, in-
(vi) The time spent to implement cluding, but not limited to, synthetic
methods for controlling the amount of ropes, synthetic fishing nets, and plas-
bulk dry cargo residue; and tic garbage bags. All garbage con-
(vii) The estimated volume of bulk taining plastics requiring disposal
dry cargo residue created by the load-
262
must be discharged ashore or inciner- § 151.71 Operating requirements: Dis-

ated. charge of garbage within special
areas.
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as
amended by CGD 88–002A, 55 FR 18583, May 2, (a) When a ship is located within a
1990] special area referenced in § 151.53 of this
part, no person may discharge garbage
§ 151.69 Operating requirements: Dis- into the water, except as allowed in
charge of garbage outside special this section.
areas. (b) Food wastes shall only be dis-
(a) Except for ships operating in the charged while the ship is en route
Great Lakes which must comply with and—
section 151.66, when a ship is operating (1) As far as practicable from the
outside of a special area specified in nearest land or nearest ice shelf, but
§ 151.53, no person may discharge gar- not less than 12 nautical miles from
bage into the sea, except as allowed in the nearest land or nearest ice shelf;
paragraphs (b) through (d) of this sec- (2) After having been processed with
tion. a grinder or comminuter specified in
§ 151.75; and
(b) The following allowed discharges
(3) Not contaminated by any other
of garbage shall only be conducted
garbage type.
while the ship is en route and as far as
(4) The discharge of introduced avian
practicable from the nearest land, but
products, including poultry and poul-
never less than— try parts, is not permitted in the Ant-
(1) 12 nautical miles for food wastes, arctic area unless it has been treated
except that, such food wastes may be to be made sterile.
discharged outside of 3 nautical miles (c) Cargo residues that cannot be re-
from nearest land after they have been covered using commonly available
processed with a grinder or methods for unloading may be dis-
comminuter specified in § 151.75; charged where all the following condi-
(2) 12 nautical miles for cargo resi- tions are satisfied:
dues that cannot be recovered using (1) The cargo residues, cleaning
commonly available methods for un- agents or additives contained in the
loading. The discharged cargo residues cargo hold washing water do not con-
must not be harmful to the marine en- tain any substances that are harmful
vironment; and to the marine environment.
(3) 100 nautical miles and the max- (2) Both the port of departure and the
imum water depth possible for animal next port of destination must be within
carcasses. Discharge shall be conducted the special area and the ship will not
in accordance with the applicable transit outside of the special area when
International Maritime Organization moving between those ports.
guidelines. (3) No adequate reception facilities
(c) Cleaning agents or additives con- are available at those ports.
tained in cargo hold, deck, and exter- (4) When the conditions of paragraphs
nal surfaces wash water may be dis- (c)(1) through (c)(3) of this section have
charged only if these substances are been fulfilled, discharge of cargo hold
washing water containing residues
not harmful to the marine environ-
shall be made as far as practicable
ment.
from the nearest land or the nearest
(d) Mixtures of garbage having dif- ice shelf and not less than 12 nautical
ferent discharge requirements must be: miles from the nearest land or the
(1) Retained on board for later dis- nearest ice shelf.
posal ashore; or (d) Cleaning agents or additives con-
(2) Discharged in accordance with the tained in deck and external surfaces
more stringent requirement prescribed wash water may be discharged only if
by paragraphs (a) through (c) of this those substances are not harmful to
section. the marine environment.

[USCG–2012–1049, 78 FR 13492, Feb. 28, 2013]
(e) Mixtures of garbage having dif-
ferent discharge requirements must be:
263
§ 151.73 33 CFR Ch. I (7–1–20 Edition)
(1) Retained on board for later dis- able precautions have been taken be-
posal ashore; or fore and after the occurrence of the
(2) Discharged in accordance with the damage, to prevent or minimize the ac-
more stringent requirement prescribed cidental loss.
by paragraphs (b) through (d) of this (c) The accidental loss of fishing gear
section. from a ship, provided all reasonable
[USCG–2012–1049, 78 FR 13492, Feb. 28, 2013] precautions have been taken to prevent
such loss.
§ 151.73 Operating requirements: Dis- (d) The discharge of fishing gear from
charge of garbage from fixed or a ship for the protection of the marine
floating platforms. environment or for the safety of that
(a) Except as allowed in paragraph (b) ship or its crew.
of this section, no person may dis- (e) The en route requirements of
charge garbage from— §§ 151.69 and 151.71 do not apply to the
(1) A fixed or floating platform en- discharge of food wastes when it is
gaged in the exploration, exploitation clear the retention on board of these
or associated offshore processing of food wastes present an imminent
seabed mineral resources; or health risk to the people on board.
(2) Any ship within 500 meters (1650
[USCG–2012–1049, 78 FR 13493, Feb. 28, 2013]
feet) of such platforms.
(b) Food waste may be discharged § 151.79 Operating requirements: Dis-
into the surrounding waters from a charge of sewage within Antarctica.
ship or fixed or floating platform regu-
lated by paragraph (a) of this section (a) A vessel certified to carry more
if— than 10 persons must not discharge un-
(1) It is processed with a grinder or treated sewage into the sea within 12
comminuter meeting the standards in nautical miles of Antarctic land or ice
§ 151.75; and shelves; beyond such distance, sewage
(2) That ship or fixed or floating stored in a holding tank must not be
drilling rig or platform is beyond 12 discharged instantaneously but at a
nautical miles from nearest land. moderate rate and, where practicable,
while the ship is en route at a speed of
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as no less than 4 knots. For purposes of
Feb. 28, 2013]
this section, ‘‘sewage’’ means:
(1) Drainage and other wastes from
§ 151.75 Grinders or comminuters. any form of toilets, urinals, and WC
Each grinder or comminuter used to scuppers;
discharge garbage in accordance with (2) Drainage from medical premises
§ 151.69(b)(1), § 151.71(b)(2), or (dispensary, sick bay, etc.) via wash ba-
§ 151.73(b)(1), must be capable of proc- sins, wash tubs, and scuppers located in
essing garbage so that it passes such premises;
through a screen with openings no (3) Drainage from spaces containing
greater than 25 millimeters (one inch). living animals; or
(4) Other waste waters when mixed
[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as
with the drainages defined above.
Feb. 28, 2013] (b) Paragraph (a) of this section does
not apply to a warship, naval auxiliary,
§ 151.77 Exceptions for emergencies or other ship owned or operated by the
and health risks. United States and used only in govern-
Sections 151.67, 151.69, 151.71, and ment non-commercial service.
151.73 do not apply to the following: (c) Paragraph (a) of this section does
(a) Discharges of garbage from a ship not apply in cases of an emergency re-
necessary for the purpose of securing lating to the safety of a ship and those
the safety of a ship and those on board on board or saving life at sea. Notice of
or saving life at sea. an activity, otherwise prohibited under
(b) The accidental loss of garbage re- paragraph (a) of this section, under-
sulting from damage to a ship or its taken in case of an emergency shall be
equipment, provided that all reason- reported immediately to the National
264
Response Center (NRC) toll free tele- (3) Debris solely from construction
phone number: 800–424–8802, direct tele- activities;
phone: 202–267–2675, or Fax: 202–267–1322. (4) Sewage sludge subject to regula-
tion under title I of the Marine Protec-
[CGD 97–015, 62 FR 18045, Apr. 14, 1997, as
tion, Research, and Sanctuaries Act of
June 19, 2008] 1972 (33 U.S.C. 1401 et seq.); and
(5) Dredge or fill material subject to
regulation under title I of the Marine
Subpart B—Transportation of Protection, Research and Sanctuaries
Municipal and Commercial Waste Act of 1972 (33 U.S.C. 1401 et seq.), the
Federal Water Pollution Control Act
AUTHORITY: 33 U.S.C. 2602; 49 CFR 1.46. (33 U.S.C. 1251 et seq.), or the Rivers and
SOURCE: CGD 89–014, 54 FR 22548, May 24,
Harbors Appropriation Act of 1899 (33
1989, unless otherwise noted. U.S.C. 401 et seq.).
Public vessel means a vessel that—
§ 151.1000 Purpose. (1) Is owned, or demise chartered, and
operated by the United States Govern-
The purpose of this subpart is to im-
ment or a government of a foreign
plement the permit provisions of the country; and
Shore Protection Act of 1988, (33 U.S.C. (2) Is not engaged in commercial
2601 et seq.). service.
[CGD 89–014, 54 FR 22548, May 24, 1989, as Vessel means every description of
amended by USCG–2001–9286, 66 FR 33641, watercraft or other artifical contriv-
June 25, 2001] ance used, or capable of being used, as
a means of transportation on water.
[CGD 89–014, 54 FR 22548, May 24, 1989, as
(a) Except as provided by paragraph amended by USCG–2001–9286, 66 FR 33641,
(b) of this section, this subpart applies June 25, 2001]
to each vessel whose purpose is the
transportation of municipal or com- § 151.1009 Transportation of municipal
mercial waste in coastal waters. or commercial waste.
(b) This subpart does not apply to A vessel may not transport munic-
public vessels. ipal or commercial waste in coastal
waters without—
§ 151.1006 Definitions. (a) A conditional permit to transport
As used in this subpart— municpal or commercial waste issued
Coastal waters means— under this subpart; and
(1) The territorial sea of the United (b) Displaying a number in accord-
States; ance with § 151.1024.
(2) The Great Lakes and their con- [CGD 89–014, 54 FR 22548, May 24, 1989; CGD
necting waters; 89–014, 54 FR 24078, June 5, 1989]
(3) The marine and estuarine waters
of the United States up to the head of § 151.1012 Applying for a conditional
tidal influence; and permit.
(4) The Exclusive Economic Zone as (a) The owner or operator of each
established by Presidential Proclama- vessel to which this subpart applies
tion Number 5030, dated March 10, 1983. shall apply by letter for a conditional
NOTE: The Exclusive Economic Zone ex- permit required by § 151.1009. Applica-
tends from the baseline of the territorial sea tions must be submitted to Com-
of the United States seaward 200 miles. mandant (CG–CVC–1), Attn: Domestic
Municipal and commercial waste means Vessels Division, U.S. Coast Guard
solid waste as defined in section 1004 of Stop 7501, 2703 Martin Luther King Jr.
the Solid Waste Disposal Act (42 U.S.C. Avenue SE., Washington, DC 20593–7501
6903) except— and include the following:
(1) Solid waste identified and listed (1) The name, address, and telephone
under section 3001 of the Solid Waste number of the vessel owner and oper-
Disposal Act (42 U.S.C. 6921); ator.

(2) Waste generated by a vessel dur- (2) The vessel’s name and official
ing normal operations; number, if any.
265
§ 151.1015 33 CFR Ch. I (7–1–20 Edition)
(3) The vessel’s area of operation. (1) On the date it is issued; and
(4) The vessel’s transport capacity. (2) Until the expiration date stated
(5) A history of the types of cargo on the conditional permit unless it is—
transported by the vessel during the (i) Withdrawn under § 151.1018;
previous year, including identifying (ii) Terminated because—
the type of municipal or commercial (A) The vessel is sold; or
waste transported as—
(B) This subpart no longer applies to
(i) Municipal waste;
the vessel.
(ii) Commercial waste;
(iii) Medical waste; or (c) The Coast Guard may deny the
(iv) Waste of another character. issuance of a conditional permit if—
(6) The types of cargo to be trans- (i) The application does not contain
ported by the vessel during the effec- the information required under
tive period of the conditional permit, § 151.1012; or
including identifying the type of mu- (ii) There is reason to believe that
nicipal or commercial waste as it is the information contained on the appli-
identified in paragraphs (a)(5)(i) cation is not true and correct.
through (iv) of this section.
(7) A statement of whether the appli- § 151.1018 Withdrawal of a conditional
cation for a conditional permit is for a permit.
single voyage, a short term operation (a) The Coast Guard may withdraw a
or a continuing operation. If the appli- conditional permit if the Adminis-
cation is for a single voyage or a short trator of the EPA requests withdrawal
term operation, the statement must in- because the Administrator has deter-
clude the duration of the voyage or op- mined that the owner or operator of
eration. the vessel has a record or a pattern of
(8) An acknowledgment that certifies serious violations of—
as to the truthfulness and accuracy of (1) Subtitle A of the Shore Protection
the information provided. Act of 1988 (33 U.S.C. 2601 et seq.);
(b) The owner or operator under para-
(2) The Solid Waste Disposal Act (42
graph (a) of this section shall provide
U.S.C. 6901 et seq.);
any additional information the Coast
Guard may require. (3) The Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C.
[CGD 89–014, 54 FR 22548, May 24, 1989, as 1401 et seq.);
(4) The Rivers and Harbors Appro-
1996; USCG–2008–0179, 73 FR 35014, June 19,
2008; USCG–2010–0351, 75 FR 36284, June 25, priations Act of 1899 (33 U.S.C. 1401 et
2010; USCG–2014–0410, 79 FR 38435, July 7, seq.); or
2014] (5) The Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.).
§ 151.1015 Issuing or denying the (b) Upon reaching a determination to
issuance of a conditional permit.
withdraw a conditional permit, the
(a) After reviewing the application Coast Guard notifies the owner or oper-
made under § 151.1012, the Coast Guard ator of—
either— (1) The withdrawal and the reason for
(1) Issues the conditional permit for a the withdrawal;
vessel under this section; or
(2) The procedures for appealing the
(2) Denies the issuance of the condi-
withdrawal.
tional permit to the vessel in accord-
ance with paragraph (c) of this section. (c) After receiving the notice under
On denying the issuance of the permit, paragraph (b) of this section, the owner
the Coast Guard notifies the applicant or operator shall ensure that—
of the— (1) The vessel immediately ceases
(i) Denial and the reason for the de- transporting municipal or commercial
nial; and waste and the marking required by
(ii) Procedures under § 151.1021 for ap- § 151.1024 is removed; and
pealing the denial. (2) The conditional permit is re-

(b) Each conditional permit issued turned to the Coast Guard within 5
under this section is effective— days after receiving the notice.
266
§ 151.1021 Appeals. (4) Is in block figures that are at

(a) Any person directly affected by an least 18 inches in height.
action taken under this subpart may (b) No person may tamper with or
request reconsideration by the Coast falsify a number required under this
Guard officer responsible for that ac- section.
tion.
(b) The person affected who is not Subpart C—Ballast Water Man-
satisfied with a ruling after having it agement for Control of Non-
reconsidered under paragraph (a) of indigenous Species in the
this section may— Great Lakes and Hudson
(1) Appeal that ruling in writing River
within 30 days after the ruling to the
Commandant (CG–5P), Attn: Assistant
AUTHORITY: 16 U.S.C. 4711; Department of
Commandant for Prevention Policy,
Homeland Security Delegation No. 0170.1.
U.S. Coast Guard Stop 7501, 2703 Martin
Luther King Jr. Avenue SE., Wash- SOURCE: CGD 91–066, 58 FR 18334, Apr. 8,
ington, DC 20593–7501; and 1993, unless otherwise noted.
(2) Supply supporting documentation
§ 151.1500 Purpose.
and evidence that the appellant wishes
to have considered. The purpose of this subpart is to im-
(c) After reviewing the appeal sub- plement the provisions of the Non-
mitted under paragraph (b) of this sec- indigenous Aquatic Nuisance Preven-
tion, the Assistant Commandant for tion and Control Act of 1990 (16 U.S.C.
Marine Safety, Security and Environ- 4701 et seq.).
mental Protection issues a ruling
which is final agency action. § 151.1502 Applicability.
(d) If the delay in presenting a writ- This subpart applies to all non-rec-
ten appeal has an adverse impact on reational vessels, U.S. and foreign, that
the operations of the appellent, the ap- are equipped with ballast tanks that,
peal under paragraph (b) of this sec- after operating on the waters beyond
tion— the Exclusive Economic Zone during
(1) May be presented orally; and any part of its voyage, enter the Snell
(2) Must be submitted in writing Lock at Massena, New York, or navi-
within five days after the oral presen- gates north of the George Washington
tation— Bridge on the Hudson River, regardless
(i) With the basis for the appeal and of other port calls in the United States
a summary of the material presented or Canada during that voyage, except
orally; and as expressly provided in 33 CFR
(ii) To the same Coast Guard official 151.2015(a). All vessels subject to this
who heard the oral presentation. subpart are also required to comply
[CGD 89–014, 54 FR 22548, May 24, 1989, as with the applicable requirements of 33
amended by CGD 96–026, 61 FR 33665, June 28, CFR 151.2050, 151.2060, and 151.2070.
1996; CGD 97–023, 62 FR 33363, June 19, 1997; [USCG–2001–10486, 77 FR 17304, Mar. 23, 2012]
USCG–2002–12471, 67 FR 41332, June 18, 2002;
USCG–2008–0179, 73 FR 35014, June 19, 2008; § 151.1504 Definitions.
USCG–2010–0351, 75 FR 36284, June 25, 2010;
USCG–2014–0410, 79 FR 38435, July 7, 2014; The following terms are defined as
USCG–2018–0874, 84 FR 30879, June 28, 2019] used in this subpart.
Alternate management system (AMS)
§ 151.1024 Display of number. means a ballast water management
(a) The owner or operator of each system approved by a foreign adminis-
vessel under this subpart must ensure tration pursuant to the standards set
that the vessel number stated on the forth in the International Maritime Or-
conditional permit issued under ganization’s International BWM Con-
§ 151.1015 is displayed so that it— vention, and meeting all applicable re-
(1) Is clearly legible; quirements of U.S. law, and which is
(2) Has a contrasting background; used in lieu of ballast water exchange.

(3) Is readily visible from either side Ballast tank means any tank or hold
of the vessel; and on a vessel used for carrying ballast
267
§ 151.1505 33 CFR Ch. I (7–1–20 Edition)
water, whether or not the tank or hold perior, and the connecting channels
was designed for that purpose. (Saint Mary’s River, Saint Clair River,
Ballast water means any water and Detroit River, Niagara River, and
suspended matter taken on board a ves- Saint Lawrence River to the Canadian
sel to control or maintain, trim, border), and includes all other bodies of
draught, stability, or stresses of the water within the drainage basin of such
vessel, regardless of how it is carried. lakes and connecting channels.
Ballast water management system Port means a terminal or group of
(BWMS) means any system which proc- terminals or any place or facility that
esses ballast water to kill, render has been designated as a port by the
harmless, or remove organisms. The
COTP.
BWMS includes all ballast water treat-
ment equipment and all associated Sediments means any matter settled
control and monitoring equipment. out of ballast water within a vessel.
Captain of the Port (COTP) means the Voyage means any transit by a vessel
Coast Guard officer designated as destined for the Great Lakes or the
COTP of either the Buffalo, NY, Marine Hudson River, north of the George
Inspection Zone and Captain of the Washington Bridge, from a port or
Port Zone or the New York, NY, Cap- place outside of the EEZ, including in-
tain of the Port Zone described in part termediate stops at a port or place
3 of this chapter or an official des- within the EEZ.
ignated by the COTP. Waters of the United States means
Commandant means the Commandant waters subject to the jurisdiction of
of the Coast Guard or an authorized the United States as defined in 33 CFR
representative. 2.38, including the navigable waters of
Constructed in respect to a vessel the United States. For 33 CFR part 151,
means a stage of construction when— subparts C and D, the navigable waters
(1) The keel of a vessel is laid; include the territorial sea as extended
(2) Construction identifiable with the to 12 nautical miles from the baseline,
specific vessel begins; pursuant to Presidential Proclamation
(3) Assembly of the vessel has com-
No. 5928 of December 27, 1988.
menced and comprises at least 50 tons
or 1 percent of the estimated mass of [CGD 91–066, 58 FR 18334, Apr. 8, 1993, as
all structural material, whichever is amended by CGD 94–003, 59 FR 67634, Dec. 30,
less; or 1994; USCG–1998–3423, 64 FR 26682, May 17,
(4) The vessel undergoes a major con- 1999; USCG–2001–10486, 77 FR 17304, Mar. 23,
version. 2012]
Exclusive Economic Zone (EEZ) means
the area established by Presidential § 151.1505 Severability.
Proclamation Number 5030, dated If a court finds any portion of this
March 10, 1983, (48 FR 10605, 3 CFR, 1983 subpart to have been promulgated
Comp., p. 22), which extends from the without proper authority, the remain-
base line of the territorial sea of the der of this subpart will remain in full
United States seaward 200 miles, and effect.
the equivalent zone of Canada.
Environmentally sound method means [USCG–2001–10486, 77 FR 17304, Mar. 23, 2012]
methods, efforts, actions, or programs,
either to prevent introductions or to § 151.1506 Restriction of operation.
control infestations of aquatic nui- No vessel subject to the requirements
sance species, that minimize adverse of this subpart may be operated in the
impacts to the structure and function Great Lakes or the Hudson River,
of an ecosystem, minimize adverse ef- north of the George Washington
fects on non-target organisms and eco- Bridge, unless the master of the vessel
systems, and that emphasize inte- has certified, in accordance with
grated pest management techniques § 151.1516, that the requirements of this
and non-chemical measures. subpart have been met.
Great Lakes means Lake Ontario,

Lake Erie, Lake Huron (including Lake [CGD 94–003, 59 FR 67634, Dec. 30, 1994]
Saint Clair), Lake Michigan, Lake Su-
268
§ 151.1508 Revocation of clearance. (3) Install and operate a BWMS that

A COTP may request the District Di- has been approved by the Coast Guard
rector of Customs to withhold or re- under 46 CFR part 162, in accordance
voke the clearance required by 46 with § 151.1512(b) of this subpart. Fol-
U.S.C. app. 91 for a vessel subject to lowing installation of a BWMS, the
this subpart, the owner or operator of master, owner, operator, agent, or per-
which is not in compliance with the re- son in charge of the vessel must main-
quirements of this subpart. tain the BWMS in accordance with all
manufacturer specifications.
§ 151.1510 Ballast water management (i) Requirements for approval of
requirements. BWMS are found in 46 CFR part 162.060.
(a) The master of each vessel subject (ii) Requests for approval of BWMS
to this subpart shall employ one of the must be submitted to the Commanding
following ballast water management Officer (MSC), Attn: Marine Safety
practices: Center, U.S. Coast Guard Stop 7430,
(1) Carry out an exchange of ballast 2703 Martin Luther King Jr. Avenue
water on the waters beyond the Exclu- SE., Washington, DC 20593–7430, or by
sive Economic Zone (EEZ), from an email to msc@uscg.mil.
area more than 200 nautical miles from (4) Use only water from a U.S. public
any shore, and in waters more than water system (PWS), as defined in 40
2,000 meters (6,560 feet, 1,093 fathoms) CFR 141.2 and that meets the require-
deep, such that, at the conclusion of ments of 40 CFR parts 141 and 143, as
the exchange, any tank from which ballast water. Vessels using water from
ballast water will be discharged con- a PWS as ballast must maintain a
tains water with a minimum salinity record of which PWS they received the
level of 30 parts per thousand, unless water and a receipt, invoice, or other
the vessel is required to employ an ap- documentation from the PWS indi-
proved ballast water management sys- cating that water came from that sys-
tem (BWMS) per the schedule in tem. Furthermore, they must certify
§ 151.1512(b) of this subpart. This ex- that they have met the conditions in
change must occur prior to entry into paragraphs (a)(4)(i) or (ii) of this sec-
the Snell Lock at Massena, NY, or tion, as applicable. Vessels using water
navigating on the Hudson River, north from a PWS must use such water exclu-
of the George Washington Bridge. An sively for all ballast water unless the
alternative management system (AMS) usage is in accordance with § 151.1515 of
that meets the requirements of 33 CFR this subpart. Vessels using PWS water
151.2026 may also be used, so long as it as ballast must have either—
was installed on the vessel prior to the (i) Previously cleaned the ballast
date that the vessel is required to com- tanks (including removing all residual
ply with the ballast water discharge sediments) and not subsequently intro-
standard in accordance with duced ambient water; or
§ 151.1512(b) of this subpart. If using an (ii) Never introduced ambient water
AMS, the master, owner, operator, to those tanks and supply lines.
agent, or person in charge of the vessel (b) No master of a vessel subject to
subject to this subpart may employ the this subpart shall separately discharge
AMS for no longer than 5 years from sediment from tanks or holds con-
the date they would otherwise be retaining ballast water unless it is dis-
quired to comply with the ballast posed of ashore in accordance with
water discharge standard in accordance local requirements.
with § 151.1512(b) of this subpart. (c) Nothing in this subpart authorizes
(2) Retain the vessel’s ballast water the discharge of oil or noxious liquid
on board the vessel. If this method of substances (NLSs) in a manner prohib-
ballast water management is em- ited by United States or international
ployed, the COTP may seal any tank or laws or regulations. Ballast water car-
hold containing ballast water on board ried in any tank containing a residue
the vessel for the duration of the voy- of oil, NLSs, or any other pollutant
age within the waters of the Great must be discharged in accordance with
Lakes or the Hudson River, north of the applicable regulations. Nothing in
the George Washington Bridge. this subpart affects or supersedes any
269
§ 151.1511 33 CFR Ch. I (7–1–20 Edition)
requirement or prohibitions pertaining stringent than that required by para-

to the discharge of ballast water into graph (a) of this section can be prac-
the waters of the United States under ticably implemented, in whole or in
the Federal Water Pollution Control part, and, if so, the Coast Guard will
Act (33 U.S.C. 1251 et seq.). schedule a rulemaking to implement
(d) Unless otherwise expressly pro- the more stringent standard; and
vided for in this subpart, the master, (ii) Whether testing protocols that
owner, operator, agent, or person in can accurately measure efficacy of
charge of vessels employing a Coast treatment against a performance
Guard-approved BWMS must meet the standard more stringent than that re-
applicable ballast water discharge quired by paragraph (a) of this section
standard, found in § 151.1511 of this sub- can be practicably implemented.
part, at all times of ballast water dis- (2) If the Coast Guard determines on
charge into the waters of the United the basis of a practicability review
States. conducted under paragraph (c)(1) of
[CGD 91–066, 58 FR 18334, Apr. 8, 1993, as this section that technology to achieve
amended by CGD 94–003, 59 FR 67634, Dec. 30, a significant improvement in ballast
1994; USCG–1998–3423, 66 FR 58390, Nov. 21, water treatment efficacy could be prac-
2001; USCG–2010–0351, 75 FR 36284, June 25, ticably implemented, the Coast Guard
2010; USCG–2001–10486, 77 FR 17304, Mar. 23, will report this finding and will, no
2012; 77 FR 33970, June 8, 2012; USCG–2014– later than January 1, 2017, initiate a
0410, 79 FR 38435, July 7, 2014; USCG–2016–
0498, 82 FR 35082, July 28, 2017]
rulemaking that would establish per-
formance standards and other require-
§ 151.1511 Ballast water discharge ments or conditions to ensure to the
standard (BWDS). maximum extent practicable that
(a) Vessels employing a Coast Guard- aquatic nuisance species are not dis-
approved ballast water management charged into waters of the United
system (BWMS) must meet the fol- States from vessels. If the Coast Guard
lowing BWDS by the date in subsequently finds that it is not able to
§ 151.1512(b) of this subpart: meet this schedule, the Coast Guard
(1) For organisms greater than or will publish a notice in the FEDERAL
equal to 50 micrometers in minimum REGISTER so informing the public,
dimension: discharge must include along with an explanation of the rea-
fewer than 10 living organisms per son for the delay, and a revised sched-
cubic meter of ballast water. ule for rule making that shall be as ex-
(2) For organisms less than 50 mi- peditious as practicable.
crometers and greater than or equal to (3) When conducting the practica-
10 micrometers: discharge must include bility review as required by paragraph
fewer than 10 living organisms per mil- (c)(1) of this section, the Coast Guard
liliter (mL) of ballast water. will consider—
(3) Indicator microorganisms must (i) The capability of any identified
not exceed: technology to achieve a more stringent
(i) For Toxicogenic Vibrio cholerae ballast water discharge standard, in
(serotypes O1 and O139): a concentra- whole or in part;
tion of less than 1 colony forming unit (ii) The effectiveness of any identi-
(cfu) per 100 mL. fied technology in the shipboard envi-
(ii) For Escherichia coli: a concentra- ronment;
tion of fewer than 250 cfu per 100 mL. (iii) The compatibility of any identi-
(iii) For intestinal enterococci: a fied technology with vessel design and
concentration of fewer than 100 cfu per operation;
100 mL. (iv) The safety of any identified tech-
(b) [Reserved] nology;
(c) The Coast Guard will conduct a (v) Whether the use of any identified
practicability review as follows: technology may have an adverse im-
(1) No later than January 1, 2016, the pact on the environment;
Coast Guard will publish the results of (vi) The cost of any identified tech-
a practicability review to determine— nology;

(i) Whether technology to comply (vii) The economic impact of any
with a performance standard more identified technology, including the
270
impact on shipping, small businesses, § 151.1512 Implementation schedule

and other uses of the aquatic environ- for approved ballast water manage-
ment; ment methods.
(viii) The availability, accuracy, pre- (a) To discharge ballast water into
cision, and cost of methods and tech-
the waters of the United States, the
nologies for measuring the concentra-
master, owner, operator, agent, or per-
tions of organisms, treatment chemi-
cals, or other pertinent parameters in son in charge of a vessel subject to
treated ballast water as would be re- § 151.1510 of this subpart must either en-
quired under any alternative discharge sure that the ballast water meets the
standards; ballast water discharge standard as de-
(ix) Any requirements for the man- fined in § 151.1511(a), use an AMS as
agement of ballast water included in provided for under § 151.1510(a)(1) or bal-
the most current version of the U.S. last exclusively with water from a U.S.
Environmental Protection Agency’s public water system, as described in
Vessel General Permit and any docu- § 151.1510(a)(4), according to the sched-
mentation available from the EPA re- ule in paragraph (b) of this section.
garding the basis for these require- (b) Implementation Schedule for the
ments; and Ballast Water Management Discharge
(x) Any other factor that the Coast Standard for vessels using a Coast Guard
Guard considers appropriate that is reapproved BWMS to manage ballast water
lated to the determination of whether discharged to waters of the United States.
identified technology is performable, After the dates listed in Table
practicable, and/or may possibly pre- 151.1512(b), vessels may use a USCG-ap-
vent the introduction and spread of proved BWMS and comply with the dis-
non-indigenous aquatic invasive spe- charge standard, or employ an ap-
cies. proved ballast water management
[USCG–2001–10486, 77 FR 17305, Mar. 23, 2012] method per § 151.1510(a)(1) and (4).
TABLE 151.1512(b)—IMPLEMENTATION SCHEDULE FOR BALLAST WATER MANAGEMENT DISCHARGE
STANDARDS FOR VESSELS USING COAST GUARD APPROVED BALLAST WATER MANAGEMENT SYS-
TEMS
Vessel’s ballast Date constructed Vessel’s compliance date

water capacity
New vessels .................. All .................................. On or after December On delivery.

1, 2013.
Existing vessels ............. Less than 1500 m3 ....... Before December 1, First scheduled drydocking after January 1,
2013. 2016.
1500–5000 m3 .............. Before December 1, First scheduled drydocking after January 1,
2013. 2014.
Greater than 5000 m3 .. Before December 1, First scheduled drydocking after January 1,
2013. 2016.
[USCG–2001–10486, 77 FR 17305, Mar. 23, 2012, months before the scheduled imple-
as amended by USCG–2015–0433, 80 FR 44281, mentation date listed in § 151.1512(b) of
July 27, 2015]
this subpart and submitted in writing
§ 151.1513 Extension of compliance by email to environ-
date. mentallstandards@uscg.mil, or to the
Commandant (CG–OES), Attn: Office of
The Coast Guard may grant an exten-
sion to the implementation schedule in Operating and Environmental Stand-
§ 151.1512(b) of this subpart only in ards, U.S. Coast Guard Stop 7509, 2703
those cases where the master, owner, Martin Luther King Jr. Avenue SE.,
operator, agent, or person in charge of Washington, DC 20593–7509. Summary
a vessel subject to this subpart can information concerning all extension
document that, despite all efforts, decisions, including the name of the
compliance with the requirement under vessel and vessel owner, the term of
§ 151.1510 is not possible. Any extension the extension, and the basis for the ex-
request must be made no later than 12 tension will be promptly posted on the
271
§ 151.1514 33 CFR Ch. I (7–1–20 Edition)
Internet. Extensions will be for no § 151.1516 Compliance monitoring.

longer than the minimum time needed,
(a) The master of each vessel
as determined by the Coast Guard, for
the vessel to comply with the require- equipped with ballast tanks must pro-
ments of § 151.1510. vide the following information, in writ-
ten form, to the Captain of the Port
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012, (COTP):
(1) The vessel’s name, port of reg-
July 7, 2014; USCG–2018–0874, 84 FR 30879,
June 28, 2019] istry, and official number or call sign.
(2) The name of the vessel’s owner(s).
§ 151.1514 Vessel safety. (3) Whether ballast water is being
Nothing in this subpart relieves the carried.
master of the responsibility for ensur- (4) The original location and salinity,
ing the safety and stability of the ves- if known, of ballast water taken on, be-
sel or the safety of the crew and pas- fore an exchange.
sengers, or any other responsibility. (5) The location, date, and time of
any ballast water exchange.
[CGD 91–066, 58 FR 18334, Apr. 8, 1993. Redes-
ignated by USCG–2001–10486, 77 FR 17305, (6) The salinity of any ballast water
Mar. 23, 2012] to be discharged into the territorial
waters of the United States.
§ 151.1515 Ballast water management (7) The intended discharge port for
alternatives under extraordinary ballast water and location for disposal
conditions.
of sediment carried upon entry into the
(a) As long as ballast water exchange territorial waters of the United States,
(BWE) remains an option under the if ballast water or sediment are to be
schedule in § 151.1512(b) of this subpart, discharged.
the master of any vessel subject to this (8) The signature of the master at-
subpart who uses BWE to meet the re- testing to the accuracy of the informa-
quirements of this subpart and, due to
tion provided and certifying compli-
weather, equipment failure, or other
ance with the requirements of this sub-
extraordinary conditions, is unable to
part.
effect a BWE before entering the Ex-
clusive Economic Zone, and intends to (b) The COTP may take samples of
discharge ballast water into the waters ballast water to assess the compliance
of the United States, must request per- with, and the effectiveness of, this sub-
mission from the Captain of the Port part.
(COTP) to exchange the vessel’s ballast [CGD 91–066, 58 FR 18334, Apr. 8, 1993, as
water within an area agreed to by the amended by USCG–1998–3423, 66 FR 58391,
COTP at the time of the request and Nov. 21, 2001; USCG–2002–13147, 69 FR 32869,
then discharge the vessel’s ballast June 14, 2004; USCG–2001–10486, 77 FR 17306,
water within that designated area. Mar. 23, 2012; USCG–2012–0924, 80 FR 73113,
(b) Once BWE is no longer an option Nov. 24, 2015]
under the schedule in § 151.1512(b) of
this subpart, if the ballast water man- § 151.1518 Penalties for failure to con-
agement system required by this sub- duct ballast water management.
part stops operating properly during a (a) A person who violates this sub-
voyage or the vessel’s BWM method is part is liable for a civil penalty in an
unexpectedly unavailable, the master, amount not to exceed $27,500. Each day
owner, operator, agent, or person in of a continuing violation constitutes a
charge of the vessel must ensure that separate violation. A vessel operated in
the problem is reported to the COTP as violation of the regulations is liable in
soon as practicable. The vessel may rem for any civil penalty assessed
continue to the next port of call, sub-
under this subpart for that violation.
ject to the directions of the COTP or
(b) A person who knowingly violates
the Ninth District Commander, as pro-
the regulations of this subpart is guilty
vided by 33 CFR part 160.

of a class C felony.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
as amended at 77 FR 33970, June 8, 2012] [USCG–2002–13147, 69 FR 32869, June 14, 2004]
272
Subpart D—Ballast Water Man- filling the ballast tank(s) with mid-
agement for Control of Non- ocean water.
indigenous Species in Waters National Ballast Information Clearing-
house (NBIC) means the National Bal-
of the United States last Information Clearinghouse oper-
ated by the Coast Guard and the
AUTHORITY: 16 U.S.C. 4711; Department of Smithsonian Environmental Research
Homeland Security Delegation No. Center as mandated under the National
0170.1(II)(57).
Invasive Species Act of 1996.
SOURCE: USCG–2001–10486, 77 FR 17306, Mar. Port or place of departure means any
23, 2012, unless otherwise noted. port or place in which a vessel is an-
chored or moored.
§ 151.2000 Purpose and scope.
Port or place of destination means any
This subpart implements the provi- port or place to which a vessel is bound
sions of the Nonindigenous Aquatic to anchor or moor.
Nuisance Prevention and Control Act Seagoing vessel means a vessel in com-
of 1990 (16 U.S.C. 4701–4751), as amended mercial service that operates beyond
by the National Invasive Species Act of the boundary line established by 46
1996. CFR part 7. It does not include a vessel
that navigates exclusively on inland
waters.
(a) Unless otherwise stated in this Shipboard Technology Evaluation Pro-
section, the definitions in 33 CFR gram (STEP) means a Coast Guard re-
151.1504, 33 CFR 160.202, and the United search program intended to facilitate
Nations Convention on the Law of the research, development, and shipboard
Sea apply to this subpart. testing of effective BWMS. STEP re-
(b) As used in this subpart: quirements are located at:http://
Captain of the Port (COTP) means the www.dco.uscg.mil/Our-Organization/As-
Coast Guard officer designated by the sistant-Commandant-for-Prevention-Pol-
Commandant to command a COTP icy-CG-5P/Commercial-Regulations-stand-
Zone as described in part 3 of this chap- ards-CG-5PS/office-oes/.
ter. United States means the States, the
Constructed in respect of a vessel District of Columbia, Guam, American
means a stage of construction when— Samoa, the Virgin Islands, the Com-
(1) The keel of a vessel is laid; monwealth of Puerto Rico, the Com-
(2) Construction identifiable with the monwealth of the Northern Mariana Is-
specific vessel begins; lands, and any other territory or pos-
(3) Assembly of the vessel has com- session over which the United States
menced and comprises at least 50 tons exercises sovereignty.
or 1 percent of the estimated mass of Voyage means any transit by a vessel
all structural material, whichever is destined for any United States port or
less; or place.
(4) The vessel undergoes a major con-
version. [USCH–2001–10486, 77 FR 17306, Mar. 23, 2012,
Exchange means to replace the water as amended at 77 FR 33970, June 8, 2012; 80 FR
in a ballast tank using one of the fol- 5330, Jan. 30, 2015; USCG–2018–0874, 84 FR
30879, June 28, 2019]
lowing methods:
(1) Flow-through exchange means to § 151.2010 Applicability.
flush out ballast water by pumping in
mid-ocean water at the bottom of the This subpart applies to all non-rec-
tank and continuously overflowing the reational vessels, U.S. and foreign, that
tank from the top until three full vol- are equipped with ballast tanks and op-
umes of water has been changed to erate in the waters of the United
minimize the number of original orga- States, except as expressly provided in
nisms remaining in the tank. § 151.2015 or § 151.2020 of this subpart.
(2) Empty/refill exchange means to
pump out the ballast water taken on in § 151.2013 Severability.

ports, estuarine, or territorial waters If a court finds any portion of this
until the pump(s) lose suction, then re- subpart to have been promulgated
273
§ 151.2015 33 CFR Ch. I (7–1–20 Edition)
without proper authority, the remain- (b) Crude oil tankers engaged in
der of this subpart will remain in full coastwise trade are exempt from the
effect. requirements of §§ 151.2025 (ballast
water management (BWM) require-
§ 151.2015 Exemptions. ments), 151.2060 (reporting), and 151.2070
(a) The following vessels are exempt (recordkeeping) of this subpart.
from all of the requirements of this (c) Vessels that operate exclusively
subpart: on voyages between ports or places
(1) Any Department of Defense or within a single COTP Zone are exempt
Coast Guard vessel subject to the re- from the requirements of §§ 151.2025
quirements of section 1103 of the Non- (ballast water management (BWM) re-
indigenous Aquatic Nuisance Preven- quirements), 151.2060 (reporting), and
tion and Control Act, as amended by 151.2070 (recordkeeping) of this subpart.
the National Invasive Species Act; or (d) The following vessels are exempt
any vessel of the Armed Forces, as de- only from the requirements of § 151.2025
fined in the Federal Water Pollution (BWM requirements) of this subpart:
Control Act (33 U.S.C. 1322(a)), that is (1) Seagoing vessels that operate in
subject to the ‘‘Uniform National Dis- more than a single COTP Zone, do not
charge Standards for Vessels of the operate outside of the EEZ, and are
Armed Forces’’ (33 U.S.C. 1322(n)). less than or equal to 1,600 gross register
(2) Any warship, naval auxiliary, or tons or less than or equal to 3,000 gross
other vessel owned or operated by a tons (International Convention on Ton-
foreign state and used, for the time nage Measurement of Ships, 1969).
being, only on government non-com- (2) Non-seagoing vessels.
mercial service. However, such vessels (3) Vessels that operate in more than
should act in a manner consistent, so a single COTP Zone and take on and
far as is reasonable and practicable, discharge ballast water exclusively in a
with this subpart. single COTP Zone.
TABLE 1 TO § 151.2015—TABLE OF 33 CFR 151.2015 SPECIFIC EXEMPTIONS FOR TYPES OF
VESSELS
151.2025 151.2060 151.2070
(Management) (Reporting) (Recordkeeping)
Department of Defense or Coast Guard ves- Exempt .................... Exempt .................... Exempt.
sel subject to 46 U.S.C. 4713.
Vessel of the Armed Forces subject to the Exempt .................... Exempt .................... Exempt.
‘‘Uniform National Discharge Standards for
Vessels of the Armed Forces’’ (33 U.S.C.
1322(n)).
Crude oil tankers engaged in coastwise trade Exempt .................... Exempt .................... Exempt.
Vessel operates exclusively on voyages be- Exempt .................... Exempt .................... Exempt.
tween ports or places within a single COTP
Zone.
Seagoing vessel operates on voyages be- Exempt .................... Applicable ................ Applicable.
tween 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).
Non-seagoing vessel ....................................... Exempt .................... Applicable 1 ............. Applicable1
Vessel operates between ports or places in Exempt .................... Applicable ................ Applicable.
more than a single COTP Zone and takes
on and discharges ballast water exclusively
in a single COTP Zone.
1 Unless operating exclusively on voyages between ports or places within a single COTP Zone.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012, § 151.2020 Vessels in innocent passage.

Nov. 24, 2015; USCG–2018–0245, 83 FR 47293, A foreign vessel that is merely tra-
Sept. 19, 2018] versing the territorial sea of the
United States (unless bound for, enter-

ing or departing a U.S. port or navi-
gating the internal waters of the U.S.)
274
does not fall within the applicability of (ii) Never introduced ambient water
this subpart. to those tanks and supply lines.
(3) Perform complete ballast water
§ 151.2025 Ballast water management exchange in an area 200 nautical miles
requirements. from any shore prior to discharging
(a) The master, owner, operator, ballast water, unless the vessel is re-
agent, or person in charge of a vessel quired to employ an approved BWMS
equipped with ballast tanks that oper- per the schedule found in § 151.2035(b) of
ates in the waters of the United States this subpart. An alternate management
must employ one of the following bal- system (AMS) that meets the require-
last water management methods: ments of § 151.2026 of this subpart may
(1) Install and operate a ballast water also be used, so long as it was installed
management system (BWMS) that has on the vessel prior to the date that the
been approved by the Coast Guard vessel is required to comply with the
under 46 CFR part 162. The BWMS must BWDS in accordance with § 151.2035(b)
be installed in accordance with of this subpart. If using an AMS, the
§ 151.2035(b) of this subpart. Following master, owner, operator, agent, or per-
installation, the master, owner, oper- son in charge of the vessel subject to
ator, agent, or person in charge of the this subpart may employ the AMS for
vessel subject to this subpart must no longer than 5 years from the date
properly maintain the BWMS in ac- they would otherwise be required to
comply with the BWDS in accordance
cordance with all manufacturer speci-
with § 151.2035(b) of this subpart;
fications. Unless otherwise expressly
(4) Do not discharge ballast water
provided for in this subpart, the mas-
into waters of the United States.
ter, owner, operator, agent, or person
(5) Discharge to a facility onshore or
in charge of vessels employing a Coast
to another vessel for purposes of treat-
Guard-approved BWMS must meet the
ment. Any vessel owner/operator dis-
applicable ballast water discharge
charging ballast water to a facility on-
standard (BWDS), found in § 151.2030 of
shore or to another vessel must ensure
this subpart, at all times of discharge
that all vessel piping and supporting
into the waters of the United States.
infrastructure up to the last manifold
(2) Use only water from a U.S. public or valve immediately before the dock
water system (PWS), as defined in 40 manifold connection of the receiving
CFR 141.2, that meets the requirements facility or similar appurtenance on a
of 40 CFR parts 141 and 143 as ballast reception vessel prevents untreated
water. Vessels using water from a PWS ballast water from being discharged
as ballast must maintain a record of into waters of the United States.
which PWS they received the water (b) Requests for approval of BWMS
from as well as a receipt, invoice, or must be submitted to the Commanding
other documentation from the PWS in- Officer (MSC), Attn: Marine Safety
dicating that water came from that Center, U.S. Coast Guard Stop 7430,
system. Furthermore, they must cer- 2703 Martin Luther King Jr. Avenue
tify that they have met the conditions SE., Washington, DC 20593–7430, or by
in paragraphs (a)(2)(i) or (ii) of this sec- email to msc@uscg.mil, in accordance
tion, as applicable, and describe in the with 46 CFR part 162.
BWM plan the procedures to be used to (c) A vessel engaged in the foreign ex-
ensure compliance with those condi- port of Alaskan North Slope Crude Oil
tions, and thereafter document such must comply with §§ 151.2060 and
compliance in the BW record book. 151.2070 of this subpart, as well as with
Vessels using water from a PWS must the provisions of 15 CFR 754.2(j)(1)(iii).
use such water exclusively unless the Section 15 CFR 754.2(j)(1)(iii) requires a
usage is in accordance with § 151.2040 of mandatory program of deep water bal-
this subpart. Vessels using PWS water last exchange unless doing so would en-
as ballast must have either— danger the safety of the vessel or crew.
(i) Previously cleaned the ballast (d) This subpart does not authorize
tanks (including removing all residual the discharge of oil or noxious liquid
sediments) and not subsequently intro- substances (NLS) in a manner prohib-
duced ambient water; or ited by United States or international
275
§ 151.2026 33 CFR Ch. I (7–1–20 Edition)
laws or regulations. Ballast water car- the testing for which a determination
ried in any tank containing a residue is requested; and
of oil, NLS, or any other pollutant (5) A type approval application as de-
must be discharged in accordance with scribed under 46 CFR 162.060–12.
applicable laws and regulations. (i) Once ballast water management
(e) This subpart does not affect or su- systems are type approved by the Coast
persede any requirement or prohibition Guard and available for a given class,
pertaining to the discharge of ballast type of vessels, or specific vessel, those
water into the waters of the United vessels will no longer be able to install
States under the Federal Water Pollu- AMS in lieu of type approved systems.
tion Control Act (33 U.S.C. 1251 to 1376). (ii) [Reserved]
(f) This subpart does not affect or su- (b) Requests for determinations must
persede any requirement or prohibition be submitted in writing to the Com-
pertaining to the discharge of ballast manding Officer (MSC), Attn: Marine
water into the waters of the United Safety Center, U.S. Coast Guard Stop
States under the National Marine 7430, 2703 Martin Luther King Jr. Ave-
Sanctuaries Act (16 U.S.C. 1431 et seq.). nue SE., Washington, DC 20593–7430, or
(g) Vessels with installed BWMS for by email to msc@uscg.mil’’..
testing and evaluation by an Inde- (c) If using an AMS that was in-
pendent Laboratory in accordance with stalled on the vessel prior to the date
the requirements of 46 CFR 162.060–10 that the vessel is required to comply
and 46 CFR 162.060–28 will be deemed to with the ballast water discharge stand-
be in compliance with paragraph (a)(1) ard in accordance with § 151.2035(b), the
of this section. master, owner, operator, agent, or per-
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
son in charge of the vessel subject to
as amended by USCG–2014–0410, 79 FR 38435, this subpart may employ such AMS for
July 7, 2014; USCG–2016–0498, 82 FR 35082, no longer than 5 years from the date
July 28, 2017] they would otherwise be required to
comply with the ballast water dis-
§ 151.2026 Alternate management sys- charge standard in accordance with the
tems. implementation schedule in § 151.2035
(a) A manufacturer whose ballast (b) of this subpart. To ensure the safe
water management system (BWMS) has and effective management and oper-
been approved by a foreign administra- ation of the AMS equipment, the mas-
tion pursuant to the standards set ter, owner, operator, agent or person in
forth in the International Convention charge of the vessel must ensure the
for the Control and Management of AMS is maintained and operated in
Ships’ Ballast Water and Sediments, conformity with the system specifica-
2004, may request in writing, for the tions.
Coast Guard to make a determination (d) An AMS determination issued
that their BWMS is an alternate man- under this section may be suspended,
agement system (AMS). Requests for withdrawn, or terminated in accord-
determinations under this section must ance with the procedures contained in
include: 46 CFR 162.060–18.
(1) The type-approval certificate for [USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
the BWMS. as amended by USCG–2014–0410, 79 FR 38435,
(2) Name, point of contact, address, July 7, 2014; USCG–2016–0498, 82 FR 35082,
and phone number of the authority July 28, 2017; USCG–2018–0874, 84 FR 30829,
overseeing the program; June 28, 2019]
(3) Final test results and findings, in-
cluding the full analytical procedures § 151.2030 Ballast water discharge
and methods, results, interpretations standard (BWDS).
of the results, and full description and (a) Vessels employing a Coast Guard-
documentation of the Quality Assur- approved ballast water management
ance procedures (i.e., sample chain of system (BWMS) must meet the fol-
custody forms, calibration records, lowing BWDS by the date listed in
etc.); § 151.2035(b) of this subpart:

(4) A description of any modifications (1) For organisms greater than or
made to the system after completion of equal to 50 micrometers in minimum
276
dimension: Discharge must include along with an explanation of the rea-

fewer than 10 organisms per cubic son for the delay, and a revised sched-
meter of ballast water. ule for rule making that shall be as ex-
(2) For organisms less than 50 mi- peditious as practicable.
crometers and greater than or equal to (3) When conducting the practica-
10 micrometers: Discharge must in- bility review as described in paragraph
clude fewer than 10 organisms per mil- (c)(1) of this section, the Coast Guard
liliter (mL) of ballast water. will consider—
(3) Indicator microorganisms must (i) The capability of any identified
not exceed: technology to achieve a more stringent
(i) For toxicogenic Vibrio cholerae BWDS, in whole or in part;
(serotypes O1 and O139): A concentra- (ii) The effectiveness of any identi-
tion of less than 1 colony forming unit fied technology in the shipboard envi-
(cfu) per 100 mL. ronment;
(ii) For Escherichia coli: a concentra- (iii) The compatibility of any identi-
tion of fewer than 250 cfu per 100 mL. fied technology with vessel design and
(iii) For intestinal enterococci: A operation;
concentration of fewer than 100 cfu per (iv) The safety of any identified tech-
100 mL. nology;
(b) [Reserved] (v) Whether the use of any identified
(c) The Coast Guard will conduct a technology may have an adverse im-
practicability review as follows: pact on the environment;
(1) No later than January 1, 2016, the (vi) The cost of any identified tech-
Coast Guard will publish the results of nology;
a practicability review to determine— (vii) The economic impact of any
(i) Whether technology to comply identified technology, including the
with a performance standard more impact on shipping, small businesses,
stringent than that required by para- and other uses of the aquatic environ-
graph (a) of this section can be prac- ment;
ticably implemented, in whole or in (viii) The availability, accuracy, pre-
part, and, if so, the Coast Guard will cision, and cost of methods and tech-
schedule a rulemaking to implement nologies for measuring the concentra-
the more stringent standard; and tions of organisms, treatment chemi-
(ii) Whether testing protocols that cals, or other pertinent parameters in
can assure accurate measurement of treated ballast water as would be re-
compliance with a performance stand- quired under any alternative discharge
ard more stringent than that required standards;
by paragraph (a) of this section can be (ix) Any requirements for the man-
practicably implemented. agement of ballast water included in
(2) If the Coast Guard determines on the most current version of the Envi-
the basis of a practicability review ronmental Protection Agency’s Vessel
conducted under paragraph (c)(1) of General Permit and any documenta-
this section that technology to achieve tion available from the EPA regarding
a significant improvement in ballast the basis for these requirements; and
water treatment efficacy could be prac- (x) Any other factor that the Coast
ticably implemented, the Coast Guard Guard considers appropriate that is re-
will report this finding and will, no lated to the determination of whether
later than January 1, 2017, initiate a identified technology is performable,
rulemaking that would establish per- practicable, and/or may possibly pre-
formance standards and other require- vent the introduction and spread of
ments or conditions to ensure to the non-indigenous aquatic invasive spe-
maximum extent practicable that cies.
aquatic nuisance species are not dis-
charged into waters of the United § 151.2035 Implementation schedule
States from vessels. If the Coast Guard for approved ballast water manage-
subsequently finds that it is not able to ment methods.
meet this schedule, the Coast Guard (a) To discharge ballast water into
will publish a notice in the FEDERAL waters of the United States, the mas-
REGISTER so informing the public, ter, owner, operator, agent, or person
277
§ 151.2036 33 CFR Ch. I (7–1–20 Edition)
in charge of a vessel subject to (b) Implementation Schedule for the

§ 151.2025 of this subpart must either en- Ballast Water Management Discharge
sure that the ballast water meets the Standard for vessels using a Coast Guard
ballast water discharge standard as de- approved BWMS to manage ballast water
fined in § 151.2030(a), use an AMS as de- discharged to waters of the U.S. After the
scribed in § 151.2025(a)(3) or ballast ex- dates listed in Table 151.2035(b), vessels
clusively with water from a U.S. public may use a USCG-approved BWMS and
water system, as described in comply with the discharge standard,
§ 151.2025(a)(2), according to the sched- use PWS per § 151.2025(a)(2), or use a
ule in paragraph (b) of this section. previously installed AMS per
§ 151.2025(a)(3).
TABLE 151.2035(b)—IMPLEMENTATION SCHEDULE FOR APPROVED BALLAST WATER MANAGEMENT
METHODS
Vessel’s ballast Date constructed Vessel’s compliance date
water capacity
New vessels .................. All .................................. On or after December 1, 2013 ........ On delivery.
Existing vessels ............. Less than 1500 m3 ....... Before December 1, 2013 ............... First scheduled drydocking after
January 1, 2016.
1500–5000 m3 .............. Before December 1, 2013 ............... First scheduled drydocking after
January 1, 2014.
Greater than 5000 m3 .. Before December 1, 2013 ............... First scheduled drydocking after
January 1, 2016.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012, the vessel to comply with the require-
as amended by USCG–2015–0433, 80 FR 44281, ments of § 151.2030.
July 27, 2015]
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
§ 151.2036 Extension of compliance as amended by USCG–2014–0410, 79 FR 38435,
date. July 7, 2014; USCG–2015–0433, 80 FR 44282,
July 27, 2015; USCG–2018–0874, 84 FR 30880,
The Coast Guard may grant an exten- June 28, 2019]
sion to the implementation schedule
listed in § 151.2035(b) of this subpart § 151.2040 Discharge of ballast water
in extraordinary circumstances.
only in those cases where the master,
owner, operator, agent, or person in (a) The Coast Guard will allow the
charge of a vessel subject to this sub- master, owner, operator, agent, or per-
part can document that, despite all ef- son in charge of a vessel that cannot
forts, compliance with the requirement practicably meet the requirements of
under § 151.2025 is not possible. Any ex- § 151.2025(a) of this subpart, either be-
tension request must be made no later cause its voyage does not take it into
waters 200 nautical miles or greater
than 12 months before the scheduled
from any shore for a sufficient length
implementation date listed in
of time and the vessel retains ballast
§ 151.2035(b) of this subpart and sub- water onboard or because the master of
mitted in writing by email to environ- the vessel has identified safety or sta-
mentallstandards@uscg.mil, or to the bility concerns, to discharge ballast
Commandant (CG–OES), Attn: Office of water in areas other than the Great
Operating and Environmental Stand- Lakes and the Hudson River north of
ards, U.S. Coast Guard Stop 7509, 2703 the George Washington Bridge.
Martin Luther King Jr. Avenue SE., (1) The Coast Guard will not allow
Washington, DC 20593–7509. Summary such a discharge if the vessel is re-
information concerning all extension quired to have a Coast Guard-approved
decisions, including the name of the ballast water management system
vessel and vessel owner, the term of (BWMS) per the implementation sched-
the extension, and the basis for the ex- ule found in § 151.2035(b) of this subpart.
tension will be promptly posted on the (2) If the Coast Guard allows the dis-
Internet. Extensions will be for no charge of ballast water as described in

longer than the minimum time needed, paragraph (a) of this section, the mas-
as determined by the Coast Guard, for ter, owner, operator, agent, or person
278
in charge of the vessel must discharge § 151.2050 Additional requirements—

only that amount of ballast water nonindigenous species reduction
operationally necessary to ensure the practices.
safety of the vessel for cargo oper- The master, owner, operator, agent,
ations. or person in charge of any vessel
(3) Ballast water records must be equipped with ballast water tanks that
made available to the local Captain of operates in the waters of the United
the Port (COTP) upon request. States must follow these practices:
(4) Vessels on a voyage to the Great (a) Avoid the discharge or uptake of
Lakes or the Hudson River north of the ballast water in areas within, or that
George Washington Bridge must com- may directly affect, marine sanc-
ply with the requirements of 33 CFR tuaries, marine preserves, marine
151.1515. parks, or coral reefs.
(b) If the installed BWMS required by (b) Minimize or avoid uptake of bal-
this subpart stops operating properly last water in the following areas and
during a voyage, or the vessel’s BWM situations:
method is unexpectedly unavailable, (1) Areas known to have infestations
the person directing the movement of or populations of harmful organisms
the vessel must ensure that the prob- and pathogens (e.g., toxic algal
lem is reported to the nearest COTP or blooms).
District Commander as soon as prac- (2) Areas near sewage outfalls.
ticable. The vessel may continue to the (3) Areas near dredging operations.
next port of call, subject to the direc- (4) Areas where tidal flushing is
tions of the COTP or District Com- known to be poor or times when a tidal
mander, as provided by part 160 of this stream is known to be turbid.
chapter. (5) In darkness, when bottom-dwell-
(1) The Coast Guard will normally ing organisms may rise up in the water
allow a vessel that cannot practicably column.
meet the requirements of § 151.2025(a)(1) (6) Where propellers may stir up the
of this subpart because its installed sediment.
BWMS is inoperable, or the vessel’s (7) Areas with pods of whales, conver-
BWM method is unexpectedly unavail- gence zones, and boundaries of major
able, to employ one of the other ballast currents.
water management (BWM) methods (c) Clean the ballast tanks regularly
listed in § 151.2025(a) of this subpart. to remove sediments. Sediments must
(2) If the master of the vessel deter- be disposed of in accordance with local,
mines that the vessel cannot employ State, and Federal regulations.
other BWM methods due to the voyage (d) Discharge only the minimal
or safety concerns listed in paragraph amount of ballast water essential for
(a) of this section, the Coast Guard will vessel operations while in the waters of
normally allow the vessel to discharge the United States.
ballast water in areas other than the (e) Rinse anchors and anchor chains
Great Lakes and the Hudson River when the anchor is retrieved to remove
north of the George Washington organisms and sediments at their
Bridge. places of origin.
(3) If the Coast Guard approves such (f) Remove fouling organisms from
an allowance, the vessel must dis- the vessel’s hull, piping, and tanks on a
charge only that amount of ballast regular basis and dispose of any re-
water operationally necessary to en- moved substances in accordance with
sure the safety and stability of the ves- local, State and Federal regulations.
sel for cargo operations. Ballast water (g) Maintain a ballast water manage-
records must be made available to the ment (BWM) plan that has been devel-
local COTP upon request. oped specifically for the vessel and
(c) Nothing in this subpart relieves that will allow those responsible for
the master, owner, operator, agent, or the plan’s implementation to under-
person in charge of a vessel of any re- stand and follow the vessel’s BWM
sponsibility, including ensuring the strategy and comply with the require-
safety and stability of the vessel and ments of this subpart. The plan must
the safety of the crew and passengers. include—
279
§ 151.2055 33 CFR Ch. I (7–1–20 Edition)
(1) Detailed safety procedures; Clearinghouse (NBIC) by electronic

(2) Actions for implementing the ballast water report format using
mandatory BWM requirements and methods specified at NBIC’s Web site
practices; at http://invasions.si.edu/nbic/sub-
(3) Detailed fouling maintenance and mit.html. The ballast water report will
sediment removal procedures; include the information listed in para-
(4) Procedures for coordinating the graph (c) of this section and must be
shipboard BWM strategy with Coast submitted as follows:
Guard authorities; (1) For any vessel bound for the Great
(5) Identification of the designated Lakes from outside the EEZ. (i) Submit a
officer(s) in charge of ensuring that the ballast water report at least 24 hours
plan is properly implemented; before the vessel arrives in Montreal,
(6) Detailed reporting requirements Quebec.
and procedures for ports and places in (ii) Non-U.S. and non-Canadian flag
the United States where the vessel may vessels may complete the St. Lawrence
visit; and Seaway Ballast Water Reporting Form
(7) A translation of the plan into and submit it in accordance with the
English, French, or Spanish if the ves- applicable Seaway notice as an alter-
sel’s working language is another lan- native to this requirement.
guage. (2) For any vessel bound for the Hudson
(h) Train the master, operator, per- River north of the George Washington
son in charge, and crew on the applica- Bridge entering from outside the EEZ:
tion of ballast water and sediment Submit the ballast water report at
management and treatment proce- least 24 hours before the vessel enters
dures. New York, NY.
(i) When discharging ballast water to (3) For any vessel that is equipped with
a reception facility in the United ballast water tanks and bound for ports or
States, discharge only to reception fa- places in the United States and not ad-
cilities that have an NPDES permit to dressed in paragraphs (b)(1) and (2) of
discharge ballast water. this section: Submit the ballast water
report no later than 6 hours after ar-
§ 151.2055 Deviation from planned voy- rival at the port or place of destina-
age. tion, or prior to departure from that
As long as ballast water exchange port or place of destination, whichever
(BWE) is an allowable ballast water is earlier.
management option under §§ 151.2025 (c) The ballast water report required
and 151.2035 of this subpart, the Coast by paragraph (b) of this section must
Guard will not require a vessel to devi- include the following information:
ate from its voyage or delay the voyage (1) Vessel information. This includes
in order to conduct BWE. A vessel may the vessel’s name, International Mari-
be required to deviate from its voyage time Organization (IMO) number or
or delay the voyage if BWE is directed other vessel identification number if
by a Captain of the Port pursuant to an IMO number is not issued, country
§ 151.2040(b) of this subpart. of registry, owner or operator, type and
tonnage.
§ 151.2060 Reporting requirements. (2) Voyage information. This includes
(a) Ballast water reporting require- the port and date of arrival, name and
ments exist for each vessel subject to contact information of the person sub-
this subpart bound for ports or places mitting the form, last port and country
of the United States regardless of of call, and next port and country of
whether a vessel operated outside of call.
the Exclusive Economic Zone (EEZ), (3) Ballast water information. This in-
unless exempted in § 151.2015 of this cludes the vessel’s total ballast water
subpart. capacity, total number of ballast water
(b) The master, owner, operator, tanks, total volume of ballast water
agent, or person in charge of a vessel onboard, total number of ballast water
subject to this subpart and this section tanks in ballast, and the identification
must submit a ballast water report to of ballast water management method
the National Ballast Information used.
280
(4) Information on ballast water tanks request, consider and approve alter-
that are to be discharged into the waters native methods of reporting if—
of the United States or to a reception fa- (a) Such methods are at least as ef-
cility. Include the following for each fective as those required by § 151.2060 of
tank discharged: this subpart; and
(i) The numerical designation, type (b) Compliance with § 151.2060 of this
and capacity of the ballast tank. subpart is economically or physically
(ii) The source of the ballast water. impractical. The Chief, Environmental
This includes date(s), location(s), and Standards Division (CG–OES–3), will
volume(s). If a tank has undergone bal- approve or disapprove a request sub-
last water exchange, provide the load- mitted in accordance with this section
ing port of the ballast water that was within 30 days of receipt of the request.
discharged during the exchange.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
(iii) The date(s), starting location(s), as amended at by USCG–2018–0874, 84 FR
ending location(s), volume(s), and 30880, June 28, 2019]
method(s) of ballast water manage-
ment. § 151.2070 Recordkeeping require-
(iv) The date(s), location(s), and vol- ments.
ume(s) of any ballast water discharged (a) The master, owner, operator,
into the waters of the United States or agent, or person in charge of a vessel
to a reception facility. bound for a port or place in the United
(5) Certificate of accurate information. States, unless specifically exempted by
Include the name and title of the indi- § 151.2015 of this subpart, must ensure
vidual (i.e., master, owner, operator, the maintenance of written or digital
agent, person in charge) attesting to records that include the information
the accuracy of the information pro- required to be reported by § 151.2060 of
vided and that the activities were in this subpart and the sediment informa-
accordance with the ballast water man- tion in paragraph (a)(1) of this section.
agement plan required by § 151.2050(g). (1) Discharge of sediment. If sediment
If exceptional circumstances required was discharged within the jurisdiction
deviation from the plan, the details
of the United States, include the name
surrounding the need for deviation and
and location of the facility where sedi-
associated actions must be explained.
ment disposal took place.
(d) If the information submitted in
(2) Certification of accurate informa-
accordance with paragraph (c) of this
tion. Include the master, owner, oper-
section changes, the master, owner, op-
ator, agent, person in charge, or re-
erator, agent, or person in charge of
sponsible officer’s printed name, title,
the vessel must submit an amended re-
and signature attesting to the accu-
port before the vessel departs the
racy of the information provided and
waters of the United States or not
later than 24 hours after departure that the activities were in accordance
from the port or place, whichever is with the ballast water management
earlier. plan required by § 151.2050(g). If excep-
tional circumstances required devi-
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012, ation from the plan, the details sur-
as amended by USCG–2012–0924, 80 FR 73114, rounding the need for deviation and as-
Nov. 24, 2015; USCG–2018–0245, 83 FR 47292,
sociated actions must be explained.
Sept. 19, 2018]
The signature requirement may be sat-
§ 151.2065 Equivalent reporting meth- isfied by affirming the certification
ods for vessels other than those en- portion of the electronic ballast water
tering the Great Lakes or Hudson report.
River after operating outside the (b) The master, owner, operator,
U.S. Exclusive Economic Zone or agent, or person in charge of a vessel
Canadian equivalent. subject to this section must retain a
For vessels required to report under signed copy of this information on-
§ 151.2060(b)(3) of this subpart, the board the vessel for 2 years.
Chief, Environmental Standards Divi- (c) The recordkeeping requirements
sion (CG–OES–3), acting for the Assist- in this section may be met by main-
ant Commandant for Prevention Policy taining a copy of the reporting form
(CG–5P), may, upon receipt of a written completed pursuant to § 151.2060 of this
281
§ 151.2075 33 CFR Ch. I (7–1–20 Edition)
subpart, in addition to maintaining a Subpart E—Definition of Marine

record of the sediment information in Debris for the Purposes of the
paragraph (a)(1) of this section. These Marine Debris Research, Pre-
records may be stored on digital media
but must be readily viewable by the
vention, and Reduction Act
Coast Guard during an inspection.
(d) The master, owner, operator, AUTHORITY: 33 U.S.C. 1951–1958 (2006); 33
CFR 1.05–1; Department of Homeland Secu-
agent, or person in charge of a vessel rity Delegation No. 0170.1.
subject to this section must retain the
monitoring records required in 46 CFR § 151.3000 Definition of marine debris
162.060–20(b) for 2 years. These records for the purposes of the Marine De-
may be stored on digital media but bris Research, Prevention, and Re-
must be readily viewable by the Coast duction Act.
Guard during an inspection. (a) Marine debris. For the purposes of
[USCG–2012–0924, 80 FR 73115, Nov. 24, 2015] the Marine Debris Research, Preven-
tion, and Reduction Act (33 U.S.C. 1951–
§ 151.2075 Enforcement and compli- 1958 (2006)) only, marine debris is de-
ance. fined as any persistent solid material
that is manufactured or processed and
(a) The master, owner, operator,
directly or indirectly, intentionally or
agent, or person in charge of a vessel unintentionally, disposed of or aban-
must provide the Captain of the Port doned into the marine environment or
(COTP) with access to the vessel in the Great Lakes.
order to take samples of ballast water
(b) NOAA and the Coast Guard have
and sediment, examine documents, and jointly promulgated the definition of
make other appropriate inquiries to as- marine debris in this part. NOAA’s reg-
sess the compliance of any vessel sub- ulation may be found in 15 CFR part
ject to this subpart. 909.
(b) The master, owner, operator,
agent, or person in charge of a vessel [74 FR 45560, Sept. 3, 2009]
subject to this section must provide
the records to the COTP upon request, PART 153—CONTROL OF POLLU-
as required by § 151.2070 of this subpart. TION BY OIL AND HAZARDOUS
(c) Vessels with installed ballast SUBSTANCES, DISCHARGE RE-
water management systems are subject MOVAL
to Coast Guard inspection. Every ves-
sel must have a sampling port(s) de- Subpart A—General
signed and installed in accordance with
46 CFR 162.060–28(f) and (f)(2) at each Sec.
overboard discharge point. 153.101 Purpose.
(d) In this subpart, wherever multiple 153.103 Definitions.
153.105 FWPCA delegations and redelega-
entities are responsible for compliance
tion.
with any requirement of the rule, each 153.107 [Reserved]
entity is jointly liable for a violation 153.109 CERCLA delegations.
of such requirement.
Subpart B—Notice of the Discharge of Oil
§ 151.2080 Penalties. or a Hazardous Substance
(a) A person who violates this sub- 153.201 Purpose.
part is liable for a civil penalty not to 153.203 Procedure for the notice of dis-
exceed $35,000. Each day of a con- charge.
tinuing violation constitutes a sepa- 153.205 Fines.
rate violation. A vessel operated in vio-
lation of the regulations is liable in Subpart C—Removal of Discharged Oil
rem for any civil penalty assessed
153.301 Purpose.
under this subpart for that violation. 153.303 Applicability.
(b) A person who knowingly violates 153.305 Methods and procedures for the re-
the regulations of this subpart is guilty moval of discharged oil.
of a class C felony. 153.307 Penalties.
282
Subpart D—Administration of the Pollution cludes dispersants, surface collecting

Fund agents, biological additives, burning
agents, and sinking agents as defined
153.401 Purpose.
153.403 Applicability. in Subpart H of the National Contin-
153.405 Liability to the pollution fund. gency Plan.
153.407 Payments or reimbursement from (d) Assistant Commandant for Marine
the pollution fund. Safety, Security and Environmental Pro-
153.411 Procedures for payment of judg- tection means the Coast Guard Officer
ments. designated by the Commandant to as-
153.413 Deposit of money into the fund.
153.415 Cost summary reports. sist and advise the Commandant on
153.417 Reimbursement for actions under matters related to marine environ-
section 311(c) or 311(d) of the Act of the mental response, port and environ-
Intervention on the High Seas Act. mental safety, and waterways manage-
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 1321, ment.
1903, 1908; 42 U.S.C. 9615; 46 U.S.C. 6101; E.O. (e) Coastal waters means all U.S.
12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 waters subject to the tide, U.S. waters
CFR, 1991 Comp., p. 351; Department of of the Great Lakes, specified ports and
Homeland Security Delegation No. 0170.1. harbors on the inland rivers, waters of
SOURCE: CGD 73–185, 41 FR 12630, Mar. 25, the contiguous zone, or other waters of
1976, unless otherwise noted. the high seas subject to discharges in
connection with activities under the
Subpart A—General Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) or the Deepwater
§ 153.101 Purpose. Port Act of 1974 (33 U.S.C. 1501 et seq.),
The purpose of this part is to pre- or which may affect natural resources
scribe regulations concerning notifica- belonging to, appertaining to, or under
tion to the Coast Guard of the dis- the exclusive management authority of
charge of oil or hazardous substances the United States (including resources
as required by the Federal Water Pollu- under the Magnuson Fishery Conserva-
tion Control Act, as amended tion and Management Act (16 U.S.C.
(FWPCA); the procedures for the re- 1801 et seq.)). These waters include
moval of a discharge of oil; and the those contained within the Exclusive
costs that may be imposed or reim- Economic Zone declared by Presi-
bursed for the removal of a discharge of dential Proclamation 5030 on March 10,
oil or hazardous substances under the 1983 (43 FR 10605).
FWPCA. NOTE: Coastal waters are those waters
where the Coast Guard has the responsibility
[CGD 84–067, 51 FR 17965, May 16, 1986]
for providing On-Scene Coordinators under
the National Contingency Plan. Specific di-
viding lines between coastal and inland
As used in this part: waters, and the identification of specified
(a) Act means the Federal Water Pol- ports and harbors on inland rivers, are con-
lution Control Act, as amended (33 tained in Regional Contingency Plans pre-
U.S.C. 1251 et seq.). pared pursuant to the National Contingency
(b) CERCLA means the Comprehen- Plan.
sive Environmental Response, Com- (f) Contiguous zone means the entire
pensation, and Liability Act of 1980 (42 zone established by the United States
U.S.C. 9601 et seq.). under Article 24 of the Convention on
(c) Chemical agents means those ele- the Territorial Sea and the Contiguous
ments, compounds, or mixtures that Zone, as published in the June 1, 1972
coagulate, disperse, dissolve, emulsify, issue of the FEDERAL REGISTER (37 FR
foam, neutralize, precipitate, reduce, 11906).
solubilize, oxidize, concentrate, con- (g) Discharge includes, but is not lim-
geal, entrap, fix, make the pollutant ited to, any spilling, leaking, pumping,
mass more rigid or viscous, or other- pouring, emitting, emptying, or dump-
wise facilitate the mitigation of delete- ing, but excludes (A) discharges in
rious effects or removal of the pollut- compliance with a permit under Sec-
ant from the water. The term ‘‘chem- tion 402 of the Act, (B) discharges re-
ical agents’’ as used in this part insulting from circumstances identified
283
§ 153.103 33 CFR Ch. I (7–1–20 Edition)
and reviewed and made part of the pub- Contingency Plan) as published in 40
lic record with respect to a permit CFR Part 300.
issued or modified under Section 402 of (o) Onshore facility means any facility
the Act, and subject to a condition in (including, but not limited to, motor
such permit, and (C) continuous or an- vehicles and rolling stock) of any kind
ticipated intermittent discharges from located in, on, or under, any land with-
a point source, identified in a permit or in the United States other than sub-
permit application under section 402 of merged land.
the Act, which are caused by events oc- (p) Person includes an individual,
curring within the scope of relevant op- firm, corporation, association, and a
erating or treatment systems. partnership.
(h) Hazardous substance means any (q) Pollution Fund and Fund means
substance designated by the Adminis- the revolving fund established in the
trator of the Environmental Protection Treasury under the authority in sec-
Agency pursuant to section 311(b)(2) of tion 311(k) of the Act to carry out the
the Act. provisions of section 311 (c), (d), (i), and
(i) Inland waters means all other (l) of the Act.
waters of the U.S. not included in the (r) Public vessel means a vessel owned
definition of coastal waters. or bare-boat chartered and operated by
NOTE: Inland waters are those waters the United States, or by a State or po-
where the Environmental Protection Agency litical subdivision thereof, or by a for-
has the responsibility for providing On-Scene eign nation, except when such vessel is
Coordinators under the National Contin- engaged in commerce.
gency Plan. Specific dividing lines between
(s) Remove or Removal refers to re-
coastal and inland waters are contained in
Regional Contingency Plans prepared pursu- moval of oil or hazardous substances
ant to the National Contingency Plan. from the waters and shorelines or the
(j) Mechanical removal means the use taking of such other actions as may be
of pumps, skimmers, booms, necessary to minimize or mitigate
earthmoving equipment, and other me- damage to the public health or welfare,
chanical devices to contain the dis- including, but not limited to, fish,
charge of oil and to recover the dis- shellfish, wildlife, and public and pri-
charge from the water or adjoining vate property, shorelines, and beaches.
shorelines. (t) Sorbent means materials essen-
(k) Navigable waters means the waters tially inert and insoluble used to re-
of the United States as defined in para- move oil from water through a variety
graph 2.36(b) of this Chapter. of sorption mechanisms. Examples in-
(l) Offshore facility means any facility clude straw, expanded perlite, poly-
of any kind located in, on, or under, urethane foam, reclaimed paper fibers,
any of the navigable waters of the and peat moss.
United States, and any facility of any (u) Such quantities as may be harmful
kind which is subject to the jurisdic- means those quantities of oil and any
tion of the United States and is located hazardous substances determined in ac-
in, on, or under any other waters, other cordance with the provisions of section
than a vessel or a public vessel. 311(b)(4) of the Act.
(m) Oil means oil of any kind or in NOTE: Regulations that relate to such
quantities as may be harmful of oil are pub-
any form, including but not limited to lished in 40 CFR Part 110. Regulations that
petroleum, fuel oil, sludge, oil refuse, relate to such quantities as may be harmful
and oil mixed with wastes other than (reportable quantities) of hazardous sub-
dredged spoil. stances are published in 40 CFR Part 117 and
(n) On-Scene Coordinator or OSC is the also listed in 40 CFR Part 302.
Federal official predesignated by the (v) United States means the States,
Environmental Protection Agency the District of Columbia, the Common-
(EPA) or Coast Guard to coordinate wealth of Puerto Rico, Guam, Amer-
and direct Federal removal efforts at ican Samoa, the Virgin Islands, and the
the scene of an oil or hazardous sub- Trust Territory of the Pacific Islands.
stance discharge as prescribed in the (w) Vessel means every description of

National Oil and Hazardous Substances watercraft or other artificial contriv-
Pollution Contingency Plan (National ance used, or capable of being used, as
284
a means of transportation on water (CG–MER–3), Attn: Industry and Inter-

other than a public vessel. agency Coordination Division, U.S.
[CGD 84–067, 51 FR 17965, May 16, 1986, as
Coast Guard Stop 7516, 2703 Martin Lu-
amended by CGD 88–052, 53 FR 25121, July 1, ther King Jr. Avenue SE., Washington,
1988; CGD 96–026, 61 FR 33665, June 28, 1996; DC 20593–7516, toll free telephone number:
CGD 97–023, 62 FR 33363, June 19, 1997; USCG– 800–424–8802, direct telephone: 202–267–
2002–12471, 67 FR 41333, June 18, 2002; USCG– 2675, or Fax: 202–267–1322. If direct re-
2008–0179, 73 FR 35014, June 19, 2008] porting to the NRC is not practicable,
reports may be made to the Coast
§ 153.105 FWPCA delegations and re- Guard or EPA predesignated OSC for
delegation.
the geographic area where the dis-
The delegations and redelegations charge occurs. All such reports shall be
under the Federal Water Pollution promptly relayed to the NRC. If it is
Control Act (FWPCA) [33 U.S.C. 1321 et not possible to notify the NRC or the
seq.] are published in § 1.01–80 and § 1.01– predesignated OSC immediately, re-
85, respectively, of this chapter. ports may be made immediately to the
[CGD 91–225, 59 FR 66485, Dec. 27, 1994] nearest Coast Guard unit, provided
that the person in charge of the vessel
§ 153.107 [Reserved] or onshore or offshore facility notifies
the NRC as soon as possible. A report
§ 153.109 CERCLA delegations. made under this section satisfies the
The delegations under the Com- reporting requirements of § 151.15 of
prehensive Environmental Response, this chapter and of 46 CFR 4.05–1, if re-
Compensation, and Liability Act of quired under that provision.
1980 (CERCLA) are published in § 1.01–70 NOTE: Geographical jurisdiction of Coast
of this chapter. Guard and EPA OSC’s are specified in the ap-
plicable Regional Contingency Plan. Re-
[CGD 83–009, 49 FR 575, Jan. 5, 1984] gional Contingency Plans are available at
Coast Guard District Offices and EPA Re-
Subpart B—Notice of the Dis- gional Offices as indicated in Table 2. Ad-
dresses and telephone numbers for these of-
charge of Oil or a Hazardous fices are listed in Table 1.
Substance
[CGD 84–067, 51 FR 17966, May 16, 1986, as
§ 153.201 Purpose. amended by CGD 88–052, 53 FR 25121, July 1,
1988; USCG–2000–6927, 70 FR 74675, Dec. 16,
The purpose of this subpart is to pre- 2005; USCG–2006–25150, 71 FR 39209, July 12,
scribe the manner in which the notice 2006; USCG–2008–0179, 73 FR 35014, June 19,
required in section 311(b)(5) of the Act 2008; USCG–2010–0351, 75 FR 36284, June 25,
is to be given and to list the govern- 2010; USCG–2014–0410, 79 FR 38435, July 7,
ment officials to receive that notice. 2014]
§ 153.203 Procedure for the notice of § 153.205 Fines.

discharge. Section 311(b)(5) of the Act prescribes
Any person in charge of a vessel or of that any person who fails to notify the
an onshore or offshore facility shall, as appropriate agency of the United
soon as they have knowledge of any States Government immediately of a
discharge of oil or a hazardous sub- discharge is, upon conviction, fined in
stance from such vessel or facility in accordance with Title 18, U.S. Code, or
violation of section 311(b)(3) of the Act, imprisoned for not more than 5 years,
immediately notify the Commandant or both.
TABLE 1—ADDRESSES AND TELEPHONE NUMBERS OF COAST GUARD DISTRICT OFFICES AND EPA
REGIONAL OFFICES
Address Telephone
EPA Regional Offices

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
285
§ 153.205 33 CFR Ch. I (7–1–20 Edition)
TABLE 1—ADDRESSES AND TELEPHONE NUMBERS OF COAST GUARD DISTRICT OFFICES AND EPA
REGIONAL OFFICES—Continued
Address Telephone
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 214–665–2200
75202–2733.
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
Coast Guard District Offices
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– 504–589–6901
3396.
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, 808–541–2114
HI 96850–4982.
17th .................................... P.O. Box 25517, Juneau, AK 99802–5517 ................................................. 907–463–2199
TABLE 2—STANDARD ADMINISTRATIVE REGIONS TABLE 2—STANDARD ADMINISTRATIVE REGIONS

OF STATES AND CORRESPONDING COAST OF STATES AND CORRESPONDING COAST
GUARD DISTRICTS AND EPA REGIONS GUARD DISTRICTS AND EPA REGIONS—Con-
tinued
Coast
States and EPA region Guard Coast
district States and EPA region Guard
district
Region I:
Maine ....................................................... 1st Panhandle area ......................... 8th
New Hampshire ....................................... 1st Alabama 8th
Vermont: Mississippi 8th
All except Northwestern portion 1st Region V:
Northwestern portion ................. 1st Minnesota:
Massachusetts ......................................... 1st Great Lakes area ...................... 9th
Connecticut .............................................. 1st Inland rivers area ...................... 8th
Rhode Island ........................................... 1st Wisconsin:
Region II: Great Lakes area ...................... 9th
New York: Inland rivers area ...................... 8th
Coastal area and Eastern por- 1st Michigan .................................................. 9th
tion. Illinois:
Great Lakes area and other 9th Great Lakes area ...................... 9th
portions. Inland rivers area ...................... 8th
New Jersey: Indiana:
Upper portion ............................ 1st Great Lakes area ...................... 9th
Lower portion ............................ 5th Inland rivers area ...................... 8th
Puerto Rico .............................................. 7th Ohio:
Virgin Islands ........................................... 7th Great Lakes area ...................... 9th
Region III: Inland rivers area ...................... 8th
Pennsylvania: Region VI:
Eastern portion .......................... 5th New Mexico ............................................. 8th
Great Lakes area ...................... 9th Texas ....................................................... 8th
Southwestern portion ................ 8th Oklahoma ................................................ 8th
Maryland .................................................. 5th Arkansas .................................................. 8th
Delaware .................................................. 5th Louisiana ................................................. 8th
West Virginia ........................................... 8th Region VII:
Virginia ..................................................... 5th Nebraska ................................................. 8th
District of Columbia ................................. 5th Iowa ......................................................... 8th
Region IV: Kansas ..................................................... 8th
Kentucky .................................................. 8th Missouri ................................................... 8th
Tennessee ............................................... 8th Region VIII:
North Carolina ......................................... 5th Montana ................................................... 13th
South Carolina ......................................... 7th Wyoming .................................................. 8th

Georgia .................................................... 7th Utah ......................................................... 11th
Florida: Colorado .................................................. 8th
Atlantic and Gulf coasts ............ 7th North Dakota ........................................... 8th
286
TABLE 2—STANDARD ADMINISTRATIVE REGIONS Plan to require or deny the use of specific
OF STATES AND CORRESPONDING COAST mechanical methods and sorbents. Sorbent
GUARD DISTRICTS AND EPA REGIONS—Con- selection considerations of the OSC include
hydrographic and meteorological conditions,
tinued
characteristics of the sorbent, and avail-
Coast ability of a mechanical method for contain-
States and EPA region Guard ment and recovery.
district
(b) Control the source of discharge,
South Dakota ........................................... 8th
Region IX:
prevent further discharges, and halt or
California .................................................. 11th slow the spread of the discharge by me-
Nevada .................................................... 11th chanical methods or sorbents or both
Arizona ..................................................... 11th to the maximum extent possible;
Hawaii ...................................................... 14th
Guam ....................................................... 14th (c) Recover the discharged oil from
American Samoa ..................................... 14th the water or adjoining shorelines by
Trust Territory of the Pacific Islands ....... 14th mechanical or manual methods or both
Northern Mariana Islands ........................ 14th
Region X: to the maximum extent possible;
Washington .............................................. 13th (d) Use chemical agents only in ac-
Oregon ..................................................... 13th cordance with the provisions of Sub-
Idaho ........................................................ 13th
Alaska ...................................................... 17th part H of the National Contingency
Plan and with the prior approval of the
Federal OSC; and
[CGD 84–067, 51 FR 17967, May 16, 1986, as
amended by CGD 88–052, 53 FR 25121, July 1, (e) Dispose of recovered oil and oil
1988; CGD 97–023, 62 FR 33364, June 19, 1997; contaminated materials in accordance
USCG–1998–3799, 63 FR 35530, June 30, 1998; with applicable State and local govern-
USCG–2000–7223, 65 FR 40057, June 29, 2000] ment procedures.
[CGD 73–185, 41 FR 12630, Mar. 25, 1976, as
Subpart C—Notification of Arrival, amended by CGD 84–067, 51 FR 17966, May 16,
Hazardous Conditions, and 1986]
Certain Dangerous Cargoes
§ 153.307 Penalties.
§ 153.301 Purpose. Any person who fails or refuses to
The purpose of this subpart is to pre- comply with the provisions of this
scribe methods and procedures to be part, or to comply with an order issued
used to remove discharges of oil from by the Federal On-Scene Coordinator
coastal waters. under 33 U.S.C. § 1321(c) or (e)(1)(B), is
liable for a civil penalty per day of vio-
§ 153.303 Applicability. lation or an amount equal to three
The provisions of this subpart apply times the costs incurred by the Oil
to any owner or operator of a vessel or Spill Liability Trust Fund as a result
onshore or offshore facility from which of such failure.
a discharge of oil into coastal waters [USCG–1998–3799, 63 FR 35531, June 30, 1998]
occurs who acts to remove or arranges
for the removal of such discharges.
Subpart D—Administration of the
§ 153.305 Methods and procedures for Pollution Fund
the removal of discharged oil.
Each person who removes or arranges § 153.401 Purpose.
for the removal of a discharge of oil This subpart prescribes policies, pro-
from coastal waters shall: cedures, and reporting requirements
(a) Use to the maximum extent pos- for the payment from and deposit into
sible mechanical methods and sorbents the Fund established pursuant to sec-
that: tion 311(k) of the Act.
(1) Most effectively expedite removal
of the discharged oil; and § 153.403 Applicability.
(2) Minimize secondary pollution The provisions of this subpart apply
from the removal operations; to:

NOTE: The Federal OSC is authorized by (a) Each Federal and State agency
the provisions of the National Contingency that desires reimbursement from the
287
§ 153.405 33 CFR Ch. I (7–1–20 Edition)
Fund for costs incurred during a re- (i) Travel (transportation and per
moval activity; and diem) specifically requested of the
(b) The owner or operator of the ves- agency by the On-Scene Coordinator.
sel or onshore or offshore facility from (ii) Overtime for civilian personnel
which a discharge occurs that requires specifically requested of the agency by
Federal removal activity. the On-Scene Coordinator.
(iii) Incremental operating costs for
§ 153.405 Liability to the pollution vessels, aircraft, vehicles, and equip-
fund. ment incurred in connection with the
The owner or operator of the vessel removal activity.
(iv) Supplies, materials, and equip-
or onshore or offshore facility from
ment procured for the specific removal
which a discharge occurs that requires
activity and fully expended during the
Federal removal activity is liable to
removal activity.
the pollution fund for the actual costs
(v) Lease or rental of equipment for
of Federal and State agencies, includ-
the specific removal activity.
ing the employment and use of per- (vi) Contract costs for the specific re-
sonnel and equipment, not to exceed moval activity.
the limits established by sections 311(f) (4) Claims payable under part 25, sub-
and (g) of the Act. part H of this title.
(b) The District Commander may au-
§ 153.407 Payments or reimbursements
from the pollution fund. thorize the direct payment of the costs
found to be reasonable under paragraph
(a) The following costs incurred dur- (a)(3) of this section. Direct payment
ing performance of a Phase III activity may only be made to Federal or State
as defined in Subpart E of the National agencies, or to Federal contractors or
Contingency Plan, or a removal action suppliers. Direct payments to State or
as defined in Subpart F of the National local agency contractors or suppliers
Contingency Plan, are reimbursable to will not be authorized.
Federal and State agencies when au- (c) The Pollution Fund is not avail-
thorized by the appropriate OSC under able to pay any foreign, Federal, State
the authority of section 311(c) of the or local government or agency for the
Act, and are reimbursable to Federal payment or reimbursement of its costs
agencies when authorized by the appro- incurred in the removal of oil or haz-
priate Coast Guard or EPA official in ardous substances discharged from a
the case of the summary removal or de- vessel or facility that it owns or oper-
struction of a vessel, other ‘‘interven- ates.
tion’’ (as defined in § 153.105(e) of this NOTE: Federal procurement procedures
part), or any other action under the au- governing contracts to purchase property
thority of section 311(d) of the Act or and services apply to costs incurred as a re-
the Intervention on the High Seas Act sult of removal activity. Where the public
exigency will not permit the delay incident
(33 U.S.C. 1471 et seq.):
to advertising, purchases and contracts are
(1) Costs found to be reasonable by negotiated pursuant to 10 U.S.C. 2304(a)(2) or
the Coast Guard incurred by govern- 41 U.S.C. 252(c)(2), as applicable.
ment industrial type facilities, includ-
[CGD 73–185, 41 FR 12630, Mar. 25, 1976, as
ing charges for overhead in accordance amended by CGD 84–067, 51 FR 17967, May 16,
with the agency’s industrial account- 1986]
ing system.
(2) Actual costs for which an agency § 153.411 Procedures for payment of
is required or authorized by any law to judgments.
obtain full reimbursement. An owner or operator of a vessel or
(3) Costs found to be reasonable by an onshore or offshore facility who ob-
the Coast Guard incurred as a result of tains a judgment against the United
removal activity that are not ordi- States under section 311(i) of the Act
narily funded by an agency’s regular may have the judgment satisfied by re-
appropriations and that are not in- questing payment of the judgment in
curred during normal operations. These writing from the Commandant (CG–
costs include, but are not limited to, 094), Attn: Judge Advocate General and
the following: Chief Counsel, U.S. Coast Guard Stop
288
7213, 2703 Martin Luther King Jr. Ave- § 153.417 Reimbursement for actions
nue SE., Washington, DC 20593–7213. under section 311(c) or 311(d) of the
This request must be accompanied by a Act of the Intervention on the High
copy of the judgment and must des- Seas Act.
ignate to whom payment should be (a) Each Federal or State agency re-
made. questing reimbursement for an action
[CGD 73–185, 41 FR 12630, Mar. 25, 1976, as authorized under section 311(c) or 311(d)
amended at USCG–2010–0351, 75 FR 36284, of the Act or under the Intervention on
June 25, 2010; USCG–2014–0410, 79 FR 38435, the High Seas Act must, within 60 days
July 7, 2014] after completion of the action, submit
to the cognizant District Commander,
§ 153.413 Deposit of money into the through the OSC for review and certifi-
fund. cation required in paragraph (b) of this
Any person liable for the payment of section, lists accompanied by sup-
the following shall remit payment by porting accounting data, itemizing ac-
check or postal money order, payable tual costs incurred.
to the U.S. Coast Guard, to the cog- (b) Requests for reimbursement sub-
nizant District Commander, or to the mitted by Federal and State agencies
Commandant for deposit into the Pol- are reviewed by the OSC to ensure that
lution Fund as prescribed in section the costs for which reimbursement is
311(k) of the Act: being sought were authorized as Phase
(a) A fine or penalty imposed, as- III removal actions for oil discharges,
sessed, or compromised under section or removal actions as defined in Sub-
311 of the Act, including the proceeds part F for hazardous substance dis-
of a bond or other surety obtained pur- charges, and must have one of the fol-
suant to section 311(b)(6). lowing certifications by the OSC, as ap-
(b) A claim asserted by the cognizant propriate:
District Commander for costs recover- (1) I certify that the actions for
able under sections 311 (f) and (g) of the which reimbursement is being re-
Act. quested in the attached statements
(c) A judgment obtained by the were authorized by me as [(Phase III
United States for costs recoverable oil removal actions) or (hazardous sub-
under sections 311 (f) and (g) of the Act. stance removal actions)], and reason-
able costs related thereto are proper
§ 153.415 Cost summary reports. for payment from the Pollution Fund.
As soon as practicable after comple- llllllllllllllllllllllll
tion of an action authorized under sec- (OSC signature)
tion 311 (c) or (d) of the Act or the llllllllllllllllllllllll
Intervention on the High Seas Act, the (Incident title)
OSC submits a cost summary report to llllllllllllllllllllllll
the cognizant District Commander that (Pollution incident project number)
includes: (2) I certify that, except as noted
(a) Names of agencies and contrac- below, the actions for which reimburse-
tors authorized to participate in the ment is being requested in the attached
action; statements were authorized by me as
(b) A general description of the func- [(Phase III oil removal actions) or (haz-
tion performed by each participating ardous substance removal actions)],
agency and contractor; and reasonable costs related thereto
(c) An estimate of the cost of each are proper for payment from the Pollu-
function performed by each partici- tion Fund. The following actions were
pating agency and contractor; and not authorized by me and are not sub-
(d) A copy of contracts, memoranda, ject to reimbursement from the Pollu-
or other documents pertaining to the tion Fund:
functions performed by the partici-
llllllllllllllllllllllll
pating agencies and contractors.
(OSC Signature)
[CGD 73–185, 41 FR 12630, Mar. 25, 1976, as llllllllllllllllllllllll

amended by CGD 84–067, 51 FR 17967, May 16, (Incident title)
1986] llllllllllllllllllllllll
289
(Pollution incident project number) 154.1029 Worst case discharge.
154.1030 General response plan contents.
[CGD 84–067, 51 FR 17967, May 16, 1986]
154.1035 Specific requirements for facilities
that could reasonably be expected to
PART 154—FACILITIES TRANSFER- cause significant and substantial harm
RING OIL OR HAZARDOUS MATE- to the environment.
RIAL IN BULK 154.1040 Specific requirements for facilities
that could reasonably be expected to
cause substantial harm to the environ-
Subpart A—General ment.
Sec. 154.1041 Specific response information to be
154.100 Applicability. maintained on mobile MTR facilities.
154.105 Definitions. 154.1045 Response plan development and
154.106 Incorporation by reference. evaluation criteria for facilities that
154.107 Alternatives. handle, store, or transport Group I
154.108 Exemptions. through Group IV petroleum oils.
154.110 Letter of intent. 154.1047 Response plan development and
154.120 Facility examinations. evaluation criteria for facilities that
handle, store, or transport Group V pe-
Subpart B—Operations Manual troleum oils.
154.1050 Training.
154.300 Operations manual: General. 154.1055 Exercises.
154.310 Operations manual: Contents. 154.1057 Inspection and maintenance of re-
154.320 Operations manual: Amendment. sponse resources.
154.325 Operations manual: Procedures for 154.1060 Submission and approval proce-
examination. dures.
154.1065 Plan review and revision proce-
Subpart C—Equipment Requirements dures.
154.500 Hose assemblies. 154.1070 Deficiencies.
154.510 Loading arms. 154.1075 Appeal process.
154.520 Closure devices.
154.525 Monitoring devices. Subpart G—Additional Response Plan Re-
154.530 Small discharge containment. quirements for a Trans-Alaska Pipeline
154.540 Discharge removal. Authorization Act (TAPAA) Facility Op-
154.545 Discharge containment equipment. erating in Prince William Sound, Alaska
154.550 Emergency shutdown.
154.560 Communications. 154.1110 Purpose and applicability.
154.570 Lighting. 154.1115 Definitions.
154.1120 Operating restrictions and interim
Subpart D—Facility Operations operating authorization.
154.1125 Additional response plan require-
154.700 General. ments.
154.710 Persons in charge: Designation and 154.1130 Requirements for prepositioned re-
qualification. sponse equipment.
154.730 Persons in charge: Evidence of des-
154.1135 Response plan development and
ignation.
evaluation criteria.
154.735 Safety requirements.
154.1140 TAPAA facility contracting with a
154.740 Records.
vessel.
154.750 Compliance with operations manual.
Subpart E [Reserved] Subpart H—Response Plans for Animal Fats

and Vegetable Oils Facilities
Subpart F—Response Plans for Oil Facilities 154.1210 Purpose and applicability.
154.1010 Purpose. 154.1216 Facility classification.
154.1015 Applicability. 154.1220 Response plan submission require-
154.1016 Facility classification by COTP. ments.
154.1017 Response plan submission require- 154.1225 Specific response plan development
ments. and evaluation criteria and other re-
154.1020 Definitions. quirements for fixed facilities that han-
154.1025 Operating restrictions and interim dle, store, or transport animal fats or
operating authorization. vegetable oils.
154.1026 Qualified individual and alternate 154.1228 Methods of ensuring the avail-
qualified individual. ability of response resources by contract

154.1028 Methods of ensuring the avail- or other approved means.
ability of response resources by contract 154.1240 Specific requirements for animal
or other approved means. fats and vegetable oils facilities that
290
could reasonably be expected to cause 154.2109 Vapor recovery and vapor destruc-
substantial harm to the environment. tion units.
154.2110 Vapor balancing requirements.
Subpart I—Response Plans for Other Non- 154.2111 Vapor control system connected to
Petroleum Oil Facilities a facility’s main vapor control system.
154.2112 Vapors with potential to polym-
154.1310 Purpose and applicability. erize or freeze—Special requirements.
154.1320 Response plan submission require- 154.2113 Alkylene oxides—Special require-
ments. ments.
154.1325 Response plan development and
evaluation criteria for facilities that TRANSFER FACILITIES—OPERATIONS
handle, store, or transport other non-pe- 154.2150 General requirements.
troleum oils.
ALTERNATIVE ANALYZER AND PRESSURE
Subparts J–O [Reserved] SENSOR RELIABILITY TESTING
Subpart P—Marine Vapor Control Systems 154.2180 Alternative testing program—Gen-

erally.
GENERAL 154.2181 Alternative testing program—Test
requirements.
154.2001 Definitions. TANK BARGE CLEANING FACILITIES—VCS
DESIGN AND INSTALLATION
CERTIFYING ENTITIES
154.2200 Applicable transfer facility design
154.2010 Qualifications for acceptance as a
and installation requirements.
certifying entity.
154.2201 Vapor control system—General re-
154.2011 Application for acceptance as a cer-
quirements.
tifying entity.
154.2202 Vapor line connections.
CERTIFICATION, RECERTIFICATION, AND 154.2203 Facility requirements for barge
OPERATIONAL REVIEW vapor overpressure and vacuum protec-
tion.
154.2020 Certification and recertification— 154.2204 Fire, explosion, and detonation pro-
owner/operator responsibilities. tection.
154.2021 Operational review—owner/operator
responsibilities. TANK BARGE CLEANING FACILITIES—
154.2022 Certification, recertification, or OPERATIONS
operational review—certifying entity re-
sponsibilities, generally. 154.2250 General requirements.
154.2023 Recertification—certifying entity APPENDIX A TO PART 154—GUIDELINES FOR
responsibilities, generally. DETONATION FLAME ARRESTERS
154.2024 Operational review—certifying en- APPENDIX B TO PART 154 [RESERVED]
tity responsibilities, generally. APPENDIX C TO PART 154—GUIDELINES FOR
154.2025 Certification, recertification, or DETERMINING AND EVALUATING REQUIRED
operational review—certifying entity RESPONSE RESOURCES FOR FACILITY RE-
documentation. SPONSE PLANS
APPENDIX D TO PART 154—TRAINING ELE-
PERSONNEL MENTS FOR OIL SPILL RESPONSE PLANS
154.2030 Transfer facilities. AUTHORITY: 33 U.S.C. 1225, 1231, 1321(j)(1)(C),
154.2031 Tank barge cleaning facilities. (j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56
TRANSFER FACILITIES—VCS DESIGN AND FR 54757; Department of Homeland Security
INSTALLATION Delegation No. 0170.1. Subpart F is also
issued under 33 U.S.C. 2735. Vapor control re-
154.2100 Vapor control system, general. covery provisions of Subpart P are also
154.2101 Requirements for facility vapor issued under 42 U.S.C. 7511b(f)(2).
connections.
154.2102 Facility requirements for vessel liq-
uid overfill protection. Subpart A—General
154.2103 Facility requirements for vessel
vapor overpressure and vacuum protec- § 154.100 Applicability.
tion. (a) This part applies to each facility
154.2104 Pigging system. that is capable of transferring oil or
154.2105 Fire, explosion, and detonation pro-
hazardous materials, in bulk, to or
tection.
from a vessel, where the vessel has a
154.2106 Detonation arresters installation.

154.2107 Inerting, enriching, and diluting total capacity, from a combination of
systems. all bulk products carried, of 39.75 cubic
154.2108 Vapor-moving devices. meters (250 barrels) or more. This part
291
§ 154.105 33 CFR Ch. I (7–1–20 Edition)
does not apply to the facility when it is (16) Section 154.570 Lighting. Para-
in a caretaker status. This part does graphs (c) and (d).
not apply to any offshore facility oper- (17) Section 154.700 General.
ating under the jurisdiction of the Sec- (18) Section 154.710 Persons in charge:
retary of the Department of Interior. Designation and qualification. Para-
(b) Upon written notice to the facil- graphs (a) through (c), (d)(1) through
ity operator, the COTP may apply, as (3), (d)(7) and (e).
necessary for the safety of the facility, (19) Section 154.730 Persons in charge:
its personnel, or the public, all or por- Evidence of designation.
tions of § 154.735 to each facility that is (20) Section 154.735 Safety require-
capable of transferring oil or hazardous ments. Paragraphs (d), (f), (g), (j)(1)
material, in bulk, only to or from a through (2), (k)(1) through (2), (m), (o)
vessel with a capacity of less than 250 through (q), (r)(1) through (3), (s) and
barrels. If the facility is in caretaker (v).
status, the COTP may not apply the (21) Section 154.740 Records. Para-
provisions of § 154.735 to the facility if graphs (a) through (f) and (j).
its storage tanks and piping are gas (22) Section 154.750 Compliance with
free. Operations Manual.
(c) Upon a determination by the [CGD 86–034, 55 FR 36252, Sept. 4, 1990, as
COTP under § 154.1016 that an MTR fa- amended by CGD 91–036, 58 FR 7352, Feb. 5,
cility, as defined in subpart F, could 1993; CGD 93–056, 61 FR 41457, Aug. 8, 1996]
reasonably be expected to cause sub-
stantial harm to the environment by § 154.105 Definitions.
discharging oil into or on the navigable As used in this part:
waters, adjoining shorelines, or exclu- Barrel means a quantity of liquid
sive economic zone, subpart F of this equal to 42 U.S. gallons.
part is applicable to the facility. Boundary Line means any of the lines
(d) The following sections of this part described in 46 CFR part 7.
apply to mobile facilities: Captain of the Port (COTP) means the
(1) Section 154.105 Definitions. U.S. Coast Guard officer commanding a
(2) Section 154.107 Alternatives. Captain of the Port Zone described in
(3) Section 154.108 Exemptions. part 3 of this chapter, or that person’s
(4) Section 154.110 Letter of Intent. authorized representative.
(5) Section 154.120 Facility examina- Caretaker status denotes a facility
tions. where all piping, hoses, loading arms,
(6) Section 154.300 Operations Man- storage tanks, and related equipment
ual: General. in the marine transfer area are com-
(7) Section 154.310 Operations Man- pletely free of oil or hazardous mate-
ual: Contents. Paragraphs (a)(2), (a)(3), rials, where these components have
(a)(5) through (a)(7), (a)(9), (a)(12), been certified as being gas free, where
(a)(14), (a)(16), (a)(17)(ii) through piping, hoses, and loading arms termi-
(a)(17)(iv), (a)(18), (a)(20) through (23), nating near any body of water have
(c) and (d). been blanked, and where the facility
(8) Section 154.320 Operations Man- operator has notified the COTP that
ual: Amendment. the facility will be in caretaker status.
(9) Section 154.325 Operations Man- Commandant means the Commandant
ual: Procedures for examination. of the Coast Guard or an authorized
(10) Section 154.500 Hose assemblies. representative.
Paragraphs (a), (b), (c), (d)(1) through Contiguous Zone means the entire
(3) and (e)(1) through (3). zone established by the United States
(11) Section 154.520 Closure devices. under Article 24 of the Convention on
(12) Section 154.530 Small discharge the Territorial Sea and the Contiguous
containment. Paragraphs (a)(1) Zone, but not extending beyond 12
through (3) and (d). miles from the baseline from which the
(13) Section 154.545 Discharge con- breadth of the territorial sea is meas-
tainment equipment. ured.
(14) Section 154.550 Emergency shut- District Commander means the officer
down. of the Coast Guard designated by the
(15) Section 154.560 Communications. Commandant to command a Coast
292
Guard District, as described in part 3 of tify operating personnel of a discharge

this chapter or an authorized rep- of oil or hazardous material.
resentative. Officer in Charge, Marine Inspection
Facility means either an onshore or (OCMI) means the U.S. Coast Guard of-
offshore facility, except for an offshore ficer commanding a Marine Inspection
facility operating under the jurisdic- Zone described in part 3 of this chap-
tion of the Secretary of the Depart- ter, or an authorized representative.
ment of Interior, and includes, but is Offshore facility means any facility of
not limited to, structure, equipment, any kind located in, on, or under, any
and appurtenances thereto, used or ca- of the navigable waters of the United
pable of being used to transfer oil or States, and any facility of any kind
hazardous materials to or from a vessel which is subject to the jurisdiction of
or public vessel. Also included are fa- the United States and is located in, on,
cilities that tank clean or strip and or under any other waters, other than
any floating structure that is used to a vessel or a public vessel.
support an integral part of the facili- Oil means oil of any kind or in any
ty’s operation. A facility includes fed- form, including but not limited to, pe-
eral, state, municipal, and private fa- troleum, fuel oil, sludge, oil refuse, and
cilities. oil mixed with wastes other than
Facility operator means the person dredged spoil.
who owns, operates, or is responsible Onshore facility means any facility
for the operation of the facility. (including, but not limited to, motor
Hazardous material means a liquid vehicles and rolling stock) of any kind
material or substance, other than oil located in, on, or under any land with-
or liquefied gases, listed under 46 CFR in the United States other than sub-
153.40 (a), (b), (c), or (e). merged land.
Marine transfer area means that part Person in charge means an individual
of a waterfront facility handling oil or designated as a person in charge of
hazardous materials in bulk between transfer operations under § 154.710 (for
the vessel, or where the vessel moors, facilities) or § 155.700 (for vessels) of
and the first manifold or shutoff valve this chapter.
on the pipeline encountered after the STCW means the International Con-
pipeline enters the secondary contain- vention on Standards of Training, Cer-
ment required under 40 CFR 112.7 or 49 tification, and Watchkeeping for Sea-
CFR 195.264 inland of the terminal farers, 1978.
manifold or loading arm, or, in the ab- Self-propelled tank vessel means a self-
sence of secondary containment, to the propelled tank vessel other than a
valve or manifold adjacent to the bulk tankship.
storage tank, including the entire pier Tank barge means a non-self-pro-
or wharf to which a vessel transferring pelled tank vessel.
oil or hazardous materials is moored. Tankship means a self-propelled tank
MARPOL 73/78 means the Inter- vessel constructed or adapted pri-
national Convention for the Prevention marily to carry oil or hazardous mate-
of Pollution from Ships, 1973 (done at rial in bulk in the cargo spaces.
London, November 2, 1973) as modified Tank vessel means a vessel that is
by the Protocol of 1978 relating to the constructed or adapted to carry, or
International Convention for the Pre- that carries, oil or hazardous material
vention of Pollution from Ships, 1973 in bulk as cargo or cargo residue, and
(done at London, February 17, 1978). that—
Mobile facility means any facility that (a) Is a vessel of the United States;
can readily change location, such as a (b) Operates on the navigable waters
tank truck or tank car, other than a of the United States; or
vessel or public vessel. (c) Transfers oil or hazardous mate-
Monitoring device means any fixed or rial in a port or place subject to the ju-
portable sensing device used to mon- risdiction of the United States.
itor for a discharge of oil or hazardous Transfer means any movement of oil
material onto the water, within or or hazardous material to, from, or
around a facility, and designed to no- within a vessel by means of pumping,
293
§ 154.106 33 CFR Ch. I (7–1–20 Edition)
gravitation, or displacement. A trans- proved for §§ 154.500(d), 154.2100(b),

fer is considered to begin when the per- 154.2101(d), 154.2202(d), and Appendix A,
son in charge on the transferring vessel 7.3 to part 154.
or facility and the person in charge on (2) ANSI B16.24, Bronze Pipe Flanges
the receiving facility or vessel first and Flange Fittings Class 150 and 300,
meet to begin completing the declara- 1979, IBR approved for §§ 154.500(d) and
tion of inspection as required by 154.2100(b).
§ 156.150 of this chapter. A transfer is (3) ANSI B31.3, Chemical Plant and
considered to be complete when all the Petroleum Refinery Piping, 1987 (in-
connections for the transfer have been
cluding B31.3a–1988, B31.3b–1988, and
uncoupled and secured with blanks or
B31.3c–1989 addenda), IBR approved for
other closure devices and both of the
persons in charge have completed the §§ 154.510(a) and 154.2100(b).
declaration of inspection to include the (c) American Petroleum Institute
date and time the transfer was com- (API), 1220 L Street NW., Washington,
plete. DC 20005.
Vessel operator means a person who (1) API Standard 2000, Venting At-
owns, operates, or is responsible for the mospheric and Low-Pressure Storage
operation of a vessel. Tanks (Non-refrigerated and Refrig-
erated), Third Edition, January 1982
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36252, Sept. 4, (reaffirmed December 1987)(‘‘API
1990; CGD 79–116, 60 FR 17141, Apr. 4, 1995; 2000’’), IBR approved for §§ 154.2103(j)
CGD 93–056, 61 FR 41458, Aug. 8, 1996; 62 FR and 154.2203(e), (k), and (l).
3610, Jan. 24, 1997; CGD 79–116, 62 FR 25125, (2) API Recommended Practice 550,
May 8, 1997] Manual on Installation of Refinery In-
§ 154.106 Incorporation by reference. struments and Control Systems, Part
II—Process Stream Analyzers, Section
(a) Certain material is incorporated 1—Oxygen Analyzers, Fourth Edition,
by reference (IBR) into this part with February 1985 (‘‘API 550’’), IBR ap-
the approval of the Director of the Fed-
proved for § 154.2107(f).
eral Register under 5 U.S.C. 552(a) and
(d) American Society of Mechanical
1 CFR part 51. To enforce any edition
other than that specified in this sec- Engineers (ASME), Three Park Avenue,
tion, the Coast Guard must publish a New York, NY 10016.
notice of change in the FEDERAL REG- (1) ASME B16.34 - 2004, Valves—
ISTER and the material must be avail- Flanged, Threaded, and Welding End,
able to the public. All approved mate- issued September 2, 2005, IBR approved
rial is available for inspection at the for § 154.2100(b).
Coast Guard Headquarters. Contact (2) [Reserved]
Commandant (CG–ENG), Attn: Office of (e) ASTM International (ASTM), 100
Design and Engineering Standards, Barr Harbor Drive, West
U.S. Coast Guard Stop 7509, 2703 Martin Conshohocken, PA 19428–2959.
Luther King Jr. Avenue SE., Wash- (1) ASTM F631–93, Standard Guide for
ington, DC 20593–7509, telephone 202– Collecting Skimmer Performance Data
372–1418. You may also contact the Na- in Controlled Environments (‘‘ASTM
tional Archives and Records Adminis- F631’’), IBR approved for Appendix C,
tration (NARA). For information on 6.3 to part 154.
the availability of this material at
(2) ASTM F715–95, Standard Test
NARA, call 202–741–6030 or go to http://
Methods for Coated Fabrics Used for
www.archives.gov/federallregister/
codeloflfederallregulations/ Oil Spill Control and Storage (‘‘ASTM
ibrllocations.html. Also, it is available F715’’), IBR approved for Appendix C,
from the sources indicated in this sec- 2.3.1 to part 154.
tion. (3) ASTM F722–82 (Reapproved 2008),
(b) American National Standards In- Standard Specification for Welded
stitute (ANSI), 25 West 43rd Street, 4th Joints for Shipboard Piping Systems
floor, New York, NY 10036. (‘‘ASTM F722’’), approved November 1,

(1) ANSI B16.5, Steel Pipe Flanges 2008, IBR approved for Appendix A, 8.4,
and Flanged Fittings, 1988, IBR ap- 8.6 to part 154.
294
(4) ASTM F1122–87 (Reapproved 1992), (2) [Reserved]

Standard Specification for Quick Dis- (j) Underwriters Laboratories, Inc.
connect Couplings (‘‘ASTM F1122’’), (UL), 333 Pfingsten Road, Northbrook,
IBR approved for § 154.500(d). IL 60062.
(5) ASTM F1155–98, Standard Practice (1) UL 525 Standard for Flame Arrest-
for Selection and Application of Piping ers, 8th Edition, May 9, 2008, IBR ap-
System Materials (‘‘ASTM F1155’’), proved for §§ 154.2001 and 154.2105(j).
IBR approved for Appendix A, 7.1, 8.4 to (2) [Reserved]
part 154. [USCG–1999–5150, 78 FR 42616, July 16, 2013, as
(6) ASTM F1273–91 (Reapproved 2007) amended by USCG–2014–0410, 79 FR 38436,
Standard Specification for Tank Vent July 7, 2014]
Flame Arresters (‘‘ASTM F1273’’), ap-
proved December 1, 2007, IBR approved § 154.107 Alternatives.
for §§ 154.2001 and 154.2105(j). (a) The COTP may consider and ap-
(f) International Electrotechnical prove alternative procedures, methods,
Commission (IEC), Bureau Central de or equipment standards to be used by a
la Commission Electrotechnique Inter- facility operator in lieu of any require-
nationale, 3, rue de Varembé, P.O. Box ment in this part if:
131, CH—1211 Geneva 20, Switzerland. (1) Compliance with the requirement
(1) IEC 60309–1 Plugs, Socket-Outlets is economically or physically imprac-
and Couplers for Industrial Purposes— tical;
Part 1: General Requirements, Edition (2) The alternative provides an equiv-
4.2 2012–06, IBR approved for alent level of safety and protection
§ 154.2102(b). from pollution by oil or hazardous ma-
(2) IEC 60309–2 Plugs, Socket-Outlets terial, which is documented in the re-
and Couplers for Industrial Purposes— quest; and
Part 2: Dimensional Interchangeability (3) The facility operator submits a
Requirements for Pin and Contact-tube written request for the alternative.
Accessories, Edition 4.2 2012–05, IBR ap- (b) The COTP takes final approval or
proved for § 154.2102(b). disapproval action on the request, sub-
(g) National Electrical Manufactur- mitted in accordance with paragraph
ers Association (NEMA), 1300 North (a) of this section, in writing within 30
17th Street, Suite 1752, Rosslyn, VA days of receipt of the request.
22209. [CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
(1) ANSI NEMA WD–6—Wiring De- amended by CGD 86–034, 55 FR 36252, Sept. 4,
vices, Dimensional Requirements, 1988 1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]
(‘‘NEMA WD–6’’), IBR approved for
§ 154.2102(a). § 154.108 Exemptions.
(2) [Reserved] (a) The Assistant Commandant for
(h) National Fire Protection Associa- Marine Safety, Security and Environ-
tion (NFPA), 1 Batterymarch Park, mental Protection, acting for the Com-
Quincy, MA 02169–7471. mandant, grants an exemption or par-
(1) NFPA 51B, Standard for Fire Pre- tial exemption from compliance with
vention in Use of Cutting and Welding any requirement in this part if:
Processes, 1994, IBR approved for (1) A facility operator submits an ap-
§ 154.735(l). plication for the exemption via the
(2) NFPA 70, National Electrical COTP; and
Code, 1987 (‘‘NFPA 70 (1987)’’), IBR ap- (2) It is determined, from the applica-
proved for § 154.735(q). tion, that:
(3) NFPA 70, National Electrical (i) Compliance with the requirement
Code, 2011 (‘‘NFPA 70 (2011)’’), IBR ap- is economically or physically imprac-
proved for §§ 154.2100(c) and 154.2102(a). tical;
(i) Oil Companies International Ma- (ii) No alternative procedures, meth-
rine Forum (OCIMF), 29 Queen Anne’s ods, or equipment standards exist that
Gate, London, SW1H 9BU, England. would provide an equivalent level of
(1) International Safety Guide for Oil safety and protection from pollution by
Tankers and Terminals, Fifth Ed., 2006 oil or hazardous material; and
(‘‘ISGOTT’’), IBR approved for (iii) The likelihood of oil or haz-
§§ 154.735(s), 154.2101(g), and 154.2203(m). ardous material being discharged is not
295
§ 154.110 33 CFR Ch. I (7–1–20 Edition)
substantially increased as a result of ity at which transfer operations are no

the exemption. longer conducted.
(b) If requested, the applicant must [CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
submit any appropriate information, amended by CGD 86–034, 55 FR 36252, Sept. 4,
including an environmental and eco- 1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]
nomic assessment of the effects of and
reasons for the exemption, and pro- § 154.120 Facility examinations.
posed procedures, methods or equip- (a) The facility operator shall allow
ment standards. the Coast Guard, at any time, to make
(c) The exemption may specify the any examination and shall perform,
procedures, methods, or equipment upon request, any test to determine
standards that will apply. compliance with this part and part 156,
(d) An exemption is granted or denied as applicable. The facility operator
in writing. The decision of the Assist- shall conduct all required testing of fa-
cility equipment in a manner accept-
ant Commandant for Marine Safety,
able to the Coast Guard.
Security and Environmental Protec-
(b) The COTP shall provide the facil-
tion is a final agency action. ity operator with a written report of
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as the results of the examination for the
amended by CGD 88–052, 53 FR 25122, July 1, record required by § 154.740(e) and shall
1988; CGD 86–034, 55 FR 36252, Sept. 4, 1990; 55 list the deficiencies in the report when
FR 49997, Dec. 4, 1990; CGD 96–026, 61 FR the facility is not in compliance with
33666, June 28, 1996; CGD 93–056, 61 FR 41458, the requirements in this part and part
Aug. 8, 1996; CGD 97–023, 62 FR 33364, June 19, 156 of this chapter.
1997; USCG–2002–12471, 67 FR 41333, June 18,
2002] [CGD 75–124, 45 FR 7169, Jan. 31, 1980]
§ 154.110 Letter of intent. Subpart B—Operations Manual

(a) The facility operator of any facil-
§ 154.300 Operations manual: General.
ity to which this part applies must sub-
mit a letter of intent to operate a facil- (a) The facility operator of each fa-
ity or to conduct mobile facility oper- cility to which this part applies shall
ations to the COTP not less than 60 submit, with the letter of intent, two
days before the intended operations un- copies of an Operations Manual that:
(1) Describes how the applicant meets
less a shorter period is allowed by the
the operating rules and equipment re-
COTP. Previously submitted letters of
quirements prescribed by this part and
intent need not be resubmitted.
part 156 of this chapter;
(b) The letter of intent required by (2) Describes the responsibilities of
paragraph (a) of this section may be in personnel under this part and part 156
any form but must contain: of this chapter in conducting transfer
(1) The names, addresses, and tele- operations; and
phone numbers of the facility operator (3) Includes translations into a lan-
and the facility owner; guage or languages understood by all
(2) The name, address, and telephone designated persons in charge of trans-
number of the facility or, in the case of fer operations employed by the facil-
a mobile facility, the dispatching of- ity.
fice; and (b) The facility operator shall main-
(3) Except for a mobile facility, the tain the operations manual so that it
geographical location of the facility in is:
relation to the associated body of navi- (1) Current; and
gable waters. (2) Readily available for examination
by the COTP.
(c) The facility operator of any facil-
(c) The COTP shall examine the Oper-
ity for which a letter of intent has been
ations Manual when submitted, after
submitted, shall within five (5) days ad-
any substantial amendment, and as
vise the COTP in writing of any otherwise required by the COTP.

changes of information and shall can- (d) In determining whether the man-
cel, in writing, the letter for any facil- ual meets the requirements of this part
296
and part 156 of this chapter the COTP MARPOL 73/78, Table 30.25–1 of 46 CFR
shall consider the size, complexity, and 30.25–1, Table 151.05 of 46 CFR 151.05–1,
capability of the facility. or Table 1 of 46 CFR part 153.
(e) If the manual meets the require- (b) A description of the appearance of
ments of this part and part 156 of this the cargo;
chapter, the COTP will return one copy (c) A description of the odor of the
of the manual marked ‘‘Examined by cargo;
the Coast Guard’’ as described in (d) The hazards involved in handling
§ 154.325. the cargo;
(f) The facility operator shall ensure (e) Instructions for safe handling of
that a sufficient number of copies of the cargo;
the examined Operations Manual, in-
(f) The procedures to be followed if
cluding a sufficient number of the
the cargo spills or leaks, or if a person
translations required by paragraph
is exposed to the cargo; and
(a)(3) of this section, are readily avail-
able for each facility person in charge (g) A list of fire fighting procedures
while conducting a transfer operation. and extinguishing agents effective with
fires involving the cargo.
NOTE: The facility operator may request (6) The minimum number of persons
that the contents of the operations manual on duty during transfer operations and
or portions thereof be considered commercial
or financial information that is privileged or
their duties;
confidential. Under the Freedom of Informa- (7) The name and telephone number
tion Act, the Coast Guard would withhold of the qualified individual identified
any part of the contents of the operations under § 154.1026 of this part and the
manual from public disclosure upon deter- title and/or position and telephone
mining that it is commercial or financial in- number of the Coast Guard, State,
formation that is privileged or confidential. local, and other personnel who may be
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as called by the employees of the facility
amended by CGD 86–034, 55 FR 36253, Sept. 4, in an emergency;
1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996] (8) The duties of watchmen, required
§ 154.310 Operations manual: Contents. by § 155.810 of this chapter and 46 CFR
35.05–15, for unmanned vessels moored
(a) Each operations manual required at the facility;
by § 154.300 must contain: (9) A description of each communica-
(1) The geographic location of the fa- tion system required by this part;
cility;
(10) The location and facilities of
(2) A physical description of the facil-
each personnel shelter, if any;
ity including a plan and/or plans, maps,
drawings, aerial photographs or dia- (11) A description and instructions
grams, showing the boundaries of the for the use of drip and discharge collec-
facility subject to Coast Guard juris- tion and vessel slop reception facili-
diction, mooring areas, transfer loca- ties, if any;
tions, control stations, wharfs, the ex- (12) A description and the location of
tent and scope of the piping subject to each emergency shutdown system;
the tests required by § 156.170(c)(4) of (13) Quantity, types, locations, and
this chapter, and the locations of safe- instructions for use of monitoring de-
ty equipment. For mobile facilities, a vices if required by § 154.525;
physical description of the facility; (14) Quantity, type, location, instruc-
(3) The hours of operation of the fa- tions for use, and time limits for gain-
cility; ing access to the containment equip-
(4) The sizes, types, and number of ment required by § 154.545;
vessels that the facility can transfer (15) Quantity, type, location, and in-
oil or hazardous material to or from si- structions for use of fire extinguishing
multaneously; equipment required by § 154.735(d) of
(5) For each product transferred at this part;
the facility: (16) The maximum allowable working
(i) Generic or chemical name; and pressure (MAWP) of each loading arm,
(ii) The following cargo information: transfer pipe system, and hose assem-
(a) The name of the cargo as listed bly required to be tested by § 156.170 of
under appendix II of annex II of this chapter, including the maximum
297
§ 154.310 33 CFR Ch. I (7–1–20 Edition)
relief valve setting (or maximum sys- (3) The VCS description required by
tem pressure when relief valves are not paragraph (b)(1) of this section must
provided) for each transfer system; describe the design and operation of
(17) Procedures for: its—
(i) Operating each loading arm in- (i) Vapor line connection;
cluding the limitations of each loading (ii) Startup and shutdown proce-
arm; dures;
(ii) Transferring oil or hazardous ma- (iii) Steady-state operating proce-
terial; dures;
(iii) Completion of pumping; and (iv) Provisions for dealing with
(iv) Emergencies; pyrophoric sulfide (for facilities which
(18) Procedures for reporting and ini- handle inerted vapors of cargoes con-
tial containment of oil or hazardous taining sulfur);
material discharges; (v) Alarms and shutdown devices; and
(19) A brief summary of applicable (vi) Pre-transfer equipment inspec-
Federal, state, and local oil or haz- tion requirements.
ardous material pollution laws and reg- (4) The VCS description required by
ulations; paragraph (b)(1) of this section must
(20) Procedures for shielding portable include all test procedures and a
lighting authorized by the COTP under checklist for use during the testing of
§ 154.570(c); and the VCS required by 33 CFR 156.170(g).
(21) A description of the training and The test procedures must specify—
qualification program for persons in (i) All tests required for initial cer-
charge. tification under 33 CFR 154.2022(d);
(22) Statements explaining that each
(ii) All components that are to be
hazardous materials transfer hose is
tested; and
marked with either the name of each
(iii) Procedures for testing each com-
product which may be transferred
ponent.
through the hose or with letters, num-
bers, symbols, color codes or other sys- (5) The VCS description required by
tem acceptable to the COTP rep- paragraph (b)(1) of this section must
resenting all such products and the lo- include—
cation in the Operations Manual where (i) A list of all cargoes the VCS is ap-
a chart or list of symbols utilized is lo- proved to control; and
cated and a list of the compatible prod- (ii) Copies of any Coast Guard letters
ucts which may be transferred through exempting the VCS from regulatory re-
the hose can be found for consultation quirements.
before each transfer; and (6) The VCS description required by
(23) For facilities that conduct tank paragraph (b)(1) of this section must
cleaning or stripping operations, a de- include detailed operating instructions
scription of their procedures. for a cargo line clearance system as de-
(b)(1) The operations manual must scribed in 33 CFR 154.2104, if such a sys-
contain a description of the facility’s tem is used by a facility;
vapor control system (VCS), if the fa- (7) The VCS description required by
cility— paragraph (b)(1) of this section must
(i) Collects vapor emitted from vessel include the following for a tank barge
cargo tanks for recovery, destruction, cleaning facility:
or dispersion; or (i) A physical description of the facil-
(ii) Balances or transfers vapor to or ity and facility plan showing mooring
from vessel cargo tanks. areas, locations where cleaning oper-
(2) The VCS description required by ations are conducted, control stations,
paragraph (b)(1) of this section must and locations of safety equipment;
include a line diagram or simplified (ii) The sizes, types, and number of
piping and instrumentation diagram tank barges from which the facility
(P&ID) of the facility’s VCS piping, in- can conduct cleaning operations simul-
cluding the location of each valve, con- taneously; and
trol device, pressure-vacuum relief (iii) The minimum number of persons

valve, pressure indicator, flame ar- required to be on duty during cleaning
rester, and detonation arrester; operations and the duties of each.
298
(c) The facility operator shall incor- that makes the procedure in paragraph
porate a copy of each amendment to (a)(1) of this section impractical or
the operations manual under § 154.320 in contrary to the public interest, the
each copy of the manual with the re- COTP may issue an amendment effec-
lated existing requirement, or add the tive on the date the facility operator
amendment at the end of each manual receives notice of it. In such a case, the
if not related to an existing require- COTP shall include a brief statement of
ment. the reasons for the findings in the no-
(d) The operations manual must be tice. The owner or operator may peti-
written in the order specified in para- tion the Commandant to review the
graph (a) of this section, or contain a amendment, but the petition does not
cross-referenced index page in that delay the amendment.
order. (b) The facility operator may propose
(Approved by the Office of Management and amendments to the operations manual
Budget under control number 1625–0093) by:
[CGD 75–124, 45 FR 7171, Jan. 31, 1980, as (1) Submitting any proposed amend-
amended by CGD 88–102, 55 FR 25428, June 21, ment and reasons for the amendment
1990; CGD 86–034, 55 FR 36253, Sept. 4, 1990; to the COTP not less than 30 days be-
CGD 92–027, 58 FR 39662, July 26, 1993; CGD fore the requested effective date of the
93–056, 61 FR 41459, Aug. 8, 1996; USCG–2006– proposed amendment; or
25150, 71 FR 39209, July 12, 2006; USCG–1999–
5150, 78 FR 42617, July 16, 2013]
(2) If an immediate amendment is
needed, requesting the COTP to ap-
§ 154.320 Operations manual: Amend- prove the amendment immediately.
ment. (c) The COTP shall respond to pro-
(a) Using the following procedures, posed amendments submitted under
the COTP may require the facility op- paragraph (b) of this section by:
erator to amend the operations manual (1) Approving or disapproving the
if the COTP finds that the operations proposed amendments;
manual does not meet the require- (2) Advising the facility operator
ments in this part: whether the request is approved, in
(1) The COTP will notify the facility writing, before the requested date of
operator in writing of any inadequacies the amendments;
in the Operations Manual. The facility (3) Including any reasons in the writ-
operator may submit written informa- ten response if the request is dis-
tion, views, and arguments regarding approved; and
the inadequacies identified, and pro- (4) If the request is made under para-
posals for amending the Manual, with- graph (b)(2) of this section immediately
in 45 days from the date of the COTP approving or rejecting the request.
notice. After considering all relevant (d) Amendments to personnel and
material presented, the COTP shall no- telephone number lists required by
tify the facility operator of any amend- § 154.310(a)(7) of this part do not require
ment required or adopted, or the COTP examination by the COTP, but the
shall rescind the notice. The amend- COTP must be advised of such amend-
ment becomes effective 60 days after ments as they occur.
the facility operator receives the no-
tice, unless the facility operator peti- [CGD 75–124, 45 FR 7171, Jan. 31, 1980, as
tions the Commandant to review the amended by CGD 86–034, 55 FR 36253, Sept. 4,
COTP’s notice, in which case its effec- 1990; CGD 93–056, 61 FR 41459, Aug. 8, 1996]
tive date is delayed pending a decision
§ 154.325 Operations manual: Proce-
by the Commandant. Petitions to the dures for examination.
Commandant must be submitted in
writing via the COTP who issued the (a) The operator of a facility shall
requirement to amend the Operations submit two copies of the Operations
Manual. Manual to the Captain of the Port of
(2) If the COTP finds that there is a the zone in which the facility is lo-
condition requiring immediate action cated.

to prevent the discharge or risk of dis- (b) Not less than 60 days prior to any
charge of oil or hazardous material transfer operation, the operator of a
299
§ 154.500 33 CFR Ch. I (7–1–20 Edition)
new facility shall submit, with the let- system, at the point where the hose is
ter of intent, two copies of the Oper- installed.
ations Manual to the Captain of the (b) The maximum allowable working
Port of the zone in which the facility is pressure (MAWP) for each hose assem-
located. bly must be more than the sum of the
(c) After a facility is removed from pressure of the relief valve setting (or
caretaker status, not less than 30 days the maximum pump pressure when no
prior to any transfer operation the op- relief valve is installed) plus the static
erator of that facility shall submit two head pressure of the transfer system,
copies of the Operations Manual to the at the point where the hose is in-
COTP of the zone in which the facility stalled.
is located unless the manual has been (c) Each nonmetallic hose must be
previously examined and no changes usable for oil or hazardous material
have been made since the examination. service.
(d) If the COTP finds that the Oper- (d) Each hose assembly must either
ations Manual meets the requirements have—
of this part and part 156 of this chapter, (1) Full threaded connections;
the COTP will return one copy of the (2) Flanges that meet ANSI B16.5 or
manual to the operator marked ‘‘Ex- ANSI B16.24 (both incorporated by ref-
amined by the Coast Guard’’. erence, see 33 CFR 154.106); or
(e) If the COTP finds that the Oper- (3) Quick-disconnect couplings that
ations Manual does not meet the re- meet ASTM F1122 (incorporated by ref-
quirements of this part and/or part 156 erence, see 33 CFR 154.106).
of this chapter, the COTP will return (e) Each hose must be marked with
the manuals with an explanation of one of the following:
why it does not meet the requirements
(1) The name of each product for
of this chapter.
which the hose may be used; or
(f) No person may use any Operations
Manual for transfer operations as re- (2) For oil products, the words ‘‘OIL
quired by this chapter unless the Oper- SERVICE’’; or
ations Manual has been examined by (3) For hazardous materials, the
the COTP. words ‘‘HAZMAT SERVICE—SEE
(g) The Operations Manual is voided LIST’’ followed immediately by a let-
if the facility operator— ter, number or other symbol that cor-
(1) Amends the Operations Manual responds to a list or chart contained in
without following the procedures in the facility’s operations manual or the
§ 154.320 of this part; vessel’s transfer procedure documents
(2) Fails to amend the Operations which identifies the products that may
Manual when required by the COTP; or be transferred through a hose bearing
(3) Notifies the COTP in writing that that symbol.
the facility will be placed in caretaker (f) Each hose also must be marked
status. with the following, except that the in-
formation required by paragraphs (f)(2)
[CGD 93–056, 61 FR 41459, Aug. 8, 1996] and (3) of this section need not be
marked on the hose if it is recorded in
Subpart C—Equipment the hose records of the vessel or facil-
Requirements ity, and the hose is marked to identify
it with that information:
§ 154.500 Hose assemblies. (1) Maximum allowable working pres-
Each hose assembly used for transfer- sure;
ring oil or hazardous material must (2) Date of manufacture; and
meet the following requirements: (3) Date of the latest test required by
(a) The minimum design burst pres- 33 CFR 156.170.
sure for each hose assembly must be at (g) The hose burst pressure and the
least four times the sum of the pres- pressure used for the test required by
sure of the relief valve setting (or four 33 CFR 156.170 must not be marked on
times the maximum pump pressure the hose and must be recorded else-
when no relief valve is installed) plus where at the facility as described in
the static head pressure of the transfer paragraph (f) of this section.
300
(h) Each hose used to transfer fuel to § 154.525 Monitoring devices.

a vessel that has a fill pipe for which The COTP may require the facility to
containment cannot practically be pro- install monitoring devices if the instal-
vided must be equipped with an auto- lation of monitoring devices at the fa-
matic back pressure shutoff nozzle. cility would significantly limit the size
[USCG–1999–5150, 78 FR 42617, July 16, 2013] of a discharge of oil or hazardous mate-
rial and either:
§ 154.510 Loading arms. (a) The environmental sensitivity of
the area requires added protection;
(a) Each mechanical loading arm
(b) The products transferred at the
used for transferring oil or hazardous
facility pose a significant threat to the
material and placed into service after environment; or
June 30, 1973, must meet the design, (c) The size or complexity of the
fabrication, material, inspection, and transfer operation poses a significant
testing requirements in ANSI B31.3 (in- potential for a discharge of oil or haz-
corporated by reference; see § 154.106). ardous material.
(b) The manufacturer’s certification
[CGD 75–124, 45 FR 7172, Jan. 31, 1980, as
that the standard in paragraph (a) of
this section has been met must be per- 1990]
manently marked on the loading arm
or recorded elsewhere at the facility § 154.530 Small discharge containment.
with the loading arm marked to iden- (a) Except as provided in paragraphs
tify it with that information. (c), (d), and (e) of this section, each fa-
(c) Each mechanical loading arm cility to which this part applies must
used for transferring oil or hazardous have fixed catchments, curbing, or
material must have a means of being other fixed means to contain oil or haz-
drained or closed before being discon- ardous material discharged in at
nected after transfer operations are least—
completed. (1) Each hose handling and loading
arm area (that area on the facility that
[CGD 75–124, 45 FR 7172, Jan. 31, 1980, as
is within the area traversed by the free
1990; USCG–2001–8661, 74 FR 45022, Aug. 31,
end of the hose or loading arm when
2009] moved from its normal stowed or idle
position into a position for connec-
§ 154.520 Closure devices. tion);
(2) Each hose connection manifold
(a) Except as provided in paragraph area; and
(b) of this section, each facility to (3) Under each hose connection that
which this part applies must have will be coupled or uncoupled as part of
enough butterfly valves, wafer-type re- the transfer operation during coupling,
silient seated valves, blank flanges, or uncoupling, and transfer.
other means acceptable to the COTP to (b) The discharge containment means
blank off the ends of each hose or load- required by paragraph (a) of this sec-
ing arm that is not connected for the tion must have a capacity of at least:
transfer of oil or hazardous material. (1) Two barrels if it serves one or
Such hoses and/or loading arms must more hoses of 6-inch inside diameter or
be blanked off during the transfer of oil smaller, or loading arms of 6-inch
or hazardous material. A suitable ma- nominal pipe size diameter or smaller;
terial in the joints and couplings shall (2) Three barrels if it serves one or
be installed on each end of the hose as- more hoses with an inside diameter of
sembly or loading arm not being used more than 6-inches, but less than 12
for transfer to ensure a leak-free seal. inches, or loading arms with a nominal
(b) A new, unused hose, and a hose pipe size diameter of more than 6
that has been cleaned and is gas free, is inches, but less than 12 inches; or
(3) Four barrels if it serves one or
exempt from the requirements of para-

more hoses of 12-inch inside diameter
graph (a) of this section.
or larger, or loading arms of 12-inch
[CGD 93–056, 61 FR 41459, Aug. 8, 1996] nominal pipe size diameter or larger.
301
§ 154.540 33 CFR Ch. I (7–1–20 Edition)
(c) The facility may use portable ation with containment material be-
means of not less than 1⁄2 barrel capac- fore commencing a transfer operation
ity each to meet the requirements of if—
paragraph (a) of this section for part or (1) The environmental sensitivity of
all of the facility if the COTP finds the area requires the added protection;
that fixed means to contain oil or haz- (2) The products transferred at the
ardous material discharges are not fea- facility pose a significant threat to the
sible. environment;
(d) A mobile facility may have port- (3) The past record of discharges at
able means of not less than five gallons the facility is poor; or
capacity to meet the requirements of (4) The size or complexity of the
paragraph (a) of this section. transfer operation poses a significant
(e) Fixed or portable containment potential for a discharge of oil or haz-
may be used to meet the requirements ardous material; and
of paragraph (a)(3) of this section. (5) The use of vessel containment
[CGD 75–124, 45 FR 7172, Jan. 31, 1980, as provides the only practical means to
amended by CGD 86–034, 55 FR 36253, Sept. 4, reduce the extent of environmental
1990; CGD 93–056, 61 FR 41460, Aug. 8, 1996] damage.
(e) Equipment and procedures main-
§ 154.540 Discharge removal. tained to satisfy the provisions of this
Each facility to which this part ap- chapter may be utilized in the planning
plies must have a means to safely re- requirements of subpart F and subpart
move discharged oil or hazardous mate- H of this part.
rial, within one hour of completion of [CGD 75–124, 45 FR 7172, Jan. 31, 1980, as
the transfer, from the containment re- amended by CGD 86–034, 55 FR 36253, Sept. 4,
quired by § 154.530 of this part without 1990; CGD 93–056, 61 FR 41460, Aug. 8, 1996;
discharging the oil or hazardous mate- USCG–1999–5149, 65 FR 40825, June 30, 2000]
rial into the water.
§ 154.550 Emergency shutdown.
[CGD 93–056, 61 FR 41460, Aug. 8, 1996]
(a) The facility must have an emer-
§ 154.545 Discharge containment gency means to enable the person in
equipment. charge of the transfer on board the ves-
(a) Each facility must have ready ac- sel, at that person’s usual operating
cess to enough containment material station, to stop the flow of oil or haz-
and equipment to contain any oil or ardous material from the facility to
hazardous material discharged on the the vessel. The means must be—
water from operations at that facility. (1) An electrical, pneumatic, or me-
(b) For the purpose of this section, chanical linkage to the facility; or
‘‘access’’ may be by direct ownership, (2) An electronic voice communica-
joint ownership, cooperative venture, tions system continuously operated by
or contractual agreement. a person on the facility who can stop
(c) Each facility must establish time the flow of oil or hazardous material
limits, subject to approval by the immediately.
COTP, for deployment of the contain- (b) The point in the transfer system
ment material and equipment required at which the emergency means stops
by paragraph (a) of this section consid- the flow of oil or hazardous material on
ering: the facility must be located near the
(1) Oil or hazardous material han- dock manifold connection to minimize
dling rates; the loss of oil or hazardous material in
(2) Oil or hazardous material capac- the event of the rupture or failure of
ity susceptible to being spilled; the hose, loading arm, or manifold
(3) Frequency of facility operations; valve.
(4) Tidal and current conditions; (c) For oil transfers, the means used
(5) Facility age and configuration; to stop the flow under paragraph (a) of
and this section must stop that flow with-
(6) Past record of discharges. in—
(d) The COTP may require a facility (1) 60 seconds on any facility or por-
to surround each vessel conducting an tion of a facility that first transferred
oil or hazardous material transfer oper- oil on or before November 1, 1980; and
302
(2) 30 seconds on any facility that § 154.570 Lighting.

first transfers oil after November 1,
(a) Except as provided in paragraph
1980.
(c) of this section, for operations be-
(d) For hazardous material transfers, tween sunset and sunrise, a facility
the means used to stop the flow under must have fixed lighting that ade-
paragraph (a) of this section must stop quately illuminates:
that flow within— (1) Each transfer connection point on
(1) 60 seconds on any facility or por- the facility;
tion of a facility that first transferred (2) Each transfer connection point in
hazardous material before October 4, use on any barge moored at the facility
1990; and to or from which oil or hazardous ma-
(2) 30 seconds on any facility that terial is being transferred;
first transfers hazardous material on or (3) Each transfer operations work
after October 4, 1990. area on the facility; and
[CGD 86–034, 55 FR 36253, Sept. 4, 1990] (4) Each transfer operation work area
on any barge moored at the facility to
§ 154.560 Communications. or from which oil or hazardous mate-
rial is being transferred.
(a) Each facility must have a means (b) Where the illumination is appar-
that enables continuous two-way voice ently inadequate, the COTP may re-
communication between the person in quire verification by instrument of the
charge of the vessel transfer operation levels of illumination. On a horizontal
and the person in charge of the facility plane 3 feet above the barge deck or
transfer operation. walking surface, illumination must
(b) Each facility must have a means, measure at least:
which may be the communications sys- (1) 5.0 foot candles at transfer con-
tem itself, that enables a person on nection points; and
board a vessel or on the facility to ef- (2) 1.0 foot candle in transfer oper-
fectively indicate the desire to use the ations work areas.
means of communication required by (c) For small or remote facilities, the
paragraph (a) of this section. COTP may authorize operations with
(c) The means required by paragraph an adequate level of illumination pro-
(a) of this section must be usable and vided by the vessel or by portable
effective in all phases of the transfer means.
operation and all conditions of weather (d) Lighting must be located or
at the facility. shielded so as not to mislead or other-
(d) A facility may use the system in wise interfere with navigation on the
§ 154.550(a)(2) to meet the requirement adjacent waterways.
of paragraph (a) of this section.
[CGD 75–124, 45 FR 7172, Jan. 31, 1980, as
(e) Portable radio devices used to
comply with paragraph (a) of this sec- 1990]
tion during the transfer of flammable
or combustible liquids must be marked
as intrinsically safe by the manufac- Subpart D—Facility Operations
turer of the device and certified as in- § 154.700 General.
trinsically safe by a national testing
laboratory or other certification orga- No person may operate a facility un-
nization approved by the Commandant less the equipment, personnel, and op-
as defined in 46 CFR 111.105–11. As an erating procedures of that facility
alternative to the marking require- meet the requirements of this part.
ment, facility operators may maintain [CGD 75–124, 45 FR 7173, Jan. 31, 1980]
documentation at the facility certi-
fying that the portable radio devices in § 154.710 Persons in charge: Designa-
use at the facility are in compliance tion and qualification.
with this section. No person may serve, and the facility
[CGD 75–124, 45 FR 7172, Jan. 31, 1980; 45 FR operator may not use the services of a
43705, June 30, 1980, as amended by CGD 93– person, as person in charge of facility
056, 61 FR 41460, Aug. 8, 1996] transfer operations unless:
303
§ 154.730 33 CFR Ch. I (7–1–20 Edition)
(a) The facility operator has des- as long as the training addresses the
ignated that person as a person in requirements in paragraphs (c) and (d)
charge; of this section.
(b) The person has had at least 48 (Sec. 311(j)(1)(C) of the Federal Water Pollu-
hours of experience in transfer oper- tion Control Act (86 Stat. 816, 868); 33 U.S.C.
ations at a facility in operations to 1161(j)(1)(C); E.O. 11548, 3 CFR, 1966–1970
which this part applies. The person Comp., p. 949; 49 CFR 1.46(m))
also has enough experience at the facil- [CGD 71–160R, 37 FR 28253, Dec. 21, 1972, as
ity for which qualification is desired to amended by CGD 86–034, 55 FR 36253, Sept. 4,
enable the facility operator to deter- 1990; CGD 93–056, 61 FR 41460, Aug. 8, 1996]
mine that the person’s experience is
adequate; § 154.730 Persons in charge: Evidence
(c) The person has completed a train- of designation.
ing and qualification program estab- Each person in charge shall carry
lished by the facility operator and de- evidence of his designation as a person
scribed in the Operations Manual in ac- in charge when he is engaged in trans-
cordance with § 154.310(a)(21), that pro- fer operations unless such evidence is
vides the person with the knowledge immediately available at the facility.
and training necessary to properly op- (Sec. 311(j)(1)(C) of the Federal Water Pollu-
erate the transfer equipment at the fa- tion Control Act (86 Stat. 816, 868); 33 U.S.C.
cility, perform the duties described in 1161(j)(1)(C); E.O. 11548, 3 CFR, 1966–1970
paragraph (d) of this section, follow the Comp., p. 949; 49 CFR 1.46(m))
procedures required by this part, and [CGD 71–160R, 37 FR 28253, Dec. 21, 1972]
fulfill the duties required of a person in
charge during an emergency, except § 154.735 Safety requirements.
that the COTP may approve alter- Each operator of a facility to which
native experience and training require- this part applies shall ensure that the
ments for new facilities; and following safety requirements are met
(d) The facility operator must certify at the facility:
that each person in charge has the (a) Access to the facility by fire-
knowledge of, and skills necessary to— fighting personnel, fire trucks, or other
(1) The hazards of each product to be emergency personnel is not impeded.
transferred; (b) Materials which are classified as
(2) The rules in this part and in part hazardous under 49 CFR parts 170
156 of this chapter; through 179 are kept only in the quan-
(3) The facility operating procedures tities needed for the operation or main-
as described in the operations manual; tenance of the facility and are stored
(4) Vessel transfer systems, in gen- in storage compartments.
eral; (c) Gasoline or other fuel is not
(5) Vessel transfer control systems, stored on a pier, wharf, or other simi-
in general; lar structure.
(6) Each facility transfer control sys- (d) A sufficient number of fire extin-
tem to be used; guishers approved by an independent
(7) Follow local discharge reporting laboratory listed in 46 CFR 162.028–5 for
procedures; and fighting small, localized fires are in
(8) Carry out the facility’s response place throughout the facility and
plan for discharge reporting and con- maintained in a ready condition.
tainment. (e) The location of each hydrant,
(e) Training conducted to comply standpipe, hose station, fire extin-
with the hazard communication pro- guisher, and fire alarm box is conspicu-
grams required by the Occupational ously marked and readily accessible.
Safety and Health Administration (f) Each piece of protective equip-
(OSHA) of the Department of Labor ment is ready to operate.
(DOL) (29 CFR 1910.1200) or the Envi- (g) Signs indicating that smoking is
ronmental Protection Agency (EPA) prohibited are posted in areas where
(40 CFR 311.1), or to meet the require- smoking is not permitted.
ments of subpart F of this part may be (h) Trucks and other motor vehicles
used to satisfy the requirements in are operated or parked only in des-
paragraphs (c) and (d) of this section, ignated locations.
304
(i) All rubbish is kept in receptacles. (7) All local laws and ordinances shall
(j) All equipment with internal com- be observed;
bustion engines used on the facility— (8) In case of fire or other hazard, all
(1) Does not constitute a fire hazard; cutting, welding or other hot work
and equipment shall be completely secured.
(2) Has a fire extinguisher attached (m) Heating equipment has sufficient
that is approved by an independent lab- clearance to prevent unsafe heating of
oratory listed in 46 CFR 162.028–5, un- nearby combustible material.
less such a fire extinguisher is readily (n) Automotive equipment having an
accessible nearby on the facility. internal combustion engine is not refu-
(k) Spark arresters are provided on eled on a pier, wharf, or other similar
chimneys or appliances which— structure.
(1) Use solid fuel; or (o) There are no open fires or open
(2) Are located where sparks con- flame lamps.
stitute a hazard to nearby combustible (p) Electric wiring and equipment is
material. maintained in a safe condition so as to
(l) All welding or hot work conducted prevent fires.
on or at the facility is the responsi- (q) Electrical wiring and electrical
bility of the facility operator. The equipment installed after October 4,
COTP may require that the operator of 1990, meet NFPA 70 (1987) (incorporated
the facility notify the COTP before any by reference, see 33 CFR 154.106).
welding or hot work operations are (r) Electrical equipment, fittings,
conducted. Any welding or hot work and devices installed after October 4,
operations conducted on or at the facil- 1990, show approval for that use by—
ity must be conducted in accordance (1) Underwriters Laboratories;
with NFPA 51B (incorporated by ref- (2) Factory Mutual Research Cor-
erence; see § 154.106). The facility oper- poration; or
ator shall ensure that the following ad- (3) Canadian Standards Association.
ditional conditions or criteria are met: (s) Tank-cleaning or gas-freeing oper-
(1) Welding or hot work is prohibited ations conducted by the facility on ves-
during gas freeing operations, within sels carrying oil residues or mixtures
30.5 meters (100 feet) of bulk cargo op- must be conducted in accordance with
erations involving flammable or com- sections 11.3 and 11.4 of OCIMF ISGOTT
bustible materials, within 30.5 meters (incorporated by reference, see 33 CFR
(100 feet) of fueling operations, or with- 154.106), except that—
in 30.5 meters (100 feet) of explosives or (1) Prohibitions in ISGOTT against
15.25 meters (50 feet) of other hazardous the use of recirculated wash water do
materials. not apply if the wash water is first
(2) If the welding or hot work is on processed to remove product residues;
the boundary of a compartment (i.e., (2) The provisions in ISGOTT section
bulkhead, wall or deck) an additional 11.3.6.10 that removal of sludge, scale,
fire watch shall be stationed in the ad- and sediment do not apply if personnel
joining compartment. use breathing apparatuses which pro-
(3) Personnel on fire watch shall have tect them from the tank atmosphere;
no other duties except to watch for the and
presence of fire and to prevent the de- (3) Upon the request of the facility
velopment of hazardous conditions. owner or operator in accordance with
(4) Flammable vapors, liquids or sol- 33 CFR 154.107, the COTP may approve
ids must first be completely removed the use of alternate standards to
from any container, pipe or transfer ISGOTT if the COTP determines that
line subject to welding or hot work. the alternative standards provide an
(5) Tanks used for storage of flam- equal level of protection to the
mable or combustible substances must ISGOTT standards.
be tested and certified gas free prior to (t) Guards are stationed, or equiva-
starting hot work. lent controls acceptable to the COTP
(6) Proper safety precautions in rela- are used to detect fires, report emer-
tion to purging, inserting, or venting gency conditions, and ensure that ac-
shall be followed for hot work on con- cess to the marine transfer area is lim-
tainers; ited to—
305
§ 154.740 33 CFR Ch. I (7–1–20 Edition)
(1) Personnel who work at the facil- (f) The Declaration of Inspection re-
ity including persons assigned for quired by § 156.150(f) of this chapter;
transfer operations, vessel personnel, (g) A record of all repairs made with-
and delivery and service personnel in in the last three years involving any
the course of their business; component of the facility’s vapor con-
(2) Coast Guard personnel; trol system required by subpart P of
(3) Other Federal, State, or local gov- this part;
ernmental officials; and (h) A record of all automatic shut
(4) Other persons authorized by the downs of the facility’s vapor control
operator. system within the last 3 years; and
(u) Smoking shall be prohibited at (i) Plans, calculations, and specifica-
the facility except that facility owners tions of the facility’s vapor control
or operators may authorize smoking in system certified under 33 CFR 154.2020
designated areas if— through 154.2025.
(1) Smoking areas are designated in (j) If they are not marked as such,
accordance with local ordinances and documentation that the portable radio
regulations; devices in use at the facility under
(2) Signs are conspicuously posted § 154.560 of this part are intrinsically
marking such authorized smoking safe.
areas; and
(3) ‘‘No Smoking’’ signs are conspicu- (Approved by the Office of Management and
ously posted elsewhere on the facility. Budget under control number 1625–0060)
(v) Warning signs shall be displayed [CGD 75–124, 45 FR 7173, Jan. 31, 1980, as
on the facility at each shoreside entry amended by CGD 88–102, 55 FR 25429, June 21,
to the dock or berth, without obstruc- 1990; CGD 86–034, 55 FR 36254, Sept. 4, 1990;
tion, at all times for fixed facilities CGD 93–056, 61 FR 41461, Aug. 8, 1996; USCG–
and for mobile facilities during cou- 2006–25150, 71 FR 39209, July 12, 2006; USCG–
1999–5150, 78 FR 42618, July 16, 2013]
pling, transfer operation, and uncou-
pling. The warning signs shall conform § 154.750 Compliance with operations
to 46 CFR 151.45–2(e)(1) or 46 CFR manual.
153.955.
The facility operator shall require fa-
[CGD 86–034, 55 FR 36253, Sept. 4, 1990, as cility personnel to use the procedures
amended by CGD 93–056, 61 FR 41460, Aug. 8, in the operations manual prescribed by
1996; USCG–2001–8661, 74 FR 45022, Aug. 31, § 154.300 for operations under this part.
2009; USCG–1999–5150, 78 FR 42618, July 16,
2013] [CGD 75–124, 45 FR 7174, Jan. 31, 1980]
§ 154.740 Records.
Subpart E [Reserved]
Each facility operator shall maintain
at the facility and make available for
examination by the COTP:
Subpart F—Response Plans for Oil
(a) A copy of the letter of intent for Facilities
the facility;
(b) The name of each person des- SOURCE: CGD 91–036, 61 FR 7917, Feb. 29,
ignated as a person in charge of trans- 1996, unless otherwise noted.
fer operations at the facility and cer-
tification that each person in charge § 154.1010 Purpose.
has completed the training require- This subpart establishes oil spill re-
ments of § 154.710 of this part; sponse plan requirements for all ma-
(c) The date and result of the most rine transportation-related (MTR) fa-
recent test or examination of each cilities (hereafter also referred to as fa-
item tested or examined under § 156.170 cilities) that could reasonably be ex-
of this chapter; pected to cause substantial harm or
(d) The hose information required by significant and substantial harm to the
§ 154.500 (e) and (g) except that marked environment by discharging oil into or
on the hose; on the navigable waters, adjoining
(e) The record of all examinations of shorelines, or exclusive economic zone.

the facility by the COTP within the The development of a response plan
last 3 years; prepares the facility owner or operator
306
to respond to an oil spill. These re- tial harm facilities by the COTP under
quirements specify criteria to be used § 154.1016.
during the planning process to deter- (d) An MTR facility owner or oper-
mine the appropriate response re- ator who believes the facility is im-
sources. The specific criteria for re- properly classified may request review
sponse resources and their arrival and reclassification in accordance with
times are not performance standards. § 154.1075.
The criteria are based on a set of as-
sumptions that may not exist during § 154.1016 Facility classification by
an actual oil spill incident. COTP.
(a) The COTP may upgrade the clas-
§ 154.1015 Applicability. sification of:
(a) This subpart applies to all MTR (1) An MTR facility not specified in
facilities that because of their location § 154.1015 (b) or (c) to a facility that
could reasonably be expected to cause could reasonably be expected to cause
at least substantial harm to the envi- substantial harm to the environment;
ronment by discharging oil into or on or
the navigable waters, adjoining shore- (2) An MTR facility specified in
lines, or exclusive economic zone. § 154.1015(b) to a facility that could rea-
(b) The following MTR facilities that sonably be expected to cause signifi-
handle, store, or transport oil, in bulk, cant and substantial harm to the envi-
could reasonably be expected to cause ronment.
substantial harm to the environment (b) The COTP may downgrade, the
by discharging oil into or on the navi- classification of:
gable waters or adjoining shorelines (1) An MTR facility specified in
and are classified as substantial harm § 154.1015(c) to a facility that could rea-
MTR facilities: sonably be expected to cause substan-
(1) Fixed MTR onshore facilities ca- tial harm to the environment; or
pable of transferring oil to or from a (2) An MTR facility specified in
vessel with a capacity of 250 barrels or § 154.1015(b) to a facility that could not
more and deepwater ports; reasonably be expected to cause sub-
(2) Mobile MTR facilities used or in- stantial, or significant and substantial
tended to be used to transfer oil to or harm to the environment.
from a vessel with a capacity of 250 (3) The COTP will consider down-
barrels or more; and grading an MTR facility’s classifica-
(3) Those MTR facilities specifically tion only upon receiving a written re-
designated as substantial harm facili- quest for a downgrade of classification
ties by the COTP under § 154.1016. from the facility’s owner or operator.
(c) The following MTR facilities that (c) When changing a facility classi-
handle, store, or transport oil in bulk fication the COTP may, as appropriate,
could not only reasonably be expected consider all relevant factors including,
to cause substantial harm, but also sig- but not limited to: Type and quantity
nificant and substantial harm, to the of oils handled in bulk; facility spill
environment by discharging oil into or history; age of facility; proximity to
on the navigable waters, adjoining public and commercial water supply in-
shorelines, or exclusive economic zone takes; proximity to navigable waters
and are classified as significant and based on the definition of navigable
substantial harm MTR facilities: waters in 33 CFR 2.36; and proximity to
(1) Deepwater ports, and fixed MTR fish and wildlife and sensitive environ-
onshore facilities capable of transfer- ments.
ring oil to or from a vessel with a ca- [CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
pacity of 250 barrels or more except for amended by USCG–2008–0179, 73 FR 35014,
facilities that are part of a non-trans- June 19, 2008]
portation-related fixed onshore facility
with a storage capacity of less than § 154.1017 Response plan submission
42,000 gallons; and requirements.

(2) Those MTR facilities specifically (a) The owner or operator of an MTR
designated as significant and substan- facility identified only in § 154.1015(b),
307
§ 154.1020 33 CFR Ch. I (7–1–20 Edition)
or designated by the COTP as a sub- and not specifically identified else-

stantial harm facility, shall prepare where in this part.
and submit to the cognizant COTP a Average most probable discharge means
response plan that meets the require- a discharge of the lesser of 50 barrels or
ments of § 154.1030, § 154.1040, § 154.1045, 1 percent of the volume of the worst
or § 154.1047, as appropriate. This ap- case discharge.
plies to: Captain of the Port (COTP) Zone
(1) A mobile MTR facility used or in- means a zone specified in 33 CFR part
tended to be used to transfer oil to or 3 and, where applicable, the seaward
from a vessel with a capacity of 250 extension of that zone to the outer
barrels or more; and boundary of the exclusive economic
(2) A fixed MTR facility specifically zone (EEZ).
designated as a substantial harm facil- Complex means a facility possessing a
ity by the COTP under § 154.1016. combination of marine-transportation
(b) The owner or operator of an MTR related and non-transportation-related
facility identified in § 154.1015(c) or des- components that is subject to the juris-
ignated by the COTP as a significant diction of more than one Federal agen-
and substantial harm facility shall pre- cy under section 311(j) of the Clean
pare and submit for review and ap- Water Act.
proval of the cognizant COTP a re- Dispersant-application platform means
sponse plan that meets the require- the vessel or aircraft outfitted with the
ments of § 154.1030, § 154.1035, § 154.1045, dispersant-application equipment act-
or § 154.1047, as appropriate. This ap- ing as the delivery system for the dis-
plies to: persant onto the oil spill.
(1) A fixed MTR facility capable of Effective Daily Application Capacity or
transferring oil, in bulk, to or from a EDAC means the estimated amount of
vessel with a capacity of 250 barrels or dispersant that can be applied to a dis-
more; and charge by an application system given
the availability of supporting dispers-
(2) An MTR facility specifically des-
ant stockpiles, when operated in ac-
ignated as a significant and substantial
cordance with approved standards and
harm facility by the COTP under
within acceptable environmental con-
§ 154.1016.
ditions.
(c) In addition to the requirements in
Estimated Dispersant System Potential
paragraphs (a) and (b) of this section,
Calculator (EDSP) means an internet-
the response plan for a mobile MTR fa-
accessible application that estimates
cility must meet the requirements of
EDAC for different dispersant response
§ 154.1041 subpart F.
systems. The NSFCC will use EDSP for
§ 154.1020 Definitions. evaluating OSRO dispersant classifica-
tion levels.
Except as otherwise defined in this Exclusive economic zone (EEZ) means
section, the definition in 33 CFR 154.105 the zone contiguous to the territorial
apply to this subpart and subparts H sea of the United States extending to a
and I. distance up to 200 nautical miles from
Adverse weather means the weather the baseline from which the breadth of
conditions that will be considered when the territorial sea is measured.
identifying response systems and Facility that could reasonably be ex-
equipment in a response plan for the pected to cause significant and substan-
applicable operating environment. Fac- tial harm means any MTR facility (in-
tors to consider include, but are not cluding piping and any structures that
limited to, significant wave height as are used for the transfer of oil between
specified in § 154.1045, § 154.1047, a vessel and a facility) classified as a
§ 154.1225, or § 154.1325, as appropriate; ‘‘significant and substantial harm’’ fa-
ice conditions, temperatures, weather- cility under § 154.1015(c) and § 154.1216.
related visibility, and currents within Facility that could reasonably be ex-
the COTP zone in which the systems or pected to cause substantial harm means
equipment are intended to function. any MTR facility classified as a ‘‘sub-

Animal fat means a non-petroleum stantial harm’’ facility under
oil, fat, or grease derived from animals, § 154.1015(b) and § 154.1216.
308
Fish and Wildlife and Sensitive Envi- (10) Galveston Bay and Houston Ship
ronment means areas that may be iden- Channel, TX.
tified by either their legal designation (11) Corpus Christi, TX.
or by Area Committees in the applica- (12) Los Angeles/Long Beach harbor,
ble Area Contingency Plan (ACP) (for CA.
planning) or by members of the Federal (13) San Francisco Bay, San Pablo
On-Scene Coordinator’s spill response Bay, Carquinez Strait, and Suisun Bay
structure (during responses). These to Antioch, CA.
areas may include: Wetlands, national (14) Straits of Juan De Fuca from
and state parks, critical habitats for Port Angeles, WA, to and including
endangered or threatened species, wil- Puget Sound, WA.
derness and natural resource areas,
(15) Prince William Sound, AK.
marine sanctuaries and estuarine re-
serves, conservation areas, preserves, Inland area means the area shoreward
wildlife areas, wildlife refuges, wild of the boundary lines defined in 46 CFR
and scenic rivers, areas of economic part 7, except in the Gulf of Mexico. In
importance, recreational areas, na- the Gulf of Mexico, it means the area
tional forests, Federal and state lands shoreward of the lines of demarcation
that are research areas, heritage pro- (COLREG lines) defined in §§ 80.740
gram areas, land trust areas, and his- through 80.850 of this chapter. The in-
torical and archaeological sites and land area does not include the Great
parks. These areas may also include Lakes.
unique habitats such as: aquaculture Marine transportation-related facility
sites and agricultural surface water in- (MTR facility) means any onshore fa-
takes, bird nesting areas, critical bio- cility or segment of a complex regu-
logical resource areas, designated mi- lated under section 311(j) of the Federal
gratory routes, and designated sea- Water Pollution Control Act (FWPCA)
sonal habitats. by two or more Federal agencies, in-
Great Lakes means Lakes Superior, cluding piping and any structure used
Michigan, Huron, Erie, and Ontario, or intended to be used to transfer oil to
their connecting and tributary waters, or from a vessel, subject to regulation
the Saint Lawrence River as far as under this part and any deepwater port
Saint Regis, and adjacent port areas. subject to regulation under part 150 of
Gulf Coast means, for the purposes of this chapter. For a facility or segment
dispersant-application requirements, of a complex regulated by two or more
the region encompassing the following Federal agencies under section 311(j) of
Captain of the Port Zones: the FWPCA, the MTR portion of the
(1) Corpus Christi, TX. complex extends from the facility oil
(2) Houston/Galveston, TX. transfer system’s connection with the
vessel to the first valve inside the sec-
(3) Port Arthur, TX.
ondary containment surrounding tanks
(4) Morgan City, LA.
in the non-transportation-related por-
(5) New Orleans, LA. tion of the facility or, in the absence of
(6) Mobile, AL. secondary containment, to the valve or
(7) St. Petersburg, FL. manifold adjacent to the tanks com-
Higher volume port area means the fol- prising the non-transportation-related
lowing ports: portion of the facility, unless another
(1) Boston, MA. location has otherwise been agreed to
(2) New York, NY. by the COTP and the appropriate Fed-
(3) Delaware Bay and River to Phila- eral official.
delphia, PA. Maximum extent practicable means the
(4) St. Croix, VI. planned capability to respond to a
(5) Pascagoula, MS. worst case discharge in adverse weath-
(6) Mississippi River from Southwest er, as contained in a response plan that
Pass, LA. to Baton Rouge, LA. meets the criteria in this subpart or in
(7) Louisiana Offshore Oil Port a specific plan approved by the cog-
(LOOP), LA. nizant COTP.

(8) Lake Charles, LA. Maximum most probable discharge
(9) Sabine-Neches River, TX. means a discharge of the lesser of 1,200
309
§ 154.1020 33 CFR Ch. I (7–1–20 Edition)
barrels or 10 percent of the volume of a sponse resources by contract or other

worst case discharge. approved means, and conducting the
Nearshore area means the area ex- necessary training and drills.
tending seaward 12 miles from the Operational effectiveness monitoring
boundary lines defined in 46 CFR part means monitoring concerned primarily
7, except in the Gulf of Mexico. In the with determining whether the dispers-
Gulf of Mexico, it means the area ex- ant was properly applied and how the
tending seaward 12 miles from the line dispersant is affecting the oil.
of demarcation (COLREG lines) defined Other non-petroleum oil means a non-
in §§ 80.740–80.850 of this chapter. petroleum oil of any kind that is not
Non-persistent or Group I oil means a generally an animal fat or vegetable
petroleum-based oil that, at the time oil.
of shipment, consists of hydrocarbon Persistent oil means a petroleum-
fractions— based oil that does not meet the dis-
(1) At least 50 percent of which by tillation criteria for a non-persistent
volume, distill at a temperature of 340 oil. For the purposes of this subpart,
degrees C (645 degrees F); and persistent oils are further classified
(2) At least 95 percent of which by based on specific gravity as follows:
volume, distill at a temperature of 370 (1) Group II—specific gravity of less
degrees C (700 degrees F). than .85.
Ocean means the offshore area and (2) Group III—specific gravity equal
nearshore area as defined in this sub- to or greater than .85 and less than .95.
part. (3) Group IV—specific gravity equal
Offshore area means the area beyond to or greater than .95 and less than or
12 nautical miles measured from the equal to 1.0.
boundary lines defined in 46 CFR part 7 (4) Group V—specific gravity greater
extending seaward to 50 nautical miles, than 1.0.
except in the Gulf of Mexico. In the Pre-authorization for dispersant use
Gulf of Mexico, it is the area beyond 12 means an agreement, adopted by a re-
nautical miles of the line of demarca- gional response team in coordination
tion (COLREG lines) defined in with area committees, which author-
§§ 80.740–80.850 of this chapter extending izes the use of dispersants at the dis-
seaward to 50 nautical miles. cretion of the Federal On-Scene Coor-
Oil means oil of any kind or in any dinator without the further approval of
form, including, but not limited to, pe- other Federal or State authorities.
troleum, fuel oil, sludge, oil refuse, oil These pre-authorization areas are gen-
mixed with wastes other than dredge erally limited to particular geographic
spoil. areas within each region.
Oil spill removal organization (OSRO) Primary dispersant staging site means a
means an entity that provides response site designated within a Captain of the
resources. Port zone that has been identified as a
On-Scene Coordinator (OSC) means the forward staging area for dispersant ap-
definition in the National Oil and Haz- plication platforms and the loading of
ardous Substances Pollution Contin- dispersant stockpiles. Primary staging
gency Plan (40 CFR part 300). sites are typically the planned loca-
Operating area means Rivers and Ca- tions where platforms load or reload
nals, Inland, Nearshore, Great Lakes, dispersants before departing for appli-
or Offshore geographic location(s) in cation at the site of the discharge and
which a facility is handling, storing, or may not be the locations where dis-
transporting oil. persant stockpiles are stored or appli-
Operating environment means Rivers cation platforms are home-based.
and Canals, Inland, Great Lakes, or Qualified individual and alternate
Ocean. These terms are used to define qualified individual means a person lo-
the conditions in which response equip- cated in the United States who meets
ment is designed to function. the requirements of § 154.1026.
Operating in compliance with the plan Response activities means the contain-
means operating in compliance with ment and removal of oil from the land,
the provisions of this subpart includ- water, and shorelines, the temporary
ing, ensuring the availability of the re- storage and disposal of recovered oil, or
310
the taking of other actions as nec- in adverse weather conditions meeting

essary to minimize or mitigate damage the requirements of § 154.1029.
to the public health or welfare or the [CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
environment. amended by USCG–1999–5149, 65 FR 40825,
Response resources means the per- June 30, 2000; USCG–2001–8661, 74 FR 45023,
sonnel, equipment, supplies, and other Aug. 31, 2009; USCG–2018–0874, 84 FR 30880,
capability necessary to perform the re- June 28, 2019]
sponse activities identified in a re- § 154.1025 Operating restrictions and
sponse plan. interim operating authorization.
Rivers and canals means a body of
(a) The owner or operator of an MTR
water confined within the inland area,
facility who submitted a response plan
including the Intracoastal Waterways prior to May 29, 1996, may elect to com-
and other waterways artificially cre- ply with any of the provisions of this
ated for navigation, that has a project final rule by revising the appropriate
depth of 12 feet or less. section of the previously submitted
Specific gravity means the ratio of the plan in accordance with § 154.1065. An
mass of a given volume of liquid at 15 owner or operator of an MTR facility
°C (60 °F) to the mass of an equal vol- who elects to comply with all sections
ume of pure water at the same tem- of this final rule must resubmit the
perature. plan in accordance with § 154.1060 of
Spill management team means the per- this part.
sonnel identified to staff the organiza- (b) No facility subject to this subpart
tional structure identified in a re- may handle, store, or transport oil un-
sponse plan to manage response plan less it is operating in full compliance
implementation. with a submitted response plan. No fa-
Substantial threat of a discharge means cility categorized under § 154.1015(c) as
any incident or condition involving a a significant and substantial harm fa-
facility that may create a risk of dis- cility may handle, store, or transport
oil unless the submitted response plan
charge of oil. Such incidents include,
has been approved by the COTP. The
but are not limited to storage tank or
owner or operator of each new facility
piping failures, above ground or under- to which this subpart applies must sub-
ground leaks, fires, explosions, flood- mit a response plan meeting the re-
ing, spills contained within the facil- quirements listed in § 154.1017 not less
ity, or other similar occurrences. than 60 days prior to handling, storing,
Tier means the combination of re- or transporting oil. Where applicable,
quired response resources and the the response plan shall be submitted
times within which the resources must along with the letter of intent required
arrive on scene. under § 154.110.
NOTE: Tiers are applied in three categories:
(c) Notwithstanding the require-
(1) Higher Volume Port Areas,
ments of paragraph (b) of this section,
(2) Great Lakes, and
a facility categorized under § 154.1015(c)
(3) All other operating environments, in- as a significant and substantial harm
cluding rivers and canals, inland, nearshore, facility may continue to handle, store,
and offshore areas. or transport oil for 2 years after the
Appendix C, Table 4 of this part, provides date of submission of a response plan,
specific guidance on calculating response re- pending approval of that plan. To con-
sources. Sections 154.1045(f) and 154.1135, set tinue to handle, store, or transport oil
forth the required times within which the re- without a plan approved by the COTP,
sponse resources must arrive on-scene. the facility owner or operator shall
certify in writing to the COTP that the
Vegetable oil means a non-petroleum
owner or operator has ensured, by con-
oil or fat derived from plant seeds,
tract or other approved means as de-
nuts, kernels or fruits, and not specifi- scribed in § 154.1028(a), the availability
cally identified elsewhere in this part. of the necessary private personnel and
Worst case discharge means in the case equipment to respond, to the maximum
of an onshore facility and deepwater extend practicable to a worst case dis-
port, the largest foreseeable discharge charge or substantial threat of such a
311
§ 154.1026 33 CFR Ch. I (7–1–20 Edition)
discharge from the facility. Provided (2) Act as a liaison with the
that the COTP is satisfied with the cer- predesignated Federal On-Scene Coor-
tification of response resources pro- dinator (OSC); and
vided by the owner or operator of the (3) Obligate funds required to carry
facility, the COTP will provide written out response activities.
authorization for the facility to han- (d) The owner or operator of a facil-
dle, store, or transport oil while the ity may designate an organization to
submitted response plan is being re- fulfill the role of the qualified indi-
viewed. Pending approval of the sub- vidual and the alternate qualified indi-
mitted response plan, deficiencies vidual. The organization must then
noted by the COTP must be corrected identify a qualified individual and at
in accordance with § 154.1070. least one alternate qualified individual
(d) A facility may not continue to who meet the requirements of this sec-
handle, store, or transport oil if— tion. The facility owner or operator is
(1) The COTP determines that the re- required to list in the response plan the
sponse resources identified in the facil- organization, the person identified as
ity certification statement or reference the qualified individual, and the person
response plan do not substantially or person(s) identified as the alternate
meet the requirements of this subpart; qualified individual(s).
(2) The contracts or agreements cited (e) The qualified individual is not re-
in the facility’s certification statement
sponsible for—
or referenced response plans are no
(1) The adequacy of response plans
longer valid;
prepared by the owner or operator; or
(3) The facility is not operating in
compliance with the submitted plan; (2) Contracting or obligating funds
(4) The response plan has not been re- for response resources beyond the au-
submitted or approved within the last 5 thority contained in their designation
years; or from the owner or operator of the facil-
(5) The period of the authorization ity.
under paragraph (c) of this section has (f) The liability of a qualified indi-
expired. vidual is considered to be in accord-
ance with the provisions of 33 USC
§ 154.1026 Qualified individual and al- 1321(c)(4).
ternate qualified individual.
(a) The response plan must identify a § 154.1028 Methods of ensuring the
availability of response resources
qualified individual and at least one al- by contract or other approved
ternate who meet the requirements of means.
this section. The qualified individual
or alternate must be available on a 24- (a) When required in this subpart, the
hour basis and be able to arrive at the availability of response resources must
facility in a reasonable time. be ensured by the following methods:
(b) The qualified individual and alter- (1) A written contractual agreement
nate must: with an oil spill removal organization.
(1) Be located in the United States; The agreement must identify and en-
(2) Speak fluent English; sure the availability of specified per-
(3) Be familiar with the implementa- sonnel and equipment required under
tion of the facility response plan; and this subpart within stipulated response
(4) Be trained in the responsibilities times in the specified geographic areas;
of the qualified individual under the re- (2) Certification by the facility owner
sponse plan. or operator that specified personnel
(c) The owner or operator shall pro- and equipment required under this sub-
vide each qualified individual and al- part are owned, operated, or under the
ternate qualified individual identified direct control of the facility owner or
in the plan with a document desig- operator, and are available within stip-
nating them as a qualified individual ulated response times in the specified
and specifying their full authority to: geographic areas;
(1) Activate and engage in con- (3) Active membership in a local or

tracting with oil spill removal organi- regional oil spill removal organization
zation(s); that has identified specified personnel
312
and equipment required under this sub- plied by the maximum flow rate ex-
part that are available to respond to a pressed in barrels per hour (based on
discharge within stipulated response the maximum relief valve setting or
times in the specified geographic areas; maximum system pressure when relief
(4) A document which— valves are not provided) plus the total
(i) Identifies the personnel, equip- line drainage volume expressed in bar-
ment, and services capable of being rels for the pipe between the marine
provided by the oil spill removal orga- manifold and the non-transportation-
nization within stipulated response related portion of the facility; and
times in the specified geographic areas; (c) For a mobile facility it means the
(ii) Sets out the parties’ acknowledg- loss of the entire contents of the con-
ment that the oil spill removal organi- tainer in which the oil is stored or
zation intends to commit the resources transported.
in the event of a response;
(iii) Permits the Coast Guard to § 154.1030 General response plan con-
verify the availability of the identified tents.
response resources through tests, in- (a) The plan must be written in
spections, and drills; and English.
(iv) Is referenced in the response (b) A response plan must be divided
plan; or into the sections listed in this para-
(5) The identification of an oil spill graph and formatted in the order speci-
removal organization with specified fied herein unless noted otherwise. It
equipment and personnel available must also have some easily found
within stipulated response times in marker identifying each section listed
specified geographic areas. The organi- below. The following are the sections
zation must provide written consent to and subsections of a facility response
being identified in the plan. plan:
(b) The contracts and documents re- (1) Introduction and plan contents.
quired in paragraph (a) of this section (2) Emergency response action plan:
must be retained at the facility and (i) Notification procedures.
must be produced for review upon re- (ii) Facility’s spill mitigation proce-
quest by the COTP. dures.
§ 154.1029 Worst case discharge. (iii) Facility’s response activities.
(iv) Fish and wildlife and sensitive
(a) The response plan must use the environments.
appropriate criteria in this section to
(v) Disposal plan.
develop the worst case discharge.
(3) Training and Exercises:
(b) For the MTR segment of a facil-
ity, not less than— (i) Training procedures.
(1) Where applicable, the loss of the (ii) Exercise procedures.
entire capacity of all in-line and break (4) Plan review and update proce-
out tank(s) needed for the continuous dures.
operation of the pipelines used for the (5) Appendices.
purposes of handling or transporting (i) Facility-specific information.
oil, in bulk, to or from a vessel regard- (ii) List of contacts.
less of the presence of secondary con- (iii) Equipment lists and records.
tainment; plus (iv) Communications plan.
(2) The discharge from all piping car- (v) Site-specific safety and health
rying oil between the marine transfer plan.
manifold and the non-transportation- (vi) List of acronyms and definitions.
related portion of the facility. The dis- (vii) A geographic-specific appendix
charge from each pipe is calculated as for each zone in which a mobile facility
follows: The maximum time to dis- operates.
cover the release from the pipe in (c) The required contents for each
hours, plus the maximum time to shut section and subsection of the plan are
down flow from the pipe in hours contained in §§ 154.1035, 154.1040, and
(based on historic discharge data or the 154.1041, as appropriate.

best estimate in the absence of historic (d) The sections and subsections of
discharge data for the facility) multi- response plans submitted to the COTP
313
§ 154.1035 33 CFR Ch. I (7–1–20 Edition)
must contain at a minimum all the in- known landmark that would appear on
formation required in §§ 154.1035, a map or chart.
154.1040, and 154.1041, as appropriate. It (3) The name, address, and procedures
may contain other appropriate sec- for contacting the facility’s owner or
tions, subsections, or information that operator on a 24-hour basis.
are required by other Federal, State, (4) A table of contents.
and local agencies. (5) During the period that the sub-
(e) For initial and subsequent submitted plan does not have to conform
mission, a plan that does not follow the to the format contained in this sub-
format specified in paragraph (b) of part, a cross index, if appropriate.
this section must be supplemented (6) A record of change(s) to record in-
with a detailed cross-reference section formation on plan updates.
to identify the location of the applica- (b) Emergency Response Action Plan.
ble sections required by this subpart. This section of the plan must be orga-
(f) The information contained in a re- nized in the subsections described in
this paragraph:
sponse plan must be consistent with
(1) Notification procedures. (i) This
the National Oil and Hazardous Sub-
subsection must contain a prioritized
stances Pollution Contingency Plan
list identifying the person(s), including
(NCP) (40 CFR part 300) and the Area
name, telephone number, and their role
Contingency Plan(s) (ACP) covering
in the plan, to be notified of a dis-
the area in which the facility operates. charge or substantial threat of a dis-
Facility owners or operators shall en- charge of oil. The telephone number
sure that their response plans are in need not be provided if it is listed sepa-
accordance with the ACP in effect 6 rately in the list of contacts required
months prior to initial plan submission in the plan. This Notification Proce-
or the annual plan review required dures listing must include—
under § 154.1065(a). Facility owners or (A) Facility response personnel, the
operators are not required to, but may spill management team, oil spill re-
at their option, conform to an ACP moval organizations, and the qualified
which is less than 6 months old at the individual(s) and the designated alter-
time of plan submission. nate(s); and
(B) Federal, State, or local agencies,
§ 154.1035 Specific requirements for fa- as required.
cilities that could reasonably be ex-
pected to cause significant and sub- (ii) This subsection must include a
stantial harm to the environment. form, such as that depicted in Figure 1,
which contains information to be pro-
(a) Introduction and plan content. This vided in the initial and follow-up noti-
section of the plan must include facil- fications to Federal, State, and local
ity and plan information as follows: agencies. The form shall include notifi-
(1) The facility’s name, street ad- cation of the National Response Center
dress, city, county, state, ZIP code, fa- as required in part 153 of this chapter.
cility telephone number, and tele- Copies of the form also must be placed
facsimile number, if so equipped. In- at the location(s) from which notifica-
clude mailing address if different from tion may be made. The initial notifica-
street address. tion form must include space for the
(2) The facility’s location described information contained in Figure 1. The
in a manner that could aid both a re- form must contain a prominent state-
viewer and a responder in locating the ment that initial notification must not
specific facility covered by the plan, be delayed pending collection of all in-
such as, river mile or location from a formation.
FIGURE 1—INFORMATION ON DISCHARGE *
[Involved Parties]
(A) Reporting party (B) Suspected responsible party

Name Name
Phones () – Phones () –
Company Company
Position Organization Type:
314
FIGURE 1—INFORMATION ON DISCHARGE *—Continued

[Involved Parties]
(A) Reporting party (B) Suspected responsible party
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 tele-
phone: 202–267–2675.
Were materials Discharged (Y/N)?
Calling for Responsible Party (Y/N)
Incident Description
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
Facility Capacity
Tank Capacity
Latitude Degrees
Longitude Degrees
Mile Post or River Mile
Materials
Discharge Unit of Quantity Measure Discharged Material Quantity in Water
Response Action
Actions Taken to Correct or Mitigate Incident
Impact
Number of Injuries Number of Fatalities

Were there Evacuations (Y/N/U)? Number Evacuated
Was there any Damage (Y/N/U)? Damage in Dollars
Additional Information
Any information about the Incident not recorded elsewhere in the report
Caller Notifications
USCG EPA State Other
(2) Facility’s spill mitigation procedures. (B) Maximum most probable dis-
(i) This subsection must describe the charge from the MTR facility;
volume(s) and oil groups that would be (C) Worst case discharge from the
involved in the— MTR facility; and
(A) Average most probable discharge (D) Where applicable, the worst case
from the MTR facility; discharge from the non-transportation-
related facility. This must be the same
315
§ 154.1035 33 CFR Ch. I (7–1–20 Edition)
volume provided in the response plan (C) Safety;

for the non-transportation-related fa- (D) Liaison with government agen-
cility. cies;
(ii) This subsection must contain (E) Spill Operations;
prioritized procedures for facility per- (F) Planning;
sonnel to mitigate or prevent any dis- (G) Logistics support; and
charge or substantial threat of a dis- (H) Finance.
charge of oil resulting from oper-
(iv) This subsection of the plan must
ational activities associated with in-
identify the oil spill removal organiza-
ternal or external facility transfers in-
tions and the spill management team
cluding specific procedures to shut
that will be capable of providing the
down affected operations. Facility per-
following resources:
sonnel responsible for performing spec-
ified procedures to mitigate or prevent (A) Equipment and supplies to meet
any discharge or potential discharge the requirements of §§ 154.1045, 154.1047,
shall be identified by job title. A copy or subparts H or I of this part, as ap-
of these procedures shall be maintained propriate.
at the facility operations center. These (B) Trained personnel necessary to
procedures must address actions to be continue operation of the equipment
taken by facility personnel in the and staff the oil spill removal organiza-
event of a discharge, potential dis- tion and spill management team for
charge, or emergency involving the fol- the first 7 days of the response.
lowing equipment and scenarios: (v) This section must include job de-
(A) Failure of manifold, mechanical scriptions for each spill management
loading arm, other transfer equipment, team member within the organiza-
or hoses, as appropriate; tional structure described in paragraph
(B) Tank overfill; (b)(3)(iii) of this section. These job de-
(C) Tank failure; scriptions must include the responsibil-
(D) Piping rupture; ities and duties of each spill manage-
(E) Piping leak, both under pressure ment team member in a response ac-
and not under pressure, if applicable; tion.
(F) Explosion or fire; and (vi) For facilities that handle, store,
(G) Equipment failure (e.g. pumping or transport group II through group IV
system failure, relief valve failure, or petroleum oils, and that operate in
other general equipment relevant to waters where dispersant use is pre-au-
operational activities associated with thorized, this subsection of the plan
internal or external facility transfers.) must also separately list the resource
(iii) This subsection must contain a providers and specific resources, in-
listing of equipment and the respon- cluding appropriately trained dispers-
sibilities of facility personnel to miti- ant-application personnel, necessary to
gate an average most probable dis- provide the dispersant capabilities re-
charge. quired in this subpart. All resource
(3) Facility’s response activities. (i) providers and resources must be avail-
This subsection must contain a de- able by contract or other approved
scription of the facility personnel’s re- means as described in § 154.1028(a). The
sponsibilities to initiate a response and dispersant resources to be listed within
supervise response resources pending this section must include the fol-
the arrival of the qualified individual. lowing:
(ii) This subsection must contain a (A) Identification of each primary
description of the responsibilities and dispersant staging site to be used by
authority of the qualified individual each dispersant-application platform
and alternate as required in § 154.1026. to meet the requirements of this sub-
(iii) This subsection must describe part.
the organizational structure that will (B) Identification of the platform
be used to manage the response ac- type, resource-providing organization,
tions. This structure must include the location, and dispersant payload for
following functional areas. each dispersant-application platform

(A) Command and control; identified. Location data must identify
(B) Public information; the distance between the platform’s
316
home base and the identified primary cluded for each COTP zone in which the
dispersant staging site for this section. facility will handle, store, or transport
(C) For each unit of dispersant stock- oil in bulk.
pile required to support the effective (4) Fish and wildlife and sensitive envi-
daily application capacity (EDAC) of ronments. (i) This section of the plan
each dispersant-application platform must identify areas of economic impor-
necessary to sustain each intended re- tance and environmental sensitivity,
sponse tier of operation, identify the as identified in the ACP, which are po-
dispersant product resource provider, tentially impacted by a worst case dis-
location, and volume. Location data charge. ACPs are required under sec-
must include the stockpile’s distance tion 311(j)(4) of the FWPCA to identify
to the primary staging sites where the fish and wildlife and sensitive environ-
stockpile would be loaded onto the cor- ments. The applicable ACP shall be
responding platforms. used to designate fish and wildlife and
(D) If an oil spill removal organiza- sensitive environments in the plan.
tion has been evaluated by the Coast Changes to the ACP regarding fish and
Guard, and its capability is equal to or wildlife and sensitive environments
exceeds the response capability needed shall be included in the annual update
by the owner or operator, the section of the response plan, when available.
may identify only the oil spill removal (ii) For a worst case discharge from
organization, and not the information the facility, this section of the plan
required in paragraphs (b)(3)(vi)(A) must—
through (b)(3)(vi)(C) of this section. (A) List all fish and wildlife and sen-
(vii) This subsection of the plan must sitive environments identified in the
also separately list the resource pro- ACP which are potentially impacted by
viders and specific resources necessary a discharge of persistent oils, non-per-
to provide aerial oil tracking capabili- sistent oils, or non-petroleum oils.
ties required in this subpart. The oil (B) Describe all the response actions
tracking resources to be listed within that the facility anticipates taking to
this section must include the fol- protect these fish and wildlife and sen-
lowing: sitive environments.
(A) The identification of a resource (C) Contain a map or chart showing
provider; and the location of those fish and wildlife
(B) Type and location of aerial sur- and sensitive environments which are
veillance aircraft that are ensured potentially impacted. The map or chart
available, through contract or other shall also depict each response action
approved means, to meet the oil track- that the facility anticipates taking to
ing requirements of § 154.1045(j). protect these areas. A legend of activi-
(viii) For mobile facilities that oper- ties must be included on the map page.
ate in more than one COTP zone, the (iii) For a worst case discharge, this
plan must identify the oil spill removal section must identify appropriate
organization and the spill management equipment and required personnel,
team in the applicable geographic-spe- available by contract or other approved
cific appendix. The oil spill removal or- means as described in § 154.1028, to pro-
ganization(s) and the spill management tect fish and wildlife and sensitive en-
team discussed in paragraph (b)(3)(iv) vironments which fall within the dis-
of this section must be included for tances calculated using the methods
each COTP zone in which the facility outlined in this paragraph as follows:
will handle, store, or transport oil in (A) Identify the appropriate equip-
bulk. ment and required personnel to protect
(ix) For mobile facilities that operate all fish and wildlife and sensitive envi-
in more than one COTP zone, the plan ronments in the ACP for the distances,
must identify the oil spill removal or- as calculated in paragraph (b)(4)(iii)(B)
ganization and the spill management of this section, that the persistent oils,
team in the applicable geographic-spe- non-persistent oils, or non-petroleum
cific appendix. The oil spill removal or- oils are likely to travel in the noted ge-
ganization(s) and the spill management ographic area(s) and number of days
team discussed in paragraph listed in table 2 of appendix C of this
(b)(3)(iv)(A) of this section must be in- part;
317
§ 154.1035 33 CFR Ch. I (7–1–20 Edition)
(B) Calculate the distances required owner or operator to meet the require-
by paragraph (b)(4)(iii)(A) of this sec- ments in § 154.1050.
tion by selecting one of the methods (2) Exercise procedures. This sub-
described in this paragraph; section must describe the exercise pro-
(1) Distances may be calculated as gram to be carried out by the facility
follows: owner or operator to meet the require-
(i) For persistent oils and non-petro- ments in § 154.1055.
leum oils discharged into non-tidal (d) Plan review and update procedures.
waters, the distance from the facility This section must address the proce-
reached in 48 hours at maximum cur- dures to be followed by the facility
rent. owner or operator to meet the require-
(ii) For persistent and non-petroleum ments of § 154.1065 and the procedures
oils discharged into tidal waters, 15 to be followed for any post-discharge
miles from the facility down current review of the plan to evaluate and vali-
during ebb tide and to the point of date its effectiveness.
maximum tidal influence or 15 miles, (e) Appendices. This section of the re-
whichever is less, during flood tide. sponse plan must include the appen-
(iii) For non-persistent oils dis- dices described in this paragraph.
charged into non-tidal waters, the dis- (1) Facility-specific information. This
tance from the facility reached in 24 appendix must contain a description of
hours at maximum current. the facility’s principal characteristics.
(i) There must be a physical descrip-
(iv) For non-persistent oils dis-
tion of the facility including a plan of
charged into tidal waters, 5 miles from
the facility showing the mooring areas,
the facility down current during ebb
transfer locations, control stations, lo-
tide and to the point of maximum tidal
cations of safety equipment, and the
influence or 5 miles, whichever is less,
location and capacities of all piping
during flood tide.
and storage tanks.
(2) A spill trajectory or model may be (ii) The appendix must identify the
substituted for the distances calculated sizes, types, and number of vessels that
under paragraph (b)(4)(iii)(B)(l) of this the facility can transfer oil to or from
section. The spill trajectory or model simultaneously.
must be acceptable to the COTP. (iii) The appendix must identify the
(3) The procedures contained in the first valve(s) on facility piping sepa-
Environmental Protection’s Agency’s rating the transportation-related por-
regulations on oil pollution prevention tion of the facility from the non-trans-
for non-transportation-related onshore portation-related portion of the facil-
facilities at 40 CFR part 112, appendix ity, if any. For piping leading to a
C, Attachment C-III may be sub- manifold located on a dock serving
stituted for the distances listed in nontank vessels, this valve is the first
tidal and tidal waters; and valve inside the secondary contain-
(C) Based on historical information ment required by 40 CFR part 112.
or a spill trajectory or model, the (iv) The appendix must contain infor-
COTP may require the additional fish mation on the oil(s) and hazardous ma-
and wildlife and sensitive environ- terial handled, stored, or transported
ments also be protected. at the facility in bulk. A material safe-
(5) Disposal Plan. This subsection ty data sheet meeting the require-
must describe any actions to be taken ments of 29 CFR 1910.1200, 33 CFR
or procedures to be used to ensure that 154.310(a)(5) or an equivalent will meet
all recovered oil and oil contaminated this requirement. This information can
debris produced as a result of any dis- be maintained separately providing it
charge are disposed according to Fed- is readily available and the appendix
eral, state, or local requirements. identifies its location. This informa-
(c) Training and exercises. This section tion must include—
must be divided into the following two (A) The generic or chemical name;
subsections: (B) A description of the appearance
(1) Training procedures. This sub- and odor;

section must describe the training pro- (C) The physical and chemical char-
cedures and programs of the facility acteristics;
318
(D) The hazards involved in handling termined to equal or exceed the re-
the oil(s) and hazardous materials. sponse capability needed by the facil-
This shall include hazards likely to be ity. For oil spill removal organiza-
encountered if the oil(s) and hazardous tion(s) classified by the Coast Guard,
materials come in contact as a result the classification must be noted in this
of a discharge; and section of the plan. When it is nec-
(E) A list of firefighting procedures essary for the appendix to contain a
and extinguishing agents effective with listing of response equipment, it shall
fires involving the oil(s) and hazardous include all of the following items that
materials. are identified in the response plan:
(v) The appendix may contain any Skimmers; booms; dispersant applica-
other information which the facility tion, in-situ burning, bioremediation
owner or operator determines to be equipment and supplies, and other
pertinent to an oil spill response. equipment used to apply other chem-
(2) List of contacts. This appendix ical agents on the NCP Product Sched-
must include information on 24-hour ule (if applicable); communications,
contact of key individuals and organi- firefighting, and beach cleaning equip-
zations. If more appropriate, this infor- ment; boats and motors; disposal and
mation may be specified in a geo- storage equipment; and heavy equip-
graphic-specific appendix. The list ment. The list must include for each
must include— piece of equipment—
(i) The primary and alternate quali- (A) The type, make, model, and year
fied individual(s) for the facility; of manufacture listed on the nameplate
(ii) The contact(s) identified under of the equipment;
paragraph (b)(3)(iv) of this section for (B) For oil recovery devices, the ef-
activation of the response resources; fective daily recovery rate, as deter-
and mined using section 6 of appendix C of
(iii) Appropriate Federal, State, and this part;
local officials. (C) For containment boom, the over-
(3) Equipment list and records. This ap- all boom height (draft and freeboard)
pendix must include the information and type of end connectors;
specified in this paragraph. (D) The spill scenario in which the
(i) The appendix must contain a list equipment will be used for or which it
of equipment and facility personnel re- is contracted;
quired to respond to an average most (E) The total daily capacity for stor-
probable discharge, as defined in age and disposal of recovered oil;
§ 154.1020. The appendix must also list (F) For communication equipment,
the location of the equipment. the type and amount of equipment in-
(ii) The appendix must contain a de- tended for use during response activi-
tailed listing of all the major equip- ties. Where applicable, the primary and
ment identified in the plan as belong- secondary radio frequencies must be
ing to an oil spill removal organiza- specified.
tion(s) that is available, by contract or (G) Location of the equipment; and
other approved means as described in (H) The date of the last inspection by
§ 154.1028(a), to respond to a maximum the oil spill removal organization(s).
most probable or worst case discharge, (4) Communications plan. This appen-
as defined in § 154.1020. The detailed dix must describe the primary and al-
listing of all major equipment may be ternate method of communication dur-
located in a separate document ref- ing discharges, including communica-
erenced by the plan. Either the appen- tions at the facility and at remote lo-
dix or the separate document ref- cations within the areas covered by the
erenced in the plan must provide the response plan. The appendix may refer
location of the major response equip- to additional communications pack-
ment. ages provided by the oil spill removal
(iii) It is not necessary to list re- organization. This may reference an-
sponse equipment from oil spill re- other existing plan or document.
moval organization(s) when the organi- (5) Site-specific safety and health plan.
zation has been classified by the Coast This appendix must describe the safety
Guard and their capacity has been de- and health plan to be implemented for
319
§ 154.1040 33 CFR Ch. I (7–1–20 Edition)
any response location(s). It must pro- most probable discharge. If the facility
vide as much detailed information as is is a fixed facility, the containment
practicable in advance of an actual dis- boom and sorbent material must be lo-
charge. This appendix may reference cated at the facility. If the facility is a
another existing plan requiring under mobile facility, the containment boom
29 CFR 1910.120. and sorbent must be available locally
(6) List of acronyms and definitions. and be at the site of the discharge
This appendix must list all acronyms within 1 hour of its discovery.
used in the response plan including any
terms or acronyms used by Federal, § 154.1041 Specific response informa-
State, or local governments and any tion to be maintained on mobile
operational terms commonly used at MTR facilities.
the facility. This appendix must in- (a) Each mobile MTR facility must
clude all definitions that are critical to carry the following information as con-
understanding the response plan. tained in the response plan when per-
forming transfer operations:
[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
(1) A description of response activi-
June 29, 2000; USCG–2001–9286, 66 FR 33641, ties for a discharge which may occur
June 25, 2001; USCG–2008–0179, 73 FR 35014, during transfer operations. This may
June 19, 2008; USCG–2001–8661, 74 FR 45023, be a narrative description or a list of
Aug. 31, 2009] procedures to be followed in the event
of a discharge.
§ 154.1040 Specific requirements for fa- (2) Identity of response resources to
cilities that could reasonably be ex- respond to a discharge from the mobile
pected to cause substantial harm to MTR facility.
the environment.
(3) List of the appropriate persons
(a) The owner or operator of a facil- and agencies (including the telephone
ity that, under § 154.1015, could reason- numbers) to be contacted in regard to a
ably be expected to cause substantial discharge and its handling, including
harm to the environment, shall submit the National Response Center.
a response plan that meets the require- (b) The owner or operator of the mo-
ments of § 154.1035, except as modified bile facility must also retain the infor-
by this section. mation in this paragraph at the prin-
(b) The facility’s response activities cipal place of business.
section of the response plan need not
list the facility or corporate organiza- § 154.1045 Response plan development
tional structure that will be used to and evaluation criteria for facilities
manage the response, as required by that handle, store, or transport
§ 154.1035(b)(3)(iii). Group I through Group IV petro-
(c) The owner or operator of a facil- leum oils.
ity must ensure the availability of re- (a) The owner or operator of a facil-
sponse resources required to be identi- ity that handles, stores, or transports
fied in § 154.1035(b)(3)(iv) by contract or Group I through Group IV petroleum
other approved means described in oils shall use the criteria in this sec-
§ 154.1028. tion to evaluate response resources
(d) A facility owner or operator must identified in the response plan for the
have at least 200 feet of containment specified operating environment.
boom and the means of deploying and (1) The criteria in Table 1 of appendix
anchoring the boom available at the C of this part are to be used solely for
spill site within 1 hour of the detection identification of appropriate equip-
of a spill to respond to the average ment in a response plan. These criteria
most probable discharge in lieu of the reflect conditions used for planning
quantity of containment boom speci- purposes to select mechanical response
fied in § 154.1045(c)(1). Based on site-spe- equipment and are not conditions that
cific or facility-specific information, would limit response actions or affect
the COTP may specify that additional normal facility operations.
quantities of containment boom are (2) The response resources must be
available within one hour. In addition, evaluated considering limitations for

there must be adequate sorbent mate- the COTP zones in which the facility
rial for initial response to an average operates, including but not limited to—
320
(i) Ice conditions; approved means as described in

(ii) Debris; § 154.1028(a)(1)(4), to respond to a dis-
(iii) Temperature ranges; charge up to the facility’s maximum
(iv) Weather-related visibility; and most probable discharge volume.
(v) Other appropriate environmental (1) The response resources must in-
conditions as determined by the COTP. clude sufficient containment boom, oil
(3) The COTP may reclassify a spe- recovery devices, and storage capacity
cific body of water or location within for any recovery of up to the maximum
the COTP zone. Any reclassifications most probable discharge planning vol-
will be identified by the COTP in the ume, as contained in appendix C.
applicable ACP. Reclassifications may (2) The response resources must be
be to— appropriate for each group of petro-
(i) A more stringent operating envi- leum oil identified in § 154.1020 that is
ronment if the prevailing wave condi- handled, stored, or transported by the
tions exceed the significant wave facility.
height criteria during more than 35 (3) These response resources must be
percent of the year; or positioned such that they can arrive at
(ii) A less stringent operating envi- the scene of a discharge within the fol-
ronment if the prevailing wave condi- lowing specified times:
tions do not exceed the significant
(i) The equipment identified in para-
wave height criteria for the less strin-
graphs (c)(1) and (c)(2) of this section or
gent operating environment during
in § 154.1040(d) must arrive within the
more than 35 percent of the year.
times specified in those paragraphs or
(b) Response equipment must—
(1) Meet or exceed the operating cri- that section, as appropriate.
teria listed in Table 1 of appendix C of (ii) In higher volume port areas and
this part; the Great Lakes, response resources
(2) Function in the applicable oper- must be capable of arriving on scene
ating environment; and within 6 hours of the discovery of a pe-
(3) Be appropriate for the petroleum troleum oil discharge from a facility.
oil carried. (iii) In all other locations, response
(c) The response plan for a facility resources must be capable of arriving
that handles, stores, or transports on scene within 12 hours of the dis-
Group I through Group IV petroleum covery of a petroleum oil discharge
oils must identify response resources from a facility.
that are available, by contract or other (4) The COTP may determine that
approved means as described in mobilizing response resources to an
§ 154.1028(a)(1)(4), to respond to the fa- area beyond the response times indi-
cility’s average most probable dis- cated in this paragraph invalidates the
charge. The response resources must response plan. In this event, the COTP
include, at a minimum— may impose additional operational re-
(1) 1,000 feet of containment boom or strictions (e.g., limitations on the
two times the length of the largest ves- number of transfers at a facility), or,
sel that regularly conducts petroleum at the COTP’s discretion, the facility
oil transfers to or from the facility, may operate with temporarily modified
whichever is greater, and the means of response plan development and evalua-
deploying and anchoring the boom tion criteria (e.g., modified response
available at the spill site within 1 hour times, alternate response resources,
of the detection of a spill; and etc.).
(2) Oil recovery devices and recovered (e) The response plan for a facility
oil storage capacity capable of being at that handles, stores, or transports
the spill site within 2 hours of the dis- Group I through Group IV petroleum
covery of a petroleum oil discharge oils must identify the response re-
from a facility. sources that are available, by contract
(d) The response plan for a facility or other approved means as described
that handles, stores, or transports in § 154.1028(a)(1)(4), to respond to the
Group I through Group IV petroleum worst case discharge volume of petro-

oils must identify response resources leum oil to the maximum extent prac-
that are available, by contract or other ticable.
321
§ 154.1045 33 CFR Ch. I (7–1–20 Edition)
(1) The location of these response re- the times specified in this paragraph
sources must be suitable to meet the for the applicable response tier in a
response times identified in paragraph higher volume port area, Great Lakes,
(f) of this section for the applicable ge- and in other areas. Response times for
ographic area(s) of operation and re- these tiers from the time of discovery
sponse tier. of a discharge are—
(2) The response resources must be
Tier 1 Tier 2 Tier 3
appropriate for— (hrs.) (hrs.) (hrs.)
(i) The volume of the facility’s worst
case discharge; Higher volume port area (except
(ii) Group(s) of petroleum oil as iden- for a TAPAA facility located in
Prince William Sound, see
tified in § 154.1020 that are handled, § 154.1135) ............................ 6 30 54
stored, or transported by the facility; Great Lakes ............................... 12 36 60
and All other river and canal, inland,
(iii) The geographic area(s) in which nearshore, and offshore
areas ...................................... 12 36 60
the facility operates.
(3) The response resources must in-
(g) For the purposes of arranging for
clude sufficient boom, oil recovery de-
response resources for a facility that
vices, and storage capacity to recover
handles, stores, or transports Group I
the worst case discharge planning vol-
through Group IV petroleum oils, by
umes.
contract or other approved means as
(4) The guidelines in appendix C of
described in § 154.1028(a)(1)–(4), response
this part must be used for calculating
equipment identified for Tier 1 plan
the quantity of response resources re-
credit must be capable of being mobi-
quired to respond at each tier to the
lized and en route to the scene of a dis-
worst case discharge to the maximum
charge within 2 hours of notification.
extent practicable.
The notification procedures identified
(5) When determining response re-
in the plan must provide for notifica-
sources necessary to meet the require-
tion and authorization of mobilization
ments of this section, a portion of
of identified Tier 1 response resources—
those resources must be capable of use
in close-to-shore response activities in (1) Either directly or through the
shallow water. The following percent- qualified individual; and
ages of the response equipment identi- (2) Within 30 minutes of a discovery
fied for the applicable geographic area of a discharge or substantial threat of
must be capable of operating in waters discharge.
of 6 feet or less depth. (h) Response resources identified for
(i) Offshore—10 percent. Tier 2 and Tier 3 plan credit must be
(ii) Nearshore/inland/Great Lakes/riv- capable of arriving on scene within the
ers and canals—20 percent. time specified for the applicable tier.
(6) The COTP may determine that (i) The owner or operator of a facility
mobilizing response resources to an that handles, stores, or transports
area beyond the response times indi- groups II through IV petroleum oils
cated in this paragraph invalidates the within the inland, nearshore, or off-
response plan. In this event, the COTP shore areas where pre-authorization for
may impose additional operational re- dispersant use exists must identify in
strictions (e.g., limitations on the their response plan, and ensure the
number of transfers at a facility), or, availability of, through contract or
at the COTP’s discretion, the facility other approved means, response re-
may be permitted to operate with tem- sources capable of conducting dispers-
porarily modified response plan devel- ant operations within those areas.
opment and evaluation criteria (e.g., (1) Dispersant response resources
modified response times, alternate re- must be capable of commencing dis-
sponse resources, etc.). persant-application operations at the
(f) Response equipment identified in site of a discharge within 7 hours of the
a response plan for a facility that han- decision by the Federal On-Scene Coor-
dles, stores, or transports Group I dinator to use dispersants.

through Group IV petroleum oils must (2) Dispersant response resources
be capable of arriving on scene within must include all of the following:
322
(i) Sufficient volumes of dispersants within, the performance criteria in

for application as required by para- ASTM F1413–07 (incorporated by ref-
graph (i)(3) of this section. Any erence, see § 154.106). For dispersant-ap-
dispersants identified in a response plication systems not fully covered by
plan must be of a type listed on the Na- ASTM F1413–07, such as fire monitor-
tional Oil and Hazardous Substances type applicators, adequacy of perform-
Pollution Contingency Plan Product ance criteria must be documented by
Schedule (which is contained in 40 CFR presentation of independent evaluation
part 300, and available online from the materials (e.g., laboratory tests, field
U.S. Government Printing Office). tests, and reports of actual use) that
(ii) Dispersant-application platforms record the design of performance speci-
capable of delivering and applying the fications.
dispersant on a discharge in the
(iv) Dispersant-application personnel
amounts as required by paragraph (i)(3)
trained in and capable of applying
of this section. At least 50 percent of
each EDAC tier requirement must be dispersants according to the rec-
achieved through the use of fixed-wing, ommended procedures contained with-
aircraft-based application platforms. in ASTM F1737–07 (incorporated by ref-
For dispersant-application platforms erence, see § 154.106).
not detailed within the EDSP, ade- (3) Dispersant stockpiles, application
quacy of performance criteria must be platforms, and other supporting re-
documented by presentation of inde- sources must be available in a quantity
pendent evaluation materials (e.g., and type sufficient to treat a facility’s
field tests and reports of actual use) worst-case discharge (as determined by
that record the performance of the using the criteria in appendix C, sec-
platform. tion 8) or in quantities sufficient to
(iii) Dispersant-application systems meet the requirements in Table
that are consistent in design with, and 154.1045(i) of this section, whichever is
are capable of applying dispersants the lesser amount.
TABLE 154.1045(i)—TIERS FOR EFFECTIVE DAILY APPLICATION CAPABILITY
Dispersant
Response time for Dispersant application
application
completed dispersant: oil treated in
dispersant: oil treated in
application gallons
gallons
(hours) all other U.S.
(Gulf Coast)
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
NOTE TO TABLE 154.1045(i): Gulf Coast Tier 1 other approved means, of response re-
is higher due to greater potential spill size sources necessary to provide aerial oil
and frequency in that area, and it is assumed tracking to support oil spill assessment
that dispersant stockpiles would be central-
and cleanup activities. Facilities oper-
ized in the Gulf area. Alternative application
ratios of peer-reviewed scientific evidence of ating exclusively on inland rivers are
improved capability may be considered upon not required to comply with this para-
submission to Coast Guard Headquarters. graph. Aerial oil tracking resources
Contact Commandant (CG–RI), Attn: Office must:
of Incident Management and Preparedness, (1) Be capable of arriving at the site
U.S. Coast Guard Stop 7516, 2703 Martin Lu- of a discharge in advance of the arrival
ther King Jr. Avenue SE., Washington, DC of response resources identified in the
20593–7516; telephone 202–372–2234.
plan for tiers 1, 2, and 3 Worst-Case
(j) The owner or operator of a facility Discharge response times, and for a dis-
handling Groups I through IV petro- tance up to 50 nautical miles from
leum oil as a primary cargo must iden- shore (excluding inland rivers);
tify in the response plan, and ensure (2) Be capable of supporting oil spill
the availability through contract or removal operations continuously for
323
§ 154.1045 33 CFR Ch. I (7–1–20 Edition)
three 10-hour operational periods dur- (l) The response plan for a facility
ing the initial 72 hours of the dis- that handles, stores, or transports
charge; Groups I through IV petroleum oils
(3) Include appropriately located air- must identify equipment and required
craft and personnel capable of meeting personnel available, by contract or
the response time requirement for oil other approved means as described in
tracking from paragraph (j)(1) of this § 154.1028(a) (1)–(4), to protect fish and
section; and wildlife and sensitive environments.
(4) Include sufficient numbers of air- (1) Except as set out in paragraph
craft, pilots, and trained observation (k)(2) of this section, the identified re-
personnel to support oil spill removal sponse resources must include the
operations, commencing upon initial quantities of boom sufficient to protect
assessment, and capable of coordi- fish and wildlife and sensitive environ-
nating on-scene cleanup operations, in- ments as required by § 154.1035(b)(4).
cluding dispersant and mechanical re- (2) The resources and response meth-
covery operations. Observation per- ods identified in a facility response
sonnel must be trained in:
plan must be consistent with the re-
(i) The protocols of oil-spill reporting quired resources and response methods
and assessment, including estimation
to be used in fish and wildlife and sen-
of slick size, thickness, and quantity;
sitive environments, contained in the
and
appropriate ACP. Facility owners or
(ii) The use of assessment techniques
operators shall ensure that their re-
in ASTM F1779–08 (incorporated by ref-
sponse plans are in accordance with the
erence, see § 154.106), and familiar with
ACP in effect 6 months prior to initial
the use of other guides, such as NOAA’s
‘‘Open Water Oil Identification Job Aid plan submission or the annual plan re-
for Aerial Observation,’’ and NOAA’s view required under § 154.1065(a). Facil-
‘‘Characteristic Coastal Habitats’’ ity owners or operators are not re-
guide (available on the Internet at quired to, but may at their option, con-
http://response.restoration.noaa.gov/use form to an ACP which is less than 6
the following links in the order pre- months old at the time of plan submis-
sented: Home|Emergency Re- sion.
sponse|Responding to Oil Spills). (m) The response plan for a facility
(k) A response plan for a facility that that handles, stores, or transports
handles, stores, or transports Group I Groups I through IV petroleum oils
through Group IV petroleum oils must must identify an oil spill removal orga-
identify response resources with fire- nization(s) with response resources
fighting capability. The owner or oper- that are available, by contract or other
ator of a facility that does not have approved means as described in
adequate firefighting resources located § 154.1028(a) (1)–(4), to effect a shoreline
at the facility or that can not rely on cleanup operation commensurate with
sufficient local firefighting resources the quantity of emulsified petroleum
must identify and ensure, by contract oil to be planned for in shoreline clean-
or other approved means as described up operations.
in § 154.1028(a)(1)–(4), the availability of (1) Except as required in paragraph
adequate firefighting resources. The re- (l)(2) of this section, the shoreline
sponse plan must also identify an indi- cleanup response resources required
vidual located at the facility to work must be determined as described in ap-
with the fire department for petroleum pendix C of this part.
oil fires. This individual shall also (2) The resources and response meth-
verify that sufficient well-trained fire-
ods identified in a facility response
fighting resources are available within
plan must be consistent with the re-
a reasonable time to respond to a worst
quired shoreline cleanup resources and
case discharge. The individual may be
methods contained in the appropriate
the qualified individual as defined in
§ 154.1020 and identified in the response ACP. Facility owners or operators

plan or another appropriate individual shall ensure that their response plans
located at the facility.
324
are in accordance with the ACP in ef- (o) The Coast Guard will continue to
fect 6 months prior to initial plan sub- evaluate the environmental benefits,
mission or the annual plan review re- cost efficiency and practicality of in-
quired under § 154.1065(a). Facility own- creasing mechanical recovery capa-
ers or operators are not required to, bility requirements. This continuing
but may at their option, conform to an evaluation is part of the Coast Guard’s
ACP which is less than 6 months old at long term commitment to achieving
the time of plan submission. and maintaining an optimum mix of oil
(n) Appendix C of this part describes spill response capability across the full
the procedures to determine the max- spectrum of response modes. As best
imum extent practicable quantity of available technology demonstrates a
response resources that must be identi- need to evaluate or change mechanical
fied and available, by contract or other recovery capacities, a review of cap in-
approved means as described in creases and other requirements con-
§ 154.1028(a) (1)–(4), for the maximum tained within this subpart may be per-
most probable discharge volume, and formed. Any changes in the require-
for each worst case discharge response ments of this section will occur
tier. through a public notice and comment
(1) Included in appendix C of this part process. During this review, the Coast
is a cap that recognizes the practical Guard will determine if established
and technical limits of response capa- caps remain practicable and if in-
bilities that an individual facility creased caps will provide any benefit to
owner or operator can be expected to oil spill recovery operations. The re-
contract for in advance. view will include, at least, an evalua-
(2) Table 5 in appendix C of this part tion of:
lists the caps that apply in February (1) Best available technologies for
18, 1993, and February 18, 1998. Depend- containment and recovery;
ing on the quantity and type of petro- (2) Oil spill tracking technology;
leum oil handled by the facility and
(3) High rate response techniques;
the facility’s geographic area of oper-
ations, the resource capability caps in (4) Other applicable response tech-
this table may be reached. The owner nologies; and
or operator of a facility whose esti- (5) Increases in the availability of
mated recovery capacity exceeds the private response resources.
applicable contracting caps in Table 5 [CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
shall identify sources of additional amended by USCG–2001–8661, 74 FR 45024,
equipment equal to twice the cap listed Aug. 31, 2009; USCG–2014–0410, 79 FR 38436,
in Tiers 1, 2, and 3 or the amount nec- July 7, 2014; USCG–2018–0874, 84 FR 30880,
essary to reach the calculated planning June 28, 2019]
volume, whichever is lower. The identi-
fied resources must be capable of arriv- § 154.1047 Response plan development
and evaluation criteria for facilities
ing on scene not later than the Tier 1, that handle, store, or transport
2, and 3 response times in this section. Group V petroleum oils.
No contract is required. While general
listings of available response equip- (a) An owner or operator of a facility
ment may be used to identify addi- that handles, stores, or transports
tional sources, a response plan must Group V petroleum oils must provide
identify the specific sources, locations, information in his or her response plan
and quantities of equipment that a fa- that identifies—
cility owner or operator has considered (1) Procedures and strategies for re-
in his or her planning. When listing sponding to a worst case discharge of
Coast Guard classified oil spill removal Group V petroleum oils to the max-
organization(s) which have sufficient imum extent practicable; and
removal capacity to recover the vol- (2) Sources of the equipment and sup-
ume above the response capability cap plies necessary to locate, recover, and
for the specific facility, as specified in mitigate such a discharge.
Table 5 in appendix C of this part, it is (b) An owner or operator of a facility

not necessary to list specific quantities that handles, stores, or transports
of equipment. Group V petroleum oil must ensure
325
§ 154.1050 33 CFR Ch. I (7–1–20 Edition)
that any equipment identified in a re- availability of adequate firefighting re-

sponse plan is capable of operating in sources. The response plan must also
the conditions expected in the geo- identify an individual located at the fa-
graphic area(s) in which the facility cility to work with the fire department
operates using the criteria in Table 1 of for petroleum oil fires. This individual
appendix C of this part. When evalu- shall also verify that sufficient well-
ating the operability of equipment, the trained firefighting resources are avail-
facility owner or operator must con- able within a reasonable response time
sider limitations that are identified in to a worst case scenario. The indi-
the ACPs for the COTP zones in which vidual may be the qualified individual
the facility operates, including— as defined in § 154.1020 and identified in
(1) Ice conditions; the response plan or another appro-
(2) Debris; priate individual located at the facil-
(3) Temperature ranges; and ity.
(4) Weather-related visibility.
(c) The owner or operator of a facil- § 154.1050 Training.
ity that handles, stores, or transports (a) A response plan submitted to
Group V petroleum oil must identify meet the requirements of § 154.1035 or
the response resources that are avail- § 154.1040, as appropriate, must identify
able by contract or other approved the training to be provided to each in-
means as described in § 154.1028. The dividual with responsibilities under the
equipment identified in a response plan plan. A facility owner or operator must
must include— identify the method to be used for
(1) Sonar, sampling equipment, or training any volunteers or casual la-
other methods for locating the petro- borers used during a response to com-
leum oil on the bottom or suspended in ply with the requirements of 29 CFR
the water column; 1910.120.
(2) Containment boom, sorbent boom, (b) A facility owner or operator shall
silt curtains, or other methods for con- ensure the maintenance of records suf-
taining the petroleum oil that may re- ficient to document training of facility
main floating on the surface or to re- personnel; and shall make them avail-
duce spreading on the bottom; able for inspection upon request by the
(3) Dredges, pumps, or other equip- U.S. Coast Guard. Records for facility
ment necessary to recover petroleum personnel must be maintained at the
oil from the bottom and shoreline; facility for 3 years.
(4) Equipment necessary to assess the (c) Where applicable, a facility owner
impact of such discharges; and or operator shall ensure that an oil
(5) Other appropriate equipment nec- spill removal organization identified in
essary to respond to a discharge involv- a response plan to meet the require-
ing the type of petroleum oil handled, ments of this subpart maintains
stored, or transported. records sufficient to document training
(d) Response resources identified in a for the organization’s personnel and
response plan for a facility that han- shall make them available for inspec-
dles, stores, or transports Group V pe- tion upon request by the facility’s
troleum oils under paragraph (c) of this management personnel, the qualified
section must be capable of being at the individual, and U.S. Coast Guard.
spill site within 24 hours of discovery Records must be maintained for 3 years
of a discharge. following completion of training.
(e) A response plan for a facility that (d) The facility owner or operator re-
handles, stores, or transports Group V mains responsible for ensuring that all
petroleum oils must identify response private response personnel are trained
resources with firefighting capability. to meet the Occupational Safety and
The owner or operator of a facility that Health Administration (OSHA) stand-
does not have adequate firefighting re- ards for emergency response operations
sources located at the facility or that in 29 CFR 1910.120.
can not rely on sufficient local fire-
fighting resources must identity and § 154.1055 Exercises.

ensure, by contract or other approved (a) A response plan submitted by an
means as described in § 154.1028, the owner or operator of an MTR facility
326
must include an exercise program con- another Area exercise for at least 6
taining both announced and unan- years.
nounced exercises. The following are (d) The facility owner or operator
the minimum exercise requirements shall ensure that adequate records of
for facilities covered by this subpart: all required exercises are maintained
(1) Qualified individual notification at the facility for 3 years. Records
exercises (quarterly). shall be made available to the Coast
(2) Spill management team tabletop Guard upon request.
exercises (annually). In a 3-year period, (e) The response plan submitted to
at least one of these exercises must in- meet the requirements of this subpart
clude a worst case discharge scenario. must specify the planned exercise pro-
(3) Equipment deployment exercises: gram. The plan must detail the exer-
(i) Semiannually for facility owned cise program, including the types of ex-
and operated equipment. ercises, frequency, scope, objectives
(ii) Annually for oil spill removal or- and the scheme for exercising the en-
ganization equipment. tire response plan every 3 years.
(f) Compliance with the National
(4) Emergency procedures exercises
Preparedness for Response Exercise
(optional).
Program (PREP) Guidelines will sat-
(5) Annually, at least one of the exer-
isfy the facility response plan exercise
cises listed in § 154.1055(a)(2) through (4)
requirements. These guidelines are
must be unannounced. Unannounced
available from the TASC DEPT Ware-
means the personnel participating in
house, 33141Q 75th Avenue, Landover,
the exercise must not be advised in ad-
MD 20875 (fax: 301–386–5394, stock num-
vance, of the exact date, time and sce-
ber USCG–X0241). Compliance with an
nario of the exercise.
alternative program that meets the re-
(6) The facility owner or operator quirements of paragraph (a) of this sec-
shall design the exercise program so tion and has been approved under
that all components of the response § 154.1060 will also satisfy the facility
plan are exercised at least once every 3 response plan exercise requirements.
years. All of the components do not
have to be exercised at one time; they NOTE TO PARAGRAPH (f): The PREP guide-
may be exercised over the 3-year period lines are available online at http://
through the required exercises or dmses.dot.gov/docimages/pdf1a/198001lweb.pdf.
through an Area exercise. [CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
(b) A facility owner or operator shall amended by USCGD–2003–15404, 68 FR 37741,
participate in unannounced exercises, June 25, 2003]
as directed by the COTP. The objec-
tives of the unannounced exercises will § 154.1057 Inspection and maintenance
of response resources.
be to test notifications and equipment
deployment for response to the average (a) A facility owner or operator re-
most probable discharge. After partici- quired to submit a response plan under
pating in an unannounced exercise di- this part must ensure that—
rected by a COTP, the owner or oper- (1) Containment booms, skimmers,
ator will not be required to participate vessels, and other major equipment
in another COTP initiated unan- listed or referenced in the plan are pe-
nounced exercise for at least 3 years riodically inspected and maintained in
from the date of the exercise. good operating condition, in accord-
(c) A facility owner or operator shall ance with manufacturer’s rec-
participate in Area exercises as di- ommendations, and best commercial
rected by the applicable On-Scene Co- practices; and
ordinator. The Area exercises will in- (2) All inspection and maintenance is
volve equipment deployment to re- documented and that these records are
spond to the spill scenario developed by maintained for 3 years.
the Exercise Design Team, of which the (b) For equipment which must be in-
facility owner or operator will be a spected and maintained under this sec-
member. After participating in an Area tion the Coast Guard may—

exercise, a facility owner or operator (1) Verify that the equipment inven-
will not be required to participate in tories exist as represented;
327
§ 154.1060 33 CFR Ch. I (7–1–20 Edition)
(2) Verify the existences of records period will commence on the date the
required under this section; COTP approves the plan.
(3) Verify that the records of inspec- (3) All resubmitted response plans
tion and maintenance reflect the ac- shall be accompanied by a cover letter
tual condition of any equipment listed containing a detailed listing of all revi-
or referenced; and sions to the response plan.
(4) Inspect and require operational (f) For an MTR facility identified in
tests of equipment. § 154.1015(c)(2) the COTP will notify the
(c) This section does not apply to facility owner or operator in writing
containment booms, skimmers, vessels, that the plan is approved.
and other major equipment listed or (g) If a COTP determines that a plan
referenced in the plan and ensured does not meet the requirements of this
available from an oil spill removal or- subpart either upon initial submission
ganization through the written consent or upon 5-year resubmission, the COTP
required under § 154.1028(a)(5). will return the plan to the facility
owner or operator along with an expla-
§ 154.1060 Submission and approval nation of the response plan’s defi-
procedures. ciencies. The owner or operator must
correct any deficiencies in accordance
(a) The owner or operator of a facil-
with § 154.1070 and return the plan to
ity to which this subpart applies shall
the COTP within the time specified by
submit one copy of a facility response
the COTP in the letter describing the
plan meeting the requirements of this
deficiencies.
subpart to the COTP for initial review
(h) The facility owner or operator
and, if appropriate, approval.
and the qualified individual and the al-
(b) The owner or operator of a facil- ternative qualified individual shall
ity to which this subpart applies shall each maintain a copy of the most cur-
include a statement certifying that the rent response plan submitted to the
plan meets the applicable requirements COTP. One copy must be maintained at
of subparts F, G, H, and I of this part, the facility in a position where the
as appropriate. plan is readily available to persons in
(c) For an MTR facility that is lo- charge of conducting transfer oper-
cated in the inland response zone where ations.
the EPA Regional Administrator is the
predesignated Federal On-Scene Coor- § 154.1065 Plan review and revision
dinator, the COTP may consult with procedures.
the EPA Federal On-Scene Coordinator (a) A facility owner or operator must
prior to any final approval. review his or her response plan(s) annu-
(d) For an MTR facility identified in ally. This review shall incorporate any
§ 154.1015(c) of this subpart that is also revisions to the plan, including listings
required to prepare a response plan of fish and wildlife and sensitive envi-
under 40 CFR part 112, if the COTP de- ronments identified in the ACP in ef-
termines that the plan meets all appli- fect 6 months prior to plan review.
cable requirements and the EPA Re- (1) For an MTR facility identified in
gional Administrator raises no objec- § 154.1015(c) of this subpart as a ‘‘sig-
tion to the response plan contents, the nificant and substantial harm facil-
COTP will notify the facility owner or ity,’’ this review must occur within 1
operator in writing that the plan is ap- month of the anniversary date of COTP
proved. approval of the plan. For an MTR facil-
(e) The plan will be valid for a period ity identified in § 154.1015(b) of this sub-
of up to 5 years. The facility owner or part, as a ‘‘substantial harm facility’’
operator must resubmit an updated this review must occur within 1 month
plan every 5 years as follows: of the anniversary date of submission
(1) For facilities identified in only of the plan to the COTP.
§ 154.1015(b) of this subpart, the 5-year (2) The facility owner or operator
period will commence on the date the shall submit any revision(s) to the re-
plan is submitted to the COTP. sponse plan to the COTP and all other
(2) For facilities identified in holders of the response plan for infor-
§ 154.1015(c) of this subpart, the 5-year mation or approval, as appropriate.
328
(i) Along with the revisions, the facil- (c) Except as required in paragraph
ity owner or operator shall submit a (b) of this section, revisions to per-
cover letter containing a detailed list- sonnel and telephone number lists in-
ing of all revisions to the response cluded in the response plan do not re-
plan. quire COTP approval. The COTP and
(ii) If no revisions are required, the all other holders of the response plan
facility owner or operator shall indi- shall be advised of these revisions and
cate the completion of the annual re- provided a copy of the revisions as they
view on the record of changes page. occur.
(iii) The COTP will review the revi- (d) The COTP may require a facility
sion(s) submitted by the owner or oper- owner or operator to revise a response
ator and will give written notice to the plan at any time as a result of a com-
owner or operator of any COTP objec- pliance inspection if the COTP deter-
tion(s) to the proposed revisions within mines that the response plan does not
30 days of the date the revision(s) were meet the requirements of this subpart
submitted to the COTP. The revisions or as a result of inadequacies noted in
shall become effective not later than 30 the response plan during an actual pol-
days from their submission to the lution incident at the facility.
COTP unless the COTP indicates other-
(e) If required by § 154.1035(b)(3) or
wise in writing as provided in this
§ 154.1045, a new or existing facility
paragraph. If the COTP indicates that
the revision(s) need to be modified be- owner or operator must submit the re-
fore implementation, the owner or op- quired dispersant and aerial oil track-
erator will modify the revision(s) with- ing resource revisions to a previously
in the time period set by the COTP. submitted or approved plan, made pur-
(3) Any required revisions must be suant to § 154.1035(b)(3) or § 154.1045, to
entered in the plan and noted on the the COTP and all other holders of the
record of changes page. response plan for information or ap-
(b) The facility owner or operator proval no later than February 22, 2011.
shall submit revisions to a previously [CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
submitted or approved plan to the amended by USCG–2001–8661, 74 FR 45025,
COTP and all other holders of the re- Aug. 31, 2009]
sponse plan for information or approval
within 30 days, whenever there is— § 154.1070 Deficiencies.
(1) A change in the facility’s configu- (a) The cognizant COTP will notify
ration that significantly affects the in- the facility owner or operator in writ-
formation included in the response ing of any deficiencies noted during re-
plan; view of a response plan, drills observed
(2) A change in the type of oil (petro-
by the Coast Guard, or inspection of
leum oil group) handled, stored, or
equipment or records maintained in
transported that affects the required
connection with this subpart.
response resources;
(3) A change in the name(s) or capa- (b) Deficiencies shall be corrected
bilities of the oil spill removal organi- within the time period specified in the
zation required by § 154.1045; written notice provided by the COTP.
(4) A change in the facility’s emer- The facility owner or operator who dis-
gency response procedures; agrees with a deficiency issued by the
(5) A change in the facility’s oper- COTP may appeal the deficiency to the
ating area that includes ports or geo- cognizant COTP within 7 days or the
graphic area(s) not covered by the pre- time specified by the COTP to correct
viously approved plan. A facility may the deficiency, whichever is less. This
not operate in an area not covered in a time commences from the date of re-
plan previously submitted or approved, ceipt of the COTP notice. The owner or
as appropriate, unless the revised plan operator may request a stay from the
is approved or interim operating ap- COTP decision pending appeal in ac-
proval is received under § 154.1025; or cordance with § 154.1075.
(6) Any other changes that signifi- (c) If the facility owner or operator
cantly affect the implementation of fails to correct any deficiencies or sub-
the plan. mit a written appeal, the COTP may
329
§ 154.1075 33 CFR Ch. I (7–1–20 Edition)
invoke the provisions of § 154.1025 pro- cision or action being appealed pending
hibiting the facility from storing, han- the determination of the appeal.
dling, or transporting oil.
[CGD 91–036, 61 FR 7930, Feb. 29, 1996, as
§ 154.1075 Appeal process. 1996; USCG–2010–0351, 75 FR 36284, June 25,
(a) Any owner or operator of a facil- 2010]
ity who desires to appeal the classifica-
tion that a facility could reasonably be Subpart G—Additional Response
expected to cause substantial harm or Plan Requirements for a Trans-
significant and substantial harm to the Alaska Pipeline Authorization
environment, shall submit a written Act (TAPAA) Facility Oper-
request to the cognizant COTP request-
ating in Prince William Sound,
ing review and reclassification by the
COTP. The facility owner or operator
Alaska
shall identify those factors to be con-
sidered by the COTP. The factors to be SOURCE: CGD 91–036, 61 FR 7930, Feb. 29,
considered by the COTP regarding re- 1996, unless otherwise noted.
classification of a facility include, but § 154.1110 Purpose and applicability.
are not limited to, those listed in
§ 154.1016(b). After considering all rel- (a) This subpart establishes oil spill
evant material presented by the facil- response planning requirements for a
ity owner or operator and any addi- facility permitted under the Tans-Alas-
tional material available to the COTP, ka Pipeline Authorization Act
the COTP will notify the facility owner (TAPAA), in addition to the require-
or operator of the decision on the re- ments of subpart F of this part. The re-
classification of the facility. quirements of this subpart are intended
(b) Any facility owner or operator di- for use in developing response plans
and identifying response resources dur-
rectly affected by an initial determina-
ing the planning process. They are not
tion or action of the COTP may submit
performance standards.
a written request to the cognizant
(b) The information required by this
COTP requesting review and reconsid-
subpart must be included in the Prince
eration of the COTP’s decision or ac-
William Sound facility-specific appen-
tion. The facility owner or operator
dix to the facility response plan re-
shall identify those factors to be con-
quired by subpart F of this part.
sidered by the COTP in making his or
her decision on reconsideration. § 154.1115 Definitions.
(c) Within 10 days of the COTP’s deci-
sion under paragraph (b) of this sec- In addition to the definitions in this
tion, the facility owner or operator section, the definitions in §§ 154.105 and
154.1020 apply to this subpart. As used
may appeal the decision of the COTP to
in this subpart—
the District Commander. This appeal
shall be made in writing via the cog- Crude oil means any liquid hydro-
carbon mixture occurring naturally in
nizant COTP to the District Com-
the earth, whether or not treated to
mander of the district in which the of-
render it suitable for transportation,
fice of the COTP is located.
and includes crude oil from which cer-
(d) Within 30 days of the District
tain distillate fractions may have been
Commander’s decision, the facility removed, and crude oil to which cer-
owner or operator may formally appeal tain distillate fractions may have been
the decision of the District Com- added.
mander. This appeal shall be submitted Non-crude oil means any oil other
in writing to Commandant (CG–535) via than crude oil.
the District Commander. Prince William Sound means all State
(e) When considering an appeal, the and Federal waters within Prince Wil-
COTP, District Commander, or Com- liam Sound, Alaska, including the ap-
mandant may stay the effect of the de- proach to Hinchinbrook Entrance out
to and encompassing Seal Rocks.
330
§ 154.1120 Operating restrictions and (2) Exercises. Identification of exer-

interim operating authorization. cise procedures that must—
(a) The owner or operator of a (i) Provide for two exercises of the oil
TAPAA facility may not operate in spill removal organization each year
Prince William Sound, Alaska, unless that test the ability of the
the requirements of this subpart as prepositioned equipment and trained
well as § 154.1025 have been met. The personnel required under this subpart
owner or operator of a TAPAA facility to perform effectively;
shall certify to the COTP that he or (ii) Consist of both announced and
she has provided, through an oil spill unannounced drills; and
removal organization required by (iii) Include design(s) for exercises
§ 154.1125, the necessary response re- that test either the entire appendix or
sources to remove, to the maximum ex- individual components(s).
tend practicable, a worst case dis- (3) Testing, inspection, and certifi-
charge or a discharge of 200,000 barrels cation. Identification of a testing, in-
of oil, whichever is grater, in Prince specting, and certification program for
William Sound. the prepositioned response equipment
(b) Coast Guard approval of a TAPAA required in § 154.1130 that must provide
facility response plan is effective only for—
so long as the appropriate Regional
(i) Annual testing and equipment in-
Citizens Advisory Council(s) is funded
spection in accordance with the manu-
pursuant to the requirements of sec-
facturer’s recommended procedures, to
tion 5002(k) of the Oil Pollution Act of
include—
1990 (Pub. L. 101–380; 104 Stat. 484, 550).
(A) Start-up and running under load
§ 154.1125 Additional response plan re- all electrical motors, pumps, power
quirements. packs, air compressors, internal com-
(a) The owner or operator of a bustion engines, and oil recovery de-
TAPAA facility shall include the fol- vices; and
lowing information in the Prince Wil- (B) Removal for inspection of no less
liam Sound appendix to the response than one-third of required boom from
plan required by subpart F of this part: storage annually, such that all boom
(1) Oil spill removal organization. Iden- will have been removed and inspected
tification of an oil spill removal orga- within a period of 3 years; and
nization that shall— (ii) Records of equipment tests and
(i) Perform response activities; inspection.
(ii) Provide oil spill removal and con- (iii) Use of an independent entity to
tainment training, including training certify that the equipment is on-site
in the operation of prepositioned equip- and in good operating condition and
ment for personnel, including local that required tests and inspection have
residents and fishermen, from the fol- been preformed. The independent enti-
lowing locations in Prince William ty must have appropriate training and
Sound: expertise to provide this certification.
(A) Valdez; (4) Prepositioned response equipment.
(B) Tatitlek;
Identification and location of the
(C) Cordova;
prepositioned response equipment re-
(D) Whittier;
(E) Chenega; and quired in § 154.1130 including the make,
(F) Fish hatcheries located at Port model, and effective daily recovery
San Juan, Main Bay, Esther Island, rate of each oil recovery resource.
Cannery Creek, and Solomon Gulch. (b) The owner or operator of a
(iii) Provide a plan for training, in TAPAA facility shall submit to the
addition to the personnel listed in COTP a schedule for the training and
paragraph (a)(1)(ii) of this section, suf- drills required by the geographic-spe-
ficient numbers of trained personnel to cific appendix for Prince William
remove, to the maximum extent prac- Sound for the following calendar year.
ticable, a worst case discharge; and (c) All records required by this sec-
(iv) Address the responsibilities re- tion must be available for inspection
quired in § 154.1035(b)(3)(iii). by the COTP.
331
§ 154.1130 33 CFR Ch. I (7–1–20 Edition)
§ 154.1130 Requirements for rival time in Prince William Sound for

prepositioned response equipment. the response resources required by
The owner or operator of a TAPAA § 154.1045:
facility shall provide the following Tier 1 Tier 2 tier 3
prepositioned response equipment, lo- (hrs.) (hrs.) (hrs.)
cated within Prince William Sound, in Prince William Sound Area ....... 12 24 36
addition to that required by § 154.1035,
§ 154.1045, or § 154.1050:
(a) On-water recovery equipment § 154.1140 TAPAA facility contracting
with a vessel.
with a minimum effective daily recov-
ery rate of 30,000 barrels capable of The owner or operator of a TAPAA
being a scene within 2 hours of notifi- facility may contract with a vessel
cation of a discharge. owner or operator to meet some of all
(b) On-water storage capacity of of the requirements of subpart G of
100,000 barrels for recovered oily mate- part 155 of this chapter. The extent to
rial capable of being on scene within 2 which these requirements are met by
hours of notification of a discharge. the contractual arrangement will be
(c) On-water recovery equipment determined by the COTP.
with a minimum effective daily recov-
ery rate of 40,000 barrels capable of Subpart H—Response Plans for
being on scene within 18 hours of noti- Animal Fats and Vegetable
fication of discharge. Oils Facilities
(d) On-water storage capacity of
300,000 barrels for recovered oily mate- SOURCE: CGD 91–036, 61 FR 7931, Feb. 29,
rial capable of being on scene within 12 1996, unless otherwise noted.
hours of notification of a discharge.
(e) On-water recovery devices and § 154.1210 Purpose and applicability.
storage equipment located in commu- (a) The requirements of this subpart
nities at strategic locations. are intended for use in developing re-
(f) Equipment as identified below, for sponse plans and identifying response
the locations identified in resources during the planning process.
§ 154.1125(a)(1)(ii) sufficient for the pro- They are not performance standards.
tection of the environment in these lo- (b) This subpart establishes oil spill
cations: response planning requirements for an
(1) Boom appropriate for the specific owner or operator of a facility that
locations. handles, stores, or transports animal
(2) Sufficient boats to deploy boom fats or vegetable oils including—
and sorbents. (1) A fixed MTR facility capable of
(3) Sorbent materials. transferring oil in bulk, to or from a
(4) Personnel protective clothing and vessel with a capacity of 250 barrels or
equipment. more; and
(5) Survival equipment. (2) A mobile MTR facility used or in-
(6) First aid supplies. tended to be used to transfer oil to or
(7) Buckets, shovels, and various from a vessel with a capacity of 250
other tools. barrels or more.
(8) Decontamination equipment.
(9) Shoreline cleanup equipment. [USCG–1999–5149, 65 FR 40825, June 30, 2000]
(10) Mooring equipment.
(11) Anchored buoys at appropriate § 154.1216 Facility classification.
locations to facilitate the positioning (a) The Coast Guard classifies facili-
of defensive boom. ties that handle, store, or transport
(12) Other appropriate removal equip- animal fats or vegetable oils as ‘‘sub-
ment for the protection of the environ- stantial harm’’ facilities because they
ment as identified by the COTP. may cause substantial harm to the en-
vironment by discharging oil.
§ 154.1135 Response plan development (b) The COTP may change the classi-
and evaluation criteria. fication of a facility that handles,

The following response times must be stores, or transports animal fats or
used in determining the on scene ar- vegetable oils. The COTP may consider
332
the following factors, and any other charge of an animal fat or vegetable oil
relevant factors, before changing the to the maximum extent practicable;
classification of a facility: and
(1) The type and quantity of oils han- (2) Sources of the equipment and sup-
dled. plies necessary to locate, recover, and
(2) The spill history of the facility. mitigate such a discharge.
(3) The age of the facility. (b) The owner or operator of a fixed
(4) The public and commercial water facility must ensure the equipment
supply intakes near the facility. listed in the response plan will operate
(5) The navigable waters near the fa- in the geographic area(s) where the fa-
cility. Navigable waters is defined in 33 cility operates. To determine if the
CFR part 2.36. equipment will operate, the owner or
(6) The fish, wildlife, and sensitive operator must—
environments near the facility. (1) Use the criteria in Table 1 and
[USCG–1999–5149, 65 FR 40825, June 30, 2000, as Section 2 of appendix C of this part;
amended by USCG–2008–0179, 73 FR 35014, and
June 19, 2008] (2) Consider the limitations in the
area contingency plan for the COTP
§ 154.1220 Response plan submission zone where the facility is located, in-
requirements. cluding
(a) The owner or operator of an MTR (i) Ice conditions;
facility identified in § 154.1216 as a sub- (ii) Debris;
stantial harm facility, shall prepare (iii) Temperature ranges; and
and submit to the cognizant COTP a (iv) Weather-related visibility.
response plan that complies with this (c) The owner or operator of a facil-
subpart and all sections of subpart F of ity that handles, stores, or transports
this part, as appropriate, except animal fats or vegetable oils must
§§ 154.1015, 154.1016, 154.1017, 154.1028, name the personnel and list the equip-
154.1045 and 154.1047. ment, including those that are speci-
(b) The owner or operator of an MTR fied in § 154.1240, that are available by
facility classified by the COTP under contract or by a method described in
§ 154.1216(b) as a significant and sub- § 154.1228(a). The owner or operator is
stantial harm facility, shall prepare not required, but may at their option,
and submit for review and approval of refer to the tables in Environmental
the cognizant COTP a response plan Protection Agency regulations, 40 CFR
that complies with this subpart and all 112, Appendix E, Section 10.0, Tables 6
sections of subpart F of this part, as and 7, to determine necessary response
appropriate, except §§ 154.1015, 154.1016, resources.
154.1017, 154.1028, 154.1045 and 154.1047. (d) The owner or operator of a facil-
(c) In addition to the requirements in ity that handles, stores, or transports
paragraph (a) of this section, the re- animal fats or vegetable oils must en-
sponse plan for a mobile MTR facility sure that the response resources in
must meet the requirements of paragraph (c) of this section are able to
§ 154.1041 subpart F. effectively respond to an incident with-
in the amount of time indicated in the
[USCG–1999–5149, 65 FR 40825, June 30, 2000] following table, unless otherwise speci-
§ 154.1225 Specific response plan de- fied in § 154.1240:
velopment and evaluation criteria Tier 1
and other requirements for fixed fa- Tier 2 Tier 3
(hrs.)
cilities that handle, store, or trans-
port animal fats or vegetable oils. Higher volume port 6 N/A N/A.
area.
(a) The owner or operator of a fixed Great Lakes ............... 12 N/A N/A.
facility that handles, stores, or trans- All other river and 12 N/A N/A.
canal, inland, near-
ports animal fats or vegetable oils shore, and offshore
must include information in the re- areas.
sponse plan that identifies—
(1) The procedures and strategies for (e) The owner or operator of a facil-
responding to a worst case discharge ity that handles, stores, or transports
and to an average most probable dis- animal fats or vegetable oils must—
333
§ 154.1225 33 CFR Ch. I (7–1–20 Edition)
(1) List in the plan the personnel and lons, the owner or operator must meet
equipment that the owner or operator the requirements of § 154.1041, and en-
will use to fight fires. sure and identify, through contract or
(2) If there is not enough equipment a method described in § 154.1228, re-
or personnel located at the facility, ar- sponse resources for an average most
range by contract or a method de- probable discharge, including—
scribed in § 154.1228(a), or through a co- (1) At least 200 feet of containment
operative agreement with public fire- boom and the means of deploying and
fighting resources, to have the nec- anchoring the boom within 1 hour of
essary personnel and equipment avail- the discovery of an incident. Based on
able to fight fires. site-specific or facility-specific infor-
(3) Identify an individual located at mation, the COTP may require the fa-
the facility who will work with the fire
cility owner or operator to make avail-
department on fires, involving an ani-
able additional quantities of contain-
mal fat or vegetable oil. The indi-
ment boom within 1 hour of the dis-
vidual—
covery of an incident;
(i) Verifies that there are enough
trained personnel and operating equip- (2) Adequate sorbent material capa-
ment within a reasonable distance to ble of being at the site of an incident
the incident to fight fires. within 1 hour of its discovery;
(ii) Can be the qualified individual (3) Oil recovery devices and recovered
defined in § 154.1020 or an appropriate oil storage capacity capable of being at
individual located at the facility. incident’s site within 2 hours of the
(f) For a fixed facility, except for fa- discovery of an incident; and
cilities that are part of a non-transpor- (4) Other equipment necessary to re-
tation-related fixed onshore facility spond to an incident involving the type
with a storage capacity of less than of oil handled.
42,000 gallons, the owner or operator (h) The response plan for a facility
must also ensure and identify, through that is located in any environment
contract or a method described in with year-round preapproval for use of
§ 154.1228, response resources for an av- dispersants and that handles, stores, or
erage most probable discharge, includ- transports animal fats and vegetables
ing— oils may request a credit for up to 25
(1) At least 1,000 feet of containment percent of the worst case planning vol-
boom or two times the length of the ume set forth by subpart F of this part.
longest vessel that regularly conducts To receive this credit, the facility
operations at the facility, whichever is
owner or operator must identify in the
greater, and the means of deploying
plan and ensure, by contract or other
and anchoring the boom within 1 hour
approved means as described in
of the discovery of an incident. Based
§ 154.1228(a), the availability of speci-
on site-specific or facility-specific in-
formation, the COTP may require the fied resources to apply the dispersants
facility owner or operator to make and to monitor their effectiveness. The
available additional quantities of con- extent of the credit for dispersants will
tainment boom within 1 hour of an in- be based on the volumes of the
cident; dispersants available to sustain oper-
(2) Adequate sorbent material located ations at the manufacturers’ rec-
at the facility; ommended dosage rates. Other spill
(3) Oil recovery devices and recovered mitigation techniques, including me-
oil storage capacity capable of being at chanical dispersal, may be identified in
the incident’s site within 2 hours of the the response plan provided they are in
discovery of an incident; and accordance with the NCP and the appli-
(4) Other appropriate equipment nec- cable ACP. Resources identified for
essary to respond to an incident involv- plan credit should be capable of being
ing the type of oil handled. on scene within 12 hours of a discovery
(g) For a mobile facility or a fixed fa- of a discharge. Identification of these
cility that is part of a non-transpor- resources does not imply that they will
tation-related onshore facility with a be authorized for use. Actual author-
storage capacity of less than 42,000 gal- ization for use during a spill response
334
will be governed by the provisions of (b) The contracts and documents re-
the NCP and the applicable ACP. quired in paragraph (a) of this section
must be retained at the facility and
[CGD 91–036, 61 FR 7931, Feb. 29, 1996, as
must be produced for review upon re-
June 30, 2000] quest by the COTP.
§ 154.1228 Methods of ensuring the § 154.1240 Specific requirements for

availability of response resources animal fats and vegetable oils facili-
by contract or other approved ties that could reasonably be ex-
means. pected to cause substantial harm to
the environment.
(a) When required in this subpart, the
(a) The owner or operator of a facil-
availability of response resources must
ity, classified under § 154.1216 as a facil-
be ensured by the following methods:
ity that could reasonably be expected
(1) The identification of an oil spill to cause substantial harm to the envi-
removal organization with specified ronment, must submit a response plan
equipment and personnel available that meets the requirements of
within stipulated response times in § 154.1035, except as modified by this
specified geographic areas. The organi- section.
zation must provide written consent to (b) The plan does not need to list the
being identified in the plan; facility or corporate organizational
(2) A document which— structure that the owner or operator
(i) Identifies the personnel, equip- will use to manage the response, as re-
ment, and services capable of being quired by § 154.1035(b)(3)(iii).
provided by the oil spill removal orga- (c) The owner or operator must en-
nization within stipulated response sure and identify, by contract or a
times in the specified geographic areas; method described in § 154.1228, that the
(ii) Sets out the parties’ acknowledg- response resources required under
ment that the oil spill removal organi- § 154.1035(b)(3)(iv) are available for a
zation intends to commit the resources worst case discharge.
in the event of a response;
[USCG–1999–5149, 65 FR 40827, June 30, 2000]
(iii) Permits the Coast Guard to
verify the availability of the identified
response resources through tests, in- Subpart I—Response Plans for
spections, and drills; Other Non-Petroleum Oil Facilities
(iv) Is referenced in the response
plan; SOURCE: CGD 91–036, 61 FR 7932, Feb. 29,
(3) Active membership in a local or 1996, unless otherwise noted.
regional oil spill removal organization
that has identified specified personnel § 154.1310 Purpose and applicability.
and equipment required under this sub- This subpart establishes oil spill re-
part that are available to response to a sponse planning requirements for an
discharge within stipulated response owner or operator of a facility that
times in the specified geographic areas; handles, stores, or transports other
(4) Certification by the facility owner non-petroleum oils. The requirements
or operator that specified personnel of this subpart are intended for use in
and equipment required under this sub- developing response plans and identi-
part are owned, operated, or under the fying response resources during the
direct control of the facility owner or planning process. They are not per-
operator, and are available within stip- formance standards.
ulated response times in the specified
geographic areas; or § 154.1320 Response plan submission
(5) A written contractual agreement requirements.
with an oil spill removal organization. An owner or operator of a facility
The agreement must identify and en- that handles, stores, or transports
sure the availability of specified per- other non-petroleum oils shall submit
sonnel and equipment required under a response plan in accordance with the
this subpart within stipulated response requirements of this subpart, and with
times in the specified geographic areas. all sections of subpart F of this part,
335
§ 154.1325 33 CFR Ch. I (7–1–20 Edition)
except §§ 154.1045 and 154.1047, which within the times specified in this para-
apply to petroleum oils. graph for the applicable operating area:
§ 154.1325 Response plan development Tier Tier Tier

1
and evaluation criteria for facilities (hrs.) 2 3
that handle, store, or transport
other non-petroleum oils. Higher volume port area ....................... 6 N/A N/A
Great Lakes .......................................... 12 N/A N/A
(a) An owner or operator of a facility All other river and canal, inland, near-
that handles, stores, or transports shore, and offshore areas ................. 12 N/A N/A
other non-petroleum oils must provide
information in his or her plan that (e) A response plan for a facility that
identifies— handles, stores, or transports other
(1) Procedures and strategies for re- non-petroleum oils must identify re-
sponding to a worst case discharge of sponse resources with firefighting ca-
other non-petroleum oils to the max- pability. The owner or operator of a fa-
imum extent practicable; and cility that does not have adequate fire-
(2) Sources of the equipment and sup- fighting resources located at the facil-
plies necessary to locate, recover, and ity or that cannot rely on sufficient
mitigate such a discharge. local firefighting resources must iden-
(b) An owner or operator of a facility tify and ensure, by contract or other
that handles, stores, or transports approved means as described in
other non-petroleum oils must ensure § 154.1028(a), the availability of ade-
that any equipment identified in a re- quate firefighting resources. The re-
sponse plan is capable of operating in sponse plan must also identify an indi-
the conditions expected in the geo- vidual located at the facility to work
graphic area(s) in which the facility with the fire department on other non-
operates using the criteria in Table 1 of petroleum oil fires. This individual
appendix C of this part. When evalu- shall also verify that sufficient well-
ating the operability of equipment, the trained firefighting resources are avail-
facility owner or operator must con- able within a reasonable response time
sider limitations that are identified in to a worst case scenario. The indi-
the ACPs for the COTP zone in which vidual may be the qualified individual
the facility is located, including— as defined in § 154.1020 and identified in
(1) Ice conditions; the response plan or another appro-
(2) Debris; priate individual located at the facil-
(3) Temperature ranges; and ity.
(4) Weather-related visibility. (f) The response plan for a facility
(c) The owner or operator of a facil- that is located in any environment
ity that handles, stores, or transports with year-round preapproval for use of
other non-petroleum oils must identify dispersants and that handles, stores, or
the response resources that are avail- transports other non-petroleum oils
able by contract or other approved may request a credit for up to 25 per-
means as described in § 154.1028(a). The cent of the worst case planning volume
equipment identified in a response plan set forth by subpart F of this part. To
must include— receive this credit, the facility owner
(1) Containment boom, sorbent boom, or operator must identify in the plan
or other methods for containing oil and ensure, by contract or other ap-
floating on the surface or to protect proved means as described in
shorelines from impact; § 154.1028(a), the availability of speci-
(2) Oil recovery devices appropriate fied resources to apply the dispersants
for the type of other non-petroleum and to monitor their effectiveness. The
oils handled; and extent of the credit will be based on
(3) Other appropriate equipment nec- the volumes of the dispersant available
essary to respond to a discharge involv- to sustain operations at the manufac-
ing the type of oil handled. turers’ recommended dosage rates.
(d) Response resources identified in a Identification of these resources does
response plan under paragraph (c) of not imply that they will be authorized
this section must be capable of com- for use. Actual authorization for use
mencing an effective on-scene response during a spill response will be governed
336
by the provisions of the NCP and the after its approval and receives cargo
applicable ACP. vapor only from the specific vessels for
which it was originally approved.
Subparts J–O [Reserved] (d) A facility that uses a vapor bal-
ancing system to transfer vapor from a
Subpart P—Marine Vapor Control railcar or a tank truck to a vessel
Systems cargo tank while offloading the vessel
must obtain approval in writing from
the Commandant and make that ap-
SOURCE: USCG–1999–5150, 78 FR 42618, July
proval available for Coast Guard in-
spection upon request.
GENERAL (e) A facility that transfers vapor
from a facility tank to a cargo tank of
§ 154.2000 Applicability. a vessel which is not offloading cargo
(a) Except as specified by paragraphs must obtain approval in writing from
(b) through (g) of this section, this sub- the Commandant and make that ap-
part applies to— proval available for Coast Guard in-
(1) Each facility that controls vapors spection upon request.
emitted to or from vessel cargo tanks; (f) A tank vessel that has a perma-
(2) A vessel, other than a tank vessel, nent or portable vapor processing unit
that has a vapor processing unit lo- located onboard must comply with ap-
cated onboard for recovery, destruc- plicable requirements of this subpart
tion, or dispersion of vapors from a and 46 CFR part 39.
tank vessel’s cargo tanks; (g) This subpart does not apply to the
(3) Certifying entities that review, in- collection of vapors of liquefied flam-
spect, test, and certificate facility mable gases as defined in 46 CFR 30.10–
vapor control systems (VCSs); or 39.
(4) A facility VCS that receives cargo (h) This subpart does not require a
vapor from a vessel when the VCS is facility or a vessel to control vapor, or
connected to a facility’s main VCS a vessel to take away vapor from facili-
that serves plant processing areas, ties; however, if a facility operates a
such as tank storage areas or tank VCS to control vapor to or from ves-
truck or railcar loading areas, unre- sels, the facility must comply with the
lated to tank vessel operations. The re- requirements of this subpart.
quirements of this subpart apply be- (i) In this subpart, regulatory meas-
tween the vessel vapor connection and urements, whether in the metric or
the point where the VCS connects to English system, are sometimes fol-
the facility’s main VCS. lowed by approximate equivalent meas-
(b) Each facility VCS that began op- urements in parentheses, which are
erating on or after July 23, 1990, and given solely for the reader’s conven-
that is certified as in compliance with
ience. Regulatory compliance with the
33 CFR part 154, subpart E on August
regulatory measurement is required.
15, 2013, or each existing tank barge
cleaning facility VCS that meets the § 154.2001 Definitions.
safety Standards of Navigation and
Vessel Inspection Circular No. 1–96, As used in this subpart only:
must comply with 33 CFR part 154, sub- Ambient temperature means the tem-
part P by August 15, 2016. Certifi- perature of the environment in which
cations, approvals of alternatives, and an experiment is conducted or in which
grants of exemption in effect on Au- any physical or chemical event occurs.
gust 15, 2013, remain in effect after that Barge cargo connection means the
date and as specified in the certifi- point in a barge’s cargo system where
cation, approval, or grant. it connects with the hose assembly or
(c) A facility with a Coast Guard-ap- loading arm used for cargo transfer.
proved VCS operating prior to July 23, Barge vapor connection means the
1990, must comply with 33 CFR 154.2150 point in a barge’s piping system where
but otherwise need not comply with it connects to a vapor collection hose
this subpart so long as it does not have or arm. This may be the same as the
any design or configuration alterations barge’s cargo connection as it controls
337
§ 154.2001 33 CFR Ch. I (7–1–20 Edition)
vapors during barge cargo tank-clean- than the diameter of the pipe in which
ing operations. it is installed.
Base loading means a method of Elevated temperature means the tem-
inerting, enriching, or diluting such perature that exceeds 70 percent of the
that sufficient inerting, enriching, or auto-ignition temperature, in degrees
diluting gas, for the worst concentra- Celsius, of the vapors being collected.
tion of vapor coming from the vessel, is Enriching means introducing a flam-
injected into the vapor line during the mable gas with the objective of raising
entire loading operation so that the the hydrocarbon content of a vapor
vapor mixture is inerted, enriched, or mixture above the upper flammable
diluted at the maximum loading rate. limit so that it will not burn.
For inerting and enriching systems, Existing vapor control system means a
‘‘worst concentration’’ means the vapor control system that satisfies the
vapor stream contains no cargo vapor. requirements of 33 CFR part 154, sub-
For a diluting system, ‘‘worst con- part E as certified by a certifying enti-
centration’’ means the vapor stream is ty, or a tank barge cleaning facility
saturated with cargo vapor. vapor control system that meets the
Captain of the Port (COTP) means the safety Standards of Navigation and
Coast Guard Captain of the Port as de- Vessel Inspection Circular No. 1–96 as
fined in 33 CFR 154.105. certified by a certifying entity or ap-
Certifying entity means an individual proved by the U.S. Coast Guard, and
or organization accepted by the Com- that began operating prior to August
mandant to review plans, data, and cal- 15, 2013.
culations for vapor control system de- Facility main vapor control system
signs and to conduct inspections and means a vapor control system that pri-
observe tests of vapor control system marily serves facility processing areas
installations. unrelated to tank vessel operations,
Cleaning operation means any strip- such as the plant process, tank storage
ping, gas-freeing, or tank-washing op- areas, or tank truck or railcar loading
eration of a barge’s cargo tanks con- areas.
ducted at a cleaning facility. Facility operations manual means the
Combustible liquid means any liquid manual required by 33 CFR 154.300, the
that has a flashpoint above 80 °F (as contents of which are described in 33
determined from an open-cup tester, as CFR 154.310.
used to test burning oils) and includes Facility vapor connection means the
Grade D and Grade E combustible liq- point in a facility’s vapor collection
uids defined in 46 CFR 30.10–15. system where it connects to a vapor
Commandant means Commandant collection hose or the base of a vapor
(CG–ENG), U.S. Coast Guard, 2100 2nd collection arm and is located at the
St. SW., Stop 7126, Washington, DC dock as close as possible to the tank
20593–7126. vessel to minimize the length of the
Detonation arrester means a device flexible vapor collection hose, thus re-
that is acceptable to the Commandant ducing the hazards associated with the
and includes a detonation arrester that hose.
is designed, built, and tested in accord- Fail-safe means a piece of equipment
ance with Appendix A of this part or by or instrument that is designed such
another method acceptable to the Com- that if any element should fail, it
mandant for arresting flames and deto- would go to a safe condition.
nations. Fixed stripping line means a pipe ex-
Diluting means introducing a non- tending to the low point of each cargo
flammable, non-combustible, and nontank, welded through the deck and ter-
reactive gas with the objective of re- minating above the deck with a valve
ducing the hydrocarbon content of a plugged at the open end.
vapor mixture to below the lower flam- Flame arrester means a device that is
mable limit so that it will not burn. designed, built, and tested in accord-
Drip leg means a section of piping ance with ASTM F 1273 or UL 525 (both
that extends below piping grade to col- incorporated by reference, see 33 CFR
lect liquid passing through the vapor 154.106) for use in end-of-line applica-
line and that has a diameter no more tions for arresting flames.
338
Flame screen means a fitted single Liquid knockout vessel means a device,
screen of corrosion-resistant wire of at other than a drip leg, used to separate
least 30-by-30 mesh, or two fitted liquid from vapor.
screens, both of corrosion-resistant Maximum allowable gas-freeing rate
wire, of at least 20-by-20 mesh, spaced means the maximum volumetric rate
apart not fewer than 12.7 millimeters at which a barge may be gas-freed dur-
(0.5 inch) or more than 38.1 millimeters ing cleaning operations.
(1.5 inches). Maximum allowable stripping rate
Flammable liquid means any liquid means the maximum volumetric rate
that gives off flammable vapors (as de- at which a barge may be stripped dur-
termined by flashpoint from an opening cleaning operations prior to the
cup tester, as used to test burning oils) opening of any hatch and/or fitting in
at or below a temperature of 80 °F, and the cargo tank being stripped.
includes Grades A, B, and C flammable Maximum allowable transfer rate
liquids defined in 46 CFR 30.10–22. means the maximum volumetric rate
Fluid displacement system means a sys- at which a vessel may receive cargo or
tem that removes vapors from a ballast.
barge’s cargo tanks during gas freeing Minimum oxygen concentration for com-
through the addition of an inert gas or bustion or MOCC means the lowest
other medium into the cargo tank. level of oxygen in a vapor or a vapor
Fluid injection connection means the mixture that will support combustion.
point in a fluid displacement system at Multi-breasted barge-loading operations
which the fixed piping or hose that sup- are those in which barges load side by
plies the inert gas or other medium side with the outboard barge’s vapor
connects to a barge’s cargo tanks or collection system connected to a facil-
fixed piping system. ity vapor connection through the in-
Gas freeing means the removal of va- board barge, as opposed to single-
pors from a tank barge. breasted operations involving a single
Grade A, B, C, D, or E means any barge, and may also be known as ‘‘two
Grade A, B, or C flammable liquid de- barge, double-up’’ loading operations.
fined in 46 CFR 30.10–22 or any Grade D Multiple facility vapor collection system
or E combustible liquid defined in 46 junction means the point in the vapor
CFR 30.10–15. collection system where two or more
High flash point cargoes means Grade branch lines originating from separate
E cargoes and cargoes having a closed- facility vapor connections are con-
cup flash point higher than 60 °C (140 nected.
°F), carried at a temperature no higher New vapor control system means a
than 5 °C (9 °F) below their flash vapor control system that is not an ex-
points. isting vapor control system.
Inert condition or inerted means the Padding means introducing into a
oxygen content of the vapor space in a tank and associated piping system with
tank vessel’s cargo tank is reduced to an inert gas or liquid which separates
60 percent or less by volume of the va- the cargo from air, and maintaining
por’s minimum oxygen concentration the condition.
for combustion, or to 8 percent by vol- Partially inerted means the oxygen
ume or less for the vapor of crude oil, content of the vapor space in a tank is
gasoline blends, or benzene, by addition reduced to below what is normally
of an inert gas, in accordance with the present in the atmosphere by the addi-
inert gas requirements of 46 CFR 32.53 tion of an inert gas such as nitrogen or
or 46 CFR 153.500. carbon dioxide, but not to the con-
Inerting means introducing an inert centration that meets the definition of
gas into a tank and/or piping system to ‘‘inert condition or inerted’’ in this
lower the oxygen content of a vapor section.
mixture. Pig means any device designed to
Line clearing means the transfer of re- maintain a tight seal within a cargo
sidual cargo from a cargo loading line line while being propelled by com-
toward a cargo tank by using compressed inert gas towards a cargo tank,
pressed inert gas. for the purpose of transferring residual
339
§ 154.2010 33 CFR Ch. I (7–1–20 Edition)
cargo from the cargo loading line to vapor into the atmosphere through a
the cargo tank. venting system not located on the tank
Pigging means the transfer of residual vessel.
cargo from a cargo loading line by Vapor processing unit means the com-
using compressed inert gas to propel a ponents of a vapor control system that
‘‘pig’’ through the line toward a cargo recover, destroy, or disperse vapor col-
tank. lected from a vessel.
Pre-transfer conference means the con- Vapor recovery unit means a vapor
ference required by 33 CFR 156.120(w). processing unit that recovers cargo
Purging means introducing an inert
vapor by nondestructive means.
gas into a tank and/or piping system to
further reduce the existing hydro- Vessel vapor connection means the
carbon and/or oxygen content to a level point in a vessel’s fixed vapor collec-
below which combustion cannot be sup- tion system where it connects to a
ported if air is subsequently introduced vapor collection hose or arm.
into the tank or piping system.
Stripping means the removal, to the CERTIFYING ENTITIES
maximum extent practicable, of cargo § 154.2010 Qualifications for accept-
residue remaining in the barge’s cargo ance as a certifying entity.
tanks and associated fixed piping sys-
tem after cargo transfer or during To qualify for acceptance as a vapor
cleaning operations. control system (VCS) certifying entity,
Tank barge cleaning facility or TBCF the entity must demonstrate to the
means a facility used or capable of satisfaction of the Commandant that it
being used to conduct cleaning oper- possesses the following minimum
ations on a tank barge. qualifications:
Transfer facility means a facility as (a) The ability to review and evaluate
defined in 33 CFR 154.105, excluding design drawings and failure analyses
tank barge cleaning or stripping facili- for compliance to this subpart;
ties. (b) The knowledge of the applicable
Vacuum displacement system means a regulations of this subpart, including
system that removes vapors from a the standards incorporated by ref-
barge’s cargo tanks during gas freeing erence;
by sweeping air through the cargo tank
(c) The ability to monitor and evalu-
hatch openings.
ate test procedures and results for
Vapor balancing means the transfer of
vapor displaced by incoming cargo compliance with the operational re-
from the tank of a vessel or facility requirements of this subpart;
ceiving cargo into a tank of the vessel (d) The ability to perform inspections
or facility delivering cargo via facility and observe tests of bulk liquid cargo-
vapor collection system. handling systems;
Vapor collection system means an ar- (e) The applicant must not be con-
rangement of piping and hoses used to trolled by an owner or operator of a
collect vapor emitted to or from a ves- vessel or facility engaged in control-
sel’s cargo tanks and to transport the ling vapor emissions;
vapor to a vapor processing unit or a (f) The applicant must not be depend-
tank. ent upon Coast Guard acceptance under
Vapor control system or VCS means an this section to remain in business; and
arrangement of piping and equipment (g) The person in charge of VCS cer-
used to control vapor emissions col- tification must be a licensed profes-
lected to or from a vessel and includes sional engineer in a U.S. State or terri-
the vapor collection system and the tory. A person in charge of VCS certifi-
vapor processing unit or a tank.
cation who is not a licensed profes-
Vapor destruction unit means a vapor
sional engineer on August 15, 2013 must
processing unit that destroys cargo
obtain that license from a U.S. State
vapor by a thermal destruction meth-
or territory by August 15, 2014.

od.
Vapor dispersion unit means a vapor [USCG–1999–5150, 78 FR 42618, July 16, 2013, as
processing unit that releases cargo amended by 80 FR 7540, Feb. 11, 2015]
340
§ 154.2011 Application for acceptance stallation’’ includes, but is not limited

as a certifying entity. to—
(a) An applicant seeking Coast Guard (1) Performing system design calcula-
acceptance as a certifying entity of tions;
vapor control systems (VCSs) must (2) Providing chemical data;
submit a signed, written application to (3) Developing plans, specifications,
the Commandant containing the infor- and drawings;
mation described in paragraph (b) of (4) Conducting failure analysis; and
this section. The applicant’s signature (5) Installing systems or components.
certifies that the information in the (f) A certifying entity may not recer-
application is true and that the appli- tify a VCS design, configuration, or
cant is not dependent upon Coast operational change if it was involved in
Guard acceptance under this section to that change, and may not conduct an
remain in business and constitutes con- operational review of a VCS if it has
sent for the Coast Guard to verify any been involved in the design, installa-
information contained in the application, or operation of the VCS.
tion, through personal examination of (g) A certifying entity may not con-
persons named in the application, or duct the failure analysis of a facility
otherwise. If an applicant knowingly VCS it is certifying. The certifying en-
and willfully provides any false state- tity may only point out shortcomings
ment or misrepresentation, or conceals shown by the failure analysis and may
a material fact in the application, the not propose changes to correct the
application may be denied or termi- shortcomings.
nated, and the applicant may be sub- (h) A certifying entity may not cer-
ject to prosecution under the provi- tify the VCS of any vessel or facility
sions of 18 U.S.C. 1001. owner or operator that owns or has a
(b) An application must include the controlling interest in the certifying
following general information: entity.
(1) The name and address of the ap-
plicant, including subsidiaries and divi- CERTIFICATION, RECERTIFICATION, AND
sions if applicable; OPERATIONAL REVIEW
(2) A description of the experience
and qualifications of any person who § 154.2020 Certification and recertifi-
would review or test systems on behalf cation—owner/operator responsibil-
ities.
of the applicant, showing that the per-
son is familiar with or otherwise quali- (a) Prior to operating, a new vapor
fied to implement Coast Guard VCS control system (VCS) installation must
regulations; and be certified under 33 CFR 154.2023 by a
(3) A letter from a facility owner or certifying entity as meeting the re-
operator stating his or her intent to quirements of this subpart.
use the services of the applicant to cer- (b) A certified VCS or a Coast Guard-
tify VCS installations. approved VCS must be recertified by a
(c) The Commandant reviews each certifying entity under 33 CFR 154.2023
application and either issues a letter of before it can—
acceptance as a certifying entity to the (1) Control vapors other than those
applicant, or notifies the applicant for which it was originally certified;
that it is not accepted, and maintains (2) Receive vapors from vessels other
a list of currently accepted certifying than those for which it was approved, if
entities that is available to the public the VCS was in operation prior to July
at http://homeport.uscg.mil. 23, 1990;
(d) The acceptance of a certifying en- (3) Operate under any changed design
tity may be terminated by the Com- or configuration;
mandant for failure to review, inspect, (4) Operate as part of multi-breasted
or test a system properly in accordance barge-loading operations, if the VCS
with this subpart. was not originally approved or certified
(e) A certifying entity may not cer- for such operations; or
tify a facility VCS if that certifying (5) Be connected to a tank vessel if a

entity was involved in the design or in- pigging system is used to clear cargo in
stallation of the system. ‘‘Design or in- the cargo line back to the tank vessel.
341
§ 154.2021 33 CFR Ch. I (7–1–20 Edition)
(c) For a transfer facility, prior to the probability that the pig is de-
operating a VCS to control vapor from stroyed during line-pigging operations.
a tank vessel during cargo loading line (e) The VCS owner or operator must
pigging to clear cargo in the cargo maintain at the facility—
loading line back to the tank vessel, (1) A copy of VCS design documenta-
the cargo loading line pigging system tion, including plans, drawings, cal-
must be reviewed by a certifying entity culations, and specifications for the
as meeting the requirements of 33 CFR VCS;
154.2104. (2) The facility operations manual,
(d) To apply for certification, the including the list of cargoes that the
owner or operator of a facility VCS facility is approved to vapor control;
must submit plans, calculations, speci- (3) Any certification or recertifi-
fications, and other related informa- cation letter issued under 33 CFR
tion, including a qualitative failure 154.2023; and
analysis, to the certifying entity. Sug- (4) Other records as required by 33
gested, but not mandatory, guidance CFR 154.740.
for preparing a qualitative failure anal-
ysis can be found in the American In- [USCG–1999–5150, 78 FR 42618, July 16, 2013, as
stitute of Chemical Engineers publica- July 7, 2014; 80 FR 7540, Feb. 11, 2015]
tion ‘‘Guidelines for Hazard Evaluation
Procedures,’’ and in Military Standard § 154.2021 Operational review—owner/
MIL–STD–882B for a quantitative fail- operator responsibilities.
ure analysis. For assistance in locating
(a) Each facility vapor control sys-
those publications, contact the Com-
tem (VCS) must undergo an oper-
mandant (CG–ENG), Attn: Office of De-
ational review by a certifying entity
sign and Engineering Standards, U.S.
within five years of its initial certifi-
Coast Guard Stop 7509, Washington, DC
cation or last operational review, to
20593–7509, telephone 202–372–1418 or via
ensure its proper operation and main-
email at Hazmatstandards@uscg.mil. tenance.
The analysis must demonstrate that—
(b) The VCS owner or operator must
(1) The VCS can operate continuously coordinate with the certifying entity
and safely while controlling cargo va- and provide the entity with all nec-
pors to or from tankships or tank essary documentation and records to
barges over the full range of transfer conduct the operational review.
rates expected at the facility; (c) The VCS owner or operator must
(2) The VCS has the proper alarms notify the Captain of the Port (COTP)
and automatic shutdown systems re- of a scheduled operational review. The
quired by this subpart to prevent an COTP, at his or her discretion, may ob-
unsafe operation; serve the operational review.
(3) The VCS has sufficient automatic (d) The VCS owner or operator must
or passive devices to minimize damage maintain, at the facility, the latest
to personnel, property, and the envi- operational review letter issued under
ronment if an accident were to occur; 33 CFR 154.2023.
(4) If a quantitative failure analysis
is also conducted, the level of safety § 154.2022 Certification, recertifi-
attained is at least one order of mag- cation, or operational review—cer-
nitude greater than that calculated for tifying entity responsibilities, gen-
operating without a VCS; and erally.
(5) If a facility uses a cargo line pig- Before the initial certification of a
ging system to clear cargo in the cargo facility vapor control system (VCS),
line back to the tank vessel with the the certifying entity must perform
VCS connected, the qualitative failure each of the tasks specified in this sec-
analysis must demonstrate that the tion.
cargo line pigging system has at least (a) Review all VCS design docu-
the same levels of safety required by mentation, including plans, drawings,
paragraphs (d)(1), (2), and (3) of this calculations, specifications, and failure
section to prevent overpressure of the analysis, to ensure that the VCS design
vessel’s cargo tanks and account for meets the requirements of this subpart.
342
(b) Conduct an initial onsite inspec- (4) The flash point for any cargo with
tion to ensure that the VCS installa- a closed-cup flash point of 60 °C (140 °F)
tion conforms to the VCS plans, draw- or higher is properly determined;
ings, and specifications reviewed. (5) The cargo’s vapor growth rate has
(c) Conduct onsite reviews and ob- been correctly determined and the VCS
serve tests to ensure the VCS’s proper complies with 33 CFR 154.2103(a) and (b)
operation in accordance with its design or 33 CFR 154.2203(a) or (b);
and compliance with applicable regula- (6) Each detonation arrester used in
tions and the facility’s operations man- the VCS is correct for each chemical’s
ual and to ensure that— maximum experimental safe gap;
(1) Each alarm and shutdown shown (7) Setpoints for each oxygen ana-
on the piping and instrumentation dia- lyzer used in the VCS are correct for
grams (P&IDs) and reviewed in the haz- each chemical’s MOCC;
ard analysis as part of the system re- (8) Setpoints for each oxygen or hy-
sponds properly, through simulation of drocarbon analyzer used in the VCS are
emergency conditions to activate the correct for each chemical’s upper or
alarm or shutdown; lower flammability limit;
(2) Maximum vacuum cannot be ex- (9) The inerting, enriching, or dilu-
ceeded at the maximum operating con- tion system used is adequate;
ditions of any vapor-moving device, (10) Each vapor-controlled chemical
through testing of the vacuum breaker;
is compatible with all VCS components
(3) VCS shutdown occurs correctly, and with other chemicals and with
through the startup of the VCS and inerting, enriching, or diluting gases
tripping of each shutdown loop while added to the VCS per 46 CFR part 150,
the VCS is not connected to a vessel;
Table I and Table II;
(4) VCS startup, normal operation,
(11) The VCS’s mechanical equipment
and shutdown occur properly, through
and system are suitable;
observing the relevant portions of a
test loading or unloading of one vessel, (12) The VCS’s vapor recovery or de-
or a test cleaning of one tank barge at struction unit has adequate capacity
a tank barge cleaning facility; and that and is safe for each chemical;
(5) The automatic liquid block valve (13) Any calculation to determine the
successfully stops flow of liquid to the duration of purging required by 33 CFR
vessel during a system shutdown, 154.2150(p) is correct; and that
through observing the relevant por- (14) The VCS’s failure analysis ad-
tions of a test loading or test cargo dresses any hazards presented with
tank cleaning. each chemical.
(d) Review, for each cargo vapor the (e) Review the VCS prior to certi-
VCS will control, the cargo’s chemical fying it to control vapors from barge
data and the VCS design to ensure cargo tanks during multi-breasted
that— barge loading operations, to confirm
(1) Each vapor-controlled chemical is that—
either specified in writing by the Com- (1) The overfill control system re-
mandant or listed in 46 CFR 30.25–1, 46 quired by 33 CFR 154.2102 will process a
CFR 151.05, or Table 1 or Table 2 of 46 liquid overfill condition within any one
CFR 153; cargo tank on each barge;
(2) Each chemical’s maximum experi- (2) If multi-breasted loading is con-
mental safe gap, minimum oxygen conducted using more than one liquid
centration for combustion (MOCC), and transfer hose from the shore facility,
upper and lower limits of flammability the facility is capable of activating the
have been correctly determined (this emergency shutdown system required
may but need not be in compliance by 33 CFR 154.550, and can automati-
with Coast Guard guidance available at cally stop the cargo flow to each trans-
http://homeport.uscg.mil); fer hose simultaneously, in the event
(3) Vapor properties and characteris- an upset condition occurs that closes
tics are addressed, including freezing the remotely operated cargo vapor
point, polymerization potential, solu- shutoff valve required by 33 CFR
bility, and cargo compatibility; 154.2101(a);
343
§ 154.2023 33 CFR Ch. I (7–1–20 Edition)
(3) The facility operations manual erations manual, training plans, and
has been modified to include the proce- VCS test procedures.
dures for multi-breasted barge-loading (b) Confirm through training records
operations; and that the current listed available facil-
(4) The facility operations manual ity persons in charge have been trained
describes how to make proper connec- in compliance with 33 CFR 154.2030 or
tions, on the facility side, between the 154.2031.
alarm and shutdown systems of the (c) Confirm that recordkeeping and
VCS and of each barge being loaded. testing and inspection comply with 33
(f) Review a cargo line pigging sys- CFR 154.740 and 156.170.
tem that will be used to clear cargo in (d) Verify that there has been no
the cargo line back to a tank vessel for change to the VCS equipment or in-
compliance with 33 CFR 154.2104. strumentation since the last certifi-
(g) Review the facility operations cation, recertification, or operational
manual for compliance with 33 CFR review to ensure that the certification
154.310(b). letter is current.
(h) Review any test program used for (e) Verify proper marking, labeling,
instrument testing and calibration for maintenance, and operation of VCS
compliance with 33 CFR 154.2180 and 33 components, through visual inspection.
CFR 154.2181. (f) Confirm that the originally cer-
(i) Review the facility’s VCS training tified liquid cargo transfer rate can
program for compliance with 33 CFR still be attained in compliance with 33
154.2030 and 154.2031. CFR 154.2103 and 154.2107.
(g) Ensure that cargo transfer or
§ 154.2023 Recertification—certifying tank-cleaning barge operational proce-
entity responsibilities, generally. dures are properly followed and the
(a) Before the recertification of a fa- VCS operates properly, through obser-
cility vapor control system (VCS) the vation of the initial stages of transfer
certifying entity must perform the re- or cleaning, including 24-hour pre-
views specified in 33 CFR 154.2022, ex- transfer tests required by 33 CFR
cept paragraphs (a) through (c). 154.2150(b) or 33 CFR 154.2250(b), the
(b) The certifying entity must re- pre-transfer conference, and initial sys-
view, inspect, and observe tests of a fa- tem startup procedures.
cility VCS’s design or configuration al-
teration before recertifying a VCS that § 154.2025 Certification, recertifi-
was certified or approved for operation cation, or operational review—cer-
prior to July 23, 1990, to ensure that tifying entity documentation.
the altered system complies with appli- (a) If the certifying entity is satisfied
cable regulations. In general, the certi- that the facility’s vapor control system
fying entity should perform the review, (VCS) has successfully undergone the
inspection, and observe tests as speci- reviews, inspections, and tests required
fied in 33 CFR 154.2022(a) through (c). by 33 CFR 154.2022(a) for certification
However, depending on the extent of or recertification, and that the VCS
the alteration, the review, inspection, will operate properly and safely, the
or test observing may not need to be as certifying entity must certify or recer-
comprehensive as those for an initial tify the VCS by issuing a certification
certification. letter to the facility owner or operator,
and by sending copies of the letter to
§ 154.2024 Operational review—certi- the Captain of the Port (COTP) and the
fying entity responsibilities, gen- Commandant. The certification letter
erally. must refer by date to the certifying en-
In conducting an operational review tity’s letter of acceptance issued under
the certifying entity must ensure that 33 CFR 154.2011(c), and must—
the vapor control system (VCS) is prop- (1) State that the facility complies
erly operating and maintained by per- with applicable regulations and with
forming the tasks specified in this sec- its operations manual, and list any ex-
tion. emptions to the applicable regulations

(a) Ensure the completeness, cur- that have been approved by the Coast
rency, and accuracy of the facility op- Guard;
344
(2) Report on all reviews, inspections, (vi) Startup procedures;

and tests undergone by the VCS in ac- (vii) Normal operating conditions and
cordance with 33 CFR 154.2022(a); how to handle deviations from normal
(3) List all plans and drawings that conditions;
were reviewed by the certifying entity; (viii) Normal shutdown procedures;
(4) State if the VCS may control va- and
pors from tank barges that are re- (ix) Operating procedures for cargo
quired to have a shore-side, explosion- line clearing if a cargo line clearance
proof receptacle or an overfill control system is installed in accordance with
system required by 33 CFR 154.2102(a) 33 CFR 154.2104; and
and (b); and (7) Emergency procedures.
(5) List all cargoes that the certi- (b) Personnel overseeing VCS main-
fying entity approves for control by tenance must be familiar with—
the VCS. (1) Inspection of detonation arresters;
(b) If the certifying entity is satisfied and
that the facility’s VCS has successfully (2) Procedures for equipment and in-
undergone the operational review re- strumentation testing required by 33
quired by 33 CFR 154.2022(b), the certi- CFR 156.170(g).
fying entity must issue an operational (c) Facility personnel in charge of a
review letter to the facility owner or transfer operation using a VCS must be
operator, and send copies of the letter designated and qualified in compliance
to the COTP and the Commandant. The with 33 CFR 154.710 and the facility
operational review letter must— must maintain the training docu-
(1) List each item reviewed and in- mentation required by 33 CFR
spected; 154.740(b).
(2) Describe the transfer or cleaning
operation observed; and § 154.2031 Tank barge cleaning facili-
(3) Summarize the review’s results. ties.
(a) In addition to complying with 33
PERSONNEL CFR 154.2030, a tank barge cleaning fa-
cility (TBCF) person-in-charge (PIC) of
§ 154.2030 Transfer facilities. a barge cargo tank-cleaning operation
(a) Personnel in charge of a transfer that uses a vapor control system (VCS)
operation using a vapor control system must complete a training program cov-
(VCS) must have completed a training ering the particular systems installed
program covering the particular VCS at the facility and on the barge. As
installed at the facility. As part of the part of the training program, personnel
training program, personnel must be must be able to demonstrate, through
able to demonstrate, through drills and drills and practical knowledge, the
display of practical knowledge, the proper VCS operation procedures for
proper VCS operational procedures for normal and emergency conditions. The
normal and emergency conditions. The training program must—
training program must cover the fol- (1) Satisfy the requirements of 33
lowing subjects: CFR 154.2030(a)(1) through (7), except
(1) Purpose of the VCS; (a)(6)(i), (ii), and (ix), and 33 CFR
(2) Principles of the VCS; 154.2030(b) and cover—
(3) Components of the VCS; (i) Purpose, principles, components,
(4) Hazards associated with the VCS; and hazards associated with stripping
(5) Coast Guard regulations in this and gas-freeing;
subpart; (ii) Special hazards associated with
(6) Operating procedures, including: the accumulation and discharge of
(i) Transfer, testing, and inspection static electricity; and
requirements; (iii) Operating procedures, including
(ii) Pre-transfer procedures; cleaning, testing, and inspection re-
(iii) Chemicals approved for collec- quirements; pre-cleaning procedures;
tion; and safeguards to prevent static elec-
(iv) Material safety data sheet re- tricity discharge.

view; (b) In addition to the requirements
(v) Connection procedures; contained in 33 CFR 154.710, no person
345
§ 154.2100 33 CFR Ch. I (7–1–20 Edition)
may serve, and the facility operator (e) Any condition requiring an alarm
may not use the services of anyone, as as specified in this part must activate
a facility PIC of a cleaning operation an audible and visible alarm where the
unless the person has been properly cargo transfer and VCSs are controlled.
trained and certified by the facility (f) For a VCS installed after August
with a minimum of 60 hours of experi- 15, 2013, an alarm or shutdown must be
ence in cleaning operations. activated if electrical continuity of an
alarm or shutdown sensor required by
TRANSFER FACILITIES—VCS DESIGN AND this subpart is lost.
INSTALLATION (g) The VCS piping surface tempera-
ture must not exceed 177 °C (350 °F)
§ 154.2100 Vapor control system, gen- or 70 percent of the auto-ignition tem-
eral. perature in degrees Celsius of the va-
(a) Vapor control system (VCS) de- pors being transferred, whichever is
sign and installation must eliminate lower, during normal operations. This
potential overpressure and vacuum must be achieved by either separating
hazards, overfill hazards, sources of ig- or insulating the entire VCS from ex-
nition, and mechanical damage to the ternal heat sources.
maximum practicable extent. Each re- (h) The VCS must be equipped with a
maining hazard source that is not mechanism to eliminate any liquid
eliminated must be specifically ad- condensate from the vapor collection
dressed in the protection system design system that carries over from the ves-
and system operational requirements. sel or condenses as a result of an en-
richment process.
(b) Vapor collection system pipe and
(1) If a liquid knockout vessel is in-
fitting components must be in accord-
stalled to eliminate any liquid conden-
ance with ANSI B31.3 (incorporated by
sate, it must have—
reference, see 33 CFR 154.106) with a
(i) A mechanism to indicate the level
maximum allowable working pressure
of liquid in the device;
(MAWP) of at least 150 pounds per
(ii) A high liquid level sensor that ac-
square inch gauge (psig). Valves must
tivates an alarm, meeting the require-
be in accordance with ASME B16.34, 150
ments of paragraph (e) of this section;
pound class (incorporated by reference,
(iii) A high-high liquid level sensor
see 33 CFR 154.106). Flanges must be in that closes the remotely operated
accordance with ANSI B16.5 or ANSI cargo vapor shutoff valve required by
B16.24, 150 pound class (both incor- 33 CFR 154.2101(a), and shuts down any
porated by reference, see 33 CFR vapor-moving devices before carrying
154.106). The following components and liquid over from the vessel to the
their associated equipment do not have vapor-moving device. One sensor with
a minimum specified MAWP, but must two stages may accomplish both this
be constructed to acceptable engineer- requirement and the requirement of
ing standards and have the appropriate paragraph (h)(1)(ii) of this section; and
mechanical strength to serve the in- (2) If a drip leg is used to eliminate
tended purpose: knockout drums, liq- any liquid condensate, it must be fitted
uid seals, blowers/compressors, flare with a mechanism to remove liquid
stacks/incinerators, and other vapor from the low point.
processing units. (i) Vapor collection piping must be
(c) All VCS electrical equipment electrically grounded and must be elec-
must comply with NFPA 70 (2011) (in- trically continuous.
corporated by reference, see 33 CFR (j) If the facility handles inerted va-
154.106). pors of cargoes containing sulfur, the
(d) Any pressure, flow, or concentra- facility must control heating from
tion indication required by this part pyrophoric iron sulfide deposits in the
must provide a remote indicator on the vapor collection line.
facility where the cargo transfer sys- (k) All VCS equipment and compo-
tem and VCS are controlled, unless the nents, including piping, hoses, valves,
local indicator is clearly visible and flanges, fittings, and gaskets, must be
readable from the operator’s normal suitable for use with the vapor in the
position at the control stations. VCS.
346
§ 154.2101 Requirements for facility (2) Have a maximum allowable work-

vapor connections. ing pressure no less than 5 psig;
(a) A remotely operated cargo vapor (3) Be capable of withstanding at
shutoff valve must be installed in the least a 2 pounds per square inch (psi)
vapor collection line between the facil- vacuum without collapsing or con-
ity vapor connection and the nearest stricting;
point where any inerting, enriching, or (4) Be electrically continuous with a
diluting gas is introduced into the maximum resistance of 10,000 ohms;
vapor collection line, or where a deto- (5) Have flanges with—
nation arrester is fitted. The valve (i) A bolthole arrangement com-
must— plying with the requirements for 150
(1) Close within 30 seconds after de- pound class flanges, ANSI B16.5 (incor-
tection of a shutdown condition of any porated by reference, see 33 CFR
component required by this subpart; 154.106); and
(2) Close automatically if the control (ii) One or more 15.9 millimeter (0.625
signal or electrical power to the sys- inch) diameter holes in the flange face,
tem is interrupted; located midway between boltholes, and
(3) Activate an alarm meeting 33 CFR in line with the bolthole pattern;
154.2100(e) when a signal to shut down (6) Be resistant to abrasion and
is received from a component; kinking;
(4) Be capable of manual operation or (7) Be compatible with vapors being
manual activation; controlled; and
(5) Have a local valve position indi- (8) Have the last 1 meter (3.3 feet) of
cator, or be designed so that the valve each end of the vapor hose marked in
position can be readily determined accordance with paragraph (b) of this
from the valve handle or valve stem po- section.
sition; and (e) Vapor hoses must be adequately
(6) If the valve seat is fitted with re- supported to prevent kinking, collapse,
silient material, be a Category A valve or contact with any metal of the vessel
as defined by 46 CFR 56.20–15 and not or facility to prevent unintentional
allow appreciable leakage when the re- electrical bypassing of the insulating
silient material is damaged or de- flange or the single length of non-con-
stroyed. ducting hose required by paragraph (g)
(b) Except when a vapor collection of this section.
arm is used, the first 1 meter (3.3 feet) (f) Fixed vapor collection arms
of vapor piping downstream of the fa- must—
cility vapor connection must be— (1) Meet the requirements of para-
(1) Painted in the sequence of red/yel- graphs (d)(1) through (5) of this section;
low/red. The width of the red bands and
must be 0.1 meter (0.33 foot) and the (2) Have the last 1 meter (3.3 feet) of
width of the middle yellow band must the arm marked in accordance with
be 0.8 meter (2.64 feet); and paragraph (b) of this section.
(2) Labeled with the word ‘‘VAPOR’’ (g) The facility vapor connection
painted in black letters at least 50.8 must be electrically insulated from the
millimeters (2 inches) high. vessel vapor connection in accordance
(c) Each facility vapor connection with OCIMF ISGOTT section 17.5 (in-
flange face must have a permanent corporated by reference, see 33 CFR
stud projecting outward that is 12.7 154.106). In order to prevent electrical
millimeters (0.5 inch) in diameter and arcing during connection and dis-
is at least 25.4 millimeters (1 inch) connection of the transfer hose/arm,
long. The stud must be located at the the transfer hose/arm must be fitted
top of the flange face, midway between with an insulating flange or a single
boltholes, and in line with the bolthole length of non-conducting hose to en-
pattern. sure electrical discontinuity between
(d) Each hose that transfers vapors the vessel and facility. The insulating
must— flange/hose should be inserted at the
(1) Have a design burst pressure of at jetty end and must not be electrically
least 25 pounds per square inch gauge bypassed. The installation, inspection,
(psig); and testing of the insulating flange/
347
§ 154.2102 33 CFR Ch. I (7–1–20 Edition)
hose must be in accordance with 46 personnel when a tank overfill signal,

CFR 35.35–4. For each vapor hose, only or an optional high-level signal cor-
one insulting flange or non-conductive responding to a liquid level lower than
hose must be provided. See 46 CFR the tank overfill sensor setting, is re-
35.35–4. ceived from the barge;
(h) A vapor collection system, fitted (3) Has a mechanism to test the
with a gas injection system that oper- alarms and automatic shutdown sys-
ates at a positive gauge pressure at the tems electrically and mechanically be-
facility vapor connection, must be fore operating the vapor control sys-
fitted with a means to prevent back- tem (VCS);
flow of vapor to the vessel’s vapor col- (4) Has suitable means, such as ap-
lection system during loading. proved intrinsic safety barriers able to
(i) Electrical bonding between vessel accept passive devices, so that the
and shore must be in accordance with overfill and optional alarm circuits on
46 CFR 35.35–.5. the barge side of the overfill control
system, including cabling, normally
§ 154.2102 Facility requirements for closed switches, and pin and sleeve con-
vessel liquid overfill protection. nectors, are intrinsically safe;
This section does not apply to facili- (5) Is labeled at the dock with the
ties collecting vapors emitted from maximum allowable inductance (in
vessel cargo tanks while inerting, pad- millihenrys) and capacitance (in micro-
ding, or purging the cargo tanks with farads) to be connected to the facility
an inert gas and not loading cargo into overfill protection system as specified
the cargo tank. by the equipment manufacturer; and
(a) Each facility that receives cargo (6) Has a female connecting plug for
vapor from a tank barge that is fitted the tank barge level sensor system
with overfill protection, in accordance with a five-wire, 16-ampere connector
with 46 CFR 39.2009(a)(1)(iii), must pro- body meeting IEC 60309–1 and IEC
vide a 120-volt, 20-amp explosion-proof 60309–2 (both incorporated by reference,
receptacle for the overfill protection see 33 CFR 154.106), that is—
system that meets— (i) Configured with pins S2 (N) and R1
(1) ANSI NEMA WD–6 (incorporated (L3) for the tank overfill sensor circuit,
by reference, see 33 CFR 154.106); pin G connected to the cabling shield,
(2) NFPA 70 (2011), Articles 406.9 and and pins N (L2) and T3 (L1) reserved for
501.145 (incorporated by reference, see an optional high-level alarm connec-
33 CFR 154.106); and tion;
(3) 46 CFR 111.105–9. (ii) Labeled ‘‘Connector for Barge
(b) Each facility that receives cargo Overfill Control System’’; and
vapor from a tank barge that is fitted (iii) Connected to the overfill control
with an intrinsically safe cargo tank system by a shielded flexible cable.
level sensor system complying with 46
CFR 39.2009(a)(2), as a means of overfill § 154.2103 Facility requirements for
protection, must have an overfill con- vessel vapor overpressure and vac-
trol system on the dock capable of uum protection.
powering and receiving an alarm and In this section, the requirements of
shutdown signal from the cargo tank having a flame arrester or a flame
level sensor system that— screen at the opening of a pressure re-
(1) Closes the remotely operated lief valve or a vacuum relief valve
cargo vapor shutoff valve required by apply only to facilities collecting va-
33 CFR 154.2101(a) and activates the pors of flammable, combustible, or
emergency shutdown system required non-high flash point liquid cargoes.
by 33 CFR 154.550 when— (a) A facility’s vapor control system
(i) A tank overfill signal is received (VCS) must have the capacity for col-
from the barge; or lecting cargo vapor at a rate of not less
(ii) Electrical continuity of the cargo than the facility’s maximum liquid
tank level sensor system is inter- transfer rate for cargoes that are vapor
rupted; controlled plus the vapor growth for

(2) Activates an audible and visible the cargoes and any inerting, diluting,
alarm that warns barge and facility or enriching gas that may be added to
348
the system. Vapor growth must be con- pressure-sensing device, which acti-
sidered as 25 percent of the cargo’s vates an alarm meeting 33 CFR
saturated vapor pressure in pounds per 154.2100(e) when the pressure at the fa-
square inch absolute (psia) at 115 °F, cility vapor connection falls below ei-
divided by 12.5 psia (the vapor pressure ther—
of gasoline at 115 °F), times the fa- (1) The pressure corresponding to the
cility’s maximum liquid transfer rate, lower pressure determined in para-
unless there is experimental data for graph (b) of this section; or
actual vapor growth for turbulent (2) A higher pressure agreed upon at
transferring under the most severe con- the pre-transfer conference.
ditions for vapor growth. If the cargo is (f) The facility vapor connection
transferred at temperatures above 115 must have a pressure-sensing device,
°F, the cargo’s true vapor pressure (in independent of the device used to acti-
psia) at the transferring temperature vate the alarm required by paragraph
must be used when determining the (d) of this section, meeting the instal-
vapor growth. lation requirements of paragraph (h) of
(b) A facility VCS must be designed this section, which activates the emer-
to prevent the pressure in a vessel’s gency shutdown system required by 33
cargo tanks from going below 80 per- CFR 154.550 when the pressure at the
cent of the highest setting of any of facility vapor connection exceeds the
the vessel’s vacuum relief valves or ex- lower of the following:
ceeding 80 percent of the lowest setting (1) A pressure corresponding to 90
of any of the vessel’s pressure relief percent of the vessel’s lowest pressure
valves for a non-inerted tank vessel. A relief valve setting, corrected for pres-
facility VCS also must be designed to sure drops across the vessel’s vapor col-
prevent the pressure in a vessel’s cargo lection system, the vapor collection
tanks from going below 0.2 pounds per hose or arm, and any vapor line up to
square inch gauge (psig) or exceeding 80 the point where the pressure sensor is
percent of the lowest setting of any of located;
the vessel’s pressure relief valves for an (2) A pressure corresponding to 90
inerted tank vessel. The system must percent of the setting of the pressure
sustain the pressure in the vessel’s relief valve at the facility vapor con-
cargo tanks within this range at any nection, if the facility vapor connec-
cargo transfer rate less than or equal tion is installed with a pressure relief
to the maximum transfer rate deter- valve; or
mined at the pre-transfer conference. (3) A lower pressure than the pressure
(c) The pressure measured at the fa- in paragraphs (f)(1) and (f)(2) of this
cility vapor connection must be cor- section that is agreed upon at the pre-
rected for pressure drops across the transfer conference.
vessel’s vapor collection system, vapor (g) If a facility draws vapors from a
collection hose or arm, and vapor line vessel with a vapor-moving device, the
up to the location of the pressure sen- facility vapor connection must have a
sor. pressure-sensing device, independent of
(d) The facility vapor connection the device used to activate the alarm
must have a pressure-sensing device required by paragraph (e) of this sec-
that meets the installation require- tion, which closes the remotely oper-
ments of paragraph (h) of this section, ated cargo vapor shutoff valve required
which activates an alarm that meets 33 by 33 CFR 154.2101(a) when the vacuum
CFR 154.2100(e) when the pressure at at the facility vapor connection is
the facility vapor connection exceeds more than the higher (lesser vacuum)
either— of the following:
(1) The pressure corresponding to the (1) A vacuum corresponding to 90 per-
upper pressure determined in para- cent of the vessel’s highest vacuum re-
graph (b) of this section; or lief valve setting;
(2) A lower pressure agreed upon at (2) A vacuum corresponding to 90 per-
the pre-transfer conference. cent of the setting of the vacuum relief
(e) If a facility draws vapor from a valve at the facility vapor connection,
vessel with a vapor-moving device, the if the facility vapor connection is in-
facility vapor connection must have a stalled with a vacuum relief valve; or
349
§ 154.2103 33 CFR Ch. I (7–1–20 Edition)
(3) A lesser vacuum than the vacuum (l) If the pressure in the vapor collec-
in paragraphs (g)(1) and (g)(2) of this tion system can exceed 1.5 psig during
section that is agreed upon at the pre- a malfunction of a pressure regulator
transfer conference. or control valve in an inerting, enrich-
(h) The pressure-sensing devices re- ing, or diluting system, a pressure re-
quired by paragraphs (d) and (f) of this lief valve must—
section must be located in the vapor (1) Be located between where the
collection line between the facility inerting, enriching, or diluting gas is
vapor connection and the following: introduced into the vapor collection
(1) Any isolation valve, unless an system and the facility vapor connec-
interlock is provided that prevents op-
tion;
eration of the system when the isola-
tion valve is closed; and (2) Relieve at the higher of the fol-
(2) Any components that could plug lowing two pressures:
and cause a blockage in the vapor line. (i) A pressure such that the pressure
(i) A pressure-indicating device must at the facility vapor connection does
be provided that displays the pressure not exceed 1.5 psig; or
in the vapor collection line between (ii) The lowest pressure relief valve
the facility vapor connection and any setting of vessels that control vapors
isolation valve or any devices which at the facility;
could cause a blockage in the vapor (3) Have a relieving capacity equal to
line. or greater than the maximum capacity
(j) If a facility draws vapor from the of the facility inerting, enriching, or
vessel with a vapor-moving device ca- diluting gas source flowing through the
pable of drawing more than 1 pound per failed pressure regulator or control
square inch (psi) vacuum, a vacuum re- valve, taking into account the pressure
lief valve must be installed in the drops across any flame arrester or dis-
vapor collection line between the charge piping fitted at the relief
vapor-moving device and the facility valve’s discharge;
vapor connection, which—
(4) Have a flame arrester or flame
(1) Relieves at a predetermined pres-
sure such that the pressure at the facil- screen fitted at the discharge opening,
ity vapor connection is maintained at if the design does not secure a min-
¥1.0 psig (1.0 psig vacuum) or less vac- imum vapor discharge velocity of 30
uum; meters (98.4 feet) per second; and
(2) Has a relieving capacity equal to (5) Have been tested for relieving ca-
or greater than the capacity of the pacity in accordance with paragraph
vapor-moving device; 1.5.1.3 of API 2000.
(3) Has a flame arrester or flame (m) The relieving capacity test re-
screen fitted at the vacuum relief open- quired by paragraph (l)(5) of this sec-
ing; and tion must be carried out with a flame
(4) Has been tested for relieving ca- screen fitted at the discharge opening
pacity in accordance with paragraph if—
1.5.1.3 of API 2000 (incorporated by ref- (1) The design of the pressure relief
erence, see 33 CFR 154.106) with a flame valve does not secure a minimum vapor
arrester or flame screen fitted. discharge velocity of 30 meters (98.4
(k) When a facility collects cargo feet) per second; and
vapor through an extensive length of (2) The discharge is not fitted with a
vapor piping, such as an undersea pipe-
flame arrester.
line from a vessel moored offshore, be-
fore reaching the first pressure sensor (n) A facility that collects vapors
and vacuum relief valve, the vacuum emitted from vessel cargo tanks while
relief valve may be set at a vacuum inerting, padding, or purging cargo
greater than 1 psi vacuum, provided tanks must—
the pressure controls take into account (1) Provide a pressure-sensing device
the pressure drop across the vessel’s that activates an alarm meeting 33
vapor collection system, any vapor col- CFR 154.2100(e) when the pressure of
lection hoses, and the vapor piping as a the inerting, padding, or purging gas
function of the actual transfer rate.
350
exceeds either the pressure cor- (4) An interlock with the main cargo
responding to the higher pressure de- line manual block valve so that line-
termined in paragraph (b) of this sec- clearing operations cannot begin unless
tion or a lower pressure agreed upon at the main cargo line manual block
the pre-transfer conference; valve is closed; and
(2) Provide a pressure-sensing device, (5) An automatic means to detect ar-
independent of the device required by rival of the pig at the pig-receiving de-
paragraph (n)(1) of this section, which vice.
automatically stops the flow of (b) If a cargo line clearance system
inerting, padding, or purging gas to the without using pigging is used to clear
vessel when the pressure of the cargo in the cargo lines to the tank
inerting, padding, or purging gas ex- vessel while the vessel is connected to
ceeds 90 percent of the lowest setting of the facility VCS, the cargo line clear-
any pressure relief valve on the vessel; ance system must be approved by the
and Commandant.
(3) Locate the pressure-sensing de-
vices required by paragraphs (n)(1) and § 154.2105 Fire, explosion, and detona-
(n)(2) of this section in the inerting, tion protection.
padding, or purging gas piping down- This section applies only to facilities
stream of any devices in the gas piping that control vapors of flammable, com-
that could potentially isolate the ves- bustible, or non-high flash point liquid
sel from the sensing devices. cargoes.
(a) A vapor control system (VCS)
§ 154.2104 Pigging system. with a single facility vapor connection
(a) If a pigging system is used to that receives inerted cargo vapor from
clear cargo in the cargo lines to the a vessel and processes it with a vapor
tank vessel while the vessel is con- recovery unit must—
nected to the facility vapor control (1) Be capable of inerting the vapor
system (VCS), the pigging system must collection line in accordance with 33
be designed with the following safety CFR 154.2107(a) before receiving the
features: vessel’s vapor and have at least one ox-
(1) A bypass loop installed in the ygen analyzer, which satisfies the re-
main liquid cargo line that contains quirements of 33 CFR 154.2107(f)(1) and
the pig-receiving device, through which (2), (g), and (h)(2) and (3), sampling the
all the liquid flow is channeled during vapor concentration continuously at a
pigging operations. The pig must act as point as close as practicable to the fa-
a seal to separate the vessel from the cility vapor connection. The total pipe
compressed inert gas that is used to length between the analyzer and the fa-
propel it as the pig travels from the pig cility vapor connection must not ex-
launcher to the pig-receiving device; ceed 6 meters (19.7 feet); or
(2) A mechanism for restricting liq- (2) Have a detonation arrester lo-
uid and gas flow so that the vessel, per- cated as close as practicable to the fa-
sonnel, and environment are not en- cility vapor connection. The total pipe
dangered. The compressed inert gas length between the detonation arrester
flow capacity that this mechanism se- and the facility vapor connection must
cures must not be more than 95 percent not exceed 18 meters (59.1 feet) and the
of the combined capacity of all vessel vapor piping between the detonation
and facility VCS relief valves located arrester and the facility vapor connec-
upstream of the facility’s remotely option must be protected from any poten-
erated cargo vapor shutoff valve re- tial internal or external ignition
quired by 33 CFR 154.2101(a); source.
(3) A fast-action automatic shutoff (b) A VCS with a single facility vapor
valve such as a solenoid valve, which connection that receives only inerted
closes on a high-pressure signal from cargo vapor from a vessel and processes
the pressure sensor required by 33 CFR it with a vapor destruction unit must—
154.2103(f), located in the liquid bypass (1) Satisfy the requirements of para-
loop downstream of the pig-receiving graph (a)(1) of this section and have a
device; detonation arrester located as close as
351
§ 154.2105 33 CFR Ch. I (7–1–20 Edition)
practicable to the facility vapor con- carry inerted, partially inerted, non-
nection. The oxygen analyzer required inerted, or combinations of inerted,
by paragraph (a)(1) can be located 4 me- partially inerted, and non-inerted car-
ters (13.1 feet) downstream of the deto- goes, and processes them with a vapor
nation arrester. The total pipe length recovery unit, must have a detonation
between the detonation arrester and arrester located as close as practicable
the facility vapor connection must not to each facility vapor connection. The
exceed 18 meters (59.1 feet) and the total pipe length between the detona-
vapor piping between the detonation tion arrester and each facility vapor
arrester and the facility vapor connec- connection must not exceed 18 meters
tion must be protected from any poten- (59.1 feet) and the vapor piping between
tial internal or external ignition the detonation arrester and the facility
source; or vapor connection must be protected
(2) Have an inerting system that from any potential internal or external
meets the requirements of 33 CFR
ignition source.
154.2107.
(f) A VCS with multiple facility
(c) A VCS with a single facility vapor
connection that receives vapor from a vapor connections that receives only
vessel with cargo tanks that are not inerted cargo vapor from vessels and
inerted or are partially inerted, and processes it with a vapor destruction
processes it with a vapor recovery unit unit must—
must— (1) Satisfy the requirements of para-
(1) Have a detonation arrester lo- graph (a)(1) of this section for each fa-
cated as close as practicable to the facility vapor connection and have a det-
cility vapor connection. The total pipe onation arrester located as close as
length between the detonation arrester practicable to each facility vapor con-
and the facility vapor connection must nection. The oxygen analyzer required
not exceed 18 meters (59.1 feet) and the by paragraph (a)(1) can be located 4 me-
vapor piping between the detonation ters (13.1 feet) downstream of the deto-
arrester and the facility vapor connec- nation arrester. The total pipe length
tion must be protected from any poten- between the detonation arrester and
tial internal or external ignition each facility vapor connection must
source; or not exceed 18 meters (59.1 feet) and the
(2) Have an inerting, enriching, or di- vapor piping between the detonation
luting system that meets the require- arrester and the facility vapor connec-
ments of 33 CFR 154.2107. tion must be protected from any poten-
(d) A VCS with a single facility vapor tial internal or external ignition
connection that receives vapor from a source; or
vessel with cargo tanks that are not (2) Have an inerting, enriching, or di-
inerted or are partially inerted, and luting system that meets the require-
processes the vapor with a vapor de-
ments of 33 CFR 154.2107.
struction unit must—
(1) Have a detonation arrester lo- (g) A VCS with multiple facility
cated as close as practicable to the fa- vapor connections that receives vapor
cility vapor connection. The total pipe from vessels with non-inerted or par-
length between the detonation arrester tially inerted cargoes, and processes
and the facility vapor connection must the vapor with a vapor destruction unit
not exceed 18 meters (59.1 feet) and the must—
vapor piping between the detonation (1) Have a detonation arrester lo-
arrester and the facility vapor connec- cated as close as practicable to each fa-
tion must be protected from any poten- cility vapor connection. The total pipe
tial internal or external ignition length between the detonation arrester
source; and and each facility vapor connection
(2) Have an inerting, enriching, or di- must not exceed 18 meters (59.1 feet)
luting system that satisfies the re- and the vapor piping between the deto-
quirements of 33 CFR 154.2107. nation arrester and the facility vapor
(e) A VCS with multiple facility connection must be protected from any
vapor connections that receives vapor potential internal or external ignition
from vessels with cargo tanks that source; and
352
(2) Have an inerting, enriching, or di- (ii) The proving devices in paragraph
luting system that meets the require- (j)(2)(i) of this section close the re-
ments of 33 CFR 154.2107. motely operated cargo vapor shutoff
(h) A VCS with multiple facility valve required in 33 CFR 154.2101(a) and
vapor connections that simultaneously close the automatic liquid cargo load-
receives vapor from vessels with ing valve if operating outside the con-
inerted, partially inerted, and non- ditions necessary to maintain the dis-
inerted cargoes, and processes the charge vent non-combustible.
vapor with a vapor destruction unit
must— § 154.2106 Detonation arresters instal-
(1) Have a detonation arrester lo- lation.
cated as close as practicable to each fa- This section applies only to facilities
cility vapor connection. The total pipe collecting vapors of flammable, com-
length between the detonation arrester bustible, or non-high flash point liquid
and each facility vapor connection cargoes.
must not exceed 18 meters (59.1 feet) (a) Detonation arresters must be in-
and the vapor piping between the deto- stalled in accordance with the guide-
nation arrester and the facility vapor lines outlined in the arrester manufac-
connection must be protected from any turer’s acceptance letter provided by
potential internal or external ignition the Coast Guard.
source; and (b) On either side of a detonation ar-
(2) Have either an inerting, enrich- rester, line size expansions must be in
ing, or diluting system that meets the a straight pipe run and must be no
requirements of 33 CFR 154.2107, or a closer than 120 times the pipe’s diame-
base loading system that meets the re- ter from the detonation arrester unless
quirements of 33 CFR 154.2107(m). the manufacturer has test data to show
(i) A VCS that uses a vapor balancing the expansion can be closer.
system in which cargo vapor from a
vessel or facility storage tank is trans- § 154.2107 Inerting, enriching, and di-
ferred through the facility vapor col- luting systems.
lection system to facility storage This section applies only to facilities
tanks or a vessel must meet the re- that control vapors of flammable, com-
quirements of 33 CFR 154.2110. bustible, or non-high flash point liquid
(j) Each outlet of a VCS that vents to cargoes.
the atmosphere, except for a discharge (a) Before receiving cargo vapor, a
vent from a vapor destruction unit or vapor control system (VCS) that uses a
relief valve installed to comply with 33 gas for inerting, enriching, or diluting
CFR 154.2103(j) and (k) or 33 CFR must be capable of inerting, enriching,
154.2203(e), (k), and (l), must have one or diluting the vapor collection sys-
of the following located at the outlet: tem, at a minimum of two system vol-
(1) A detonation arrester; ume exchanges of inerting, enriching,
(2) An end-of-line flame arrester that or diluting gas, downstream of the in-
meets ASTM F 1273 (incorporated by jection point.
reference, see 33 CFR 154.106); or (b) A VCS that uses an inerting, en-
(3) An end-of-line flame arrester that riching, or diluting system must be
meets UL 525 (incorporated by ref- equipped, except as permitted by 33
erence, see 33 CFR 154.106) if— CFR 154.2105(a), with a gas injection
(i) The discharge vent stream’s total and mixing arrangement located as
flammable concentration is proven to close as practicable to the facility
be less than 50 percent of the lower vapor connection and no closer than 10
flammable limit, or the stream’s oxy- meters (32.8 feet) upstream from the
gen concentration is proven to be less vapor processing unit or the vapor-
than 70 percent by volume of the moving device that is not protected by
MOCC, at all times by an outlet con- a detonation arrester required by 33
centration analyzer for carbon beds, CFR 154.2108(b). The total pipe length
proof of correct operating temperature between the arrangement and the facil-
for refrigeration systems, or proof of ity vapor connection must not exceed
scrubbing medium flow for scrubbers; 22 meters (72.2 feet). The arrangement
and must be such that it provides complete
353
§ 154.2107 33 CFR Ch. I (7–1–20 Edition)
mixing of the gases within 20 pipe di- automatic shutdown system required
ameters of the injection point. The by paragraph (l) of this section; and
vapor piping between the arrangement (6) When voting systems using more
and the facility vapor connection must than two hydrocarbon analyzers are
be protected from any potential inter- used, the majority pair controls the di-
nal or external ignition source. luting system and activates the alarm
(c) A VCS that uses an inerting or en- and automatic shutdown system re-
riching system may not be operated at quired by paragraph (l) of this section.
a vacuum after the injection point un- (e) A VCS that uses volumetric meas-
less— urements to control the amount of
(1) There are no vacuum relief valves inerting, enriching, or diluting gas in-
or other devices that could allow air jected into the vapor collection line
into the vapor collection system down- must be equipped, except as permitted
stream of the injection point, and pipe by paragraph (m) of this section, with
connections are flanged, threaded, or at least one analyzer to activate the
welded so no air can leak into the VCS; alarms and automatic shutdown sys-
or tems required by this section.
(2) An additional analyzer is used to (f) Each oxygen or hydrocarbon ana-
monitor the vapor concentration down- lyzer required by this section must—
stream of such device and a mechanism (1) Be installed in accordance with
is provided to inject additional API 550 (incorporated by reference, see
inerting or enriching gas. 33 CFR 154.106);
(d) A VCS that uses analyzers to con- (2) Have a system response time of
trol the amount of inerting, enriching, not more than one minute from sample
or diluting gas injected into the vapor input to 95 percent of final stable value
collection line must be equipped with as tested per 33 CFR 154.2180 and 33
at least two analyzers. The analyzers CFR 154.2181; and
must be connected so that— (3) Continuously sample the vapor
(1) When two oxygen analyzers are concentration not more than 30 pipe di-
used, the higher oxygen concentration ameters from the gas injection point.
reading controls the inerting or enrich- (g) A VCS must not use oxygen ana-
ing system and activates the alarm and lyzers that operate at elevated tem-
automatic shutdown system required peratures (i.e., zirconia oxide or
by paragraph (h), (j), or (k)(2) of this thermomagnetic).
section; (h) An inerting system must—
(2) When voting systems using more (1) Supply sufficient inert gas to the
than two oxygen analyzers are used, vapor stream to ensure that the oxygen
the majority pair controls the inerting concentration downstream of the injec-
or enriching system and activates the tion point is maintained at or below 60
alarm and automatic shutdown system percent by volume of the minimum ox-
required by paragraph (h), (j), or (k)(2) ygen concentration for combustion
of this section; (MOCC) for the specific combination of
(3) When two hydrocarbon analyzers cargo vapors and inert gas being proc-
are used, the lower hydrocarbon con- essed, which may be determined by
centration reading controls the enrich- using Coast Guard guidance available
ing system and activates the alarm and at http://homeport.uscg.mil;
automatic shutdown system required (2) Activate an alarm that satisfies
by paragraph (i) of this section; the requirements of 33 CFR 154.2100(e)
(4) When voting systems using more when the oxygen concentration in the
than two hydrocarbon analyzers are vapor collection line exceeds 60 percent
used, the majority pair controls the en- by volume of the MOCC for the specific
riching system and activates the alarm combination of cargo vapors and inert
and automatic shutdown system re- gas being processed, which may be de-
quired by paragraph (i) of this section; termined by using Coast Guard guid-
(5) When two hydrocarbon analyzers ance available at http://home-
are used, the higher hydrocarbon con- port.uscg.mil;

centration reading controls the dilut- (3) Close the remotely operated cargo
ing system and activates the alarm and vapor shutoff valve required by 33 CFR
354
154.2101(a) when the oxygen concentra- which may be determined by using

tion in the vapor collection line ex- methods found in Coast Guard guid-
ceeds 70 percent by volume of the ance available at http://home-
MOCC for the specific combination of port.uscg.mil, may be used.
cargo vapors and inert gas being proc- (j) Oxygen analyzers may be used in-
essed, which may be determined by stead of hydrocarbon analyzers in a
using Coast Guard VCS guidance avail- VCS using an enriching system that re-
able at http://homeport.uscg.mil; ceives cargo vapor only from a vessel
(4) Have a detonation arrester and a with non-inerted cargo tanks, pro-
mechanism to prevent the backflow of viding that the analyzers—
flammable vapors installed between (1) Activate an alarm satisfying the
the combustion device and the inert requirements of 33 CFR 154.2100(e) when
gas injection point, if a combustion de- the oxygen concentration in the vapor
vice is used to produce the inert gas; collection line exceeds a level cor-
and responding to either a total flammable
(5) Have an alarm value in paragraph concentration of 170 percent by volume
(h)(2) of this section that is at least one of the upper flammable limit or the
percentage point less than the shut- upper flammable limit plus 10 percent-
down value in paragraph (h)(3) of this age points, whichever yields a higher
section. If the analyzers used to meas- oxygen concentration;
ure oxygen concentrations cannot ac- (2) Close the remotely operated cargo
curately differentiate between the vapor shutoff valve required by 33 CFR
alarm value and the shutoff value, the 154.2101(a) when the oxygen concentra-
alarm value must be lowered until the tion in the vapor collection line ex-
analyzers become operable. ceeds a level corresponding to either a
(i) An enriching system must— total flammable concentration of 150
(1) Supply sufficient compatible hy- percent by volume of the upper flam-
drocarbon vapor to the vapor stream to mable limit or the upper flammable
make sure that the total flammable limit plus 7.5 percentage points, which-
concentration downstream of the injec- ever yields a higher oxygen concentra-
tion point is maintained either at or tion;
above 170 percent by volume of the (3) Have an alarm value in paragraph
upper flammable limit or above the (j)(1) of this section that is at least one
upper flammable limit plus 10 percent- percentage point less than the shut-
age points, whichever is lower; down value in paragraph (j)(2) of this
(2) Activate an alarm that satisfies section. If the oxygen analyzers used to
the requirements of 33 CFR 154.2100(e) measure oxygen concentrations cannot
when the total flammable concentra- accurately differentiate between the
tion in the vapor collection line either alarm value and the shutdown value,
falls below 170 percent by volume of the the alarm value must be lowered until
upper flammable limit or below the the analyzers become operable; and
upper flammable limit plus 10 percent- (4) Have an upper flammable limit
age points, whichever is lower; listed in paragraphs (j)(1) and (j)(2) of
(3) Close the remotely operated cargo this section which is either the cargo’s
vapor shutoff valve required by 33 CFR upper flammable limit or the enriching
154.2101(a) when the total flammable gas’s upper flammable limit, whichever
concentration in the vapor collection is higher. Alternatively, the mixture’s
line either falls below 150 percent by upper flammable limit, which may be
volume of the upper flammable limit or determined by using methods found in
below the upper flammable limit plus Coast Guard VCS guidance available at
7.5 percentage points, whichever is http://homeport.uscg.mil, may be used.
lower; and (k) An enriching system may be used
(4) Have an upper flammable limit in a VCS that receives inerted cargo
listed in paragraphs (i)(1), (i)(2), and vapor from a vessel if—
(i)(3) of this section which is either the (1) Hydrocarbon analyzers are used to
cargo’s upper flammable limit or the comply with paragraphs (i)(2) and (i)(3)
enriching gas’s upper flammable limit, of this section; or

whichever is higher. Alternatively, the (2) Oxygen analyzers are used, in
mixture’s upper flammable limit, which case the analyzers must—
355
§ 154.2108 33 CFR Ch. I (7–1–20 Edition)
(i) Activate an alarm meeting 33 CFR mable limit plus 10 percentage points,
154.2100(e) when the oxygen concentra- whichever is lower;
tion in the vapor collection line ex- (4) The second device activates clo-
ceeds 60 percent by volume of the sure of the remotely operated cargo
MOCC for the specific combination of vapor shutoff valve required by 33 CFR
cargo vapors and gases; and 154.2101(a) when the amount of enrich-
(ii) Close the remotely operated ing gas added results in a total flam-
cargo vapor shutoff valve required by mable concentration in the vapor col-
33 CFR 154.2101(a) when the oxygen con- lection line either below 150 percent by
centration exceeds 70 percent by vol- volume of the upper flammable limit or
ume of the MOCC for the specific com- below the upper flammable limit plus
bination of cargo vapors and gases; and 7.5 percentage points, whichever is
(3) The MOCC in paragraphs (k)(2)(i) lower; and
and (k)(2)(ii) of this section is either (5) The upper flammable limit in
the cargo’s MOCC or the enriching paragraphs (m)(3) and (4) of this section
gas’s MOCC, whichever is lower. Alter- is either the cargo’s upper flammable
natively, the mixture’s MOCC, which limit or the enriching gas’s upper flam-
may be determined using Coast Guard mable limit, whichever is higher. Al-
VCS guidance available at http://home- ternatively, the mixture’s upper flam-
port.uscg.mil, may be used. mable limit, which may be determined
(l) An air dilution system must— using Coast Guard guidance available
(1) Supply a sufficient amount of ad- at http://homeport.uscg.mil, may be used.
ditional air to the vapor stream to (n) For controlling vapors of different
keep the total flammable concentra- cargoes at multiple berths while using
tion downstream of the injection point enriching gas, the highest upper flam-
below 30 percent by volume of the mable limit or the lowest MOCC of the
lower flammable limit; cargo or enriching gas, whichever is ap-
(2) Activate an alarm that satisfies plicable, is used to determine the ana-
the requirements of 33 CFR 154.2100(e) lyzer alarm and shutdown setpoints.
when the total flammable concentra- Alternatively, the mixture’s upper
tion in the vapor collection line ex- flammable limit or MOCC, which may
ceeds 30 percent by volume of the lower be determined by using Coast Guard
flammable limit; and guidance available at http://home-
(3) Close the remotely operated cargo port.uscg.mil, may be used.
vapor shutoff valve required by 33 CFR (o) For controlling vapors of inert
154.2101(a) when the total flammable and non-inert cargoes at multiple
concentration in the vapor collection berths while using enriching gas—
line exceeds 50 percent by volume of
(1) The lowest MOCC of the cargo or
the lower flammable limit.
enriching gas is used to determine the
(m) An enriching system may use a
analyzer alarm and shutdown setpoints
base loading method to control the
at all berths. Alternatively, the mix-
amount of enriching gas in a vapor col-
ture’s MOCC, which may be determined
lection system if—
using Coast Guard guidance available
(1) The flow rate of enriching gas is
at http://homeport.uscg.mil, may be used;
determined by assuming the vapor en-
or
tering the facility vapor connection
consists of 100 percent air; (2) A base loading method meeting
(2) Two independent devices are used the requirements of paragraph (m) of
to verify the correct enriching gas vol- this section is used for all berths.
umetric flow rate. One of the two de-
§ 154.2108 Vapor-moving devices.
vices must be a flow meter;
(3) One of the devices activates an (a) Paragraphs (b) and (e) of this sec-
alarm that satisfies the requirements tion apply only to facilities collecting
of 33 CFR 154.2100(e) when the amount vapors of flammable, combustible, or
of enriching gas added results in a non-high flash point liquid cargoes.
total flammable concentration in the (b) Each inlet and outlet to a vapor-
vapor collection line either below 170 moving device that handles vapor that
percent by volume of the upper flam- has not been inerted, enriched, or di-
mable limit or below the upper flam- luted in accordance with 33 CFR
356
154.2107 must be fitted with a detona- § 154.2109 Vapor recovery and vapor
tion arrester; however, the outlet deto- destruction units.
nation arrester may be omitted if the
Paragraphs (a), (b), and (e) of this
vapor-moving device is within 50 times
section apply only to facilities col-
the pipe’s diameter of the detonation
lecting vapors of flammable, combus-
arrester required by 33 CFR 154.2109(a).
tible, or non-high flash point liquid
(c) If the vapor is handled by a recip-
cargoes.
rocating or screw-type compressor in
the vapor collection system, the com- (a) The inlet to a vapor recovery unit
pressor must be installed with indica- that receives vapor that has not been
tors and audible and visible alarms to inerted, enriched, or diluted in accord-
warn against the following conditions: ance with 33 CFR 154.2107 must be
(1) Excessive gas temperature at the fitted with a detonation arrester.
compressor outlet; (b) The inlet to a vapor destruction
(2) Excessive cooling water tempera- unit must—
ture; (1) Have a liquid seal that meets the
(3) Excessive vibration; requirements of paragraph (e) of this
(4) Low lube oil level; section, except as specified by para-
(5) Low lube oil pressure; and graph (b)(3) of this section; and
(6) Excessive shaft bearing tempera- (2) Have two quick-closing stop
ture. valves installed in the vapor line. One
(d) If the vapor is handled by a liquid of them must be installed upstream of
ring-type compressor in the vapor col- the detonation arrester required by
lection system, it must be installed paragraph (c)(2) of this section. The
with indicators and audible and visible quick-closing stop valves must—
alarms to warn against the following (i) Close within 30 seconds after de-
conditions: tection of a condition that requires the
(1) Low level of liquid sealing me- closing of these two quick-closing stop
dium; valves by a control component required
(2) Lack of flow of the liquid sealing by this subpart for a vapor control sys-
medium; tem (VCS) with a vapor destruction
(3) Excessive temperature of the liq- unit;
uid sealing medium; (ii) Close automatically if the control
(4) Low lube oil level; signal is lost;
(5) Low lube oil pressure, if pressur- (iii) Have a local valve position indi-
ized lubricating system; and cator or be designed so that the valve
(6) Excessive shaft bearing tempera- position is readily determined from the
ture. valve handle or valve stem position;
(e) If the vapor is handled by a cen- and
trifugal compressor, fan, or lobe blower
(iv) If the valve seat is fitted with re-
in the vapor collection system, con-
silient material, be a Category A valve
struction of the blades or housing must
as defined by 46 CFR 56.20–15 and not
be one of the following:
allow appreciable leakage when the re-
(1) Blades or housing of nonmetallic
silient material is damaged or de-
construction;
stroyed; and
(2) Blades and housing of nonferrous
material; (3) Instead of a liquid seal as required
(3) Blades and housing of corrosion by paragraph (b)(1) of this section, have
resistant steel; the following:
(4) Ferrous blades and housing with (i) An anti-flashback burner accepted
one-half inch or more design tip clear- by the Commandant and installed at
ance; each burner within the vapor destruc-
(5) Nonferrous blades and ferrous tion unit; and
housing with one-half inch or more de- (ii) A differential pressure sensor
sign tip clearance; or that activates the quick-closing stop
(6) Blades of aluminum or magne- valves as required by paragraph (b)(2)
sium alloy and a ferrous housing with of this section upon sensing a reverse
a nonferrous insert sleeve at the pe- flow condition.
riphery of the impeller. (c) A vapor destruction unit must—
357
§ 154.2110 33 CFR Ch. I (7–1–20 Edition)
(1) Not be within 30 meters (98.8 feet) tem, arranged to prevent the cargo
of any tank vessel berth or mooring at from entering the vapor return line;
the facility; (2) Have a detonation arrester lo-
(2) Have a detonation arrester fitted cated within the storage tank contain-
in the inlet vapor line; and ment area and a detonation arrester lo-
(3) Activate an alarm that satisfies cated as close as practicable to the fa-
the requirements of 33 CFR 154.2100(e) cility vapor connection. The total pipe
and shut down when a flame is detected length between the detonation arrester
on the detonation arrester. and the facility vapor connection must
(d) When a vapor destruction unit not exceed 18 meters (59.1 feet) and the
shuts down or has a flame-out condi- vapor piping between the detonation
tion, the vapor destruction unit con- arrester and the facility vapor connec-
trol system must— tion must be protected from any poten-
(1) Activate and close the quick-clos- tial internal or external ignition
ing stop valves required by paragraph source;
(b)(2) of this section;
(3) Meet the overpressure and over-
(2) Close the remotely operated cargo
vacuum protection requirements of 33
vapor shutoff valve required by 33 CFR
CFR 154.2103; and
154.2101(a); and
(4) As an alternative to paragraph
(3) Automatically shut down any
vapor-moving devices installed in the (a)(2) of this section, inert cargo sys-
VCS. tems can meet the requirements of 33
(e) If a liquid seal is installed at the CFR 2105(a)(1).
inlet to a vapor destruction unit, (b) A vapor balancing system, while
then— in operation to transfer vapor to or
(1) The liquid used in the liquid seal from a vessel cargo tank and connected
must be compatible with the vapors by way of the facility storage tank
being controlled; vent to a facility’s main VCS with a
(2) For partially or totally soluble vapor destruction unit, must have—
cargoes that can polymerize in solu- (1) A means to prevent backflow of
tion, there must be an adequate vapor from the facility’s main VCS to
amount of inhibitor in the liquid seal; the marine vapor line; and
(3) The liquid seal must be compat- (2) Two fail-safe, quick-closing valves
ible with the design of the VCS and installed in the marine vapor line at
must not contribute to the flamma- the facility storage tank that auto-
bility of the vapor stream; and matically close when—
(4) The liquid seal must have a low- (i) Flame is detected on the facility
level alarm and a low-low level shut- storage tank; or
down. (ii) The temperature of the facility
storage tank’s vapor space reaches 177
§ 154.2110 Vapor balancing require-
ments. °C (350 °F) or 70 percent of the vapor’s
auto-ignition temperature in degrees
Paragraphs (a)(2) and (4), (b), and (c) Celsius, whichever is lower.
of this section apply only to facilities (c) Transferring vapor from a non-
transferring vapors of flammable, com- inerted facility storage tank to a vessel
bustible, or non-high flash point liquid
cargo tank that is required to be
cargoes.
inerted in accordance with 46 CFR
(a) A vapor control system (VCS)
32.53, 153.500, or Table 151.05, is prohib-
that uses a vapor balancing system in
ited.
which cargo vapor is transferred from a
vessel cargo tank or facility storage (d) A vapor balancing system that
tank through the facility vapor collec- transfers vapor to a vessel cargo tank
tion system to a facility storage tank must not use a vapor-moving device to
or vessel cargo tank must— assist vapor transfer or inject inerting,
(1) Have facility storage tank high- enriching, or diluting gas into the
level alarm systems and facility stor- vapor line without approval from the
age tank overfill control systems, inde- Commandant.
pendent of the high-level alarm sys-
358
§ 154.2111 Vapor control system con- to polymerize at a normal ambient

nected to a facility’s main vapor condition must—
control system. (1) Be designed to prevent condensa-
(a) When a marine vapor control sys- tion of monomer vapor. Methods such
tem (VCS), or a marine vapor collec- as heat tracing and insulation are per-
tion system, is connected to a facility’s mitted if they do not result in an in-
main VCS serving other facility proc- creased risk of polymerization;
essing areas that are not related to (2) Be designed so that polymeriza-
tank vessel operations, the marine tion can be detected. Any points sus-
vapor line, before the point where the pected of being sites for potential po-
marine VCS connects to the facility’s lymerization buildup must be equipped
main VCS, must be fitted with— with inspection openings; and
(1) A detonation arrester, unless both (3) Include devices to measure the
the marine VCS and the facility’s main pressure drop across detonation arrest-
VCS only control vapors of cargoes ers due to polymerization. The devices
that are non-flammable, non-combus- should activate an alarm on high pres-
tible, or that have high flashpoints; sure drop to warm of polymerization.
(2) Two fail-safe, quick closing Any device used for this purpose, in-
valves, one on each side of any detona- cluding differential pressure monitors,
tion arrester required by paragraph must not have the capability of trans-
(a)(1) of this section, which automati- mitting a detonation across the deto-
cally close when— nation arrester.
(i) A flame is detected on the detona- (b) A VCS that controls cargo vapors
tion arrester; that potentially freeze at ambient tem-
(ii) The facility’s marine VCS is not perature must have a design that pre-
in operation; or vents the freezing of vapors or conden-
(iii) Vapor back flow to the marine sate at ambient temperature or that
vapor line is detected; and detects and removes the liquid conden-
(3) A means to prevent backflow of sate and solids to prevent accumula-
vapors to the marine vapor line. tion.
(b) Vapors from facility processing
areas unrelated to tank vessel oper- § 154.2113 Alkylene oxides—Special re-
ations must not enter the vapor line of quirements.
a marine VCS before the devices re-
quired by paragraph (a) of this section. A vapor control system (VCS) that
(c) Except as specified by paragraph controls vapors of an alkylene oxide,
(d) of this section, a facility that wants except for carriage under 46 CFR part
to connect a facility vapor line, which 151 (listed in Table 151.05 with ‘‘Pres-
collects vapor from other facility proc- sure’’ entry in the ‘‘Cargo identifica-
essing areas that are not related to tion, Pressure, b’’ column), must com-
tank vessel operations, to a marine ply with paragraphs (a) and (b) of this
VCS before the devices required by 33 section.
CFR 154.2109(b)(1) and (2) and (c)(2), (a)(1) The VCS’s equipment, hoses,
must receive approval in writing from piping, and all piping components, in-
the Commandant. cluding valves, flanges, and fittings,
(d) A facility may connect a facility must be of a type and constructed out
vapor line, which collects vapor from of materials suitable for use with al-
other facility processing areas that are kylene oxide;
not related to tank vessel operations, (2) The VCS used for collecting an al-
to a marine vapor line downstream of kylene oxide vapor must not be used
the devices required by 33 CFR for collecting other vapors and must be
154.2109(b)(1) and (2) and (c)(2) to share separated from any other VCS, except
the marine vapor destruction unit. as specified by paragraph (b) of this
section; and
§ 154.2112 Vapors with potential to po- (b) The VCS must be adequately
lymerize or freeze—Special require- cleaned in accordance with 33 CFR
ments. 154.2150(p) and either recertified by a

(a) A vapor control system (VCS) certifying entity or approved by a ma-
that controls vapors with the potential rine chemist if—
359
§ 154.2150 33 CFR Ch. I (7–1–20 Edition)
(1) The VCS is used to control other (3) Visible and audible alarm indica-
vapors; or tors must be tested not more than 24
(2) The VCS is returned to alkylene hours before each transfer;
oxide service after being used to con- (4) The analyzers, except for flamma-
trol other cargo vapors. bility analyzers, required by 33 CFR
154.2105, 154.2107, and 154.2110, except as
TRANSFER FACILITIES—OPERATIONS exempted by paragraph (c)(5) of this
§ 154.2150 General requirements. section, must be checked for calibra-
tion response by using a zero gas and a
(a) No transfer operation using a span gas not more than 24 hours before
vapor control system (VCS) may be each transfer;
conducted unless the facility operator (5) The analyzers required by 33 CFR
has a copy of the facility operations 154.2105, 154.2107, and 154.2110 may be
manual, with the VCS addendum, checked for calibration response by use
marked by the local Coast Guard Cap- of a zero gas and a span gas as defined
tain of the Port (COTP) as required by by the test program contained in 33
33 CFR 154.325(d). CFR 154.2180 and 33 CFR 154.2181, and
(b) Personnel in charge of a facility comply with the minimum require-
must ensure that— ments as defined in 33 CFR 154.2180 and
(1) The facility controls vapor only 33 CFR 154.2181, instead of the test re-
from cargoes that are properly author- quired by paragraph (c)(4) of this sec-
ized for vapor control in the facility’s tion; and
certification letter;
(6) The vacuum and pressure relief
(2) The facility transfers vapor only
valves required by 33 CFR 154.2103 must
to or from a vessel that has its certifi-
be manually checked per manufactur-
cate of inspection or certificate of com-
ers’ instructions to verify that the
pliance endorsed in accordance with 46
valves unseat easily and then reset to
CFR 39.1013 or 46 CFR 39.1015 for each
cargo intended for transfer; and the closed position without constraint.
(3) If the vessel tanks to be vapor Any required flame screens or flame
controlled contain vapor from previous arresters must also be visually checked
cargo transfers other than the cargo or to ensure that they are not damaged.
cargoes intended for transfer, the facil- (d) The proper position of all valves
ity and vessel must be authorized to in the vapor line between the vessel’s
control the additional vapor from the tanks and the facility vapor collection
previous cargo transfers. Any oxygen system must be verified before the
or hydrocarbon analyzer alarm and start of the transfer operation.
shutdown setpoints must be set to ac- (e) A tank barge overfill control sys-
commodate all of the cargo vapors. tem that meets the requirements of 46
(c) The facility personnel in charge CFR 39.2009(a)(2) must—
must ensure that safety system testing (1) Not be connected to an overfill
is conducted as follows: sensor circuit that exceeds the sys-
(1) Pressure sensors, alarms, and tem’s rated inductance and capaci-
automatic shutdown systems required tance; and
by 33 CFR 154.2103, 154.2107, and 154.2110, (2) Be tested for proper operation
except as exempted by paragraph (c)(2) after connection is made with the ves-
or specified by paragraph (c)(3) of this sel by simulating liquid high level and
section, must be tested by applying al- overfill at each tank.
tering test pressures at the sensors not (f) When receiving vapor from a ves-
more than 24 hours before each trans- sel with cargo tanks that are required
fer; to be inerted in accordance with 46
(2) The pressure sensors required by CFR 32.53, 46 CFR 153.500, or 46 CFR
33 CFR 154.2103 may meet the require- Table 151.05, the remotely operated
ments of the test program contained in cargo vapor shutoff valve required by
33 CFR 154.2180 and 33 CFR 154.2181 in- 33 CFR 154.2101(a) must not be opened
stead of the current program, which until the pressure at the facility vapor
mandates tests within 24 hours before connection, downstream of the facility

each transfer as required by paragraph vapor connection, exceeds 0.2 pounds
(c)(1) of this section; per square inch gauge (psig).
360
(g) The initial cargo transfer rate (ix) Amount of ullage space that is
must not exceed the rate agreed upon available for line displacement and
at the pre-transfer conference and 46 connections;
CFR 39.3001(g). (x) Valve alignment;
(h) The cargo transfer rate must not (xi) Units of measure;
exceed the maximum allowable trans- (xii) Terminology; and
fer rate as determined by the lesser of (xiii) Anticipated duration of the
the following: evolution;
(1) A transfer rate corresponding to (4) The pig must be inspected to en-
the maximum vapor processing rate for sure that it is of sufficient durability
the VCS, as specified in the facility op- and condition; be of an appropriate
erations manual; or size, type, and construction for the in-
(2) The vessel’s maximum transfer tended operation; and be inspected for
rate in accordance with 46 CFR defects before each use and replaced if
39.3001(d). necessary;
(i) While transferring cargo to a ves- (5) Personnel performing pigging op-
sel connected to a VCS, compressed air erations must monitor pig movement
or gas may be used to clear cargo hoses at all times. The facility and vessel
and loading arms, but must not be used manifold valves must be closed imme-
to clear cargo lines. However, com- diately after the pig reaches the pig-re-
pressed inert gas such as nitrogen can ceiving device; and
be used to clear cargo lines if a pigging (6) If the pigging system contains
system that meets 33 CFR 154.2104 is pressure-sensing, relieving, or alarm-
provided. ing components in addition to those re-
(j) If a pigging system is used to clear quired by 33 CFR 154.2103, the compo-
cargo lines to the tank vessel while the nents must be periodically tested in ac-
vessel is connected to the facility VCS, cordance with paragraphs (c) and (q) of
the following operational requirements this section.
apply: (k) If one or more analyzers required
(1) The VCS must be in operation, by 33 CFR 154.2107(d) or (e) or 154.2110
with all of the high-pressure alarms become inoperable during a transfer
and shutdowns required by 33 CFR operation, the operation may continue,
154.2103 active, before and during pig- provided that at least one analyzer re-
ging operations; mains operational; however, no further
(2) Personnel performing the pigging transfer operations may start until all
operation must be adequately trained inoperable analyzers are replaced or re-
on the specific pigging system being paired.
used. Accurate written procedures that (l) Whenever a condition results in a
address event sequence, equipment, shutdown of the VCS, the emergency
safety precautions, and overpressuriza- shutdown system required by 33 CFR
tion hazards must be made available to 154.550 must be automatically acti-
all personnel involved in the pigging vated to terminate cargo loading into
operations; tanks which are being vapor con-
(3) Pigging procedures must be re- trolled.
viewed by both the vessel and facility (m) If it is suspected that a flare in
personnel in charge as part of the pre- the VCS has had a flashback, or if a
transfer conference. Topics of discus- flame is detected on a detonation ar-
sion during the pre-transfer conference rester required by 33 CFR 154.2109(c)(2),
must include, but need not be limited the transfer operation must stop and
to— cannot restart until that detonation
(i) Event sequence; arrester and any quick-closing stop
(ii) Equipment; valves downstream of the detonation
(iii) Safety precautions; arrester are inspected and found to be
(iv) Overpressurization hazards; in satisfactory condition.
(v) Personnel roles; (n) Before each transfer operation,
(vi) Gas volumetric flow rates; the freezing point of each cargo must
(vii) Gas pressures; be determined. If there is a possibility

(viii) Volume of residual cargo in the that the ambient air temperature dur-
line; ing transfer operations will be at or
361
§ 154.2180 33 CFR Ch. I (7–1–20 Edition)
below the freezing point of the cargo, ALTERNATIVE ANALYZER AND PRESSURE
adequate precautions must be taken to SENSOR RELIABILITY TESTING
prevent freezing of vapor or conden-
sate, or to detect and remove the fro- § 154.2180 Alternative testing pro-
zen liquid and condensation to prevent gram—Generally.
accumulation. (a) As an alternative to complying
(o) Before each transfer operation, with the vapor control system (VCS)
the cargo vapor must be evaluated to analyzer and pressure sensor safety
determine its potential to polymerize, testing requirements provided by 33
and adequate precautions must be CFR 154.2150(c) and 33 CFR 154.2250(c),
taken to prevent and detect polym- the facility person in charge may ad-
erization of the cargo vapors. minister a reliability assurance test
program in accordance with this sec-
(p) Mixing of incompatible vapors is
tion and 33 CFR 154.2181.
prohibited. The VCS piping, equipment,
(b) As used in this section—
hoses, valves, and arresters must be
purged between vapor control oper- (1) Calibration drift or CD means the
difference in the analyzer output read-
ations that involve incompatible chem-
ings from the established reference
ical vapors in accordance with the fol-
value after a stated period of operation
lowing:
during which no unscheduled mainte-
(1) Chemical compatibility must be nance, repair, or adjustment took
determined by using the procedures place;
contained in 46 CFR part 150; (2) Calibration error or CE means the
(2) Purge gas must be an inert gas, difference between the gas concentra-
air, or enriching gas, and must be ade- tion exhibited by the gas analyzer and
quate to reduce the level of residual the known concentration of the cyl-
vapor to a level at which reaction with inder gas;
the subsequent vapor cannot occur; and (3) Response time or RT means the
(3) The required duration of purge time interval between the start of a
time must be calculated and approved step change in the system input (e.g.,
by the certifying entity during the cer- change of calibration gas) and the time
tification or recertification. when the data recording system dis-
(q) After each transfer operation, the plays 95 percent of the final stable
VCS piping, equipment, hoses, valves, value; and
and arresters must be purged with at (4) Sampling system bias or SSB means
least two-system volume exchanges of the difference between the gas con-
non-reactive gas or air so the VCS is centrations indicated by the measure-
left with a safe condition. ment system when a known cylinder
(r) VCS equipment and instrumenta- gas is introduced at or near the sam-
tion must be tested in compliance with pling probe and when the same gas is
33 CFR 156.170(g) or (i), with the COTP introduced directly to the analyzer.
or designated representative invited to (c) All analyzers used in a VCS must
observe these tests. The test procedure be tested for safety system functions,
CE, CD, RT, and SSB, in accordance
and a checklist must be approved by
with 33 CFR 154.2181.
the certifying entity during the initial
(d) All pressure sensors/switches used
certification of the system and incor-
in a VCS must be tested for safety sys-
porated into the facility operations
tem functions, CE and CD, in accord-
manual. ance with 33 CFR 154.2181.
(s) A transfer operation that includes (e) The facility person in charge must
collection of vapor emitted to or from ensure the following:
a vessel’s cargo tanks must meet the (1) Calibration of instrumentation
transfer requirements of 33 CFR using standard procedures provided by
156.120(aa), and a declaration of inspec- the manufacturer or service provider;
tion meeting the requirements of 33 (2) Monitoring of all interlocks,
CFR 156.150 must be completed before alarms, and recording devices for prop-
each transfer. er operation while instrumentation is
being calibrated;
362
(3) Use of a certified gas standard performed once every two weeks and
that is within plus or minus two (2) test for the proper operation and inter-
percent of its certified concentration action of the analyzer or pressure sen-
to calibrate the analyzers; and sor/switch with shutdown interlocks,
(4) Use of a certified secondary stand- and audible and visible alarm devices.
ard that is standardized against a pri- (b) The calibration error (CE) test re-
mary standard to calibrate the pres- quired by 33 CFR 154.2180 must be per-
sure sensors/switches. formed once every month and docu-
(f) Upon failing any test under 33 mented as shown in Forms 154.2181(b)(2)
CFR 154.2181, the facility person in
and 154.2181(b)(3) of this section, to doc-
charge must ensure that all monthly
ument the accuracy and linearity of
and quarterly tests, including CE, CD,
RT, and SSB, are conducted; and until the monitoring equipment for the en-
all quarterly tests are completed, the tire measurement range.
person in charge must ensure that the (1) The CE test must expose the
vapor control alarms and automatic measurement system, including all
shutdown system are tested no more monitoring components (e.g., sample
than 24 hours prior to any transfer or lines, filters, scrubbers, conditioners,
tank barge cleaning operation. and as much of the probe as prac-
(g) Analyzers required by 33 CFR ticable), to the calibration gases, intro-
154.2105(a) and (j) and 154.2107(d) and (e) duced through an injection port lo-
must be checked for calibration using a cated so as to allow a check of the en-
zero gas and a span gas. tire measurement system when calibra-
(h) The facility operator must main- tion gases are introduced;
tain and make available upon the re- (2) The CE test must check the cali-
quest of the Commandant and the cer- brated range of each analyzer using a
tifying entity that certifies the VCS lower (zero) and upper (span) reference
the following reliability assurance test gas standard. Three measurements
program documents for two years: must be taken against each standard
(1) All test procedures;
and recorded as shown in Form
(2) The dates of all tests, type of tests
154.2181(b)(2) of this section, with the
made, and who conducted the tests;
(3) Results of the tests, including the average of the three values in each case
‘‘as found’’ and ‘‘as left’’ conditions; then used to calculate the CE accord-
and ing to this equation (where CE = per-
(4) A record of the date and time of centage calibration error based upon
repairs made. span of the instrument, R = reference
value of zero or high-level calibration
§ 154.2181 Alternative testing pro- gas introduced into the monitoring
gram—Test requirements. system, A = actual monitoring system
(a) The safety system function test response to the calibration gas, and S =
required by 33 CFR 154.2180 must be span of the instrument):
Form 154.2181(b)(2): Calibration error

determination.
Difference
Calibration Monitor
value response Zero Span
1-Zero ....................................................................................
1-Span ...................................................................................
363
ER16JY13.001</GPH>
§ 154.2181 33 CFR Ch. I (7–1–20 Edition)
Difference
Calibration Monitor
value response Zero Span
2-Zero ....................................................................................
2-Span ...................................................................................
3-Zero ....................................................................................
3-Span ...................................................................................
Mean Difference =
Calibration Error = % %
(3) The CE test must check each pres- as-found set pressure. Calculate and
sure sensor/switch for upscale (acti- record the difference of the two set-
vate) and downscale (deactivate) tings. Calculate the error percentage
hysteresis around the sensor/switch set using this equation (where CE = per-
pressure. The calibration error must be centage calibration error based upon
calculated and recorded as shown in span of the instrument, R = reference
Form 154.2181(b)(3) of this section. Test setting of the instrument, A = actual
the pressure sensor/switch three times response as recorded on the test instru-
and record the desired setting and the ment, and S = span of the instrument):
Record sensor ‘‘as-left’’ setting only if

an adjustment is made.
364
ER16JY13.002</GPH>
(c) The calibration drift (CD) test re- of this section, to verify the ability of
quired by 33 CFR 154.2180 must be per- the instrument to conform to the es-
formed once every quarter and docu- tablished calibration.
mented as shown in Form 154.2181(c)(3)
365
ER16JY13.003</GPH>
§ 154.2181 33 CFR Ch. I (7–1–20 Edition)
(1) The CD measurement must be (3) Calculate and record the CD for 7
conducted once daily for 7 consecutive consecutive days using the equations
days without making any adjustments in paragraphs (b)(2) and (3) of this sec-
to the instruments. tion and Form 154.2181(c)(3) of this sec-
(2) Conduct the CD test at zero level tion.
(between 0 and 20 percent of the instru-
Form 154.2181(c)(3): Calibration drift
ment span) and at high level (between
75 and 95 percent of the instrument determination.
span).
Reference
Day Day/time Monitor value Difference Percent of RV
value (RV)
Low-Level:
High-Level:
(d) The response time (RT) test re- variable value and the average final
quired by 33 CFR 154.2180 must be per- stable cylinder gas-measured value.
formed once every quarter and docu- (4) To determine both upscale and
mented as shown in Form 154.2181(d) of downscale step change intervals—
this section, to determine the RT (i) Inject span (or zero) cylinder gas
which is the largest average response into the sample system as close to the
time in the upscale or downscale direc- sample probe as possible. Existing sys-
tion. tems that inject the gas at the ana-
(1) For systems that normally oper- lyzer box do not need to be modified.
However, the gas transit time between
ate below 20 percent of calibrated
the analyzer box and the sample probe
range, only a span (upscale) test is re-
must be taken into account;
quired. (ii) Allow the analyzer to stabilize
(2) Record the span (upscale) value, and record the stabilized value. A sta-
zero (downscale) cylinder gas value, ble reading is achieved when the con-
and stable, initial process-measured centration reading deviates less than 6
variable value. percent from the measured average
(3) Determine the step change, which concentration in 6 minutes or if it devi-

is equal to the average difference be- ates less than 2 percent of the mon-
tween the initial process-measured itor’s span value in 1 minute;
366
(iii) Stop the span (or zero) gas flow, 95% step change value = cylinder gas
allow the monitor to stabilize back to value ¥ (0.05 × avg. step change)
the measured variable value, and (ii) Inject span (or zero) cylinder gas
record the stabilized value; and into the sample system as close to the
(iv) Repeat this procedure a total of sample probe as possible, and measure
three times and subtract the average the time it takes to reach the 95 per-
final monitor reading from the average cent step change value.
starting monitor value to determine
(iii) Repeat the previous step (para-
the average upscale (or downscale) step
graph (d)(5)(ii) of this section) a total
change.
(5) Determine the response time, of three times each with span and zero
which is equal to the elapsed time at cylinder gas to determine average
which 95 percent of the step change oc- upscale and downscale response times.
curred. (iv) Compare the response times
(i) To find this value, take 5 percent achieved for the upscale and downscale
of the average step change value and tests. The longer of these two times
subtract the result from the cylinder equals the response time for the ana-
gas analyzed value as shown in the fol- lyzer.
lowing equation:
367
ER16JY13.004</GPH>
§ 154.2200 33 CFR Ch. I (7–1–20 Edition)
(e) The sample system bias (SSB) test (a) 33 CFR 154.2100(b), (c), (f), (g), (i),
required by 33 CFR 154.2180 must be (j), and (k): general design and installa-
performed once every quarter and doc- tion requirements;
umented, to establish that the system (b) 33 CFR 154.2102: facility require-
has no additional influence on the ments for vessel liquid overfill protec-
measurement being made by the ana- tion, if a TBCF receives vapor from a
lyzer. tank barge that is required by 46 CFR
(1) Conduct a close CE test in accord- 39.6001(f)(3) to be equipped with a liquid
ance with paragraph (b) of this section, overfill protection arrangement and
by injecting calibration gas as close as meet 46 CFR 39.2009;
possible to the analyzer, eliminating as (c) 33 CFR 154.2106: detonation ar-
much of the sample system compo- rester installation;
nents as possible, while still simulating (d) 33 CFR 154.2107: inerting, enrich-
the normal source operating condi- ing, and diluting systems;
tions. (e) 33 CFR 154.2108: vapor-moving de-
(2) If system integrity is maintained, vices;
and it has not become contaminated, (f) 33 CFR 154.2109: vapor recovery
the difference between the close and and vapor destruction units;
standard CE tests should be the same. (g) 33 CFR 154.2111: VCS connected to
a facility’s main VCS;
(f) For CE and CD tests, analyzers
(h) 33 CFR 154.2112: special require-
and pressure sensors must meet the fol-
ments for vapors with the potential to
lowing minimum compliance require-
polymerize or freeze; and
ments:
(i) 33 CFR 154.2113: special require-
(1) Oxygen analyzers must not devi- ments for alkylene oxides.
ate from the reference value of the
zero- or high-level calibration gas by § 154.2201 Vapor control system—gen-
more than 0.5 percent of full scale; eral requirements.
(2) Total hydrocarbon analyzers must (a) Vapor control system (VCS) de-
not deviate from the reference value of sign and installation must eliminate
the zero- or high-level calibration gas potential overpressure and vacuum
by more than 1 percent of full scale; hazards, sources of ignition, and me-
and chanical damage to the maximum
(3) Pressure sensors/switches must practicable extent. Each remaining
not deviate from the reference value of hazard source that is not eliminated
the zero- or high-level calibration gas must be specifically addressed in the
by more than 1.5 percent of full range. protection system design and system
(g) For RT tests, each oxygen or hy- operational requirements.
drocarbon analyzer must respond, in (b) Any pressure, flow, or concentra-
less than 1 minute, to 95 percent of the tion indication required by this part
final stable value of a test span gas. must provide a remote indicator on the
(h) For SSB tests, the analyzer sys- facility where the VCS is controlled,
tem bias must be less than 5 percent of unless the local indicator is clearly
the average difference between the visible and readable from the opera-
standard CE test and the close CE test, tor’s normal position at the VCS con-
divided by the individual analyzer trol station.
span. (c) Any condition requiring an alarm
as specified in this part must activate
TANK BARGE CLEANING FACILITIES— an audible and visible alarm where the
VCS DESIGN AND INSTALLATION VCS is controlled.
(d) A mechanism must be developed
§ 154.2200 Applicable transfer facility and used to eliminate any liquid from
design and installation require- the VCS.
ments. (e) A liquid knockout vessel must be
A tank barge cleaning facility’s installed between the facility vapor
(TBCF’s) vapor control system (VCS) connection and any vapor-moving de-
must meet the following design and in- vice in systems that have the potential
stallation requirements of this subpart for two-phase (vapor/liquid) flow from
for a transfer facility’s VCS: the barge or the potential for liquid
368
condensate to form as a result of the (e) Fixed vapor collection arms must
enrichment process. The liquid knock- meet the requirements of paragraph (d)
out vessel must have— of this section.
(1) A means to indicate the level of
liquid in the device; § 154.2203 Facility requirements for
(2) A high liquid level sensor that ac- barge vapor overpressure and vacu-
tivates an alarm that satisfies the re- um protection.
quirements of 33 CFR 154.2100(e); and In this section, the requirements of
(3) A high-high liquid level sensor having a flame arrester or a flame
that closes the remotely operated screen at the opening of a pressure re-
cargo vapor shutoff valve required by lief valve or a vacuum relief valve
33 CFR 154.2101(a) and shuts down any apply only to facilities collecting va-
vapor-moving device before liquid is pors of flammable, combustible, or
carried over to the vapor-moving de- non-high flash point liquid cargoes.
vice. One sensor with two stages may (a) A facility vapor collection system
be used to meet this requirement as must have a capacity for collecting
well as paragraph (e)(2) of this section. cleaning facility vapors at a rate of no
less than 1.1 times the facility’s max-
§ 154.2202 Vapor line connections. imum allowable gas-freeing rate, plus
(a) 33 CFR 154.2101(a), (e), and (g) any inerting, diluting, or enriching gas
apply to a tank barge cleaning facili- that may be added to the system.
ty’s (TBCF’s) vapor control system (b) A facility vapor control system
(VCS). (VCS) must be designed to prevent the
(b) The remotely operated cargo pressure in a vessel’s cargo tanks from
vapor shutoff valve required by 33 CFR going below 80 percent of the highest
154.2101(a) must be located upstream of setting of any of the barge’s vacuum
the liquid knockout vessel required by relief valves or exceeding 80 percent of
33 CFR 154.2201(e). the lowest setting of any of the barge’s
(c) A fluid displacement system must pressure relief valves. The VCS must be
have a remotely operated shutoff valve capable of maintaining the pressure in
installed in the fluid injection supply the barge’s cargo tanks within this
line between the point where the inert range at any gas-freeing rate less than
gas or other medium is generated and or equal to the maximum gas-freeing
the fluid injection connection. The rate determined by the requirements in
valve must comply with 33 CFR 46 CFR 39.6007(c).
154.2101(a)(1) through (6). (c) A fluid displacement system must
(d) Each hose used for transferring provide a pressure-sensing device that
vapors must— activates an alarm that satisfies the
(1) Have a design burst pressure of at requirements of 33 CFR 154.2100(e) when
least 25 pounds per square inch gauge the pressure at the fluid injection con-
(psig); nection exceeds either the pressure cor-
(2) Have a maximum allowable work- responding to the upper pressure deter-
ing pressure (MAWP) no less than 5 mined in paragraph (b) of this section
psig; or a lower pressure agreed upon by the
(3) Be capable of withstanding at facility and barge persons in charge.
least the maximum vacuum rating of The pressure-sensing device must be lo-
the vapor-moving device without col- cated in the fluid displacement sys-
lapsing or constricting; tem’s piping downstream of any de-
(4) Be electrically continuous, with a vices that could potentially isolate the
maximum resistance of 10,000 ohms; barge’s vapor collection system from
(5) Have flanges with a bolthole ar- the pressure-sensing device. The pres-
rangement complying with the require- sure measured by the sensing device
ments for Class 150 ANSI B16.5 flanges must be corrected for pressure drops
(incorporated by reference, see 33 CFR across any barge piping, hoses, or arms
154.106); that are used to inject the fluid.
(6) Be abrasion and kinking resistant; (d) A fluid displacement system must
and provide a pressure-sensing device that

(7) Be compatible with vapors being is independent of the device required
transferred. by paragraph (c) of this section. This
369
§ 154.2203 33 CFR Ch. I (7–1–20 Edition)
pressure-sensing device must activate valve is in the full open position (i.e.,
the fluid displacement system emer- the vacuum relief valve is not iso-
gency shutdown and close the remotely lated); and
operated cargo vapor shutoff valve re- (2) The isolation valve can only be
quired by 33 CFR 154.2101(a). It must closed after the facility person in
also close the remotely operated shut- charge has acknowledged that the
off valve required by 33 CFR 154.2202(c) hatch opening required by 33 CFR
when the pressure at the fluid injection 154.2250(i) is open and secured.
connection reaches a corresponding 90 (g) If a vapor-moving device capable
percent of the lowest setting of any of drawing more than 0.5 psig vacuum
pressure relief valve on the barge. The is used to draw vapor, air, inert gas, or
pressure-sensing device must be lo- other medium from the barge, the fa-
cated in the fluid displacement sys- cility must install portable, intrinsi-
tem’s piping downstream of any device cally safe, pressure-sensing devices on
that could potentially isolate the any cargo tank, or on the common
barge’s VCS from the pressure-sensing vapor header, at the connection re-
device. The pressure measured by the quired by 46 CFR 39.6003(b) before any
sensing device must be corrected for cleaning operation begins on the tank.
pressure drops across any barge piping, A pressure-sensing device must be pro-
hoses, or arms that are used to inject vided that—
the fluid. (1) Activates an alarm that satisfies
(e) If a vapor-moving device capable 33 CFR 154.2100(e) when the pressure in
of drawing more than 0.5 pounds per the cargo tank being cleaned falls
square inch gauge (psig) vacuum is below 80 percent of the highest setting
used to draw vapor, air, inert gas, or of any of the barge’s vacuum relief
other medium from the barge, a vacu- valves, or a higher pressure agreed
um relief valve must be installed on upon by the facility and barge persons
the facility’s fixed vapor collection in charge; and
system piping between the facility (2) Activates the emergency shut-
vapor connection and the vapor-moving down system for the vapor-moving de-
device. The vacuum relief valve must— vice and closes the remotely operated
(1) Relieve at a pressure such that cargo vapor shutoff valve described in
the pressure at the facility vapor con- 33 CFR 154.2101(a) when the pressure in
nection is maintained at or above 14.2 the cargo tank being cleaned falls
pounds per square inch absolute (psia) below 90 percent of the highest setting
(¥0.5 psig); of any of the barge’s vacuum relief
(2) Have a relieving capacity equal to valves, or a higher pressure agreed
or greater than the maximum capacity upon by the facility and barge persons
of the vapor-moving device; in charge. This pressure-sensing device
(3) Have a flame arrester or flame must be independent of the device used
screen fitted at the vacuum relief open- to activate an alarm required by para-
ing; graph (g)(1) of this section.
(4) Have been tested for relieving ca- (h) The pressure-sensing devices re-
pacity in accordance with paragraph quired by paragraph (g) of this section
1.5.1.3 of API 2000 (incorporated by ref- must—
erence, see 33 CFR 154.106), with a (1) Have suitable means, such as ap-
flame arrester or flame screen fitted; proved intrinsic safety barriers that
and are able to accept passive devices, so
(5) Be constructed of materials com- that the under-pressure alarm circuits
patible with the vapors being gas-freed. of the barge side of the under-pressure
(f) The vacuum relief valve require- control system, including cabling, nor-
ments of paragraph (e) of this section mally closed switches, and pin and
may include a valve to isolate it from sleeve connectors, are intrinsically
the facility vapor collection piping, safe;
provided— (2) Be connected to the under-pres-
(1) The isolation valve must be sure alarm system by a four-wire, 16-
interlocked with any vapor-moving de- ampere shielded flexible cable; and
vice such that the vapor-moving device (3) Have cable shielding grounded to
cannot activate unless the isolation the under-pressure alarm system.
370
(i) A pressure-indicating device must (4) Have a flame screen or flame ar-
be provided within 6 meters (19.7 feet) rester fitted at the relief opening;
of the facility vapor connection which (5) Have been tested for relieving ca-
displays the pressure in the vapor col- pacity in accordance with paragraph
lection line upstream of any isolation 1.5.1.3 of API 2000, when fitted with a
valve and any devices, such as strain- flame screen or flame arrester; and
ers, that could cause a blockage in the (6) Be constructed of materials com-
vapor line. patible with the vapors being gas-freed.
(j) A fluid displacement system must (m) For fluid displacement systems,
include a pressure-indicating device the fluid injection connection must be
that displays the pressure in the fluid electrically insulated from the fluid in-
displacement system injection line. jection source in accordance with
This device must be within 6 meters OCIMF ISGOTT section 17.5 (incor-
(19.7 feet) of the fluid injection connec- porated by reference, see 33 CFR
tion. 154.106).
(k) If a fluid displacement system (n) If the pressure relief valve is not
used to inject inert gas or another me- designed with a minimum vapor dis-
dium into the cargo tank of a barge charge velocity of 30 meters (98.4 feet)
being gas-freed is capable of producing per second, the relieving capacity test
a pressure greater than 2 psig, a pres- required by paragraphs (k)(4) and (l)(5)
sure relief valve must be installed in of this section must be carried out with
the fluid displacement system injec- a flame screen or flame arrester fitted
tion line between the fluid injection at the discharge opening.
source and the fluid injection connec- (o) A pressure indicating device must
tion that— be provided by the facility for installa-
(1) Relieves at a predetermined pres- tion at the connection required by 46
sure such that the pressure in the fluid CFR 39.6003(b).
displacement system at the fluid injec-
tion connection does not exceed 1.5 § 154.2204 Fire, explosion, and detona-
psig; tion protection.
(2) Has a relieving capacity equal to This section applies to tank barge
or greater than the maximum volu- cleaning facilities (TBCFs) collecting
metric flow capacity of the fluid dis- vapors of flammable, combustible, or
placement system; non-high flash point liquid cargoes.
(3) Has a flame screen or flame ar- (a) A vapor control system (VCS)
rester fitted at the relief opening; and with a single facility vapor connection
(4) Has been tested for relieving ca- that processes vapor with a vapor re-
pacity in accordance with paragraph covery unit must—
1.5.1.3 of API 2000, when fitted with a (1) Have a detonation arrester lo-
flame screen or flame arrester. cated as close as practicable to the fa-
(l) When using the fluid displacement cility vapor connection. The total pipe
system, if the pressure in the facility’s length between the detonation arrester
fixed vapor collection system can ex- and the facility vapor connection must
ceed 2 psig during a malfunction in an not exceed 18 meters (59.1 feet) and the
inerting, enriching, or diluting system, vapor piping between the detonation
a pressure relief valve must— arrester and the facility vapor connec-
(1) Be installed between the point tion must be protected from any poten-
where inerting, enriching, or diluting tial internal or external ignition
gas is added to the facility’s fixed source; or
vapor collection system piping and the (2) Have an inerting, enriching, or di-
facility vapor connection; luting system that meets the require-
(2) Relieve at a predetermined pres- ments of 33 CFR 154.2107.
sure such that the pressure at the facil- (b) A VCS with a single facility vapor
ity vapor connection does not exceed connection that processes vapor with a
1.5 psig; vapor destruction unit must—
(3) Have a relieving capacity equal to (1) Have a detonation arrester lo-
or greater than the maximum capacity cated as close as practicable to the fa-
of the facility’s inerting, enriching, or cility vapor connection. The total pipe
diluting gas source; length between the detonation arrester
371
§ 154.2250 33 CFR Ch. I (7–1–20 Edition)
and the facility vapor connection must Guard Marine Safety Center as meet-
not exceed 18 meters (59.1 feet) and the ing the requirements of 46 CFR 39.6000.
vapor piping between the detonation (c) The facility person in charge must
arrester and the facility vapor connec- ensure that safety system tests are
tion must be protected from any poten- conducted as follows:
tial internal or external ignition (1) Pressure sensors, alarms, and
source; and automatic shutdown systems required
(2) Have an inerting, enriching, or di- by 33 CFR 154.2203, except as exempted
luting system that meets the require- by paragraph (c)(2) or as specified by
ments of 33 CFR 154.2107. paragraph (c)(3) of this section, must
(c) A VCS with multiple facility be tested by applying altering test
vapor connections that processes vapor pressures at the sensors not more than
with a vapor recovery unit must have a 24 hours before each cleaning oper-
detonation arrester located as close as ation;
practicable to each facility vapor con- (2) The pressure sensors required by
nection. The total pipe length between 33 CFR 154.2203 may meet the test pro-
the detonation arrester and each facil- gram in accordance with 33 CFR
ity vapor connection must not exceed 154.2180 and 33 CFR 154.2181 instead of
18 meters (59.1 feet) and the vapor pip- the test within 24 hours before each
ing between the detonation arrester cleaning operation as required by para-
and the facility vapor connection must graph (c)(1) of this section;
be protected from any potential inter- (3) Visible and audible alarm indica-
nal or external ignition source. tors must be tested not more than 24
(d) A VCS with multiple facility hours before each cleaning operation;
vapor connections that processes vapor (4) The analyzers, except for flamma-
with a vapor destruction unit must— bility analyzers, required by 33 CFR
(1) Have a detonation arrester lo- 154.2105(j) and 154.2107, except as ex-
cated as close as practicable to each fa- empted by paragraph (c)(5) of this sec-
cility vapor connection. The total pipe tion, must be checked for calibration
length between the detonation arrester response by use of a zero gas and a span
and each facility vapor connection gas not more than 24 hours before each
must not exceed 18 meters (59.1 feet) cleaning operation;
and the vapor piping between the deto- (5) The analyzers required by 33 CFR
nation arrester and the facility vapor 154.2105(j) and 154.2107 may be checked
connection must be protected from any for calibration response by use of a
potential internal or external ignition zero gas and a span gas as defined by
source; and the test program contained in 33 CFR
(2) Have an inerting, enriching, or di- 154.2180 and 33 CFR 154.2181, and comply
luting system that meets the require- with the minimum requirements as de-
ments of 33 CFR 154.2107. fined in 33 CFR 154.2180 and 33 CFR
(e) 33 CFR 154.2105(j) applies to a 154.2181, instead of as provided by para-
TBCF’s VCS. graph (c)(4) of this section; and
(6) The vacuum and pressure relief
TANK BARGE CLEANING FACILITIES— valves required by 33 CFR 154.2203 must
OPERATIONS be manually checked per manufactur-
ers’ instructions to verify that the
§ 154.2250 General requirements. valves unseat easily and then reset to
(a) No tank barge cleaning operation the closed position without constraint.
using a vapor control system (VCS) Any required flame screens or flame
may be conducted unless the facility arresters must also be visually checked
operator has a copy of the facility op- to ensure that they are not damaged.
erations manual, with the VCS adden- (d) The facility person in charge
dum, marked by the local Coast Guard must verify the following before begin-
Captain of the Port (COTP) as required ning cleaning operations:
by 33 CFR 154.325(d). (1) Each valve in the vapor collection
(b) The facility person in charge system between the barge’s cargo tank
must ensure that a facility can receive and the facility vapor collection sys-
vapors only from a barge with a VCS tem is correctly positioned to allow the
that has been approved by the Coast collection of vapors;
372
(2) A vapor collection hose or arm is porated into the facility operations
connected to the barge’s vapor collec- manual.
tion system; (f) If one or more analyzers required
(3) The electrical insulating devices by 33 CFR 154.2107(d) or (e) become in-
required by 33 CFR 154.2101(g) and operable during gas-freeing operations,
154.2203(m) are installed; the operation may continue, provided
(4) The maximum allowable gas-free- that at least one analyzer remains
ing rate as determined by the lesser of operational; however, no further gas-
the following: freeing operations may be started until
(i) A gas-freeing rate corresponding all inoperable analyzers are repaired or
to the maximum vapor processing rate
replaced.
for the tank barge cleaning facility’s
(TBCF’s) VCS, as specified in the facil- (g) Whenever a condition results in a
ity operations manual; or shutdown of the VCS, the cleaning op-
(ii) The barge’s maximum gas-freeing erations must be immediately termi-
rate determined in accordance with 46 nated. The operation may not resume
CFR 39.6007(c); until the cause of the shutdown has
(5) The gas-freeing rate will not ex- been investigated and corrective action
ceed the maximum allowable gas-free- taken.
ing rate as determined in paragraph (h) If it is suspected that a flare in
(d)(4) of this section; the VCS has had a flashback, or if a
(6) The maximum allowable stripping flame is detected on a detonation ar-
rate is determined and does not exceed rester required by 33 CFR 154.2109(c)(2),
the volumetric capacity of the barge’s the cleaning operation must be stopped
vacuum relief valve at the valve’s set- and may not resume until the detona-
point for the cargo tank being stripped; tion arrester and any quick-closing
(7) The barge’s maximum and min- stop valves downstream of the detona-
imum operating pressures; tion arrester have been inspected and
(8) Each vapor collection hose has no found to be in satisfactory condition.
unrepaired or loose covers, kinks, (i) If a vacuum displacement system
bulges, soft spots, or any other defects
is used for gas-freeing, the facility per-
that would permit the discharge of
son in charge of the cleaning operation
vapor through the hose material; and
no external gouges, cuts, or slashes must verify the following items:
that penetrate the first layer of hose (1) The minimum amount of open
reinforcement; area for air flow on the barge has been
(9) The freezing point of each cargo. determined so that the pressure in the
If there is a possibility that the ambi- cargo tank cannot be less than 14.5
ent air temperature during cleaning pounds per square inch absolute (psia)
operations will be at or below the freez- (¥0.2 pounds per square inch gauge
ing point of the cargo, adequate pre- (psig)) at the maximum flow capacity
cautions have been taken to prevent of the vapor-moving device;
freezing of vapor or condensate, or to (2) Any hatch or fitting providing the
detect and remove the frozen liquid and minimum open area has been secured
condensate to prevent accumulation; open so that accidental closure is not
and possible; and
(10) The cargo vapor is evaluated for (3) The hatch and/or fitting must be
the potential to polymerize, and ade- opened before the pressure in the cargo
quate precautions have been taken to tank falls below 10 percent of the high-
prevent and detect polymerization of est setting of any of the barge’s vacu-
the cargo vapors. um relief valves.
(e) VCS equipment and instrumenta-
(j) 33 CFR 154.2150(p) and (q) apply to
tion must be tested in compliance with
33 CFR 156.170(g) or (i), with the COTP a TBCF’s VCS.
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 incor-
373
Pt. 154, App. A 33 CFR Ch. I (7–1–20 Edition)
APPENDIX A TO PART 154—GUIDELINES Section VIII, Division 1, Pressure Vessels

FOR DETONATION FLAME ARRESTERS Section IX, Welding and Brazing Qualifica-
tions.
This appendix contains the draft ASTM 3.3.2 International Maritime Organiza-
standard for detonation flame arresters. De- tion, Maritime Safety Committee 3
vices meeting this standard will be accepted MSC/Circ. 373/Rev. 1—Revised Standards for
by the Commandant (CG–ENG). the Design, Testing and Locating of De-
1. Scope vices to Prevent the Passage of Flame into
1.1 This standard provides the minimum Cargo Tanks in Tankers.
requirements for design, construction, per-
formance and testing of detonation flame ar- 3.3.3 International Electrotechnical Com-
resters. mission 4
2. Intent Publication 79–1—Electrical Apparatus for
2.1 This standard is intended for detona- Explosive Gas Atmospheres.
tion flame arresters protecting systems con- 4. Terminology
taining vapors of flammable or combustible 4.1 D P/Po—The dimensionless ratio, for
liquids where vapor temperatures do not ex- any deflagration and detonation test of 14.3,
ceed 60 °C. For all tests, the test media de- of the maximum pressure increase (the max-
fined in 14.1.1 can be used except where deto- imum pressure minus the initial pressure),
nation flame arresters protect systems han- as measured in the piping system on the side
dling vapors with a maximum experimental of the arrester where ignition begins by the
safe gap (MESG) below 0.9 millimeters. Deto- device described in paragraph 14.3.3, to the
nation flame arresters protecting such sys- initial absolute pressure in the piping sys-
tems must be tested with appropriate media tem. The initial pressure should be greater
(the same vapor or a media having a MESG than or equal to the maximum operating
no greater than the vapor). Various gases pressure specified in paragraph 11.1.7.
and their respective MESG are listed in at- 4.2 Deflagration—A combustion wave that
tachment 1. propagates subsonically (as measured at the
2.2 The tests in this standard are intended pressure and temperature of the flame front)
to qualify detonation flame arresters for all by the transfer of heat and active chemical
in-line applications independent of piping species to the unburned gas ahead of the
configuration provided the operating pres- flame front.
sure is equal to or less than the maximum 4.3 Detonation—A reaction in a combus-
operating pressure limit specified in the tion wave propagating at sonic or supersonic
manufacturer’s certification and the diame- (as measured at the pressure and tempera-
ter of the piping system in which the detona- ture of the flame front) velocity. A detona-
tion arrester is to be installed is equal to or tion is stable when it has a velocity equal to
less than the piping diameter used in the the speed of sound in the burnt gas or may be
testing. unstable (overdriven) with a higher velocity
NOTE: Detonation flame arresters meeting and pressure.
this standard as Type I devices, which are 4.4 Detonation flame arrester—A device
which prevents the transmission of a detona-
certified to be effective below 0 °C and which
tion and a deflagration.
can sustain three stable detonations without
4.5 Flame speed—The speed at which a
being damaged or permanently deformed,
flame propagates along a pipe or other sys-
also comply with the minimum requirements
tem.
of the International Maritime Organization,
4.6 Flame Passage—The transmission of a
Maritime Safety Committee Circular No. 373
flame through a device.
(MSC/Circ. 373/Rev.1). 4.7 Gasoline Vapors—A non-leaded petro-
3. Applicable Documents leum distillate consisting essentially of ali-
3.1 ASTM Standards 1 phatic hydrocarbon compounds with a boil-
A395 Ferritic Ductile Iron Pressure-Retain- ing range approximating 65 °C/75 °C.
ing Castings For Use At Elevated Tempera- 5. Classification
tures. 5.1 The two types of detonation flame ar-
F722 Welded Joints for Shipboard Piping Sys- resters covered in this specification are clas-
tems sified as follows:
F1155 Standard Practice for Selection and 5.1.1 Type I—Detonation flame arresters
Application of Piping System Materials acceptable for applications where stationary
3.2 ANSI Standards 2 flames may rest on the device.
B16.5 Pipe Flanges and Flanged Fittings. 5.1.2 Type II—Detonation flame arresters
acceptable for applications where stationary
3.3 Other Documents flames are unlikely to rest on the device, and
3.3.1 ASME Boiler and Pressure Vessel
further methods are provided to prevent
Code 2
flame passage when a stationary flame oc-

curs. One example of ‘‘further methods’’ is a
1 Footnotes appear at the end of this arti- temperature monitor and an automatic shut-
cle. off valve.
374
Coast Guard, DHS Pt. 154, App. A
6. Ordering Information the maximum and minimum pressures and
6.1 Orders for detonation flame arresters temperatures to which the device may be ex-
under this specification shall include the fol- posed under both normal and the specified
lowing information as applicable: fire test conditions in section 14, and shall be
6.1.1 Type (I or II). capable of withstanding the hydrostatic
6.1.2 Nominal pipe size. pressure test of section 9.2.3.
6 1.3 Each gas or vapor in the system and 8.4 Threaded or flanged pipe connections
the corresponding MESG. shall comply with the applicable B16 stand-
6.1.4 Inspection and tests other than spec- ards in ASTM F 1155 (incorporated by ref-
ified by this standard. erence, see § 154.106). Welded joints shall
6.1.5 Anticipated ambient air temperature comply with ASTM F 722 (incorporated by
range. reference, see § 154.106).
6.1.6 Purchaser’s inspection requirements
8.5 All flat joints of the housing shall be
(see section 10.1).
machined true and shall provide for a joint
6.1.7 Description of installation.
having adequate metal-to-metal contact.
6.1.8 Materials of construction (see sec-
tion 7). 8.6 Where welded construction is used for
6.1.9 Maximum flow rate and the max- pressure retaining components, welded joint
imum design pressure drop for that max- design details, welding and non-destructive
imum flow rate. testing shall be in accordance with Section
6.1.10 Maximum operating pressure. VIII, Division 1, of the ASME Code and
7. Materials ASTM F 722 (incorporated by reference, see
7.1 The detonation flame arrester hous- § 154.106). Welders and weld procedures shall
ing, and other parts or bolting used for pres- be qualified in accordance with section IX of
sure retention, shall be constructed of mate- the ASME Code.
rials listed in ASTM F 1155 (incorporated by 8.7 The design of detonation flame arrest-
reference, see § 154.106), or section VIII, Divi- ers shall allow for ease of inspection and re-
sion 1 of the ASME Boiler and Pressure Ves- moval of internal elements for replacement,
sel Code. Cast and malleable iron shall not cleaning or repair without removal of the en-
be used; however, ductile cast iron in accord- tire device from the system.
ance with ASTM A395 may be used. 8.8 Detonation flame arresters shall allow
7.1.1 Arresters, elements, gaskets, and for efficient drainage of condensate without
seals must be made of materials resistant to impairing their efficiency to prevent the pas-
attack by seawater and the liquids and va- sage of flame. The housing may be fitted
pors contained in the system being protected with one or more drain plugs for this pur-
(see section 6.1.3). pose. The design of a drain plug should be
7.2 Nonmetallic materials, other than such so that by cursory visual inspection it
gaskets and seals, shall not be used in the is obvious whether the drain has been left
construction of pressure retaining compo- open.
nents of the detonation flame arrester. 8.9 All fastenings shall be protected
7.2.1 Nonmetallic gaskets and seals shall against loosening.
be non-combustible and suitable for the serv- 8.10 Detonation flame arresters shall be
ice intended. designed and constructed to minimize the ef-
7.3 Bolting materials, other than that of fect of fouling under normal operating condi-
section 7.1, shall be at least equal to those tions.
listed in Table 1 of ANSI B16.5 (incorporated 8.11 Detonation flame arresters shall be
by reference, see 33 CFR 154.106). capable of operating over the full range of
7.4 The possibility of galvanic corrosion ambient air temperatures anticipated.
shall be considered in the selection of mate-
8.12 Detonation flame arresters shall be of
rials.
first class workmanship and free from imper-
7.5 All other parts shall be constructed of
fections which may affect their intended
materials suitable for the service intended.
purpose.
8. Other Requirements
8.1 Detonation flame arrester housings 8.13 Detonation flame arresters shall be
shall be gas tight to prevent the escape of tested in accordance with section 9.
vapors. 9. Tests
8.2 Detonation flame arrester elements 9.1 Tests shall be conducted by an inde-
shall fit in the housing in a manner that will pendent laboratory capable of performing
insure tightness of metal-to-metal contacts the tests. The manufacturer, in choosing a
in such a way that flame cannot pass be- laboratory, accepts that it is a qualified
tween the element and the housing. independent laboratory by determining that
8.2.1 The net free area through detonation it has (or has access to) the apparatus, facili-
flame arrester elements shall be at least 1.5 ties, personnel, and calibrated instruments
that are necessary to test detonation flame
times the cross-sectional area of the arrester

inlet. arresters in accordance with this standard.
8.3 Housings, elements, and seal gasket 9.1.1 A test report shall be prepared by the
materials shall be capable of withstanding laboratory which shall include:
375
9.1.1.1 Detailed drawings of the detona- From the endurance burn test of a Type II
tion flame arrester and its components (in- detonation flame arresters, the maximum
cluding a parts list identifying the materials temperature reached and the test duration
of construction). shall be recorded and provided as part of the
9.1.1.2 Types of tests conducted and re- laboratory test report.
sults obtained. This shall include the max- 9.2.6 Where a detonation flame arrester is
imum temperature reached and the length of provided with cowls, weather hoods and de-
testing time in section 14.2 in the case of flectors, etc., it shall be tested in each con-
Type II detonation flame arresters. figuration in which it is provided.
9.1.1.3 Description of approved attach- 9.2.7 Detonation flame arresters which are
ments (reference 9.2.6). provided with a heating arrangement de-
9.1.1.4 Types of gases or vapors for which signed to maintain the surface temperature
the detonation flame arrester is approved. of the device above 85 °C shall pass the re-
9.1.1.5 Drawings of the test rig. quired tests at the maximum heated oper-
9.1.1.6 Record of all markings found on
ating temperature.
the tested detonation flame arrester.
9.1.1.7 A report number. 9.2.8 Each finished detonation arrester
9.2 One of each model Type I and Type II shall be pneumatically tested at 10 psig to
detonation flame arrester shall be tested. ensure there are no defects or leakage.
Where approval of more than one size of a 10. Inspection
detonation flame arrester model is desired, 10.1 The manufacturer shall afford the
only the largest and smallest sizes need be purchaser’s inspector all reasonable access
tested provided it is demonstrated by cal- necessary to assure that the device is being
culation and/or other testing that inter- furnished in accordance with this standard.
mediate size devices have equal or greater All examinations and inspections shall be
strength to withstand the force of a detona- made at the place of manufacture, unless
tion and have equivalent detonation arrest- otherwise agreed upon.
ing characteristics. A change of design, ma- 10.2 Each finished detonation arrester
terial, or construction which may affect the shall be visually and dimensionally checked
corrosion resistance, or ability to resist en- to ensure that the device corresponds to this
durance burning, deflagrations or detona- standard, is certified in accordance with sec-
tions shall be considered a change of model tion 11 and is marked in accordance with sec-
for the purpose of this paragraph. tion 12. Special attention shall be given to
9.2.1 The detonation flame arrester shall the checking of welds and the proper fit-ups
have the same dimensions, configuration, of joints (see sections 8.5 and 8.6).
and most unfavorable clearances expected in 11. Certification
production units. 11.1 Manufacturer’s certification that a
9.2.2 A corrosion test shall be conducted. detonation flame arrester meets this stand-
In this test, a complete detonation flame ar- ard shall be provided in an instruction man-
rester, including a section of pipe similar to ual. The manual shall include as applicable:
that to which it will be fitted, shall be ex-
11.1.1 Installation instructions and a de-
posed to a 20% sodium chloride solution
scription of all configurations tested (ref-
spray at a temperature of 25 °C for a period
erence paragraph 9.2.6). Installation instruc-
of 240 hours, and allowed to dry for 48 hours.
tions to include the device’s limitations.
Following this exposure, all movable parts
11.1.2 Operating instructions.
shall operate properly and there shall be no
corrosion deposits which cannot be washed 11.1.3 Maintenance requirements.
off. 11.1.3.1 Instructions on how to determine
9.2.3 The detonation flame arrester shall when arrester cleaning is required and the
be subjected to a hydrostatic pressure test of method of cleaning.
at least 350 psig for ten minutes without rup- 11.1.4 Copy of test report (see section
turing, leaking, or showing permanent dis- 9.1.1).
tortion. 11.1.5 Flow test data, maximum tempera-
9.2.4 Flow characteristics as declared by ture and time tested (Type II).
the manufacturer, shall be demonstrated by 11.1.6 The ambient air temperature range
appropriate tests. over which the device will effectively pre-
9.2.5 Detonation flame arresters shall be vent the passage of flame.
tested for endurance burn and deflagration/ NOTE: Other factors such as condensation
detonation in accordance with the test pro- and freezing of vapors should be evaluated at
cedures in section 14. Type I detonation the time of equipment specification.
flame arresters shall show no flame passage
when subjected to both tests. Type II detona- 11.1.7 The maximum operating pressure
tion flame arresters shall show no evidence for which the device is suitable.
12. Marking
of flame passage during the detonation/defla-

gration tests in section 14.3. Type II detona- 12.1 Each detonation flame arrester shall
tion flame arresters shall be tested for en- be permanently marked indicating:
durance burn in accordance with section 14.2. 12.1.1 Manufacturer’s name or trademark.
376
12.1.2 Style, type, model or other manu- 14.2.1.3 Temperature measurement will be
facturer’s designation for the detonation performed on the surface of the arrester ele-
flame arrester. ment half way between the center and its
12.1.3 Size of the inlet and outlet. edge.
12.1.4 Type of device (Type I or II). 14.2.1.4 By varying the proportions of the
12.1.5 Direction of flow through the deto- flammable mixture and the flow rate, the
nation flame arrester. detonation flame arrester shall be heated by
12.1.6 Test laboratory and report number. a stable flame on the surface of the arrester
12.1.7 Lowest MESG of gases that the det- until the highest obtainable temperature is
onation flame arrester is suitable for. reached on the ignited side or until the tem-
12.1.8 ASTM designation of this standard. perature on the side which was not ignited
12.1.9 Ambient air operating temperature (protected side) rises 100 °C.
range. 14.2.1.5 The flammable mixture propor-
12.1.10 Maximum operating pressure. tions will then be varied again until the con-
13. Quality Assurance ditions which result in the highest tempera-
ture on the protected side are achieved. This
13.1 Detonation flame arresters shall be
temperature shall be maintained for a period
designed, manufactured and tested in a man-
of ten minutes, after which the flow shall be
ner that ensures they meet the characteris-
stopped and the conditions observed. The
tics of the unit tested in accordance with
highest attainable temperature is considered
this standard.
to have been reached when any subsequent
13.2 The detonation flame arrester manu-
rise of temperature does not exceed 0.5 °C per
facturer shall maintain the quality of the ar- minute over a ten minute period.
resters that are designed, tested and marked 14.2.1.6 If difficulty arises in establishing
in accordance with this standard. At no time the highest attainable temperature on the
shall a detonation flame arrester be sold protected side, the following criteria shall
with this standard designation that does not apply. When the increase in temperature on
meet the requirements herein. the protected side occurs so slowly that its
14. Test Procedures for Detonation Arresters temperature does not rise 100 °C, the condi-
14.1 Media/Air Mixtures tions which produced the highest tempera-
14.1.1 For vapors from flammable or com- ture on the ignited side of the arrester will
bustible liquids with a MESG greater than or be maintained for two hours. For the condi-
equal to 0.9 mm, technical grade hexane or tion in which the temperature on the pro-
gasoline vapors shall be used for all tests in tected side continues to rise at a rate in ex-
this section except technical grade propane cess of 0.5 °C per minute for a 10 minute pe-
may be used for the deflagration/detonation riod, endurance burning shall be continued,
tests in section 14.3. For vapors with a MESG using the most severe conditions of flam-
less than 0.9 mm, the specific vapor (or alter- mable mixtures and flow rate, for a period of
natively, a media with a MESG less than or two hours. In either of these cases, at the
equal to the MESG of the vapor) must be end of the two hour period, the flow shall be
used as the test medium in all Section 14 stopped and the conditions observed. The
tests. two hour interval shall be measured com-
14.1.2 Hexane, propane, gasoline and other mencing with the setting of the conditions
test vapors shall be mixed with air to form which produced the most severe conditions
the most easily ignitable mixture. 5 of mixture and flow rate. For Type I detona-
14.2 Endurance Burn Test Procedure tion flame arresters, flame passage shall not
14.2.1 An endurance burning test shall be occur during this test. For Type II detona-
carried out as follows: tion flame arresters, the maximum tempera-
14.2.1.1 The test rig shall consist of an ap- ture obtained, and the time elapsed from the
paratus producing an explosive mixture, a time when the most severe conditions are set
small tank with a diaphragm, a prototype of to when flame passage occurs, shall be re-
the detonation flame arrester and a firing corded. However, for Type II detonation
source in close proximity to the test device flame arresters the test may be terminated
(see Figure 1). The detonation flame arrester 15 minutes after setting the most severe con-
shall be installed so that the mixture emis- ditions on the protected side.
sion is vertically upwards, or installed in the 14.3 Deflagration/Detonation Test Procedure
position for which it is designed and which 14.3.1 A detonation flame arrester shall be
will cause the most severe heating of the de- installed at one end of a pipe of the same di-
vice under the prescribed endurance burn ameter as the inlet of the detonation flame
conditions. In this position the mixture shall arrester (see Figure 2). The length and con-
be ignited. figuration of the test pipe shall develop a
14.2.1.2 Endurance burn test shall start by stable detonation 6 at the device and shall be
using the most easily ignitable test vapor/air capable, by change in its length or configura-
mixture with the aid of a pilot flame or a tion, of developing deflagrations and unsta-
spark igniter at the outlet. The flammable ble (overdriven) detonations as measured on
mixture may be reignited as necessary in the the side of the pipe where ignition occurs
course of the endurance burn. (run-up side). For deflagration testing, two
377
test piping arrangements shall be used on tion flame arrester. (These tests may also be
the outlet side of the detonation flame ar- carried out using a single length of pipe with
rester (the side which is not ignited). In both igniters spaced at varying distances from the
of the following end arrangements, the out- arrester.) The flame speeds, explosion pres-
let side pipe diameter shall be equal to that sures and test pipe configurations shall be
on the run-up side. In one arrangement, the recorded for each of these tests. The piping
outlet side pipe shall be at least 10 pipe di- configuration that resulted in the highest re-
ameters long with a plastic bag over the free corded unstable (overdriven) detonation
end. (Alternate end of pipe closures are also flame speed shall be used, and the device
acceptable provided they easily give way shall be subjected to at least four additional
during the course of the test, and the closure unstable (overdriven) detonations. In the
allows the required gas concentration to be course of testing, the device shall also dem-
maintained throughout the test piping ar- onstrate its ability to withstand five stable
rangement.) In the other arrangement the detonations, five deflagrations (as deter-
outlet side pipe shall be fitted with a restric- mined by flame speed) where D P/Po was less
tion located 0.6 meters from the outlet side than 1 and five deflagrations (as determined
arrester flange. The size of the restriction by flame speed) where D P/Po was greater
for each nominal size detonation flame ar- than 1 but less than 10. Initiation of
rester shall be as follows: deflagrations shall be at several locations to
generate a range for D P/Po. Deflagration
Nominal pipe diameter Restriction diameter (inches)
tests using the restricted outlet arrange-
(inches) ment described in paragraph 14.3.1 shall then
be conducted. In these tests the device shall
3 ⁄
12
4 ⁄
12 demonstrate its ability to stop five
6 1 deflagrations (as determined by flame speed)
8 1 ⁄2
1 generated by the same configurations which
10 11⁄2 resulted in D P/Po being less than 1 during
12 2 the deflagration tests which were conducted
18 2 without the restricted end arrangements,
24 2 and five deflagrations (as determined by
flame speed) generated by the same configu-
The entire pipe shall be filled with the most rations which resulted in D P/Po being great-
easily ignitable vapor/air mixture to a test er than 1 but less than 10 during the defla-
pressure corresponding to or greater than gration tests which were conducted without
the upper limit of the device’s maximum op- the restricted end arrangements. No evi-
erating pressure (see 11.1.7). In order to ob- dence of flame passage shall occur during
tain this test pressure, a device such as a these tests. The flame speeds and explosion
bursting disc may be fitted on the open end pressures for each of these tests shall be re-
of the device in place of the plastic bag. The corded.
concentration of the mixture should be 14.3.5 A device that successfully passes
verified by appropriate testing of the gas the tests of 14.3.4 shall be considered to be di-
composition. The vapor/air mixture shall rectional (suitable for arresting a detonation
then be ignited. advancing only from the direction as tested)
14.3.2 Flame speeds shall be measured by except;
optical devices capable of providing accuracy 14.3.5.1 A device may be tested according
of ±5%. These devices shall be situated no to 14.3.4 for detonations approaching from ei-
more than a distance equal to 3% of the ther direction, or
length of the run-up pipe apart with one de- 14.3.5.2 The design of the device is sym-
vice no more than 8 inches from the end of metrical where each end may be considered
the test pipe to which the detonation flame to be identical when approached by a detona-
arrester is attached. In addition, each outlet tion from either direction.
arrangement described in paragraph 14.3.1 1 Available from the American Society for
shall be fitted with an optical device located Testing and Materials (ASTM), 100 Barr Har-
no more than 8 inches from the detonation bor Dr., West Conshohocken, PA 19428–2959.
flame arrester outlet. 7 2 Available from the American Society of
14.3.3 Explosion pressures within the pipe Mechanical Engineers International, Three
shall be measured by a high frequency trans- Park Avenue, New York, NY 10016–5990.
ducer situated in the test pipe no more than 3 Available from the International Mari-
8 inches from the run-up side of the housing time Organization, 4 Albert Embankment,
of the detonation flame arrester. London SE1 7SR, England.
14.3.4 Using the first end arrangement (10 4 Available from the International Electro-
pipe diameter outlet) described in paragraph technical Commission, 1 rue de Varembe, Ge-
14.3.1, a series of tests shall be conducted to neva, Switzerland.
determine the test pipe length and configu-
5 See IEC Publication 79–1.
ration that results in the maximum unstable 6 Some data are available for the esti-
(overdriven) detonation having the max- mation of flame speeds in horizontal pipes
imum measured flame speed at the detona- without detonation flame arresters. Some
378
data indicate that the presence of small ob- 7 Other pressure and/or flame speed meas-
stacles, fittings or bends in the test pipe can uring techniques may be used if effective.
accelerate the flame speeds appreciably.
379
EC18OC91.012</GPH>
380
EC18OC91.013</GPH>
Coast Guard, DHS Pt. 154, App. C
ATTACHMENT 1 using the guidelines in section 2 and Table 1

of this appendix.
Experimental max-
imum safe gap 2. Equipment Operability and Readiness
Inflammable gas or vapour
mm in. 2.1 All equipment identified in a response
plan must be designed to operate in the con-
Methane ........................................... 1.170 0.046
ditions expected in the facility’s geographic
Blast furnace gas ............................ 1.193 0.047
Propane ........................................... 0.965 0.038 area. These conditions vary widely based on
Butane ............................................. 1.066 0.042 location and season. Therefore, it is difficult
Pentane ........................................... 1.016 0.040 to identify a single stockpile of response
Hexane ............................................ 0.965 0.038 equipment that will function effectively in
Heptane ........................................... 0.965 0.038 each geographic location.
Iso-octane ........................................ 1.040 0.041 2.2 Facilities handling, storing, or trans-
Decane ............................................ 1.016 0.040 porting oil in more than one operating envi-
Benzene .......................................... 0.99 0.039
Xylene .............................................. 1.066 0.042
ronment as indicated in Table 1 of this ap-
Cyclohexane .................................... 0.94 0.037 pendix must identify equipment capable of
Acetone ........................................... 1.016 0.040 successfully functioning in each operating
Ethylene ........................................... 0.71 0.028 environment.
Methyl-ethyl-ketone ......................... 1.016 0.040 2.3 When identifying equipment for re-
Carbon monoxide ............................ 0.915 0.036 sponse plan credit, a facility owner or oper-
Methyl-acetate ................................. 0.990 0.039 ator must consider the inherent limitations
Ethyl-acetate .................................... 1.04 0.041
in the operability of equipment components
Propyl-acetate ................................. 1.04 0.041
Butyl-acetate .................................... 1.016 0.040
and response systems. The criteria in Table
Amyl-acetate .................................... 0.99 0.039 1 of this appendix should be used for evalu-
Methyl alcohol ................................. 0.915 0.036 ating the operability in a given environment.
Ethyl alcohol .................................... 1.016 0.040 These criteria reflect the general conditions
Iso-butyl-alcohol .............................. 0.965 0.038 in certain operating areas.
Butyl-alcohol (Normal) ..................... 0.94 0.037 2.3.1 The Coast Guard may require docu-
Amyl-alcohol .................................... 0.99 0.039 mentation that the boom identified in a re-
Ethyl-ether ....................................... 0.864 0.034
sponse plan meets the criteria in Table 1. Ab-
Coal gas (H2 57%) .......................... 0.482 0.019
Acetylene ......................................... ≤0.025 ≤0.001 sent acceptable documentation, the Coast
Carbon disulphide ........................... 0.203 0.008 Guard may require that the boom be tested
Hydrogen ......................................... 0.102 0.004 to demonstrate that it meets the criteria in
Blue water gas (H2 53% CO 47%) 0.203 0.008 Table 1. Testing must be in accordance with
Ethyl nitrate ..................................... ≤0.025 ≤0.001 ASTM F 715 (incorporated by reference, see
Ammonia ......................................... 1 3.33 1 0.133
§ 154.106), or other tests approved by the
Ethylene oxide ................................. 0.65 0.026 Coast Guard.
Ethyl nitrite ....................................... 0.922 0.038
2.4 Table 1 of this appendix lists criteria
1 Approximately. for oil recovery devices and boom. All other
equipment necessary to sustain or support
[CGD 88–102, 55 FR 25435, June 21, 1990; 55 FR response operations in the specified oper-
39270, Sept. 26, 1990, as amended by CGD 96– ating environment must be designed to func-
026, 61 FR 33666, June 28, 1996; USCG–1999– tion in the same conditions. For example,
5832, 64 FR 34715, June 29, 1999; USCG–2000– boats which deploy or support skimmers or
7223, 65 FR 40058, June 29, 2000; USCG–2010– boom must be capable of being safely oper-
0351, 75 FR 36284, June 25, 2010; USCG–1999– ated in the significant wave heights listed
5150, 78 FR 42641, July 16, 2013; USCG–2014– for the applicable operating environment.
0410, 79 FR 38436, July 7, 2014] 2.5 A facility owner or operator must
refer to the applicable local contingency
APPENDIX B TO PART 154 [RESERVED] plan or ACP, as appropriate, to determine if
ice, debris, and weather-related visibility are
APPENDIX C TO PART 154—GUIDELINES significant factors in evaluating the oper-
FOR DETERMINING AND EVALUATING ability of equipment. The local contingency
plan or ACP will also identify the average
REQUIRED RESPONSE RESOURCES FOR
temperature ranges expected in the facility’s
FACILITY RESPONSE PLANS operating area. All equipment identified in a
1. Purpose response plan must be designed to operate
within those conditions or ranges.
1.1 The purpose of this appendix is to de- 2.6 The requirements of subparts F, G, H
scribe the procedures for identifying re- and I of this part establish response resource
sponse resources to meet the requirements of mobilization and response times. The dis-
subpart F of this part. These guidelines will tance of the facility from the storage loca-
be used by the facility owner or operator in tion of the response resources must be used
preparing the response plan and by the Cap-
to determine whether the resources can ar-

tain of the Port (COTP) when reviewing rive on scene within the stated time. A facil-
them. Response resources identified in sub- ity owner or operator shall include the time
parts H and I of this part should be selected for notification, mobilization, and travel
381
Pt. 154, App. C 33 CFR Ch. I (7–1–20 Edition)
time of response resources identified to meet able, by contract or other approved means as
the maximum most probable discharge and described in § 154.1028(a), to respond to dis-
Tier 1 worst case discharge response time re- charges up to the maximum most probable
quirements. For subparts F and G, tier 2 and discharge volume for that facility. This will
3 response resources must be notified and require response resources capable of con-
mobilized as necessary to meet the require- taining and collecting up to 1,200 barrels of
ments for arrival on scene in accordance oil or 10 percent of the worst case discharge,
with § 154.1045 or § 154.1047 of subpart F, or whichever is less. All equipment identified
§ 154.1135 of subpart G, as appropriate. An on must be designed to operate in the applicable
water speed of 5 knots and a land speed of 35 operating environment specified in Table 1 of
miles per hour is assumed unless the facility this appendix.
owner or operator can demonstrate other- 4.2 Oil recovery devices identified to meet
wise. the applicable maximum most probable dis-
2.7 For subparts F and G, in identifying charge volume planning criteria must be lo-
equipment, the facility owner or operator cated such that they arrive on scene within
shall list the storage location, quantity, and 6 hours in higher volume port areas (as de-
manufacturer’s make and model. For oil refined in § 154.1020) and the Great Lakes and
covery devices, the effective daily recovery within 12 hours in all other areas.
capacity, as determined using section 6 of 4.3 Because rapid control, containment,
this appendix must be included. For boom, and removal of oil is critical to reduce spill
the overall boom height (draft plus impact, the effective daily recovery capacity
freeboard) should be included. A facility for oil recovery devices must equal 50 per-
owner or operator is responsible for ensuring cent of the planning volume applicable for
that identified boom has compatible connec- the facility as determined in section 4.1 of
tors. this appendix. The effective daily recovery
2.8 For subparts H and I, in identifying capacity for oil recovery devices identified in
equipment, the facility owner or operator the plan must be determined using the cri-
shall list the storage location, quantity, and teria in section 6 of this appendix.
manufacturer’s make and model. For boom, 4.4 In addition to oil recovery capacity,
the overall boom height (draft plus the plan must identify sufficient quantities
freeboard) should be included. A facility of containment boom available, by contract
owner or operator is responsible for ensuring or other approved means as described in
that identified boom has compatible connec- § 154.1028(a), to arrive within the required re-
tors. sponse times for oil collection and contain-
ment and for protection of fish and wildlife
3. Determining Response Resources Required for and sensitive environments. While the regu-
the Average Most Probable Discharge lation does not set required quantities of
boom for oil collection and containment, the
3.1 A facility owner or operator shall response plan must identify and ensure, by
identify sufficient response resources avail- contract or other approved means as de-
able, through contract or other approved scribed in § 154.1028(a), the availability of the
means as described in § 154.1028(a), to respond boom identified in the plan for this purpose.
to the average most probable discharge. The 4.5 The plan must indicate the avail-
equipment must be designed to function in ability of temporary storage capacity to
the operating environment at the point of meet the guidelines of section 9.2 of this ap-
expected use. pendix. If available storage capacity is insuf-
3.2 The response resources must include: ficient to meet this level, then the effective
3.2.1 1,000 feet of containment boom or daily recovery capacity must be derated to
two times the length of the largest vessel the limits of the available storage capacity.
that regularly conducts oil transfers to or 4.6 The following is an example of a max-
from the facility, whichever is greater, and a imum most probable discharge volume plan-
means deploying it available at the spill site ning calculation for equipment identifica-
within 1 hour of the discovery of a spill. tion in a higher volume port area: The facili-
3.2.2 Oil recovery devices with an effec- ty’s worst case discharge volume is 20,000
tive daily recovery capacity equal to the barrels. Ten percent of this is 2,000 barrels.
amount of oil discharged in an average most Since this is greater than 1,200 barrels, 1,200
probable discharge or greater available at barrels is used as the planning volume. The
the facility within 2 hours of the detection of effective daily recovery capacity must be 50
an oil discharge. percent of this, or 600 barrels per day. The
3.2.3 Oil storage capacity for recovered ability of oil recovery devices to meet this
oily material indicated in section 9.2 of this capacity will be calculated using the proce-
appendix. dures in section 6 of this appendix. Tem-
porary storage capacity available on scene
4. Determining Response Resources Required for
must equal twice the daily recovery rate as

the Maximum Most Probable Discharge
indicated in section 9 of this appendix, or
4.1 A facility owner or operator shall 1,200 barrels per day. This is the information
identify sufficient response resources avail- the facility owner or operator will use to
382
identify and ensure the availability of, age capacity to meet the requirements of
through contract or other approved means as section 9.2 of this appendix. If available stor-
described in § 154.1028(a), the required re- age capacity is insufficient to meet this re-
sponse resources. The facility owner will also quirement, then the effective daily recovery
need to identify how much boom is available capacity must be derated to the limits of the
for use. availabile storage capacity.
5. Determining Response Resources Required for 5.5 When selecting response resources nec-
the Worst Case Discharge to the Maximum Ex- essary to meet the response plan require-
tent Practicable ments, the facility owner or operator must
ensure that a portion of those resources are
5.1 A facility owner or operator shall capable of being used in close-to-shore re-
identify and ensure availability of, by con- sponse activities in shallow water. The fol-
tract or other approved means, as described lowing percentages of the on-water response
in § 154.1028(a), sufficient response resources equipment identified for the applicable geo-
to respond to the worst case discharge of oil graphic area must be capable of operating in
to the maximum extent practicable. Section
waters of 6 feet or less depth:
7 of this appendix describes the method to
determine the required response resources. (i) Offshore—10 percent
5.2 Oil spill response resources identified (ii) Nearshore/inland/Great Lakes/rivers
in the response plan and available through and canals—20 percent.
contract or other approved means, as de- 5.6 In addition to oil spill recovery de-
scribed in § 154.1028(a), to meet the applicable vices, a facility owner or operator shall iden-
worst case discharge planning volume must tify sufficient quantities of boom that are
be located such that they can arrive at the available, by contract or other approved
scene of a discharge within the times speci- means as described in § 154.1028(a), to arrive
fied for the applicable response tiers listed in on scene within the required response times
§ 154.1045. for oil containment and collection. The spe-
5.3 The effective daily recovery capacity cific quantity of boom required for collection
for oil recovery devices identified in a re- and containment will depend on the specific
sponse plan must be determined using the recovery equipment and strategies em-
criteria in section 6 of this appendix. A facil- ployed. A facility owner or operator shall
ity owner or operator shall identify the stor- also identify sufficient quantities of oil con-
age locations of all response resources that tainment boom to protect fish and wildlife
must be used to fulfill the requirements for and sensitive environments for the number
each tier. The owner or operator of a facility of days and geographic areas specified in
whose required daily recovery capacity ex- Table 2. Sections 154.1035(b)(4)(iii) and
ceeds the applicable response capability caps
154.1040(a), as appropriate, shall be used to
in Table 5 of this appendix shall identify
determine the amount of containment boom
sources of additional equipment, their loca-
required, through contract or other approved
tions, and the arrangements made to obtain
this equipment during a response. The owner means as described in § 154.1028(a), to protect
or operator of a facility whose calculated fish and wildlife and sensitive environments.
planning volume exceeds the applicable con- 5.7 A facility owner or operator must also
tracting caps in Table 5 shall identify identify, through contract or other approved
sources of additional equipment equal to means as described in § 154.1028(a), the avail-
twice the cap listed in Tiers 1, 2, and 3 or the ability of an oil spill removal organization
amount necessary to reach the calculated capable of responding to a shoreline cleanup
planning volume, whichever is lower. The re- operation involving the calculated volume of
sources identified above the cap must be ca- oil and emulsified oil that might impact the
pable of arriving on scene not later than the affected shoreline. The volume of oil that
Tiers 1, 2, and 3 response times in § 154.1045. must be planned for is calculated through
No contract is required. While general list- the application of factors contained in Ta-
ings of available response equipment may be bles 2 and 3. The volume calculated from
used to identify additional sources, a re- these tables is intended to assist the facility
sponse plan must identify the specific owner or operator in identifying a contractor
sources, locations, and quantities of equip- with sufficient resources and expertise. This
ment that a facility owner or operator has planning volume is not used explicitly to de-
considered in his or her planning. When list- termine a required amount of equipment and
ing Coast Guard classified oil spill removal personnel.
organization(s) which have sufficient re-
moval capacity to recover the volume above 6. Determining Effective Daily Recovery
the response capability cap for the specific Capacity for Oil Recovery Devices
facility, as specified in Table 5 of this appen-
6.1 Oil recovery devices identified by a fa-
dix, it is not necessary to list specific quan-

tities of equipment. cility owner or operator must be identified
5.4 A facility owner or operator shall by manufacturer, model, and effective daily
identify the availability of temporary stor- recovery capacity. These rates must be used
383
to determine whether there is sufficient ca- Ten hours per day must be used unless a
pacity to meet the applicable planning cri- facility owner or operator can dem-
teria for the average most probable dis- onstrate that the recovery operation can
charge, maximum most probable discharge, be sustained for longer periods.
and worst case discharge to the maximum 6.3.2 A facility owner or operator pro-
extent practicable. posing a different effective daily recovery
6.2 For the purpose of determining the ef- rate for use in a response plan shall provide
fective daily recovery capacity of oil recov- data for the oil recovery devices listed. The
ery devices, the formula listed in section
following is an example of these calcula-
6.2.1 of this appendix will be used. This meth-
tions:
od considers potential limitations due to
A weir skimmer identified in a response
available daylight, weather, sea state, and
percentage of emulsified oil in the recovered plan has a manufacturer’s rated throughput
material. The Coast Guard may assign a at the pump of 267 gallons per minute (gpm).
lower efficiency factor to equipment listed in 267 gpm = 381 barrels per hour
a response plan if it determines that such a R = 381 × 24 × .2 = 1829 barrels per day
reduction is warranted. After testing using ASTM procedures, the
6.2.1 The following formula must be used skimmer’s oil recovery rate is determined to
to calculate the effective daily recovery ca- be 220 gpm. The facility owner of operator
pacity: identifies sufficient response resources avail-
R = T × 24 hours × E able to support operations 12 hours per day.
R = Effective daily recovery capacity 220 gpm = 314 barrels per hour
T = Throughout rate in barrels per hour R = 314 × 12 = 3768 barrels per day
(nameplate capacity)
E = 20 percent Efficiency factor (or lower fac- The facility owner or operator will be able
tor as determined by Coast Guard) to use the higher rate if sufficient temporary
6.2.2 For those devices in which the pump oil storage capacity is available. Determina-
limits the throughput of liquid, throughput tions of alternative efficiency factors under
rate will be calculated using the pump ca- paragraph 6.2 or alternative effective daily
pacity. recovery capacities under paragraph 6.3 of
6.2.3 For belt or mop type devices, the this appendix will be made by Commandant
throughput rate will be calculated using the (CG–CPE), Attn: Office of Crisis and Contin-
speed of the belt or mop through the device, gency Preparedness and Exercise Policy,
assumed thickness of oil adhering to or col- U.S. Coast Guard Stop 7516, 2703 Martin Lu-
lected by the device, and surface area of the ther King Jr. Avenue SE., Washington, DC
belt or mop. For purposes of this calculation, 20593–7516. Response contractors or equip-
the assumed thickness of oil will be 1⁄4 inch. ment manufacturers may submit required in-
6.2.4 Facility owners or operators includ- formation on behalf of multiple facility own-
ing oil recovery devices whose throughput is ers or operators directly in lieu of including
not measurable using a pump capacity or the request with the response plan submis-
belt/mop speed may provide information to sion.
support an alternative method of calcula-
tion. This information must be submitted 7. Calculating the Worst Case Discharge
following the procedures in paragraph 6.3.2 of Planning Volumes
this appendix. 7.1 The facility owner or operator shall
6.3 As an alternative to 6.2, a facility plan for a response to a facility’s worst case
owner or operator may submit adequate evi- discharge. The planning for on-water recov-
dence that a different effective daily recovery must take into account a loss of some oil
ery capacity should be applied for a specific to the environment due to evaporative and
oil recovery device. Adequate evidence is ac- natural dissipation, potential increases in
tual verified performance data in spill condi- volume due to emulsification, and the poten-
tions or tests using ASTM F 631 (incor- tial for deposit of some oil on the shoreline.
porated by reference, see § 154.106), or an 7.2 The following procedures must be used
equivalent test approved by the Coast Guard. to calculate the planning volume used by a
6.3.1 The following formula must be used facility owner or operator for determining
to calculate the effective daily recovery ca- required on water recovery capacity:
pacity under this alternative: 7.2.1 The following must be determined:
R = D ×U The worst case discharge volume of oil in the
R = Effective daily recovery capacity facility; the appropriate group(s) for the type
D = Average Oil Recovery Rate in barrels per of oil handled, stored, or transported at the
hour (Item 26 in ASTM F 808; Item 13.2.16 facility (non-persistent (Group I) or per-
in ASTM F 631; or actual performance sistent (Groups II, III, or IV)); and the facili-
data) ty’s specific operating area. Facilities which

U = Hours per day that a facility owner or handle, store, or transport oil from different
operator can document capability to op- petroleum oil groups must calculate each
erate equipment under spill conditions. group separately. This information is to be
384
used with Table 2 of this appendix to deter- 7.3 The following procedures must be used
mine the percentages of the total volume to to calculate the planning volume for identi-
be used for removal capacity planning. This fying shoreline cleanup capacity:
table divides the volume into three cat- 7.3.1 The following must be determined:
egories: Oil lost to the environment; oil de- The worst case discharge volume of oil for
posited on the shoreline; and oil available for the facility; the appropriate group(s) for the
on-water recovery. type of oil handled, stored, or transported at
7.2.2 The on-water oil recovery volume the facility (non-persistent (Group I) or per-
must be adjusted using the appropriate sistent (Groups II, III, or IV)); and the oper-
emulsification factor found in Table 3 of this ating area(s) in which the facility operates.
For a facility storing oil from different
appendix. Facilities which handle, store, or
groups, each group must be calculated sepa-
transport oil from different petroleum
rately. Using this information, Table 2 of
groups must assume that the oil group re-
this appendix must be used to determine the
sulting in the largest on-water recovery vol- percentages of the total planning volume to
ume will be stored in the tank or tanks iden- be used for shoreline cleanup resource plan-
tified as constituting the worst case dis- ning.
charge. 7.3.2 The shoreline cleanup planning vol-
7.2.3 The adjusted volume is multiplied by ume must be adjusted to reflect an emulsi-
the on-water oil recovery resource mobiliza- fication factor using the same procedure as
tion favor found in Table 4 of this appendix described in section 7.2.2.
from the appropriate operating area and re- 7.3.3 The resulting volume will be used to
sponse tier to determine the total on-water identify an oil spill removal organization
oil recovery capacity in barrels per day that with the appropriate shoreline cleanup capa-
must be identified or contracted for to arrive bility.
on-scene with the applicable time for each 7.3.4 The following is an example of the
response tier. Three tiers are specified. For procedure described above: A facility re-
higher volume port areas, the contracted ceives oil from barges via a dock located on
tiers of resources must be located such that a bay and transported by piping to storage
they can arrive on scene within 6, 30, and 54 tanks. The facility handles Number 6 oil
hours of the discovery of an oil discharge. (specific gravity .96) and stores the oil in
For all other river, inland, nearshore, off- tanks where it is held prior to being burned
shore areas, and the Great Lakes, these tiers in an electric generating plant. The MTR
are 12, 36, and 60 hours. segment of the facility has six 18-inch diame-
7.2.4 The resulting on-water recovery ca- ter pipelines running one mile from the
pacity in barrels per day for each tier must dock-side manifold to several storage tanks
be used to identify response resources nec- which are located in the non-transportation-
essary to sustain operations in the applica- related portion of the facility. Although the
facility piping has a normal working pres-
ble operating area. The equipment must be
sure of 100 pounds per square inch, the piping
capable of sustaining operations for the time
has a maximum allowable working pressure
period specified in Table 2 of this appendix.
(MAWP) of 150 pounds per square inch. At
The facility owner or operator must identify
MAWP, the pumping system can move 10,000
and ensure the availability, through con-
barrels (bbls) of Number 6 oil every hour
tract or other approved means as described
through each pipeline. The facility has a rov-
in § 154.1028(a), of sufficient oil spill recovery
ing watchman who is required to drive the
devices to provide the effective daily recov-
length of the piping every 2 hours when the
ery oil recovery capacity required. If the re-
facility is receiving oil from a barge. The fa-
quired capacity exceeds the applicable cap
cility operator estimates that it will take
specified in Table 5 of this appendix, then a
approximately 10 minutes to secure pumping
facility owner or operator shall ensure, by operations when a discharge is discovered.
contract or other approved means as de- Using the definition of worst case discharge
scribed in § 154.1028(a), only for the quantity provided in § 154.1029(b)(ii), the following cal-
of resources required to meet the cap, but culation is provided:
shall identify sources of additional resources
2 hrs + 0.17 hour × 10,000 bbls per hour ......... 21,700
as indicated in § 154.1045(m). The owner or op- Piping volume = 37,322 ft 3 ÷ 5.6 ft 3/bbl ......... + 6,664
erator of a facility whose planning volume
exceeds the cap for 1993 must make arrange- Discharge volume per pipe ........................... 28,364
ments to identify and ensure the avail- Number of pipelines ..................................... ×6
ability, through contract or other approved Worst case discharge from MTR facility ..... 170,184
means as described in § 154.1028(a), of the ad-
ditional capacity in 1998 or 2003, as appro- To calculate the planning volumes for on-
priate. For a facility that handles, stores, or shore recovery:
transports multiple groups of oil, the re-
Worst case discharge: 170,184 bbls. Group IV

quired effective daily recovery capacity for oil
each group is calculated before applying the Emulsification factor (from Table 3): 1.4
cap. Operating Area impacted: Inland
385
Planned percent oil onshore recovery (from § 154.1045(i)(3) of this chapter, whichever is
Table 2): Inland 70% the lesser amount. When planning for the cu-
Planning volumes for onshore recovery: In- mulative application capacity required, the
land 170,184 × .7 × 1.4 = 166,780 bbls. calculations must account for the loss of
Conclusion: The facility owner or operator some oil to the environment due to natural
must contract with a response resource capa- dissipation causes (primarily evaporation).
ble of managing a 166,780 barrel shoreline The following procedure must be used to de-
cleanup. termine the cumulative application require-
To calculate the planning volumes for on- ments:
water recovery: 8.1.2 Determine the WCD volume of oil in
gallons and the appropriate oil group for the
Worst case discharge: 170,184 bbls. Group IV
type of petroleum oil (persistent Groups II,
oil
III, and IV). For facilities with mixed petro-
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland leum oils, assume a total WCD volume using
Planned percent oil on-water recovery (from the group that constitutes the largest por-
Table 2): Inland 50% tion of the oil being handled or the group
Planning volumes for on-water recovery: In- with the smallest natural dissipation factor;
land 170,184 × .5 × 1.4 = 119,128 bbls. 8.1.3 Multiply the total WCD amount in
gallons by the natural dissipation factor for
To determine the required resources for the appropriate oil group as follows: Group II
on-water recovery for each tier, use the mo- factor is 0.50; Group III is 0.30; and Group IV
bilization factors from Table 4: is 0.10. This represents the amount of oil that
can be expected to be lost to natural dissipa-
tion in a nearshore environment. Subtract
Inland = 119,128 bbls. ............... × .15 × .25 × .40 the oil amount lost to natural dissipation
from the total WCD amount to determine
Barrels per day (pbd) ................ 17,869 29,782 47,652 the remaining oil available for treatment by
dispersant application; and
Conclusion: Since the requirements for all 8.1.4 Multiply the oil available for dis-
tiers for inland exceed the caps, the facility persant treatment by the dispersant-to-oil
owner will only need to contract for 10,000 planning application ratio of 1 part dispers-
bpd for Tier 1, 20,000 bpd for Tier 2, and 40,000 ant to 20 parts oil (0.05). The resulting num-
bpd for Tier 3. Sources for the bpd on-water ber represents the cumulative total dispers-
recovery resources above the caps for all ant-application capability that must be en-
three Tiers need only be identified in the re- sured available within the first 60 hours.
sponse plan. 8.1.5(i) The following is an example of the
Twenty percent of the capability for In- procedure described in paragraphs 8.1.1
land, for all tiers, must be capable of oper- through 8.1.4 above: A facility with a 1,000,000
ating in water with a depth of 6 feet or less. gallon WCD of crude oil (specific gravity
The facility owner or operator will also be 0.87) is located in an area with pre-authoriza-
required to identify or ensure, by contract or tion for dispersant use in the nearshore envi-
other approved means as described in ronment on the U.S. East Coast:
§ 154.1028(a), sufficient response resources re- WCD: 1,000,000 gallons, Group III oil.
quired under §§ 154.1035(b)(4) and 154.1045(k) to Natural dissipation factor for Group III: 30
protect fish and wildlife and sensitive envi- percent.
ronments identified in the response plan for General formula to determine oil available
the worst case discharge from the facility. for dispersant treatment: (WCD)¥[(WCD) ×
The COTP has the discretion to accept (natural dissipation factor)] = available oil.
that a facility can operate only a limited E.g., 1,000,000 gal¥(1,000,000 gal × .30) =
number of the total pipelines at a dock at a 700,000 gallons of available oil.
time. In those circumstances, the worst case Cumulative application capacity = Avail-
discharge must include the drainage volume able oil × planning application ratio (1 gal
from the piping normally not in use in addi- dispersant/20 gals oil = 0.05).
tion to the drainage volume and volume of E.g., 700,000 gal oil × (0.05) = 35,000 gallons
oil discharged during discovery and shut cumulative dispersant-application capacity.
down of the oil discharge from the operating (ii) The requirements for cumulative dis-
piping. persant-application capacity (35,000 gallons)
for this facility’s WCD is less than the over-
8. Determining the Capability of High-Rate
all dispersant capability for non-Gulf Coast
Response Methods
waters required by § 155.1045(i)(3) of this
8.1. Calculate cumulative dispersant ap- chapter. Because paragraph 8.1.1 of this ap-
plication capacity as follows: pendix requires owners and operators to en-
8.1.1 A facility owner or operator must sure the availability of the lesser of a facili-
plan either for a dispersant capacity to re-
ty’s dispersant requirements for WCD or the

spond to a facility’s worst case discharge amount of the dispersant cap provided for in
(WCD) of oil, or for the amount of the dis- § 154.1045(i)(3), the facility in this example
persant resource cap as required by would be required to ensure the availability
386
of 35,000 gallons of dispersant. More specifi- 8.2.4.2 The amount and location of avail-
cally, this facility would be required to meet able dispersant stockpiles to support each
the following tier requirements in platform; and,
§ 154.1045(i)(3), which total 35,000 gallons ap- 8.2.4.3 A primary staging site for each
plication: platform that will serve as its base of oper-
Tier 1—4,125 gallons—Completed in 12 ations for the duration of the response.
hours. 8.3 In addition to the equipment and sup-
Tier 2—23,375 gallons—Completed in 36 plies required, a facility owner or operator
hours. must identify a source of support to conduct
Tier 3—7,500 gallons—Completed in 60 the monitoring and post-use effectiveness
hours. evaluation required by applicable regional
8.2 Determine Effective Daily Application plans and ACPs.
Capacities (EDACs) for dispersant response 8.4 Identification of the resources for dis-
systems as follows: persant application does not imply that the
use of this technique will be authorized. Ac-
8.2.1 EDAC planning estimates for compli-
tual authorization for use during a spill re-
ance with the dispersant application require-
sponse will be governed by the provisions of
ments in § 154.1045(i)(3) are to be based on:
the National Oil and Hazardous Substances
8.2.1.1 The spill occurring at the facility;
Contingency Plan (40 CFR part 300) and the
8.2.1.2 Specific dispersant application applicable Local or Area Contingency Plan.
platform operational characteristics identi-
fied in the EDSP or as demonstrated by oper- 9. Additional Equipment Necessary To Sustain
ational tests; Response Operations
8.2.1.3 Locations of primary dispersant
9.1 A facility owner or operator is respon-
staging sites; and
sible for ensuring that sufficient numbers of
8.2.1.4 Locations and quantities of dispers-
trained personnel and boats, aerial spotting
ant stockpiles.
aircraft, containment boom, sorbent mate-
8.2.2 EDAC calculations with supporting rials, boom anchoring materials, and other
documentation must be submitted to the supplies are available to sustain response op-
NSFCC for classification as a Dispersant Oil erations to completion. All such equipment
Spill Removal Organization. must be suitable for use with the primary
8.2.3(i) EDAC can also be calculated using equipment identified in the response plan. A
the Dispersant Mission Planner 2 (EDSP). facility owner or operator is not required to
The EDSP is a downloadable application list these response resources, but shall cer-
that calculates EDAC for different dispers- tify their availability.
ant response systems. It is located on the 9.2 A facility owner or operator shall
Internet at: http:// evaluate the availability of adequate tem-
www.response.restoration.noaa.gov/spilltools. porary storage capacity to sustain the effec-
(ii) The DMP2 contains operating informa- tive daily recovery capacities from equip-
tion for the vast majority of dispersant ap- ment identified in the plan. Because of the
plication platforms, including aircraft, both inefficiencies of oil spill recovery devices, re-
rotary and fixed wing, and vessels. The sponse plans must identify daily storage ca-
DMP2 produces EDAC estimates by per- pacity equivalent to twice the effective daily
forming calculations based on performance recovery rate required on scene. This tem-
parameters of dispersant application plat- porary storage capacity may be reduced if a
forms, locations of primary dispersant stag- facility owner or operator can demonstrate
ing sites, home-based airport or port loca- by waste stream analysis that the effi-
tions, and the facility location (for the spill ciencies of the oil recovery devices, ability
site). to decant waste, or the availability of alter-
8.2.4 For each Captain of the Port zone native temporary storage or disposal loca-
where a dispersant response capability is re- tions will reduce the overall volume of oily
quired, the response plan must identify: material storage requirement.
8.2.4.1 The type, number, and location of 9.3 A facility owner or operator shall en-
each dispersant-application platform insure that his or her planning includes the ca-
tended for use to meet dispersant delivery pability to arrange for disposal of recovered
requirements specified in § 154.1045(i)(3) of oil products. Specific disposal procedures
this chapter; 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
387
BOOM
Use
Boom property Rivers and Inland Great Lakes Ocean
canals
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 3 Days 4 Days 6 Days

recovery
% Re- % Re- % Re-
% Nat- % Nat- % Nat-
covered % Oil on covered % Oil on covered % Oil on
ural dis- ural dis- ural dis-
Oil group floating shore floating shore floating shore
sipation sipation sipation
oil oil oil
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 TABLE 4—ON WATER OIL RECOVERY

PETROLEUM OIL GROUPS RESOURCE MOBILIZATION FACTORS
Tier Tier Tier
Non-Persistent Oil: Operating Area 1 2 3
Group I ..................................................... 1.0
Persistent Oil: Rivers & Canals .................................... .30 .40 .60
Group II .................................................... 1.8 Inland/Nearshore/Great Lakes .............. .15 .25 .40
Offshore ................................................. .10 .165 .21
Group III ................................................... 2.0
Group IV ................................................... 1.4 Note: These mobilization factors are for total response re-
sources mobilized, not incremental response resources.
TABLE 5—RESPONSE CAPABILITY CAPS BY OPERATING AREA

February 18, 1993:

All except rivers and canals, Great 10K bbls/day .................... 20K bbls/day .................... 40K bbls/day/
Lakes.
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 12.5K bbls/day ................. 25K bbls/day .................... 50K bbls/day.
Lakes.
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 12.5K bbls/day ................. 25K bbls/day .................... 50K bbls/day.
Lakes.
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.
NOTE: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD = To be determined.
[CGD 91–036, 61 FR 7933, Feb. 29, 1996, as amended by CGD 96–026, 61 FR 33666, June 28, 1996;
USCG–1999–5151, 64 FR 67175, Dec. 1, 1999; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–
2005–21531, 70 FR 36349, June 23, 2005; USCG–2001–8661, 74 FR 45025, Aug. 31, 2009; USCG–2010–
0351, 75 FR 36284, June 25, 2010; USCG–2014–0410, 79 FR 38436, July 7, 2014; USCG–2018–0874, 84
FR 30880, June 28, 2019]
388
Coast Guard, DHS Pt. 154, App. D
APPENDIX D TO PART 154—TRAINING 2.2.3.1 Tank overfill;

ELEMENTS FOR OIL SPILL RESPONSE 2.2.3.2 Tank rupture;
PLANS 2.2.3.3 Piping rupture;
2.2.3.4 Piping leak, both under pressure
1. General and not under pressure, if applicable;
2.2.3.5 Explosion or fire;
1.1 The portion of the plan dealing with
2.2.3.6 Equipment failure (e.g., pumping
training is one of the key elements of a re-
system failure, relief valve failure, or other
sponse plan. This concept is clearly ex-
general equipment relevant to operational
pressed by the fact that Congress, in writing
OPA 90, specifically included training as one activities associated with internal or exter-
of the sections required in a vessel or facility nal facility transfers).
response plan. In reviewing submitted re- 2.2.4 Procedures for transferring responsi-
sponse plans, it has been noted that the bility for direction of response activities
plans often do not provide sufficient infor- from facility personnel to the spill manage-
mation in the training section of the plan for ment team.
either the user or the reviewer of the plan. In 2.2.5 Familiarity with the operational ca-
some cases, plans simply state that the crew pabilities of the contracted oil spill removal
and others will be trained in their duties and organizations and the procedures to notify
responsibilities, with no other information the activate such organizations.
being provided. In other plans, information 2.2.6 Familiarity with the contracting and
is simply given that required parties will re- ordering procedures to acquire oil spill re-
ceive the necessary worker safety training moval organization resources.
(HAZWOPER). 2.2.7 Familiarity with the ACP(s).
1.2 The training section of the plan need 2.2.8 Familiarity with the organizational
not be a detailed course syllabus, but it must structures that will be used to manage the
contain sufficient information to allow the response actions.
user and reviewer (or evaluator) to have an 2.2.9 Responsibilities and duties of the
understanding of those areas that are be- spill management team members in accord-
lieved to be critical. Plans should identify ance with designated job responsibilities.
key skill areas and the training that is re- 2.2.10 Responsibilities and authority of
quired to ensure that the individual identi- the qualified individual as described in the
fied will be capable of performing the duties facility response plan and company response
prescribed to them. It should also describe organization.
how the training will be delivered to the var- 2.2.11 Responsibilities of designated indi-
ious personnel. Further, this section of the viduals to initiate a response and supervise
plan must work in harmony with those sec- response resources.
tions of the plan dealing with exercises, the 2.2.12 Actions to take, in accordance with
spill management team, and the qualified in- designated job responsibilities, in the event
dividual. of a transfer system leak, tank overflow, or
1.3 The material in this appendix D is not suspected cargo tank or hull leak.
all-inclusive and is provided for guidance 2.2.13 Information on the cargoes handled
only. by the vessel or facility, including famili-
arity with—
2. Elements To Be Addressed 2.2.13.1 Cargo material safety data sheets;
2.1 To assist in the preparation of the 2.2.13.2 Chemical characteristic of the
training section of a facility response plan, cargo;
some of the key elements that should be ad- 2.2.13.3 Special handling procedures for
dressed are indicated in the following sec- the cargo;
tions. Again, while it is not necessary that 2.2.13.4 Health and safety hazards associ-
the comprehensive training program for the ated with the cargo; and
company be included in the response plan, it 2.2.13.5 Spill and firefighting procedures
is necessary for the plan to convey the ele- for cargo.
ments that define the program as appro- 2.2.14 Occupational Safety and Health Ad-
priate. ministration requirements for worker health
2.2 An effective spill response training and safety (29 CFR 1910.120).
program should consider and address the fol- 3. Further Considerations
lowing:
2.2.1 Notification requirements and proce- In drafting the training section of the fa-
dures. cility response plan, some further consider-
2.2.2 Communication system(s) used for ations are noted below (these points are
the notifications. raised simply as a reminder):
2.2.3 Procedures to mitigate or prevent 3.1 The training program should focus on
any discharge or a substantial threat of a training provided to facility personnel.

discharge of oil resulting from failure of 3.2 An organization is comprised of indi-
manifold, mechanical loading arm, or other viduals, and a training program should be
transfer equipment or hoses, as appropriate; structured to recognize this fact by ensuring
389
that training is tailored to the needs of the 155.210 Discharge removal equipment for
individuals involved in the program. vessels less than 400 feet in length.
3.3 An owner or operator may identify 155.215 Discharge removal equipment for in-
equivalent work experience which fulfills land oil barges.
specific training requirements. 155.220 Discharge removal equipment for
3.4 The training program should include vessels carrying oil as secondary cargo.
participation in periodic announced and un- 155.225 Internal cargo transfer capability.
announced exercises. This participation 155.230 Emergency control systems for tank
should approximate the actual roles and re- barges.
sponsibilities of individual specified in the 155.235 Emergency towing capability for oil
plan. tankers.
3.5 Training should be conducted periodi- 155.240 Damage stability information for oil
cally to reinforce the required knowledge tankers and offshore oil barges.
and to ensure an adequate degree of pre- 155.245 Damage stability information for in-
paredness by individuals with responsibil- land oil barges.
ities under the facility response plan. 155.250 Oil fuel tank protection.
3.6 Training may be delivered via a num- 155.310 Containment of oil and hazardous
ber of different means; including classroom material cargo discharges.
sessions, group discussions, video tapes, self- 155.320 Fuel oil and bulk lubricating oil dis-
study workbooks, resident training courses, charge containment.
on-the-job training, or other means as 155.330 Oily mixture (bilge slops)/fuel oil
deemed appropriate to ensure proper instruc- tank ballast water discharges on U.S.
tion. non-oceangoing ships.
155.350 Oily mixture (bilge slops)/fuel oil
3.7 New employees should complete the
tank ballast water discharges on ocean-
training program prior to being assigned job
going ships of less than 400 gross tons.
responsibilities which require participation
155.360 Oily mixture (bilge slops) discharges
in emergency response situations.
on oceangoing ships of 400 gross tons and
4. Conclusion above but less than 10,000 gross tons, ex-
cluding ships that carry ballast water in
The information in this appendix is only their fuel oil tanks.
intended to assist response plan preparers in 155.370 Oily mixture (bilge slops)/fuel oil
reviewing the content of and in modifying tank ballast water discharges on ocean-
the training section of their response plans. going ships of 10,000 gross tons and above
It may be more comprehensive than is need- and oceangoing ships of 400 gross tons
ed for some facilities and not comprehensive and above that carry ballast water in
enough for others. The Coast Guard expects their fuel oil tanks.
that plan preparers have determined the 155.380 Oily water separating equipment and
training needs of their organizations created bilge alarm approval standards.
by the development of the response plans and 155.400 Platform machinery space drainage
the actions identified as necessary to in- on oceangoing fixed and floating drilling
crease the preparedness of the company and rigs and other platforms.
its personnel to respond to actual or threat- 155.410 Pumping, piping and discharge re-
ened discharges of oil from their facilities. quirements for U.S. non-oceangoing ships
[CGD 91–036, 61 FR 7938, Feb. 29, 1996] of 100 gross tons and above.
155.420 Pumping, piping and discharge re-
quirements for oceangoing ships of 100
PART 155—OIL OR HAZARDOUS gross tons and above but less than 400
MATERIAL POLLUTION PREVEN- gross tons.
155.430 Standard discharge connections for
TION REGULATIONS FOR VES- oceangoing ships of 400 gross tons and
SELS above.
155.440 Segregation of fuel oil and ballast
Subpart A—General water on new oceangoing ships of 4,000
gross tons and above, other than oil
Sec. tankers, and on new oceangoing oil tank-
155.100 Applicability. ers of 150 gross tons and above.
155.110 Definitions. 155.450 Placard.
155.120 Equivalents. 155.470 Prohibited spaces.
155.130 Exemptions. 155.480 Overfill devices.
155.140 Incorporation by reference. 155.490 [Reserved]
Subpart B—Vessel Equipment Subpart C—Transfer Personnel, Procedures,

Equipment, and Records

155.205 Discharge removal equipment for 155.700 Designation of person in charge.
vessels 400 feet or greater in length. 155.710 Qualifications of person in charge.
390
155.715 Contents of letter of designation as a 155.1125 Additional response plan require-
person-in-charge of the transfer of fuel ments.
oil. 155.1130 Requirements for prepositioned re-
155.720 Transfer procedures. sponse equipment.
155.730 Compliance with transfer proce- 155.1135 Response plan development and
dures. evaluation criteria.
155.740 Availability of transfer procedures. 155.1145 Submission and approval proce-
155.750 Contents of transfer procedures. dures.
155.760 Amendment of transfer procedures. 155.1150 Plan revision and amendment pro-
155.770 Draining into bilges. cedures.
155.775 Maximum cargo level of oil.
155.780 Emergency shutdown. Subpart F—Response plan requirements for
155.785 Communications. vessels carrying animal fats and vege-
155.790 Deck lighting. table oils as a primary cargo
155.800 Transfer hose.
155.805 Closure devices. 155.1210 Purpose and applicability.
155.810 Tank vessel security. 155.1225 Response plan submission require-
155.815 Tank vessel integrity. ments.
155.820 Records. 155.1230 Response plan development and
evaluation criteria.
Subpart D—Tank Vessel Response Plans for
Oil Subpart G—Response Plan Requirements
155.1010 Purpose.
for Vessels Carrying Other Non-Petro-
155.1015 Applicability. leum Oils as a Primary Cargo
155.1020 Definitions. 155.2210 Purpose and applicability.
155.1025 Operating restrictions and interim 155.2225 Response plan submission require-
operating authorization. ments.
155.1026 Qualified individual and alternate 155.2230 Response plan development and
qualified individual. evaluation criteria.
155.1030 General response plan require-
ments.
Subpart H [Reserved]
155.1035 Response plan requirements for
manned vessels carrying oil as a primary
Subpart I—Salvage and Marine Firefighting
cargo.
155.1040 Response plan requirements for un- 155.4010 Purpose of this subpart.
manned tank barges carrying oil as a pri- 155.4015 Vessel owners and operators who
mary cargo. must follow this subpart.
155.1045 Response plan requirements for ves- 155.4020 Complying with this subpart.
sels carrying oil as a secondary cargo. 155.4025 Definitions.
155.1050 Response plan development and 155.4030 Required salvage and marine fire-
evaluation criteria for vessels carrying fighting services to list in response
groups I through IV petroleum oil as a plans.
primary cargo. 155.4032 Other resource provider consider-
155.1052 Response plan development and ations.
evaluation criteria for vessels carrying 155.4035 Required pre-incident information
group V petroleum oil as a primary and arrangements for the salvage and
cargo. marine firefighting resource providers
155.1055 Training. listed in response plans.
155.1060 Exercises. 155.4040 Response times for each salvage
155.1062 Inspection and maintenance of re- and marine firefighting service.
sponse resources. 155.4045 Required agreements or contracts
155.1065 Procedures for plan submission, ap- with the salvage and marine firefighting
proval, requests for acceptance of alter- resource providers.
native planning criteria, and appeal. 155.4050 Ensuring that the salvors and ma-
155.1070 Procedures for plan review, revi- rine firefighters are adequate.
sion, amendment, and appeal. 155.4052 Drills and exercises.
155.4055 Temporary waivers from meeting
Subpart E—Additional Response Plan Re- one or more of the specified response
quirements for Tankers Loading Cargo times.
at a Facility Permitted Under the Trans-
Alaska Pipeline Authorization Act Subpart J—Nontank Vessel Response Plans
155.1110 Purpose and applicability. 155.5010 Purpose.

155.1115 Definitions. 155.5012 Deviation from response plan.
155.1120 Operating restrictions and interim 155.5015 Applicability.
operating authorization. 155.5020 Definitions.
391
§ 155.100 33 CFR Ch. I (7–1–20 Edition)
155.5021 Operating restrictions. minal under the jurisdiction of the
155.5023 Interim operating authorization. United States.
155.5025 One-time port waiver. (b) This part does not apply to:
155.5026 Qualified individual and alternate
qualified individual. (1) A warship, naval auxiliary, or
155.5030 Nontank vessel response plan re- other ship owned or operated by a
quirements: General content. country when engaged in non-commer-
155.5035 Nontank vessel response plan re- cial service; or
quirements: Specific content. (2) Any other ship specifically ex-
155.5050 Response plan development and cluded by MARPOL 73/78.
evaluation criteria for nontank vessels
carrying groups I through IV petroleum
(c) Section 155.480 applies to each
oil. tank vessel with a cargo capacity of
155.5052 Response plan development and 1,000 or more cubic meters (approxi-
evaluation criteria for nontank vessels mately 6,290 barrels), loading oil or oil
carrying group V petroleum oil. reside as cargo that is operated under
155.5055 Training. the authority of the United States,
155.5060 Exercises. wherever located, or operated under
155.5061 Alternative Training and Exercise
Program.
the authority of a country other than
155.5062 Inspection and maintenance of re- the United States while in the navi-
sponse resources. gable waters of the United States, or
155.5065 Procedures for plan submission and while at a port or terminal under the
approval. jurisdiction of the United States.
155.5067 Alternative planning criteria.
155.5070 Procedures for plan review, revi- [CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as
sion, and amendment. amended by CGD 90–071a, 62 FR 48773, Sept.
155.5075 Appeal procedures. 17, 1997]
APPENDIX A TO PART 155—SPECIFICATIONS FOR
SHORE CONNECTION § 155.110 Definitions.
APPENDIX B TO PART 155—DETERMINING AND Except as specifically stated in a sec-
EVALUATING REQUIRED RESPONSE RE- tion, the definitions in part 151 of this
SOURCES FOR VESSEL RESPONSE PLANS
chapter, except for the word ‘‘oil’’, and
APPENDIX C TO PART 155—TRAINING ELE-
MENTS FOR OIL SPILL RESPONSE PLANS
in part 154 of this chapter, apply to this
part. The following definition also ap-
AUTHORITY: 3 U.S.C. 301 through 303; 33 plies to this part:
U.S.C. 1321(j), 1903(b), 2735; 46 U.S.C 3306, 3703,
70011, 70034; E.O. 12777, 56 FR 54757, 3 CFR,
Merchant mariner credential or MMC
1991 Comp., p. 351; Department of Homeland means the credential issued by the
Security Delegation No. 0170.1. Section Coast Guard under 46 CFR part 10. It
155.1020 also issued under section 316 of Pub. combines the individual merchant
L. 114–120. Section 155.480 also issued under mariner’s document, license, and cer-
section 4110(b) of Pub. L. 101–380. tificate of registry enumerated in 46
NOTE: Additional requirements for vessels U.S.C. subtitle II part E as well as the
carrying oil or hazardous materials are con-
tained in 46 CFR parts 30 through 40, 150, 151,
STCW endorsement into a single cre-
and 153 dential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of serv-
Subpart A—General ice.
SOURCE: CGD 75–124a, 48 FR 45714, Oct. 6, [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009]
§ 155.120 Equivalents.
§ 155.100 Applicability. (a) For ships required to be surveyed
(a) Subject to the exceptions pro- under § 151.17 of this chapter, the Com-
vided for in paragraph (b) and (c) of mandant may, upon receipt of a writ-
this section, this part applies to each ten request, allow any fitting, mate-
ship that: rial, appliance or apparatus to be fitted
(1) Is operated under the authority of in a ship as an alternative to that re-
the United States, wherever located; or quired by both MARPOL 73/78 and sub-
(2) Is operated under the authority of part B of this part if such fitting, ma-
a country other than the United States terial, appliance, or apparatus is at

while in the navigable waters of the least as effective as that required by
United States, or while at a port or ter- subpart B. Substitution of operational
392
methods to control the discharge of oil (d) An oceangoing ship is not given
in place of those design and construc- an exemption from the requirements of
tion features prescribed by MARPOL subpart B of this part unless the ship is
73/78 that are also prescribed by sub- a hydrofoil, air cushion vehicle or
part B of this part is not allowed. other new type of ship (near-surface
(b) Any equivalent to a feature pre- craft, submarine craft, etc.) whose con-
scribed by MARPOL 73/78 that is au- structional features are such as to
thorized for a ship having an IOPP Cer- render the application of any of the
tificate is noted on that Certificate. provisions of subpart B relating to con-
(c) For tank vessels required to have struction and equipment unreasonable
overfill devices installed under parts or impractical. The construction and
155 and 156 of this chapter, the Com- equipment of the ship must provide
mandant may, upon receipt of a writ- protection equivalent to that afforded
ten request, allow any fitting, mate- by subpart B of this part against pollu-
rial, appliance, or apparatus to be tion, having regard to the service for
fitted in a tank vessel as an alternative which the ship is intended.
to the required overfill device(s) that (e) An exemption is granted or denied
are specified in these parts if the pro- in writing. The decision of the Com-
posed alternative device is at least as mandant is a final agency action.
effective as that required in the regula- NOTE TO § 155.130: Additional exemptions/
tions. temporary waivers related to salvage and ma-
[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as rine firefighting requirements can be found in
amended by CGD 90–071a, 59 FR 53290, Oct. 21, § 155.4055.
1994] [CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as
§ 155.130 Exemptions. 1990; USCG–1998–3417, 73 FR 80648, Dec. 31,
(a) The Commandant grants an ex- 2008]
emption or partial exemption from
compliance with any requirement in § 155.140 Incorporation by reference.
this part if: (a) Certain material is incorporated
(1) A ship operator submits a written by reference into this part with the ap-
request for an exemption via the COTP proval of the Director of the Federal
or OCMI thirty (30) days before oper- Register under 5 U.S.C. 552(a) and 1
ations under the exemption are pro- CFR part 51. To enforce any edition
posed unless the COTP or OCMI au- other than that specified in this sec-
thorizes a shorter time; and tion, the Coast Guard must publish no-
(2) It is determined from the request tice of change in the FEDERAL REG-
that: ISTER and the material must be avail-
(i) Compliance with a specific re- able to the public. All approved mate-
quirement is economically or phys- rial is available for inspection at the
ically impractical; National Archives and Records Admin-
(ii) No alternative procedures, meth- istration (NARA). For information on
ods, or equipment standards exist that the availability of this material at
would provide an equivalent level of NARA, call 202–741–6030 or go to http://
protection from pollution; and www.archives.gov/federallregister/
(iii) The likelihood of discharges oc- codeloflfederallregulations/
curring as a result of the exemption is ibrllocations.html. Also, it is available
minimal. for inspection at Coast Guard Head-
(b) If requested, the applicant must quarters. Contact Commandant (CG–
submit any appropriate information, CVC), Attn: Office of Commercial Ves-
including an environmental and eco- sel Compliance, U.S. Coast Guard Stop
nomic assessment of the effects of and 7501, 2703 Martin Luther King Jr. Ave-
the reasons for the exemption and pro- nue SE., Washington, DC 20593–7501,
posed procedures, methods, or equip- 202–372–1251. Approved material is
ment standards. available from the sources indicated in
(c) The exemption may specify the this section.

procedures, methods, or equipment (b) American National Standards Insti-
standards that will apply. tute, Inc. (ANSI), 25 West 43rd Street,
393
§ 155.140 33 CFR Ch. I (7–1–20 Edition)
New York, NY 10036, 212–642–4980, http:// cluding Guidelines for Reporting Inci-
www.ansi.org/: dents Involving Dangerous Goods,
(1) ANSI A10.14, Requirements for Harmful Substances and/or Marine Pol-
Safety Belts, Harnesses, Lanyards and lutants, adopted 27 November, 1997, in-
Lifelines for Construction and Demoli- corporation by reference approved for
tion Use, 1991 (‘‘ANSI A10.14’’), incorpo- § 155.5035.
ration by reference approved for (4) Resolution MSC.35(63), Adoption
§ 155.230. of Guidelines for Emergency Towing
(2) [Reserved] Arrangement on Tankers, May 20, 1994
(c) ASTM International, 100 Barr Har- (‘‘Resolution MSC.35(63)’’), incorpora-
bor Drive, P.O. Box C700, West tion by reference approved for § 155.235.
Conshohocken, PA 19428–2959, 877–909–
(5) Resolution MSC.104(73), Adoption
2786, http://www.astm.org:
of Amendments to the International
(1) ASTM F 631–93, Standard Guide
Safety Management (ISM) Code, adopt-
for Collecting Skimmer Performance
ed 5 December, 2000, incorporation by
Data in Controlled Environments
reference approved for § 155.5035.
(‘‘ASTM F 631–93’’), incorporation by
reference approved for Appendix B. (6) MARPOL Consolidated Edition
(2) ASTM F 715–95, Standard Test 2011, Annex I, Regulations for the pre-
Methods for Coated Fabrics Used for vention of pollution by oil, Chapter 3—
Oil Spill Control and Storage (‘‘ASTM Requirements for machinery spaces of
F 715–95’’), incorporation by reference all ships, Part A-Construction, Regula-
approved for in Appendix B. tion 12A, ‘‘Oil fuel tank protection’’,
(3) [Reserved] incorporation by reference approved
(4) ASTM F1413–07, Standard Guide for § 155.250 (Annex I, Regulation 12A).
for Oil Spill Dispersant Application (e) National Fire Protection Association
Equipment: Boom and Nozzle Systems, (NFPA), 1 Batterymarch Park, Quincy,
incorporation by reference approved MA 02269–7471, 617–770–3000, http://
for § 155.1050. www.nfpa.org/:
(5) ASTM F1737–07, Standard Guide (1) NFPA 1001, Standard for Fire
for Use of Oil Spill Dispersant-Applica- Fighter Professional Qualifications,
tion Equipment During Spill Response: 2008 Edition (‘‘NFPA 1001’’), incorpora-
Boom and Nozzle Systems, incorporation by reference approved for
tion by reference approved for § 155.4050.
§ 155.1050. (2) NFPA 1005, Standard for Profes-
(6) ASTM F1779–08, Standard Practice sional Qualifications for Marine Fire
for Reporting Visual Observations of Fighting for Land-Based Fire Fighters,
Oil on Water, incorporation by ref- 2007 Edition (‘‘NFPA 1005’’), incorpora-
erence approved for § 155.1050. tion by reference approved for
(d) International Maritime Organiza- § 155.4050.
tion (IMO), 4 Albert Embankment, Lon- (3) NFPA 1021, Standard for Fire Offi-
don SE1 7SR, United Kingdom, http:// cer Professional Qualifications, 2003
www.imo.org/:
Edition (‘‘NFPA 1021’’), incorporation
(1) Resolution A.535(13), Rec-
by reference approved for § 155.4050.
ommendations on Emergency Towing
Requirements for Tankers, November (4) NFPA 1405, Guide for Land-Based
17, 1983 (‘‘Resolution A.535(13)’’), incor- Fire Fighters Who Respond to Marine
poration by reference approved for Vessel Fires, 2006 Edition (‘‘NFPA
§ 155.235. 1405’’), incorporation by reference ap-
(2) Resolution A.741(18), International proved for §§ 155.4035 and 155.4050.
Management Code for the Safe Oper- (5) NFPA 1561, Standard on Emer-
ation of Ships and for Pollution Pre- gency Services Incident Management
vention (International Safety Manage- System, 2008 Edition (‘‘NFPA 1561’’),
ment (ISM) Code), adopted 4 November, incorporation by reference approved
1993, incorporation by reference ap- for § 155.4050.
proved for § 155.5035. (f) Oil Companies International Marine
(3) Resolution A.851(20), General Forum (OCIMF), 29 Queen Anne’s Gate,

Principles for Ship Reporting Systems London, SW1H 9BU England, http://
and Ship Reporting Requirements, In- www.ocimf.com/:
394
(1) Ship to Ship Transfer Guide (Pe- Vessel carrying oil as secondary cargo
troleum), Second Edition, 1988, incor- means a vessel carrying oil pursuant to
poration by reference approved for a permit issued under 46 CFR 30.01–5, 46
§ 155.1035. CFR 70.05–30, or 46 CFR 90.05–35 or pur-
(2) Ship to Ship Transfer Guide (Pe- suant to an International Oil Pollution
troleum), Fourth Edition, 2005, incor- Prevention (IOPP) or Noxious Liquid
poration by reference approved for Substance (NLS) certificate required
§ 155.5035. by § 151.33 or § 151.35 of this chapter; or
any uninspected vessel that carries oil
[USCG–1998–3417, 73 FR 80648, Dec. 31, 2008, as in bulk as cargo.
Aug. 31, 2009; USCG–2010–0351, 75 FR 36285, [CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
June 25, 2010; USCG–2012–0866, 78 FR 13249, amended by USCG–2001–9046, 67 FR 58524,
Feb. 27, 2013; USCG–2008–1070, 78 FR 60122, Sept. 17, 2002; 73 FR 79316, Dec. 29, 2008]
Sept. 30, 2013; USCG–2014–0410, 79 FR 38436,
July 7, 2014; USCG–2010–0194, 80 FR 5934, Feb. § 155.205 Discharge removal equip-
4, 2015] ment for vessels 400 feet or greater
in length.
Subpart B—Vessel Equipment (a) Oil tankers and offshore oil barges
with an overall length of 400 feet or
SOURCE: CGD 75–124a, 48 FR 45715, Oct. 6, more must carry appropriate equip-
1983, unless otherwise noted. ment and supplies for the containment
and removal of on-deck oil cargo spills
§ 155.200 Definitions. of at least 12 barrels.
(b) The equipment and supplies must
As used in this subpart: include—
Inland oil barge means a tank barge (1) Sorbents;
carrying oil in bulk as cargo certifi- (2) Non-sparking hand scoops, shov-
cated by the Coast Guard under 46 CFR els, and buckets;
chapter I, subchapter D for river or (3) Containers suitable for holding re-
canal service or lakes, bays, and sounds covered waste;
service. (4) Emulsifiers for deck cleaning;
On-deck spill means a discharge of oil (5) Protective clothing;
on the deck of a vessel during loading, (6) A minimum of one non-sparking
unloading, transfer, or other shipboard portable pump with hoses; and
operations. An on-deck spill could re- (7) Scupper plugs.
sult from a leaking fitting, an overfill, (c) During cargo transfer operations,
a bad connection, or similar oper- the equipment and supplies must re-
ational mishap. The term on-deck spill main ready for immediate use.
is used to differentiate these oper-
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
ational discharges from those caused
by collision or grounding where the June 30, 1998]
hull is punctured and a tank is rup-
tured, resulting in an uncontrolled dis- § 155.210 Discharge removal equip-
charge of oil into the marine environment for vessels less than 400 feet
ment. in length.
Offshore oil barge means a tank barge (a) Oil tankers and offshore oil barges
carrying oil in bulk as cargo, including with an overall length of less than 400
dual-mode integrated tug-barges, cer- feet must carry appropriate equipment
tificated by the Coast Guard under 46 and supplies for the containment and
CFR chapter I, subchapter D, for navi- removal of on-deck oil spills of at least
gation in waters outside the Boundary 7 barrels.
Lines, as defined in 46 CFR part 7, in (b) The equipment and supplies must
any ocean or the Gulf of Mexico; any include—
tank barge in Great Lakes service; or (1) Sorbents;
any foreign flag tank barge. (2) Non-sparking hand scoops, shov-
Oil tanker means a self-propelled ves- els, and buckets;
sel carrying oil in bulk as cargo, in- (3) Containers suitable for holding re-
cluding integrated tug-barges designed covered waste;
for push-mode operation. (4) Emulsifiers for deck cleaning;
395
§ 155.215 33 CFR Ch. I (7–1–20 Edition)
(5) Protective clothing; (c) The equipment and supplies must

(6) A minimum of one non-sparking be ready for immediate use during
portable pump with hoses; and cargo transfer operations.
(7) Scupper plugs. [CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
(c) During cargo transfer operations, amended by USCG–1998–3799, 63 FR 35531,
the equipment and supplies must re- June 30, 1998]
main ready for immediate use.
§ 155.225 Internal cargo transfer capa-
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as bility.
June 30, 1998]
Oil tankers and offshore oil barges
must carry suitable hoses and reducers
§ 155.215 Discharge removal equip- for internal transfer of cargo to tanks
ment for inland oil barges. or other spaces within the cargo block,
unless the vessel’s installed cargo pip-
(a) During cargo transfer operations, ing system is capable of performing
inland oil barges must have appro- this function.
priate equipment and supplies ready
for immediate use to control and re- [CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
move on-deck oil cargo spills of at amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]
least one barrel.
(b) The equipment and supplies must § 155.230 Emergency control systems
include— for tank barges.
(1) Sorbents; (a) Application. This section does not
(2) Non-sparking hand scoops, shov- apply to foreign vessels engaged in in-
els, and buckets; nocent passage (that is, neither enter-
(3) Containers suitable for holding re- ing nor leaving a U.S. port); it applies
covered waste; to tank barges and vessels towing them
(4) Emulsifiers for deck cleaning; and on the following waters:
(5) Protective clothing. (1) On the territorial sea of the U.S.
(c) The oil barge owner or operator [as defined in Presidential Proclama-
may rely on equipment available at the tion 5928 of December 27, 1988, it is the
transfer facility receiving from or dis- belt of waters 12 nautical miles wide
charging to the barge, provided the with its shoreward boundary the base-
barge owner or operator has pre- line of the territorial sea], unless—
arranged for the use of the equipment (i) The barge is being pushed ahead
by contract or other means approved of, or towed alongside, the towing ves-
by the Coast Guard. sel; and
(ii) The barge’s coastwise route is re-
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as stricted, on its certificate of inspection
(COI), so the barge may operate ‘‘in
June 30, 1998]
fair weather only, within 20 miles of
§ 155.220 Discharge removal equip- shore,’’ or with words to that effect.
ment for vessels carrying oil as sec- The Officer in Charge, Marine Inspec-
ondary cargo. tion, may define ‘‘fair weather’’ on the
COI.
(a) Vessels carrying oil as secondary
(2) In Great Lakes service unless—
cargo must carry appropriate equip-
(i) The barge is being pushed ahead
ment and supplies for the containment
of, or towed alongside, the towing ves-
and removal of on-deck oil cargo spills
sel; and
of at least one-half barrel. (ii) The barge’s route is restricted, on
(b) The equipment and supplies must its certificate of inspection (COI), so
include— the barge may operate ‘‘in fair weather
(1) Sorbents; only, within 5 miles of a harbor,’’ or
(2) Non-sparking hand scoops, shov- with words to that effect. The Officer
els, and buckets; in Charge, Marine Inspection, may de-
(3) Containers suitable for holding re- fine ‘‘fair weather’’ on the COI.
covered waste; (3) On Long Island Sound. For the

(4) Emulsifiers for deck cleaning; and purposes of this section, Long Island
(5) Protective clothing Sound comprises the waters between
396
the baseline of the territorial sea on sel regarding appropriate length of

the eastern end (from Watch Hill cable or chain to use; and
Point, Rhode Island, to Montauk (D) Each operator of the system
Point, Long Island) and a line drawn should wear a safety belt or harness se-
north and south from Premium Point, cured by a lanyard to a lifeline, drop
New York (about 40°54.5′ N, 73°45.5′ W), line, or fixed structure such as a weld-
to Hewlett Point, Long Island (about ed padeye, if the sea or the weather
40°50.5′ N, 73°45.3′ W), on the western warrants this precaution. Each safety
end. belt, harness, lanyard, lifeline, and
(4) In the Strait of Juan de Fuca. drop line must meet the specifications
(5) On the waters of Admiralty Inlet of ANSI A10.14 (incorporated by ref-
north of Marrowstone Point (approxi- erence, see § 155.140).
mately 48°06′ N, 122°41′ W). (ii) Maintenance and inspections. The
(b) Safety program. If you are the owner or operator of the system shall
owner or operator of a single-hull tank inspect it annually. The inspection
barge or of a vessel towing it, you must must verify that the system is ready
adequately man and equip either the for immediate use, and must include a
barge or the vessel towing it so the visual inspection of the equipment that
crew can arrest the barge by employing comprises the system in accordance
Measure 1, described in paragraph (b)(1) with the manufacturer’s recommenda-
of this section. Moreover, the crew tions. The inspection must also verify
must be able to arrest or retrieve the that the system is being maintained in
barge by employing either Measure 2 or accordance with the manufacturer’s
Measure 3, described in paragraphs recommendations. The inspection need
(b)(2) and (3) of this section, respec- not include actual demonstration of
tively. If you are the owner or operator the operation of the equipment or sys-
of a double-hull tank barge, you must tem.
adequately equip it and train its crew (iii) Training. On each manned barge,
or, if it is unmanned, train the crew of every crewmember must be thoroughly
the vessel towing it, so the crew can re- familiar with the operation of the sys-
trieve the barge by employing Measure tem. On each vessel towing an un-
2 described in paragraph (b)(2) of this manned barge, every deck crewmember
section. must be thoroughly familiar with the
(1) Measure 1. Each single-hull tank operation of the system installed on
barge, whether manned or unmanned, the barge. If during the last 12 months
must be equipped with an operable an- the system was not used to anchor or
choring system that conforms to 46 arrest the movement of the barge, then
CFR 32.15–15; except that, for barges a drill on the use of the system must be
operating only on the West Coast of conducted within the next month. The
the U.S., a system comprising heavy drill need not involve actual deploy-
surge gear and bridle legs may serve in- ment of the system. However, it must
stead of the anchoring system. Because allow every participant to demonstrate
these systems will also serve as emer- the competencies (that is, the knowl-
gency control systems, the owner or edge, skills, and abilities) needed to en-
operator must ensure that they meet sure that everyone assigned a duty in
the following criteria: anchoring or arresting the movement
(i) Operation and performance. When of the barge is ready to do his or her
the barge is underway— duty.
(A) The system is ready for imme- (2) Measure 2. If you are the owner or
diate use; operator of a tank barge or a vessel
(B) No more than two crewmembers towing it and this section applies to
are needed to operate the system and you by virtue of paragraph (a) of this
anchor the barge or arrest its move- section, you must have installed an
ment; emergency retrieval system or some
(C) While preparing to anchor the other measure acceptable to the Coast
barge or arrest its movement, the oper- Guard, as provided in paragraph (b)(3)
ator of the system should confer with of this section. Any such system must
the master or mate of the towing ves- meet the following criteria:
397
§ 155.235 33 CFR Ch. I (7–1–20 Edition)
(i) Design. The system must use an minimize risk to personnel and the en-
emergency towline with at least the vironment.
same pulling strength as required of (3) Measure 3. If you are the owner or
the primary towline. The emergency operator of a tank barge or a vessel
towline must be readily available on towing it and this section applies to
either the barge or the vessel towing it. you by virtue of paragraph (a) of this
The towing vessel must have on board section, you may use an alternative
equipment to regain control of the measure or system fit for retrieving a
barge and continue towing (using the barge or arresting its movement as a
emergency towline), without having to substitute for Measure 2, described in
place personnel on board the barge. paragraph (b)(2) of this section. Before
(ii) Operation and performance. The you use such a measure or system,
system must use a stowage arrange- however, it must receive the approval
ment that ensures the readiness of the of the Commandant (CG–ENG). It will
emergency towline and the availability receive this approval if it provides pro-
of all retrieval equipment for imme- tection against grounding of the tank
diate use in an emergency whenever vessel comparable to that provided by
the barge is being towed astern. one of the other two measures de-
(iii) Maintenance and inspection. The scribed in this section.
owner or operator of the system shall [USCG–1998–4443, 65 FR 31811, May 19, 2000, as
inspect it annually. The inspection amended by USCG–2001–8661, 74 FR 45026,
must verify that the emergency re- Aug. 31, 2009; USCG–2010–0351, 75 FR 36285,
trieval system is ready for immediate June 25, 2010; USCG–2014–0410, 79 FR 38436,
use, and must include a visual inspec- July 7, 2014]
tion of the equipment that comprises
the system in accordance with the § 155.235 Emergency towing capability
for oil tankers.
manufacturer’s recommendations. The
inspection must also verify that the An emergency towing arrangement
system is being maintained in accord- shall be fitted at both ends on board all
ance with the manufacturer’s rec- oil tankers of not less than 20,000 dead-
ommendations. The inspection need weight tons (dwt), constructed on or
not include actual demonstration of after September 30, 1997. For oil tank-
the operation of the equipment or sys- ers constructed before September 30,
tem. Details concerning maintenance 1997, such an arrangement shall be
of towlines appear in 33 CFR 164.74(a)(3) fitted at the first scheduled dry-dock-
and Navigation and Vessel Inspection ing, but not later than January 1, 1999.
Circular (NVIC) No. 5–92. Our NVICs The design and construction of the
are available online at http:// towing arrangement shall be in accord-
www.uscg.mil/hq/g-m/nvic/index.htm. ance with IMO resolution MSC.35(63)
(iv) Training. Barge-retrieval drills (incorporated by reference; see
must take place annually, and not § 155.140).
more than one month after a master or [USCG–2001–8661, 74 FR 45026, Aug. 31, 2009]
mate responsible for supervising barge
retrieval begins employment on a ves- § 155.240 Damage stability information
sel that tows tank barges. for oil tankers and offshore oil
(A) Each drill must allow every par- barges.
ticipant to demonstrate the com- (a) Owners or operators of oil tankers
petencies (that is, the knowledge, and offshore oil barges shall ensure
skills, and abilities) needed to ensure that their vessels have prearranged,
that everyone assigned a duty in barge prompt access to computerized, shore-
retrieval is ready to do his or her part based damage stability and residual
to regain control of a drifting barge. structural strength calculation pro-
(B) If the drill includes actual oper- grams.
ation of a retrieval system, it must be (b) Vessel baseline strength and sta-
conducted under the supervision of the bility characteristics must be pre-en-
master or mate responsible for re- tered into such programs and be con-
trieval, and preferably in open waters sistent with the vessel’s existing con-
free from navigational hazards so as to figuration.
398
(c) Access to the shore-based calcula- loading operation, has a capacity of at

tion program must be available 24 least:
hours a day. (i) One half barrel if it serves one or
(d) At a minimum, the program must more hoses with an inside diameter of
facilitate calculation of the following: 2 inches or less, or one or more loading
(1) Residual hull girder strength arms with a nominal pipe size diameter
based on the reported extent of dam- of 2 inches or less;
age. (ii) One barrel if it serves one or more
(2) Residual stability when the ves- hoses with an inside diameter of more
sel’s compartments are breached. than 2 inches but less than 4 inches, or
(3) The most favorable off-loading, one or more loading arms with a nomi-
ballasting, or cargo transfer sequences nal pipe size diameter of more than 2
to improve residual stability, reduce inches but less than 4 inches;
hull girder stresses, and reduce ground- (iii) Two barrels if it serves one or
force reaction. more hoses with an inside diameter of
(4) The bending and shear stresses 4 inches or more, but less than 6 inches,
caused by pinnacle loads from ground- or one or more loading arms with a
ing or stranding. nominal pipe size diameter of 4 inches
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
or more, but less than 6 inches;
amended by USCG–1998–3799, 63 FR 35531, (iv) Three barrels if it serves one or
June 30, 1998] more hoses with an inside diameter of
6 inches or more, but less than 12
§ 155.245 Damage stability information inches, or one or more loading arms
for inland oil barges. with a nominal pipe size diameter of 6
(a) Owners or operators of inland oil inches or more, but less than 12 inches;
barges shall ensure that the vessel or
plans necessary to perform salvage, (v) Four barrels if it serves one or
stability, and residual hull strength as- more hoses with an inside diameter of
sessments are maintained at a shore- 12 inches or more, or one or more load-
based location. ing arms with a nominal pipe size di-
(b) Access to the plans must be avail- ameter of 12 inches or more;
able 24 hours a day. (2) A means of draining or removing
discharged oil or hazardous material
[CGD 90–068, 58 FR 67997, Dec. 22, 1993, as
from each container or enclosed deck
June 30, 1998] area without discharging the oil or
hazardous material into the water; and
§ 155.250 Oil fuel tank protection. (3) A mechanical means of closing
each drain and scupper in the container
Each ship with an aggregate oil fuel
or enclosed deck area required by this
capacity of 600 cubic meters or more
section.
that is delivered on or after August 1,
2010, must meet the minimum standard (b) An offshore tank barge with a
of oil fuel tank protection required by cargo capacity of 250 or more barrels
Annex I, Regulation 12A (incorporated that is carrying hazardous material as
by reference, see § 155.140). cargo and an inland tank barge with
the capacity of 250 or more barrels that
[USCG–2010–0194, 80 FR 5934, Feb. 4, 2015] is carrying oil or a hazardous material
as cargo must meet paragraph (a) of
§ 155.310 Containment of oil and haz- this section or be equipped with—
ardous material cargo discharges.
(1) A coaming, at least 4 inches high
(a) A tank vessel with a capacity of but not more than 8 inches high, en-
250 or more barrels that is carrying oil closing the immediate area of the
or hazardous material as cargo must cargo hatches, loading manifolds, and
have— transfer connections, that has a capac-
(1) Under or around each loading ity, in all conditions of vessel list and
manifold and each transfer connection trim to be encountered during the load-
point, a fixed container or enclosed ing operation, of at least one-half bar-

deck area that, in all conditions of ship rel per hatch, manifold, and connection
list or trim encountered during the within the enclosed area;
399
§ 155.320 33 CFR Ch. I (7–1–20 Edition)
(2) A fixed or portable container (2) A mechanical means of closing

under each loading manifold and each each drain and scupper within the coa-
transfer connection within the coaming; and
ming, that holds at least one-half bar- (3) A means of draining or removing
rel; discharged oil from the fixed or port-
(3) A mechanical means of closing able container and from within the
each drain and scupper within the coa- coaming without discharging the oil
ming; and into the water.
(4) A means of draining or removing
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
discharged oil or hazardous material
from the fixed or portable container 1990; CGD 90–068, 58 FR 67997, Dec. 22, 1993;
and from within the coamings without USCG–1998–3799, 63 FR 35531, June 30, 1998]
discharging the oil or hazardous mate-
rial into the water. § 155.320 Fuel oil and bulk lubricating
(c) All oil tankers and offshore oil oil discharge containment.
barges with a cargo capacity of 250 or (a) A ship of 300 gross tons or more
more barrels must have peripheral constructed after June 30, 1974 must
coamings, including port and starboard have a fixed container or enclosed deck
coamings and forward and aft area under or around each fuel oil or
athwartships coamings, completely en- bulk lubricating oil tank vent, over-
closing the cargo deck area, cargo flow, and fill pipe, that:
hatches, manifolds, transfer connec-
(1) For a ship of 300 or more but less
tions, and any other openings where
than 1600 gross tons has a capacity of
cargo may overflow or leak.
at least one-half barrel; and
(1) Coamings must be at least 4
inches high except in the aft corners. (2) For a ship of 1600 or more gross
(2) In the aft corners (port and star- tons has a capacity of one barrel.
board) of a vessel, the coamings must (b) A ship of 100 gross tons or more
be at least 8 inches high and extend— constructed before July 1, 1974, and a
(i) Forward at least 14 feet from each ship of 100 or more but less than 300
corner; and gross tons constructed after June 30,
(ii) Inboard at least 8 feet from each 1974 must:
corner. (1) Meet paragraph (a)(1) of this sec-
(3) Each area enclosed by the coa- tion; or
ming required under this paragraph (2) Equip each fuel oil or bulk lubri-
must have— cating oil tank vent, overflow, and fill
(i) A means of draining or removing pipe during oil transfer operations with
oil from the enclosed deck area with- a portable container of at least a 5 U.S.
out discharging oil into the water; and gallon capacity; or
(ii) A mechanical means of closing (3) If the ship has a fill fitting for
each drain and scupper in the enclosed which containment is impractical, use
deck-area. an automatic back pressure shut-off
(4) For a tankship, as defined in 46 nozzle.
CFR 30.10–67, the coaming or other bar- (c) This section does not apply to a
rier required in 46 CFR 32.56–15 may fixed or floating drilling rig or other
serve as the aft athwartships coaming platform.
if the tankship is otherwise in compli-
ance with the requirements of this sec- § 155.330 Oily mixture (bilge slops)/fuel
tion. oil tank ballast water discharges on
U.S. non-oceangoing ships.
(d) In addition to the requirements of
paragraphs (a) and (b) of this section, (a) No person may operate a U.S.
an offshore oil barge with a cargo ca- non-oceangoing ship in the navigable
pacity of 250 or more barrels must waters of the United States, unless it
have— has the capacity to retain on board all
(1) A fixed or portable container that oily mixtures and is equipped to dis-
holds at least one-half barrel under charge these oily mixtures to a recep-
each oil loading manifold and each oil tion facility.

transfer connection within the coa- (b) A U.S. non-oceangoing ship may
ming; retain all oily mixtures on board in the
400
ship’s bilges. An oil residue (sludge) (d) This section does not apply to a
tank is not required. fixed or floating drilling rig or other
(c) This section does not apply to a platform.
fixed or floating drilling rig or other [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
platform. amended by CGD 88–002, 54 FR 18407, Apr. 28,
1989; CGD 97–023, 62 FR 33364, June 19, 1997;
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as USCG–1998–3799, 63 FR 35531, June 30, 1998;
amended by USCG–2000–7641, 66 FR 55571, USCG–2000–7641, 66 FR 55571, Nov. 2, 2001;
Nov. 2, 2001] USCG–2004–18939, 74 FR 3377, Jan. 16, 2009; 74
FR 52418, Oct. 13, 2009]
§ 155.350 Oily mixture (bilge slops)/fuel
oil tank ballast water discharges on § 155.360 Oily mixture (bilge slops) dis-
oceangoing ships of less than 400 charges on oceangoing ships of 400
gross tons. gross tons and above but less than
10,000 gross tons, excluding ships
(a) No person may operate an ocean- that carry ballast water in their
going ship of less than 400 gross tons, fuel oil tanks.
unless it either:
(a)(1) Except as provided in para-
(1) Has the capacity to retain on graph (a)(3) of this section, no person
board all oily mixtures and is equipped may operate an oceangoing ship of 400
to discharge these oily mixtures to a gross tons and above but less than
reception facility; or 10,000 gross tons, excluding a ship that
(2) Has approved oily-water sepa- carries ballast water in its fuel oil
rating equipment for processing oily tanks, unless it is fitted with approved
mixtures from bilges or fuel oil tank 15 parts per million (ppm) oily-water
ballast and discharges into the sea ac- separating equipment for the proc-
cording to § 151.10 of this chapter. essing of oily mixtures from bilges or
(3) For equipment installed after 2004 fuel oil tank ballast.
to be approved under paragraph (a)(2) (2) For equipment installed after 2004
of this section, it must meet current to be approved under paragraph (a)(1)
standards in 46 CFR part 162, subpart of this section, it must meet current
162.050 by the date set forth in para- standards in 46 CFR part 162, subpart
graphs (a)(3)(i) and (a)(3)(ii) of this sec- 162.050 by the date set forth in para-
tion, unless the equipment is installed graphs (a)(2)(i) and (a)(2)(ii) of this sec-
on a ship constructed before 2005 and it tion, unless the equipment is installed
would be unreasonable or impracti- on a ship constructed before 2005 and it
cable to meet those current standards. would be unreasonable or impracti-
(i) A ship entering international serv- cable to meet those current standards.
ice for the first time since 2004, must (i) A ship entering international serv-
comply with the requirements of para- ice for the first time since 2004, must
graph (a)(3) of this section by the date comply with the requirements of para-
of its initial survey prior to receiving graph (a)(2) of this section by the date
its International Oil Pollution Preven- of its initial survey prior to receiving
tion (IOPP) certificate. its International Oil Pollution Preven-
tion (IOPP) certificate.
(ii) Any ship, other than a ship de-
scribed in paragraph (a)(3)(i) of this
section, must comply with the require- section, must comply with the require-
ments of paragraph (a)(3) of this sec- ments of paragraph (a)(2) of this sec-
tion by the date of the ship’s first dry- tion by the date of the ship’s first dry-
dock after October 13, 2009. dock after October 13, 2009.
(b) An oceangoing ship of less than (3) Any ship certified under the Inter-
400 gross tons may retain all oily mix- national Code of Safety for High-Speed
tures on board in the ship’s bilges. An Craft engaged on a scheduled service
oil residue (sludge) tank is not re- with a turn-around time not exceeding
quired. 24 hours and covering also non-pas-
(c) This section does not apply to a senger/cargo-carrying relocation voy-
barge that is not equipped with an in- ages for these ships need not be pro-
stalled bilge pumping system for dis- vided with oil filtering equipment.
charge into the sea. These ships must be fitted with an oily
401
§ 155.370 33 CFR Ch. I (7–1–20 Edition)
bilge water holding tank having a vol- platform, except as specified in

ume adequate for the total retention § 155.400(a)(2).
onboard of the oily bilge water. All oily [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
bilge water must be retained onboard amended by USCG–1998–3799, 63 FR 35531,
for subsequent discharge to reception June 30, 1998; USCG–2000–7641, 66 FR 55571,
facilities. Nov. 2, 2001; USCG–2004–18939, 74 FR 3377,
(b) No person may operate a ship Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009; USCG–
2010–0194, 80 FR 5934, Feb. 4, 2015]
under this section unless it is fitted
with an oil residue (sludge) tank or § 155.370 Oily mixture (bilge slops)/fuel
tanks of adequate capacity to receive oil tank ballast water discharges on
the oil residue that cannot be dealt oceangoing ships of 10,000 gross
with otherwise. tons and above and oceangoing
(1) In new ships such tanks shall be ships of 400 gross tons and above
designed and constructed to facilitate that carry ballast water in their
fuel oil tanks.
cleaning and the discharge of the oily
residues to reception facilities. Exist- (a) Except as provided in paragraph
ing ships shall comply with this re- (a)(5) of this section, no person may op-
quirement as far as reasonable and erate an oceangoing ship of 10,000 gross
practicable. tons and above, or any oceangoing ship
of 400 gross tons and above, that carries
(2) Tanks used for oily mixtures on
ballast water in its fuel oil tanks, un-
ships certificated under 46 CFR Chap-
less it has—
ter I shall meet the requirements of 46
(1) Approved 15 ppm oily-water sepa-
CFR 56.50–50(h) for isolation between
rating equipment for the processing of
oil and bilge systems. oily mixtures from bilges or fuel oil
(3) Ships subject to this section tank ballast;
must— (2) A bilge alarm; and
(i) Be provided with a designated (3) A means for automatically stop-
pump for disposal that is capable of ping any discharge of oily mixture
taking suction from the oil residue when the oil content in the effluent ex-
(sludge) tank(s); and ceeds 15 ppm.
(ii) Have no discharge connections to (4) For equipment installed after 2004
the bilge system, oily bilge water hold- to be approved under paragraph (a) of
ing tank(s), tank top or oily water sep- this section, it must meet current
arators except that the tank(s) may be standards in 46 CFR part 162, subpart
fitted with drains, with manually oper- 162.050 by the date set forth in para-
ated self-closing valves and arrange- graphs (a)(4)(i) and (a)(4)(ii) of this sec-
ments for subsequent visual moni- tion, unless the equipment is installed
toring of the settled water, that lead to on a ship constructed before 2005 and it
an oily bilge water holding tank or would be unreasonable or impracti-
bilge well, or an alternative arrange- cable to meet those current standards.
ment, provided such arrangement does (i) A ship entering international serv-
not connect directly to the bilge piping ice for the first time since 2004, must
system. comply with the requirements of para-
(c) No person may operate a ship un- graph (a)(4) of this section by the date
less it is equipped with a pipeline to of its initial survey prior to receiving
discharge oily mixtures to a reception its International Oil Pollution Preven-
tion (IOPP) certificate.
facility.
(d) This section does not apply to a
barge that is not equipped with an in-
section, must comply with the require-
stalled bilge pumping system for dis- ments of paragraph (4) of this section
charge into the sea. by the date of the ship’s first drydock
(e) This section does not apply to a after October 13, 2009.
fixed or floating drilling rig or other (5) Any ship certified under the Inter-
national Code of Safety for High-Speed

Craft engaged on a scheduled service
with a turn-around time not exceeding
402
24 hours and covering also non-pas- platform, except as specified in

senger/cargo-carrying relocation voy- § 155.400(a)(2).
ages for these ships need not be pro- (Approved by the Office of Management and
vided with oil filtering equipment. Budget under control number 1625–0009)
These ships must be fitted with an oily
bilge water holding tank having a vol- [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
ume adequate for the total retention June 30, 1998; USCG–2000–7641, 66 FR 55571,
onboard of the oily bilge water. All oily Nov. 2, 2001; USCG–2006–25150, 71 FR 39210,
bilge water must be retained onboard July 12, 2006; USCG–2004–18939, 74 FR 3377,
for subsequent discharge to reception Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009; USCG–
facilities. 2010–0194, 80 FR 5934, Feb. 4, 2015]
(b) No person may operate a ship
under this section unless it is fitted § 155.380 Oily water separating equip-
ment and bilge alarm approval
with an oil residue (sludge) tank or standards.
tanks of adequate capacity to receive
the oil residue that cannot be dealt (a) On U.S. inspected ships, oily
with otherwise. water separating equipment and bilge
(1) In new ships such tanks shall be alarms must be approved under 46 CFR
designed and constructed to facilitate 162.050.
cleaning and the discharge of the oil (b) On U.S. uninspected ships and for-
residue to reception facilities. Existing eign ships, oily water separating equip-
ships shall comply with this requirement and bilge alarms must be ap-
ment as far as reasonable and prac- proved under either 46 CFR 162.050 or
ticable. MARPOL 73/78 Annex I.
(2) Tanks used for oily mixtures on NOTE TO § 155.380(b): A copy of Annex I to
ships certificated under 46 CFR Chap- the International Convention for the Preven-
ter I shall meet the requirements of 46 tion of Pollution from Ships, 1973 as modified
by the Protocol of 1978 relating thereto, as
CFR 56.50–50(h) for isolation between
amended (MARPOL 73/78) may be purchased
oil and bilge systems. from the International Maritime Organiza-
(3) Ships subject to this section tion, Publications Section, 4 Albert Embank-
must— ment, London SE1 75R, United Kingdom,
(i) Be provided with a designated Telex 23588; see also http://www.imo.org.
pump for disposal that is capable of (c) A ship that is required to have a
taking suction from the oil residue bilge alarm may defer installment and
(sludge) tank(s); and use a previously installed bilge mon-
(ii) Have no discharge connections to itor provided the bilge monitor met
the bilge system, oily bilge water hold- Coast Guard approval requirements at
ing tank(s), tank top or oily water sep- the time of its installation and it does
arators except that the tank(s) may be not allow more than a 15 ppm oil con-
fitted with drains, with manually oper- tent in water discharge.
ated self-closing valves and arrange- (d) The accuracy of the bilge alarms
ments for subsequent visual moni- must be checked at IOPP Certificate
toring of the settled water, that lead to renewal surveys according to the man-
an oily bilge water holding tank or ufacturer’s instructions. Alternatively,
bilge well, or an alternative arrange- the unit may be replaced by a cali-
ment, provided such arrangement does brated bilge alarm. The calibration
not connect directly to the bilge piping certificate for the bilge alarm, which
system. certifies the date of the last calibra-
(c) No person may operate a ship tion check, should be retained onboard
under this section unless it is equipped for inspection purposes. The accuracy
with a pipeline to discharge oily mix- checks can only be done by the manu-
tures to a reception facility. facturer or persons authorized by the
(d) This section does not apply to a manufacturer.
barge that is not equipped with an in- (e) Ship staff training must include
stalled bilge pumping system for dis- familiarization in the operation and
charge into the sea. maintenance of the equipment.

(e) This section does not apply to a (f) The routine maintenance of the
fixed or floating drilling rig or other oily water separating equipment and
403
§ 155.400 33 CFR Ch. I (7–1–20 Edition)
the bilge alarm must be clearly defined § 155.410 Pumping, piping and dis-
by the manufacturer in the associated charge requirements for non-ocean-
operating and maintenance manuals. going ships of 100 gross tons and
All routine and repair maintenance above.
must be recorded. (a) No person may operate a non-
[USCG–2004–18939, 74 FR 3377, Jan. 16, 2009]
oceangoing ship of 100 gross tons and
above that is fitted with main or auxil-
§ 155.400 Platform machinery space iary machinery spaces in the navigable
drainage on oceangoing fixed and waters of the United States unless:
floating drilling rigs and other plat- (1) The ship has at least one pump in-
forms. stalled to discharge oily mixtures
(a) No person may operate an ocean- through a fixed piping system to a re-
going fixed or floating drilling rig or ception facility;
other platform unless it either— (2) The piping system required by
this section has at least one outlet
(1) Complies with the oily-water sep-
that is accessible from the weather
arating equipment requirements of a
deck;
valid National Pollutant Discharge
(3) Each outlet required by this sec-
Elimination System (NPDES) permit
tion has a shore connection that is
issued in accordance with section 402 of
compatible with reception facilities in
the Clean Water Act and 40 CFR Chap-
the ship’s area of operation; and
ter I;
(4) The ship has a stop valve for each
(2) Complies with the oily-water sep-
outlet required by this section.
arating equipment requirements for
(b) Paragraph (a) of this section does
oceangoing ships of 400 gross tons and
not apply to a ship that has approved
above as set forth in either § 155.360 or
oily-water separating equipment for
§ 155.370; or
the processing of oily mixtures from
(3) Is not equipped with an installed bilges or fuel oil tank ballast.
bilge pumping system for discharge of (c) This section does not apply to a
oily mixtures from platform machinery fixed or floating drilling rig or other
spaces into the sea and has the capac- platform.
ity to retain on board all of these oily
mixtures and is equipped to discharge [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
these mixtures for transport to a recep- amended by USCG–2000–7641, 66 FR 55572,
tion facility. Nov. 2, 2001]
(b) When an oceangoing fixed or § 155.420 Pumping, piping and dis-
floating drilling rig or other platform charge requirements for ocean-
is in a special area, is not proceeding going ships of 100 gross tons and
en route, or is within 12 nautical miles above but less than 400 gross tons.
of the nearest land; it must either— (a) No person may operate an ocean-
(1) Have the capacity to retain on going ship of 100 gross tons and above
board all machinery space oily mix- but less than 400 gross tons that is
tures from platform machinery space fitted with main or auxiliary machin-
drainage and be equipped to discharge ery spaces unless:
these mixtures for transport to a recep- (1) The ship has at least one pump in-
tion facility; or stalled to discharge oily mixtures
(2) Discharge in accordance with through a fixed piping system to a re-
§ 151.10 (b)(3), (b)(4), and (b)(5) of this ception facility;
chapter, provided the drilling rig or (2) The piping system required by
platform is not within a special area. this section has at least one outlet ac-
(c) Paragraph (b) of this section does cessible from the weather deck;
not apply to a fixed or floating drilling (3) For a ship on an international
rig or other platform that is operating voyage, the outlet required by this sec-
under an NPDES permit. tion has a shore connection that meets
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as the specifications in § 155.430, or the
amended by CGD 88–002, 54 FR 18407, Apr. 28, ship has at least one adapter that
1989; CGD 94–056, 60 FR 43378, Aug. 21, 1995; meets the specifications in § 155.430 and
USCG–1998–3799, 63 FR 35531, June 30, 1998] fits the required outlets;
404
(4) For a ship not on an international diameter of 125 mm and shall be of

voyage, the outlet required by this sec- steel or other equivalent material hav-
tion has a shore connection that is ing a flat face. This flange, together
compatible with reception facilities in with a gasket of oilproof material,
the ship’s area of operation; must be suitable for a service pressure
(5) The ship has a means on the of 6 kilograms/square centimeters (kg/
weather deck near the discharge outlet cm2).
to stop each pump that is used to dis- [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
charge oily mixtures; and amended by USCG–2000–7641, 66 FR 55572,
(6) The ship has a stop valve installed Nov. 2, 2001]
for each outlet required by this sec-
tion. § 155.440 Segregation of fuel oil and
(b) Paragraph (a) of this section does ballast water on new oceangoing
not apply to a ship that has approved ships of 4,000 gross tons and above,
other than oil tankers, and on new
oily-water separating equipment for oceangoing oil tankers of 150 gross
the processing of oily mixtures from tons and above.
bilges or fuel oil tank ballast.
(c) This section does not apply to a (a) Except as provided for in para-
fixed or floating drilling rig or other graph (b) of this section, in new ocean-
platform. going ships of 4,000 gross tons and
above other than oil tankers, and in
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as new oceangoing oil tankers of 150 gross
amended by USCG–2000–7641, 66 FR 55572, tons and above, ballast water must not
Nov. 2, 2001]
be carried in any fuel oil tank.
§ 155.430 Standard discharge connec- (b) Where abnormal conditions or the
tions for oceangoing ships of 400 need to carry large quantities of fuel
gross tons and above. oil render it necessary to carry ballast
water that is not a clean ballast in any
(a) All oceangoing ships of 400 gross
fuel oil tank, that ballast water must
tons and above must have a standard
be discharged to reception facilities or
shore connection for reception facili-
into the sea in compliance with part
ties to discharge oily mixtures from
151 of this chapter using the equipment
machinery space bilges or ballast water
specified in § 155.370, and an entry shall
containing an oily mixture from fuel
be made in the Oil Record Book to this
oil tanks. The discharge connection
effect.
must have the following dimensions:
(1) Outside diameter = 215 millime- (Approved by the Office of Management and
ters (mm). Budget under control number 1625–0009)
(2) Inner diameter = according to pipe [CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
outside diameter. amended by USCG–2006–25150, 71 FR 39210,
(3) Bolt circle diameter = 183 mm. July 12, 2006]
(4) Slots in flange = 6 holes 22 mm in
diameter equidistantly placed on a bolt § 155.450 Placard.
circle of the above diameter, slotted to (a) A ship, except a ship of less than
the flange periphery. The slot width to 26 feet in length, must have a placard
be 22 mm. of at least 5 by 8 inches, made of dura-
(5) Flange thickness = 20 mm. ble material fixed in a conspicuous
(6) Bolts and nuts, quantity and num- place in each machinery space, or at
ber = 6 each of 20 mm in diameter and the bilge and ballast pump control sta-
of suitable length. tion, stating the following:
(b) A portable adapter that meets the
DISCHARGE OF OIL PROHIBITED
specifications of paragraph (a) of this
section and that fits the discharge The Federal Water Pollution Control Act
shore connection, for the discharge of prohibits the discharge of oil or oily waste
oily wastes from machinery space into or upon the navigable waters of the
United States, or the waters of the contig-
bilges may be substituted for the
uous zone, or which may affect natural re-
standard discharge connection require-
sources belonging to, appertaining to, or

ment of paragraph (a) of this section. under the exclusive management authority
(c) The flange must be designed to ac- of the United States, if such discharge causes
cept pipes up to a maximum internal a film or discoloration of the surface of the
405
§ 155.470 33 CFR Ch. I (7–1–20 Edition)
water or causes a sludge or emulsion beneath (1) On a tankship, each cargo tank
the surface of the water. Violators are sub- must be equipped with an overfill de-
ject to substantial civil penalties and/or
vice (including an independent audible
criminal sanctions including fines and im-
prisonment. alarm or visible indicator for that
tank) that meets the requirements for
(b) Existing stocks of placards may tank overfill alarms under 46 CFR
be used for the life of the placard. 39.20–7(b)(2) and (3), and (d)(1) through
(c) The placard required by paragraph (d)(4).
(a) or (b) of this section must be print- (2) On a tank barge, each cargo tank
ed in the language or languages under- must be equipped with an overfill de-
stood by the crew. vice that—
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as (i) Meets the requirements of 46 CFR
amended by CGD 93–054, 58 FR 62262, Nov. 26, 39.2007(b)(2) through (b)(4), (d)(1)
1993] through (d)(4), and 46 CFR 39.2009(a)(1) ;
(ii) Is an installed automatic shut-
§ 155.470 Prohibited spaces.
down system that meets the require-
(a) In a ship of 400 gross tons and ments of 46 CFR 39.2009(a)(2); or
above, for which the building contract (iii) Is an installed high-level indi-
is placed after January 1, 1982 or, in the cating device that meets the require-
absence of a building contract, the keel ments of 46 CFR 39.2003(b)(1), (2), and
of which is laid or which is at a similar (3).
stage of construction after July 1, 1982, (c) Each cargo tank of a U.S. flag
oil or hazardous material must not be tank vessel must have installed on it
carried in a forepeak tank or a tank an overfill device meeting the require-
forward of the collision bulkhead.
ments of this section at the next sched-
(b) A self-propelled ship of 300 gross uled cargo tank internal examination
tons and above, to which paragraph (a)
performed on the vessel under 46 CFR
of this section does not apply, may not
31.10–21.
carry bulk oil or hazardous material in
any space forward of a collision bulk- (d) Each cargo tank of a foreign flag
head except: tank vessel must have installed on it
(1) For a ship constructed after June an overfill device—
30, 1974, fuel oil for use on the ship may (1) At the first survey that includes
be carried in tanks forward of a colli- dry docking, as required by the vessel’s
sion bulkhead, if such tanks are at flag administration, to meet the Inter-
least 24 inches inboard of the hull national Convention for the Safety of
structure; or Life at Sea (SOLAS), 1974, as amended,
(2) For a ship constructed before July or the International Load Line Conven-
1, 1974, fuel oil for use on the ship may tion of 1966; or
be carried in tanks forward of a colli- (2) At the first cargo tank internal
sion bulkhead, if such tanks were des- examination performed on the tank
ignated, installed, or constructed for vessel under 46 CFR 31.10–21.
fuel oil carriage before July 1, 1974. (e) This section does not apply to a
tank vessel that does not meet the dou-
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 86–034, 55 FR 36254, Sept. 4, ble hull requirements of § 157.10d of this
1990] chapter and, under 46 U.S.C. 3703a(c),
may not operate in the navigable
§ 155.480 Overfill devices. waters or Exclusive Economic Zone of
(a) For the purposes of this section, the United States after January 1, 2000.
‘‘oil’’ has the same definition as pro- (f) This section does not apply to
vided in § 151.05 of this chapter. tank vessels that carry asphalt, animal
(b) Each tank vessel with a cargo ca- fat, or vegetable oil as their only
pacity of 1,000 or more cubic meters cargo.
(approximately 6,290 barrels), loading [CGD 90–071a, 59 FR 53290, Oct. 21, 1994, as
oil or oil residue as cargo, must have amended by CGD 90–071a, 62 FR 48773, Sept.
one overfill device that is permanently 17, 1997; USCG–2015–0433, 80 FR 44282, July 27,
installed on each cargo tank and meets 2015; USCG–2016–0498, 82 FR 35082, July 28,
the requirements of this section. 2017]
406
§ 155.490 [Reserved] voyages beyond the Boundary Line;

and
Subpart C—Transfer Personnel, (3) Except as provided in paragraph
(g) of this section and 46 CFR 13.113 (a)
Procedures, Equipment, and or (c), holds a Tankerman-PIC endorse-
Records ment issued under 46 CFR part 13 that
authorizes the holder to supervise the
§ 155.700 Designation of person in
charge. transfer of fuel oil, the transfer of liq-
uid cargo in bulk, or cargo-tank clean-
Each operator or agent of a vessel ing, as appropriate to the product.
with a capacity of 250 or more barrels (b) On each tank barge required to be
of fuel oil, cargo oil, hazardous mate- inspected under 46 U.S.C. 3703, the op-
rial, or liquefied gas as regulated in erator or agent of the vessel, or the
Table 4 of 46 CFR part 154, or each per- person who arranges and hires a person
son who arranges for and hires a person to be in charge of a transfer of fuel oil,
to be in charge of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or
of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall verify to
of cargo-tank cleaning, shall designate, his or her satisfaction that each PIC—
either by name or by position in the (1) Has sufficient training and experi-
crew, the person in charge (PIC) of ence with the relevant characteristics
each transfer to or from the vessel and of the vessel on which he or she is en-
of each tank-cleaning. gaged—including the cargo for trans-
fer, the cargo-containment system, the
[CGD 79–116, 62 FR 25126, May 8, 1997]
cargo system (including transfer proce-
§ 155.710 Qualifications of person in dures, and shipboard-emergency equip-
charge. ment and procedures), the control and
monitoring systems, the procedures for
(a) On each tankship required to be reporting pollution incidents, and, if
documented under the laws of the installed, the COW, inert-gas, and
United States, the operator or agent of vapor-control systems—to safely con-
the vessel, or the person who arranges duct either a transfer of liquid cargo in
and hires a person to be in charge ei- bulk or cargo-tank cleaning; and
ther of a transfer of liquid cargo in (2) Except as provided in paragraph
bulk or of cargo-tank cleaning, shall (g) of this section and 46 CFR part
verify to his or her satisfaction that 13.113 (a) or (c), holds a Tankerman-PIC
each person designated as a PIC— or Tankerman-PIC (Barge) endorse-
(1) Has sufficient training and experiment issued under 46 CFR part 13 that
ence with the relevant characteristics authorizes the holder to supervise the
of the vessel on which he or she is en- transfer of fuel oil, the transfer of liq-
gaged—including the cargo for trans- uid cargo in bulk, or cargo-tank clean-
fer, the cargo-containment system, the ing, as appropriate to the product and
cargo system (including transfer proce- vessel.
dures, and shipboard-emergency equip- (c) On each foreign tankship, the op-
ment and procedures), the control and erator or agent of the vessel shall
monitoring systems, the procedures for verify to his or her satisfaction that
reporting pollution incidents, and, if each PIC either of a transfer of liquid
installed, the Crude-Oil Washing cargo in bulk or of cargo-tank clean-
(COW), inert-gas, and vapor-control ing—
systems—to safely conduct a transfer (1) Has sufficient training and experi-
of fuel oil, a transfer of liquid cargo in ence with the relevant characteristics
bulk, or cargo-tank cleaning; of the vessel on which he or she is en-
(2) Except as provided in paragraph gaged, including the cargo for transfer,
(g) of this section, holds a license or of- the cargo-containment system, the
ficer endorsement issued under 46 CFR cargo system (including transfer proce-
part 10 authorizing service aboard a dures, and shipboard-emergency equip-
vessel certified for voyages beyond any ment and procedures), the control and
Boundary Line described in 46 CFR monitoring systems, the procedures for

part 7, except on tankships or self-pro- reporting pollution incidents, and, if
pelled tank vessels not certified for installed, the systems for crude-oil
407
§ 155.710 33 CFR Ch. I (7–1–20 Edition)
washing, inert gas, and vapor control, cargo system (including transfer proce-
to safely conduct either a transfer of dures, and shipboard-emergency equip-
liquid cargo in bulk or cargo-tank ment and procedures), the control and
cleaning; monitoring systems, the procedures for
(2) Except as provided in paragraph reporting pollution incidents, and, if
(g) of this section, holds a license or installed, the COW, inert-gas, and
other document issued by the flag state vapor-control systems—to safely con-
or its authorized agent authorizing duct a transfer of fuel oil, a transfer of
service as master, mate, pilot, engi- liquid cargo in bulk, or cargo-tank
neer, or operator on that vessel; cleaning;
(3) Except as provided in paragraph (2) Except as provided in paragraph
(g) of this section, holds a Dangerous- (g) of this section, holds a Dangerous-
Cargo Endorsement or Certificate Cargo Endorsement or Certificate
issued by a flag state party to the issued by a flag state party to STCW,
International Convention on Standards or other form of evidence acceptable to
of Training, Certification and the Coast Guard, attesting the PIC’s
Watchkeeping for Seafarers, 1978 meeting the requirements of Chapter V
(STCW), or other form of evidence ac- of STCW as a PIC of the transfer of fuel
ceptable to the Coast Guard, attesting oil, of the transfer of liquid cargo in
the PIC’s meeting the requirements of bulk, or of cargo-tank cleaning;
Chapter V of STCW as a PIC of the (3) Is capable of reading, speaking,
transfer of fuel oil, of the transfer of and understanding in English, or a lan-
liquid cargo in bulk, or of cargo-tank guage mutually-agreed-upon with the
cleaning; shoreside PIC of the transfer, all in-
(4) Is capable of reading, speaking, structions needed to commence, con-
and understanding in English, or a lan- duct, and complete a transfer of fuel
guage mutually-agreed-upon with the oil, a transfer of liquid cargo in bulk,
shoreside PIC of the transfer, all in- or cargo-tank cleaning, except that the
structions needed to commence, con- use of an interpreter meets this re-
duct, and complete a transfer of fuel quirement if the interpreter—
oil, a transfer of liquid cargo in bulk,
(i) Fluently speaks the language spo-
or cargo-tank cleaning, except that the
ken by each PIC;
use of an interpreter meets this re-
(ii) Is immediately available to the
quirement if the interpreter—
PIC on the tankship at all times during
(i) Fluently speaks the language spo-
the transfer or cargo-tank cleaning;
ken by each PIC;
and
(ii) Is immediately available to the
PIC on the tankship at all times during (iii) Is knowledgeable about, and con-
the transfer or cargo-tank cleaning; versant with terminology of, ships,
and transfers, and cargo-tank cleaning; and
(iii) Is knowledgeable about, and con- (4) Is capable of effectively commu-
versant with terminology of, ships, nicating with all crewmembers in-
transfers, and cargo-tank cleaning; and volved in the transfer or cargo-tank
(5) Is capable of effectively commu- cleaning, with or without an inter-
nicating with all crewmembers in- preter.
volved in the transfer or cargo-tank (e) The operator or agent of each ves-
cleaning, with or without an inter- sel to which this section applies must
preter. verify to his or her satisfaction that
(d) On each foreign tank barge, the the PIC of any transfer of fuel oil re-
operator or agent of the vessel shall quiring a Declaration of Inspection—
verify to his or her satisfaction that (1) On each inspected vessel required
each PIC either of the transfer of liquid by 46 CFR chapter I to have an officer
cargo in bulk or of cargo-tank clean- aboard, and on each uninspected vessel,
ing— either:
(1) Has sufficient training and experi- (i) Holds a valid merchant mariner
ence with the relevant characteristics credential issued under 46 CFR chapter
of the vessel on which he or she is en- I, subchapter B, with an endorsement

gaged—including the cargo for trans- as master, mate, pilot, engineer, or op-
fer, the cargo-containment system, the erator aboard that vessel, or holds a
408
valid merchant mariner credential en- § 155.715 Contents of letter of designa-

dorsed as Tankerman-PIC; or tion as a person-in-charge of the
(ii) Carries a letter satisfying the re- transfer of fuel oil.
quirements of § 155.715 and designating The letter referenced in § 155.710(e)(1)
him or her as a PIC, unless equivalent must designate the holder as a person-
evidence is immediately available in-charge of the transfer of fuel oil and
aboard the vessel or at his or her place state that the holder has received suffi-
of employment. cient formal instruction from the oper-
(2) On each tank barge, for its own ator or agent of the vessel to ensure his
engine-driven pumps, either complies or her ability to safely and adequately
with paragraph (e)(1) of this section or carry out the duties and responsibil-
has been instructed by the operator or ities of the PIC described in 33 CFR
agent of the vessel both in his or her 156.120 and 156.150.
duties and in the Federal statutes and [CGD 79–116, 63 FR 35826, July 1, 1998, as
regulations on water pollution that amended by USCG–2018–0493, 85 FR 31690,
apply to the vessel; or May 27, 2020]
(3) On each foreign vessel, holds a li- § 155.720 Transfer procedures.
cense or certificate issued by a flag
state party to STCW, or other form of The operator of a vessel with a capac-
evidence acceptable to the Coast ity of 250 or more barrels of oil, haz-
ardous material, or liquefied gas as
Guard, attesting the qualifications of
regulated in Table 4 of 46 CFR part 154
the PIC to act as master, mate, pilot,
shall provide transfer procedures that
operator, engineer, or tankerman meet the requirements of this part and
aboard that vessel. part 156 of this chapter for transfer-
(f) Except as provided in paragraph ring—
(g) of this section, the operator or (a) To or from the vessel; and
agent of each self-propelled tank vessel (b) From tank to tank within the
carrying oil or hazardous material in vessel.
bulk shall verify to his or her satisfac-
[CGD 86–034, 55 FR 36254, Sept. 4, 1990, as
tion that the PIC of the transfer of oil amended by CGD 79–116, 62 FR 25127, May 8,
or hazardous material in bulk to or 1997]
from a vessel, or of cargo-tank clean-
ing, holds a Tankerman-PIC endorse- § 155.730 Compliance with transfer
ment on his or her MMD or merchant procedures.
mariner credential and either a license, The vessel operator of each vessel re-
officer endorsement, or a Certificate quired by § 155.720 to have transfer pro-
issued by a flag state party to STCW cedures shall maintain them current
authorizing service as a master, mate, and shall require vessel personnel to
pilot, engineer, or operator aboard that use the transfer procedures for each
vessel. transfer operation.
(g) The PIC of a cargo-tank cleaning [CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
on a vessel at a tank-cleaning facility amended by CGD 86–034, 55 FR 36254, Sept. 4,
or shipyard need not hold any of the 1990]
merchant mariner credentials, li-
censes, documents, certificates, or en- § 155.740 Availability of transfer proce-
dures.
dorsements required in paragraphs (a)
through (f) of this section, if he or she The transfer procedures required by
is a National Fire Protection Associa- § 155.720 must be:
tion Certificated Marine Chemist. (a) Available for inspection by the
COTP or OCMI whenever the vessel is
[CGD 79–116, 60 FR 17141, Apr. 4, 1995, as in operation;
amended by CGD 79–116, 61 FR 25126, May 8, (b) Legibly printed in a language or
1997; CGD 79–116, 63 FR 35826, July 1, 1998; languages understood by personnel en-
USCG–2006–24371, 74 FR 11212, Mar. 16, 2009; gaged in transfer operations; and
USCG–2018–0493, 85 FR 31690, May 27, 2020] (c) Permanently posted or available

at a place where the procedures can be
easily seen and used by members of the
409
§ 155.750 33 CFR Ch. I (7–1–20 Edition)
crew when engaged in transfer oper- (11) Statements explaining that each
ations. hazardous materials transfer hose is
marked with either the name of each
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36254, Sept. 4, product which may be transferred
1990] through the hose or with letters, num-
bers or other symbols representing all
§ 155.750 Contents of transfer proce- such products and the location in the
dures. transfer procedures where a chart or
(a) The transfer procedures required list of the symbols used and a list of
by § 155.720 must contain, either in the the compatible products which may be
order listed or by use of a cross-ref- transferred through the hose can be
erence index page: found for consultation before each
(1) A list of each product transferred transfer.
to or from the vessel, including the fol- (b) Exemptions or alternatives grant-
lowing information: ed must be placed in the front of the
(i) Generic or chemical name; transfer procedures.
(c) The vessel operator shall incor-
(ii) Cargo information as described in
porate each amendment to the transfer
§ 154.310(a)(5)(ii) of this chapter; and
procedures under § 155.760 in the proce-
(iii) Applicability of transfer proce-
dures with the related existing require-
dures;
ment, or at the end of the procedures if
(2) A description of each transfer sys- not related to an existing requirement.
tem on the vessel including: (d) If a vessel is fitted with a vapor
(i) A line diagram of the vessel’s control system, the transfer procedures
transfer piping, including the location must contain a description of the vapor
of each valve, pump, control device, collection system on the vessel which
vent, and overflow; includes:
(ii) The location of the shutoff valve (1) A line diagram of the vessel’s
or other isolation device that separates vapor collection system piping, includ-
any bilge or ballast system from the ing the location of each valve, control
transfer system; and device, pressure-vacuum relief valve,
(iii) A description of and procedures pressure indicator, flame arresters, and
for emptying the discharge contain- detonation arresters, if fitted;
ment system required by §§ 155.310 and (2) The location of spill valves and
155.320; rupture disks, if fitted;
(3) The number of persons required to (3) The maximum allowable transfer
be on duty during transfer operations; rate determined in accordance with 46
(4) The duties by title of each officer, CFR 39.3001(d)(1) through (3);
person in charge, tankerman, deck- (4) The initial transfer rate for each
hand, and any other person required for tank that complies with 46 CFR
each transfer operation; 39.3001(g);
(5) Procedures and duty assignments (5) A table or graph of transfer rates
for tending the vessel’s moorings dur- and corresponding vapor collection sys-
ing the transfer of oil or hazardous ma- tem pressure drops calculated in ac-
terial; cordance with 46 CFR 39.3001(c);
(6) Procedures for operating the (6) The relief settings of each spill
emergency shutdown and communica- valve, rupture disk, and pressure-vacu-
tions means required by §§ 155.780 and um relief valve; and
155.785, respectively; (7) A description of and procedures
(7) Procedures for topping off tanks; for operating the vapor collection sys-
(8) Procedures for ensuring that all tem, including the:
valves used during the transfer oper- (i) Pre-transfer equipment inspection
ations are closed upon completion of requirements;
transfer; (ii) Vapor line connection;
(9) Procedures for reporting dis- (iii) Closed gauging system;
charges of oil or hazardous material (iv) High level alarm system, if
into the water; and fitted; and

(10) Procedures for closing and open- (v) Independent automatic shutdown
ing the vessel openings in § 155.815. system, if fitted.
410
(e) If a cargo tank of a tank vessel is (c) If the COTP or OCMI finds that
fitted with an overfill device, the there is a condition requiring imme-
transfer procedures must contain a de- diate action to prevent the discharge
scription of the overfill device, includ- or risk of discharge that makes the
ing: procedure in paragraph (b) of this sec-
(1) The tank overfill device system tion impractical or contrary to the
and specific procedures for the person public interest, he or she may issue an
in charge to— amendment effective on the date the
(i) Monitor the level of cargo in the vessel operator receives notice of it. In
tank; and such a case, the COTP or OCMI in-
cludes a brief statement of the reasons
(ii) Shut down transfer operations in
for the findings in the notice, and the
time to ensure that the cargo level in
vessel operator may petition the Com-
each tank does not exceed the max-
mandant, in any manner, to review the
imum amount permitted by § 155.775(b).
amendment. The petition does not
(2) Pre-transfer overfill device equip- postpone the amendment.
ment inspection and test requirements.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
(Approved by the Office of Management and amended by CGD 86–034, 55 FR 36255, Sept. 4,
Budget under control number 1625–0030) 1990]
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
§ 155.770 Draining into bilges.
1990; CGD 86–034, 55 FR 36254, Sept. 4, 1990; No person may intentionally drain
CGD 92–027, 58 FR 39662, July 26, 1993; CGD oil or hazardous material from any
90–071a, 59 FR 53291, Oct. 21, 1994; USCG–2006– source into the bilge of a vessel.
25150, 71 FR 39210, July 12, 2006; USCG–1999–
5150, 78 FR 42641, July 16, 2013] [CGD 86–034, 55 FR 36255, Sept. 4, 1990]
§ 155.760 Amendment of transfer pro- § 155.775 Maximum cargo level of oil.

cedures. (a) For the purposes of this section,
(a) The COTP or OCMI may require ‘‘oil’’ has the same meaning as pro-
the vessel operator of any vessel that is vided in § 151.05 of this chapter.
required to have transfer procedures (b) A cargo tank on a tank vessel
under § 155.720 to amend those proce- may not be filled with oil higher than—
dures if the COTP or OCMI finds that (1) 98.5 percent of the cargo tank vol-
the transfer procedures do not meet ume; or
the requirements of this part. (2) The level at which the overfill
alarm required by § 155.480 is set.
(b) The COTP or OCMI shall notify
the vessel operator in writing of any [CGD 90–071a, 59 FR 53291, Oct. 21, 1994]
inadequacies in the oil transfer proce-
dures. The vessel operator may submit § 155.780 Emergency shutdown.
written information, views, and argu- (a) A tank vessel with a capacity of
ments on and proposals for amending 250 or more barrels that is carrying oil
the procedures within 14 days from the or hazardous material as cargo must
date of the COTP or OCMI notice. After have on board an emergency means to
considering all relevant material pre- enable the person in charge of a trans-
sented, the COTP or OCMI shall notify fer operation to a facility, to another
the vessel operator of any amendment vessel, or within the vessel to stop the
required or adopted, or the COTP or flow of oil or hazardous material.
OCMI may rescind the notice. The (b) The means to stop the flow may
amendment becomes effective 30 days be a pump control, a quick-acting,
after the vessel operator receives the power actuated valve, or an operating
notice, unless the vessel operator peti- procedure. If an emergency pump con-
tions the Commandant to review the trol is used, it must stop the flow of oil
COTP or OCMI notice, in which case its or hazardous material if the oil or haz-
effective date is delayed pending a de- ardous material could siphon through
cision by the Commandant. Petitions the stopped pump.
to the Commandant must be submitted (c) The means to stop the flow must
in writing via the COTP or OCMI who be operable from the cargo deck, cargo
issued the requirement to amend. control room, or the usual operating
411
§ 155.785 33 CFR Ch. I (7–1–20 Edition)
station of the person in charge of the zontal plane 3 feet above the deck the
transfer operation. illumination must measure at least:
(1) 5.0 foot candles at transfer con-
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]
nection points; and
§ 155.785 Communications. (2) 1.0 foot candle in transfer oper-
ations work areas.
(a) During vessel to vessel transfers, (c) Lighting must be located or
each tank vessel with a capacity of 250 shielded so as not to mislead or other-
or more barrels of cargo that is car- wise interfere with navigation on the
rying oil or hazardous material must adjacent waterways.
have a means that enables continuous
two-way voice communication between [CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
the persons in charge of the transfer
1990]
operations on both vessels.
(b) Each vessel must have a means, § 155.800 Transfer hose.
which may be the communication sys-
Hose used to transfer oil or haz-
tem itself, that enables a person on
ardous material must meet the require-
board each vessel to effectively indi-
ments of § 154.500 of this chapter.
cate his desire to use the means of
communication required by paragraph [CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
(a) of this section. amended by CGD 86–034, 55 FR 36255, Sept. 4,
(c) The means required by paragraph 1990]
(a) of this section must be usable and
§ 155.805 Closure devices.
effective in all phases of the transfer
operation and all conditions of weath- (a) Each end of each transfer hose on
er. board which is not connected for the
(d) Portable radio devices used to transfer of oil or hazardous material
comply with paragraph (a) of this sec- must be blanked off with butterfly
tion during the transfer of flammable valves, wafer-type resilient seated
or combustible liquids must be intrin- valves, blank flanges, or other means
sically safe, as defined in 46 CFR 110.15– acceptable to the COTP or OCMI.
100(i), and meet Class I, Division I, (b) New, unused hose is exempt from
Group D requirements as defined in 46 the requirement in paragraph (a) of
CFR 111.80. this section.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980; 45 FR [CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
43705, June 30, 1980, as amended by CGD 86– amended by CGD 86–034, 55 FR 36255, Sept. 4,
034, 55 FR 36255, Sept. 4, 1990] 1990]
§ 155.790 Deck lighting. § 155.810 Tank vessel security.

Operators of tank vessels carrying
(a) A self-propelled vessel with a ca-
more oil cargo residue than normal in
pacity of 250 or more barrels of oil or
any cargo tank must assign a surveil-
hazardous material that is conducting
lance person or persons responsible for
transfer operations between sunset and
maintaining standard vessel security.
sunrise must have deck lighting that
adequately illuminates— [ USCG–2000–7641, 66 FR 55572, Nov. 2, 2001]
(1) Each transfer operations work
area and each transfer connection § 155.815 Tank vessel integrity.
point in use on the vessel; and (a) Except as provided in paragraph
(2) Each transfer operations work (b) of this section, a tank vessel under-
area and each transfer connection way or at anchor must have all closure
point in use on each barge, if any, mechanisms on the following openings
moored to the vessel to or from which properly closed:
oil or hazardous material is being (1) Expansion trunk hatches;
transferred; (2) Ullage openings;
(b) Where the illumination is appar- (3) Sounding ports;
ently inadequate the OCMI or COTP (4) Tank cleaning openings; and
may require verification by instrument (5) Any other tank vessel openings
of the levels of illumination. On a hori- that maintain the seaworthy condition
412
of the tank vessel and prevent the in- arrival times are not performance
advertent release of oil or hazardous standards. They are planning criteria
material in the event of a tank vessel based on a set of assumptions that may
accident. not exist during an actual oil spill inci-
(b) No person may open any of the dent.
closure mechanisms in paragraph (a) of
this section while the tank vessel is § 155.1015 Applicability.
underway or at anchor except when au- (a) Except as provided in paragraph
thorized and supervised by a licensed (c) of this section, this subpart applies
or credentialed officer or the to each vessel that is constructed or
tankerman required by 46 CFR 31.15– adapted to carry, or that carries, oil in
5(a). bulk as cargo or oil cargo residue, and
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as that—
amended by CGD 86–034, 55 FR 36255, Sept. 4, (1) Is a vessel of the United States;
1990; USCG–2006–24371, 74 FR 11212, Mar. 16, (2) Operates on the navigable waters
2009] of the United States; or
(3) Transfers oil in a port or place
§ 155.820 Records. subject to the jurisdiction of the
The vessel operator shall keep a writ- United States.
ten record available for inspection by (b) This subpart also applies to ves-
the COTP or OCMI of: sels which engage in oil lightering op-
(a) The name of each person cur- erations in the marine environment be-
rently designated as a person in charge yond the baseline from which the terri-
of transfer operations. torial sea is measured, when the cargo
(b) The date and result of the most lightered is destined for a port or place
recent test and inspection of each item subject to the jurisdiction of the
tested or inspected as required by United States.
§ 156.170 of this chapter; (c) This subpart does not apply to the
(c) The hose information required by following types of vessels:
§ 154.500(e) and (g) of this chapter unless (1) Public vessels and vessels deemed
that information is marked on the public vessels under 14 U.S.C. 827.
hose; and (2) Vessels that, although con-
(d) The Declaration of Inspection as structed or adapted to carry oil in bulk
required by § 156.150(f) of this chapter. as cargo or oil cargo residue, are not
storing or carrying oil in bulk as cargo
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as or oil cargo residue.
(3) Dedicated response vessels when
1990]
conducting response operations.
(4) Vessels of opportunity when con-
Subpart D—Tank Vessel Response ducting response operations in a re-
Plans for Oil sponse area.
(5) Offshore supply vessels as defined
SOURCE: CGD 91–034, 61 FR 1081, Jan. 12, in 46 U.S.C. 2101.
1996, unless otherwise noted. (6) Fishing or fishing tender vessels
as defined in 46 U.S.C. 2101 of not more
§ 155.1010 Purpose. than 750 gross tons when engaged only
The purpose of this subpart is to es- in the fishing industry.
tablish requirements for oil spill re- (7) Foreign-flag vessels engaged in in-
sponse plans for certain vessels. The nocent passage through the territorial
planning criteria in this subpart are in- sea or transit passage through a strait
tended for use in response plan develop- used for international navigation, un-
ment and the identification of re- less bound for or departing from a port
sources necessary to respond to the oil or place of the United States.
spill scenarios prescribed during the (8) Vessels carrying oil as a sec-
planning process. The development of a ondary cargo and measuring 400 gross
response plan prepares the vessel owner tons or greater.
or operator and the vessel’s crew to re- (d) Vessels covered by this subpart
spond to an oil spill. The specific cri- that are not operating within the navi-
teria for response resources and their gable waters or the exclusive economic
413
§ 155.1020 33 CFR Ch. I (7–1–20 Edition)
zone of the United States must meet boundary of the exclusive economic
all requirements of this subpart except zone (EEZ).
for— Cargo means oil that is transported
(1) Identifying and ensuring, through to and off-loaded at a destination by a
contract or other approved means, the vessel. It does not include—
availability of response resources in- (1) Oil carried in integral tanks, ma-
cluding the shore-based spill manage- rine portable tanks, or independent
ment team; tanks for use by machinery, heli-
(2) Providing the geographic-specific copters, and boats carried aboard the
appendices required in § 155.1035, vessel, or for use by helicopters that
155.1040, or 155.1045, as appropriate; and are directly supporting the vessel’s pri-
(3) Identifying and designating a mary operations; or
qualified individual and alternate (2) Oil transferred from a towing ves-
qualified individual required in sel to a vessel in its tow to operate in-
§ 155.1026. stalled machinery other than the pro-
NOTE TO § 155.1015: Response plan require- pulsion plant.
ments for nontank vessels are found in sub- Contract or other approved means in-
part J of this part. cludes—
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as (1) A written contractual agreement
amended by USCG–2000–7641, 66 FR 55572, between a vessel owner or operator and
Nov. 2, 2001; USCG–2008–1070, 78 FR 60122, an oil spill removal organization. The
Sept. 30, 2013] agreement must identify and ensure
the availability of specified personnel
§ 155.1020 Definitions. and equipment required under this sub-
Except as otherwise defined in this part within stipulated response times
section, the definitions in § 155.110 in the specified geographic areas;
apply to this subpart and subparts F (2) Certification by the vessel owner
and G of this part. For the purposes of or operator that specified personnel
this subpart only, the term: and equipment required under this sub-
Adverse weather means the weather part are owned, operated, or under the
conditions that will be considered when direct control of the vessel owner or
identifying response systems and operator, and are available within stip-
equipment in a response plan for the ulated response times in the specified
applicable operating environment. Fac- geographic areas;
tors to consider include, but are not (3) Active membership in a local or
limited to, significant wave height, ice, regional oil spill removal organization
temperature, weather-related visi- that has identified specified personnel
bility, and currents within the Captain and equipment required under this sub-
of the Port (COTP) zone in which the part that are available to respond to a
systems or equipment are intended to discharge within stipulated response
function. times in the specified geographic areas;
Animal fat means a non-petroleum (4) A document which—
oil, fat, or grease derived from animals (i) Identifies the personnel, equip-
and not specifically identified else- ment, and services capable of being
where in this part. provided by the oil spill removal orga-
Average most probable discharge means nization within stipulated response
a discharge of the lesser of 50 barrels of times in the specified geographic areas;
oil or 1 percent of the cargo from the (ii) Sets out the parties’ acknowledg-
vessel during cargo oil transfer oper- ment that the oil spill removal organi-
ations to or from the vessel. zation intends to commit the resources
Bulk means any volume of oil carried in the event of a response;
in an integral tank of the vessel and oil (iii) Permits the Coast Guard to
transferred to or from a marine port- verify the availability of the identified
able tank or independent tank while on response resources through tests, in-
board a vessel. spections, and exercises; and
Captain of the Port (COTP) Zone (iv) Is referenced in the response
means a zone specified in 33 CFR part plan; or

3 and, for coastal ports, the seaward ex- (5) With the written consent of the
tension of that zone to the outer oil spill removal organization, the
414
identification of an oil spill removal Great Lakes means Lakes Superior,

organization with specified equipment Michigan, Huron, Erie, and Ontario,
and personnel which are available their connecting and tributary waters,
within stipulated response times in the the Saint Lawrence River as far as
specified geographic areas. This para- Saint Regis, and adjacent port areas.
graph is an other approved means for Gulf Coast means for the purposes of
only— dispersant application requirements,
(i) A vessel carrying oil as secondary the regions encompassing the following
cargo to meet the requirements under Captain of the Port Zones:
§ 155.1045(i)(3); (1) Corpus Christi, TX;
(ii) A barge operating on rivers and (2) Houston/Galveston, TX;
canals to meet the requirements for (3) Port Arthur, TX;
lightering capability under (4) Morgan City, LA;
§§ 155.1050(j), 155.1052(g), 155.1230(g), and (5) New Orleans, LA;
155.2230(g); (6) Mobile, AL; and
(7) St. Petersburg, FL.
(iii) A vessel to meet the salvage and
Higher volume port area means the fol-
firefighting requirements in
lowing areas, including any water area
§§ 155.1050(j), 155.1052(f), 155.1230(f), and
within 50 nautical miles seaward of the
155.2230(f); and
entrance(s) to the specified port:
(iv) A vessel to meet the resource re- (1) Boston, MA.
quirements in § 155.1052(c), 155.1230(c), (2) New York, NY.
and 155.2230(c). (3) Delaware Bay and River to Phila-
Dedicated response vessel means a ves- delphia, PA.
sel of which the service is limited ex- (4) St. Croix, VI.
clusively to oil and hazardous sub- (5) Pascagoula, MS.
stance spill response-related activities, (6) Mississippi River from Southwest
including spill recovery and transport, Pass, LA to Baton Rouge, LA. Note:
tanker escorting, deployment of spill Vessels destined for, departing from, or
response equipment, supplies, and per- offloading at the Louisiana Offshore
sonnel, and spill response-related train- Oil Port are not considered to be oper-
ing, testing, exercises, and research. ating in this higher volume port area.
Dispersant-application platform means (7) Lake Charles, LA.
the vessel or aircraft outfitted with the (8) Sabine-Neches River, TX.
dispersant-application equipment act- (9) Galveston Bay and Houston Ship
ing as the delivery system for the dis- Channel, TX.
persant onto the oil spill. (10) Corpus Christi, TX.
Effective daily application capacity or (11) Los Angeles/Long Beach Harbor,
EDAC means the estimated amount of CA.
dispersant that can be applied to a dis- (12) San Francisco Bay, San Pablo
charge by an application system, given Bay, Carquinez Strait, and Suisun Bay
the availability of supporting dispers- to Antioch, CA.
ant stockpiles, when operated in ac- (13) Strait of Juan De Fuca at Cape
cordance with approved standards and Flattery to and including Puget Sound,
within acceptable environmental con- WA.
ditions. (14) Prince William Sound, AK.
Estimated Dispersant System Potential NOTE 1 TO PARAGRAPH (13) OF THIS DEFINI-
Calculator (EDSP) means an internet- TION: The western boundary of the Strait of
accessible application that estimates Juan de Fuca higher volume port area in this
EDAC for different dispersant response part differs from that in § 154.1020 of this
systems. The NSFCC will use EDSP for chapter. The difference stems from section
evaluating OSRO dispersant classifica- 316(b) of the Coast Guard Authorization Act
tion levels. of 2015 (Pub. L. 114–120), which expands only
the definition in this part.
Exclusive economic zone means the
zone contiguous to the territorial sea Inland area means the area shoreward
of United States extending to a dis- of the boundary lines defined in 46 CFR
tance up to 200 nautical miles from the part 7, except that in the Gulf of Mex-
baseline from which the breadth of the ico, it means the area shoreward of the
territorial sea is measured. lines of demarcation (COLREG lines)
415
§ 155.1020 33 CFR Ch. I (7–1–20 Edition)
as defined in §§ 80.740 through 80.850 of tection Agency to coordinate and di-

this chapter. The inland area does not rect Federal removal efforts at the
include the Great Lakes. scene of an oil or hazardous substance
Maximum extent practicable means the discharge as prescribed in the National
planned capability to respond to a Oil and Hazardous Substances Pollu-
worst case discharge in adverse weath- tion Contingency Plan (National Con-
er, as contained in a response plan that tingency Plan) as published in 40 CFR
meets the criteria in this subpart or in part 300.
a specific plan approved by the Coast Open ocean means the area from 38
Guard. nautical miles seaward of the outer
Maximum most probable discharge boundary of the nearshore area, to the
means a discharge of— seaward boundary of the exclusive eco-
(1) 2,500 barrels of oil for vessels with nomic zone.
an oil cargo capacity equal to or great- Operating in compliance with the plan
er than 25,000 barrels; or means operating in compliance with
(2) 10% of the vessel’s oil cargo capac- the provisions of this subpart, includ-
ity for vessels with a capacity of less ing ensuring the availability of the re-
than 25,000 barrels. sponse resources by contract or other
Nearshore area means the area ex- approved means and conducting the
tending seaward 12 miles from the necessary training and exercises.
boundary lines defined in 46 CFR part Operational effectiveness monitoring
7, except in the Gulf of Mexico. In the means monitoring concerned primarily
Gulf of Mexico, a nearshore area is one with determining whether the dispers-
extending seaward 12 miles from the ant was properly applied and how the
line of demarcation (COLREG lines) as dispersant is affecting the oil.
defined in §§ 80.740 through 80.850 of this Operator means person who is an
chapter. owner, a demise charterer, or other
Non-persistent or Group I oil means a contractor, who conducts the operation
petroleum-based oil that, at the time of, or who is responsible for the oper-
of shipment, consists of hydrocarbon ation of a vessel. For the purposes of
fractions— this subpart only, the operator of a
(1) At least 50% of which by volume, towing vessel is not, per se, considered
distill at a temperature of 340 degrees C the operator of a vessel being towed.
(645 degrees F); and Other non-petroleum oil means an oil
(2) At least 95% of which by volume, of any kind that is not a petroleum oil,
distill at a temperature of 370 degrees C an animal fat, or a vegetable oil.
(700 degrees F). Owner or vessel owner means any per-
Non-petroleum oil means oil of any son holding legal or equitable title to a
kind that is not petroleum-based. It in- vessel; provided, however, that a per-
cludes, but is not limited to, animal son holding legal or equitable title to a
fats and vegetable oils. vessel solely as security is not the
Ocean means the open ocean, offshore owner. In a case where a Certificate of
area, and nearshore area as defined in Documentation has been issued, the
this subpart. owner is the person or persons whose
Nontank vessel means a vessel meet- name or names appear on the vessel’s
ing the description provided in 33 CFR Certificate of Documentation provided,
155.5015(a). however, that where a Certificate of
Offshore area means the area up to 38 Documentation has been issued in the
nautical miles seaward of the outer name of a president or secretary of an
boundary of the nearshore area. incorporated company, such incor-
Oil field waste means non-pumpable porated company is the owner.
drilling fluids with possible trace Persistent oil means a petroleum-
amounts of metal and oil. based oil that does not meet the dis-
Oil spill removal organization (OSRO) tillation criteria for a non-persistent
means an entity that provides oil spill oil. For the purposes of this subpart,
response resources. persistent oils are further classified
On-scene coordinator or OSC means based on specific gravity as follows:

the Federal official predesignated by (1) Group II—specific gravity of less
the Coast Guard or Environmental Pro- than .85.
416
(2) Group III—specific gravity equal Secondary Cargo (see Vessels Carrying
to or greater than .85 and less than .95. Oil as a Secondary Cargo)
(3) Group IV—specific gravity equal Specific gravity means the ratio of the
to or greater than .95 and less than or mass of a given volume of liquid at 15
equal to 1.0. degrees C (60 degrees F) to the mass of
(4) Group V—specific gravity greater an equal volume of pure water at the
than 1.0. same temperature.
Petroleum oil means petroleum in any Spill management team means the per-
form, including but not limited to, sonnel identified to staff the organiza-
crude oil, fuel oil, sludge, oil residue, tional structure identified in a re-
and refined products. sponse plan to manage response plan
Pre-authorization for dispersant use implementation.
means an agreement, adopted by a re- Substantial threat of such a discharge
gional response team in coordination means any incident involving a vessel
with area committees, that authorizes that may create a significant risk of
the use of dispersants at the discretion discharge of cargo oil. Such incidents
of the Federal On-Scene Coordinator include, but are not limited to,
without the further approval of other groundings, strandings, collisions, hull
Federal or State authorities. These damage, fire, explosion, loss of propul-
pre-authorization areas are generally sion, flooding, on-deck spills, or other
limited to particular geographic areas similar occurrences.
within each region. Tanker means a self-propelled tank
Primary dispersant staging site means a vessel constructed or adapted pri-
site designated within a Captain of the marily to carry oil or hazardous mate-
Port zone which is identified as a for- rial in bulk in the cargo spaces.
ward staging area for dispersant-appli- Tier means the combination of re-
cation platforms and the loading of dis- quired response resources and the
persant stockpiles. Primary staging times within which the resources must
sites would normally be the planned lo- arrive on scene. Appendix B of this
cation where the platform would load part, especially Tables 5 and 6, provide
or reload dispersants prior to departing specific guidance on calculating the re-
for application at the site of the dis- sponse resources required by each tier.
charge and may not be the location Sections 155.1050(g), 155.1135, 155.1230(d),
where dispersant stockpiles are stored and 155.2230(d) set forth the required
or application platforms are home times within which the response re-
based. sources must arrive on scene. Tiers are
Qualified individual and alternate applied in three categories:
qualified individual means a shore-based (1) Higher volume port areas;
representative of a vessel owner or op- (2) The Great Lakes; and
erator who meets the requirements of (3) All other operating environments,
33 CFR 155.1026. including rivers and canals, inland,
Response activity means the contain- nearshore, and offshore areas.
ment and removal of oil from the water Vegetable oil means a non-petroleum
and shorelines, the temporary storage oil or fat not specifically identified
and disposal of recovered oil, or the elsewhere in this part that is derived
taking of other actions as necessary to from plant seeds, nuts, kernels or
minimize or mitigate damage to public fruits.
health or welfare or the environment. Vessel of opportunity means a vessel
Response resources means the per- engaged in spill response activities
sonnel, equipment, supplies, and other that is normally and substantially in-
capability necessary to perform the re- volved in activities other than spill re-
sponse activities identified in a response and not a vessel carrying oil as
sponse plan. a primary cargo.
Rivers and canals mean bodies of Vessels carrying oil as a primary cargo
water confined within the inland area, means all vessels except dedicated re-
including the Intracoastal Waterways sponse vessels carrying oil in bulk as
and other waterways artificially cre- cargo or cargo residue that have a Cer-
ated for navigation, that have a project tificate of Inspection issued under 46
depth of 12 feet or less. CFR Chapter I, subchapter D.
417
§ 155.1025 33 CFR Ch. I (7–1–20 Edition)
Vessels carrying oil as a secondary owner or operator has identified and

cargo means vessels, other than vessels ensured the availability of, through
carrying oil as a primary cargo, car- contract or other approved means, the
rying oil in bulk as cargo or cargo res- necessary private response resources to
idue pursuant to a permit issued under respond, to the maximum extent prac-
46 CFR 30.01–5, 70.05–30, or 90.05–35, an ticable, to a worst case discharge or
International Oil Pollution Prevention substantial threat of such a discharge
(IOPP) or Noxious Liquid Substance from their vessel as described in
(NLS) certificate required by 33 CFR § 155.1050, § 155.1052, § 155.1230, or
§ 151.33 or § 151.35; or any uninspected § 155.2230, as appropriate.
vessel that carries oil in bulk as cargo (d) With respect to paragraph (b) of
or cargo residue. this section, a vessel may not continue
Worst case discharge means a dis- to handle, store, transport, transfer, or
charge in adverse weather conditions of lighter oil if—
a vessel’s entire oil cargo. (1) The Coast Guard determines that
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as the response resources identified in the
amended by USCG–2000–7641, 66 FR 55572, vessel’s certification statement do not
Nov. 2, 2001; USCG–1998–3417, 73 FR 80649, meet the requirements of this subpart;
Dec. 31, 2008; USCG–2001–8661, 74 FR 45026, (2) The contracts or agreements cited
Aug. 31, 2009; USCG–2010–0351, 75 FR 36285, in the vessel’s certification statement
June 25, 2010; USCG–2008–1070, 78 FR 60122, are no longer valid;
Sept. 30, 2013; USCG–2011–0576, 83 FR 26220,
June 6, 2018; USCG–2018–0874, 84 FR 30880,
(3) The vessel is not operating in
June 28, 2019] compliance with the submitted plan; or
(4) The period of this authorization
§ 155.1025 Operating restrictions and expires.
interim operating authorization. (e) An owner or operator of a vessel
(a) Vessels subject to this subpart may be authorized by the applicable
may not perform the following func- COTP to have that vessel make one
tions, unless operating in compliance voyage to transport or handle oil in a
with a plan approved under § 155.1065: geographic specific area not covered by
(1) Handling, storing, or transporting the vessel’s response plan. All require-
oil on the navigable waters of the ments of this subpart must be met for
United States; or any subsequent voyages to that geo-
(2) Transferring oil in any other port graphic specific area. To be authorized,
or place subject to U.S. jurisdiction. the vessel owner or operator shall cer-
(b) Vessels subject to this subpart tify to the COTP in writing, prior to
may not transfer oil in a port or place the vessel’s entry into the COTP zone,
subject to the jurisdiction of the that—
United States, where the oil to be (1) A response plan meeting the re-
transferred was received from another quirements of this subpart (except for
vessel subject to this subpart during a the applicable geographic specific ap-
lightering operation referred to in pendix) or a shipboard oil pollution
§ 155.1015(b), unless both vessels en- emergency plan approved by the flag
gaged in the lightering operation were state that meets the requirements of
operating at the time in compliance Regulation 37 of Annex I to the Inter-
with a plan approved under § 155.1065. national Convention for the Prevention
(c)(1) Notwithstanding the require- of Pollution from Ships, 1973 as modi-
ments of paragraph (a) of this section, fied by the Protocol of 1978 relating
a vessel may continue to handle, store, thereto, as amended (MARPOL 73/78);
transport, transfer, or lighter oil for 2 (2) The approved response plan or the
years after the date of submission of a required plan section(s) is aboard the
response plan pending approval of that vessel;
plan, if the vessel owner or operator (3) The vessel owner or operator has
has received written authorization for identified and informed the vessel mas-
continued operations from the Coast ter and the COTP of the designated
Guard. qualified individual prior to the ves-
(2) To receive this authorization, the sel’s entry into the COTP zone; and
vessel owner or operator must certify (4) The vessel owner or operator has
in writing to the Coast Guard that the identified and ensured the availability
418
of, through contract or other approved qualified individual and at least one al-
means, the private response resources ternate qualified individual who meet
necessary to respond, to the maximum the requirements of this section. The
extent practicable under the criteria in vessel owner or operator is required to
§ 155.1050, § 155.1052, § 155.1230, or list in the response plan the organiza-
§ 155.2230, as appropriate, to a worst tion, the person identified as the quali-
case discharge or substantial threat of fied individual, and the person or per-
discharge from the vessel in the appli- sons identified as the alternate quali-
cable COTP zone. fied individual(s).
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
(f) The qualified individual is not re-
amended by USCG–2008–0179, 73 FR 35015, sponsible for—
June 19, 2008] (1) The adequacy of response plans
prepared by the owner or operator; or
§ 155.1026 Qualified individual and al- (2) Contracting or obligating funds
ternate qualified individual. for response resources beyond the full
(a) The response plan must identify a authority contained in their designa-
qualified individual and at least one al- tion from the owner or operator of the
ternate who meet the requirements of vessel.
this section. The qualified individual (g) The liability of a qualified indi-
or alternate qualified individual must vidual is considered to be in accord-
be available on a 24-hour basis. ance with the provisions of 33 U.S.C.
(b) The qualified individual and alter- 1321(c)(4).
nate must—
(1) Speak fluent English; § 155.1030 General response plan re-
(2) Except as set out in paragraph (c) quirements.
of this section, be located in the United (a) The plan must cover all geo-
States; graphic areas of the United States in
(3) Be familiar with the implementa- which the vessel intends to handle,
tion of the vessel response plan; and store, or transport oil, including port
(4) Be trained in the responsibilities areas and offshore transit areas.
of the qualified individual under the re- (b) The plan must be written in
sponse plan. English and, if applicable, in a lan-
(c) For Canadian flag vessels while guage that is understood by the crew
operating on the Great Lakes or the members with responsibilities under
Strait of Juan de Fuca and Puget the plan.
Sound, WA, the qualified individual (c) A vessel response plan must be di-
may be located in Canada if he or she vided into the following sections:
meets all other requirements in para- (1) General information and introduc-
graph (b) of this section. tion.
(d) The owner operator shall provide (2) Notification procedures.
each qualified individual and alternate (3) Shipboard spill mitigation proce-
qualified individual identified in the dures.
plan with a document designating (4) Shore-based response activities.
them as a qualified individual and (5) List of contacts.
specifying their full authority to— (6) Training procedures.
(1) Activate and engage in con- (7) Exercise procedures.
tracting with oil spill removal organi- (8) Plan review and update proce-
zation(s) and other response related re- dures.
sources identified in the plan; (9) On board notification checklist
(2) Act as a liaison with the and emergency procedures (unmanned
predesignated Federal On-Scene Coor- tank barges only).
dinator (OCS); and (10) Geographic-specific appendix for
(3) Obligate funds required to carry each COTP zone in which the vessel or
out response activities. vessels operate.
(e) The owner or operator of a vessel (11) An appendix for vessel-specific
may designate an organization to ful- information for the vessel or vessels
fill the role of the qualified individual covered by the plan.

and alternate qualified individual. The (d) A vessel owner or operator with
organization must then identify a multiple vessels may submit one plan
419
§ 155.1030 33 CFR Ch. I (7–1–20 Edition)
for each class of vessel (i.e., manned one English language copy of the plan
vessels carrying oil as primary cargo, section listed in paragraph (c)(9) of this
unmanned vessels carrying oil as pri- section and the Coast Guard approval
mary cargo, and vessels carrying oil as letter is maintained aboard the barge.
secondary cargo) with a separate ves- An electronic copy of the VRP is au-
sel-specific appendix for each vessel thorized.
covered by the plan and a separate geo- (3) The vessel owner or operator must
graphic-specific appendix for each maintain a current copy of the entire
COTP zone in which the vessel(s) will plan, and ensure that each person iden-
operate. tified as a qualified individual and al-
(e) The required contents for each ternate qualified individual in the plan
section of the plan are contained in has a current copy of the entire plan.
§§ 155.1035, 155.1040, and 155.1045, as ap- An electronic copy of the VRP is au-
plicable to the type or service of the thorized.
vessel. (j) If an owner or operator of a United
(f) The response plan for a barge car- States flag vessel informs the Coast
rying nonhazardous oil field waste may Guard in writing at the time of the
follow the same format as that for a plan submission according to the pro-
vessel carrying oil as a secondary cargo cedures of § 155.1065, the owner or oper-
under § 155.1045 in lieu of the plan re- ator may address the provisions of Reg-
quired under § 155.1035 or § 155.1040. ulation 37 of MARPOL 73/78 if the
(g) A response plan must be divided owner or operator—
into the sections described in para-
(1) Develops a vessel response plan
graph (c) of this section unless the plan
under § 155.1030 and § 155.1035, § 155.1040,
is supplemented with a cross-reference
or § 155.1045, as applicable;
table to identify the location of the in-
formation required by this subpart. (2) Expands the plan to cover dis-
(h) The information contained in a charges of all oils defined under
response plan must be consistent with MARPOL, including fuel oil (bunker)
the— carried on board. The owner or oper-
(1) National Oil and Hazardous Sub- ator is not required to include these
stances Pollution Contingency Plan additional oils in calculating the plan-
(NCP) (40 CFR part 300) and the Area ning volumes that are used to deter-
Contingency Plan(s) (ACP) in effect on mine the quantity of response re-
the date 6 months prior to the submis- sources that the owner or operator
sion date of the response plan; or must ensure through contract or other
(2) More recent NCP and ACP(s). approved means;
(i) Copies of the submitted and ap- (3) Provides the information on au-
proved response plan must be available thorities or persons to be contacted in
as follows: the event of an oil pollution incident as
(1) The vessel owner or operator must required by Regulation 37 of MARPOL
ensure that they maintain one English 73/78. This information must include—
language copy of the VRP, at a min- (i) An appendix containing coastal
imum the contents listed in paragraphs State contacts for those coastal States
(c)(1), (c)(2), (c)(3), (c)(5), (c)(6), (c)(7), the exclusive economic zone of which
(c)(10) and (c)(11) of this section and a the vessel regularly transits. The ap-
copy of the Coast Guard approval let- pendix should list those agencies or of-
ter, onboard the vessel. In lieu of paper ficials of administrations responsible
format, the vessel owner or operator for receiving and processing pollution
may keep an electronic copy of the incident reports; and
VRP and approval letter onboard the (ii) An appendix of port contacts for
vessel. If applicable, additional copies those ports at which the vessel regu-
of the required VRP sections must be larly calls; and
in the language understood by crew (4) Expands the plan to include the
members with responsibilities under procedures and point of contact on the
the VRP and maintained onboard the ship for coordinating shipboard activi-
vessel. ties with national and local authorities

(2) The owner or operator of all unin combating an oil spill incident. The
manned tank barges shall ensure that plan should address the need to contact
420
the coastal State to advise them of ac- (3) A list of the COTP zones in which
tion(s) being implemented and deter- the vessel intends to handle, store, or
mine what authorization(s), if any, are transport oil;
needed. (4) A table of contents or index of suf-
(5) Provides a cross reference section ficient detail to permit personnel with
to identify the location of the informa- responsibilities under the response plan
tion required by § 155.1030(j). to locate the specific sections of the
(k) A vessel carrying oil as a sec- plan; and
ondary cargo may comply with the re- (5) A record of change(s) page to
quirements of § 155.1045 by having a re- record information on plan reviews, up-
sponse plan approved under Regulation dates or revisions.
37 of MARPOL 73/78 with the addition (b) Notification procedures. This sec-
of the following— tion of the response plan must include
the following notification information:
(1) Identification of the qualified in-
(1) A checklist with all notifications,
dividual and alternate that meets the
including telephone or other contact
requirements of § 155.1026; numbers, in order of priority to be
(2) A geographic specific appendix made by shipboard or shore-based per-
meeting the requirements of sonnel and the information required for
§ 155.1045(i), including the identification those notifications. Notifications must
of a contracted oil spill removal orga- include those required by—
nization; (i) MARPOL 73/78 and 33 CFR part
(3) Identification of a spill manage- 153; and
ment team; (ii) Any applicable State.
(4) An appendix containing the train- (2) Identification of the person(s) to
ing procedures required by 155.1045(f); be notified of a discharge or substan-
and tial threat of a discharge of oil. If the
(5) An appendix containing the exer- notifications vary due to vessel loca-
cise procedures required by 155.1045(g). tion, the persons to be notified also
(l) For plans submitted prior to the must be identified in a geographic-spe-
effective date of this final rule, the cific appendix. This section must sepa-
owner or operator of each vessel may rately identify—
elect to comply with any or all of the (i) The individual(s) or organiza-
provisions of this final rule by amend- tion(s) to be notified by shipboard per-
ing or revising the appropriate section sonnel; and
of the previously submitted plan. (ii) The individual(s) or organiza-
tion(s) to be notified by shore-based
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as personnel.
amended by USCG–2008–0179, 73 FR 35015, (3) The procedures for notifying the
June 19, 2008; USCG–2008–1070, 78 FR 60122, qualified individual(s) designated by
Sept. 30, 2013; USCG–2014–0410, 79 FR 38436,
the vessel’s owner or operator.
July 7, 2014]
(4) Descriptions of the primary and, if
§ 155.1035 Response plan requirements available, secondary communications
for manned vessels carrying oil as a methods by which the notifications
primary cargo. will be made that should be consistent
with the regulations in § 155.1035(b)(1).
(a) General information and introduc- (5) The information that is to be pro-
tion. This section of the response plan vided in the initial and any follow up
must include— notifications required by paragraph
(1) The vessel’s name, country of reg- (b)(1) of this section.
istry, call sign, official number, and (i) The initial notification may be
International Maritime Organization submitted in accordance with IMO Res-
(IMO) international number (if applica- olution A648(16) ‘‘General Principles for
ble). If the plan covers multiple ves- Ship Reporting Systems and Ship Re-
sels, this information must be provided porting Requirements’’ which is avail-
for each vessel; able at Coast Guard Headquarters. Con-
(2) The name, address, and procedures tact Commandant (CG–OES), Attn: Of-
for contacting the vessel’s owner or op- fice of Operating and Environmental
erator on a 24-hour basis; Standards, U.S. Coast Guard Stop 7509,
421
§ 155.1035 33 CFR Ch. I (7–1–20 Edition)
2703 Martin Luther King Jr. Avenue (c) Shipboard spill mitigation proce-
SE., Washington, DC 20593–7509. It must dures. This section of the response plan
include at least the following informa- must include—
tion: (1) Procedures for the crew to miti-
(A) Vessel name, country of registry, gate or prevent any discharge or a sub-
call sign, and official number (if any); stantial threat of such discharge of oil
(B) Date and time of the incident; resulting from shipboard operational
(C) Location of the incident; activities associated with internal or
(D) Course, speed, and intended track external cargo transfers. Responsibil-
of vessel; ities of vessel personnel should be iden-
(E) Radio station(s) and frequencies tified by job title. These procedures
guarded; must address personnel actions in the
(F) Date and time of next report; event of a—
(G) Type and quantity of oil on (i) Transfer system leak;
board; (ii) Tank overflow; or
(H) Nature and detail of defects, defi- (iii) Suspected cargo tank or hull
ciencies, and damage (e.g. grounding, leak;
collision, hull failure, etc.); (2) Procedures in the order of priority
(I) Details of pollution, including es- for the crew to mitigate or prevent any
timate of oil discharged or threat of discharge or a substantial threat of
discharge; such a discharge in the event of the fol-
(J) Weather and sea conditions on lowing casualties or emergencies:
scene; (i) Grounding or stranding.
(K) Ship size and type; (ii) Collision.
(L) Actions taken or planned by per- (iii) Explosion or fire, or both.
sons on scene;
(iv) Hull failure.
(M) Current conditions of the vessel;
(v) Excessive list.
and
(vi) Equipment failure (e.g. main pro-
(N) Number of crew and details of in-
pulsion, steering gear, etc.);
juries, if any.
(ii) After the transmission of the ini- (3) Procedures for the crew to deploy
tial notification, as much as possible of discharge removal equipment as re-
the information essential for the pro- quired under subpart B of this part;
tection of the marine environment as (4) The procedures for internal trans-
is appropriate to the incident must be fers of cargo in an emergency;
reported to the appropriate on-scene (5) The procedures for ship-to-ship
coordinator in a follow-up report. This transfers of cargo in an emergency:
information must include— (i) The format and content of the
(A) Additional details on the type of ship-to-ship transfer procedures must
cargo on board; be consistent with the Ship to Ship
(B) Additional details on the condi- Transfer Guide (Petroleum) (incor-
tion of the vessel and ability to trans- porated by reference; see § 155.140) pub-
fer cargo, ballast, and fuel; lished jointly by the International
(C) Additional details on the quan- Chamber of Shipping and the Oil Com-
tity, extent and movement of the pol- panies International Marine Forum
lution and whether the discharge is (OCIMF).
continuing; (ii) The procedures must identify the
(D) Any changes in the on-scene response resources necessary to carry
weather or sea conditions; and out the transfers, including—
(E) Actions being taken with regard (A) Fendering equipment (ship-to-
to the discharge and the movement of ship only);
the ship. (B) Transfer hoses and connection
(6) Identification of the person(s) to equipment;
be notified of a vessel casualty poten- (C) Portable pumps and ancillary
tially affecting the seaworthiness of a equipment;
vessel and the information to be pro- (D) Lightering and mooring masters
vided by the vessel’s crew to shore- (ship-to-ship only); and

based personnel to facilitate the assess- (E) Vessel and barge brokers (ship-to-
ment of damage stability and stress. ship only).
422
(iii) Reference can be made to a sepa- (ii) The plan must identify the shore
rate oil transfer procedure and location and 24-hour access procedures
lightering plan carried aboard the ves- for the computerized, shore-based dam-
sel, provided that safety considerations age stability and residual structural
are summarized in the response plan. strength calculation programs required
(iv) The location of all equipment by § 155.240.
and fittings, if any, carried aboard the (d) Shore-based response activities. This
vessel to perform such transfers must section of the response plan must in-
be identified; clude the following information:
(6) The procedures and arrangements (1) The qualified individual’s respon-
for emergency towing, including the sibilities and authority, including im-
rigging and operation of any emer- mediate communication with the Fed-
gency towing equipment, including eral on-scene coordinator and notifica-
that required by subpart B of this part, tion of the oil spill removal organiza-
aboard the vessel; tion(s) identified in the plan.
(7) The location, crew responsibil- (2) If applicable, procedures for trans-
ities, and procedures for use of ship- ferring responsibility for direction of
board equipment which may be carried response activities from vessel per-
to mitigate an oil discharge; sonnel to the shore-based spill manage-
(8) The crew responsibilities, if any, ment team.
for recordkeeping and sampling of (3) The procedures for coordinating
spilled oil. Any requirements for sam- the actions of the vessel owner or oper-
pling must address safety procedures to ator or qualified individual with the
be followed by the crew; predesignated Federal on-scene coordi-
(9) The crew’s responsibilities, if any, nator responsible for overseeing or di-
to initiate a response and supervise recting those actions.
shore-based response resources;
(4) The organizational structure that
(10) Damage stability and hull stress will be used to manage the response ac-
considerations when performing ship- tions. This structure must include the
board mitigation measures. This sec-
following functional areas and must
tion must identify and describe—
further include information for key
(i) Activities in which the crew is components within each functional
trained and qualified to execute absent area:
shore-based support or advice; and
(i) Command and control;
(ii) The information to be collected
(ii) Public information;
by the vessel’s crew to facilitate shore-
based assistance; and (iii) Safety;
(11)(i) Location of vessel plans nec- (iv) Liaison with government agen-
essary to perform salvage, stability, cies;
and hull stress assessments. A copy of (v) Spill response operations;
these plans must be maintained ashore (vi) Planning;
by either the vessel owner or operator (vii) Logistics support; and
or the vessel’s recognized classification (viii) Finance.
society unless the vessel has pre- (5) The responsibilities of, duties of,
arranged for a shore-based damage sta- and functional job descriptions for each
bility and residual strength calculation oil spill management team position
program with the vessel’s baseline within the organizational structure
strength and stability characteristics identified in paragraph (d)(4) of this
pre-entered. The response plan must in- section.
dicate the shore location and 24-hour (e) List of contacts. The name, loca-
access procedures of the calculation tion, and 24-hour contact information
program or the following plans: for the following key individuals and
(A) General arrangement plan. organizations must be included in this
(B) Midship section plan. section of the response plan or, if more
(C) Lines plan or table of offsets. appropriate, in a geographic-specific
(D) Tank tables. appendix and referenced in this section

(E) Load line assignment. of the response plan:
(F) Light ship characteristics. (1) Vessel owner or operator.
423
§ 155.1035 33 CFR Ch. I (7–1–20 Edition)
(2) Qualified individual and alternate must be included for each COTP zone
qualified individual for the vessel’s identified. The appendices must in-
area of operation. clude the following information or
(3) Applicable insurance provider, identify the location of such informa-
representative, or surveyor for the ves- tion within the plan:
sel’s area of operation. (1) A list of the geographic areas
(4) The vessel’s local agent(s) for the (port areas, rivers and canals, Great
vessel’s area of operation or a reference Lakes, inland, nearshore, offshore, and
to the 24-hour point of contact as listed open ocean areas) in which the vessel
on the vessel’s notice of arrival. intends to handle, store, or transport
(5) Person(s) within the oil spill re- oil within the applicable COTP zone.
moval organization to notify for acti- (2) The volume and group of oil on
vation of that oil spill removal organi- which the required level of response re-
zation for the three spill scenarios sources are calculated.
identified in paragraph (i)(5) of this (3) Required Federal or State notifi-
section for the vessel’s area of oper- cations applicable to the geographic
ation. areas in which a vessel operates.
(6) Person(s) within the identified re- (4) Identification of the qualified in-
sponse organization to notify for acti- dividuals.
vating that organization to provide: (5) Identification of the oil spill re-
(i) The required emergency lightering moval organization(s) that are identi-
required by § 155.1050(j), § 155.1052(g), fied and ensured available, through
§ 155.1230(g), or § 155.2230(g), as applica- contract or other approved means, and
ble to the type of service of the vessel; the spill management team to respond
and to the following spill scenarios:
(ii) The required salvage and fire- (i) Average most probable discharge.
fighting required by § 155.1050(j), (ii) Maximum most probable dis-
§ 155.1052(e), § 155.1230(e), and charge.
§ 155.2230(e), as applicable to the type of (iii) Worst case discharge.
service of the vessel. (6) The organization(s) identified to
(7) Person(s) to notify for activation meet the requirements of paragraph
of the spill management team for the (i)(5) of this section must be capable of
spill response scenarios identified in providing the equipment and supplies
paragraph (i)(5) of this section for the necessary to meet the requirements of
vessel’s area of operation. §§ 155.1050, 155.1052, 155.1230, and 155.2230,
(f) Training procedures. This section of as appropriate, and sources of trained
the response plan must address the personnel to continue operation of the
training procedures and programs of equipment and staff the oil spill re-
the vessel owner or operator to meet moval organization(s) and spill man-
the requirements in § 155.1055. agement team identified for the first 7
(g) Exercise procedures. This section of days of the response.
the response plan must address the ex- (7) The appendix must list the re-
ercise program to be carried out by the sponse resources and related informa-
vessel owner or operator to meet the tion required under §§ 155.1050, 155.1052,
requirements in § 155.1060. 155.1230, 155.2230, and Appendix B of this
(h) Plan review, update, revision, part, as appropriate.
amendment, and appeal procedure. This (8) If an oil spill removal organiza-
section of the response plan must ad- tion(s) has been evaluated by the Coast
dress— Guard and their capability has been de-
(1) The procedures to be followed by termined to equal or exceed the re-
the vessel owner or operator to meet sponse capability needed by the vessel,
the requirements of § 155.1070; and the appendix may identify only the or-
(2) The procedures to be followed for ganization and their applicable classi-
any post-discharge review of the plan fication and not the information re-
to evaluate and validate its effective- quired in paragraph (i)(7) of this sec-
ness. tion.
(i) Geographic-specific appendices for (9) For vessels that handle, store, or
each COTP zone in which a vessel oper- transport Group I through Group V pe-
ates. A geographic-specific appendix troleum oils, the appendix must also
424
separately list the resource providers sources to be listed within this section
identified to provide the salvage, vessel must include the following:
firefighting, and lightering capabilities (i) The identification of a resource
required in this subpart. provider; and
(10) For vessels that handle, store, or (ii) The type and location of aerial
transport Group II through Group IV surveillance aircraft that have been en-
petroleum oils, and that operate in sured available, through contract or
waters where dispersant use pre-au- other approved means, to meet the oil
thorization agreements exist, the ap- tracking requirements of § 155.1050(l) of
pendix must also separately list the re-
this chapter.
source providers and specific resources,
including appropriately trained dis- (j) Appendices for vessel-specific infor-
persant-application personnel, nec- mation. This section must include for
essary to provide, if appropriate, the each vessel covered by the plan the fol-
dispersant capabilities required in this lowing information:
subpart. All resource providers and re- (1) List of the vessel’s principal char-
sources must be available by contract acteristics.
or other approved means. The dispers- (2) Capacities of all cargo, fuel, lube
ant resources to be listed within this oil, ballast, and fresh water tanks.
section must include the following: (3) The total volume and cargo
(i) Identification of each primary dis- groups of oil cargo that would be in-
persant staging site to be used by each volved in the—
dispersant-application platform to (i) Maximum most probable dis-
meet the requirements of § 155.1050(k) charge; and
of this chapter; (ii) Worst case discharge.
(ii) Identification of the platform
(4) Diagrams showing location of all
type, resource provider, location, and
tanks.
dispersant payload for each dispersant-
application platform identified. Loca- (5) General arrangement plan (can be
tion data must identify the distance maintained separately aboard the ves-
between the platform’s home base and sel providing the response plan identi-
the identified primary dispersant-stag- fies the location).
ing site(s) for this section. (6) Midships section plan (can be
(iii) For each unit of dispersant maintained separately aboard the ves-
stockpile required to support the effec- sel providing the response plan identi-
tive daily application capacity (EDAC) fies the location).
of each dispersant-application platform (7) Cargo and fuel piping diagrams
necessary to sustain each intended re- and pumping plan, as applicable (can
sponse tier of operation, identify the be maintained separately aboard the
dispersant product resource provider, vessel providing the response plan iden-
location, and volume. Location data tifies the location).
must include the distance from the (8) Damage stability data (can be
stockpile to the primary staging sites maintained separately providing the
where the stockpile would be loaded response plan identifies the location).
onto the corresponding platforms. If an
(9) Location of cargo and fuel stow-
oil spill removal organization has been
age plan for vessel (normally main-
evaluated by the Coast Guard and its
capability has been determined to meet tained separately aboard the vessel).
the response capability needed by the (10) Location of information on the
owner or operator, the section may name, description, physical and chem-
identify the oil spill removal organiza- ical characteristics, health and safety
tion only, and not the information re- hazards, and spill and firefighting pro-
quired in paragraphs (i)(10)(i) through cedures for the oil cargo aboard the
(i)(10)(iii) of this section. vessel. A material safety data sheet
(11) The appendix must also sepa- meeting the requirements of 29 CFR
rately list the resource providers and 1910.1200, SOLAS 74 regulation VI/5–1,
specific resources necessary to provide cargo information required by 33 CFR

oil-tracking capabilities required in
this subpart. The oil tracking re-
425
§ 155.1040 33 CFR Ch. I (7–1–20 Edition)
154.310, or equivalent will meet this re- specific appendix. This section must
quirement. This information can be separately identify—
maintained separately. (i) The individual(s) or organiza-
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
tion(s) to be notified by the towing ves-
amended by CGD 96–026, 61 FR 33666, June 28, sel; and
1996; USCG–2005–21531, 70 FR 36349, June 23, (ii) The individual(s) or organiza-
2005; USCG–2008–0179, 73 FR 35015, June 19, tion(s) to be notified by shore-based
2008; USCG–2001–8661, 74 FR 45027, Aug. 31, personnel.
2009; USCG–2010–0351, 75 FR 36285, June 25, (3) The procedures for notifying the
2010; USCG–2008–1070, 78 FR 60122, Sept. 30, qualified individuals designated by the
2013; USCG–2014–0410, 79 FR 38436, July 7,
barge’s owner or operator.
2014; USCG–2010–0194, 80 FR 5935, Feb. 4, 2015]
(4) Identification of the primary and,
§ 155.1040 Response plan requirements if available, secondary communica-
for unmanned tank barges carrying tions methods by which the notifica-
oil as a primary cargo. tions will be made, consistent with the
(a) General information and introduc- requirements of paragraph (b)(1) of this
tion. This section of the response plan section.
must include— (5) The information that is to be pro-
(1) A list of tank barges covered by vided in the initial and any follow-up
the plan, which must include the coun- notifications required by paragraph
try of registry, call sign, IMO inter- (b)(1) of this section.
national numbers (if applicable), and (i) The initial notification informa-
official numbers of the listed tank tion must include at least the fol-
barges; lowing information:
(2) The name, address, and procedures (A) Towing vessel name (if applica-
for contacting the barge’s owner or op- ble);
erator on a 24-hour basis; (B) Tank barge name, country of reg-
(3) A list of the COTP zones in which istry, and official number;
the tank barges covered by the plan in- (C) Date and time of the incident;
tend to handle, store, or transport oil; (D) Location of the incident;
(4) A table of contents or index of suf- (E) Course, speed, and intended track
ficient detail to permit personnel with of towing vessel (if applicable);
responsibilities under the response plan (F) Radio station(s) frequencies
to locate the specific sections of the guarded by towing vessel (if applica-
plan; and ble);
(5) A record of change(s) page used to (G) Date and time of next report;
record information on plan reviews, up- (H) Type and quantity of oil on
dates or revisions. board;
(b) Notification procedures. This sec- (I) Nature and details of defects, defi-
tion of the response plan must include ciencies, and damage (e.g., grounding,
the following notification information: collision, hull failure, etc.);
(1) A checklist with all notifications. (J) Details of pollution, including es-
The checklist must include notifica- timate of oil discharged or threat of
tions required by MARPOL 73/78, 33 discharge;
CFR part 153, and any applicable State, (K) Weather and sea conditions on
including telephone or other contact scene;
numbers, in the order of priority and (L) Barge size and type;
the information required for those no- (M) Actions taken or planned by per-
tifications to be made by the— sons on scene;
(i) Towing vessel; (N) Current condition of the barge;
(ii) Vessel owner or operator; or and
(iii) Qualified individual. (O) Details of injuries, if any.
(2) Identification of the person(s) to (ii) After the transmission of the ini-
be notified of a discharge or substantial notification, as much as possible of
tial threat of a discharge of oil. If the the information essential for the pro-
notifications vary due to the location tection of the marine environment as

of the barge, the persons to be notified is appropriate to the incident must be
also must be identified in a geographic- reported to the appropriate on-scene
426
coordinator in a follow-up report. This (i) The procedures must identify the
information must include— response resources necessary to carry
(A) Additional detail on the type of out the transfers, including—
cargo on board; (A) Fendering equipment (ship-to-
(B) Additional details on the condi- ship only);
tion of the barge and ability to transfer (B) Transfer hoses and connection
cargo, ballast, and fuel; equipment;
(C) Additional details on the quan- (C) Portable pumps and ancillary
tity, extent and movement of the pol- equipment; and
lution and whether the discharge is (D) Lightering vessels (ship-to-ship
continuing; only).
(D) Any changes in the on-scene (ii) Reference can be made to sepa-
weather or sea conditions; and rate oil transfer procedures or a
(E) Actions being taken with regard lightering plan provided that safety
to the discharge and the movement of considerations are summarized in the
the vessel. response plan.
(6) Identification of the person(s) to
(iii) The location of all equipment
be notified of a vessel casualty poten-
and fittings, if any, to perform such
tially affecting the seaworthiness of a
transfers must be identified;
vessel and the information to be pro-
(6) The procedures and arrangements
vided by the towing vessel personnel or
for emergency towing, including the
tankermen, as applicable, to shore-
rigging and operation of any emer-
based personnel to facilitate the assess-
gency towing equipment, including
ment of damage stability and stress.
that required by subpart B of this part
(c) Shipboard spill mitigation proce-
aboard the barge;
dures. This section of the response plan
must include— (7) The location and procedures for
(1) Procedures to be followed by the use of equipment stowed aboard either
tankerman, as defined in 46 CFR 35.35– the barge or towing vessel to mitigate
1, to mitigate or prevent any discharge an oil discharge;
or a substantial threat of such a dis- (8) The responsibilities of the towing
charge of oil resulting from oper- vessel crew and facility or fleeting area
ational activities and casualties. These personnel, if any, to initiate a response
procedures must address personnel ac- and supervise shore-based response re-
tions in the event of a— sources;
(i) Transfer system leak; (9) Damage stability, if applicable,
(ii) Tank overflow; or and hull stress considerations when
(iii) Suspected cargo tank or hull performing on board mitigation meas-
leak; ures. This section must identify and
(2) Procedures in the order of priority describe—
for the towing vessel or barge owner or (i) Activities in which the towing
operator to mitigate or prevent any vessel crew or tankerman is trained
discharge or a substantial threat of and qualified to execute absent shore-
such a discharge of oil in the event of based support or advice;
the following casualties or emer- (ii) The individuals who shall be noti-
gencies: fied of a casualty potentially affecting
(i) Grounding or stranding; the seaworthiness of the barge; and
(ii) Collision; (iii) The information that must be
(iii) Explosion or fire, or both; provided by the towing vessel to facili-
(iv) Hull failure; tate the assessment of damage sta-
(v) Excessive list; and bility and stress; and
(3) Procedures for tankermen or tow- (10)(i) Location of barge plans nec-
ing vessel crew to employ discharge re- essary to perform salvage, stability,
moval equipment required by subpart B and hull stress assessments. A copy of
of this part; these barge plans must be maintained
(4) The procedures for the internal ashore by either the barge owner or op-
transfer of cargo in an emergency; erator or the vessel’s recognized classi-

(5) The procedures for ship-to-ship fication society. The response plan
transfers of cargo in an emergency: must indicate the shore location and
427
§ 155.1040 33 CFR Ch. I (7–1–20 Edition)
24-hour access procedures of the fol- section or, if more appropriate, in a ge-
lowing plans: ographic-specific appendix and ref-
(A) General arrangement plan. erenced in this section:
(B) Midship section plan. (1) Barge owner or operator.
(C) Lines plan or table of offsets, as (2) Qualified individual and alternate
available. qualified individual for the tank
(D) Tank tables; and barge’s area of operation.
(ii) Plans for offshore oil barges must (3) Applicable insurance representa-
identify the shore location and 24-hour tives or surveyors for the barge’s
access procedures for the computerized area(s) of operation.
shore-based damage stability and resid- (4) Person(s) within the oil spill re-
ual structural strength calculation moval organization to notify for acti-
programs required by § 155.240. vation of that oil spill removal organi-
(d) Shore-based response activities. This zation for the spill scenarios identified
section of the response plan must in- in paragraph (j)(5) of this section for
clude the following information: the barges’s area(s) of operation.
(1) The qualified individual’s respon- (5) Person(s) within the identified re-
sibilities and authority, including im- sponse organization to notify for acti-
mediate communication with the Fed- vating that organization to provide:
eral on-scene coordinator and notifica- (i) The required emergency lightering
tion of the oil spill removal organiza- required by §§ 155.1050(j), 155.1052(g),
tion(s) identified in the plan. 155.1230(g), and 155.2230(g), as applicable
(2) If applicable, procedures for trans- to the type of service of the barge(s);
ferring responsibility for direction of and
response activities from towing vessel (ii) The required salvage and fire
personnel or tankermen to the shore- fighting required by §§ 155.1050(j),
based spill management team. 155.1052(e), 155.1230(e), and 155.2230(e), as
(3) The procedures for coordinating applicable to the type of service of the
the actions of the barge owner or oper- barge(s).
ator of qualified individual with the ac- (6) Person(s) to notify for activation
tion of the predesignated Federal on- of the spill management team for the
scene coordinator responsible for over- spill response scenarios identified in
seeing or directing those actions. paragraph (j)(5) of this section for the
(4) The organizational structure that vessel’s area of operation.
will manage the barge owner or opera- (f) Training procedures. This section of
tor’s response actions. This structure the response plan must address the
must include the following functional training procedures and programs of
areas and must further include infor- the barge owner or operator to meet
mation for key components within the requirements in § 155.1055.
each functional area: (g) Exercise procedures. This section of
(i) Command and control; the response plan must address the ex-
(ii) Public information; ercise program carried out by the barge
(iii) Safety; owner or operator to meet the require-
(iv) Liaison with government agen- ments in § 155.1060.
cies; (h) Plan review, update, revisions
(v) Spill response operations; amendment, and appeal procedure. This
(vi) Planning; section of the response plan must ad-
(vii) Logistics support; and dress—
(viii) Finance. (1) The procedures to be followed by
(5) The responsibilities of, duties of, the barge owner or operator to meet
and functional job descriptions for each the requirements of § 155.1070; and
oil spill management team position (2) The procedures to be followed for
within the organizational structure any post-discharge review of the plan
identified in paragraph (d)(4) of this to evaluate and validate its effective-
section. ness.
(e) List of contacts. The name, loca- (i) On board notification checklist and
tion, and 24-hour contact information emergency procedures. This portion of

for the following key individuals and the response plan must be maintained
organizations must be included in this in the documentation container aboard
428
the unmanned barge. The owner or op- (i) An average most probable dis-
erator of an unmanned tank barge sub- charge.
ject to this section shall provide the (ii) A maximum most probable dis-
personnel of the towing vessel, fleeting charge.
area, or facility that the barge may be (iii) A worst case discharge to the
moored at with the information re- maximum extent practicable.
quired by this paragraph and the re- (6) The organization(s) identified to
sponsibilities that the plan indicates meet the provisions of paragraph (j)(5)
will be carried out by these personnel. of this section must be capable of pro-
The on board notification checklist and viding the equipment and supplies nec-
emergency procedures must include— essary to meet the provisions of
(1) The toll-free number of the Na- §§ 155.1050, 155.1052, 155.1230, and 155.2230,
tional Response Center; as appropriate, and sources of trained
(2) The name and procedures for con- personnel to continue operation of the
tacting a primary qualified individual equipment and staff the oil spill re-
and at least one alternate on a 24-hour moval organization(s) and spill man-
basis; agement team identified for the first
(3) The name, address, and procedure seven days of the response.
for contacting the vessel’s owner or op- (7) The appendix must list the re-
erator on a 24-hour basis; sponse resources and related informa-
(4) The list of information to be pro- tion required under §§ 155.1050, 155.1052,
vided in the notification by the report- 155.1230, 155.2230, and Appendix B of this
ing personnel; part, as appropriate.
(8) If the oil spill removal organiza-
(5) A statement of responsibilities of
tion(s) providing the necessary re-
and actions to be taken by reporting
sponse resources has been evaluated by
personnel after an oil discharge or sub-
the Coast Guard and their capability
stantial threat of such discharge; and
has been determined to equal or exceed
(6) The information contained in
the response capability needed by the
paragraph (c)(1) of this section.
vessel, the appendix may identify only
(j) Geographic-specific appendices for the organization and their applicable
each COTP zone in which a tank barge classification and not the information
operates. A geographic-specific appen- required in paragraph (j)(7) of this sec-
dix must be included for each COTP tion.
zone identified. The appendices must (9) The appendix must include a sepa-
include the following information or rate listing of the resource providers
identify the location of such informa- identified to provide the salvage, vessel
tion within the plan: firefighting, and lightering capabilities
(1) A list of the geographic areas required in this subpart.
(port areas, rivers and canals, Great (10) The appendix must include a sep-
Lakes, inland, nearshore, offshore, and arate listing of the resource providers
open ocean areas) in which the barge and specific resources necessary to pro-
intends to handle, store, or transport vide, if appropriate, the dispersant ca-
oil within the applicable COTP zone. pabilities required in this subpart. The
(2) The volume and group of oil on dispersant resources to be listed within
which the required level of response re- this section must include:
sources are calculated. (i) Identification of a primary dis-
(3) Required Federal or State notifi- persant-staging site or sites to be used
cations applicable to the geographic by each dispersant-application plat-
areas in which the barge operates. form that is ensured available, through
(4) Identification of the qualified in- contract or other approved means, to
dividuals. meet the requirements of § 155.1050(k);
(5) Identification of the oil spill re- (ii) Identification of the type, re-
moval organization(s) that are identi- source provider, location, and dispers-
fied and ensured available, through ant payload for each dispersant-appli-
contract or other approved means and cation platform identified and ensured
the spill management team to provide available. Location data must identify
the response resources necessary to re- the distance between the platform’s
spond to the following spill scenarios: home base and the identified primary
429
§ 155.1045 33 CFR Ch. I (7–1–20 Edition)
dispersant staging sites for this sec- (ii) Worst case discharge.
tion; and, (4) Diagrams showing location of all
(iii) For each unit of dispersant tanks aboard the barge.
stockpile required to support the effec- (5) General arrangement plan (can be
tive daily application capacity (EDAC) maintained separately providing that
of each dispersant-application platform the location is identified).
necessary to sustain each intended re- (6) Midships section plan (can be
sponse tier of operation, identification maintained separately providing that
of the dispersant product resource pro- the location is identified).
vider, location, and volume. Location (7) Cargo and fuel piping diagrams
data must include the stockpile’s dis- and pumping plan, as applicable (can
tance to the primary staging sites be maintained separately providing
where it will be loaded onto the cor- that the location is identified).
responding platforms. If an oil spill re- (8) Damage stability data, if applica-
moval organization has been evaluated ble.
by the Coast Guard and its capability (9) Location of cargo and fuel stow-
has been determined to equal or exceed age plan for barge(s) (normally main-
the response capability needed by the tained separately).
owner or operator, the appendix may (10) Location of information on the
identify only the oil spill removal or- name, description, physical and chem-
ganization, and not the information re- ical characteristics, health and safety
quired in paragraphs (j)(10)(i) through hazards, and spill and firefighting pro-
(j)(10)(iii) of this section. cedures for the oil cargo aboard the
(11) The appendix must include a sep- barge. A material safety data sheet
arate listing of the resource providers meeting the requirements of 29 CFR
and specific resources necessary to pro- 1910.1200, SOLAS 74 regulation VI/5–1,
vide oil-tracking capabilities required cargo information required by 33 CFR
in this subpart. The oil tracking re- 154.310, or equivalent will meet this re-
sources listed within this section must quirement. This information can be
include: maintained separately.
(i) The identification of a resource
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
provider; and, amended by USCG–2001–8661, 74 FR 45027,
(ii) The type and location of aerial Aug. 31, 2009; USCG–2010–0351, 75 FR 36285,
surveillance aircraft that have been en- June 25, 2010; USCG–2010–0194, 80 FR 5933,
sured available, through contract or Feb. 4, 2015]
other approved means, to meet the oil
tracking requirements of § 155.1050(l) of § 155.1045 Response plan requirements
this chapter. for vessels carrying oil as a sec-
(k) Appendices for barge-specific infor- ondary cargo.
mation. Because many of the tank (a) General information and introduc-
barges covered by a response plan may tion. This section of the response plan
be of the same design, this information must include—
does not need to be repeated provided (1) The vessel’s name, country of reg-
the plan identifies the tank barges to istry, call sign, official number, and
which the same information would IMO international number (if applica-
apply. The information must be part of ble). If the plan covers multiple ves-
the response plan unless specifically sels, this information must be provided
noted. This section must include for for each vessel;
each barge covered by the plan the fol- (2) The name, address, and procedures
lowing information: for contacting the vessel’s owner or op-
(1) List of the principal characteris- erator on a 24-hour basis;
tics of the vessel. (3) A list of COTP zones in which the
(2) Capacities of all cargo, fuel, lube vessel intends to handle, store, or
oil, and ballast tanks. transport oil;
(3) The total volumes and cargo (4) A table of contents or index of suf-
group(s) of oil cargo that would be in- ficient detail to permit personnel with
volved in the— responsibilities under the response plan

(i) Maximum most probable dis- to locate the specific sections of the
charge; and plan; and
430
(5) A record of change(s) page used to (5) The information that is to be pro-
record information on plan updates or vided in the initial and any follow-up
revisions. notifications required by paragraph
(6) As required in paragraph (c) of (b)(1) of this section.
this section, the vessel owner or oper- (i) The initial notification may be
ator must list in his or her plan the submitted in accordance with IMO Res-
total volume of oil carried in bulk as olution A648(16) ‘‘General Principles for
cargo. Ship Reporting Systems and Ship Re-
(i) For vessels that transfer a portion porting Requirements.’’ It must in-
of their fuel as cargo, 25 percent of the clude at least the following informa-
fuel capacity of the vessel plus the cation:
pacity of any oil cargo tank(s) will be (A) Vessel name, country of registry,
assumed to be the cargo volume for de- call sign, IMO international number (if
termining applicable response plan re- applicable), and official number (if
quirements unless the vessel owner or any);
operator indicates otherwise. (B) Date and time of the incident;
(ii) A vessel owner or operator can (C) Location of the incident;
use a volume less than 25 percent if he (D) Course, speed, and intended track
or she submits historical data with the of vessel;
plan that substantiates the transfer of (E) Radio station(s) and frequencies
a lower percentage of its fuel capacity guarded;
between refuelings. (F) Date and time of next report;
(b) Notification procedures. This sec- (G) Type and quantity of oil on
tion of the response plan must include board;
the following notification information: (H) Nature and detail of defects, defi-
(1) A checklist with all notifications, ciencies, and damage (e.g., grounding,
including telephone or other contact collision, hull failure, etc.);
numbers, in the order of priority to be (I) Details of pollution, including es-
made by shipboard or shore-based per- timate of oil discharged or threat of
sonnel and the information required for discharge;
those notifications. Notifications must (J) Weather and sea conditions on
include those required by— scene;
(i) MARPOL 73/78 and 33 CFR part (K) Ship size and type;
153; and (L) Actions taken or planned by per-
(ii) Any applicable State. sons on scene;
(2) Identification of the person(s) to (M) Current conditions of the vessel;
be notified of a discharge or substan- and
tial threat of discharge of oil. If notifi- (N) Number of crew and details of in-
cations vary due to vessel location, the juries, if any.
person(s) to be notified also must be (ii) After the transmission of the ini-
identified in a geographic-specific ap- tial notification, as much as possible of
pendix. This section must separately the information essential for the pro-
identify— tection of the marine environment as
(i) The individual(s) or organiza- is appropriate to the incident must be
tion(s) to be notified by shipboard per- reported to the appropriate on-scene
sonnel; and coordinator in a follow-up report. This
(ii) The individual(s) or organiza- information must include—
tion(s) to be notified by shore-based (A) Additional details on the type of
personnel. cargo on board;
(3) The procedures for notifying the (B) Additional details on the condi-
qualified individual and alternate tion of the vessel and ability to trans-
qualified individual. fer cargo, ballast, and fuel;
(4) Descriptions of the primary and, if (C) Additional details on the quan-
available, secondary communication tity, extent and movement of the pol-
methods by which the notifications lution and whether the discharge is
will be made, consistent with the re- continuing;

quirements in paragraph (b)(1) of this (D) Any changes in the on-scene
section. weather or sea conditions; and
431
§ 155.1045 33 CFR Ch. I (7–1–20 Edition)
(E) Actions being taken with regard sonnel to the shore-based spill manage-
to the discharge and the movement of ment team.
the ship. (3) The procedures for coordinating
(c) Shipboard spill mitigation proce- the actions of the vessel owner or oper-
dures. This section of the response plan ator with the actions of the
must identify the vessel’s total vol- predesignated Federal on-scene coordi-
umes of oil carried in bulk as cargo and nator responsible for overseeing or di-
meet the applicable requirements of recting those actions.
this paragraph as in paragraph (a)(6) of (4) The organizational structure that
this section. will be used to manage the response ac-
(1) For vessels carrying 100 barrels or tions. This structure must include the
less of oil in bulk as cargo, the plan following functional areas and must
must include a basic emergency action further include information for key
checklist for vessel personnel including components within each functional
notification and actions to be taken to area:
prevent or mitigate any discharge or (i) Command and control;
substantial threat of such a discharge (ii) Public information;
of oil from the vessel. (iii) Safety;
(2) For vessels carrying over 100 bar- (iv) Liaison with government agen-
rels of oil but not exceeding 5,000 bar- cies;
rels of oil in bulk as cargo, the plan (v) Spill response operations;
must include— (vi) Planning;
(i) Detailed information on actions to
(vii) Logistics support; and
be taken by vessel personnel to prevent
(viii) Finance.
or mitigate any discharge or substan-
tial threat of such a discharge of oil (5) The responsibilities, duties, and
from the vessel due to operational ac- functional job description for each oil
tivities or casualties; spill management team member within
(ii) Detailed information on damage the organizational structure identified
control procedures to be followed by in paragraph (d)(4) of this section.
vessel personnel; (e) List of contacts. The name, loca-
(iii) Detailed procedures for internal tion, and 24-hour contact information
or external transfer of oil in bulk as for the following key individuals or or-
cargo in an emergency; and ganizations must be included in this
(iv) Procedures for use of any equip- section or, if more appropriate, in a ge-
ment carried aboard the vessel for spill ographic-specific appendix and ref-
mitigation. erenced in this section:
(3) For vessels carrying over 5,000 (1) Vessel owner or operator, and if
barrels of oil as a secondary cargo, the applicable, charterer.
plan must provide the information re- (2) Qualified individual and alternate
quired by § 155.1035(c) for shipboard qualified individual for the vessel’s
spill mitigation procedures. area of operation.
(4) For all vessels, the plan must in- (3) Vessel’s local agent(s), if applica-
clude responsibilities and actions to be ble, for the vessel’s area of operation.
taken by vessel personnel, if any, to (4) Applicable insurance representa-
initiate a response and supervise shore- tives or surveyors for the vessel’s area
based response resources. of operation.
(d) Shore-based response activities. This (5) Person(s) within the identified oil
section of the response plan must in- spill removal organization(s) to notify
clude the following information: for activation of the oil spill removal
(1) The qualified individual’s respon- organization(s) identified under para-
sibilities and authority, including im- graph (i)(3) of this section for the ves-
mediate communication with the Fed- sel’s area of operation.
eral on-scene coordinator and notifica- (6) Person(s) to notify for activation
tion of the oil spill removal organiza- of the spill management team.
tion(s) identified in the plan. (f) Training procedures. (1) This sec-
(2) If applicable, procedures for trans- tion of the response plan must address
ferring responsibility for direction of the training procedures and programs
response activities from vessel per- of the vessel owner or operator. The
432
vessel owner or operator shall ensure (1) The procedures to be followed by

that— the vessel owner or operator to meet
(i) All personnel with responsibilities the requirement of § 155.1070; and
under the plan receive training in their (2) The procedures to be followed for
assignments and refresher training as any post-discharge review of the plan
necessary, and participate in exercises to evaluate and validate its effective-
required under paragraph (g) of this ness
section. Documented work experience (i) Geographic-specific appendices for
can be used instead of training; and each COTP zone in which a vessel oper-
(ii) Records of this training are main- ates. A geographic-specific appendix
tained aboard the vessel, at the U.S. lo- must be included for each COTP zone
cation of the spill management team, identified. The appendix must include
or with the qualified individual. The the following information or identify
plan must specify where the records the location of such information within
are located. the plan:
(2) Nothing in this section relieves (1) Required Federal or State notifi-
the vessel owner or operator from re- cations applicable to the geographic
sponsibility to ensure that all private areas in which a vessel operates.
shore-based response personnel are (2) Identification of the qualified in-
trained to meet the Occupational Safe- dividuals.
ty and Health Administration (OSHA) (3) A list of the oil spill removal or-
standards for emergency response oper- ganization(s) and the spill management
ations in 29 CFR 1910.120. team(s) available to respond to the ves-
(g) Exercise procedures. This section of sel’s worst case oil discharge in each
the response plan must address the ex- COTP zone in which a vessel operates.
ercise program carried out by the ves- The oil spill removal organization(s)
sel owner or operator to evaluate the identified must be capable of com-
ability of vessel and shore-based per- mencing oil spill containment and on-
sonnel to perform their identified func- water recovery within the response
tions in the plan. The required exercise times listed for Tier 1 in § 155.1050(g);
frequency for each category of vessel is providing temporary storage of recov-
as follows: ered oil; and conducting shoreline pro-
tection and cleanup operations. An oil
(1) For vessels carrying 100 barrels or
spill removal organization may not be
less of oil as cargo—
identified in the plan unless the organi-
(i) On board spill mitigation proce-
zation has provided written consent to
dures and qualified individual notifica-
being identified in the plan as an avail-
tion exercises must be conducted annu-
able resource.
ally; and
(j) Appendices for vessel-specific infor-
(ii) Shore-based oil spill removal or- mation. This section must include for
ganization exercises must be conducted each vessel covered by the plan the fol-
biennially. lowing information:
(2) For vessels carrying over 100 bar- (1) List of the vessel’s principal char-
rels and up to 5,000 barrels of oil in acteristics (i.e., length, beam, gross
bulk as cargo— tonnage, etc.).
(i) On board emergency procedures (2) Capacities of all cargo, fuel, lube
and qualified individual notification oil, ballast, and fresh water tanks.
exercises must be conducted quarterly; (3) The total volume and cargo
and groups of oil cargo that would be in-
(ii) Shore-based oil spill removal or- volved in the—
ganization exercises must be conducted (i) Maximum most probable dis-
annually. charge; and
(3) Vessels carrying over 5,000 barrels (ii) Worst case discharge.
of oil in bulk as cargo must meet the (4) Diagrams showing location of all
exercise requirement of § 155.1060. tanks.
(h) Plan review, update, revision, (5) Cargo and fuel piping diagrams
amendment, and appeal procedures. This and pumping plan as applicable. These
section of the response plan must ad- diagrams and plans can be maintained
dress— separately aboard the vessel providing
433
§ 155.1050 33 CFR Ch. I (7–1–20 Edition)
the response plan identifies the loca- (2) A less stringent operating envi-
tion. ronment if the prevailing wave condi-
(6) Location of information on the tions do not exceed the significant
name, description, physical and chem- wave height criteria for the less strin-
ical characteristics, health and safety gent operating environment during
hazards, and spill and firefighting pro- more than 35 percent of the year.
cedures for the oil cargo aboard the (c) Response equipment must—
vessel. A material safety data sheet (1) Meet or exceed the criteria listed
meeting the requirements of 29 CFR in table 1 of appendix B of this part;
1910.1200, SOLAS 74 regulation VI/5–1, (2) Be capable of functioning in the
cargo information required by 33 CFR applicable operating environment; and
154.310, or the equivalent, will meet
(3) Be appropriate for the petroleum
this requirement. This information can
oil carried.
be maintained separately on board the
vessel, providing the response plan (d) The owner or operator of a vessel
identifies the location. that carries groups I through IV petro-
leum oil as a primary cargo shall iden-
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as tify in the response plan and ensure the
amended by USCG–2010–0194, 80 FR 5933, Feb. availability of, through contract or
4, 2015]
other approved means, the response re-
§ 155.1050 Response plan development sources that will respond to a dis-
and evaluation criteria for vessels charge up to the vessel’s average most
carrying groups I through IV petro- probable discharge.
leum oil as a primary cargo. (1) For a vessel that carries groups I
(a) The following criteria must be through IV petroleum oil as its pri-
used to evaluate the operability of re- mary cargo, the response resources
sponse resources identified in the re- must include—
sponse plan for the specified operating (i) Containment boom in a quantity
environment: equal to twice the length of the largest
(1) Table 1 of appendix B of this part. vessel involved in the transfer and ca-
(i) The criteria in table 1 of appendix pable of being deployed at the site of
B of this part are to be used solely for oil transfer operations—
identification of appropriate equip- (A) Within 1 hour of detection of a
ment in a response plan. spill, when the transfer is conducted
(ii) These criteria reflect conditions between 0 and 12 miles from the near-
used for planning purposes to select est shoreline; or
mechanical response equipment and (B) Within 1 hour plus travel time
are not conditions that would limit re- from the nearest shoreline, based on an
sponse actions or affect normal vessel on-water speed of 5 knots, when the
operations. transfer is conducted over 12 miles up
(2) Limitations that are identified in
to 200 miles from the nearest shoreline;
the Area Contingency Plans for the
and
COTP zones in which the vessel oper-
ates, including— (ii) Oil recovery devices and recov-
(i) Ice conditions; ered oil storage capacity capable of
(ii) Debris; being at the transfer site—
(iii) Temperature ranges; and (A) Within 2 hours of the detection of
(iv) Weather-related visibility. a spill during transfer operations, when
(b) The COTP may reclassify a spe- the transfer is conducted between 0 and
cific body of water or location within 12 miles from the nearest shoreline; or
the COTP zone. Any reclassifications (B) Within 1 hour plus travel time
will be identified in the applicable Area from the nearest shoreline, based on an
Contingency Plan. Reclassifications on-water speed of 5 knots, when the
may be to— transfer is conducted over 12 miles up
(1) A more stringent operating envi- to 200 miles from the nearest shoreline.
ronment if the prevailing wave condi- (2) For locations of multiple vessel
tions exceed the significant wave transfer operations, a vessel may iden-
height criteria during more than 35 tify the same equipment as identified
percent of the year; or by other vessels, provided that each
434
vessel has ensured access to the equip- sponse resources are not capable of
ment through contract or other ap- meeting the planned arrival times.
proved means. Under these cir- (f) The owner or operator of a vessel
cumstances, prior approval by the carrying groups I through IV petro-
Coast Guard is not required for tem- leum oil as a primary cargo must iden-
porary changes in the contracted oil tify in the response plan and ensure the
spill removal organization under availability of, through contract or
§ 155.1070(c)(5). other approved means, the response re-
(3) The owner or operator of a vessel sources necessary to respond to dis-
conducting transfer operations at a fa- charges up to the worst case discharge
cility required to submit a response volume of the oil cargo to the max-
plan under 33 CFR 154.1017 is required imum extent practicable.
to plan for and identify the response (1) The location of these resources
resources required in paragraph (d)(1) must be suitable to meet the response
of this section. However, the owner or times identified for the applicable geo-
operator is not required to ensure by graphic area(s) of operation and re-
contract or other means the avail- sponse tier.
ability of such resources. (2) The response resources must be
(e) The owner or operator of a vessel appropriate for—
carrying groups I through IV petro- (i) The capacity of the vessel;
leum oil as a primary cargo must iden- (ii) Group(s) of petroleum oil carried
tify in the response plan and ensure the as cargo; and
availability of, through contract or (iii) The geographic area(s) of vessel
other approved means, the response re- operation.
sources necessary to respond to a dis- (3) The resources must include suffi-
charge up to the vessel’s maximum cient boom, oil recovery devices, and
most probable discharge volume. storage capacity to recover the plan-
ning volumes.
(1) These resources must be posi-
(4) The response plan must identify
tioned such that they can arrive at the
the storage location, make, model, and
scene of a discharge within—
effective daily recovery capacity of
(i) 12 hours of the discovery of a dis-
each oil recovery device that is identi-
charge in higher volume port areas and
fied for plan credit.
the Great Lakes;
(5) The guidelines in appendix B of
(ii) 24 hours of the discovery of a dis- this part must be used for calculating
charge in all rivers and canals, inland, the quantity of response resources re-
nearshore and offshore areas; and quired to respond at each tier to the
(iii) 24 hours of the discovery of a dis- worst case discharge to the maximum
charge plus travel time from shore for extent practicable.
open ocean areas. (6) When determining response re-
(2) The necessary response resources sources necessary to meet the require-
include sufficient containment boom, ments of this paragraph (f)(6), a portion
oil recovery devices, and storage capac- of those resources must be capable of
ity for any recovery of up to the max- use in close-to-shore response activi-
imum most probable discharge plan- ties in shallow water. The following
ning volume. percentages of the response equipment
(3) The response plan must identify identified for the applicable geographic
the storage location, make, model, and area must be capable of operating in
effective daily recovery capacity of waters of 6 feet or less depth:
each oil recovery device that is identi- (i) Open ocean—none.
fied for plan credit. (ii) Offshore—10 percent.
(4) The response resources identified (iii) Nearshore, inland, Great Lakes,
for responding to a maximum most and rivers and canals—20 percent.
probable discharge must be positioned (7) Response resources identified to
to be capable of meeting the planned meet the requirements of paragraph
arrival times in this paragraph. The (f)(6) of this section are exempt from
COTP with jurisdiction over the area the significant wave height planning
in which the vessel is operating must requirements of table 1 of appendix B
be notified whenever the identified re- of this part.
435
§ 155.1050 33 CFR Ch. I (7–1–20 Edition)
(g) Response equipment identified to means, of response resources capable of

respond to a worst case discharge must conducting dispersant operations with-
be capable of arriving on scene within in those areas.
the times specified in this paragraph (1) Dispersant response resources
for the applicable response tier in a must be capable of commencing dis-
higher volume port area, Great Lakes, persant-application operations at the
and in other areas. Response times for site of a discharge within 7 hours of the
these tiers from the time of discovery decision by the Federal On-Scene Coor-
of a discharge are— dinator to use dispersants.
(2) Dispersant response resources
must include all of the following:
Higher volume port 12 hrs ...... 36 hrs ...... 60 hrs (i) Sufficient dispersant capability
area (except tank- for application as required by para-
ers in Prince Wil-
liam Sound cov- graph (k)(3) of this section. Any
ered by dispersants identified in a response
§ 155.1135). plan must be of a type listed on the Na-
Great Lakes ............. 18 hrs ...... 42 hrs ...... 66 hrs
All other rivers & ca- 24 hrs ...... 48 hrs ...... 72 hrs
tional Oil and Hazardous Substances
nals, inland, near- Pollution Contingency Plan Product
shore, and off- Schedule (contained in 40 CFR part 300,
shore areas. and available online from the U.S. Gov-
Open ocean (plus 24 hrs + ... 48 hrs + ... 72 hrs +
travel time from ernment Printing Office).
shore). (ii) Dispersant-application platforms
capable of delivering and applying dis-
(h) For the purposes of arranging for persant in the amounts required by
response resources through contract or paragraph (k)(3) of this section. At
other approved means, response equip- least 50 percent of each effective daily
ment identified for Tier 1 plan credit application capacity (EDAC) tier re-
must be capable of being mobilized and quirement must be achieved through
enroute to the scene of a discharge the use of fixed wing aircraft-based ap-
within 2 hours of notification. The no- plication platforms. The adequacy of
tification procedures identified in the dispersant-application platforms not
plan must provide for notification and detailed within the EDSP must be doc-
authorization for mobilization of iden- umented by presentation of inde-
tified Tier 1 response resources— pendent evaluation materials (e.g.,
(1) Either directly or through the field tests and reports of actual use).
qualified individual; and (iii) Dispersant-application personnel
(2) Within 30 minutes of a discovery trained in and capable of applying
of a discharge or substantial threat of dispersants within the performance cri-
discharge. teria in ASTM F1413–07 (incorporated
(i) Response resources identified for by reference, see § 155.140). The ade-
Tier 2 and Tier 3 plan credit must be quacy of dispersant-application sys-
capable of arriving on scene within the tems not fully covered by ASTM F1413–
time listed for the applicable tier. 07, such as fire monitor-type applica-
(j) Salvage (including lightering) and tors, must be documented by presen-
marine firefighting requirements are tation of independent evaluation mate-
found in subpart I of this part. rials (e.g., laboratory tests, field tests,
(k) The owner or operator of a vessel and reports of actual use).
carrying groups II through IV petro- (iv) Dispersant-application systems
leum oil as a primary cargo that oper- ensured to be available, including
ates in any inland, nearshore, or off- trained personnel, that are capable of
shore area with pre-authorization for applying dispersants in accordance
dispersant use must identify in their with the recommended procedures in
response plan, and ensure availability ASTM F1737–07 (incorporated by ref-
through contract or other approved erence, see § 155.140).
436
TABLE 155.1050(k)—TIERS FOR EFFECTIVE DAILY APPLICATION CAPABILITY

Response Dispersant application Dispersant application
time for dispersant: oil treated in dispersant: oil treated in
completed gallons gallons
application (Gulf Coast) 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
NOTE: Gulf Coast Tier 1 is higher due to capable of coordinating on-scene clean-
greater potential spill size and frequency in up operations, including dispersant, in-
that area, and it is assumed that dispersant situ burning, and mechanical recovery
stockpiles would be centralized in the Gulf
area. Alternative application ratios may be
operations;
considered based on submission to Coast (iii) Observation personnel must be
Guard Headquarters, Office of Incident Man- trained in the protocols of oil spill re-
agement & Preparedness (CG–533) of peer-reporting and assessment, including esti-
viewed scientific evidence of improved capa- mation of slick size, thickness, and
bility. quantity. Observation personnel must
(3) Dispersant stockpiles, application be trained in the use of assessment
platforms, and other supporting re- techniques in ASTM F1779–08 (incor-
sources must be ensured available in a porated by reference, see § 155.140), and
quantity and type sufficient to treat a familiar with the use of pertinent
vessel’s worst case discharge (as deter- guides, including, but not limited to,
mined by using the criteria in Section NOAA’s ‘‘Open Water Oil Identification
8 of appendix B), or in quantities suffi- Job Aid for Aerial Observation’’ and
cient to meet the requirements in the ‘‘Characteristic Coastal Habitats’’
Table 155.1050(k), whichever is the less- guide; and
er amount. (iv) The capability of supporting oil
(l) The owner or operator of a vessel spill removal operations continuously
carrying groups I through IV petro- for three 10-hour operational periods
leum oil as a primary cargo must iden- during the initial 72 hours of the dis-
tify in the response plan, and ensure charge.
their availability through contract or (m) [Reserved]
other approved means, response re- (n) The owner or operator of a vessel
sources necessary to provide aerial oil carrying groups I through IV petro-
tracking to support oil spill assessment leum oil as a primary cargo must iden-
and cleanup activities. Vessels oper- tify in the response plan and ensure the
ating on inland rivers are not required availability of, through contract or
to comply with this paragraph. other approved means, response re-
(1) Aerial oil tracking resources must sources necessary to perform shoreline
be capable of arriving at the site of a protection operations.
discharge in advance of the arrival of (1) The response resources must in-
response resources identified in the clude the quantities of boom listed in
plan for tiers 1, 2, and 3 Worst Case Dis- table 2 of appendix B of this part, based
charge response times, and for a dis- on the areas in which the vessel oper-
tance up to 50 nautical miles from ates.
shore (excluding inland rivers). (2) Vessels that intend to offload
(2) Aerial oil tracking resources must their cargo at the Louisiana Offshore
include the following: Oil Port (LOOP) marine terminal are
(i) Appropriately located aircraft and not required to comply with the re-
personnel capable of meeting the requirements of this paragraph when
sponse time requirement for oil track- they are within the offshore area and
ing in § 155.1050(l)(1) of this section; under one of the following conditions:
(ii) Sufficient numbers of aircraft, pi- (i) Approaching or departing the
lots, and trained observation personnel LOOP marine terminal within the
to support oil spill operations, com- LOOP Shipping Safety Fairway, as de-
mencing upon initial assessment, and fined in 33 CFR 166.200.
437
§ 155.1052 33 CFR Ch. I (7–1–20 Edition)
(ii) Moored at the LOOP marine ter- the nearest available resource permits.
minal for the purposes of cargo trans- A response plan must identify the spe-
fer operations or anchored in the des- cific sources, locations, and quantities
ignated anchorage area awaiting dis- of this additional equipment. No con-
charge. tract is required.
(o) The owner or operator of a vessel (q) The Coast Guard will continue to
carrying groups I through IV petro- evaluate the environmental benefits,
leum oil as a primary cargo must iden- cost efficiency and practicality of in-
tify in the response plan and ensure the creasing mechanical recovery capa-
availability of, through contract or bility requirements. This continuing
other approved means, an oil spill re- evaluation is part of the Coast Guard’s
moval organization capable of effecting long term commitment to achieving
a shoreline cleanup operation commen- and maintaining an optimum mix of oil
surate with the quantity of emulsified spill response capability across the full
petroleum oil to be planned for in spectrum of response modes. As best
shoreline cleanup operations. available technology demonstrates a
(1) The shoreline cleanup resources need to evaluate or change mechanical
required must be determined as de- recovery capacities, a review of cap in-
scribed in appendix B of this part. creases and other requirements con-
(2) Vessels that intend to offload tained within this subpart may be per-
their cargo at the Louisiana Offshore formed. Any changes in the require-
Oil Port (LOOP) marine terminal are ments of this section will occur
not required to comply with the re- through a public notice and comment
quirements of this paragraph when process. During this review, the Coast
they are within the offshore area and Guard will determine if established
under one of the following conditions: caps remain practicable and if in-
(i) Approaching or departing the creased caps will provide any benefit to
LOOP marine terminal within the oil spill recovery operations. The re-
LOOP Shipping Safety Fairway as de- view will include and evaluation of:
fined in 33 CFR 166.200. (1) Best available technologies for
(ii) Moored at the LOOP marine ter- containment and recovery;
minal for the purposes of cargo trans- (2) Oil spill tracking technology;
fer operations or anchored in the des- (3) High rate response techniques;
ignated anchorage area awaiting dis- (4) Other applicable response tech-
charge. nologies; and
(5) Increases in the availability of
(p) Appendix B of this part sets out
private response resources.
caps that recognize the practical and
technical limits of response capabili- [CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
ties for which an individual vessel amended by USCG–2008–0179, 73 FR 35015,
owner or operator can contract in ad- June 19, 2008; USCG–1998–3417, 73 FR 80649,
Dec. 31, 2008; USCG–2001–8661, 74 FR 45028,
vance. Table 6 in appendix B lists the
Aug. 31, 2009; USCG–2018–0874, 84 FR 30880,
contracting caps that are applicable, as June 28, 2019]
of February 18, 1993, and that are slated
to apply on February 18, 1998. The § 155.1052 Response plan development
owner or operator of a vessel carrying and evaluation criteria for vessels
groups I through IV petroleum oil as a carrying group V petroleum oil as a
primary cargo, whose required daily re- primary cargo.
covery capacity exceeds the applicable (a) Owners and operators of vessels
contracting caps in table 6, shall iden- that carry group V petroleum oil as a
tify commercial sources of additional primary cargo must provide informa-
equipment equal to twice the cap listed tion in their plan that identifies—
for each tier or the amount necessary (1) Procedures and strategies for re-
to reach the calculated planning vol- sponding to discharges up to a worst
ume, whichever is lower, to the extent case discharge of group V petroleum
that this equipment is available. The oils to the maximum extent prac-
equipment so identified must be capa- ticable; and
ble of arriving on scene no later than (2) Sources of the equipment and sup-
the applicable tier response times con- plies necessary to locate, recover, and
tained in § 155.1050(g) or as quickly as mitigate such a discharge.
438
(b) Using the criteria in Table 1 of (2) A company with vessel fire-
Appendix B of this part, an owner or fighting capability that will respond to
operator of a vessel carrying group V casualties in the area(s) in which the
petroleum oil as a primary cargo must vessel is operating.
ensure that any equipment identified (f) Vessel owners or operators must
in a response plan is capable of oper- identify intended sources of the re-
ating in the conditions expected in the sources required under paragraph (e) of
geographic area(s) in which the vessel this section capable of being deployed
operates. When evaluating the oper- to the areas in which the vessel will op-
ability of equipment, the vessel owner erate. A company may not be listed in
or operator must consider limitations the plan unless the company has pro-
that are identified in the Area Contin- vided written consent to be listed in
gency Plans for the COTP zones in the plan as an available resource. To
which the vessel operates, including— meet this requirement in a response
(1) Ice conditions; plan submitted for approval or re-
(2) Debris; approval on or after February 18, 1998,
(3) Temperature ranges; and the vessel owner or operator must iden-
(4) Weather-related visibility. tify both the intended sources of this
(c) The owner or operator of a vessel capability and demonstrate that the
carrying group V petroleum oil as a resources are capable of being deployed
primary cargo must identify in the re- to the port nearest to the area where
sponse plan and ensure, through con- the vessel operates within 24 hours of
tract or other approved means, the discovery of a discharge.
availability of required equipment, in- (g) The owner or operator of a vessel
cluding— carrying group V petroleum oil as a
(1) Sonar, sampling equipment, or primary cargo shall identify in the re-
other methods for locating the oil on sponse plan and ensure the availability
the bottom or suspended in the water of certain resources required by
column; §§ 155.1035(c)(5)(ii) and 155.1040(c)(5)(i),
(2) Containment boom, sorbent boom, as applicable, through contract or
silt curtains, or other methods for con- other approved means.
taining oil that may remain floating (1) Resources must include—
on the surface or to reduce spreading (i) Fendering equipment;
on the bottom;
(ii) Transfer hoses and connection
(3) Dredges, pumps, or other equip-
equipment; and
ment necessary to recover oil from the
bottom and shoreline; and (iii) Portable pumps and ancillary
equipment necessary to offload the ves-
(4) Other appropriate equipment nec-
sel’s largest cargo tank in 24 hours of
essary to respond to a discharge involv-
continuous operation.
ing the type of oil carried.
(d) Response resources identified in a (2) Resources must be capable of
response plan under paragraph (c) of reaching the locations in which the
this section must be capable of being vessel operates within the stated times
deployed within 24 hours of discovery following notification:
of a discharge to the port nearest the (i) Inland, nearshore, and Great
area where the vessel is operating. An Lakes waters—12 hours.
oil spill removal organization may not (ii) Offshore waters and rivers and ca-
be listed in the plan unless the oil spill nals—18 hours.
removal organization has provided (iii) Open ocean waters—36 hours.
written consent to be listed in the plan (3) For barges operating in rivers and
as an available resource. canals as defined in this subpart, the
(e) The owner or operator of a vessel requirements of this paragraph (g)(3)
carrying group V petroleum oil as a may be met by listing resources capa-
primary cargo shall identify in the re- ble of being deployed in an area within
sponse plan and ensure the availability the response times in paragraph (g)(2)
of the following resources through con- of this section. A vessel owner or oper-
tract or other approved means— ator may not identify such resources in
(1) A salvage company with appro- a plan unless the response organization
priate expertise and equipment; and has provided written consent to be
439
§ 155.1055 33 CFR Ch. I (7–1–20 Edition)
identified in a plan as an available re- are trained to meet the Occupational

source. Safety and Health Administration
(OSHA) standards for emergency re-
§ 155.1055 Training. sponse operations in 29 CFR 1910.120.
(a) A response plan submitted to (f) A training plan may be prepared
meet the requirements of § 155.1035 or in accordance with Training Elements
§ 155.5035 must identify the training to for Oil Spill Response to satisfy the re-
be provided to persons having respon- quirements of this section.
sibilities under the plan, including [CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
members of the vessel crew, the quali- amended by USCG–2008–1070, 78 FR 60123,
fied individual, and the spill manage- Sept. 30, 2013]
ment team. A response plan submitted
to meet the requirements of § 155.1040 § 155.1060 Exercises.
must identify the training to be pro- (a) A vessel owner or operator re-
vided to the spill management team, quired by § 155.1035, § 155.1040, or
the qualified individual, and other per- § 155.5035 to have a response plan shall
sonnel in § 155.1040 with specific respon- conduct exercise as necessary to ensure
sibilities under the plan including that the plan will function in an emer-
tankermen and members of the towing gency. Both announced and unan-
vessel crew. The training program nounced exercises must be included.
must differentiate between that train- The following are the minimum exer-
ing provided to vessel personnel and cise requirements for vessels covered
that training provided to shore-based by this subpart:
personnel. Appendix C of this part pro- (1) Qualified individual notification
vides additional guidance regarding exercises, which must be conducted
training. quarterly;
(b) A vessel owner or operator shall (2) Emergency procedures exercises,
ensure the maintenance of records suf- which must be conducted quarterly;
ficient to document this training and (3) Shore-based spill management
make them available for inspection team tabletop exercises, which must be
upon request by the Coast Guard. conducted annually. In a triennial pe-
Records must be maintained for 3 years riod, at least one of these exercises
following completion of training. The must include a worst case discharge
response plan must identify the loca- scenario;
tion of training records, which must (4) Oil spill removal organization
be— equipment deployment exercises,
(1) On board the vessel; which must be conducted annually; and
(2) With the qualified individual; or (5) An exercise of the entire response
(3) At a U.S. location of the spill plan, which must be conducted every 3
management team. years. The vessel owner or operator
(c) A vessel owner or operator may shall design the exercise program so
identify equivalent work experience that all components of the response
which fulfills specific training require- plan are exercised at least once every 3
ments. years. All of the components do not
(d) The vessel owner or operator shall have to be exercised at one time; they
ensure that any oil spill removal orga- may be exercised over the 3-year period
nization identified in a response plan through the required exercises or
to meet the requirements of this part through an area exercise.
maintains records sufficient to docu- (b) Annually, at least one of the exer-
ment training for the organization’s cises listed in § 155.1060(a) (2) and (4)
personnel. These records must be avail- must be unannounced. An unannounced
able for inspection upon request by the exercise is one in which the personnel
Coast Guard. Records must be main- participating in the exercise have not
tained for 3 years following completion been advised in advance of the exact
of training. date, time, and scenario of the exer-
(e) Nothing in this section relieves cise.
the vessel owner or operator from the (c) A vessel owner or operator shall
responsibility to ensure that all pri- participate in unannounced exercises,
vate shore-based response personnel as directed by the Coast Guard COTP.
440
The objectives of the unannounced ex- and the scheme for exercising the en-
ercises will be to evaluate notifications tire response plan every 3 years.
and equipment deployment for re- (h) Compliance with the National
sponses to average most probable dis- Preparedness for Response Exercise
charge spill scenarios outlined in ves- Program (PREP) Guidelines will sat-
sel response plans. The unannounced isfy the vessel response plan exercise
exercises will be limited to four per requirements. These guidelines are
area per year, an area being that geo- available from the TASC DEPT Ware-
graphic area for which a separate and house, 33141Q 75th Avenue, Landover,
distinct Area Contingency Plan has MD 20875 (fax: 301–386–5394, stock num-
been prepared, as described in the Oil ber USCG-X0241). Compliance with an
Pollution Act of 1990. After partici- alternative program that meets the re-
pating in an unannounced exercise di- quirements of paragraph (a) of this sec-
rected by a COTP, the owner or oper- tion and has been approved under
ator will not be required to participate § 155.1065 will also satisfy the vessel re-
in another unannounced exercise for at sponse plan exercise requirements.
least 3 years from the date of the exer- NOTE TO PARAGRAPH (h): The PREP guide-
cise. lines are available online at http://
(d) A vessel owner or operator shall www.uscg.mil/hq/g-m/nmc/response/msprep.pdf.
participate in area exercises as di-
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
rected by the applicable on-scene coor- amended by 68 FR 37741, June 25, 2003; USCG–
dinator. The area exercises will involve 2008–0179, 73 FR 35015, June 19, 2008; USCG–
equipment deployment to respond to 2008–1070, 78 FR 60123, Sept. 30, 2013]
the spill scenario developed by the ex-
ercise design team, of which the vessel § 155.1062 Inspection and maintenance
owner or operator will be a member. of response resources.
After participating in an area exercise, (a) The owner or operator of a vessel
a vessel owner or operator will not be required to submit a response plan
required to participate in another area under this part must ensure that—
exercise for at least 6 years. (1) Containment booms, skimmers,
(e) The vessel owner or operator shall vessels, and other major equipment
ensure that adequate exercise records listed or referenced in the plan are pe-
are maintained. The following records riodically inspected and maintained in
are required: good operating condition, in accord-
(1) On board the vessel, records of the ance with manufacturer’s rec-
qualified individual notification exer- ommendations and best commercial
cises and the emergency procedures ex- practices; and
ercises. These exercises may be docu- (2) All inspections and maintenance
mented in the ship’s log or may be kept are documented and that these records
in a separate exercise log. are maintained for 3 years.
(2) At the United States’ location of (b) For equipment which must be in-
either the qualified individual, spill spected and maintained under this sec-
management team, the vessel owner or tion the Coast Guard may—
operator, or the oil spill removal orga- (1) Verify that the equipment inven-
nization, records of exercises con- tories exist as represented;
ducted off the vessel. Response plans (2) Verify the existence of records re-
must indicate the location of these quired under this section;
records. (3) Verify that the records of inspec-
(f) Records described in paragraph (e) tion and maintenance reflect the ac-
of this section must be maintained and tual condition of any equipment listed
available to the Coast Guard for 3 or referenced; and
years following completion of the exer- (4) Inspect and require operational
cises. tests of equipment.
(g) The response plan submitted to (c) This section does not apply to
meet the requirements of this subpart containment booms, skimmers, vessels,
must specify the planned exercise pro- and other major equipment listed or
gram. The plan shall detail the exer- referenced in the plan and ensured
cise program, including the types of ex- available through the written consent
ercises, frequencies, scopes, objectives, of an oil spill removal organization, as
441
§ 155.1065 33 CFR Ch. I (7–1–20 Edition)
described in the definition of ‘‘contract in the time period specified in the writ-
or other approved means’’ at § 155.1020. ten notice provided by the Coast
Guard.
§ 155.1065 Procedures for plan submis- (e) For those vessels temporarily au-
sion, approval, requests for accept- thorized under § 155.1025 to operate
ance of alternative planning cri- without an approved plan pending for-
teria, and appeal. mal Coast Guard approval, the defi-
(a) An owner or operator of a vessel ciency provisions of § 155.1070(c), (d),
to which this subpart applies shall sub- and (e) will also apply.
mit one complete English language (f) When the owner or operator of a
copy of a vessel response plan to Com- vessel believes that national planning
mandant electronically by using the criteria contained elsewhere in this
Vessel Response Plan Electronic Sub- part are inappropriate to the vessel for
mission Tool available at http://home- the areas in which it is intended to op-
port.uscg.mil/vrpexpress or by mail to erate, the owner or operator may re-
Commandant (CG–MER), Attn: Vessel quest acceptance of alternative plan-
Response Plans, U.S. Coast Guard Stop ning criteria by the Coast Guard. Sub-
7501, 2703 Martin Luther King Jr. Ave- mission of a request must be made 90
nue SE., Washington, DC 20593–7501 or days before the vessel intends to oper-
vrp@uscg.mil. The plan must be sub- ate under the proposed alternative and
mitted at least 60 days before the ves- must be forwarded to the COTP for the
sel intends to handle, store, transport, geographic area(s) affected.
transfer, or lighter oil in areas subject (g) An owner or operator of a United
to the jurisdiction of the United States flag vessel may meet the re-
States. sponse plan requirements of Regulation
(b) The owner or operator shall in- 37 of MARPOL 73/78 and subparts D, E,
clude a statement certifying that the F, and G of this part by stating in writ-
plan meets the applicable requirements ing, according to the provisions of
of subparts D, E, F, G, and J of this § 155.1030(j), that the plan submitted is
part and shall include a statement in- intended to address the requirements
dicating whether the vessel(s) covered of both Regulation 37 of MARPOL 73/78
by the plan are manned vessels car- and the requirements of subparts D, E,
rying oil as a primary cargo, unmanned F, and G of this part.
vessels carrying oil as a primary cargo, (h) Within 21 days of notification
or vessels carrying oil as a secondary that a plan is not approved, the vessel
cargo. For plans submitted in paper owner or operator may appeal that de-
format, CG Form ‘‘Application for Ap- termination to the Director of Incident
proval/Revision of Vessel Pollution Re- Management and Preparedness Policy
sponse Plans’’ (CG–6083) located at: (CG–5RI). This appeal must be sub-
http://www.uscg.mil/forms/CG/ mitted in writing to Commandant (CG–
CGl6083.pdf meets the requirement for 5RI), Attn: Director of Incident Man-
a vessel response plan certification agement and Preparedness Policy, U.S.
statement as required by this para- Coast Guard Stop 7516, 2703 Martin Lu-
graph. ther King Jr. Avenue SE., Washington,
DC 20593–7516.
(c) If the Coast Guard determines
that the plan meets all requirements of [CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
this subpart, the Coast Guard will no- amended by CGD 96–026, 61 FR 33666, June 28,
tify the vessel owner or operator with 1996; CGD 97–023, 62 FR 33364, June 19, 1997;
an approval letter. The plan will be USCG–2002–12471, 67 FR 41333, June 18, 2002;
USCG–2008–0179, 73 FR 35015, June 19, 2008;
valid for a period of up to 5 years from USCG–2010–0351, 75 FR 36285, June 25, 2010;
the date of approval. USCG–2008–1070, 78 FR 60123, Sept. 30, 2013;
(d) If the Coast Guard reviews the USCG–2014–0410, 79 FR 38436, July 7, 2014;
plan and determines that it does not USCG–2016–0498, 82 FR 35082, July 28, 2017]
meet all of the requirements, the Coast
Guard will notify the vessel owner or § 155.1070 Procedures for plan review,
operator of the response plan’s defi- revision, amendment, and appeal.
ciencies. The vessel owner or operator (a) A vessel response plan must be re-
must then resubmit the revised plan, viewed annually by the owner or oper-
or corrected portions of the plan, with- ator.
442
(1) This review must occur within 1 knowledgment by the Coast Guard that
month of the anniversary date of Coast a new geographic-specific appendix has
Guard approval of the plan. been submitted for approval by the ves-
(2) The owner or operator shall sub- sel’s owner or operator and the certifi-
mit any plan amendments to the Coast cation required in § 155.1025(c)(2) or
Guard for information or approval. Re- § 155.5023(b) has been provided;
visions to a plan must include a cover (3) A significant change in the ves-
page that provides a summary of the sel’s configuration that affects the in-
changes being made and the pages formation included in the response
being affected. Revised pages must fur- plan;
ther include the number of the revision (4) A change in the type of oil carried
and date of that revision. Although onboard (oil group) that affects the re-
plans should be submitted electroni- quired response resources, except as
cally, for plans submitted in paper for- authorized by the COTP for purposes of
mat, CG Form ‘‘Application for Ap- assisting in an oil spill response activ-
proval/Revision of Vessel Pollution Re- ity;
sponse Plans’’ (CG–6083) located at: (5) A change in the identification of
http://www.uscg.mil/forms/CG/ the oil spill removal organization(s) or
CGl6083.pdf should be used in lieu of a other response-related resource re-
cover letter to request the required required by § 155.1050, § 155.1052, § 155.1230,
submission, plan amendment, or revi- § 155.2230, § 155.5050, or § 155.5052 as ap-
sion. propriate, except an oil spill removal
(3) Any required changes must be en- organization required by § 155.1050(d) or
tered in the plan and noted on the § 155.5050(d) that may be changed on a
record of changes page. The completion case-by-case basis for an oil spill re-
of the annual review must also be moval organization previously classi-
noted on the record of changes page. fied by the Coast Guard, which has
(b) The vessel owner or operator sub- been ensured to be available by con-
ject to subparts D, E, F, G, or J of this tract or other approved means;
part must resubmit the entire plan to (6) A significant change in the ves-
the Coast Guard for approval— sel’s emergency response procedures;
(1) Six months before the end of the (7) A change in the qualified indi-
Coast Guard approval period identified vidual;
in § 155.1065(c) or § 155.5065(c); and (8) The addition of a vessel to the
(2) Whenever there is a change in the plan. This change must include the ves-
vessel owner or operator, if the pre- sel-specific appendix required by this
vious vessel owner or operator provided subpart and the vessel owner or opera-
the certifying statement required by tor’s certification required in
§ 155.1065(b) or § 155.5065(b), then the new § 155.1025(c) or § 155.5023(b); or
vessel owner or operator must submit a (9) Any other significant changes
new statement certifying that the plan that affect the implementation of the
continues to meet the applicable re- plan.
quirements of subparts D, E, F, G, or J (d) Thirty days in advance of oper-
of this part. ation, the vessel owner or operator
(c) Revisions or amendments to an must submit any revision or amend-
approved response plan must be sub- ments identified in paragraph (c) of
mitted for approval by the vessel’s this section. The certification required
owner or operator whenever there is— in § 155.1065(b) or § 155.5065(b) must be
(1) A change in the vessel owner or submitted along with the revisions or
operator, if that vessel owner or oper- amendments.
ator is not the one who provided the (e) The Coast Guard may require a
certifying statement required by vessel owner or operator to revise a re-
§ 155.1065(b) or § 155.5065(b); sponse plan at any time if it is deter-
(2) A change in the vessel’s operating mined that the response plan does not
area that includes ports or geographic meet the requirements of this subpart.
area(s) not covered by the previously The Coast Guard will notify the vessel
approved plan. A vessel may operate in owner or operator in writing of any de-
an area not covered in a previously ap- ficiencies and any operating restric-
proved plan upon receipt of written actions. Deficiencies must be corrected
443
§ 155.1110 33 CFR Ch. I (7–1–20 Edition)
and submitted for acceptance within sonnel and telephone number lists in-
the time period specified in the written cluded in the response plan do not re-
notice provided by the Coast Guard or quire prior Coast Guard approval.
the plan will be declared invalid and (i) The Coast Guard and all other
any further storage, transfer, handling, holders of the response plan shall be
transporting or lightering of oil in advised of any revisions to personnel
areas subject to the jurisdiction of the and telephone numbers and provided a
United States will be in violation of copy of these revisions as they occur.
section 311(j)(5)(E) of the Federal Water [CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
Pollution Control Act (FWPCA) (33 amended by CGD 96–026, 61 FR 33666, June 28,
U.S.C. 1321(j)(5)(E)). 1996; CGD 97–023, 62 FR 33364, June 19, 1997;
(f) A vessel owner or operator who USCG–2002–12471, 67 FR 41333, June 18, 2002;
disagrees with a deficiency determina- USCG–2008–0179, 73 FR 35015, June 19, 2008;
tion may submit a petition for recon- USCG–2001–8661, 74 FR 45029, Aug. 31, 2009;
USCG–2010–0351, 75 FR 36285, June 25, 2010;
sideration to Commandant (CG–MER),
USCG–2008–1070, 78 FR 60123, Sept. 30, 2013;
Attn: Vessel Response Plans, U.S. USCG–2014–0410, 79 FR 38436, July 7, 2014;
Coast Guard Stop 7516, 2703 Martin Lu- USCG–2016–0498, 82 FR 35082, July 28, 2017]
ther King Jr. Avenue SE., Washington,
DC 20593–7516 or vrp@uscg.mil within Subpart E—Additional Response
the time period required for compli-
ance or within 7 days from the date of
Plan Requirements for Tankers
receipt of the Coast Guard notice of a Loading Cargo at a Facility
deficiency determination, whichever is Permitted Under the Trans-
less. After considering all relevant ma- Alaska Pipeline Authorization
terial presented, the Coast Guard will Act
notify the vessel owner or operator of
the final decision. SOURCE: CGD 91–034, 61 FR 1097, Jan. 12,
(1) Unless the vessel owner or oper- 1996, unless otherwise noted.
ator petitions for reconsideration of
the Coast Guard’s decision, the vessel’s § 155.1110 Purpose and applicability.
owner or operator must correct the re- (a) This subpart establishes oil spill
sponse plan deficiencies within the pe- response planning requirements for an
riod specified in the Coast Guard’s ini- owner or operator of a tanker loading
tial determination. cargo at a facility permitted under the
(2) If the vessel owner or operator pe- Trans-Alaska Pipeline Authorization
titions the Coast Guard for reconsider- Act (TAPAA) (43 U.S.C. 1651 et seq.) in
ation, the effective date of the Coast Prince William Sound, Alaska, in addi-
Guard notice of deficiency determination to the requirements of subpart D
tion may be delayed pending a decision of this part. The requirements of this
by the Coast Guard. Petitions to the subpart are intended for use in devel-
Coast Guard must be submitted in oping response plans and identifying
writing, via the Coast Guard official response resources during the planning
who issued the requirement to amend process, they are not performance
the response plan, within 5 days of re- standards.
ceipt of the notice. (b) The information required in this
(g) Within 21 days of notification subpart must be included in a Prince
that a plan is not approved, the vessel William Sound geographic-specific ap-
owner or operator may appeal that de- pendix to the vessel response plan re-
termination to the Director of Incident quired by subpart D of this part.
Management and Preparedness Policy
(CG–5RI). This appeal must be sub- § 155.1115 Definitions.
mitted in writing to Commandant (CG– Except as provided in this section,
5RI), Attn: Director of Incident Man- the definitions in § 155.1020 apply to
agement and Preparedness Policy, U.S. this subpart.
Coast Guard Stop 7516, 2703 Martin Lu- Prince William Sound means all State
ther King Jr. Avenue SE., Washington, and Federal waters within Prince Wil-
DC 20593–7516. liam Sound, Alaska, including the ap-

(h) Except as required in paragraph proach to Hinchinbrook Entrance out
(c) of this section, amendments to per- to and encompassing Seal Rock.
444
§ 155.1120 Operating restrictions and (v) Address the responsibilities re-

interim operating authorization. quired in § 155.1035(d)(4).
The owner or operator of a tanker to (2) The response plan must include
which this subpart applies may not exercise procedures that must—
load cargo at a facility permitted (i) Provide two exercises of the oil
under the Trans-Alaska Pipeline Au- spill removal organization each year to
thorization Act unless the require- ensure prepositioned equipment and
ments of this subpart and § 155.1025 trained personnel required under this
have been met. The owner or operator subpart perform effectively;
of such a tanker shall certify to the (ii) Provide for both announced and
Coast Guard that they have provided, unannounced exercises; and
through an oil spill removal organiza- (iii) Provide for exercises that test
tion required by § 155.1125, the nec- either the entire appendix or individual
essary response resources to remove, to components.
the maximum extent practicable, a (3) The response plan must identify a
worst case discharge or a discharge of testing, inspection, and certification
200,000 barrels of oil, whichever is program for the prepositioned response
greater, in Prince William Sound, AK. equipment required in § 155.1130 that
must provide for—
§ 155.1125 Additional response plan re- (i) Annual testing and equipment in-
quirements. spection in accordance with the manu-
(a) The owner or operator of a tanker facturer’s recommended procedures, to
subject to this subpart shall include include—
the requirements of this section in the (A) Start-up and running under load
Prince William Sound geographic-spe- of all electrical motors, pumps, power
cific appendix required by subpart D of packs, air compressors, internal com-
this part. bustion engines, and oil recovery de-
(1) The response plan must include vices; and
identification of an oil spill removal (B) Removal of no less than one-third
organization that shall— of required boom from storage annu-
(i) Perform response activities; ally, such that all boom will have been
(ii) Provide oil spill removal and con- removed and examined within a period
tainment training, including training of 3 years;
in the operation of prepositioned equip- (ii) Records of equipment tests and
ment, for personnel, including local inspection; and
residents and fishermen, from the fol- (iii) Use of an independent entity to
lowing locations in Prince William certify that the equipment is on-site
Sound— and in good operating condition and
(A) Valdez; that required tests and inspections
(B) Tatitlek; have been performed. The independent
(C) Cordova; entity must have appropriate training
(D) Whittier; and expertise to provide this certifi-
(E) Chenega; and cation.
(F) Fish hatcheries located at Port (4) The response plan must identify
San Juan, Main Bay, Esther Island, and give the location of the
Cannery Creek, and Solomon Gulch. prepositioned response equipment re-
(iii) Consist of sufficient numbers of quired in § 155.1130 including the make,
trained personnel with the necessary model, and effective daily recovery
technical skills to remove, to the max- rate of each oil recovery resource.
imum extent practicable, a worst case (b) The owner or operator shall sub-
discharge or a discharge of 200,000 bar- mit to the COTP for approval, no later
rels of oil, whichever is greater; than September 30th of each calendar
(iv) Provide a plan for training suffi- year, a schedule for the training and
cient numbers of additional personnel exercises required by the geographic-
to remove, to the maximum extent specific appendix for Prince William
practicable, a worst case discharge or a Sound for the following calendar year.
discharge of 200,000 barrels of oil, (c) All records required by this sec-
whichever is greater; and tion must be available for inspection
445
§ 155.1130 33 CFR Ch. I (7–1–20 Edition)
by the Coast Guard and must be main- capabilities practicable for the initial
tained for a period of 3 years. oil recovery planned for a cleanup op-
eration, as identified by the oil spill re-
§ 155.1130 Requirements for moval organization.
prepositioned response equipment. (h) Lightering resources required in
The owner or operator of a tanker subpart I of this part capable of arriv-
subject to this subpart shall provide ing on scene within 6 hours of notifica-
the following prepositioned response tion of a discharge.
equipment, located within Prince Wil- [CGD 91–034, 61 FR 1097, Jan. 12, 1996, as
liam Sound, in addition to that re- amended by USCG–2009–0416, 74 FR 27441,
quired by § 155.1035: June 10, 2009]
(a) On-water recovery equipment
with a minimum effective daily recov- § 155.1135 Response plan development
ery capacity of 30,000 barrels, capable and evaluation criteria.
of being on scene within 6 hours of no- For tankers subject to this subpart,
tification of a discharge. the following response times must be
(b) On-water storage capacity of used in determining the on-scene ar-
100,000 barrels, capable of being on rival time in Prince William Sound, for
scene within 6 hours of notification of the response resources required by
a discharge. § 155.1050:
(c) Additional on-water recovery
equipment with a minimum effective
daily recovery capacity of 40,000 barrels Prince William 12 hrs ...... 24 hrs ...... 36 hrs
capable of being on scene within 18 Sound.
hours of notification of a discharge.
(d) On-water storage capacity of § 155.1145 Submission and approval
300,000 barrels for recovered oily mate- procedures.
rial, capable of being on scene within 24 An appendix prepared under this sub-
hours of notification of a discharge. part must be submitted and approved
(e) On-water oil recovery devices and in accordance with § 155.1065.
storage equipment located in commu-
nities and at strategic locations. § 155.1150 Plan revision and amend-
(f) For sufficient protection of the ment procedures.
environment in the locations identified An appendix prepared and submitted
in § 155.1125(a)(1)(ii)— under this subpart must be revised and
(1) Boom appropriate for the specific amended, as necessary, in accordance
locations; with § 155.1070.
(2) Sufficient boats to deploy boom
and sorbents; Subpart F—Response plan re-
(3) Sorbents including booms, sweeps,
pads, blankets, drums and plastic bags;
quirements for vessels car-
(4) Personnel protective clothing and rying animal fats and vege-
equipment; table oils as a primary
(5) Survival equipment; cargo
(6) First aid supplies;
(7) Buckets, shovels, and various SOURCE: CGD 91–034, 61 FR 1098, Jan. 12,
other tools; 1996, unless otherwise noted.
(8) Decontamination equipment;
(9) Shoreline cleanup equipment; § 155.1210 Purpose and applicability.
(10) Mooring equipment; This subpart establishes oil spill re-
(11) Anchored buoys at appropriate sponse planning requirements for an
locations to facilitate the positioning owner or operator of a vessel carrying
of defensive boom; and animal fats and vegetable oils as a pri-
(12) Other appropriate removal equip- mary cargo. The requirements of this
ment for the protection of the environ- subpart are intended for use in devel-
ment as identified by the COTP. oping response plans and identifying
(g) For each oil-laden tanker, an es- response resources during the planning
corting response vessel which is fitted process. They are not performance
with skimming and on board storage standards.
446
§ 155.1225 Response plan submission ing the type of animal fats or vegetable
requirements. oils carried.
An owner or operator of a vessel car- (d) Response resources identified in a
rying animal fats and vegetable oils as response plan under paragraph (c) of
a primary cargo shall submit a re- this section must be capable of arriving
sponse plan in accordance with the re- on-scene within the applicable Tier 1
quirements of this subpart, and with response times specified in this para-
all sections of subpart D of this part, graph. An oil spill removal organiza-
except §§ 155.1050 and 155.1052. tion may not be listed in the plan un-
less the organization has provided writ-
§ 155.1230 Response plan development ten consent to be listed in the plan as
and evaluation criteria. an available resource. Response times
from the time of discovery of a dis-
(a) Owners and operators of vessels
charge are as follows:
that carry animal fats or vegetable oils
as a primary cargo must provide infor- Tier 1 Tier 2 Tier 3
mation in their plan that identifies—
Higher volume port 12 hrs ...... N/A ........... N/A
(1) Procedures and strategies for re- area.
sponding to a worst case discharge of Great Lakes ............. 18 hrs ...... N/A ........... N/A
animal fats or vegetable oils to the All other rivers and 24 hrs ...... N/A ........... N/A
canals, inland,
maximum extent practicable; and nearshore, and
(2) Sources of the equipment and sup- offshore areaas.
plies necessary to contain, recover, and Open ocean (plus 24 hrs + ... N/A ........... N/A
mitigate such a discharge. travel time from
shore).
(b) An owner or operator of a vessel
carrying animal fats or vegetable oils (e) The owner or operator of a vessel
as a primary cargo must ensure that carrying animal fats or vegetable oils
any equipment identified in a response as a primary cargo must identify in the
plan is capable of operating in the con- response plan and ensure the avail-
ditions expected in the geographic ability of the following resources
area(s) in which the vessel operates through contract or other approved
using the criteria in Table 1 of Appen- means:
dix B of this part. When evaluating the (1) A salvage company with appro-
operability of equipment, the vessel priate expertise and equipment.
owner or operator must consider limi- (2) A company with vessel fire-
tations that are identified in the Area fighting capability that will respond to
Contingency Plans for the COTP zones casualties in the area(s) in which the
in which the vessel operates, includ- vessel is operating.
ing— (f) Vessel owners or operators must
(1) Ice conditions; identify intended sources of the re-
(2) Debris; sources required under paragraph (e) of
(3) Temperature ranges; and this section capable of being deployed
(4) Weather-related visibility. to the areas in which the vessel will op-
(c) The owner or operator of a vessel erate. A company may not be listed in
carrying animal fats or vegetable oils the plan unless the company has pro-
as a primary cargo must identify in the vided written consent to be listed in
response plan and ensure, through con- the plan as an available resource. To
tract or other approved means, the meet this requirement in a response
availability of required equipment in- plan submitted for approval or re-
cluding— approval on or after February 18, 1998,
(1) Containment boom, sorbent boom, the vessel owner or operator must iden-
or other methods for containing oil tify both the intended sources of this
floating on the surface or to protect capability and demonstrate that the
shorelines from impact; resources are capable of being deployed
(2) Oil recovery devices appropriate to the port nearest to the area where
for the type of animal fats or vegetable the vessel operates within 24 hours of
oils carried; and discovery of a discharge.

(3) Other appropriate equipment nec- (g) The owner or operator of a vessel
essary to respond to a discharge involv- carrying animal fats or vegetable oils
447
§ 155.2210 33 CFR Ch. I (7–1–20 Edition)
as a primary cargo must identify in the identified for plan credit should be ca-
response plan, and ensure the avail- pable of being on scene within 12 hours
ability of, through contract or other of a discovery of a discharge. Identi-
approved means, certain resources re- fication of these resources does not
quired by subpart D, § 155.1035(c)(5)(ii) imply that they will be authorized for
and § 155.1040(c)(5)(i), as applicable. use. Actual authorization for use dur-
(1) Resources must include— ing the spill response will be governed
(i) Fendering equipment; by the provisions of the NCP and the
(ii) Transfer hoses and connection applicable ACP.
equipment; and
(iii) Portable pumps and ancillary Subpart G—Response Plan Re-
equipment necessary to offload the ves- quirements for Vessels Car-
sel’s largest cargo tank in 24 hours of
continuous operation.
rying Other Non-Petroleum
(2) Resources must be capable of Oils as a Primary Cargo
reaching the locations in which the
vessel operates within the stated times SOURCE: CGD 91–034, 61 FR 1099, Jan. 12,
following notification: 1996, unless otherwise noted.
(i) Inland, nearshore, and Great
Lakes waters—12 hours.
(ii) Offshore waters and rivers and ca- This subpart establishes oil spill re-
nals—18 hours. sponse planning requirements for an
(iii) Open ocean waters—36 hours. owner or operator of a vessel carrying
(3) For barges operating in rivers and other non-petroleum oils as a primary
canals as defined in this subpart, the cargo. The requirements of this sub-
requirements of this paragraph (g)(3) part are intended for use in developing
may be met by listing resources capa- response plans and identifying response
ble of being deployed in an area within resources during the planning process.
the response times in paragraph (g)(2) They are not performance standards.
of this section. A vessel owner or oper-
ator may not identify such resources in § 155.2225 Response plan submission
requirements.
a plan unless the response organization
has provided written consent to be An owner or operator of a vessel car-
identified in a plan as an available re- rying other non-petroleum oils as a pri-
source. mary cargo shall submit a response
(h) The response plan for a vessel plan in accordance with the require-
that is located in any environment ments of this subpart, and with all sec-
with year-round preapproval for use of tions of subpart D of this part, except
dispersants suitable for animal fats and §§ 155.1050 and 155.1052.
vegetable oils and that handles, stores,
or transports animal fats or vegetable § 155.2230 Response plan development
oils may request a credit for up to 25 and evaluation criteria.
percent of the worst case planning vol- (a) Owners and operators of vessels
ume set forth by subpart D of this part. that carry other non-petroleum oil as a
To receive this credit, the vessel owner primary cargo must provide informa-
or operator must identify in the plan tion in their plan that identifies—
and ensure, by contract or other ap- (1) Procedures and strategies for re-
proved means, the availability of speci- sponding to a worst case discharge of
fied resources to apply the dispersants other non-petroleum oils to the max-
and to monitor their effectiveness. To imum extent practicable; and
extent of the credit will be based on (2) Sources of the equipment and sup-
the volumes of the dispersant available plies necessary to contain, recover, and
to sustain operations at the manufac- mitigate such a discharge.
turers’ recommended dosage rates. (b) An owner or operator of a vessel
Other spill mitigation techniques, in- carrying other non-petroleum oil as a
cluding mechanical dispersal, may be primary cargo must ensure that any
identified in the response plan, pro- equipment identified in a response plan

vided they are in accordance with the is capable of operating in the condi-
NCP and the applicable ACP. Resources tions expected in the geographic
448
area(s) in which the vessel operates of the following resources through con-
using the criteria in Table 1 of Appen- tract or other approved means:
dix B of this part. When evaluating the (1) A salvage company with appro-
operability of equipment, the vessel priate expertise and equipment.
owner or operator must consider limi- (2) A company with vessel fire-
tations that are identified in the Area fighting capability that will respond to
Contingency Plans for the COTP zones casualties in the area(s) in which the
in which the vessel operates, includ- vessel is operating.
ing— (f) Vessel owners or operators must
(1) Ice conditions; identify intended sources of the re-
(2) Debris; sources required under paragraph (e) of
(3) Temperature ranges; and this section capable of being deployed
(4) Weather-related visibility. to the areas in which the vessel will op-
(c) The owner or operator of a vessel erate. A company may not be listed in
carrying other non-petroleum oil as a the plan unless the company has pro-
primary cargo must identify in the re- vided written consent to be listed in
sponse plan and ensure, through con- the plan as an available resource. To
tract or other approved means, the meet this requirement in a response
availability of required equipment in- plan submitted for approval or re-
cluding— approval on or after February 18, 1998,
(1) Containment boom, sorbent boom, the vessel owner or operator must iden-
or other methods for containing oil tify both the intended sources of this
floating on the surface or to protect capability and demonstrate that the
shorelines from impact; resources are capable of being deployed
to the port nearest to the area where
(2) Oil recovery devices appropriate
the vessel operates within 24 hours of
for the type of other non-petroleum oil
discovery of a discharge.
carried; and
(g) The owner or operator of a vessel
(3) Other appropriate equipment nec-
carrying other non-petroleum oil as a
essary to respond to a discharge involv-
primary cargo must identify in the re-
ing the type of other non-petroleum oil
sponse plan, and ensure the avail-
carried.
ability of, through contract or other
(d) Response resources identified in a approved means, certain resources re-
response plan under paragraph (c) of quired by subpart D of this part,
this section must be capable of arriving § 155.1035(c)(5)(ii) and § 155.1040(c)(5)(i) of
on-scene within the applicable Tier 1 this part, as applicable.
response times specified in this para- (1) Resources must include—
graph. An oil spill removal organiza- (i) Fendering equipment;
tion may not be listed in the plan un- (ii) Transfer hoses and connection
less the organization has provided writ- equipment; and
ten consent to be listed in the plan as (iii) Portable pumps and ancillary
an available resource. Response times equipment necessary to offload the ves-
from the time of discovery of a dis- sel’s largest cargo tank in 24 hours of
charge are as follow: continuous operation.
Tier 1 Tier 2 Tier 3 (2) Resources must be capable of
reaching the locations in which the
Higher volume port 12 hrs ...... N/A ........... N/A vessel operates within the stated times
area.
Great Lakes ............. 18 hrs ...... N/A ........... N/A
following notification:
All other rivers and 24 hrs ...... N/A ........... N/A (i) Inland, nearshore, and Great
canals, inland, Lakes waters—12 hours.
nearshore, and (ii) Offshore waters and rivers and ca-
offshore areas.
Open ocean (plus 24 hrs + ... N/A ........... N/A
nals—18 hours.
travel time from (iii) Open ocean waters—36 hours.
shore). (3) For barges operating in rivers and
canals as defined in this subpart, the
(e) The owner or operator of a vessel requirements of this paragraph (g)(3)
carrying other non-petroleum oil as a may be met by listing resources capa-

primary cargo must identify in the re- ble of being deployed in an area within
sponse plan and ensure the availability the response times in paragraph (g)(2)
449
§ 155.4010 33 CFR Ch. I (7–1–20 Edition)
of this section. A vessel owner or oper- arrival times) are planning criteria,
ator may not identify such resources in not performance standards, and are
a plan unless the response organization based on assumptions that may not
has provided written consent to be exist during an actual incident, as stat-
identified in a plan as an available re- ed in 33 CFR 155.1010. Compliance with
source. the regulations is based upon whether
(h) The response plan for a vessel a covered response plan ensures that
that is located in any environment adequate response resources are avail-
with year-round preapproval for use of able, not on whether the actual per-
dispersants and that handles, stores, or formance of those response resources
transports other non-petroleum oils after an incident meets specified ar-
may request a credit for up to 25 per- rival times or other planning criteria.
cent of the worst case planning volume Failure to meet specified criteria dur-
set forth by subpart D of this part. To ing an actual spill response does not
receive this credit, the vessel owner or necessarily mean that the planning re-
operator must identify in the plan and quirements of the Federal Water Pollu-
ensure, by contract or other approved tion Control Act (FWPCA) (33 U.S.C.
means, the availability of specified re- 1251–1376) and regulations were not
sources to apply the dispersants and to met. The Coast Guard will exercise its
monitor their effectiveness. The extent enforcement discretion in light of all
of the credit will be based on the vol- facts and circumstances.
umes of the dispersant available to sus-
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as
tain operations at the manufacturers’ amended by USCG–2008–1070, 78 FR 60123,
recommended dosage rates. Identifica- Sept. 30, 2013]
tion of these resources does not imply
that they will be authorized for use. § 155.4015 Vessel owners and operators
Actual authorization for use during a who must follow this subpart.
spill response will be governed by the You must follow this subpart if your
provisions of the NCP and the applica- vessel carries group I–IV oils, and is re-
ble ACP. quired by § 155.1015 or § 155.5015 to have
a vessel response plan.
Subpart H [Reserved]
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as
Subpart I—Salvage and Marine Sept. 30, 2013]
Firefighting
§ 155.4020 Complying with this sub-
part.
SOURCE: USCG–1998–3417, 73 FR 80649, Dec.
31, 2008, unless otherwise noted. (a)(1) If you have an existing ap-
proved vessel response plan required by
§ 155.4010 Purpose of this subpart. § 155.1015, you must have your vessel re-
(a) The purpose of this subpart is to sponse plan updated and submitted to
establish vessel response plan salvage the Coast Guard by February 22, 2011.
and marine firefighting requirements for (2) All new or existing vessels oper-
vessels, that are carrying group I–IV ating on the navigable waters of the
oils, and that are required by §§ 155.1015 United States or transferring oil in a
and 155.5015 to have a vessel response port or place subject to the jurisdiction
plan. of the United States, that meet the ap-
(b) Salvage and marine firefighting ac- plicability requirements of § 155.1015,
tions can save lives and property, and that do not have an approved vessel re-
prevent the escalation of potential oil sponse plan, must comply with
spills to worst case discharge sce- § 155.1065.
narios. (3) Your vessel may not conduct oil
(c) A planholder must ensure by con- transport or transfer operations if—
tract or other approved means that re- (i) You have not submitted a plan to
sponse resources are available to re- the Coast Guard in accordance with
spond. However, the response criteria § 155.1065 prior to February 22, 2011;
specified in the regulations (e.g., quan- (ii) The Coast Guard determines that
tities of response resources and their the response resources referenced in
450
your plan do not meet the require- and under the vessel owner or opera-
ments of this subpart; tor’s direct control. If the planholder
(iii) The contracts or agreements has personnel, equipment and capabili-
cited in your plan have lapsed or are ties under their direct control, they
otherwise no longer valid; need not contract those items with a
(iv) You are not operating in accord- resource provider.
ance with your plan; or (iii) An alternative approved by the
(v) The plan’s approval has expired. Coast Guard (Assistant Commandant
(b) If § 155.5015 requires that you have for Response Policy (CG–5R)) and sub-
a vessel response plan, you must have mitted in accordance with 33 CFR
your vessel response plan submitted to 155.1065(f) and 155.5067(a).
the Coast Guard by January 30, 2014. (2) As part of the contract or other
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as approved means you must develop and
amended by USCG–2001–8661, 74 FR 45029, sign, with your resource provider, a
Aug. 31, 2009; USCG–2008–1070, 78 FR 60123, written funding agreement. This fund-
Sept. 30, 2013] ing agreement is to ensure that salvage
§ 155.4025 Definitions. and marine firefighting responses are
not delayed due to funding negotia-
For the purposes of this subpart, the tions. The funding agreement must in-
following definitions apply: clude a statement of how long the
Assessment of structural stability agreement remains in effect, and must
means completion of a vessel’s sta- be provided to the Coast Guard for
bility and structural integrity assess- VRP approval. In addition any written
ment through the use of a salvage soft- agreement with a public resource pro-
ware program. The data used for the vider must be included in the
calculations would include information planholder’s Vessel Response Plan
collected by the on-scene salvage pro- (VRP).
fessional. The assessment is intended
Diving services support means divers
to allow sound decisions to be made for
and their equipment to support salvage
subsequent salvage efforts. In addition,
operations. This support may include,
the assessment must be consistent
but not be limited to, underwater re-
with the conditions set forth in 33 CFR
pairs, welding, placing lifting slings, or
155.240 and 155.245, as applicable.
performing damage assessments.
Boundary lines are lines drawn fol-
lowing the general trend of the sea- Emergency lightering is the process of
ward, highwater shorelines and lines transferring oil between two ships or
continuing the general trend of the other floating or land-based recep-
seaward, highwater shorelines across tacles in an emergency situation and
entrances to small bays, inlets and riv- may require pumping equipment,
ers as defined in 46 CFR 7.5(c). transfer hoses, fenders, portable
Captain of the Port (COTP) city means barges, shore based portable tanks, or
the city which is the geographical loca- other equipment that circumstances
tion of the COTP office. COTP city lo- may dictate.
cations are listed in 33 CFR part 3. Emergency towing, also referred to as
Continental United States (CONUS) rescue towing, means the use of towing
means the contiguous 48 States and the vessels that can pull, push or make-up
District of Columbia. alongside a vessel. This is to ensure
Contract or other approved means is that a vessel can be stabilized, con-
any one of the following: trolled or removed from a grounded po-
(1)(i) A written contractual agree- sition. Towing vessels must have the
ment between a vessel owner or oper- proper horsepower or bollard pull com-
ator and resource provider. This agree- patible with the size and tonnage of the
ment must expressly provide that the vessel to be assisted.
resource provider is capable of, and in- External emergency transfer operations
tends to commit to, meeting the plan means the use of external pumping
requirements. equipment placed on board a vessel to
(ii) A written certification that the move oil from one tank to another,
personnel, equipment, and capabilities when the vessel’s own transfer equip-
required by this subpart are available ment is not working.
451
§ 155.4025 33 CFR Ch. I (7–1–20 Edition)
External firefighting teams means dent. The principle purpose is to ex-

trained firefighting personnel, aside plain the resource provider’s role, and
from the crew, with the capability of the support which can be provided, dur-
boarding and combating a fire on a ves- ing marine firefighting incidents. Poli-
sel. cies, responsibilities and procedures for
External vessel firefighting systems coordination of on-scene forces are pro-
mean firefighting resources (personnel vided in the plan. It should be designed
and equipment) that are capable of for use in conjunction with other state,
combating a fire from other than on regional and local contingency and re-
board the vessel. These resources in- source mobilization plans.
clude, but are not limited to, fire tugs, Nearshore area means the area ex-
portable fire pumps, airplanes, heli- tending seaward 12 miles from the
copters, or shore side fire trucks. boundary lines defined in 46 CFR part
Funding agreement is a written agree- 7, except in the Gulf of Mexico. In the
ment between a resource provider and Gulf of Mexico, a nearshore area is one
a planholder that identifies agreed extending seaward 12 miles from the
upon rates for specific equipment and line of demarcation (COLREG lines) as
services to be made available by the re- defined in §§ 80.740 through 80.850 of this
source provider under the agreement. chapter.
The funding agreement is to ensure Offshore area means the area up to 38
that salvage and marine firefighting nautical miles seaward of the outer
responses are not delayed due to fund- boundary of the nearshore area.
ing negotiations. This agreement must On-site fire assessment means that a
be part of the contract or other ap- marine firefighting professional is on
proved means and must be submitted scene, at a safe distance from the ves-
for review along with the VRP. sel or on the vessel, who can determine
Great Lakes means Lakes Superior, the steps needed to control and extin-
Michigan, Huron, Erie, and Ontario, guish a marine fire in accordance with
their connecting and tributary waters, a vessel’s stability and structural in-
the Saint Lawrence River as far as tegrity assessment if necessary.
Saint Regis, and adjacent port areas. On-site salvage assessment means that
Heavy lift means the use of a salvage a salvage professional is on scene, at a
crane, A-frames, hydraulic jacks, safe distance from the vessel or on the
winches, or other equipment for lifting, vessel, who has the ability to assess
righting, or stabilizing a vessel. the vessel’s stability and structural in-
Inland area means the area shoreward tegrity. The data collected during this
of the boundary lines defined in 46 CFR assessment will be used in the salvage
part 7, except that in the Gulf of Mex- software calculations and to determine
ico, it means the area shoreward of the necessary steps to salve the vessel.
lines of demarcation (COLREG lines) Other refloating methods means those
as defined in §§ 80.740 through 80.850 of techniques for refloating a vessel aside
this chapter. The inland area does not from using pumps. These services in-
include the Great Lakes. clude, but are not limited to, the use of
Making temporary repairs means ac- pontoons, air bags or compressed air.
tion to temporarily repair a vessel to Outside continental United States
enable it to safely move to a shipyard (OCONUS) means Alaska, Hawaii, the
or other location for permanent re- Commonwealth of Puerto Rico, Guam,
pairs. These services include, but are American Samoa, the United States
not limited to, shoring, patching, drill Virgin Islands, the Commonwealth of
stopping, or structural reinforcement. the Northern Marianas, and any other
Marine firefighting means any fire- territory or possession of the United
fighting related act undertaken to as- States.
sist a vessel with a potential or actual Primary resource provider means a re-
fire, to prevent loss of life, damage or source provider listed in the vessel re-
destruction of the vessel, or damage to sponse plan as the principal entity con-
the marine environment. tracted for providing specific salvage
Marine firefighting pre-fire plan means and/or marine firefighting services and
a plan that outlines the responsibilities resources, when multiple resource pro-
and actions during a marine fire inci- viders are listed for that service, for
452
each of the COTP zones in which a ves- derwater. These actions can include
sel operates. The primary resource pro- pumping or other means to transfer the
vider will be the point of contact for oil to a storage device.
the planholder, the Federal On Scene Underwater vessel and bottom survey
Coordinator (FOSC) and the Unified means having salvage resources on
Command, in matters related to spe- scene that can perform examination
cific resources and services, as required and analysis of the vessel’s hull and
in § 155.4030(a). equipment below the water surface.
Remote assessment and consultation These resources also include the ability
means contacting the salvage and/or to determine the bottom configuration
marine firefighting resource providers, and type for the body of water. This
by phone or other means of commu- service can be accomplished through
nications to discuss and assess the sit- the use of equipment such as sonar,
uation. The person contacted must be magnetometers, remotely operated ve-
competent to consult on a determina- hicles or divers. When divers are used
tion of the appropriate course of action to perform these services, the time re-
and initiation of a response plan. quirements for this service apply and
Resource provider means an entity not those of diving services support.
that provides personnel, equipment,
supplies, and other capabilities nec- [USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as
essary to perform salvage and/or ma- amended by USCG–2008–1070, 78 FR 60124,
rine firefighting services identified in Sept. 30, 2013; USCG–2016–0498, 82 FR 35082,
the response plan, and has been ar- July 28, 2017]
ranged by contract or other approved
§ 155.4030 Required salvage and ma-
means. The resource provider must be rine firefighting services to list in
selected in accordance with § 155.4050. response plans.
For marine firefighting services, re-
source providers can include public (a) You must identify, in the geo-
firefighting resources as long as they graphical-specific appendices of your
are able, in accordance with the re- VRP, the salvage and marine firefighting
quirements of § 155.4045(d), and willing services listed in Table 155.4030(b)—Sal-
to provide the services needed. vage and Marine Firefighting Services
Salvage means any act undertaken to and Response Timeframes. Addition-
assist a vessel in potential or actual ally, you must list those resource pro-
danger, to prevent loss of life, damage viders that you have contracted to pro-
or destruction of the vessel and release vide these services. You may list mul-
of its contents into the marine envi- tiple resource providers for each service,
ronment. but you must identify which one is
Salvage plan means a plan developed your primary resource provider for each
to guide salvage operations except Captain of the Port (COTP) zone in
those identified as specialized salvage which you operate. A method of con-
operations. tact, consistent with the requirements
Special salvage operations plan means in §§ 155.1035(e)(6)(ii), 155.1040(e)(5)(ii),
a salvage plan developed to carry out a and 155.5035(e)(6)(ii) must also be listed,
specialized salvage operation, includ- in the geographical-specific appendices
ing heavy lift and/or subsurface prod- of your VRP, adjacent to the name of
uct removal. the resource provider.
Subsurface product removal means the (b) Table 155.4030(b) lists the required
safe removal of oil from a vessel that salvage and marine firefighting services
has sunk or is partially submerged un- and response timeframes.
TABLE 155.4030(b)—SALVAGE AND MARINE FIREFIGHTING SERVICES AND RESPONSE TIMEFRAMES
Service Location of incident response activity
timeframe
(1) Salvage ............................................................................................................ CONUS: nearshore CONUS: offshore

area; inland waters; area; and OCONUS:
Great Lakes; and <or = 50 miles from

OCONUS: <or = 12 COTP city (hours)
miles from COTP city
(hours)
453
§ 155.4030 33 CFR Ch. I (7–1–20 Edition)
TABLE 155.4030(b)—SALVAGE AND MARINE FIREFIGHTING SERVICES AND RESPONSE TIMEFRAMES—

Continued
(i) Assessment & Survey:
(A) Remote assessment and consultation .............................................. 1 1
(B) Begin assessment of structural stability ........................................... 3 3
(C) On-site salvage assessment ............................................................ 6 12
(D) Assessment of structural stability ..................................................... 12 18
(E) Hull and bottom survey ..................................................................... 12 18
(ii) Stabilization:
(A) Emergency towing ............................................................................ 12 18
(B) Salvage plan ..................................................................................... 16 22
(C) External emergency transfer operations .......................................... 18 24
(D) Emergency lightering ........................................................................ 18 24
(E) Other refloating methods .................................................................. 18 24
(F) Making temporary repairs ................................................................. 18 24
(G) Diving services support .................................................................... 18 24
(iii) Specialized Salvage Operations:
(A) Special salvage operations plan ....................................................... 18 24
(B) Subsurface product removal ............................................................. 72 84
(C) Heavy lift 1 ......................................................................................... Estimated Estimated
(2) Marine firefighting .................................................... At pier (hours) CONUS: Nearshore CONUS: Offshore
area; inland waters; area; and OCONUS:
Great Lakes; and <or = 50 miles from
OCONUS: <or = 12 COTP city (hours)
miles from COTP city
(hours)
(i) Assessment & Planning:
(A) Remote assessment and consultation ...... 1 1 1
(B) On-site fire assessment ............................ 2 6 12
(ii) Fire Suppression:
(A) External firefighting teams ........................ 4 8 12
(B) External vessel firefighting systems ......... 4 12 18
1 Heavy lift services are not required to have definite hours for a response time. The planholder must still contract for heavy lift
services, provide a description of the heavy lift response and an estimated response time when these services are required,
however, none of the timeframes listed in the table in § 155.4030(b) will apply to these services.
(c) Integration into the response organi- tional Oil and Hazardous Substances
zation. You must ensure that all salvage Pollution Contingency Plan as found in
and marine firefighting resource providers §§ 155.1030(h) and 155.5030(f).
are integrated into the response orga- (e) Ensuring the proper emergency tow-
nizations listed in your plans. The re- ing vessels are listed in your VRP. Your
sponse organization must be consistent VRP must identify towing vessels with
with the requirements set forth in the proper characteristics, horsepower,
§§ 155.1035(d), 155.1040(d), 155.1045(d), and and bollard pull to tow your vessel(s).
155.5035(d).
These towing vessels must be capable
(d) Coordination with other response re-
of operating in environments where the
source providers, response organizations
and OSROs. Your plan must include winds are up to 40 knots.
provisions on how the salvage and ma- (f) Ensuring the proper type and
rine firefighting resource providers will amount of transfer equipment is listed in
coordinate with other response re- your VRP. Your salvage resource pro-
sources, response organizations, and vider must be able to bring on scene a
OSROs. For example, you will need to pumping capability that can offload
identify how salvage and marine fire- the vessel’s largest cargo or fuel tank,
fighting assessment personnel will co- whichever is greater, in 24 hours of
ordinate response activity with oil spill continuous operation. This is required
removal organizations. For services for both emergency transfer and
that, by law, require public assistance, lightering operations.
there must be clear guidelines on how (g) Ensuring firefighting equipment is
service providers will interact with compatible with your vessel. Your plan
those organizations. The information must list the proper type and amount
contained in the response plan must be of extinguishing agent needed to com-

consistent with applicable Area Con- bat an oil fire involving your vessel’s
tingency Plans (ACPs) and the Na-
454
cargo fuel, other contents, and super- § 155.4035 Required pre-incident infor-
structure. If your primary extin- mation and arrangements for the
guishing agent is foam or water, you salvage and marine firefighting re-
must identify resources in your plan source providers listed in response
plans.
that are able to pump, for a minimum
of 20 minutes, at least 0.016 gallons per (a) You must provide the information
minute per square foot of the deck area listed in §§ 155.1035(c), 155.1040(c), and
of your vessel, or an appropriate rate 155.5035(c) to your salvage and marine
for spaces that this rate is not suitable firefighting resource providers.
for and if needed, an adequate source of (b) Marine firefighting pre-fire plan. (1)
You must prepare a vessel pre-fire plan
foam. These resources described are to
in accordance with NFPA 1405, Guide
be supplied by the resource provider,
for Land-Based Firefighters Who Re-
external to the vessel’s own fire-
spond to Marine Vessel Fires, Chapter 9
fighting system. (Incorporation by reference, see
(h) Ensuring the proper subsurface § 155.140). If the planholder’s vessel pre-
product removal. You must have sub- fire plan is one that meets another reg-
surface product removal capability if ulation, such as SOLAS Chapter II–2,
your vessel(s) operates in waters of 40 Regulation 15, or international stand-
feet or more. Your resource provider ard, a copy of that specific fire plan
must have the capability of removing must also be given to the resource pro-
bulk liquid cargo and fuel from your vider(s) instead of the NFPA 1405 pre-
sunken vessel to a depth equal to the fire plan, and be attached to the VRP.
maximum your vessel operates in up to (2) The marine firefighting resource
150 feet. provider(s) you are required to identify
in your plan must be given a copy of
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008; 74
the plan. Additionally, they must cer-
FR 7648, Feb. 19, 2009; USCG–2010–0351, 75 FR
tify in writing to you that they find
36285, June 25, 2010; USCG–2008–1070, 78 FR
60124, Sept. 30, 2013]
the plan acceptable and agree to imple-
ment it to mitigate a potential or ac-
§ 155.4032 Other resource provider tual fire.
considerations. (3) If a marine firefighting resource
provider subcontracts to other organi-
(a) Use of resource providers not listed zations, each subcontracted organiza-
in the VRP. If another resource pro- tion must also receive a copy of the
vider, not listed in the approved plan vessel pre-fire plan.
for the specific service required, is to
be contracted for a specific response, [USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as
justification for the selection of that June 25, 2010; USCG–2008–1070, 78 FR 60124,
resource provider needs to be provided Sept. 30, 2013]
to, and approved by, the FOSC. Only
under exceptional circumstances will § 155.4040 Response times for each sal-
the FOSC authorize deviation from the vage and marine firefighting serv-
resource provider listed in the ap- ice.
proved vessel response plan in in- (a) You must ensure, by contract or
stances where that would best affect a other approved means, that your re-
more successful response. source provider(s) is capable of pro-
(b) Worker health and safety. Your re- viding the services within the required
source providers must have the capa- timeframes.
bility to implement the necessary engi- (1) If your vessel is at the pier or
neering, administrative, and personal transiting a COTP zone within the con-
tinental United States (CONUS), the
protective equipment controls to safe-
timeframes in Table 155.4030(b) apply as
guard their workers when providing
listed.
salvage and marine firefighting serv- (2) If your vessel is at the pier or
ices, as found in 33 CFR 155.1055(e) and transiting a COTP zone outside the
29 CFR 1910.120(q). continental United States (OCONUS),

the timeframes in Table 155.4030(b)
apply as follows:
455
§ 155.4040 33 CFR Ch. I (7–1–20 Edition)
(i) Inland waters and nearshore area (b) The timeframe starts when any-
timeframes apply from the COTP city one in your response organization re-
out to and including the 12 mile point. ceives notification of a potential or ac-
(ii) Offshore area timeframes apply tual incident. It ends when the service
from 12 to 50 miles outside the COTP reaches the ship, the outer limit of the
city. nearshore area, the outer limit of the
(3) If your vessel transits within an offshore area, the 12 or 50-mile point
OCONUS COTP zone that is outside the from the COTP city, or a point identi-
areas described in paragraph (a)(2) of
fied in your response plan for areas
this section, but within the inland
OCONUS.
waters or the nearshore or offshore
area, you must submit in writing, in (c) Table 155.4040(c) provides addi-
your plan, the steps you will take to tional amplifying information for ves-
address salvage and marine firefighting sels transiting within the nearshore
needs in the event these services are and offshore areas of CONUS or within
required. 50 miles of an OCONUS COTP city.
TABLE 155.4040(c)—RESPONSE TIMEFRAME END POINTS

Service Response timeframe ends when
(1) Salvage:
(i) Remote assessment and con- Salvor is in voice contact with Qualified Individual (QI)/Master/Operator.
sultation.
(ii) Begin assessment of structural A structural assessment of the vessel has been initiated.
stability.
(iii) On-site salvage assessment .. Salvor on board vessel.
(iv) Assessment of structural sta- Initial analysis is completed. This is a continual process, but at the time specified
bility. an analysis needs to be completed.
(v) Hull and bottom survey ........... Survey completed.
(vi) Emergency towing .................. Towing vessel on scene.
vii) Salvage plan ........................... Plan completed and submitted to Incident Commander/Unified Command.
(viii) External emergency transfer External pumps on board vessel.
operations.
(ix) Emergency lightering .............. Lightering equipment on scene and alongside.
(x) Other refloating methods ......... Salvage plan approved & resources on vessel.
(xi) Making temporary repairs ....... Repair equipment on board vessel.
(xii) Diving services support ......... Required support equipment & personnel on scene.
(xiii) Special salvage operations Plan completed and submitted to Incident Commander/Unified Command.
plan.
(xiv) Subsurface product removal Resources on scene.
(xv) Heavy lift 1 .............................. Estimated.
(2) Marine Firefighting:
(i) Remote assessment and con- Firefighter in voice contact with QI/Master/Operator.
sultation.
(ii) On-site fire assessment ........... Firefighter representative on site.
(iii) External firefighting teams ...... Team and equipment on scene.
(iv) External vessel firefighting Personnel and equipment on scene.
systems.
1 Heavy lift services are not required to have definite hours for a response time. The planholder must still contract for heavy lift
services, provide a description of the heavy lift response and an estimated response time when these services are required,
however, none of the timeframes listed in the table in § 155.4030(b) will apply to these services.
(d) How to apply the timeframes to your the locations within the specified re-
particular situation. To apply the time- sponse times in Table 155.4030(b).
frames to your vessel’s situation, fol- (3) If your vessel is transiting within
low these procedures: CONUS inland waters, nearshore or off-
(1) Identify if your vessel operates shore areas or the Great Lakes, you
CONUS or OCONUS. must ensure the listed salvage and ma-
(2) If your vessel is calling at any rine firefighting services are capable of
CONUS pier or an OCONUS pier within reaching your vessel within the appro-
50 miles of a COTP city, you must list priate response times listed in Table
the pier location by facility name or 155.4030(b).

city and ensure that the marine fire- (4) If your vessel is transiting within
fighting resource provider can reach 12 miles or less from an OCONUS COTP
456
city, you must ensure the listed sal- source may agree to respond beyond
vage and marine firefighting services their jurisdictional limits, but the
are capable of reaching a point 12 miles Coast Guard considers it unreasonable
from the harbor of the COTP city with- to expect public marine firefighting re-
in the nearshore area response times sources to do this.
listed in Table 155.4030(b).
(5) If your vessel is transiting be- § 155.4050 Ensuring that the salvors
tween 12 and 50 miles from an OCONUS and marine firefighters are ade-
COTP city, you must ensure the listed quate.
salvage and marine firefighting serv- (a) You are responsible for deter-
ices are capable of reaching a point 50 mining the adequacy of the resource
miles from the harbor of the COTP city providers you intend to include in your
within the offshore area response times plan.
listed in Table 155.4030(b). (b) When determining adequacy of
(6) If your vessel transits inland the resource provider, you must select
waters or the nearshore or offshore a resource provider that meets the fol-
areas OCONUS, but is more than 50 lowing selection criteria to the max-
miles from a COTP city, you must still imum extent possible:
contract for salvage and marine fire- (1) Resource provider is currently
fighting services and provide a descrip- working in response service needed.
tion of how you intend to respond and (2) Resource provider has documented
an estimated response time when these history of participation in successful
services are required, however, none of salvage and/or marine firefighting op-
the time limits listed in Table erations, including equipment deploy-
155.4030(b) will apply to these services. ment.
§ 155.4045 Required agreements or (3) Resource provider owns or has con-
contracts with the salvage and ma- tracts for equipment needed to perform
rine firefighting resource providers. response services.
(a) You may only list resource pro- (4) Resource provider has personnel
viders in your plan that have been ar- with documented training certification
ranged by contract or other approved and degree experience (Naval Architec-
means. ture, Fire Science, etc.).
(b) You must obtain written consent (5) Resource provider has 24-hour
from the resource provider stating that availability of personnel and equip-
they agree to be listed in your plan. ment, and history of response times
This consent must state that the re- compatible with the time requirements
source provider agrees to provide the in the regulation.
services that are listed in §§ 155.4030(a) (6) Resource provider has on-going
through 155.4030(h), and that these continuous training program. For ma-
services are capable of arriving within rine firefighting providers, they meet
the response times listed in Table the training guidelines in NFPA 1001,
155.4030(b). This consent may be in- 1005, 1021, 1405, and 1561 (Incorporation
cluded in the contract with the re- by reference, see § 155.140), show equiva-
source provider or in a separate docu- lent training, or demonstrate qualifica-
ment. tion through experience.
(c) This written consent must be (7) Resource provider has successful
available to the Coast Guard for in- record of participation in drills and ex-
spection. The response plan must iden- ercises.
tify the location of this written con- (8) Resource provider has salvage or
sent, which must be: marine firefighting plans used and ap-
(1) On board the vessel; or proved during real incidents.
(2) With a qualified individual lo- (9) Resource provider has membership
cated in the United States. in relevant national and/or inter-
(d) Public marine firefighters may national organizations.
only be listed out to the maximum ex- (10) Resource provider has insurance
tent of the public resource’s jurisdic- that covers the salvage and/or marine
tion, unless other agreements are in firefighting services which they intend
place. A public marine firefighting re- to provide.
457
§ 155.4052 33 CFR Ch. I (7–1–20 Edition)
(11) Resource provider has sufficient (5) An exercise of the entire response
up front capital to support an oper- plan, which must be conducted every
ation. three years. The vessel owner or oper-
(12) Resource provider has equipment ator shall design the exercise program
and experience to work in the specific so that all components of the response
regional geographic environment(s) plan are exercised at least once every
that the vessel operates in (e.g., bot- three years. All of the components do
tom type, water turbidity, water depth, not have to be exercised at one time;
sea state and temperature extremes). they may be exercised over the 3-year
(13) Resource provider has the period through the required exercises
logistical and transportation support or through an area exercise; and
capability required to sustain oper- (6) Annually, at least one of the exer-
ations for extended periods of time in cises listed in § 155.4052(b)(2) and (4)
arduous sea states and conditions. must be unannounced. An unannounced
(14) Resource provider has the capa- exercise is one in which the personnel
bility to implement the necessary engi- participating in the exercise have not
neering, administrative, and personal been advised in advance of the exact
protective equipment controls to safe- date, time, or scenario of the exercise.
guard the health and safety of their (7) Compliance with the National
workers when providing salvage and Preparedness for Response Exercise
marine firefighting services. Program (PREP) Guidelines will sat-
(15) Resource provider has familiarity isfy the vessel response plan exercise
with the salvage and marine fire- requirements. These guidelines are
fighting protocol contained in the local available on the Internet at https://
ACPs for each COTP area for which Homeport.uscg.mil/exercises. Once on
they are contracted. that Web site, select the link for ‘‘Pre-
(c) A resource provider need not meet paredness for Response Exercise Pro-
all of the selection criteria in order for gram (PREP)’’ and then select ‘‘Pre-
you to choose them as a provider. They paredness for Response Exercise Pro-
must, however, be selected on the basis gram (PREP) Guidelines’’. Compliance
of meeting the criteria to the max- with an alternate program that meets
imum extent possible. the requirements of 33 CFR 155.1060(a)
(d) You must certify in your plan and 155.5061, and has been approved
that these factors were considered under 33 CFR 155.1065 and 155.5065 will
when you chose your resource provider. also satisfy the vessel response plan ex-
ercise requirements.
§ 155.4052 Drills and exercises.
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as
(a) A vessel owner or operator re- amended by USCG–2008–1070, 78 FR 60124,
quired by §§ 155.1035, 155.1040, 155.5035 to Sept. 30, 2013]
have a response plan shall conduct ex-
ercises as necessary to ensure that the § 155.4055 Temporary waivers from
plan will function in an emergency. meeting one or more of the speci-
Both announced and unannounced ex- fied response times.
ercises must be included. (a) You may submit a request for a
(b) The following are the minimum temporary waiver of a specific response
exercise requirements for vessels cov- time requirement, if you are unable to
ered by this subpart: identify a resource provider who can
(1) Remote assessment and consulta- meet the response time.
tion exercises, which must be con- (b) Your request must be specific as
ducted quarterly; to the COTP zone, operating environ-
(2) Emergency procedures exercises, ment, salvage or marine firefighting
which must be conducted quarterly; service, and response time.
(3) Shore-based salvage and shore- (c) Emergency lightering require-
based marine firefighting management ments set forth in § 155.4030(b) will not
team tabletop exercises, which must be be subject to the waiver provisions of
conducted annually; this subpart.
(4) Response provider equipment de- (d) You must submit your request to
ployment exercises, which must be con- the Assistant Commandant for Re-
ducted annually; sponse Policy (CG–5R), via the local
458
COTP for final approval. The local § 155.5010 Purpose.

COTP will evaluate and comment on The purpose of this subpart is to es-
the waiver before forwarding the waiv- tablish requirements for oil spill re-
er request, via the District, to the As- sponse plans for nontank vessels. The
sistant Commandant (CG–5R) for final planning criteria in this subpart are in-
approval. tended for use in nontank vessel oil
(e) Your request must include the spill response plan development and
reason why you are unable to meet the the identification of resources nec-
time requirements. It must also in- essary to respond to a nontank vessel’s
clude how you intend to correct the worst case discharge or substantial
shortfall, the time it will take to do so, threat of such a discharge. The devel-
and what arrangements have been opment of a nontank vessel response
made to provide the required response plan prepares the vessel’s crew and ship
resources and their estimated response management to respond to an oil spill.
times. The specific criteria for response re-
sources and their arrival times are not
(f) Assistant Commandant for Re-
performance standards. They are plan-
sponse Policy (CG–5R), will only ap- ning criteria based upon a set of as-
prove waiver requests up to a specified sumptions that may not exist during
time period, depending on the service an actual oil spill incident. Note to
addressed in the waiver request, the op- § 155.5010: For nontank vessels that are
erating environment, and other rel- mobile offshore drilling units (MODUs),
evant factors. These time periods are additional oil spill planning standards
listed in Table 155.4055(g). are found in 30 CFR part 254.
(g) Table 155.4055(g) lists the service
waiver time periods. § 155.5012 Deviation from response
plan.
TABLE 155.4055(g)—SERVICE WAIVER TIME The owner or operator of a nontank
PERIODS vessel required to have a vessel re-
sponse plan (VRP) under this subpart
Maximum
waiver may not deviate from the approved
Service time VRP unless the President or Federal
period
(years) On-Scene Coordinator determines that
the deviation from the VRP would pro-
(1) Remote salvage assessment & consultation ... 0 vide for a more expeditious or effective
(2) Remote firefighting assessment & consultation 0 response to the spill or mitigation of
(3) On-site salvage & firefighting assessment ...... 1
its environmental effects.
(4) Hull and bottom survey .................................... 2
(5) Salvage stabilization services .......................... 3
(6) Fire suppression services ................................ 4
(7) Specialized salvage operations ....................... 5 (a) Except as provided in paragraph
(d) of this section, this subpart applies
(h) You must submit your waiver re- to each self-propelled vessel that—
quest 30 days prior to any plan submis- (1) Carries oil of any kind as fuel for
sion deadlines identified in this or any main propulsion;
other subpart of part 155 in order for (2) Is not a tank vessel or is not cer-
your vessel to continue oil transport or tificated as a tank vessel;
transfer operations. (3) Operates upon the navigable
waters of the United States, as defined
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as in 46 U.S.C. 2101(17a); and
amended by USCG–2014–0410, 79 FR 38437, (4) Is 400 gross tons or more as meas-
July 7, 2014; USCG–2016–0498, 82 FR 35082, ured under the convention measure-
July 28, 2017] ment system in 46 U.S.C. 14302 or the
regulatory measurement system of 46
Subpart J—Nontank Vessel U.S.C. 14502 for vessels not measured
Response Plans under 46 U.S.C. 14302.
(b) This subpart also applies to ves-
sels carrying oil as secondary cargo

SOURCE: USCG–2009–1070, 78 FR 60124, Sept.
and that meet the requirements of
paragraph (a) of this section.
459
§ 155.5020 33 CFR Ch. I (7–1–20 Edition)
(c) For Integrated Tug Barge (ITB) (1) A written contractual agreement
units that are not certificated as tank between a vessel owner or operator and
vessels, the tonnage used to determine a required response resource provider.
applicability of these regulations is the The agreement must identify and en-
aggregate tonnage of the ITB combina- sure the availability of specified per-
tion, and the oil capacity used to deter- sonnel and equipment required under
mine the worst case discharge volume this subpart within stipulated response
is the aggregate oil capacity of the ITB times in the applicable Captain of the
combination. Port (COTP) zone or specified geo-
(d) This subpart does not apply to the graphic areas;
following types of vessels— (2) Certification by the vessel owner
(1) Public vessels; or operator that specified personnel
(2) Foreign-flag vessels engaged in in- and equipment required under this sub-
nocent passage through the territorial part are owned, operated, or under the
sea or transit passage through a strait
direct control of the vessel owner or
used for international navigation, un-
operator, and are available within stip-
less bound for or departing from a port
or place of the United States; ulated response times in the applicable
COTP zone or specified geographic
(3) Vessels that carry oil as a pri-
mary cargo and are required to submit areas;
a vessel response plan (VRP) in accord- (3) Active membership with a local or
ance with 33 CFR part 155, subpart D; regional required response resource
(4) Vessels constructed or operated in provider that has identified specific
such a manner that no oil in any form personnel and equipment required
can be carried onboard as fuel for pro- under this subpart that are available to
pulsion or cargo; respond to a discharge within stipu-
(5) Permanently moored craft; and lated response times in the COTP zone
(6) Inactive vessels. or specified geographic areas;
Note to § 155.5015: VRP requirements (4) A document that—
for tank vessels are found in subpart D (i) Identifies the personnel, equip-
of this part. ment, and services capable of being
provided by the required response re-
§ 155.5020 Definitions. source provider within stipulated re-
Except as otherwise defined in this sponse times in the COTP zone or spec-
section, the definitions in §§ 155.110 and ified geographic areas;
155.1020 apply to this subpart. For the (ii) Sets out the parties’ acknowledg-
purposes of this subpart only, the ment that the required response re-
term— source provider intends to commit the
Cargo means oil, not carried as fuel, resources in the event of a response;
which is carried in bulk, and that is (iii) Permits the Coast Guard to
transported to and off-loaded at a port verify the availability of the identified
or place by a vessel. It does not in- response resources through tests, in-
clude— spections, and exercises; and
(1) Oil carried in integral tanks, ma- (iv) Is referenced in the vessel re-
rine portable tanks, or independent sponse plan; or
tanks for use by machinery, heli-
(5) With the written consent of the
copters, and boats carried onboard the
required response resource provider,
vessel, or for use by helicopters that
are directly supporting the vessel’s pri- the identification of a required re-
mary operations; sponse resource provider with specified
(2) Oil transferred from a towing ves- equipment and personnel that are
sel to a vessel in its tow to operate in- available within stipulated response
stalled machinery other than the pro- times in the COTP zone, port area, or
pulsion plant; or specified geographic area. This para-
(3) Oil recovered during oil spill re- graph is ‘‘other approved means’’ for
sponse operations. only—

Contract or other approved means in-
cludes—
460
(i) Nontank vessels with a fuel or propulsion unit (tug) is mated to a

cargo oil capacity of less than 250 bar- cargo unit (barge) with a specially de-
rels for maximum most probable dis- signed connection system such that the
charge oil spill removal response re- combined unit has operating character-
source requirements per 33 CFR istics and seakeeping capabilities that
155.5050(e); exceed, under all anticipated weather
(ii) Nontank vessels that carry group conditions, those of a tug and barge,
I through group IV petroleum oils as where the tug is secured in the barge
fuel or cargo with a capacity of 250 bar- notch or on fenders by means such as
rels or greater, but less than 2,500 bar- wire rope, chains, lines, or other tackle
rels, for salvage, emergency lightering, now commonly used in offshore towing.
and marine firefighting response re- Maximum most probable discharge or
sources per 33 CFR 155.5050(i)(2); MMPD means a discharge of—
(iii) Nontank vessels that carry (1) Two thousand five hundred (2,500)
group I through group IV petroleum barrels of oil, for vessels with a fuel
oils as fuel or cargo with a capacity and cargo capacity equal to or greater
less than 250 barrels for salvage re- than 25,000 barrels; or
sponse resources in 33 CFR (2) Ten percent of the vessel’s fuel
155.5050(i)(3); and cargo capacity, for vessels with a
(iv) Nontank vessels that carry group fuel and cargo capacity of less than
II through group IV petroleum oils as 25,000 barrels.
fuel or cargo with a capacity of 250 bar- Navigable waters of the United States
rels or greater, but less than 2,500 bar- means navigable waters of the United
rels, for dispersant response resources States as defined in 33 CFR 2.36(b)(1),
per 33 CFR 155.5035(i)(7) and 33 CFR including the waters in 46 U.S.C.
155.5050(j); and 2101(17a).
(v) Nontank vessels that carry groups Nontank vessel means a vessel meet-
I through IV petroleum oils as fuel or ing the description provided in 33 CFR
cargo with a capacity of 250 barrels or 155.5015(a).
greater, but less than 2,500 barrels, for Oil spill removal organization or OSRO
aerial oil spill tracking to support oil means any person or persons who
spill assessment and cleanup activities own(s) or otherwise control(s) oil spill
per 33 CFR 155.5050(k). removal resources that are designed
Fuel means all oils of any kind, for, or are capable of, removing oil
which may be used to supply power or from the water or shoreline. Control of
lubrication for primary or auxiliary such resources through means other
purposes onboard the vessel in which it than ownership includes leasing or sub-
is carried. contracting of equipment or, in the
Inactive vessel means a vessel that is case of trained personnel, by having
out of service or laid up and has contracts, evidence of employment, or
emptied its tanks of fuel except for the consulting agreements. OSROs provide
minimum amount of fuel necessary for response equipment and services, indi-
the maintenance of the vessel’s mate- vidually or in combination with sub-
rial condition. Such a vessel is consid- contractors or associated contractors,
ered not to be operating on the navi- under contract or other approved
gable waters of the United States for means, directly to a vessel owner or op-
the purposes of 33 U.S.C. 1321(j)(5), un- erator of a vessel or a facility required
less the cognizant COTP determines to have a response plan under 33 U.S.C.
that it poses an unacceptable risk to 1321(j)(5). OSROs are able to mobilize
the marine environment due to the and deploy equipment or trained per-
amount of oil carried for maintenance. sonnel and remove, store, and transfer
A vessel would not be considered inac- recovered oil. Persons such as sales and
tive if it carried oil as a cargo or cargo marketing organizations (e.g., distribu-
residue. torships and manufacturer’s represent-
Integrated Tug Barge or ITB means atives) that warehouse or store equip-
any tug barge combination in which a ment for sale are not OSROs.
specially designed propulsion unit (tug) P&I Club means a protection and in-
is mated to a cargo unit (barge) of a demnity insurance group that provides
compatible special design or where a liability insurance cover for the vessel
461
§ 155.5021 33 CFR Ch. I (7–1–20 Edition)
owner or operator that would respond be complete when all the connections
to an oil discharge or substantial for the transfer have been uncoupled
threat of such a discharge by the ves- and secured with blanks or other clo-
sel. sure devices and both of the persons in
Permanently moored craft means a charge have completed the declaration
watercraft that is not considered to be of inspection to include the date and
a vessel under the rule of construction time they complete the transfer.
in 1 U.S.C. 3, because it is not prac- Worst case discharge or WCD means a
tically (as opposed to theoretically) discharge in adverse weather condi-
used or capable of being used as a tions of a vessel’s entire fuel or cargo
means of transportation on the water. oil, whichever is greater.
Public vessel means a vessel owned or [USCG–2008–1070, 78 FR 60124, Sept. 30, 2013,
bareboat-chartered and operated by the as amended by USCG–2014–0410, 79 FR 38437,
United States, or by a State or polit- July 7, 2014]
ical subdivision thereof, or by a foreign
nation, except when such vessel is en- § 155.5021 Operating restrictions.
gaged in commerce. Nontank vessels subject to this sub-
Qualified individual or QI and alter- part may not—
nate qualified individual means a shore- (a) Operate upon the navigable
based representative of a vessel owner waters of the United States unless in
or operator who meets the require- compliance with a vessel response plan
ments of 33 CFR 155.5026. (VRP) approved under § 155.5065.
Substantial threat of such a discharge (b) Continue to operate on the navi-
means any incident involving a vessel gable waters of the United States if—
that may create a significant risk of (1) The Coast Guard determines that
discharge of fuel or cargo oil. Such in- the response resources identified in the
cidents include, but are not limited to, vessel’s certification statement do not
groundings, allisions, strandings, colli- meet the requirements of this subpart;
sions, hull damage, fires, explosions, (2) The contracts or agreements re-
loss of propulsion, floodings, on-deck quired in §§ 155.5050 and 155.5052 and the
spills, or other similar occurrences. vessel’s certification statement are no
Tier means the combination of re- longer valid;
quired response resources and the (3) The vessel is not operating in
times within which the resources must compliance with the submitted VRP;
arrive on scene. Appendix B of this or
part, especially Tables 5 and 6, provide (4) The period of the VRP authoriza-
specific guidance on calculating the re- tion has expired.
sponse resources required by a respec-
tive tier. Section 155.5050(g) sets forth § 155.5023 Interim operating author-
the required times within which the re- ization.
sponse resources must arrive on scene. (a) Notwithstanding the require-
Tiers are applied to three categories of ments of § 155.5021 of this subpart, a
areas— vessel may continue to operate for up
(1) Higher volume port areas; to 2 years after the date of submission
(2) The Great Lakes; and of a vessel response plan (VRP) pending
(3) All other operating environments, approval of that VRP, if the vessel has
including rivers and canals, inland, received written authorization for con-
nearshore, offshore, and open ocean tinued operations from the Coast
areas. Guard.
Transfer means any movement of oil (b) To receive this authorization, the
to or from a vessel by means of pump- vessel owner or operator must certify
ing, gravitation, or displacement. A in writing with an original or elec-
transfer is considered to begin when tronic signature to the Coast Guard
the person in charge of the transferring that the vessel owner or operator has
vessel or facility and the person in identified and has ensured, by contract
charge of the receiving facility or ves- or other approved means, the avail-
sel first meet to begin completing the ability of the necessary private re-
declaration of inspection required by 33 sponse resources to respond, to the
CFR 156.150. A transfer is considered to maximum extent practicable, to a
462
worst case discharge or substantial derstood by the crew members with re-
threat of such a discharge from their sponsibilities under the VRP.
vessel. (b) The VRP must cover all geo-
(c) Those nontank vessels tempo- graphic areas of the United States in
rarily authorized to operate under the which the vessel intends to handle,
provisions provided in this section store, or transport oil, including port
must comply with 33 CFR 155.1070(c), areas and offshore transit areas.
(d), and (e). (c) The VRP must be divided into the
following sections—
§ 155.5025 One-time port waiver. (1) General information and introduc-
(a) If the vessel owner or operator tion;
seeks a one-time port waiver, they (2) Notification procedures;
must certify in writing or using elec- (3) Shipboard spill mitigation proce-
tronic signatures acceptable to the dures;
Coast Guard, prior to the vessel’s entry (4) Shore-based response activities;
into the Captain of the Port (COTP) (5) List of contacts;
zone, that they have met the require- (6) Training procedures;
ments of— (7) Exercise procedures;
(1) 33 CFR 155.1025(e)(1) through (3); (8) Plan review and update proce-
and dures;
(2) The vessel owner or operator has (9) Geographic-specific appendix
identified and ensured the availability (GSA) for each Captain of the Port
of, through contract or other approved (COTP) zone in which the vessel or ves-
means, the private response resources sels operate; and
necessary to respond, to the maximum (10) An appendix for vessel-specific
extent practicable under the criteria in information for the vessel or vessels
§ 155.5050 to a worst case discharge or covered by the VRP.
substantial threat of discharge from (d) A vessel owner or operator with
the vessel in the applicable COTP zone. multiple vessels may submit one plan
(b) Once the vessel owner or operator for all classes of vessels (i.e., subpart
satisfies the requirements of paragraph D—Manned vessels carrying oil as pri-
(a) of this section, the cognizant U.S. mary cargo and unmanned vessels car-
Coast Guard COTP may grant written rying oil as primary cargo; subpart E—
authorization for that nontank vessel Tankers loading cargo at a facility per-
to make one voyage in the respective mitted under the Trans-Alaska Pipe-
geographic-specific area not covered by line Authorization Act; subpart F—
the vessel response plan. Vessels carrying animal fats and vege-
(c) All requirements of this subpart table oils as primary cargo; and sub-
must be met by a nontank vessel that part G—Vessels carrying other non-pe-
received a one-time port waiver, for troleum oils as a primary cargo) with a
any subsequent voyage to the same ge- separate vessel-specific appendix for
ographic-specific area. each vessel covered by the plan and a
separate GSA for each COTP zone in
§ 155.5026 Qualified individual and al- which the vessel(s) will operate.
ternate qualified individual. (e) A VRP must be divided into the
The vessel response plan must iden- sections described in paragraph (c) of
tify a qualified individual and at least this section unless the VRP is supple-
one alternate who meet the require- mented with a cross-reference table to
ments of 33 CFR 155.1026. The qualified identify the location of the informa-
individual or alternate qualified indi- tion required by this subpart.
vidual must be available on a 24-hour (f) The information contained in a
basis. VRP must be consistent with—
(1) The National Oil and Hazardous
§ 155.5030 Nontank vessel response Substances Pollution Contingency
plan requirements: General con- Plan (NCP) (40 CFR part 300) and the
tent. Area Contingency Plan(s) (ACP) in ef-
(a) The entire vessel response plan fect on the date 6 months prior to the
(VRP) must be written in English and, submission date of the VRP; or
if applicable, in a language that is un- (2) Most recent NCP and ACP(s).
463
§ 155.5035 33 CFR Ch. I (7–1–20 Edition)
Note to § 155.5030(f)(1): See diagram of sels, this information should be pro-

‘‘Relationship of Plans’’ at 40 CFR vided for each vessel;
300.210. (2) The name, mailing address, email
(g) Copies of the submitted and ap- address, telephone number, and fac-
proved VRP must be available as fol- simile number, and procedures for con-
lows— tacting the vessel’s owner or operator
(1) The vessel owner or operator must on a 24-hour basis;
ensure that they maintain one English (3) A list of the Captain of the Port
language copy of the VRP, at a min- (COTP) zones, ports, and offshore tran-
imum the contents listed in paragraph sit areas in which the vessel intends to
(c)(1), (2), (3), (5), (6), (7), (9) and (10) of operate;
this section and a copy of the Coast (4) A table of contents or index of suf-
Guard approval letter, onboard the ves- ficient detail to permit personnel with
sel. In lieu of paper format, the vessel responsibilities under the VRP to lo-
owner or operator may keep an elec- cate the specific sections of the VRP;
tronic copy of the VRP and approval and
letter onboard the vessel. If applicable, (5) A record of change(s) page to
additional copies of the required VRP record information on VRP reviews,
sections must be in the language un- updates, or revisions.
derstood by crew members with respon- (b) Notification procedures section. This
sibilities under the VRP and main- section of the VRP must include the
tained onboard the vessel; and following information—
(1) A checklist with all notifications,
(2) The vessel owner or operator must
including telephone or other contact
also maintain a current copy of the en-
numbers, in order of priority to be
tire VRP and ensure that each person
made by shipboard or shore-based per-
identified as a qualified individual and
sonnel and the information needed for
alternate qualified individual in the
those notifications. Notifications
VRP has a current copy of the entire
should include those required by—
VRP. An electronic copy of the VRP is
(i) International Convention for the
authorized.
Prevention of Pollution from Ships
(h) Compliance with this subpart will (MARPOL) 73/78 (as set forth in 33 CFR
also constitute compliance for a U.S.- 151.26 and 33 CFR part 153); and
flag nontank vessel required to submit (ii) Any applicable State;
a Shipboard Oil Pollution Emergency (2) Identification of the person(s) to
Plan (SOPEP) pursuant to 33 CFR be notified of a discharge or substan-
151.09(c) and Regulation 37 of MARPOL tial threat of a discharge of oil. If the
73/78 Annex I as long as the additional notifications vary due to vessel loca-
requirements listed in § 155.5035(k) are tion, the persons to be notified also
met. A U.S.-flag nontank vessel hold- should be identified in a geographic-
ing a valid Certificate of Inspection en- specific appendix (GSA). This section
dorsed for Coastwise or Oceans oper- should separately identify—
ating routes with authorization to en- (i) The individual(s) or organiza-
gage on an international voyage must tion(s) to be notified by shipboard per-
maintain a U.S. Coast Guard SOPEP sonnel; and
approval letter per 33 CFR 151.27(e). A (ii) The individual(s) or organiza-
separate SOPEP is not required. tion(s) to be notified by shore-based
personnel;
§ 155.5035 Nontank vessel response (3) The procedures for notifying the
plan requirements: Specific con- qualified individual(s) designated by
tent.
the vessel’s owner or operator;
(a) General information and introduc- (4) Descriptions of the primary and, if
tion section. This section of the vessel available, secondary communications
response plan (VRP) must include— methods by which the notifications
(1) The vessel’s name, country of reg- would be made. These should be con-
istry, call sign, official number, and sistent with those in paragraph (b)(1) of
International Maritime Organization this section;

(IMO) international number (if applica- (5) The information that is to be pro-
ble). If the VRP covers multiple ves- vided in the initial and any follow-up
464
notifications under paragraph (b)(1) of lution and whether the discharge is

this section; continuing;
(i) The initial notification may be (D) Any changes in the on-scene
submitted in accordance with IMO Res- weather or sea conditions; and
olution A.851(20), ‘‘General Principles (E) Actions being taken with regard
for Ship Reporting Systems and Ship to the discharge and the movement of
Reporting Requirements, Including the ship; and
Guidelines for Reporting Incidents In- (6) Identification of the person(s) to
volving Dangerous Goods, Harmful be notified of a vessel casualty poten-
Substances and/or Marine Pollutants’’ tially affecting the seaworthiness of a
(incorporated by reference, see vessel and the information to be pro-
§ 155.140). However, the VRP must vided by the vessel’s crew to shore-
specify that the notification includes based personnel to facilitate the assess-
at least the following information— ment of damage stability and stress.
(A) Vessel name, country of registry, (c) Shipboard spill mitigation proce-
call sign, and official number (if any); dures section. This section of the VRP
(B) Date and time of the incident; must include—
(C) Location of the incident; (1) Procedures for the crew to miti-
(D) Course, speed, and intended track gate or prevent any discharge or a sub-
of vessel; stantial threat of a discharge of oil re-
(E) Radio station(s) and frequencies sulting from shipboard operational ac-
guarded; tivities associated with internal or ex-
(F) Date and time of next report; ternal oil transfers. Responsibilities of
(G) Type and quantity of oil onboard; vessel personnel should be identified by
(H) Nature and detail of defects, defi- job title and licensed/unlicensed posi-
ciencies, and damage (e.g., overfill of tion, if applicable. These procedures
tanks, grounding, collision, hull fail- should address personnel actions in ref-
ure, etc.); erence to—
(I) Details of pollution, including es- (i) Internal transfer system leaks;
timate of amount of oil discharged or (ii) Fuel tank overflows;
threat of discharge; (iii) Suspected tank or hull leaks;
(J) Weather and sea conditions on (iv) Assessment and monitoring ac-
scene; tivities;
(K) Ship size and type; (v) Personnel protection issues;
(L) Actions taken or planned by per- (vi) Protective equipment;
sons on scene; (vii) Threats to health and safety;
(M) Current conditions of the vessel; (viii) Containment and other re-
(N) Number of crew and details of in- sponse techniques;
juries, if any; and (ix) Isolation procedures;
(O) Details of Protection and Indem- (x) Decontamination of personnel;
nity (P&I) Club and Local Cor- and
respondent, as applicable. (xi) Disposal of removed oil and
(ii) The VRP must state that after clean-up materials;
transmission of the initial notification, (2) Procedures in the order of priority
as much information as possible that is for the crew to mitigate or prevent any
essential for the protection of the ma- discharge or a substantial threat of a
rine environment will be reported to discharge in the event of a casualty or
the appropriate on-scene coordinator in emergency as listed in paragraphs
follow-up reports. This information (c)(2)(i) through (x) of this section.
must include— These procedures should be listed sepa-
(A) Additional details on the type of rately and reference specific vessel
oil onboard; checklists required by the Inter-
(B) Additional details on the condi- national Ship Management (ISM) Code,
tion of the vessel and the ability to off- Section 8 (Resolution A.741(18), as
load cargo and transfer ballast and amended by Resolution MSC.104(73))
fuel; (incorporated by reference, see

(C) Additional details on the quan- § 155.140), or other means that will en-
tity, extent, and movement of the pol- sure consideration of all appropriate
465
§ 155.5035 33 CFR Ch. I (7–1–20 Edition)
factors when addressing a specific cas- vessel to perform the transfers should
ualty. In addition to the checklists, be identified;
specific personnel assignments for an- (6) The procedures and arrangements
ticipated tasks must be identified. Ref- for emergency towing, including the
erence to existing fire control plans rigging and operation of any emer-
and muster lists is sufficient to iden- gency towing equipment, if any, car-
tify personnel responsibilities in the ried onboard the vessel;
following scenarios— (7) The location, crew responsibil-
(i) Grounding or stranding; ities, and procedures for use of ship-
(ii) Explosion or fire, or both; board equipment that might be carried
(iii) Collision or allision; to mitigate an oil discharge;
(iv) Hull failure; (8) The crew’s responsibility, if any,
(v) Excessive list; for recordkeeping and sampling of
(vi) Containment system failure; spilled oil. Any requirements for sam-
(vii) Submerged and foundered; pling must address safety procedures to
(viii) Wrecked and stranded; be followed by the crew;
(ix) Hazardous vapor release; and (9) The crew’s responsibilities, if any,
to initiate a response and supervise
(x) Equipment failure (e.g., main pro-
shore-based response resources;
pulsion, steering gear, etc.);
(10) Damage stability and hull stress
(3) Procedures for the crew to deploy
considerations when performing ship-
discharge removal equipment if the
board mitigation measures. This sec-
vessel is equipped with such equip-
tion of the VRP should identify and de-
ment;
scribe—
(4) The procedures for internal trans- (i) Activities in which the crew is
fers of fuel in an emergency; trained and qualified to execute absent
(5) The procedures for ship-to-ship shore-based support or advice; and
transfers of fuel in an emergency— (ii) The information to be collected
(i) The format and content of the by the vessel’s crew to facilitate shore-
ship-to-ship transfer procedures should based assistance;
be consistent with the ‘‘Ship to Ship (11) Location of vessel plans nec-
Transfer Guide (Petroleum),’’ published essary to perform salvage, stability,
jointly by the International Chamber and hull stress assessments—
of Shipping and the Oil Companies (i) The vessel owner or operator
International Marine Forum (OCIMF) should ensure that a copy of these
(incorporated by reference, see plans is maintained ashore by either
§ 155.140); the vessel owner or operator or the ves-
(ii) The procedures should identify sel’s recognized classification society,
the specific response resources nec- unless the vessel has prearranged for a
essary to carry out the internal or ex- shore-based damage stability and resid-
ternal transfers, including— ual strength calculation program with
(A) Fendering equipment (ship-to- the vessel’s baseline strength and sta-
ship only); bility characteristics pre-entered. The
(B) Transfer hoses and connection VRP should indicate the shore location
equipment; and 24-hour access procedures of the
(C) Portable pumps and ancillary calculation program for the following
equipment; plans, where available—
(D) Lightering or fuel removal and (A) General arrangement plan;
mooring masters (ship-to-ship only); (B) Midship section plan;
and (C) Lines plan or table of offsets;
(E) Vessel and barge brokers (ship-to- (D) Tank tables;
ship only); (E) Load line assignment; and
(iii) Reference may be made to a sep- (F) Light ship characteristics; and
arate fuel oil transfer procedure and (ii) The VRP should identify the
lightering plan carried onboard the shore location and 24-hour access pro-
vessel, if safety considerations are cedures for the computerized, shore-
summarized in the plan; and based damage stability and residual

(iv) The location of all equipment structural strength calculation pro-
and fittings, if any, carried onboard the grams, if available; and
466
(12) Procedures for implementing per- tion for the following key individuals
sonnel safety mitigation strategies for and organizations must be included in
all personnel involved. These proce- this section of the VRP or, if more ap-
dures may contain more, but must ad- propriate, in a GSA, and referenced in
dress the following— this section of the VRP—
(i) Assessment and monitoring activi- (1) Vessel owner or operator;
ties; (2) Qualified individual and alternate
(ii) Personnel protection issues; qualified individual for the vessel’s
(iii) Protective equipment; area of operation;
(iv) Threats to health and safety;
(3) Applicable insurance provider,
(v) Containment and other response
techniques; representative, or surveyor for the ves-
(vi) Isolation procedures; sel’s area of operation;
(vii) Decontamination of personnel; (4) The vessel’s local agent(s) for the
and vessel’s area of operation, or a ref-
(viii) Disposal of removed oil and erence to the 24-hour point of contact
clean-up materials. as listed on the vessel’s notice of ar-
(d) Shore-based response activities sec- rival;
tion. This section of the VRP should in- (5) Person(s) within the oil spill re-
clude the following information— moval organization to notify for acti-
(1) The qualified individual’s (QI) re- vation of that oil spill removal organi-
sponsibilities and authority, including zation for the three spill scenarios
immediate communication with the identified in paragraph (i)(1)(v) of this
Federal On-Scene Coordinator (FOSC) section for the vessel’s area of oper-
and notification of the oil spill removal ation;
organization(s) identified in the VRP; (6) Person(s) within the identified re-
(2) If applicable, procedures for trans- sponse organization to notify for acti-
ferring responsibility for direction of vating the organizations to provide—
response activities from vessel per-
(i) The required emergency lightering
sonnel to the shore-based spill manage-
ment team; and fuel offloading required by
(3) The procedures for coordinating §§ 155.5050(i) and 155.5052 as applicable;
the actions of the vessel owner or oper- (ii) The required salvage and marine
ator or qualified individual with the firefighting required by §§ 155.5050(i)
predesignated FOSC responsible for and 155.5052 as applicable;
overseeing or directing those actions; (iii) The required dispersant response
(4) The organizational structure that equipment required by § 155.5050(j), as
would be used to manage the response applicable; and
actions. This structure should include (iv) The required aerial oil spill
the following functional areas and in- tracking and observation resources re-
formation for key components within quired by § 155.5050(k), as applicable;
each functional area— and
(i) Command and control; (7) Person(s) to notify for activation
(ii) Public information; of the spill management team for the
(iii) Safety; spill response scenarios identified in
(iv) Liaison with government agen- paragraph (i)(5) of this section for the
cies; vessel’s area of operation.
(v) Spill response operations;
(f) Training procedures section. This
(vi) Planning;
(vii) Logistics support; and section of the VRP must address the
(viii) Finance; and training procedures and programs of
(5) The responsibilities and duties of, the vessel owner or operator to meet
and functional job descriptions for each the requirements in § 155.5055.
oil spill management team position (g) Exercise procedures section. This
within the organizational structure section of the VRP must address the
identified in paragraph (d)(4) of this exercise program to be carried out by
section. the vessel owner or operator to meet

(e) List of contacts section. The name, the requirements in § 155.5060.
location, and 24-hour contact informa-
467
§ 155.5035 33 CFR Ch. I (7–1–20 Edition)
(h) Plan review, update, revision, of providing the equipment and sup-
amendment, and appeal procedure sec- plies necessary to meet the require-
tion. This section of the VRP must ad- ments of §§ 155.5050 and 155.5052, as ap-
dress the procedures the vessel owner propriate, and sources of trained per-
or operator must follow— sonnel to continue operation of the
(1) To meet the requirements of equipment and staff the OSRO(s) and
§§ 155.5070 and 155.5075; and spill management team identified for
(2) For any post-discharge review of the first 7 days of the response.
the VRP to evaluate and validate its (4) The GSA must list the response
effectiveness. resources and related information re-
(i) GSAs for each COTP zone in which quired under §§ 155.5050, 155.5052, and ap-
a vessel operates section. A GSA must be pendix B of this part, as appropriate.
included for each COTP zone identified. (5) If the Coast Guard has evaluated
(1) The appendices must include the an OSRO and has determined the
following information or identify the OSROs capability is equal to or exceeds
location of such information within the the response capability needed by the
VRP— vessel, the GSA may identify only the
(i) A list of the geographic areas OSRO and their applicable classifica-
(port areas, rivers and canals, Great tion and not the information required
Lakes, inland, nearshore, offshore, and in paragraph (i)(4) of this section. This
open ocean areas) in which the vessel information is subject to Coast Guard
intends to handle, store, or transport verification at any time during the va-
oil as fuel or cargo within the applica- lidity of the VRP.
ble COTP zone; (6) The GSA must also separately list
(ii) The volume and group of oil on the companies identified to provide the
which the required level of response re- salvage, emergency lightering, and ma-
sources are calculated; rine firefighting resources required in
(iii) Required Federal or State notifi- this subpart. The GSA must list the re-
cations applicable to the geographic sponse resources and related informa-
areas in which a vessel operates; tion required in paragraph (i)(4) of this
(iv) Identification of the QI; and section. This information is subject to
(v) Identification of the oil spill re- Coast Guard verification at any time
moval organization(s) (OSRO) that are during the validity of the VRP.
identified and ensured available, (i) Nontank vessels with a capacity
through contract or other approved less than 2,500 barrels, but greater than
means, and the spill management team or equal to 250 barrels, need only plan
to respond to the following spill sce- for and identify salvage, emergency
narios, as applicable— lightering, and marine firefighting re-
(A) Average most probable discharge; sponse resources, as required by sub-
(B) Maximum most probable dis- part I, in the VRP but do not have to
charge; and ensure these resources are available by
(C) Worst case discharge. contract. Submission of a written con-
(2) Nontank vessels with a capacity sent for plan listing from the recog-
less than 250 barrels must plan for and nized response resource provider must
identify maximum most probable dis- accompany the VRP for approval or re-
charge response resources in the VRP vision. This is considered an acceptable
but do not have to ensure these re- ‘‘other approved means.’’ See 33 CFR
sources are available by contract. Sub- 155.5020, paragraph (5) of the definition
mission of a written consent for plan of ‘‘Contract or other approved
listing from the recognized response re- means.’’
source provider must accompany the (ii) Nontank vessels with a capacity
VRP for approval or revision. This is less than 250 barrels need only plan for
considered an acceptable ‘‘other ap- and identify salvage response resources
proved means.’’ See 33 CFR 155.5020, in the VRP but do not have to ensure
paragraph (5) of the definition of ‘‘Con- these resources are available by con-
tract or other approved means.’’ tract. Submission of a written consent
(3) The organization(s) identified to for plan listing from the recognized re-
meet the requirements of paragraph sponse resource provider must accom-
(i)(1)(v) of this section must be capable pany the VRP for approval or revision.
468
This is considered an acceptable ‘‘other where dispersant use pre-authorization

approved means.’’ See 33 CFR 155.5020, agreements exist, need only plan for
paragraph (5) of the definition of ‘‘Con- and identify dispersant response re-
tract or other approved means.’’ sources but not ensure their avail-
(7) For nontank vessels with a capac- ability by contract. Submission of a
ity of 2,500 barrels or greater that carry written consent from the dispersant re-
group II through group IV petroleum sponse resource provider must accom-
oils as fuel or cargo and that operate in pany the VRP for approval or revision.
waters where dispersant use pre-au- This is considered an acceptable ‘‘other
thorization agreements exist, the GSA approved means.’’ See 33 CFR 155.5020,
must also separately list the resource paragraph (5) of the definition of ‘‘Con-
providers and specific resources, in- tract or other approved means.’’
cluding appropriately trained dispers- (10) For nontank vessels with a fuel
ant-application personnel, necessary to and cargo capacity of 2,500 barrels or
provide, if appropriate, the dispersant greater not operating exclusively on
capabilities required in this subpart. the inland areas of the United States,
All resource providers and resources the GSA must also separately list the
must be available by contract or other resource providers and specific re-
approved means. The dispersant resources necessary to provide oil spill
sources to be listed within this section tracking capabilities required in this
must include the following— subpart. The oil spill tracking re-
(i) Identification of each primary dis- sources to be listed within this section
persant staging site to be used by each must include the following—
dispersant-application platform to (i) The identification of a resource
meet the requirements of § 155.5050(j) of provider; and
this chapter; and (ii) The type and location of aerial
(ii) Identification of the platform surveillance aircraft that have been en-
type, resource provider, location, and sured available, through contract or
dispersant payload for each dispersant- other approved means, to meet the oil
application platform identified. Loca- spill tracking requirements of
tion data must identify the distance § 155.1050(k) of this part.
between the platform’s home base and (11) Nontank vessels with a capacity
the identified primary dispersant-stag- of 250 barrels or greater, but less than
ing site(s) for this section. 2,500 barrels, need only plan for and
(8) For each unit of dispersant stock- identify aerial oil spill tracking re-
pile required to support the effective sponse resources in the VRP, but do
daily application capacity of each dis- not have to ensure these resources are
persant-application platform necessary available by contract. Submission of a
to sustain each intended response tier written consent for plan listing from
of operation, identify the dispersant the recognized response resource pro-
product resource provider, location, vider must accompany the VRP for ap-
and volume. Location data must in- proval or revision. This is considered
clude the distance from the stockpile an acceptable ‘‘other approved means.’’
to the primary staging sites where the See 33 CFR 155.5020, ‘‘Contract or other
stockpile would be loaded on to the approved means’’, paragraph (5).
corresponding platforms. If the Coast (j) Appendices for vessel-specific infor-
Guard has evaluated an OSRO and has mation section. This section of the VRP
determined its capability meets the re- must include for each vessel covered by
sponse capability needed by the vessel the VRP the following information, as
owner or operator, the section may applicable—
identify the OSRO only, and not the in- (1) List of the vessel’s principal char-
formation required in paragraphs acteristics;
(i)(7)(i), (i)(7)(ii), and (i)(8) of this sec- (2) Capacities of all cargo, fuel, lube
tion. oil, ballast, and fresh water tanks;
(9) Nontank vessels with an oil capac- (3) The total volume and groups of oil
ity of 250 barrels or greater, but less that would be involved in a—
than 2,500 barrels, that carry group II (i) Maximum most probable dis-
through group IV petroleum oils as fuel charge; and
or cargo and that operate in waters (ii) Worst case discharge;
469
§ 155.5035 33 CFR Ch. I (7–1–20 Edition)
(4) Diagrams showing location of all Plan (SOPEP) and Coast Guard
cargo, fuel, lube oil, and slop tanks, as Nontank Vessel Response Plan. The
applicable; following information must be sub-
(5) General arrangement plan (can be mitted consistent with Regulation 37 of
maintained separately onboard the ves- MARPOL 73/78 Annex I as set forth in
sel providing the VRP identifies the 33 CFR 151.26—
specific location); (1) The introductory text required by
(6) Midships section plan (can be 33 CFR 151.26(b)(1);
maintained separately onboard the ves- (2) The preamble statement regarding
sel providing the VRP identifies the
the purpose of the plans and how the
specific location);
plan relates to other shore-related
(7) Cargo and fuel piping diagrams
and pumping plan, as applicable (can plans as required by 33 CFR 151.26(b)(2);
be maintained separately onboard the (3) The information on authorities or
vessel providing the VRP identifies the persons to be contacted in the event of
specific location); an oil pollution incident as required 33
(8) Damage stability data (can be CFR 151.26(b)(3)(iii). This information
maintained separately, providing the must also clearly specify who will be
VRP identifies the specific location); responsible for informing the necessary
(9) Location of cargo and fuel stow- parties from the coastal State con-
age plan for vessel; and tacts, the port contacts, and the ship
(10) Location of information on the interest contacts. This information
name, description, physical and chem- must include—
ical characteristics, health and safety (i) An appendix containing coastal
hazards, and spill and firefighting pro- State contacts for those coastal States
cedures for the fuel and cargo oil on- in which the vessel regularly transits
board the vessel. A material safety the exclusive economic zone. The ap-
data sheet meeting the requirements of pendix should list those agencies or of-
29 CFR 1910.1200, SOLAS 74 regulation ficials of administrations responsible
VI/5–1, cargo information required by for receiving and processing pollution
33 CFR 154.310, or equivalent, will meet
incident reports;
this requirement. This information can
be maintained separately. (ii) An appendix of port contacts for
(k) Required appendices for MARPOL those ports at which the vessel regu-
73/78 Annex I, Regulation 37, Shipboard larly calls; and
Oil Pollution Emergency Plan (SOPEP) (iii) For Antarctica, reports must
information. U.S.-flag vessels not cer- also be directed to any Antarctic sta-
tificated for coastwise or oceans oper- tion that may be affected in accord-
ating routes and foreign-flag vessels ance with 33 CFR 151.26(b)(3)(iii)(C);
that are in compliance with Regulation (4) Include the procedures and point
37 of MARPOL 73/78 Annex I are not re- of contact on the ship for coordinating
quired to comply with this paragraph. shipboard activities with national and
A vessel owner or operator of a U.S.- local authorities in combating an oil
flag vessel constructed or certificated spill incident in accordance with 33
for coastwise or oceans operating CFR 151.26(b)(5). The plan should ad-
routes, but that does not engage in dress the need to contact the coastal
international voyages, may request to State to advise them of action(s) being
be exempted from compliance with this implemented and determine what au-
paragraph through submission of a cer- thorization(s), if any, are needed; and
tified statement, attesting same, to (5) Required information lists in sep-
Commandant (CG–MER), Office of Ma-
arate appendices per 33 CFR
rine Environmental Response Policy,
151.26(b)(6)(ii).
which must accompany the new
nontank vessel response submission or [USCG–2009–1070, 78 FR 60124, Sept. 30, 2013,
resubmission. U.S.-flag vessels that as amended by USCG–2010–0194, 80 FR 5933,
must comply with this paragraph must Feb. 4, 2015; USCG–2016–0498, 82 FR 35082,
label the cover of their VRP as a July 28, 2017]

MARPOL 73/78 Annex I, Regulation 37
Shipboard Oil Pollution Emergency
470
§ 155.5050 Response plan development charge up to the vessel’s maximum

and evaluation criteria for nontank most probable discharge (MMPD) vol-
vessels carrying groups I through ume. For the purposes of meeting the
IV petroleum oil. requirements of this paragraph, vessel
(a) Criteria for evaluating operability of owners or operators must meet 33 CFR
response resources. The criteria used to 155.1050(e).
evaluate the operability of response re- (2) The owner or operator of a
sources identified in a vessel response nontank vessel with a capacity less
plan (VRP) for specified operating en- than 250 barrels must plan for and iden-
vironments must be in accordance with tify MMPD response resources in the
33 CFR 155.1050(a). VRP but do not have to ensure these
(b) Operating environment reclassifica- resources are available by contract.
tion of specific bodies of water. Captain Submission of a written consent for
of the Port (COTP) reclassification of a plan listing from the recognized re-
specific body of water or location with- sponse resource provider must accom-
in the COTP zone must be in accord- pany the VRP for approval or revision.
ance with 33 CFR 155.1050(b). This is considered an acceptable ‘‘other
(c) Criteria for response equipment. Re- approved means.’’ See 33 CFR 155.5020,
sponse equipment must— paragraph (5) of the definition of ‘‘Con-
(1) Meet or exceed the criteria listed tract or other approved means.’’
in Table 1 of appendix B of this part; (f) Worst case discharge. The owner or
(2) Be capable of functioning in the operator of a nontank vessel with a ca-
applicable operating environment; and pacity of 2,500 barrels or greater car-
(3) Be appropriate for the amount of rying groups I through IV petroleum
oil capable of being carried. oil as fuel or cargo must identify in the
(d) Average most probable discharge. (1) VRP and ensure the availability of,
The owner or operator of a nontank through contract or other approved
vessel that carries groups I through IV means, the response resources nec-
petroleum oil as cargo must identify in essary to respond to discharges up to
the VRP and ensure the availability of, the worst case discharge (WCD) volume
through contract or other approved of the oil to the maximum extent prac-
means, the response resources that will ticable. For the purposes of meeting
respond to a discharge up to the ves- the requirements of this paragraph,
sel’s average most probable discharge vessel owners or operators must meet
(AMPD). Nontank vessels that carry 33 CFR 155.1050(f). Nontank vessels
oil as cargo must meet the require- need only plan for Tier 1 response re-
ments for AMPD coverage, as applica- sources.
ble, per 33 CFR 155.1050(d). (g) Tier 1 response times. Response
(2) Nontank vessels that only carry equipment identified to respond to a
groups I through IV petroleum oil as WCD should be capable of arriving on
fuel do not have to ensure the avail- scene within the times specified in this
ability of AMPD resources by contract paragraph for the applicable response
or other approved means, but must in a higher volume port area, Great
plan for and identify response re- Lakes, or in other areas. Table
sources required in § 155.1050(d)(1) and 155.5050(g) details response times for
list this information in the applicable this tier, from the time of discovery of
geographic-specific appendix for bun- a discharge.
kering or fueling operations. Permis-
sion or acknowledgement from the list- TABLE 155.5050(g)—RESPONSE TIMES FOR
ed resource providers is not required. TIER 1
(e) Maximum most probable discharge.
(1) The owner or operator of a nontank Tier 1
vessel with a capacity of 250 barrels or
greater carrying groups I through IV Higher volume port area ......................... 12 hrs.
petroleum oil as fuel or cargo must Great Lakes ............................................ 18 hrs.
identify in the VRP and ensure the All other operating environments, includ- 24 hrs.
availability of, through contract or ing rivers and canals, inland, near-
shore, offshore, and open ocean
other approved means, the response re- areas.
sources necessary to respond to a dis-
471
§ 155.5050 33 CFR Ch. I (7–1–20 Edition)
(h) Planning standards for the mobiliza- See 33 CFR 155.5020, paragraph (5) of
tion and response times for required the definition of ‘‘Contract or other ap-
MMPD and WCD response resources. For proved means.’’
the purposes of arranging for MMPD or (j) Dispersants. (1) The owner or oper-
WCD response resources through con- ator of a nontank vessel carrying
tract or other approved means, re- groups II through IV petroleum oil as
sponse equipment identified for plan fuel or cargo with a capacity of 2,500
credit should be capable of being mobi- barrels or greater that operates in any
lized and en route to the scene of a dis- area pre-authorized for dispersant use
charge within 2 hours of notification. must identify in their VRP, and ensure
The notification procedures identified the availability of, through contract or
in the VRP should provide for notifica- other approved means, response re-
tion and authorization for mobilization sources capable of conducting dispers-
of response resources— ant operations within those areas. Ves-
(1) Either directly or through the sel owners or operators must meet 33
qualified individual; and CFR 155.1050(k). These nontank vessels
(2) Within 30 minutes of a discovery must meet Tier 1 for dispersant effec-
of a discharge or substantial threat of tive daily application capability.
discharge. (2) The owner or operator of a
(i) Salvage, emergency lightering, and nontank vessel with a capacity less
marine firefighting requirements. The than 2,500 barrels, but greater than or
owner or operator of a nontank vessel equal to 250 barrels, needs to plan for
carrying groups I through IV petro- and identify dispersant response re-
leum oil as fuel or cargo must plan for sources in the VRP but do not have to
salvage, emergency lightering, and ma- ensure these resources are available by
rine firefighting response resources, as contract. Submission of a written con-
applicable. sent for plan listing from the recog-
(1) Nontank vessels with a capacity nized response resource provider must
of 2,500 barrels or greater must meet accompany the VRP for approval or re-
the salvage, emergency lightering, and vision. This is considered an acceptable
marine firefighting requirements found ‘‘other approved means.’’ See 33 CFR
in subpart I of this part. 155.5020, paragraph (5) of the definition
(2) Nontank vessels with a capacity of ‘‘Contract or other approved
less than 2,500 barrels, but greater than means.’’
or equal to 250 barrels, need to plan for (k) Aerial oil spill tracking and observa-
and identify salvage, emergency tion response resources. (1) The owner or
lightering, and marine firefighting re- operator of a nontank vessel carrying
sponse resources found in subpart I in groups I through IV petroleum oil as
the VRP but do not have to ensure fuel or cargo with a capacity of—
these resources are available by con- (i) 2,500 barrels or greater must iden-
tract. Submission of a written consent tify in the VRP, and ensure avail-
for plan listing from the recognized re- ability of, through contract or other
sponse resource provider must accom- approved means, the response resources
pany the VRP for approval or revision. necessary to provide aerial oil spill
This is considered an acceptable ‘‘other tracking to support oil spill assessment
approved means.’’ See 33 CFR 155.5020, and cleanup activities. Vessel owners
paragraph (5) of the definition of ‘‘Con- or operators of these vessels must meet
tract or other approved means.’’ 33 CFR 155.1050(l).
(3) Nontank vessels with a capacity (ii) Less than 2,500 barrels, but great-
less than 250 barrels need to plan for er than 250 barrels, need to plan for and
and identify salvage response resources identify aerial oil tracking response re-
found in subpart I in the VRP but do sources in the VRP but do not have to
not have to ensure these resources are ensure these resources are available by
available by contract. Submission of a contract. Submission of a written con-
written consent for plan listing from sent for plan listing from the recog-
the recognized response resource pro- nized response resource provider must
vider must accompany the VRP for ap- accompany the VRP for approval or re-
proval or revision. This is considered vision. This is considered an acceptable
an acceptable ‘‘other approved means.’’ ‘‘other approved means.’’ See 33 CFR
472
155.5020, ‘‘Contract or other approved sources of additional equipment equal

means’’, paragraph (5). to twice the cap listed for each tier or
(2) Nontank vessels operating exclu- the amount necessary to reach the cal-
sively on the inland areas of the United culated planning volume, whichever is
States are not required to comply with lower, to the extent that this equip-
paragraph (k) of this section. ment is available. The equipment so
(l) Response resources necessary to per- identified must be capable of arriving
form shoreline protection operations. The on scene no later than the applicable
owner or operator of a nontank vessel tier response times contained in
carrying groups I through IV petro- § 155.5050(g) or as quickly as the nearest
leum oil as fuel or cargo with a capac- available resource permits. A VRP
ity of 250 barrels or greater must iden- must identify the specific sources, lo-
tify in the VRP, and ensure the avail- cations, and quantities of this addi-
ability of, through contract or other tional equipment. No contract is re-
approved means, the response resources quired.
necessary to perform shoreline protec- (o) Review of response capability limits.
tion operations. The response resources The Coast Guard will continue to
must include the quantities of boom evaluate the environmental benefits,
listed in Table 2 of appendix B of this cost efficiency, and practicality of in-
part, based upon the specific COTP creasing mechanical recovery capa-
zones in which the vessel operates. bility requirements. This continuing
(m) Shoreline cleanup operations. The evaluation is part of the Coast Guard’s
owner or operator of a nontank vessel long term commitment to achieving
carrying groups I through IV petro- and maintaining an optimum mix of oil
leum oil as fuel or cargo with a capac- spill response capability across the full
ity of 250 barrels or greater must iden- spectrum of response modes. As best
tify in the VRP, and ensure the avail- available technology demonstrates a
ability of, through contract or other need to evaluate or change mechanical
approved means, an oil spill removal recovery capacities, a review of cap in-
organization capable of effecting a creases and other requirements con-
shoreline cleanup operation commen- tained within this subpart may be per-
surate with the quantity of emulsified
formed. Any changes in the require-
petroleum oil to be planned for in
ments of this section will occur
shoreline cleanup operations. The
through a rulemaking process. During
shoreline cleanup resources required
this review, the Coast Guard will deter-
must be determined as described in ap-
mine if established caps remain prac-
pendix B of this part.
ticable and if increased caps will pro-
(n) Practical and technical limits of re-
vide any benefit to oil spill recovery
sponse capabilities. Appendix B of this
operations. The review will include, at
part sets out response capability capac-
ities (caps) that recognize the practical least, an evaluation of—
and technical limits of response capa- (1) Best available technologies for
bilities for which an individual vessel containment and recovery;
owner or operator can contract in ad- (2) Oil spill tracking technology;
vance. Table 6 in appendix B lists the (3) High rate response techniques;
contracting caps that are applicable. (4) Other applicable response tech-
The owner or operator of a nontank nologies; and
vessel carrying groups I through IV pe- (5) Increases in the availability of
troleum oil as fuel or cargo, with a ca- private response resources.
pacity of 2,500 barrels or greater, whose (p) Nontank vessel response plan re-
required daily recovery capacity ex- quired response resources matrix. Table
ceeds the applicable contracting caps 155.5050(p) summarizes the VRP re-
in Table 6, must identify commercial quired response resources.
473
§ 155.5052 33 CFR Ch. I (7–1–20 Edition)
TABLE 155.5050(P)—NONTANK VESSEL RESPONSE PLAN REQUIRED RESPONSE RESOURCES MATRIX

Emer- Dis- Aerial Shore- Shore
Nontank vessel’s fuel Fire
AMPD MMPD WCD Salvage gency pers- track- line pro- line
or cargo oil capacity fighting
lightering ant 3 ing 4 tection cleanup
2,500 barrels or NO 1 .... YES .... YES .... YES .... YES ....... YES .... YES .... YES .... YES .... YES.
greater.
Less than 2,500 bar- NO 1 .... YES .... NO ...... YES 2 .. YES 2 ..... YES 2 .. YES 2 .. YES 2 .. YES .... YES.
rels, but greater
than or equal to
250 barrels.
Less than 250 barrels NO 1 .... YES 2 .. NO ...... YES 2 .. NO ......... NO ...... NO ...... NO ...... NO ...... NO.
1 For
nontank vessels carrying oil as fuel only. Nontank vessels carrying oil as cargo must meet AMPD response resources in
33 CFR 155.5050(d)(1) as applicable.
2 The indicated response resources that must be located within the stipulated response times in the specified geographic areas
need only be identified and planned for in the VRP, but not ensured available by contract. Submission of a written consent from
the response resource provider must accompany the VRP for approval. This is considered an acceptable ‘‘other approved
means.’’ See 33 CFR 155.5020, ‘‘Contract or other approved means’’, paragraph (5).
[USCG–2008–1070, 78 FR 60124, Sept. 30, 2013, § 155.5060 Exercises.

July 7, 2014] (a) For nontank vessels with an oil
capacity of 250 barrels or greater—
§ 155.5052 Response plan development (1) A vessel owner or operator re-
and evaluation criteria for nontank quired by § 155.5035 to have a vessel re-
vessels carrying group V petroleum sponse plan (VRP) must conduct exer-
oil. cises as necessary to ensure that the
Owners or operators of nontank ves- VRP will function in an emergency.
sels that carry group V petroleum oil Vessel owners or operators must in-
clude both announced and unan-
as fuel or cargo must meet the require-
nounced exercises; and
(2) A vessel owner or operator must
§ 155.5055 Training. comply with the VRP exercise require-
(a) For nontank vessels with an oil (b) For nontank vessels with an oil
capacity of 250 barrels or greater— capacity of less than 250 barrels, a ves-
(1) A vessel response plan (VRP) sub- sel owner or operator must comply
mitted to meet the requirements of with the VRP exercise requirements of
§ 155.5035 must identify the training to paragraph (a) of this section or the Al-
be provided to persons having respon- ternative Training and Exercise Pro-
sibilities under the VRP, including gram requirements of § 155.5061.
members of the vessel crew, the quali-
fied individual, and the spill manage- § 155.5061 Alternative Training and
Exercise Program.
ment team. The training program must
differentiate between that training (a) Owners or operators of nontank
provided to vessel personnel and that vessels with an oil capacity of less than
training provided to shore-based per- 250 barrels, in lieu of the training and
sonnel. Appendix C of this part pro- exercise requirements of §§ 155.5055 and
155.5060, may meet an Alternative
vides additional guidance regarding
Training and Exercise Program that
training; and
has been approved by the (CG–MER),
(2) A vessel owner or operator must Office of Marine Environmental Re-
comply with the vessel response plan sponse Policy for meeting the require-
training requirements of 33 CFR ments of this section.
155.1055. (b) Vessel owners or operators must
(b) For nontank vessels with an oil make available to the Coast Guard,
capacity of less than 250 barrels, a ves- upon request, any information related
sel owner or operator must comply to implementation of an approved Al-
with the VRP training requirements of ternative Training and Exercise Pro-
paragraph (a) of this section or the Al- gram.

ternative Training and Exercise Pro- (c) For approval of an Alternative
gram requirements of § 155.5061. Training and Exercise Program the
474
vessel owners or operators must submit § 155.5065 Procedures for plan submis-
to the Commandant (CG–MER) for re- sion and approval.
view and approval: The Alternative (a) An owner or operator of a
Training and Exercise Program and the nontank vessel, to which this subpart
following information to assess the applies, must submit one complete
adequacy of the proposed Alternative English language copy of a vessel re-
Training and Exercise Program— sponse plan (VRP) to Commandant
(1) A list of the vessels to which the (CG–MER), Attn: Vessel Response
Alternative Training and Exercise Pro- Plans, U.S. Coast Guard Stop 7516, 2703
gram is intended to apply; Martin Luther King Jr. Avenue SE.,
(2) An explanation of how the Alter- Washington, DC 20593–7516. The VRP
native Training and Exercise Program must be submitted at least 60 days be-
addresses the requirements of 33 CFR fore the vessel intends to operate upon
155.1055(b) through (f) and 33 CFR the navigable waters of the United
155.1060; and States.
(3) An explanation of how vessel own- (b) The owner or operator of a
ers or operators must implement the nontank vessel must include a state-
ment certifying that the VRP meets
Alternative Training and Exercise Pro-
the applicable requirements of this
gram in its entirety, including per-
subpart and the requirements of sub-
forming verification of implementa-
parts D, E, F, and G, if applicable. The
tion. vessel owner or operator must also in-
(d) Amendments to the Alternative clude a statement certifying that the
Training and Exercise Program ap- vessel owner or operator has ensured
proved under this section may be initi- the availability of, through contract or
ated by the submitter of an Alternative other approved means, the necessary
Training and Exercise Program. private response resources to respond,
(e) Approval of the Alternative to the maximum extent practicable, to
Training and Exercise Program is re- a worst case discharge or substantial
quired before a vessel may receive a threat of such a discharge from their
nontank vessel response plan approval vessel as required under this subpart.
letter. VRPs should be submitted electroni-
(f) The Commandant (CG–MER) will cally by using the Vessel Response
examine each submission for compli- Plan Electronic Submission Tool avail-
ance with this section and— able at https://homeport.uscg.mil/
(1) If the submission meets all the re- vrpexpress. If vessel owners or operators
quirements, the Coast Guard will con- submit VRPs in paper format, CG
sider the training and exercise program Form ‘‘Application for Approval/Revi-
requirements under this section to be sion of Vessel Pollution Response
satisfactory; or Plans’’ (CG–6083) located at: http://
(2) If the Coast Guard determines www.uscg.mil/forms/CG/CGl6083.pdf
that the submission does not meet all meets the requirement for a VRP cer-
of the requirements, the submitter will tification statement as required by this
be notified of the deficiencies. The sub- paragraph.
mitter may then resubmit a revised re- (c) If the Coast Guard determines
quest within the time period specified. that the VRP meets all requirements
of this subpart, the Coast Guard will
[USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as notify the vessel owner or operator
amended by USCG–2016–0498, 82 FR 35082, with an approval letter. The VRP will
July 28, 2017] be valid for a period of 5 years from the
date of approval, conditional upon sat-
§ 155.5062 Inspection and maintenance isfactory annual updates.
of response resources.
(d) If the Coast Guard reviews the
The owner or operator of a nontank VRP and determines that it does not
vessel required to submit a vessel re- meet all of the requirements of this
sponse plan under this part must com- subpart, the Coast Guard will notify
ply with the response resource inspec- the vessel owner or operator of the
tion and maintenance requirements of VRP deficiencies. The vessel owner or
33 CFR 155.1062. operator must then resubmit a copy of
475
§ 155.5067 33 CFR Ch. I (7–1–20 Edition)
the revised VRP or corrected portions an equivalent level of planning, re-

of the VRP, within the time period sponse, or pollution mitigation strate-
specified in the written notice provided gies;
by the Coast Guard. (4) Prevention and mitigation strate-
[USCG–2008–1070, 78 FR 60124, Sept. 30, 2013, gies that ensure low risk of spills and
as amended by USCG–2014–0410, 79 FR 38437, adequate response measures as a result
July 7, 2014; USCG–2016–0498, 82 FR 35083, of the alternative planning criteria;
July 28, 2017] and
(5) Environmental and economic im-
§ 155.5067 Alternative planning cri-
teria. pact assessments of the effects.
(c) The determination of an alter-
(a) When the owner or operator of a native planning criteria request will be
nontank vessel believes that national conducted by Commandant (CG–CVC),
planning criteria contained elsewhere Office of Commercial Vessel Compli-
in this part are inappropriate for the
ance.
areas in which the vessel intends to op-
erate, the vessel owner or operator [USCG–2009–1070, 78 FR 60124, Sept. 30, 2013,
may submit an alternative planning as amended at USCG–2016–0498, 82 FR 35083,
criteria request to the Coast Guard. Al- July 28, 2017]
ternative planning criteria requests
must be submitted 90 days before the § 155.5070 Procedures for plan review,
vessel intends to operate under the pro- revision, and amendment.
posed alternative, or as soon as is prac- (a) The owner or operator of a
ticable. The alternative planning cri- nontank vessel must review the vessel
teria request must be endorsed by the response plan (VRP) annually. This re-
Captain of the Port (COTP) with juris- view must occur within 1 month of the
diction over the geographic area(s) af- anniversary date of Coast Guard ap-
fected before being considered by Com- proval of the VRP.
mandant (CG–MER), Office of Marine (b) A VRP prepared and submitted
Environmental Response Policy, for under this subpart must be revised and
the review and approval of the respec- amended, as necessary, in accordance
tive vessel response plan (VRP). In any with § 155.1070.
case, the request must be received by
Commandant (CG–MER) with an en- § 155.5075 Appeal procedures.
dorsement by the respective COTP no
later than 21 days before the vessel in- (a) A vessel owner or operator who
tends to operate under the alternative disagrees with a deficiency determina-
planning criteria. tion may submit a petition for recon-
(b) The alternative planning criteria sideration to the Commandant (CG–
request should detail all elements of 5RI), Attn: Director of Incident Man-
the VRP where deviations from the re- agement and Preparedness Policy, U.S.
quirements in this subpart are being Coast Guard Stop 7516, 2703 Martin Lu-
proposed or have not been met. Re- ther King Jr. Avenue SE., Washington,
sponse equipment, techniques, or pro- DC 20593–7516 or vrp@uscg.mil within
cedures identified in the alternative the time period required for compli-
planning criteria request should be ance or within 7 days from the date of
submitted in accordance with the eval- receipt of the Coast Guard notice of a
uation criteria of appendix B of this deficiency determination, whichever is
part. The request should contain at a less. After considering all relevant ma-
minimum— terial presented, the Coast Guard will
(1) Reason(s) and supporting informa- notify the vessel owner or operator of
tion for the alternative planning cri- the final decision.
teria request; (1) Unless the vessel owner or oper-
(2) Identification of regulations ne- ator petitions for reconsideration of
cessitating the alternative planning the Coast Guard’s decision, the vessel’s
criteria request; owner or operator must correct the
(3) Proposals for alternative proce- vessel response plan (VRP) deficiencies
dures, methods, or equipment stand- within the period specified in the Coast
ards, where applicable, to provide for Guard’s initial determination.
476
Coast Guard, DHS Pt. 155, App. B
(2) If the vessel owner or operator pe- APPENDIX B TO PART 155—DETERMINING

titions the Coast Guard for reconsider- AND EVALUATING REQUIRED RE-
ation, the effective date of the Coast SPONSE RESOURCES FOR VESSEL RE-
Guard notice of deficiency determina- SPONSE PLANS
tion may be delayed pending a decision
1. Purpose
by the Coast Guard. Petitions to the
Coast Guard must be submitted in 1.1 The purpose of this appendix is to de-
writing, via the Coast Guard official scribe the procedures for identifying re-
sponse resources to meet the requirements of
who issued the requirement to amend
subparts D, E, F, G, and J of this part. These
the VRP, within 5 days of receipt of the guidelines will be used by the vessel owner or
notice. operator in preparing the response plan and
(b) Within 21 days of notification by the Coast Guard to review vessel response
that a VRP is not approved, the vessel plans. Response plans submitted under sub-
owner or operator may appeal that departs F and G of this part will be evaluated
termination to the Director of Incident under the guidelines in section 2 and Table 1
of this appendix.
Management and Preparedness Policy
(CG–5RI). This appeal must be sub- 2. Equipment Operability and Readiness
mitted in writing to Commandant (CG– 2.1 All equipment identified in a response
5RI), Attn: Director of Incident Man- plan must be capable of operating in the con-
agement and Preparedness Policy, U.S. ditions expected in the geographic area in
Coast Guard Stop 7516, 2703 Martin Lu- which a vessel operates. These conditions
ther King Jr. Avenue SE., Washington, vary widely based on the location and sea-
DC 20593–7516. son. Therefore, it is difficult to identify a
single stockpile of response equipment that
[USCG–2008–1070, 78 FR 60124, Sept. 30, 2013, will function effectively in every geographic
as amended by USCG–2014–0410, 79 FR 38437, location.
July 7, 2014; USCG–2016–0498, 82 FR 35083, 2.2 Vessels storing, handling, or trans-
July 28, 2017] porting oil in more than one operating envi-
ronment as indicated in Table 1 must iden-
tify equipment capable of successfully func-
tioning in each operating environment. For
example, vessels moving from the ocean to a
APPENDIX A TO PART 155— river port must identify appropriate equip-
SPECIFICATIONS FOR SHORE CONNECTION ment designed to meet the criteria for
[See §§ 340, 350, 370 and 380 of this part] transiting oceans, inland waterways, rivers,
and canals. This equipment may be designed
Item Description Dimension to operate in all of these environments or,
more likely, different equipment may be de-
1 ................. Outside diame- 215 mm. (8 in.).
signed for use in each area.
ter.
2 ................. Inside diameter According to pipe outside
2.3 When identifying equipment for re-
diameter. sponse plan credit, a vessel owner or oper-
3 ................. Bolt circle di- 183 mm. (7 3⁄16 in.). ator must consider the inherent limitations
ameter. in the operability of equipment components
4 ................. Slots in flange 6 holes 22 mm. (7⁄8 in.) in and response systems. The criteria in Table
diameter shall be 1 of this appendix must be used for evalu-
equidistantly placed on a ating the operability in a given environment.
bolt circle of the above di- These criteria reflect the general conditions
ameter, slotted to the
in certain operating areas.
flange periphery. The slot
width is to be 22 mm. (7⁄8 2.4 Table 1 of this appendix lists criteria
in.). for oil recovery devices and boom. All other
5 ................. Flange thick- 20 mm. (3⁄4 in.). equipment necessary to sustain or support
ness. response operations in a geographic area
6 ................. Bolts and nuts 6, each of 20 mm. (3⁄4 in.) must be designed to function in the same
in diameter and of suit- conditions. For example, boats which deploy
able length. or support skimmers or boom must be capa-
The flange must be of steel having a flat face, with a gasket ble of being safely operated in the significant
of oilproof material, and must be suitable for a service pres- wave heights listed for the applicable oper-
sure of 6 kg./cm.2 (85 p.s.i.). ating environment. The Coast Guard may re-
The steel materials used must meet the material specifica-
tions of standard B16.5, Steel Pipe Flanges and Flanged Fit- quire documentation that the boom identi-
tings of the American National Standards Institute. (See fied in a response plan meets the criteria in
§ 154.106 of this chapter.) Table 1 of this appendix. Absent acceptable
documentation, the Coast Guard may require
[CGD 75–124, 45 FR 7176, Jan. 31, 1980] that the boom be tested to demonstrate that
477
Pt. 155, App. B 33 CFR Ch. I (7–1–20 Edition)
it meets the criteria in Table 1 of this appen- must be included. A vessel owner of operator
dix. Testing must be in accordance with cer- is responsible for ensuring that identified
tain American Society for Testing Materials boom has compatible connectors.
(ASTM) standards [ASTM F 715 (incor-
porated by reference, see § 155.140) Standard 3. Determining Response Resources Required for
Methods of Testing Spill Control Barrier the Average Most Probable Discharge
Membrane Materials], or other tests ap- 3.1 A vessel owner or operator must iden-
proved by the Coast Guard. tify and ensure, by contract or other ap-
2.5 A vessel owner or operator must refer proved means, that sufficient response re-
to the applicable Area Contingency Plan to sources are available to respond to the 50-
determine if ice, debris, and weather-related barrel average most probable discharge at
visibility are significant factors in evalu- the point of an oil transfer involving a vessel
ating the operability of equipment. The Area that carries oil as a primary cargo or a
Contingency Plan will also identify the aver- nontank vessel carrying oil as cargo. The
age temperature ranges expected in a geo- equipment must be designed to function in
graphic area in which a vessel operates. All the operating environment at the point of oil
equipment identified in a response plan must
transfer. These resources must include—
be designed to operate within those condi-
3.1.1 Containment boom in a quantity
tions or ranges.
equal to twice the length of the largest ves-
2.6 The requirements of subparts D, E, F,
sel involved in the transfer capable of being
G, and J of this part establish response re-
deployed within 1 hour of the detection of a
source mobilization and response times. The
spill at the site of oil transfer operations. If
location where the vessel operates farthest
the transfer operation is more than 12 miles
from the storage location of the response re-
from shore, the containment boom must be
sources must be used to determine whether
deployed within 1 hour plus the travel time
the resources are capable of arriving on
scene within the time required. A vessel from the nearest shoreline at a speed of 5
owner or operator must include the time for knots.
notification, mobilization, and travel time of 3.1.2 Oil recovery devices with an effec-
resources identified to meet the maximum tive daily recovery capacity of 50 barrels or
most probable discharge and Tier 1 worst greater available at the transfer site within
case discharge requirements. For subparts D 2 hours of the detection of an oil discharge.
and E of this part, Tier 2 and 3 resources 3.1.3 Oil storage capacity for recovered
must be notified and mobilized as necessary oily material indicated in section 9.2 of this
to meet the requirements for arrival on appendix.
scene. An on-water speed of 5 knots and a 4. Determining Response Resources Required for
land speed of 35 miles per hour is assumed, the Maximum Most Probable Discharge
unless the vessel owner or operator can dem-
onstrate otherwise. 4.1 A vessel owner or operator shall iden-
2.7 For subparts D, E, and J of this part, tify and ensure, by contract or other ap-
in identifying equipment, the vessel owner or proved means, that sufficient response re-
operator must list the storage location, sources are available to respond to dis-
quantity, and manufacturer’s make and charges up to the maximum most probable
model, unless the oil spill removal organiza- discharge volume for that vessel. The re-
tion(s) providing the necessary response resources should be capable of containing and
sources have been evaluated by the Coast collecting up to 2,500 barrels of oil. All equip-
Guard, and their capability has been deter- ment identified must be designed to operate
mined to equal or exceed the response capa- in the applicable operating environment
bility needed by the vessel. For oil recovery specified in table 1 of this appendix.
devices, the effective daily recovery capac- 4.2 To determine the maximum most
ity, as determined using section 6 of this ap- probable discharge volume to be used for
pendix, must be included. For boom, the planning, use the lesser of—
overall boom height (draft plus freeboard) 4.2.1 2500 barrels; or
must be included. A vessel owner or operator 4.2.2 Ten percent of the total oil capacity.
must ensure that identified boom has com- 4.3 Oil recovery devices necessary to meet
patible connectors. the applicable maximum most probable dis-
2.8 For subparts F and G of this part, in charge volume planning criteria must be lo-
identifying equipment, the vessel owner or cated such that they arrive on scene within
operator shall list the storage location, 12 hours of the discovery of a discharge in
quantity, and manufacturer’s make and higher volume port areas and the Great
model, unless the oil spill removal organiza- Lakes, 24 hours in all other rivers and ca-
tion(s) providing the necessary response re- nals, inland, nearshore, and offshore areas,
sources have been evaluated by the Coast and 24 hours plus travel time from shore in
Guard, and their capability has been deter- all open ocean areas.
mined to equal or exceed the response capa- 4.3.1 Because rapid control, containment,
bility needed by the vessel. For boom, the and removal of oil is critical to reduce spill
overall boom height (draft plus freeboard) impact, the effective daily recovery capacity
478
for oil recovery devices must equal 50% of planning volume must be located such that
the planning volume applicable for the vessel they can arrive at the scene of a discharge
as determined in section 4.2 of this appendix. within the time specified for the applicable
The effective daily recovery capacity for oil response tier listed in §§ 155.1050(g) and
recovery devices identified in the plan must 155.5050(g).
be determined using the criteria in section 6 5.3 The effective daily recovery capacity
of this appendix. for oil recovery devices identified in a re-
4.4 In addition to oil recovery capacity, sponse plan must be determined using the
the vessel owner or operator must identify in criteria in section 6 of this appendix. A ves-
the response plan and ensure the availability sel owner or operator, as applicable under
of, through contract or other approved the regulations prescribed in this part, must
means, sufficient boom available within the identify the storage locations of all equip-
required response times for oil connection ment that must be used to fulfill the require-
and containment, and for protection of ments for each tier.
shoreline areas. While the regulation does 5.4 A vessel owner or operator, as applica-
not set required quantities of boom for oil ble under the regulations prescribed in this
collection and containment, the owner or op- part, must identify the availability of tem-
erator of a vessel must still identify in a re- porary storage capacity to meet the require-
sponse plan and ensure, through contract or ments of section 9.2 of this appendix. If avail-
other approved means, the availability of the able storage capacity is insufficient to meet
boom identified in the plan for this purpose. this requirement, then the effective daily re-
4.5 The plan must indicate the avail- covery capacity must be downgraded to the
ability of temporary storage capacity to limits of the available storage capacity.
meet the requirements of section 9.2 of this 5.5 When selecting response resources nec-
appendix. If available storage capacity is in- essary to meet the response plan require-
sufficient to meet this requirement, the ef- ments, the vessel owner or operator, as ap-
fective daily recovery capacity must be plicable under the regulations prescribed in
downgraded to the limits of the available this part, must ensure that a portion of
storage capacity. those resources are capable of being used in
4.6 The following is an example of a max- close-to-shore response activities in shallow
imum most probable discharge volume plan- water. The following percentages of the on-
ning calculation for equipment identifica- water response equipment identified for the
tion in a higher volume port area: applicable geographic area must be capable
The vessel’s cargo capacity is 10,000 bar- of operating in waters of 6 feet or less depth:
rels, thus the planning volume is 10 percent (i) Open ocean—none.
or 1,000 barrels. The effective daily recovery (ii) Offshore—10 percent.
capacity must be 50 percent of the planning (iii) Nearshore, inland, Great Lakes, and
volume, for 500 barrels per day. The ability rivers and canals—20 percent.
of oil recovery devices to meet this capacity 5.6 In addition to oil spill recovery de-
will be calculated using the procedures in vices and temporary storage capacity, a ves-
section 6 of this appendix. Temporary stor- sel owner or operator, as applicable under
age capacity available on scene must equal the regulations prescribed in this part, must
twice the daily recovery capacity as indi- identify in the response plan and ensure the
cated in section 9 of this appendix, or 1000 availability of, through contract or other ap-
barrels per day. This figure would represent proved means, sufficient boom that can ar-
the information the vessel owner or operator rive on scene within the required response
would use to identify and ensure the avail- times for oil containment and collection.
ability of, through contract or other ap- The specific quantity of boom required for
proved means, the required response re- collection and containment will depend on
sources. The vessel owner would also need to the specific recovery equipment and strate-
identify how much boom was available for gies employed. Table 2 of this appendix lists
use. the minimum quantities of additional boom
required for shoreline protection that a ves-
5. Determining Response Resources Required for sel owner or operator must identify in the
the Worst Case Discharge to the Maximum Ex- response plan and ensure the availability of,
tent Practicable through contract or other approved means.
5.1 A vessel owner or operator, as applica- 5.7 A vessel owner or operator, as applica-
ble under the regulations prescribed in this ble under the regulations prescribed in this
part, must identify and ensure, by contract part, must also identify in the response plan
or other approved means, that sufficient re- and ensure, by contract or other approved
sponse resources are available to respond to means, the availability of an oil spill re-
the worst case discharge of oil to the max- moval organization capable of responding to
imum extent practicable. Section 7 of this a shoreline cleanup operation involving the
appendix describes the method to determine calculated volume of emulsified oil that
the required response resources. might impact the affected shoreline. The
5.2 Oil spill recovery devices identified to volume of oil for which a vessel owner or op-
meet the applicable worst case discharge erator should plan for should be calculated
479
through the application of factors contained Spill Removal Devices], or an equivalent test
in Tables 3 and 4 of this appendix. The vol- approved by the Coast Guard.
ume calculated from these tables is intended 6.3.1 The following formula must be used
to assist the vessel owner or operator in to calculate the effective daily recovery ca-
identifying a contractor with sufficient re- pacity under this alternative:
sources. This planning volume is not used ex- R = D ×U
plicitly to determine a required amount of R—Effective daily recovery capacity
equipment and personnel. D—Average Oil Recovery Rate in barrels per
6. Determining Effective Daily Recovery hour (Item 13.2.16 in ASTM F 631; or ac-
tual performance data)
Capacity for Oil Recovery Devices
U—Hours per day that a vessel owner or op-
6.1 Oil recovery devices identified by a erator can document capability to oper-
vessel owner or operator must be identified ate equipment under spill conditions.
by manufacturer, model, and effective daily Ten hours per day must be used unless a
recovery capacity. These capacities must be vessel owner or operator can dem-
to meet the applicable planning criteria for onstrate that the recovery operation can
the average most probable discharge; max- be sustained for longer periods.
imum most probable discharge; and worst 6.4 A vessel owner or operator submitting
case discharge to the maximum extent prac- a response plan shall provide data that sup-
ticable. ports the effective daily recovery capacities
6.2 For the purposes of determining the for the oil recovery devices listed. The fol-
effective daily recovery capacity of oil recov- lowing is an example of these calculations:
ery devices, the following method will be A weir skimmer identified in a response
used. This method considers potential limi- plan has a manufacturer’s rated throughput
tations due to available daylight, weather, at the pump of 267 gallons per minute (gpm).
sea state, and percentage of emulsified oil in 267 gpm = 381 barrels per hour
the recovered material. The Coast Guard R = 381 × 24 × .2 = 1,829 barrels per day
may assign a lower efficiency factor to
After testing using ASTM procedures, the
equipment listed in a response plan if it de-
skimmer’s oil recovery rate is determined to
termines that such a reduction is warranted.
be 220 gpm. The vessel owner or operator
6.2.1 The following formula must be used identifies sufficient resources available to
to calculate the effective daily recovery ca- support operations 12 hours per day.
pacity:
220 gpm = 314 barrels per hour
R = T × 24 × E R = 314 × 12 = 3,768 barrels per day
R—Effective daily recovery capacity A vessel owner or operator will be able to
T—Throughput rate in barrels per hour use the higher capacity if sufficient tem-
(nameplate capacity) porary oil storage capacity is available.
E—20% efficiency factor (or lower factor as 6.5 Determinations of alternative effi-
determined by the Coast Guard) ciency factors under section 6.2 or alter-
6.2.2 For those devices in which the pump native effective daily recovery capacities
limits the throughput of liquid, throughput under section 6.3 of this appendix will be
rate will be calculated using the pump ca- made by Commandant (CG–MER), Attn: Ves-
pacity. sel Response Plans, U.S. Coast Guard Stop
6.2.3 For belt or mop type devices, the 7516, 2703 Martin Luther King Jr. Avenue
throughput rate will be calculated using SE., Washington, DC 20593–7516 or
data provided by the manufacturer on the vrp@uscg.mil. Oil spill removal organizations
nameplate rated capacity for the device. or equipment manufacturers may submit re-
6.2.4 Vessel owners or operators including quired information on behalf of multiple ves-
in the response plan oil recovery devices sel owners or operators.
whose throughput is not measurable using a
pump capacity or belt or mop capacity may 7. Calculating the Worst Case Discharge
provide information to support an alter- Planning Volumes
native method of calculation. This informa- 7.1 A vessel owner or operator, as applica-
tion must be submitted following the proce- ble under the regulations prescribed in this
dures in section 6.5 of this appendix. part, must plan for a response to a vessel’s
6.3 As an alternative to section 6.2 of this worst case discharge oil planning volume.
appendix, a vessel owner or operator may The planning for on-water recovery must
submit adequate evidence that a different ef- take into account a loss of some oil to the
fective daily recovery capacity should be ap- environment due to evaporation and natural
plied for a specific oil recovery device. Ade- dissipation, potential increases in volume
quate evidence is actual verified perform- due to emulsification, and the potential for
ance data in spill conditions or test using deposit of some oil on the shoreline.
certain ASTM standards [ASTM F 631 (incor- 7.2 The following procedures must be used
porated by reference, see § 155.140) Standard to calculate the planning volume used by a
Method for Testing Full Scale Advancing vessel owner or operator, as applicable under
480
the regulations prescribed in this part, for daily recovery capacity for each group is cal-
determining required on-water recovery ca- culated and summed before applying the cap.
pacity: 7.3 The following procedures must be used
7.2.1 The following must be determined: to calculate the planning volume for identi-
the total volume of oil cargo carried; the ap- fying shoreline cleanup capacity:
propriate cargo group for the type of petro- 7.3.1 The following must be determined:
leum oil carried [persistent (groups II, III, The total volume of oil carried; the appro-
and IV) or non-persistent (group I)]; and the priate group for the type of petroleum oil
geographic area(s) in which the vessel oper- carried [persistent (groups II, III, and IV) or
ates. For vessels carrying mixed cargoes non-persistent (group I)]; and the geographic
from different petroleum oil groups, each area(s) in which the vessel operates. For a
group must be calculated separately. This in- vessel carrying different oil groups, each
formation is to be used with Table 3 of this group must be calculated separately. Using
appendix to determine the percentages of the this information, Table 3 of this appendix
total cargo volume to be used for removal must be used to determine the percentages of
capacity planning. This table divides the the total oil volume to be used for shoreline
cargo volume into three categories: oil lost cleanup resource planning.
to the environment; oil deposited on the 7.3.2 The shoreline cleanup planning vol-
shoreline; and oil available for on-water re- ume must be adjusted to reflect an emulsi-
covery. fication factor using the same procedure as
described in section 7.2.2 of this appendix.
7.2.2 The on-water oil recovery volume
7.3.3 The resulting volume will be used to
must be adjusted using the appropriate
identify an oil spill removal organization
emulsification factor found in Table 4 of this
with the appropriate shoreline cleanup capa-
appendix.
bility.
7.2.3 The adjusted volume is multiplied by 7.4 The following is an example of the pro-
the on-water oil recovery resource mobiliza- cedure described above:
tion factor found in Table 5 of this appendix A vessel with a 100,000 barrel capacity for
from the appropriate operating area and re- #6 oil (specific gravity .96) will move from a
sponse tier to determine the total on-water higher volume port area to another area. The
oil recovery capacity in barrels per day that vessel’s route will be 70 miles from shore.
must be identified or contracted for to arrive
Cargo carried: 100,000 bbls. Group IV oil
on scene within the applicable time for each
Emulsification factor (from Table 4 of
response tier. Table 5 specifies three tiers.
this appendix): 1.4 Areas transited: In-
For higher volume port areas, the contracted
land, Nearshore, Offshore, Open ocean
tiers of resources must be located such that Planned % on-water recovery (from Table 3
they can arrive on scene within 12, 36, and 60 of this appendix):
hours of the discovery of an oil discharge. Inland 50%
For the Great Lakes, these tiers are 18, 42, Nearshore 50%
and 66 hours. For rivers and canals, inland, Offshore 40%
nearshore, and offshore, these tiers are 24, 48, Open ocean 20%
and 72 hours. For the open ocean area, these Planned % oil onshore recovery (from Table
tiers are 24, 48, and 72 hours with an addi- 3 of this appendix):
tional travel time allowance of 1 hour for Inland 70%
every additional 5 nautical miles from shore. Nearshore 70%
For nontank vessels, only Tier 1 is specified. Offshore 30%
7.2.4 The resulting on-water recovery ca- Open ocean 30%
pacity in barrels per day for each tier is used General formula to determine planning vol-
to identify response resources necessary to ume:
sustain operations in the applicable geo- (planning volume) = (capacity) × (% from
graphic area. The equipment must be capable Table 3 of this appendix) × (emulsi-
of sustaining operations for the time period fication factor from Table 4 of this ap-
specified in Table 3 of this appendix. A vessel pendix)
owner or operator, as applicable under the Planning volumes for on-water recovery:
regulations prescribed in this part, must Inland 100,000 × .5 × 1.4 = 70,000 bbls
identify and ensure the availability of, Nearshore 100,000 × .5 × 1.4 = 70,000 bbls
through contract or other approved means, Offshore 100,000 × .4 × 1.4 = 56,000 bbls
sufficient oil spill recovery devices to pro- Open ocean 100,000 × .2 × 1.4 = 28,000 bbls
vide the effective daily oil recovery capacity Planning volumes for on shore recovery:
required. If the required capacity exceeds the Inland 100,000 × .7 × 1.4 = 98,000 bbls
applicable cap described in Table 6 of this ap- Nearshore 100,000 × .7 × 1.4 = 98,000 bbls
pendix, then a vessel owner or operator must Offshore 100,000 × .3 × 1.4 = 42,000 bbls
contract only for the quantity of resources The vessel owner or operator must con-
required to meet the cap, but must identify tract with a response resource capable of
sources of additional resources as indicated managing a 98,000-barrel shoreline clean-
in § 155.1050(p). For a vessel that carries mul- up in those areas where the vessel comes
tiple groups of oil, the required effective closer than 50 miles to shore.
481
Determining required resources for on- ery requirements) = (on-water planning vol-
water recovery for each tier using mobiliza- ume as calculated above) × (mobilization fac-
tion factors: (barrel per day on-water recov- tor from Table 5 of this appendix).
Inland/Nearshore 70,000 ............................................................................................. × .15 .25 .40

Offshore 56,000 ........................................................................................................... × .10 .165 .21
Open ocean 28,000 ..................................................................................................... × .06 .10 .12
equals (barrels per day)
Inland/Nearshore ......................................................................................................... 10,500 17,500 28,000
Offshore ....................................................................................................................... 5,600 9,240 11,760
Open ocean ................................................................................................................. 1,680 2,800 3,360
Since the requirements for Tier 1 for in- tion. Subtract the WCD lost to natural dis-
land and nearshore exceed the caps, the ves- sipation from the total oil amount carried to
sel owner would only need to contract for determine the remaining oil available for
10,000 barrels per day for Tier 1. No addi- treatment by dispersant-application; and
tional equipment would be required to be 8.1.4 Multiply the oil available for dis-
identified because the required Tier 3 re- persant treatment by the dispersant to oil
sources are below the Tier 3 caps. planning application ratio of 1 part dispers-
10% of the on-water recovery capability for ant to 20 parts oil (0.05). The resulting num-
offshore, and 20% of the capability for in- ber represents the cumulative total dispers-
land/nearshore, for all tiers, must be capable ant-application capability that must be en-
of operating in water with a depth of 6 feet sured available within the first 60 hours.
or less. 8.1.5(i) The following is an example of the
The vessel owner or operator would also be procedure described in paragraphs 8.1.1
required to identify or contract for quan- through 8.1.4 above: A vessel with a 1,000,000
tities of boom identified in Table 2 of this gallons capacity of crude oil (specific gravity
appendix for the areas in which the vessel 0.87) will transit through an area with pre-
operates. authorization for dispersant use in the near-
shore environment on the U.S. East Coast.
8. Determining the Capability of High-Rate WCD: 1,000,000 gallons, Group III oil.
Response Methods Natural Dissipation Factor for Group III:
30 percent.
8.1 Calculate cumulative dispersant appli- General formula to determine oil available
cation capacity requirements as follows: for dispersant treatment: ((WCD)—[(WCD) ×
8.1.1 A vessel owner or operator, as appli- (natural dissipation factor)] = available oil.
cable under the regulations prescribed in E.g., 1,000,000 gal¥(1,000,000 gal × 0.30) =
this part, must plan either for a dispersant 700,000 gallons of available oil.
capacity to respond to a vessel’s worst case Cumulative application capacity = Avail-
discharge of oil, or for the amount of the dis- able oil × planning application ratio (1 gal
persant resource capability as required by dispersant/20 gals oil = 0.05).
§ 155.1050(k)(3) of this subchapter, whichever E.g., 700,000 gal oil × (0.05) = 35,000 gallons
is the lesser amount. When planning for the cumulative dispersant-application capacity.
cumulative application capacity that is re- (ii) The requirements for cumulative dis-
quired, the calculations should account for persant-application capacity (35,000) for this
the loss of some oil to the environment due vessel’s WCD is less than the overall dispers-
to natural dissipation causes (primarily ant capability cap for non-Gulf Coast waters
evaporation). The following procedure should required by § 155.1050(k) of this chapter. Be-
be used to determine the cumulative applica- cause paragraph 8.1.1 of this appendix re-
tion requirements: quires owners and operators to ensure the
8.1.2 Determine the WCD volume of oil availability of the lesser of a vessel’s dispers-
carried in gallons, and the appropriate oil ant requirements for WCD or the amount of
group for the type of petroleum oil carried the dispersant cap provided for in
(Groups II, III, IV). For vessels carrying dif- § 155.1050(k)(3), the vessel in this example
ferent oil groups, assume a WCD using the would be required to ensure the availability
oil group that constitutes the largest portion of 35,000 gallons of dispersant. More specifi-
of the oil being carried, or the oil group with cally, this vessel would be required to meet
the smallest natural dissipation factor; the following tier requirements in
8.1.3 Multiply the WCD in gallons by the § 155.1050(k), which total 35,000 gallons appli-
natural dissipation factor for the appropriate cation:
oil group as follows: Group II factor is 0.50; Tier—1 4,125 gallons—Completed in 12

Group III factor is 0.30; and Group IV factor hours.
is 0.10. This represents the amount of oil that Tier—2 23,375 gallons—Completed in 36
can be expected to be lost to natural dissipa- hours.
482
Tier—3 7,500 gallons—Completed in 60 8.2.4.3 A primary staging site for each
hours. platform that will serve as its base of oper-
8.2 Determining Effective Daily Applica- ations for the duration of the response.
tion Capacities ‘‘EDACs’’ for dispersant re- 8.3 In addition to the equipment and sup-
sponse systems as follows: plies required, a vessel owner or operator
8.2.1 EDAC planning estimates for compli- must identify a source of support to conduct
ance with the dispersant application require- the monitoring and post-use effectiveness
ments in § 155.1050(k)(3) are to be based on: evaluation required by applicable Local and
8.2.1.1 The spill occurring at sites 50 nau- Area Contingency Plans.
tical miles off shore furthest from the pri- 8.4 Identification of the resources for dis-
mary dispersant staging site(s); persant application does not imply that the
8.2.1.2 Specific dispersant application use of this technique will be authorized. Ac-
platform operational characteristics identi- tual authorization for use during a spill re-
fied in the EDSP or as demonstrated by oper- sponse will be governed by the provisions of
ational tests; the National Oil and Hazardous Substances
8.2.1.3 Locations of primary dispersant Contingency Plan (40 CFR part 300) and the
staging sites; and applicable Local or Area Contingency Plan.
8.2.1.4 Locations and quantities of dispers-
ant stockpiles. 9. Additional Equipment Necessary To Sustain
8.2.2 EDAC calculations with supporting Response Operations
documentation must be submitted to the 9.1 A vessel owner or operator is respon-
NSFCC for classification as a Dispersant Oil sible for ensuring that sufficient numbers of
Spill Removal Organization. trained personnel, boats, aerial spotting air-
8.2.3(i) EDAC can also be calculated using craft, sorbent materials, boom anchoring
the EDSP (EDSP). The EDSP is a materials, and other resources are available
downloadable application that calculates to sustain response operations to comple-
EDAC for different dispersant response sys- tion. All such equipment must be suitable
tems. It is located on the Internet at: http:// for use with the primary equipment identi-
www.response.restoration.noaa.gov/spilltools fied in the response plan. A vessel owner or
(ii) The DMP2 contains operating informa- operator is not required to list these re-
tion for the vast majority of dispersant ap- sources in the response plan, but shall cer-
plication platforms, to include aircraft, both tify their availability.
rotary and fixed wing, and vessels. The 9.2 A vessel owner or operator shall evalu-
DMP2 produces EDAC estimates by per- ate the availability of adequate temporary
forming calculations that are based on per- storage capacity to sustain the effective
formance parameters of dispersant applica- daily recovery capacities from equipment
tion platforms, locations of primary dispers- identified in the plan. Because of the ineffi-
ant staging sites, home based airport or port ciencies of oil spill recovery devices, re-
locations, and for planning purposes, a 50 sponse plans must identify daily storage ca-
mile from shore dispersant application site. pacity equivalent to twice the effective daily
The 50 mile offshore site used in the DMP2 recovery capacity required on scene. This
would be the location furthest from the pri- temporary storage capacity may be reduced
mary dispersant staging site identified in the if a vessel owner or operator can dem-
vessel response plan. onstrate by waste stream analysis that the
8.2.4 For each Captain of the Port Zone efficiencies of the oil recovery devices, abil-
where a dispersant response capability is re- ity to decant water, or the availability of al-
quired, the response plan must identify the ternative temporary storage or disposal loca-
following: tions in the area(s) the vessel will operate
8.2.4.1 The type, number, and location of will reduce the overall volume of oily mate-
each dispersant application platform in- rial storage requirements.
tended for use in meeting dispersant delivery 9.3 A vessel owner or operator shall en-
requirements specified in § 155.1050(k)(3) of sure that their planning includes the capa-
this chapter; bility to arrange for disposal of recovered oil
8.2.4.2 The amount and location of avail- products. Specific disposal procedures will be
able dispersant stockpiles to support each addressed in the applicable Area Contin-
platform; and gency Plan.
TABLE 1—RESPONSE RESOURCE OPERATING CRITERIA
[Oil Recovery Devices]
Significant Wave
Height 1
Operating Environment Sea State
(feet)
Rivers & Canals ................................................................................................................................ ≤1 1

Inland ................................................................................................................................................. ≤3 2
483
TABLE 1—RESPONSE RESOURCE OPERATING CRITERIA—Continued

[Oil Recovery Devices]
Significant Wave
Height 1
Operating Environment Sea State
(feet)
Great Lakes ....................................................................................................................................... ≤4 2–3

Ocean ................................................................................................................................................ ≤6 3–4
[Boom]
Use
Boom Property Rivers & Inland Great Lakes Ocean
Canals
Significant Wave 1 2 Height (feet) .............................................. ≤1 ≤3 ≤4 ≤6

Sea State .................................................................................. 1 2 2–3 3–4
Boom height—in. ....................................................................... 6–18 18–42 18–42 ≥42
(draft plus freeboard)
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.
2 Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the significant wave height
planning requirement.
TABLE 2—SHORELINE PROTECTION REQUIREMENTS

Boom Availability hours
Ensured by
Location contract or Higher volume
other ap- Other areas
port area
proved means
(ft.)
Persistent Oils
Open Ocean ...................................................................................................... ........................ ........................ ........................

Offshore ............................................................................................................. 15,000 24 48
Nearshore/Inland/Great Lakes .......................................................................... 30,000 12 24
Rivers & Canals ................................................................................................ 25,000 12 24
Non-Persistent Oils
Open Ocean ...................................................................................................... ........................ ........................ ........................

Offshore ............................................................................................................. ........................ ........................ ........................
Nearshore/Inland/Great Lakes .......................................................................... 10,000 12 24
Rivers & Canals ................................................................................................ 15,000 12 24
484
485
ER12JA96.000</GPH>
TABLE 4—EMULSIFICATION FACTORS FOR PETROLEUM OIL CARGO GROUPS
Non-persistent oil 72 G:
Group I .............................................................................................................................. 1.0
Persistent oil:
Group II ............................................................................................................................. 1.8

Group III ............................................................................................................................ 2.0
Group IV ............................................................................................................................ 1.4
486
ER12JA96.001</GPH>
TABLE 5—ON-WATER OIL RECOVERY RESOURCE MOBILIZATION FACTORS

Area Tier 1 Tier 2 Tier 3
Rivers and Canals ....................................................................................................... .30 .40 .60

Inland/Nearshore/Great Lakes .................................................................................... .15 .25 .40
Offshore ....................................................................................................................... .10 .165 .21
Ocean .......................................................................................................................... .06 .10 .12
Note: These mobilization factors are for total resources mobilized, not incremental resources.
TABLE 6—RESPONSE CAPABILITY CAPS BY GEOGRAPHIC AREA

As of February 18, 1993:

All except rivers & canals & Great Lakes ............ 10K bbls/day ................ 20K bbls/day ................ 40K bbls/day.
Great Lakes .......................................................... 5K bbls/day .................. 10K bbls/day ................ 20K bbls/day.
Rivers & canals ..................................................... 1,500 bbls/day .............. 3,000 bbls/day .............. 6,000 bbls/day.
February 18, 1998:
All except rivers & canals & Great Lakes ............ 12.5K bbls/day ............. 25K bbls/day ................ 50K bbls/day.
Great Lakes .......................................................... 6.35K bbls/day ............. 12.5K bbls/day ............. 25K 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.
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined
[CGD 91–034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 96–026, 61 FR 33666, June 28, 1996;
USCG–1999–5151, 64 FR 67176, Dec. 1, 1999; USCG–2005–21531, 70 FR 36349, June 23, 2005; USCG–
2008–0179, 73 FR 35015, June 19, 2008; USCG–2001–8661, 74 FR 45029, Aug. 31, 2009; USCG–2010–0351,
75 FR 36285, June 25, 2010; USCG–2008–1070, 78 FR 60134, Sept. 30, 2013; USCG–2014–0410, 79 FR
38437, July 7, 2014; USCG–2016–0498, 82 FR 35083, July 28, 2017; USCG–2018–0874, 84 FR 30880,
June 28, 2019]
APPENDIX C TO PART 155—TRAINING key skill areas and the training that is re-
ELEMENTS FOR OIL SPILL RESPONSE quired to ensure that the individual identi-
PLANS fied will be capable of performing the duties
prescribed to them. It should also describe
1. General how the training will be delivered to the var-
ious personnel. Further, this section of the
1.1 The portion of the plan dealing with plan must work in harmony with those sec-
training is one of the key elements of a re- tions of the plan dealing with exercises, the
sponse plan. This concept is clearly ex- spill management team, and the qualified in-
pressed by the fact that Congress, in writing dividual.
the Oil Pollution Act of 1990, specifically in- 1.3 The material in this appendix C is not
cluded training as one of the sections re- all-inclusive and is provided for guidance
quired in a vessel or facility response plan. only.
In reviewing submitted response plans, it has
been noted that the plans often do not pro- 2. Elements To Be Addressed
vide sufficient information in the training 2.1 To assist in the preparation of the
section of the plan for either the user or the training section of a vessel response plan,
reviewer of the plan. In some cases, plans some of the key elements that should be ad-
simply state that the crew and others will be dressed are indicated in the following sec-
training in their duties and responsibilities, tions. Again, while it is not necessary that
with no other information being provided. In the comprehensive training program for the
other plans, information is simply given that company be included in the response plan, it
required parties will receive the necessary is necessary for the plan to convey the ele-
worker safety training (HAZWOPER). ments that define the program as appro-
1.2 The training section of the plan need priate.
not be a detailed course syllabus, but it must 2.2 An effective spill response training
contain sufficient information to allow the program should consider and address the fol-
user and reviewer (or evaluator) to have an lowing:
understanding of those areas that are be- 2.2.1 Notification requirements and proce-
lieved to be critical. Plans should identify dures.
487
2.2.2 Communication system(s) used for 2.2.16 Occupational Safety and Health Ad-
the notifications. ministration requirements for worker health
2.2.3 Procedures to mitigate or prevent and safety (29 CFR 1910.120).
any discharge or a substantial threat of a
discharge of oil resulting from— 3. Further Considerations
2.2.3.1 Operational activities associated
In drafting the training section of the re-
with internal or external fuel and cargo
sponse plan, some further considerations are
transfers;
noted below (these points are raised simply
2.2.3.2 Grounding or stranding;
as a reminder):
2.2.3.3 Collision;
3.1 The training program should focus on
2.2.3.4 Explosion or fire;
training provided to vessel personnel.
2.2.3.5 Hull failure;
2.2.3.6 Excessive list; or 3.2 An organization is comprised of indi-
2.2.3.7 Equipment failure. viduals, and a training program should be
2.2.4 Procedures and arrangements for structured to recognize this fact by ensuring
emergency towing. that training is tailored to the needs of the
2.2.5 When performing shipboard mitiga- individuals involved in the program.
tion measures— 3.3 An owner or operator may identify
2.2.5.1 Ship salvage procedures; equivalent work experience which fulfills
2.2.5.2 Damage stability; and specific training requirements.
2.2.5.3 Hull stress considerations. 3.4 The training program should include
2.2.6 Procedures for transferring responsi- participation in periodic announced and un-
bility for direction of response activities announced exercises. This participation
from vessel and facility personnel to the should approximate the actual roles and re-
spill management team. sponsibilities of individuals as specified in
2.2.7 Familiarity with the operational ca- the response plan.
pabilities of the contracted oil spill removal 3.5 Training should be conducted periodi-
organizations and the procedures to notify cally to reinforce the required knowledge
and activate such organizations. and to ensure an adequate degree of pre-
2.2.8 Familiarity with the contracting and paredness by individuals with responsibil-
ordering procedures to acquire oil spill re- ities under the vessel response plan.
moval organization resources. 3.6 Training may be delivered via a num-
2.2.9 Familiarity with the Area Contin- ber of different means; including classroom
gency Plans. sessions, group discussions, video tapes, self
2.2.10 Familiarity with the organizational study workbooks, resident training courses,
structures that will be used to manage the on-the-job training, or other means as
response actions.
deemed appropriate to ensure proper instruc-
2.2.11 Responsibilities and duties of the
tion.
spill management team members in accord-
3.7 New employees should complete the
ance with designated job responsibilities.
training program prior to being assigned job
2.2.12 Responsibilities and authority of
the qualified individual as described in the responsibilities which require participation
vessel response plan and company response in emergency response situations.
organization.
4. Conclusion
2.2.13 Responsibilities of designated indi-
viduals to initiate a response and supervise The information in this appendix is only
shore-based response resources. intended to assist response plan preparers in
2.2.14 Actions to take, in accordance with reviewing the content of and in modifying
designated job responsibilities, in the event the training section of their response plans.
of a transfer system leak, tank overflow, or It may be more comprehensive than is need-
suspected fuel or cargo tank or hull leak. ed for some vessels and not comprehensive
2.2.15 Information on the oil handled by enough for others. The Coast Guard expects
the vessel or facility, including familiarity that plan preparers have determined the
with— training needs of their organizations created
2.2.15.1 Cargo material safety data sheets by the development of the response plans and
(including oil carried as fuel); the actions identified as necessary to in-
2.2.15.2 Chemical characteristics of all crease the preparedness of the company and
oils carried as fuel or cargo;
its personnel to respond to actual or threat-
2.2.15.3 Special handling procedures for all
ened discharges of oil from their vessels.
oils carried as fuel or cargo;
2.2.15.4 Health and safety hazards associ- [CGD 91–034, 61 FR 1107, Jan. 12, 1996, as
ated with all oils carried as fuel or cargo;

and Sept. 30, 2013]
2.2.15.5 Spill and firefighting procedures
for all oils carried as fuel or cargo.
488
PART 156—OIL AND HAZARDOUS Subpart A—Oil and Hazardous

MATERIAL TRANSFER OPERATIONS Material Transfer Operations
Subpart A—Oil and Hazardous Material § 156.100 Applicability.
Transfer Operations This subpart applies to the transfer
of oil or hazardous material on the
Sec. navigable waters or contiguous zone of
156.100 Applicability. the United States to, from, or within
each vessel with a capacity of 250 bar-
156.107 Alternatives.
rels or more; except that, this subpart
156.110 Exemptions.
does not apply to transfer operations
156.111 Incorporation by reference.
within a public vessel.
156.112 Suspension order.
156.113 Compliance with suspension order. [CGD 86–034, 55 FR 36255, Sept. 4, 1990]
156.115 Person in charge: Limitations.
156.118 Advance notice of transfer. § 156.105 Definitions.
156.120 Requirements for transfer. Except as specifically stated in a sec-
156.125 Discharge cleanup. tion, the definitions in § 154.105 of this
156.130 Connection. chapter apply to this subpart.
156.150 Declaration of inspection.
156.160 Supervision by person in charge. [CGD 90–071a, 59 FR 53291, Oct. 21, 1994]
156.170 Equipment tests and inspections.
§ 156.107 Alternatives.
Subpart B—Special Requirements for (a) The COTP may consider and ap-
Lightering of Oil and Hazardous Mate- prove alternative procedures, methods,
rial Cargoes or equipment standards to be used by a
vessel or facility operator in lieu of
156.200 Applicability. any requirements in this part if:
(1) Compliance with the requirement
156.210 General.
is economically or physically imprac-
156.215 Pre-arrival notices.
tical;
156.220 Reporting of incidents.
(2) The vessel or facility operator
156.225 Designation of lightering zones.
submits a written request for the alter-
156.230 Factors considered in designating
lightering zones.
native at least 30 days before oper-
ations under the alternative are pro-
Subpart C—Lightering Zones and Oper- posed, unless the COTP authorizes a
ational Requirements for the Gulf of shorter time; and
Mexico (3) The alternative provides an equiv-
alent level of safety and protection
156.300 Designated lightering zones. from pollution by oil or hazardous ma-
156.310 Prohibited areas. terial, which is documented in the re-
156.320 Maximum operating conditions. quest.
156.330 Operations. (b) The COTP takes final approval or
disapproval action on any alternative
Subpart D—Prevention of Pollution During requested, in writing, within 30 days of
Transfer of Oil Cargo Between Oil receipt of the request.
Tankers at Sea
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
156.400 Applicability. amended by CGD 86–034, 55 FR 36255, Sept. 4,
156.405 Definitions. 1990]
156.410 General.
156.415 Notification. § 156.110 Exemptions.
156.420 Reporting of incidents. (a) The Assistant Commandant for
AUTHORITY: 33 U.S.C. 1225, 1231, 1321(j); 46 Marine Safety, Security and Environ-
U.S.C. 3703, 3703a, 3715; E.O. 11735, 3 CFR 1971– mental Protection, acting for the Com-
1975 Comp., p. 793; Department of Homeland mandant, may grant an exemption or
Security Delegation No. 0170.1. partial exemption from compliance
with any requirement in this part, and

the District Commander may grant an
exemption or partial exemption from
489
§ 156.111 33 CFR Ch. I (7–1–20 Edition)
compliance with any operating condi- tivities (CG–CVC), 2703 Martin Luther
tion or requirement in subpart C of King Jr. Avenue SE., Washington, DC
this part, if: 20593, telephone 202–372–1251, and is
(1) The vessel or facility operator available from the sources listed below.
submits an application for exemption It is also available for inspection at the
via the COTP at least 30 days before National Archives and Records Admin-
operations under the exemption are istration (NARA). For information on
proposed, unless the COTP authorizes a the availability of this material at
shorter time; and NARA, call 202–741–6030 or go to: http://
(2) It is determined, from the applica- www.archives.gov/federallregister/
tion, that: codeloflfederallregulations/
(i) Compliance with a specific re- ibrllocations.html.
quirement is economically or phys- (b) International Chamber of Ship-
ically impractical; ping, 12 Carthusian Street, London
(ii) No alternative procedures, meth- EC1M 6EB, England, telephone + 44 20
ods, or equipment standards exist that 7417 8844, http://www.marisec.org/.
would provide an equivalent level of (1) Guide to Helicopter/Ship Oper-
safety and protection from pollution by ations, Fourth Edition, 2008, incorpora-
oil or hazardous material; and tion by reference approved for
(iii) The likelihood of oil or haz- § 156.330(c).
ardous material being discharged as a (2) [Reserved]
result of the exemption is minimal. (c) International Maritime Organiza-
(b) If requested, the applicant must tion (IMO), 4 Albert Embankment,
submit any appropriate information, London SE1 7SR, United Kingdom,
telephone + 44(0)20 7735 7611, http://
including an environmental and eco-
www.imo.org/.
nomic assessment of the effects of and
(1) Manual on Oil Pollution, Section
reasons for the exemption and proposed
I: Prevention, Second Edition, 2011, in-
procedures, methods or equipment
corporation by reference approved for
standards.
§ 156.410(c) and (f).
(c) The exemption may specify the
(2) [Reserved]
procedures, methods, or equipment (d) Oil Companies International Ma-
standards that will apply. rine Forum (OCIMF), 15th Floor, 96
(d) An exemption is granted or denied Victoria Street, London SW1E 5JW,
in writing. The decision of the Assist- England, telephone + 44(0)20 7654 1200,
ant Commandant for Marine Safety, http://www.ocimf.com/.
Security and Environmental Protec- (1) Ship to Ship Transfer Guide, (Pe-
tion is a final agency action. troleum), Fourth Edition, 2005, incor-
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as poration by reference approved for
amended by CGD 88–052, 53 FR 25122, July 1, § 156.330(b), § 156.410(c) and 156.410(f).
1988; CGD 86–034, 55 FR 36255, Sept. 4, 1990; (2) [Reserved]
CGD 93–081, 60 FR 45017, Aug. 29, 1995; CGD
96–026, 61 FR 33666, June 28, 1996; CGD 93–056, [USCG–2010–0194, 80 FR 5935, Feb. 4, 2015]
61 FR 41461, Aug. 8, 1996; CGD0 97–023, 62 FR
33364, June 19, 1997; USCG–2002–12471, 67 FR § 156.112 Suspension order.
41333, June 18, 2002] The COTP or OCMI may issue a sus-
pension order to suspend transfer oper-
§ 156.111 Incorporation by reference. ations to the vessel or facility operator
(a) Certain material is incorporated when the COTP or OCMI finds there is
by reference into this part with the ap- a condition requiring action to prevent
proval of the Director of the Federal the discharge or threat of discharge of
Register under 5 U.S.C. 552(a) and 1 oil or hazardous material, or when the
CFR part 51. To enforce any edition COTP or OCMI is unable to verify com-
other than that specified in this sec- pliance with the regulations through
tion, the Coast Guard must publish no- an inspection. A suspension order:
tice of change in the FEDERAL REG- (a) May be effective immediately;
ISTER and the material must be avail- (b) Is issued in writing unless it is ef-
able to the public. All approved mate- fective immediately and then it may be
rial is available for inspection at the issued orally and followed up in writ-
U.S. Coast Guard, Office of Vessel Ac- ing;
490
(c) Includes a statement of each con- mit the appeal in writing within five
dition requiring correction to— days of the oral presentation to the
(1) Prevent the discharge of oil or District Commander to whom the oral
hazardous material; or appeal was made, containing, at a min-
(2) Comply with § 154.735 of this chap- imum the basis for the appeal and a
ter; and summary of the material presented
(d) Is withdrawn when the COTP, orally.
OCMI, or District Commander, as ap-
plicable, determines that the condition [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
requiring action to prevent the dis- amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]
charge or threat of discharge of oil or
hazardous material has been corrected § 156.115 Person in charge: Limita-
or no longer exists. tions.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as (a) No person may serve as the person
1990]
in charge of transfer operations on
more than one vessel at a time during
§ 156.113 Compliance with suspension transfers between vessels or between
order. two or more vessels and a facility un-
(a) No vessel or facility operator to less authorized by the COTP.
whom a suspension order has been (b) No person may serve as the person
issued may conduct transfer operations in charge of both a vessel and a facility
from the time the order is effective during transfer operations unless au-
until that order is withdrawn by the thorized by the COTP.
applicable COTP, OCMI, or by the Dis- [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
trict Commander. amended by CGD 86–034, 55 FR 36255, Sept. 4,
(b) The vessel or facility operator 1990]
may request reconsideration of the sus-
pension order either orally or in writ- § 156.118 Advance notice of transfer.
ing to the COTP or OCMI who issued it.
(a) The COTP may require a facility
The request may contain supporting
operator to notify the COTP of the
documentation and evidence that the
vessel or facility operator wishes to time and place of each transfer oper-
have considered. ation at least 4 hours before it begins
(c) Any person not satisfied with a for facilities that:
ruling made under the procedure con- (1) Are mobile;
tained in paragraph (b) of this section (2) Are in a remote location;
may appeal that ruling in writing, ex- (3) Have a prior history of oil or haz-
cept as allowed under paragraph (e) of ardous material spills; or
this section, to the Coast Guard Dis- (4) Conduct infrequent transfer oper-
trict Commander of the district in ations.
which the suspension order was issued. (b) In the case of a vessel to vessel
The appeal may contain supporting transfer, the COTP may require a ves-
documentation and evidence that the sel operator of a lightering or fueling
appellant wishes to have considered. vessel to notify the COTP of the time
The appeal does not stay the effect of and place of each transfer operation, as
the suspension order while the COTP or specified by the COTP, at least 4 hours
OCMI ruling is being reviewed. The before it begins.
District Commander issues a ruling (c) No person may conduct such
after reviewing the appeal. transfer operations until advance no-
(d) The ruling by the District Com- tice has been given as specified by the
mander is final agency action. COTP.
(e) If the delay in presenting a writ-
ten appeal under paragraph (c) of this NOTE: The notification may be accom-
section would have a significant ad- plished by submitting a written schedule, pe-
verse impact on the appellant, the ap- riodically updated to be current.
peal may initially be presented orally. [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
If an initial presentation of the appeal amended by CGD 86–034, 55 FR 36255, Sept. 4,
is made orally, the appellant must sub- 1990]
491
§ 156.120 33 CFR Ch. I (7–1–20 Edition)
§ 156.120 Requirements for transfer. hose, consisting of fabric, cord and/or

metal);
A transfer is considered to begin
(j) Each hose or loading arm in use
when the person in charge on the
meets §§ 154.500 and 154.510 of this chap-
transferring vessel or facility and the
ter, respectively;
person in charge on the receiving facil-
(k) Each connection meets § 156.130;
ity or vessel first meet to begin com-
(l) Any monitoring devices required
pleting the declaration of inspection,
by § 154.525 of this chapter are installed
as required by § 156.150 of this part. No
and operating properly;
person shall conduct an oil or haz-
(m) The discharge containment
ardous material transfer operation un-
equipment required by § 154.545 of this
less:
chapter is readily accessible or de-
(a) The vessel’s moorings are strong ployed as applicable;
enough to hold during all expected con- (n) The discharge containment re-
ditions of surge, current, and weather quired by §§ 154.530, 155.310, and 155.320
and are long enough to allow adjust- of this chapter, as applicable, is in
ment for changes in draft, drift, and place and periodically drained to pro-
tide during the transfer operation; vide the required capacity;
(b) Transfer hoses and loading arms (o) Each drain and scupper is closed
are long enough to allow the vessel to by the mechanical means required by
move to the limits of its moorings § 155.310;
without placing strain on the hose, (p) All connections in the transfer
loading arm, or transfer piping system; system are leak free except that a com-
(c) Each hose is supported to prevent ponent in the transfer system, such as
kinking or other damage to the hose the packing glands of a pump, may
and strain on its coupling. leak at a rate that does not exceed the
(d) Each part of the transfer system capacity of the discharge containment
is aligned to allow the flow of oil or provided during the transfer operation;
hazardous material; (q) The communications required by
(e) Each part of the transfer system §§ 154.560 and 155.785 of this chapter are
not necessary for the transfer oper- operable for the transfer operation;
ation is securely blanked or shut off; (r) The emergency means of shut-
(f) The end of each hose and loading down required by §§ 154.550 and 155.780
arm that is not connected for the of this chapter, as applicable, is in po-
transfer of oil or hazardous material is sition and operable;
blanked off using the closure devices (s) There is a person in charge on the
required by §§ 154.520 and 155.805 of this transferring vessel or facility and the
chapter; receiving vessel or facility except as
(g) The transfer system is attached otherwise authorized under § 156.115;
to a fixed connection on the vessel and (t) Each person in charge required by
the facility except that when a vessel paragraph (s) of this section:
is receiving fuel, an automatic back (1) Is at the site of the transfer oper-
pressure shutoff nozzle may be used; ation and immediately available to the
(h) Each overboard discharge or sea transfer personnel;
suction valve that is connected to the (2) Has in his or her possession a copy
vessel’s transfer or cargo tank system of the facility operations manual or
is sealed or lashed in the closed posi- vessel transfer procedures, as appro-
tion; except when used to receive or priate; and
discharge ballast in compliance with 33 (3) Conducts the transfer operation in
CFR Part 157; accordance with the facility operations
(i) Each transfer hose has no manual or vessel transfer procedures,
unrepaired loose covers, kinks, bulges, as appropriate;
soft spots, or any other defect which (u) The personnel required, under the
would permit the discharge of oil or facility operations manual and the ves-
hazardous material through the hose sel transfer procedures, to conduct the
material and no gouges, cuts, or transfer operation:
slashes that penetrate the first layer of (1) Are on duty; and
hose reinforcement (‘‘reinforcement’’ (2) Conduct the transfer operation in
means the strength members of the accordance with the facility operations
492
manual or vessel transfer procedures, vapor control system (VCS) not located
as appropriate; on the vessel must have the following
(v) At least one person is at the site verified by the person in charge:
of the transfer operation who fluently (1) Each manual valve in the vapor
speaks the language or languages spo- collection system is correctly posi-
ken by both persons in charge; tioned to allow the collection of cargo
(w) The person in charge of the trans- vapor;
fer on the transferring vessel or facil- (2) A vapor collection hose or arm is
ity and the person in charge of it on connected to the vessel’s vapor connec-
the receiving vessel or facility have
tion;
held a conference, to ensure that each
person in charge understands— (3) The electrical insulating device
(1) The identity of the product to be required by § 154.810(g) of this chapter
transferred; or 46 CFR 39.40–3(c) is fitted between
(2) The sequence of transfer oper- the facility vapor connection and the
ations; vessel vapor connection;
(3) The transfer rate; (4) The initial transfer rate and the
(4) The name or title and location of maximum transfer rate are deter-
each person participating in the trans- mined;
fer operation; (5) The maximum and minimum op-
(5) Details of the transferring and re- erating pressures at the facility vapor
ceiving systems including procedures connection are determined;
to ensure that the transfer pressure (6) The tank barge overfill control
does not exceed the maximum allow- system, if installed, is connected to the
able working pressure (MAWP) for each facility, tested, and operating properly;
hose assembly, loading arm and/or (7) The following have been per-
transfer pipe system; formed not more than 24 hours prior to
(6) Critical stages of the transfer op-
the start of the transfer operation or in
eration;
accordance with 33 CFR 154.2150(b):
(7) Federal, state, and local rules
that apply to the transfer of oil or haz- (i) Each alarm and automatic shut-
ardous material; down system required by subpart E of
(8) Emergency procedures; part 154 of this chapter and 46 CFR part
(9) Discharge containment proce- 39 has been tested and found to be oper-
dures; ating properly, and
(10) Discharge reporting procedures; (ii) Analyzers required by 33 CFR
(11) Watch or shift arrangement; 154.2105(a) and (j) and 154.2107(d) and (e)
(12) Transfer shutdown procedures; or 46 CFR 39.40–3(a) have been checked
and, for calibration by use of a span gas;
(13) If the persons use radios, a pre- (8) Each vapor recovery hose has no
determined frequency for communica- unrepaired loose covers, kinks, bulges,
tions during the transfer, agreed upon soft spots, or any other defect which
by both. would permit the discharge of vapor
(x) The person in charge of transfer through the hose material, and no ex-
operations on the transferring vessel or ternal gouges, cuts, or slashes that
facility and the person in charge of penetrate the first layer of hose rein-
transfer operations on the receiving forcement; and
vessel or facility agree to begin the
(9) The oxygen content in the vapor
transfer operation;
space of each of the vessel’s cargo
(y) Between sunset and sunrise the
lighting required by §§ 154.570 and tanks connected to the vapor collec-
155.790 of this chapter is provided; and tion system, if inerted, is—
(z) For transfer operations between (i) At or below 60 percent by volume
tank barges from sunset to sunrise, of the cargo’s minimum oxygen con-
lighting is provided as described in centration for combustion; or
§ 155.790 of this chapter. (ii) At or below 8 percent by volume,
(aa) A transfer operation which in- at the start of cargo transfer, for vapor
cludes collection of vapor emitted to or of crude oil, gasoline blends, or ben-
from a vessel’s cargo tanks through a zene;
493
§ 156.125 33 CFR Ch. I (7–1–20 Edition)
(10) The freezing point of each cargo (1) Oil or hazardous material dis-
has been determined. If there is a possi- charged in the transfer operation work
bility that the ambient air tempera- area is cleaned up; and
ture during transfer operations will be (2) Oil or hazardous material dis-
at or below the freezing point of the charged into the water or upon the ad-
cargo, adequate precautions have been joining shoreline is cleaned up, or is
taken to prevent freezing of vapor or contained and being cleaned up.
condensate, or to detect and remove (c) The COTP may authorize resum-
the liquid condensate and solids to pre- ing the transfer operation if it is
vent accumulation; deemed appropriate.
(11) If the cargo has the potential to [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
polymerize, adequate precautions have amended by CGD 86–034, 55 FR 36255, Sept. 4,
been taken to prevent and detect po- 1990]
lymerization of the cargo vapors; and
(12) The VCS has been cleaned, in ac- § 156.130 Connection.
cordance with 33 CFR 154.2150(p), be- (a) Each person who makes a connec-
tween transfers of incompatible car- tion for transfer operations shall:
goes. (1) Use suitable material in joints
(bb) If the transfer operation involves and couplings to ensure a leak-free
loading oil, as defined in § 151.05 of this seal;
chapter, into a cargo tank, the overfill (2) Use a bolt in at least every other
device required by § 155.480 of this chap- hole, and in no case less than four
ter is installed and operating properly. bolts, in each temporary bolted connec-
(cc) Smoking is not permitted in the tion that uses a flange that meets
facilities marine transfer area except American National Standards Institute
in designated smoking areas. (ANSI) standard flange requirements
(dd) Welding, hot work operations under § 154.500(d)(2) of this chapter;
and smoking are prohibited on vessels (3) Use a bolt in each hole in each
during the transfer of flammable or temporary bolted connection that uses
combustible materials, except that a flange other than one that meets
smoking may be permitted in accom- ANSI standards;
modation areas designated by the mas- (4) Use a bolt in each hole of each
ter. permanently connected flange;
(Approved by the Office of Management and (5) Use bolts of the correct size in
Budget under control number 1625–0039) each bolted connection; and
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as (6) Tighten each bolt and nut uni-
amended by CGD 88–102, 55 FR 25445, June 21, formly to distribute the load and suffi-
1990; CGD 86–034, 55 FR 36255, Sept. 4, 1990; ciently to ensure a leak free seal.
CGD 90–071a, 59 FR 53291, Oct. 21, 1994; CGD (b) A person who makes a connection
93–056, 61 FR 41461, Aug. 8, 1996; CGD 79–116, for transfer operations must not use
62 FR 25127, May 8, 1997; USCG–2001–9046, 67 any bolt that shows signs of strain or is
FR 58524, Sept. 17, 2002; USCG–2006–25150, 71
elongated or deteriorated.
FR 39210, July 12, 2006; 73 FR 79316, Dec. 29,
2008; USCG–1999–5150, 78 FR 42641, July 16, (c) Except as provided in paragraph
2013] (d) of this section, no person may use a
connection for transfer operations un-
§ 156.125 Discharge cleanup. less it is:
(a) Each person conducting the trans- (1) A bolted or full threaded connec-
fer operation shall stop the transfer option; or
eration whenever oil or hazardous ma- (2) A quick-connect coupling accept-
terial from any source is discharged: able to the Commandant.
(1) In the transfer operation work (d) No person may transfer oil or haz-
area; or ardous material to a vessel that has a
(2) Into the water or upon the adjoin- fill pipe for which containment cannot
ing shoreline in the transfer area. practically be provided unless an auto-
(b) Except as permitted under para- matic back pressure shutoff nozzle is
graph (c) of this section, no person may used.
resume the transfer operation after it [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
has been stopped under paragraph (a) of amended by CGD 86–034, 55 FR 36256, Sept. 4,
this section, unless: 1990]
494
§ 156.150 Declaration of inspection. declaration of inspection on board the

(a) No person may transfer oil or haz- vessel or at the facility for at least 1
ardous material to or from a vessel un- month from the date of signature.
less each person in charge, designated [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
under §§ 154.710 and 155.700 of this chap- amended by CGD 86–034, 55 FR 36256, Sept. 4,
ter, has filled out and signed the dec- 1990; CGD 93–056, 61 FR 41461, Aug. 8, 1996]
laration of inspection form described in
§ 156.160 Supervision by person in
paragraph (c) of this section. charge.
(b) No person in charge may sign the
declaration of inspection unless he or (a) No person may connect or dis-
she has determined by inspection, and connect a hose, top off a tank, or en-
indicated by initialling in the appro- gage in any other critical procedures
priate space on the declaration of in- during the transfer operation unless
spection form, that the facility or ves- the person in charge, required by
sel, as appropriate, meets § 156.120. § 156.120(s), supervises that procedure.
(c) The declaration of inspection may (b) No person may start the flow of
be in any form but must contain at oil or hazardous material to or from a
least: vessel unless instructed to do so by ei-
(1) The name or other identification ther person in charge.
of the transferring vessel or facility (c) No person may transfer oil or haz-
and the receiving vessel or facility; ardous material to or from a vessel un-
(2) The address of the facility or loca- less each person in charge is in the im-
tion of the transfer operation if not at mediate vicinity and immediately
a facility; available to the transfer personnel.
(3) The date and time the transfer op- [CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
eration is started; amended by CGD 86–034, 55 FR 36256, Sept. 4,
(4) A list of the requirements in 1990]
§ 156.120 with spaces on the form fol-
lowing each requirement for the person § 156.170 Equipment tests and inspec-
in charge of the vessel or facility to in- tions.
dicate by initialling that the require- (a) Except as provided in paragraph
ment is met for the transfer operation; (d) of this section, no person may use
and any equipment listed in paragraph (c)
(5) A space for the date, time of sign- of this section for transfer operations
ing, signature, and title of each person unless the vessel or facility operator,
in charge during transfer operations on as appropriate, tests and inspects the
the transferring vessel or facility and a equipment in accordance with para-
space for the date, time of signing, sig- graphs (b), (c) and (f) of this section
nature, and title of each person in and the equipment is in the condition
charge during transfer operations on specified in paragraph (c) of this sec-
the receiving facility or vessel certi- tion.
fying that all tests and inspections (b) During any test or inspection re-
have been completed and that they are quired by this section, the entire exter-
both ready to begin transferring prod- nal surface of the hose must be acces-
uct; and sible.
(6) The date and time the transfer op- (c) For the purpose of paragraph (a)
eration is completed. of this section:
(d) The form for the declaration of in- (1) Each nonmetallic transfer hose
spection may incorporate the declara- must:
tion-of-inspection requirements under (i) Have no unrepaired loose covers,
46 CFR 35.35–30. kinks, bulges, soft spots or any other
(e) The vessel and facility persons in defect which would permit the dis-
charge shall each have a signed copy of charge of oil or hazardous material
the declaration of inspection available through the hose material, and no
for inspection by the COTP during the gouges, cuts or slashes that penetrate
transfer operation. the first layer of hose reinforcement as
(f) The operators of each vessel and defined in § 156.120(i).

facility engaged in the transfer oper- (ii) Have no external deterioration
ation shall retain a signed copy of the and, to the extent internal inspection
495
§ 156.170 33 CFR Ch. I (7–1–20 Edition)
is possible with both ends of the hose lowing tests and inspections are satis-
open, no internal deterioration; factorily completed:
(iii) Not burst, bulge, leak, or abnor- (1) Each vapor hose, vapor collection
mally distort under static liquid pres- arm, pressure or vacuum relief valve,
sure at least 11⁄2 times the maximum and pressure sensor is tested and in-
allowable working pressure; and spected in accordance with paragraphs
(iv) Hoses not meeting the require- (b), (c), and (f) of this section;
ments of paragraph (c)(1)(i) of this sec- (2) Each remote operating or indi-
tion may be acceptable after a static cating device is tested for proper oper-
liquid pressure test is successfully ation in accordance with paragraph (f)
completed in the presence of the COTP. of this section;
The test medium is not required to be (3) Each detonation arrester required
water. by 33 CFR 154.2105, 154.2108(b), 154.2109,
(2) Each transfer system relief valve 154.2110, 154.2111, and 154.2204, or 46 CFR
must open at or below the pressure at 39.4003, and each flame arrester re-
which it is set to open; quired by 33 CFR 154.2103, 154.2105(j),
(3) Each pressure gauge must show and 154.2203 has been inspected inter-
pressure within 10 percent of the actual nally within the last year, or sooner if
pressure;
operational experience has shown that
(4) Each loading arm and each trans- frequent clogging or rapid deteriora-
fer pipe system, including each metal- tion is likely; and
lic hose, must not leak under static liq-
(4) Each hydrocarbon and oxygen an-
uid pressure at least 11⁄2 times the max-
imum allowable working pressure; and alyzer required by 33 CFR 154.2105(a)
and (j), 154.2107(d) and (e), and 154.2110
(5) Each item of remote operating or
indicating equipment, such as a re- or 46 CFR 39.4003 is calibrated:
motely operated valve, tank level (i) Within the previous two weeks, or
alarm, or emergency shutdown device, (ii) Within 24 hours prior to operation
must perform its intended function. when the vapor control system is oper-
(d) No person may use any hose in ated less frequently than once a week.
underwater service for transfer oper- (h) Upon the request of the owner or
ations unless the operator of the vessel operator, the COTP may approve alter-
or facility has tested and inspected it native methods of compliance to the
in accordance with paragraph (c)(1) or testing requirements of paragraph (c)
(c)(4) of this section, as applicable. of this section if the COTP determines
(e) The test fluid used for the testing that the alternative methods provide
required by this section is limited to an equal level of protection.
liquids that are compatible with the (i) Notwithstanding the general pro-
hose tube as recommended by the hose visions of 33 CFR 156.107(a) relating to
manufacturer. the authority of the Captain of the
(f) The frequency of the tests and in- Port to approve alternatives, the owner
spections required by this section must or operator may request the written
be: approval of the Commandant (CG–
(1) For facilities, annually or not less ENG), U.S. Coast Guard, 2100 2nd St.
than 30 days prior to the first transfer SW., Stop 7126, Washington, DC 20593–
conducted past one year from the date 7126, for alternative methods of compli-
of the last tests and inspections; ance to the testing and inspection re-
(2) For a facility in caretaker status, quirements of paragraph (g)(3) of this
not less than 30 days prior to the first section. The Commandant (CG–ENG)
transfer after the facility is removed will grant that written approval upon
from caretaker status; and determination that the alternative
(3) For vessels, annually or as part of methods provide an equivalent level of
the biennial and mid-period inspec- safety and protection from fire, explo-
tions. sion, and detonation. Criteria to con-
(g) If a facility or vessel collects sider when evaluating requests for al-
vapor emitted to or from a vessel cargo ternative methods may include, but are
tank with a vapor control system, the not limited to: operating and inspec-
system must not be used unless the fol- tion history, type of equipment, new
496
technology, and site-specific conditions ardous material in bulk from one ves-
that support the requested alternative. sel to another, including all phases of
the operation from the beginning of the
Budget under control number 1625–0095) mooring operation to the departure of
the service vessel from the vessel to be
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as lightered, except when that cargo is in-
1990; CGD 86–034, 55 FR 36256, Sept. 4, 1990;
tended only for use as fuel or lubricant
CGD 93–056, 61 FR 41461, Aug. 8, 1996; USCG– aboard the receiving vessel.
2006–25150, 71 FR 39210, July 12, 2006; USCG– Marine environment means—
1999–5150, 78 FR 42641, July 16, 2013] (1) The navigable waters of the
United States;
Subpart B—Special Requirements (2) The waters of an area over which
the United States asserts exclusive
for Lightering of Oil and Haz- fishery management authority; and
ardous Material Cargoes (3) The waters superadjacent to the
Outer Continental Shelf of the United
SOURCE: CGD 78–180, 49 FR 11172, Mar. 26, States.
1984, unless otherwise noted. Service vessel means the vessel which
receives a cargo of oil or a hazardous
material from another vessel in a
This subpart applies to each vessel to lightering operation.
be lightered and each service vessel en- Vessel to be lightered means the vessel
gaged in a lightering operation in the which transports a cargo of oil or a
marine environment beyond the base- hazardous material to a place within
line from which the territorial sea is the marine environment for transfer of
measured when the oil or hazardous that cargo to another vessel for further
material lightered is destined for a transport to a port or place subject to
port or place subject to the jurisdiction the jurisdiction of the United States.
of the U.S. This subpart does not apply The term ‘‘vessel to be lightered’’ does
to lightering operations involving pub- not include drilling rigs, or offshore
lic vessels, or to the dedicated response supply vessels transferring cargo in-
vessels and vessels of opportunity in tended for use as fuel or lubricant
accordance with the National Contin- aboard the receiving vessel.
gency Plan (40 CFR parts 9 and 300) Work includes any administrative du-
when conducting response activities, or ties associated with the vessel whether
to tank vessels of 150 gross tons or performed on board the vessel or on-
more engaged in the transfer of oil shore.
cargo between tank vessels at sea on or
after April 1, 2012. These rules are in [CGD 78–180, 49 FR 11172, Mar. 26, 1984, as
addition to the rules of subpart A of 1990; CGD 90–052, 58 FR 48436, Sept. 15, 1993;
this part, as well as the rules in the ap- CGD 93–081, 60 FR 45017, Aug. 29, 1995; USCG–
plicable sections of parts 151, 153, 155, 2010–0194, 80 FR 5935, Feb. 4, 2015]
156, and 157 of this chapter.
§ 156.210 General.
[CGD 93–081, 60 FR 45017, Aug. 29, 1995, as
amended by USCG–2010–0194, 80 FR 5935, Feb. (a) No vessel may transfer oil or haz-
4, 2015] ardous materials in a port or place sub-
ject to the jurisdiction of the United
§ 156.205 Definitions. States, if the cargo has been lightered
(a) In addition to the terms defined from another vessel, unless:
in this section, the definitions in (1) The regulations in this subpart
§ 154.105 of this chapter apply to this have been complied with;
subpart and to subpart C. (2) Both the vessel to be lightered
(b) As used in this subpart and sub- and service vessel have, on board, at
part C: the time of transfer, a valid Certificate
Lightering or Lightering operation of Inspection, Certificate of Compli-
means the transfer of a cargo of oil in ance, or a Tank Vessel Examination
bulk from one oil tanker less than 150 Letter, as would have been required
gross tons to another oil tanker less under 46 U.S.C. 3710 or 3711, had the
than 150 gross tons, or a cargo of haz- transfer taken place in a port or place
497
§ 156.215 33 CFR Ch. I (7–1–20 Edition)
subject to the jurisdiction of the Substances in Bulk (1973), if required

United States; by Annex II to MARPOL 73/78, or equiv-
(3) The delivering and receiving ves- alent documentation of compliance
sels have on board at the time of trans- with the annex.
fer, evidence that each vessel is oper- (c) In an emergency, the COTP, upon
ating in compliance with section 311(j) request, may authorize a deviation
of the Federal Water Pollution Control from any rule in this part if the COTP
Act (33 U.S.C. 1321(j)) and applicable determines that its application will en-
regulations issued under the authority danger persons, property, or the envi-
of section 311(j) in the form of a Dec- ronment.
laration of Inspection as required by (d) On vessels conducting lightering
§ 156.150 and a vessel response plan if re- operations in a designated lightering
quired under part 155 of this chapter; zone, an officer or seaman may not
and work, except in an emergency or a
drill, more than 15 hours in any 24-hour
NOTE: Under 46 U.S.C. 3715, the delivering
and receiving vessels must have on board at period, or more than 36 hours in any 72-
the time of transfer, a Certificate of Finan- hour period, including the 24-hour and
cial Responsibility that would be required if 72-hour periods prior to commencing
the transfer had taken place in a location lightering operations.
subject to the jurisdiction of the U.S. Regu-
lations concerning Certificates of Financial [CGD 78–180, 49 FR 11172, Mar. 29, 1984, as
Responsibility for vessels using the navi- amended by CGD 88–052, 53 FR 25122, July 1,
gable waters of the U.S. are in part 130 of 1988; CGD 90–052, 58 FR 48436, Sept. 15, 1993;
this chapter. CGD 93–081, 60 FR 45017, Aug. 29, 1995; USCG–
2002–12471, 67 FR 41333, June 18, 2002; USCG–
(4) The vessel to be lightered has on 2006–24371, 74 FR 11212, Mar. 16, 2009; USCG–
board, at the time of transfer, an Inter- 2010–0351, 75 FR 36285, June 25, 2010; USCG–
national Oil Pollution Prevention 2018–0874, 84 FR 30880, June 28, 2019]
(IOPP) Certificate or equivalent docu-
mentation of compliance with Annex I § 156.215 Pre-arrival notices.
of the International Convention for the (a) The master, owner or agent of
Prevention of Pollution from Ships, each vessel to be lightered must give at
1973, as modified by the Protocol of 1978 least 24 hours advance notice to the
relating thereto (MARPOL 73/78), as Captain of the Port nearest the
would be required by part 151 of this lightering location or zone, prior to ar-
chapter for vessels in navigable waters rival in the lightering location or zone.
of the United States. The IOPP Certifi- This advance notice must include:
cate or documentation of compliance (1) The vessel’s name, call sign or of-
shall be that prescribed by §§ 151.19 and ficial number, and registry:
151.21 of this chapter, and shall be ef- (2) The cargo type (if oil) or shipping
fective under the same timetable as name (if hazardous material) and ap-
specified in § 151.19. proximate amount on board;
(b) Lightering operations involving (3) The number of transfers expected
hazardous materials, other than oil, and the amount of cargo expected to be
may be conducted only with the spe- transferred during each transfer;
cific approval of the Commandant. A (4) The lightering location or zone to
request to lighter hazardous materials, be used;
other than oil, must be submitted to (5) The estimated time of arrival in
Commandant (CG–ENG) prior to the the lightering location or zone;
planned beginning of lightering oper- (6) The estimated duration of trans-
ations. The request must include the fer operations; and
information described in § 156.215(a) to (7) The name and destination of serv-
the extent known, for the initial trans- ice vessel(s).
fer, and the estimated frequency of (b) In the event the estimated time of
subsequent lightering operations. After arrival in the lightering location or
the entry into force of Annex II to zone changes by more than six hours,
MARPOL 73/78, vessels lightering haz- the Master, owner or agent of each ves-
ardous materials shall carry an Inter- sel to be lightered must advise the Cap-
national Pollution Prevention Certifi- tain of the Port of this change as soon
cate for the Carriage of Noxious Liquid as possible.
498
(c) Where lightering is conducted as a (2) Vessel traffic schemes or vessel

result of collision, grounding, tank separation systems;
rupture or any similar emergency, im- (3) Anchorages;
mediate notice must be given to the (4) Fixed structures;
Captain of the Port. (5) Designated marine sanctuaries;
(d) In addition to the other require- (6) Commercial and recreational fish-
ments in this section, the master, ing areas;
owner, or agent of a vessel that re- (7) Environmentally sensitive areas;
quires a Tank Vessel Examination and
(TVE) or other special Coast Guard in- (8) Designated units of the National
spection in order to lighter in a des- Park System, National Wild and Scenic
ignated lightering zone must request Rivers System, National Wilderness
the TVE or other inspection from the Preservation System, properties in-
cognizant Captain of the Port at least cluded on the National Register of His-
72 hours prior to commencement of toric Places and National Registry of
lightering operations. Natural Landmarks, and National
Wildlife Refuge System.
[CGD 78–180, 49 FR 11172, Mar. 26, 1984, as (c) The traditional use of areas for
amended by CGD 90–052, 58 FR 48437, Sept. 15, lightering operations;
1993; CGD 93–081, 60 FR 45017, Aug. 29, 1995] (d) The normal weather and sea con-
ditions in the areas, and their effect on
§ 156.220 Reporting of incidents. lightering operations, and the fate of
(a) An immediate report must be possible cargo discharges;
made to the nearest Captain of the (e) The depth of water and under-
Port, by the service vessel, if fire, ex- water obstructions that may adversely
plosion, collision, grounding or any impact anchorages and clearance of
similar emergency, which poses a vessels;
threat to the vessels involved, occurs (f) Other relevant safety, environ-
during lightering.

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Title 33

Navigation and Navigable Waters

Revised as of July 1, 2020

Containing a codification of documents

Published by the Office of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PUBLISHING OFFICE

U.S. Superintendent of Documents • Washington, DC 20402–0001

Chapter I—Coast Guard, Department of Homeland Security (Con-

Table of CFR Titles and Chapters ....................................................... 1121

Alphabetical List of Agencies Appearing in the CFR ......................... 1141

List of CFR Sections Affected ............................................................. 1151

To cite the regulations in

Title 33—NAVIGATION AND NAVIGABLE WATERS is composed of three volumes.

CHAPTER I—Coast Guard, Department of Homeland Security

ABBREVIATIONS USED IN THIS CHAPTER:

SUBCHAPTER L—WATERFRONT FACILITIES

133 Oil spill liability trust fund; State access ............... 50

140 General .................................................................... 96

SUBCHAPTER NN—DEEPWATER PORTS

148 Deepwater ports: General ........................................ 142

151 Vessels carrying oil, noxious liquid substances,

160 Ports and waterways safety—general ..................... 598

SUBCHAPTER S—BOATING SAFETY

173 Vessel numbering and casualty and accident re-

181 Manufacturer requirements .................................... 1070

PART 125—IDENTIFICATION CRE- § 125.01 Commandant.

CFR, 1949–1953 Comp. pp. 356, 778, 873. the following:

(b) Merchant Mariner’s Document. Card at the time he is issued a new

and harbor areas, including vessels and (e) [Reserved]

States. passport type, taken within one year of

(d) Statement of a practicing physi- Alien registration records together

the applicant or holder are such as to the Board; and

the notice he does not request an op- § 125.43 Hearing procedure.

labor member replaced by another the fact into consideration.

§ 125.49 Action by Commandant after § 125.53 Requirements for credentials;

shall be deemed to be satisfactory iden- 126.16 Conditions for designating a ‘‘facility

quirement in this part?

for International Shore Con-

front facility may request that the

stored on the facility, material han- ation or maintenance of the facility

These materials must be stored in com- vehicles to or from a railroad or high-

vehicles which are moved on or across lowing:

(b) No amount of designated dan- ject persons responsible therefore to

transporting any designated dangerous terfront facility.

176.83(a) through (c). No separation is § 126.28 Ammonium nitrate, ammo-

amended by CGD 75–238, 44 FR 63676, Nov. 5,

owner or operator of a waterfront facil-

127.1203 Gas detection. marine transfer area for LNG of each

THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

NFPA 70, National Electrical Code, 1993 ................................................... 127.107;

§ 127.005 Definitions. Inactive means not active.

Flammable product means a product working pressure.

pressure permissible at the top of TABLE 127.005—LIST OF PRODUCTS AND

Acetaldehyde ................................................... F+T eral or State agency having jurisdic-

(b) An owner or operator intending to struction to expand or modify marine

(e) An owner or operator intending to whether changes are required. The

COTP’s Letter of Recommendation, (c) The owner or operator, or a State,

[CGD 78–038, 53 FR 3376, Feb. 7, 1988, as