[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]


[[Page i]]

          33



          Navigation and Navigable Waters




          PARTS 125 TO 199

          Revised as of July 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1997
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 33:
    Chapter I--Coast Guard, Department of Transportation 
        (Continued)...........................................       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     739
    Table of CFR Titles and Chapters..........................     745
    Alphabetical List of Agencies Appearing in the CFR........     761
    List of CFR Sections Affected.............................     771

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                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 33 CFR 125.01 refers to title                     
   33, part 125, section 01.                                                   
                                  ----------------------------------------------------------                    
                                                                                                                


[[Page v]]

                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided 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.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
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Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1997.



[[Page ix]]



                               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, 1997. The first and 
second volumes, parts 1-124 and 125-199, contain current regulations of 
the Coast Guard, Department of Transportation. The third volume, part 
200 to End, contains current regulations of the Corps of Engineers, 
Department of the Army, and the Saint Lawrence Seaway Development 
Corporation, Department of Transportation.

    In the second volume a subject index for Subchapter N--Outer 
Continental Shelf Activities follows the subchapter in parts 140-147. A 
redesignation table also appears in the Finding Aids section of the 
first volume.

    For this volume, Ruth Reedy Green was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



             TITLE 33--NAVIGATION AND NAVIGABLE WATERS




                  (This book contains parts 125 to 199)

  --------------------------------------------------------------------
                                                                    Part
Chapter i--Coast Guard, Department of Transportation 
  (Continued)...............................................         125

[[Page 3]]



    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)




  --------------------------------------------------------------------

                   SUBCHAPTER L--WATERFRONT FACILITIES

Part                                                                Page
125             Identification credentials for persons 
                    requiring access to waterfront 
                    facilities or vessels...................           7
126             Handling of Class 1 (explosive) materials or 
                    other dangerous cargoes within or 
                    contiguous to waterfront facilities.....          16
127             Waterfront facilities handling liquefied 
                    natural gas and liquefied hazardous gas.          24
128             Security of passenger terminals.............          48
SUBCHAPTER M--MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION

130             Financial responsibility for water pollution          51
133             Oil spill liability trust fund; state access          71
135             Offshore oil pollution compensation fund....          73
136             Oil spill liability trust fund; claims 
                    procedures; designation of source; and 
                    advertisement...........................          81
138             Financial Responsibility for water pollution 
                    (vessels)...............................          91
            SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES

140             General.....................................         143
141             Personnel...................................         149
142             Workplace safety and health.................         153
143             Design and equipment........................         156
144             Lifesaving appliances.......................         159
145             Fire-fighting equipment.....................         163
146             Operations..................................         164
147             Safety zones................................         171

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                Index.......................................         177
                     SUBCHAPTER NN--DEEPWATER PORTS

148             General.....................................         184
149             Design, construction, and equipment.........         210
150             Operations..................................         225
                         SUBCHAPTER O--POLLUTION

151             Vessels carrying oil, noxious liquid 
                    substances, garbage, municipal or 
                    commercial waste, and ballast water.....         244
153             Control of pollution by oil and hazardous 
                    substances, discharge removal...........         279
154             Facilities transferring oil or hazardous 
                    material in bulk........................         286
155             Oil or hazardous material pollution 
                    prevention regulations for vessels......         359
156             Oil and hazardous material transfer 
                    operations..............................         423
157             Rules for the protection of the marine 
                    environment relating to tank vessels 
                    carrying oil in bulk....................         435
158             Reception facilities for oil, noxious liquid 
                    substances, and garbage.................         496
159             Marine sanitation devices...................         507
                SUBCHAPTER P--PORTS AND WATERWAYS SAFETY

160             Ports and waterways safety--general.........         520
161             Vessel traffic management...................         527
162             Inland waterways navigation regulations.....         545
163             Towing of barges............................         567
164             Navigation safety regulations...............         568
165             Regulated navigation areas and limited 
                    access areas............................         590
166             Shipping safety fairways....................         650
167             Offshore traffic separation schemes.........         661
168             Escort requirements for certain tankers.....         665
                      SUBCHAPTERS Q--R--[RESERVED]
                      SUBCHAPTER S--BOATING SAFETY

173             Vessel numbering and casualty and accident 
                    reporting...............................         669
174             State numbering and casualty reporting 
                    systems.................................         675
175             Equipment requirements......................         679
177             Correction of especially hazardous 
                    conditions..............................         684

[[Page 5]]

179             Defect notification.........................         688
181             Manufacturer requirements...................         690
183             Boats and associated equipment..............         695
184--186    [Reserved]
187             Vessel identification system................         729
188--199    [Reserved]

Cross References: United States Customs Service, Department of the 
  Treasury: 19 CFR Chapter I.
Coast Guard regulations relating to shipping: 46 CFR Chapter I.
Federal Communications Commission: Stations on shipboard in the maritime 
  services: 47 CFR, Part 80.
Maritime Administration, Department of Transportation: 46 CFR Chapter 
  II.
Federal Maritime Commission: 46 CFR Chapter IV.

  Note: Other regulations issued by the Department of Transportation 
appear in Titles 14, I; 23, I, II; 33, I, IV; 44, IV; 46, I, II, III; 
48, Chapter 12, and 49 Subtitle A, I, II, III, IV, V, and VI.

Abbreviations: The following abbreviations are 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 letters for any Coast Guard Shore 
    Radio Station. OAN=Aids to Navigation Division. PTP=Training and 
    Procurement. U.S.C.G.=United States Coast Guard.

[[Page 7]]



                   SUBCHAPTER L--WATERFRONT FACILITIES





PART 125--IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS TO WATERFRONT FACILITIES OR VESSELS--Table of Contents




Sec.
125.01  Commandant.
125.03  District Commander.
125.05  Captain of the Port.
125.06  Western rivers.
125.07  Waterfront facility.
125.08  Great Lakes.
125.09  Identification credentials.
125.11  Form of Coast Guard Port Security Card.
125.12  Period of validity of Coast Guard Port Security Cards.
125.13  Captain of the Port Identification Cards.
125.15  Access to waterfront facilities, and port and harbor areas, 
          including vessels and harbor craft therein.
125.17  Persons eligible for Coast Guard Port Security Cards.
125.19  Standards.
125.21  Applications.
125.23  United States citizens.
125.25  Aliens.
125.27  Sponsorship of applicant.
125.29  Insufficient information.
125.31  Approval of applicant by Commandant.
125.33  Holders of Coast Guard Port Security Cards.
125.35  Notice by Commandant.
125.37  Hearing Boards.
125.39  Notice by Hearing Board.
125.41  Challenges.
125.43  Hearing procedure.
125.45  Action by Commandant.
125.47  Appeals.
125.49  Action by Commandant after appeal.
125.51  Replacement of lost Coast Guard Port Security Card.
125.53  Requirements for credentials; certain vessels operating on 
          navigable waters of the United States (including the Great 
          Lakes and Western Rivers).
125.55  Outstanding Port Security Card Applications.
125.57  Applications previously denied.

    Authority: R.S. 4517, 4518, secs. 19, 2, 23 Stat. 58, 118, sec. 7, 
49 Stat. 1936, sec. 1, 40 Stat. 220; 46 U.S.C. 570-572, 2, 689, 50 
U.S.C. 191, EO 10173, EO 10277, EO 10352, 3 CFR, 1949-1953 Comp. pp. 
356, 778, 873.

    Source: CGFR 56-15, 21 FR 2940, May 3, 1956, unless otherwise noted.



Sec. 125.01  Commandant.

    The term Commandant means Commandant of the Coast Guard.



Sec. 125.03  District Commander.

    The term District Commander means the officer of the Coast Guard 
designated by the Commandant to command a Coast Guard District.



Sec. 125.05  Captain of the Port.

    The term Captain of the Port means the officer of the Coast Guard, 
under the command of a District Commander, so designated by the 
Commandant for the purpose of giving immediate direction to Coast Guard 
law enforcement activities within the general proximity of the port in 
which he is situated.



Sec. 125.06  Western rivers.

    The term western rivers as used in the regulations in this 
subchapter shall include only the Red River of the North, the 
Mississippi River and its tributaries above the Huey P. Long Bridge, and 
that part of the Atchafalaya River above its junction with the 
Plaquemine-Morgan City alternate waterway.

[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]



Sec. 125.07  Waterfront facility.

    The term waterfront facility as used in this subchapter, means all 
piers, wharves, docks, and similar structures to which vessels may be 
secured, buildings on such structures or contiguous to them, and 
equipment and materials on such structures or in such buildings.



Sec. 125.08  Great Lakes.

    The term Great Lakes as used in the regulations in this subchapter 
shall include the Great Lakes and their connecting and tributary waters.

[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]



Sec. 125.09  Identification credentials.

    The term Identification credentials as used in this subchapter, 
means any of the following:
    (a) Coast Guard Port Security Card (Form CG 2514).

[[Page 8]]

    (b) Merchant Mariner's Document.
    (c) Armed Forces Identification Card.
    (d) Identification credentials issued by Federal Law enforcement and 
intelligence agencies to their officers and employees (e. g., Department 
of the Treasury, Department of Justice, Federal Communications 
Commission).
    (e) Identification credentials issued to public safety officials (e. 
g., police, firemen) when acting within the scope of their employment.
    (f) Such other identification as may be approved by the Commandant 
from time to time.

[CGD 56-15, 21 FR 2940, May 3, 1956, as amended by CGD 77-228, 43 FR 
53427, Nov. 16, 1978]



Sec. 125.11  Form of Coast Guard Port Security Card.

    The Coast Guard Port Security Card issued by the Coast Guard under 
the provisions of this subchapter shall be a laminated card bearing 
photograph, signature, fingerprint, and personal description of the 
holder, and other pertinent data.



Sec. 125.12  Period of validity of Coast Guard Port Security Cards.

    (a) The Coast Guard Port Security Card (Form CG-2514) shall be valid 
for a period of eight years from the date of issuance thereof unless 
sooner suspended or revoked by proper authority. On the first day after 
eight years from the date of issuance, the Coast Guard Port Security 
Card (Form CG-2514) is hereby declared invalid and shall be considered 
null and void for all purposes.
    (b) The holder of a Coast Guard Port Security Card, which is about 
to expire or has expired, may apply for a new Coast Guard Port Security 
Card in accordance with the procedures set forth in Sec. 125.21. In the 
event the applicant's Coast Guard Port Security Card has expired, such 
card shall accompany the application for a new Coast Guard Port Security 
Card. In the event the applicant is holding a valid Coast Guard Port 
Security Card at the time he submits his application for a new card, 
such person shall surrender the old or expired Coast Guard Port Security 
Card at the time he is issued a new Coast Guard Port Security Card. In 
the event the old Coast Guard Port Security Card was lost, stolen, or 
destroyed, then the applicant shall comply with the provisions in 
Sec. 125.51, regarding the replacement of a lost Coast Guard Port 
Security Card and the new card issued as a replacement for a lost card 
which has expired or is about to expire shall bear a current issuance 
date.

[CGFR 58-52, 23 FR 9751, Dec. 18, 1958]



Sec. 125.13  Captain of the Port Identification Cards.

    Captain of the Port Identification Cards issued under the form 
designation ``Form CG 2514'' prior to the revision of August 1950 were 
declared invalid by a notice published in the Federal Register on 
September 11, 1946 (11 FR 10103), which declaration is hereby 
reaffirmed.



Sec. 125.15  Access to waterfront facilities, and port and harbor areas, including vessels and harbor craft therein.

    (a) The Commandant will, from time to time, direct Captains of the 
Port of certain ports to prevent access of persons who do not possess 
one or more of the identification credentials listed in Sec. 125.09 to 
those waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, where the following shipping 
activities are conducted:
    (1) Those vital to the Military Defense Assistance Program.
    (2) Those pertaining to the support of U.S. military operations.
    (3) Those pertaining to loading and unloading explosives and other 
dangerous cargo.
    (4) Those essential to the interests of national security and 
defense, to prevent loss, damage or injury, or to insure the observance 
of rights and obligations of the United States.
    (b) No person who does not possess one of the identification 
credentials aforesaid shall enter or remain in such facilities, or port 
or harbor areas, including vessels and harbor craft therein.
    (c) The Captain of the Port shall give local public notice of the 
restriction of access to waterfront facilities, and port and harbor 
areas, including vessels and harbor craft therein, as far in advance

[[Page 9]]

as practicable, and shall cause such facilities and areas to be suitably 
marked as to such restriction.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by CGFR 58-43, 23 FR 
8542, Nov. 1, 1958]



Sec. 125.17  Persons eligible for Coast Guard Port Security Cards.

    (a) Only the following persons may be issued Coast Guard Port 
Security Cards:
    (1) Persons regularly employed on vessels or on waterfront 
facilities.
    (2) Persons having regular public or private business connected with 
the operation, maintenance, or administration of vessels, their cargoes, 
or waterfront facilities.
    (b) A holder of a Merchant Mariner's Document shall not be issued a 
Port Security Card, unless his Merchant Mariner's Document is 
surrendered to the Coast Guard. In this connection, see Sec. 125.09.

[CGFR 62-39, 27 FR 11259, Nov. 15, 1962, as amended by CGD 77-228, 43 FR 
53427, Nov. 16, 1978]



Sec. 125.19  Standards.

    Information concerning an applicant for a Coast Guard Port Security 
Card, or a holder of such card, which may preclude a determination that 
his character and habits of life are such as to warrant the belief that 
his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, shall relate to the following:
    (a) Advocacy of the overthrow or alteration of the Government of the 
United States by unconstitutional means.
    (b) Commission of, or attempts or preparations to commit, an act of 
espionage, sabotage, sedition or treason, or conspiring with, or aiding 
or abetting another to commit such an act.
    (c) Performing, or attempting to perform, duties or otherwise acting 
so as to serve the interests of another government to the detriment of 
the United States.
    (d) Deliberate unauthorized disclosure of classified defense 
information.
    (e) [Reserved]
    (f) Having been adjudged insane, having been legally committed to an 
insane asylum, or treated for serious mental or neurological disorder, 
without evidence of cure.
    (g) Having been convicted of any of the following offenses, 
indicative of a criminal tendency potentially dangerous to the security 
of such waterfront facilities and port and harbor areas, including 
vessels and harbor craft therein; arson, unlawful trafficking in drugs, 
espionage, sabotage, or treason.
    (h) Drunkenness on the job or addiction to the use of narcotic 
drugs, without adequate evidence of rehabilitation.
    (i) Illegal presence in the United States, its territories or 
possessions; having been found finally subject to deportation order by 
the United States Immigration and Naturalization Service.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by 37 FR 23422, Nov. 3, 
1972]



Sec. 125.21  Applications.

    (a)(1) Application for a Coast Guard Port Security Card shall be 
made under oath in writing and shall include applicant's answers in full 
to inquiries with respect to such matters as are deemed by the 
Commandant to be pertinent to the standards set forth in Sec. 125.19, 
and to be necessary for a determination whether the character and habits 
of life of the applicant are such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would not be inimical to the security 
of the United States.
    (2) The application also shall include applicant's complete 
identification, citizenship record, personal description, military 
record, if any, and a statement of the applicant's sponsor certifying 
the applicant's employment or union membership and that applicant's 
statements are true and correct to the best of sponsor's knowledge.
    (3) The application shall be accompanied by two unmounted, dull 
finish photographs, 1 inch x 1\15/16\ inches, of passport type, taken 
within one year of the date of application. The photograph shall show 
the full face with the head uncovered and shall be a clear and

[[Page 10]]

satisfactory likeness of the applicant. It shall portray the largest 
image of the head and upper shoulders possible within the dimensions 
specified.
    (4) Fingerprint records on each applicant shall be taken by the 
Coast Guard at the time application is submitted.
    (5) The applicant shall present satisfactory proof of his 
citizenship.
    (6) The applicant shall indicate the address to which his Coast 
Guard Port Security Card can be delivered to him by mail. Under special 
circumstances the applicant may arrange to call in person for the Coast 
Guard Port Security Card.
    (7) The applicant shall present his application, in person, to a 
Coast Guard Port Security Unit designated to receive such applications. 
Such units will be located in or near each port where Coast Guard Port 
Security Cards are required. Each Captain of the Port shall forward 
promptly to the Commandant each application for a Coast Guard Port 
Security Card received by him.
    (b) If an applicant fails or refuses to furnish the required 
information or to make full and complete answer with respect to all 
matters of inquiry, the Commandant shall hold in abeyance further 
consideration of the application, and shall notify the applicant that 
further action will not be taken unless and until the applicant 
furnishes the required information and fully and completely answers all 
inquiries directed to him.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.23  United States citizens.

    Acceptable evidence of United States citizenship is described in 
this section in the order of its desirability; however, the Coast Guard 
will reject any evidence not believed to be authentic;
    (a) Birth certificate or certified copy thereof.
    (b) Certificate of naturalization. This shall be presented by all 
persons claiming citizenship through naturalization.
    (c) Baptismal certificate or parish record recorded within one year 
after birth.
    (d) Statement of a practicing physician certifying that he attended 
the birth and that he has a record in his possession showing the date 
and place of birth.
    (e) United States passport.
    (f) A commission in one of the armed forces of the United States, 
either regular or reserve; or satisfactory documentary evidence of 
having been commissioned in one of the armed forces subsequent to 
January 1, 1936, provided such commission or evidence shows the holder 
to be a citizen.
    (g) A continuous discharge book, or Merchant Mariner's Document 
issued by the Coast Guard which shows the holder to be a citizen of the 
United States.
    (h) If an applicant claiming to be a citizen of the United States 
submits a delayed certificate of birth issued under a State's seal, it 
may be accepted as prima facie evidence of citizenship if no one of the 
requirements in paragraphs (a) through (g) of this section can be met by 
the applicant and in the absence of any collateral facts indicating 
fraud in its procurement.
    (i) If no one of the requirements in paragraphs (a) through (h) of 
this section can be met by the applicant, he should make a statement to 
that effect, and in an attempt to establish citizenship, he may submit 
for consideration data of the following character:
    (1) Report of the Census Bureau showing the earliest record of age 
or birth available. Request for such information should be addressed to 
the Director of the Census, Suitland, Md. 20233. In making such request, 
definite information must be furnished the Census Bureau as to the place 
of residence when the first census was taken after the birth of the 
applicant, giving the name of the street and the number of the house, or 
other identification of place where living, etc.; also names of parents 
or the names of other persons with whom residing on the date specified.
    (2) School records, immigration records, or insurance policies (the 
latter must be at least 10 years old).



Sec. 125.25  Aliens.

    Alien registration records together with other papers and documents 
which indicated the country of which

[[Page 11]]

the applicant is a citizen shall be accepted as evidence of citizenship 
in a foreign nation.



Sec. 125.27  Sponsorship of applicant.

    Applications for a Coast Guard Port Security Card shall not be 
accepted unless sponsored. The applicant shall be sponsored by an 
authorized official of applicant's employer or by an authorized official 
of applicant's labor union. Each company and each labor union concerned 
shall file with the appropriate Captain of the Port a list of officials 
of the company or union who are authorized to sponsor applicants. Other 
sponsorship may be accepted where the circumstances warrant.



Sec. 125.29  Insufficient information.

    (a)(1) If, in the judgment of the Commandant, an application does 
not contain sufficient information to enable him to satisfy himself that 
the character and habits of life of the applicant are such to warrant 
the belief that his presence on waterfront facilities, and port and 
harbor areas, including vessels and harbor craft herein, would not be 
inimical to the security of the United States, the Commandant may 
require the applicant to furnish, under oath in writing or orally, such 
further information as he deems pertinent to the standards set forth in 
Sec. 125.19 and necessary to enable him to make such a determination.
    (2) If an applicant fails or refuses to furnish such additional 
information, the Commandant shall hold in abeyance further consideration 
of the application, and shall notify the applicant that further action 
will not be taken unless and until the applicant furnishes such 
information.
    (b) Upon receipt, the application and such further information as 
the Commandant may have required shall be referred, except in those 
instances where action on an application is held in abeyance pursuant to 
Sec. 125.21(b) or to paragraph (a)(2) of this section, to a committee 
composed of a representative of the Legal Division, of the Merchant 
Vessel Personnel Division and of the Intelligence Division, Coast Guard 
Headquarters. The committee shall prepare an analysis of the available 
information and shall make recommendations for action by the Commandant.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.31  Approval of applicant by Commandant.

    (a) If the Commandant is satisfied that the character and habits of 
life of the applicant are not such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would be inimical to the security of 
the United States, he will direct that a Coast Guard Port Security Card 
be issued to the applicant.
    (b) If the Commandant is not satisfied that the character and habits 
of life of the applicant are such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would not be inimical to the security 
of the United States, he will notify the applicant in writing as 
provided for in Sec. 125.35.



Sec. 125.33  Holders of Coast Guard Port Security Cards.

    (a) Whenever the Commandant is not satisfied that the character and 
habits of life of a holder of a Coast Guard Port Security Card are such 
as to warrant the belief that his presence on waterfront facilities and 
port and harbor areas, including vessels and harbor craft therein, would 
not be inimical to the security of the United States, he will request 
the holder to furnish, under oath in writing, such information as he 
deems pertinent and necessary for a determination on this issue.
    (b) If the holder fails or refuses to furnish such information 
within thirty (30) days after receipt of the Commandant's request, the 
Commandant may issue the written notice provided for in Sec. 125.35(a).
    (c) The holder's failure or refusal to furnish such information 
shall preclude a determination that the holder's character and habits of 
life are such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States.

[[Page 12]]

    (d) Upon receipt of such information as the Commandant may have 
required, the procedure prescribed in Sec. 125.29(b) shall be followed.
    (e) If the Commandant is satisfied that the character and habits of 
life of the holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, he shall notify the holder accordingly.
    (f) If the Commandant is not satisfied that the character and habits 
of life of the holder are such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would not be inimical to the security 
of the United States, he shall notify the holder in writing as provided 
for in Sec. 125.35.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.35  Notice by Commandant.

    (a) The notice provided for in Secs. 125.31 and 125.33 shall contain 
a statement of the reasons why the Commandant is not satisfied that the 
character and habits of life of the applicant or holder are such as to 
warrant the belief that his presence on waterfront facilities, and port 
and harbor areas, including vessels and harbor craft therein, would not 
be inimical to the security of the United States. Such notice shall be 
as specific and detailed as the interests of national security shall 
permit and shall include pertinent information such as names, dates, and 
places in such detail as to permit reasonable answer.
    (b) The applicant or holder shall have 20 days from the date of 
receipt of the notice of reasons to file written answer thereto. Such 
answer may include statements or affidavits by third parties or such 
other documents or evidence as the applicant or holder deems pertinent 
to the matters in question.
    (c) Upon receipt of such answer the procedure prescribed in 
Sec. 125.29(b) shall be followed.
    (d) If the Commandant is satisfied that the character and habits of 
life of the applicant or holder are such as to warrant the belief that 
his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, he shall, in the case of an applicant, 
direct that a Coast Guard Port Security Card be issued to the applicant, 
or, in the case of a holder, notify him accordingly.
    (e) If the Commandant is not satisfied that the applicant's or 
holder's character and habits of life are such as to warrant the belief 
that his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, the Commandant shall refer the matter to 
a Hearing Board for hearing and recommendation in accordance with the 
provisions of this part.



Sec. 125.37  Hearing Boards.

    The Commandant may establish a Hearing Board in each Coast Guard 
District. The Commandant shall designate for each Hearing Board a 
Chairman, who shall be, so far as practicable, an officer of the Coast 
Guard. The Commandant shall designate, so far as practicable, a second 
member from a panel of persons representing labor named by the Secretary 
of Labor, and a third member from a panel of persons representing 
management named by the Secretary of Labor.



Sec. 125.39  Notice by Hearing Board.

    Whenever the Commandant refers a matter to a Hearing Board, the 
Chairman shall:
    (a) Fix the time and place of the hearing;
    (b) Inform the applicant or holder of the names of the members of 
the Hearing Board, their occupations, and the businesses or 
organizations with which they are affiliated, of his privilege of 
challenge, and of the time and place of the hearing;
    (c) Inform the applicant or holder of his privilege to appear before 
the Hearing Board in person or by counsel or representative of his 
choice, and to present testimonial and documentary evidence in his 
behalf, and to cross-examine any witnesses appearing before the Board; 
and
    (d) Inform the applicant or holder that if within 10 days after 
receipt of

[[Page 13]]

the notice he does not request an opportunity to appear before the 
Hearing Board, either in person or by counsel or representative, the 
Hearing Board will proceed without further notice to him.



Sec. 125.41  Challenges.

    Within five days after receipt of the notice described in 
Sec. 125.39 the applicant or holder may request disqualification of any 
member of the Hearing Board on the grounds of personal bias or other 
cause. The request shall be accompanied by an affidavit setting forth in 
detail the facts alleged to constitute grounds for disqualification. The 
affidavit may be supplemented by an oral presentation if desired. If 
after due consideration the Chairman believes a challenged member is 
qualified notwithstanding the challenge, he shall notify the person who 
made the challenge and arrange to proceed with the hearing. If the 
person who made the challenge takes exception to the ruling of the 
Chairman, the exception and data relating to the claim of 
disqualification shall be made a matter of record. If the Chairman finds 
that there is reasonable ground for disqualification he shall furnish 
the person who made the challenge with the name of an alternate in lieu 
of the challenged member and arrange to proceed with the hearing. In the 
event the Chairman is challenged, he shall forthwith notify the 
Commandant, furnishing the grounds for the claim of disqualification, 
and the Commandant shall act upon the challenge in accordance with the 
foregoing procedure. In addition to the right to challenge for cause, a 
person who has requested a hearing shall have two peremptory challenges, 
one challenge for the management member and one challenge for the labor 
member of the Hearing Board. Should the management member be so 
challenged, the person who made the challenge may elect to have the 
management member replaced by another management member or by a member 
not representing either management or labor; if the member peremptorily 
challenged represents labor, the person who made the challenge may elect 
to have the labor member replaced by another labor member or by a member 
not representing either management or labor.



Sec. 125.43  Hearing procedure.

    (a) Hearings shall be conducted in an orderly manner and in a 
serious, businesslike atmosphere of dignity and decorum and shall be 
expedited as much as possible.
    (b) The hearing shall be in open or closed session at the option of 
the applicant or holder.
    (c) Testimony before the Hearing Board shall be given under oath or 
affirmation.
    (d) The Chairman of the Hearing Board shall inform the applicant or 
holder of his right to:
    (1) Participate in the hearing;
    (2) Be represented by counsel of his choice;
    (3) Present witnesses and offer other evidence in his own behalf and 
in refutation of the reasons set forth in the Notice of the Commandant; 
and
    (4) Cross-examine any witnesses offered in support of such reasons.
    (e) Hearings shall be opened by the reading of the Notice of the 
Commandant and the answer thereto. Any statement and affidavits filed by 
the applicant or holder may be incorporated in the record by reference.
    (f) The Hearing Board may, in its discretion, invite any person to 
appear at the hearing and testify. However, the Board shall not be bound 
by the testimony of such witness by reason of having called him and 
shall have full right to cross-examine the witness. Every effort shall 
be made to produce material witnesses to testify in support of the 
reasons set forth in the Notice of the Commandant, in order that such 
witnesses may be confronted and cross-examined by the applicant or 
holder.
    (g) The applicant or holder may introduce such evidence as may be 
relevant and pertinent. Rules of evidence shall not be binding on the 
Hearing Board, but reasonable restrictions may be imposed as to the 
relevancy, competency and materiality of matters considered. If the 
applicant or holder is, or may be, handicapped by the non-disclosure to 
him of confidential sources, or by the failure of witnesses to appear, 
the Hearing Board shall take the fact into consideration.
    (h) The applicant or holder or his counsel or representative shall 
have

[[Page 14]]

the right to control the sequence of witnesses called by him.
    (i) The Hearing Board shall give due consideration to documentary 
evidence developed by investigation, including membership cards, 
petitions bearing the applicant's or holder's signature, books, 
treatises or articles written by the applicant or holder and testimony 
by the applicant or holder before duly constituted authority.
    (j) Complete verbatim stenographic transcription shall be made of 
the hearing by qualified reporters and the transcript shall constitute a 
permanent part of the record. Upon request, the applicant or holder or 
his counsel or representative shall be furnished, without cost, a copy 
of the transcript of the hearing.
    (k) The Board shall reach its conclusion and base its determination 
on information presented at the hearing, together with such other 
information as may have been developed through investigation and 
inquiries or made available by the applicant or holder.
    (l) If the applicant or holder fails, without good cause shown to 
the satisfaction of the chairman, to appear personally or to be 
represented before the Hearing Board, the Board shall proceed with 
consideration of the matter.
    (m) The recommendation of the Hearing Board shall be in writing and 
shall be signed by all members of the Board. The Board shall forward to 
the Commandant, with its recommendation, a memorandum of reasons in 
support thereof. Should any member be in disagreement with the majority 
a dissent should be noted setting forth the reasons therefor. The 
recommendation of the Board, together with the complete record of the 
case, shall be sent to the Commandant as expeditiously as possible.



Sec. 125.45  Action by Commandant.

    (a) If, upon receipt of the Board's recommendation, the Commandant 
is satisfied that the character and habits of life of the applicant or 
holder are such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States, he shall, in the case of an applicant, direct that a Coast Guard 
Port Security Card be issued to the applicant, or, in the case of a 
holder, notify him accordingly.
    (b) If, upon receipt of the Board's recommendation, the Commandant 
is not satisfied that the character and habits of life of the applicant 
or holder are such as to warrant the belief that his presence on 
waterfront facilities, and port and harbor areas, including vessels and 
harbor craft therein, would not be inimical to the security of the 
United States, the Commandant shall:
    (1) In the case of an applicant, notify him that a Coast Guard Port 
Security Card will not be issued to the applicant, or,
    (2) In the case of a holder, revoke and require the surrender of his 
Coast Guard Port Security Card.
    (c) Such applicant or holder shall be notified of his right, and 
shall have 20 days from the receipt of such notice within which, to 
appeal under this part.



Sec. 125.47  Appeals.

    (a) The Commandant shall establish at Coast Guard Headquarters, 
Washington, DC, an Appeal Board to hear appeals provided for in this 
part. The Commandant shall designate for the Appeal Board a Chairman, 
who shall be so far as practicable, an officer of the Coast Guard. The 
Commandant shall designate, so far as practicable, a member from a panel 
of persons representing management nominated by the Secretary of Labor, 
and a member from a panel of persons representing labor nominated by the 
Secretary of Labor. The Commandant shall insure that persons designated 
as Appeal Board members have suitable security clearance. The Chairman 
of the Appeal Board shall make all arrangements incident to the business 
of the Appeal Board.
    (b) If an applicant or holder appeals to the Appeal Board within 20 
days after receipt of notice of his right to appeal under this part, his 
appeal shall be handled under the same procedure as that specified in 
Sec. 125.39, and the privilege of challenge may be exercised through the 
same procedure as that specified in Sec. 125.41.

[[Page 15]]

    (c) Appeal Board proceedings shall be conducted in the same manner 
as that specified in Sec. 125.43.



Sec. 125.49  Action by Commandant after appeal.

    (a) If, upon receipt of the Appeal Board's recommendation, the 
Commandant is satisfied that the character and habits of life of the 
applicant or holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, he shall, in the case of an applicant, direct that a 
Coast Guard Port Security Card be issued to the applicant, or in the 
case of a holder, notify him accordingly.
    (b) If, upon receipt of the Appeal Board's recommendation, the 
Commandant is not satisfied that the character and habits of life of the 
applicant or holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, the Commandant shall notify the applicant or holder that 
his appeal is denied.



Sec. 125.51  Replacement of lost Coast Guard Port Security Card.

    (a) Any person whose Coast Guard Port Security Card has been stolen, 
lost, or destroyed shall report that fact to a Coast Guard Port Security 
Unit or Captain of the Port as soon thereafter as possible.
    (b) A person who has lost a Coast Guard Port Security Card may apply 
for a replacement card by submitting ``An Application for Replacement of 
Lost Port Security Card'' (Form CG 2685A) to a Coast Guard Port Security 
Unit. A replacement will be issued only after a full explanation of the 
loss of the Coast Guard Port Security Card is made in writing to the 
Coast Guard and after a full check is made and authorization is granted 
by the Commandant.
    (c) Any person to whom a Coast Guard Port Security Card has been 
issued as a replacement for a lost card, shall immediately surrender the 
original card to the nearest Coast Guard Port Security Unit or Captain 
of the Port if the original card should be recovered.



Sec. 125.53  Requirements for credentials; certain vessels operating on navigable waters of the United States (including the Great Lakes and Western Rivers).

    (a) Every person desiring access to vessels, except public vessels, 
falling within any of the categories listed below, as a master, person 
in charge, or member of the crew thereof, shall be required to be in 
possession of one of the identification credentials listed in 
Sec. 125.09.
    (1) Towing vessels, barges, and lighters operating in the navigable 
waters of the continental United States other than the Great Lakes and 
Western Rivers.
    (2) Harbor craft, such as water taxis, junk boats, garbage disposal 
boats, bum boats, supply boats, repair boats, and ship cleaning boats, 
which in the course of their normal operations service or contact 
vessels, foreign or domestic, public or merchant, in the navigable 
waters of the continental United States other than the Great Lakes and 
Western Rivers.
    (b) The term ``master, person in charge, or member of the crew'' 
shall be deemed to include any person who serves on board in any 
capacity concerned with the operation, maintenance, or administration of 
the vessel or its cargo.
    (c) Where the Coast Guard Port Security Card (Form CG 2514) is to be 
used as the identification required by paragraph (a) of this section, 
application for such card may be made immediately by the persons 
concerned. The issuance of the Coast Guard Port Security Card shall be 
in the form and manner prescribed by Sec. 125.11.
    (d) At the discretion of the District Commander any person desiring 
access to vessels of the categories named in this section, who may be 
required by the provisions hereof to possess identification credentials, 
may be furnished a letter signed by the District Commander or the 
Captain of the Port and this letter shall serve in lieu of a Coast Guard 
Port Security Card and will authorize such access for a period not to 
exceed 60 days, and such a letter issued

[[Page 16]]

shall be deemed to be satisfactory identification within the meaning of 
Sec. 125.09. The issuance of the letter shall be subject to the 
following conditions:
    (1) The services of the person are necessary to avoid delay in the 
operation of the vessel;
    (2) The person does not possess one of the identification 
credentials listed in Sec. 125.09.
    (3) The person has filed his application for a Coast Guard Port 
Security Card or submits his application before the letter is issued; 
and,
    (4) The person has been screened by the District Commander or 
Captain of the Port and such officer is satisfied concerning the 
eligibility of the applicant to receive a temporary letter.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by CGFR 58-51, 21 FR 
9339, Nov. 30, 1956]



Sec. 125.55  Outstanding Port Security Card Applications.

    A person who has filed an application for a Coast Guard Port 
Security Card and who did not receive such a document prior to May 1, 
1956, shall submit a new application in accordance with the requirements 
of this part.

[CGFR 61-54, 26 FR 11862, Dec. 12, 1961]



Sec. 125.57  Applications previously denied.

    A person who has been denied a Coast Guard Port Security Card before 
May 1, 1956, may file a new application for such a document in 
accordance with the requirements of this part.



PART 126--Handling of Class 1 (Explosive) Materials or Other Dangerous Cargoes within or Contiguous to Waterfront Facilities--Table of Contents




Sec.
126.01  General definitions.
126.05  Designated waterfront facility.
126.07  Dangerous cargo.
126.09  Designated dangerous cargo.
126.10  Cargo of particular hazard.
126.11  Waiver authority based on local or unusual conditions.
126.13  Designation of waterfront facilities.
126.15  Conditions for designation as designated waterfront facility.
126.16  Conditions for designating a ``facility of particular hazard.''
126.17  Permits required for handling designated dangerous cargo.
126.19  Issuance of permits for handling designated dangerous cargo.
126.21  Permitted transactions.
126.23  Termination or suspension of permits.
126.25  Penalties for handling designated dangerous cargo without 
          permit.
126.27  General permit for handling dangerous cargo.
126.28  Ammonium nitrate, ammonium nitrate fertilizers, fertilizer 
          mixtures, or nitro carbo nitrate; general provisions.
126.29  Supervision and control of dangerous cargo.
126.31  Termination or suspension of general permit.
126.33  Penalties for handling dangerous cargo without permit.
126.35  Primary responsibility.
126.37  Separability.

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.



Sec. 126.01  General definitions.

    Commandant means the Commandant of the United States Coast Guard.
    Captain of the Port (COTP) means the officer of the Coast Guard, 
under the command of a District Commander, so designated by the 
Commandant for the purpose of giving immediate direction to Coast Guard 
law enforcement activities within an assigned area.
    District Commander means the officer of the Coast Guard designated 
by the Commandant to command a Coast Guard District.
    Net tons means the net weight of a materials in tons.
    Net weight means a measure of weight referring only to the contents 
of a package, tank or container and does not include the weight of any 
packaging material, or containing devices.
    Waterfront facility means all piers, wharves, docks, and similar 
structures to which a vessel may be secured; areas of land, water, or 
land and water under and in immediate proximity to them; buildings on 
such structures or contiguous to them and equipment and materials on 
such structures or in such buildings. This term does not include 
facilities directly operated by the Department of Defense.

[CGD 78-023, 44 FR 4642, Jan. 22, 1979]

[[Page 17]]



Sec. 126.05  Designated waterfront facility.

    (a) Designated waterfront facility. The term designated waterfront 
facility means a waterfront facility designated by Sec. 126.13 for the 
handling and storage of, and for vessel loading and discharging of: any 
hazardous material subject to the Dangerous Cargoes Regulations in 46 
CFR part 148; and any hazardous material subject to the Hazardous 
Materials Regulations (49 CFR parts 170-179), except for those materials 
preceded by an ``A'' in the Hazardous Materials Table, in 49 CFR 172.101 
and for those materials carried as bulk liquids.
    (b) Facility of particular hazard means a designated waterfront 
facility that is authorized to handle a cargo of particular hazard, as 
defined in Sec. 126.10.

[CGD 78-023, 44 FR 4642, Jan. 22, 1979, as amended by CGD 75-238, 44 FR 
63675, Nov. 5, 1979; CGD 75-238, 45 FR 57393, Aug. 28, 1980; CGD 78-038, 
53 FR 3376, Feb. 7, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 
92-050, 59 FR 39965, Aug. 5, 1994; CGD 88-049, 60 FR 39794, Aug. 3, 
1995]



Sec. 126.07  Dangerous cargo.

    The term dangerous cargo means all explosives and other hazardous 
materials or cargo covered by--
    (a) Dangerous Cargoes, 46 CFR part 148; or
    (b) Hazardous Materials, 49 CFR parts 170-179, except for those 
materials preceded by an ``A'' in the hazardous Materials Table, 49 CFR 
172.101.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 92-050, 59 FR 39965, Aug. 5, 1994]



Sec. 126.09  Designated dangerous cargo.

    The term designated dangerous cargo means Division 1.1 and 1.2 
explosives, as defined in 49 CFR 173.50.

[CGD 92-050, 59 FR 39965, Aug. 5, 1994]



Sec. 126.10  Cargo of particular hazard.

    Cargo of particular hazard means any of the following:
    (a) Division 1.1 or 1.2 explosives, as defined in 49 CFR 173.50.
    (b) Oxidizing material or blasting agent for which a permit is 
required under 49 CFR 176.415.
    (c) Highway route controlled quantity radioactive material, as 
defined in 49 CFR 173.403(1), or Fissile Class III shipments of fissile 
radioactive material, as defined in 49 CFR 173.455(a)(3).

[CGD 75-238, 45 FR 57394, Aug. 28, 1980, as amended by CGD 84-039, 50 FR 
8613, Mar. 4, 1985; CGD 78-038, 53 FR 3376, Feb. 7, 1988; CGD 86-034, 55 
FR 36252, Sept. 4, 1990; CGD 92-050, 59 FR 39965, Aug. 5, 1994; CGD 88-
049, 60 FR 39794, Aug. 3, 1995]



Sec. 126.11  Waiver authority based on local or unusual conditions.

    Whenever the Commandant, the District Commander, or the Captain of 
the Port finds that the application of any provisions contained in 
Secs. 126.15 and 126.16 is not necessary to the safety or security of 
the port and vessels and waterfront facilities therein, or that its 
application is not practical because of local conditions or because the 
materials or personnel required for compliance are not available, or 
because the requirements of the national defense justify a departure 
from such provision, the Commandant, the District Commander, or the 
Captain of the Port may waive compliance with such provision, to the 
extent and under such requirements as they determine.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979]



Sec. 126.13  Designation of waterfront facilities.

    (a) Waterfront facilities which fulfill the conditions required in 
Sec. 126.15, unless waived under provisions of Sec. 126.11, and only 
such waterfront facilities are designated for the handling, storing, 
stowing, loading, discharging, or transporting of dangerous cargo, 
subject to compliance with other applicable requirements and provisions 
set forth in this part.
    (b) Handling, storing, stowing, loading, discharging, or 
transporting dangerous cargo at any waterfront facility other than one 
designated by this section is hereby prohibited, and violation of this 
prohibition will subject the violator to the civil or criminal penalties 
provided in section 13 of the Ports and Waterways Safety Act (33 U.S.C. 
1232).

[CGFR 57-52, 22 FR 10302, Dec. 20, 1957, as amended by CGD 78-023, 44 FR 
4643, Jan. 22, 1979]

[[Page 18]]



Sec. 126.15  Conditions for designation as designated waterfront facility.

    The conditions referred to in Sec. 126.13 for designation of a 
waterfront facility for the purpose of handling, storing, stowing, 
loading, discharging, or transporting of dangerous cargo shall be as 
follows:
    (a) Guards. That guards are provided by the owner or operator of the 
waterfront facility for the protection thereof in such numbers and of 
such qualifications as to assure adequate surveillance, prevent unlawful 
entrance, detect fire hazards, and check the readiness of protective 
equipment.
    (b) Smoking. That smoking is prohibited on the waterfront facility 
except at such portions thereof as may be designated by the owner or 
operator thereof: Provided, That smoking in such areas shall only be 
permitted in accordance with local ordinances and regulations and that 
signs are conspicuously posted marking such authorized smoking areas and 
that ``No Smoking'' signs are conspicuously posted elsewhere on the 
waterfront facility.
    (c) Welding or hot work. Oxyacetylene or similar welding or burning 
or other hot work including electric welding or the operation of 
equipment is prohibited on waterfront facilities or on vessels moored 
thereto, during the handling, storing, stowing, loading, discharging, or 
transporting of explosives. Such work may not be conducted on waterfront 
facilities or vessels moored thereto while either the facility or vessel 
is handling, storing, stowing, loading, discharging, or transporting 
dangerous cargo without the specific approval of the Captain of the 
Port.
    (d) Trucks and other motor vehicles. That trucks and other motor 
vehicles are not permitted to remain or park upon the waterfront 
facility except under the following conditions:
    (1) When actually awaiting opportunity to load or discharge cargo, 
ship supplies, or passengers and is attended by a driver.
    (2) When loading or discharging tools, equipment or materials 
incident to maintenance, repair, or alterations and is attended by a 
driver.
    (3) When the vehicle is headed toward an unimpeded exit and is 
attended by a driver.
    (4) When a vehicle is handled and stored as an item of cargo.
    (5) When parking areas are designated and permitted in accordance 
with local ordinances and regulations and provided no fire lanes are 
blocked nor exits impeded by their presence, passenger vehicles may be 
parked in such portions of the waterfront facility as may be designated 
and marked off by the owner or operator.
    (e) Pier automotive equipment. That tractors, stackers, lift trucks, 
hoisters and other equipment driven by internal combustion engines used 
on the waterfront facility are of such construction and condition and 
free from excess grease, oil, or lint as not to constitute a fire 
hazard; that each unit of such equipment is provided with an approved 
type fire extinguisher attached, except where waterfront facilities are 
provided with fire extinguishers approved by the Captain of the Port, as 
being adequate in numbers, type and location for additional protection 
of pier automotive equipment; that, when not in use, such equipment is 
stored in a safe manner and location; that gasoline or other fuel used 
for such equipment is stored and handled in accordance with accepted 
safe practices and is not stored on the waterfront facility, except in 
conformity with paragraph (g) of this section; and that refueling of 
such equipment or any vehicle is prohibited on any pier or wharf within 
the waterfront facility.
    (f) Rubbish and waste materials. That the waterfront facility is 
free from rubbish, debris, and waste materials. Burning rubbish in an 
open fire on a waterfront facility is prohibited.
    (g) Maintenance stores and supplies. That supplies classified as 
dangerous by the provisions of the Hazardous Materials Regulations (49 
CFR 170-179) except those materials preceded by an ``A'' in the 
Hazardous Materials Table, 49 CFR 172.101, to be used in connection with 
operation or maintenance of the property or facility, are not stored on 
any pier or wharf within the waterfront facility and are not stored 
elsewhere on the waterfront facility except in amounts necessary for 
normal current

[[Page 19]]

operating conditions; that these supplies are stored in a compartment 
remote from combustible material, constructed so as to be readily 
accessible and provide safe storage; that storage compartments are kept 
clean and maintained free of scrap materials, empty containers, soiled 
wiping rags, waste, and other debris; that covered metal containers are 
provided for disposal of used wiping cloths and are emptied at the end 
of each working day; and that clothing lockers are maintained clean and 
orderly and properly ventilated.
    (h) Electric wiring. That new installations of electric wiring and 
equipment are made in accordance with accepted safe practices 
(conformity with the requirements of the National Electric Code (current 
edition) and the requirements of applicable local regulations shall be 
deemed evidence of compliance with such accepted safe practices); that 
materials, fittings, and devices are of type and character approved for 
the intended use by Underwriters Laboratories, Inc., Associated Factory 
Mutual Laboratories, or United States National Bureau of Standards; that 
existing electric wiring is maintained in a safe condition, free of 
defects or modifications which may cause fire or personal injury; that 
defective or dangerous wiring, equipment, and devices are permanently 
disconnected from sources of energy.
    (i) Heating equipment and open fires. That heating equipment is 
safely installed and maintained in good operating condition; that 
adequate clearances to prevent undue heating of nearby combustible 
materials are maintained between heating appliances, chimneys, stove 
pipes, gas vents, or other heat producing elements, and any combustible 
materials of the floor, walls, partitions or roofs; that in general, 
clearances are such that continuous operation of the heat producing 
device at full capacity will not increase the temperature of nearby 
woodwork more than 90 deg. above the ambient temperature; that, where 
necessary to prevent contact with movable combustible materials, heating 
appliances are enclosed or screened; that spark arresters are provided 
on chimneys or appliances burning solid fuel used in locations where 
sparks constitute a hazard to nearby combustible materials. Open fires 
or fires in barrels, drums, or similar apparatus are prohibited. (As a 
guide to safe installation of heating equipment, the appropriate 
chapters of the National Board of Fire Underwriters Building Code 
(current edition) are recommended.)
    (j) Fire extinguishing equipment. That fire extinguishing appliances 
are made available in adequate quantities, locations, and types; that 
first aid fire appliances are installed and maintained in accordance 
with accepted safe practices (conformity with the requirements 
prescribed in the current ``Standards for the Installation, Maintenance 
and Use of Portable Fire Extinguishers,'' issued by the National Fire 
Protection Association, shall be deemed evidence of compliance with such 
accepted safe practices); that fire extinguishing equipment, fire alarm 
systems and devices, and fire doors and other safety equipment are 
maintained in good operating condition at all times; that provision is 
made so that, when hazards arise which require such precaution, 
emergency hose lines will be led out and other emergency fire-fighting 
equipment will be placed immediately adjacent to such hazards.
    (k) Marking of fire appliance locations. That the locations of all 
fire appliances, including hydrants, standpipe and hose stations, fire 
extinguishers, and fire alarm boxes, are conspicuously marked; and that 
ready accessibility to such appliances is maintained.
    (l) Lighting. That subject to applicable dimout and blackout 
regulations, such waterfront facility is adequately illuminated during 
the handling, storing, stowing, loading, discharging or transporting of 
dangerous cargo thereon; and that kerosene and gasoline lamps and 
lanterns are not used on such waterfront facility.
    (m) Arrangement of cargo, freight, merchandise or material. That 
cargo, freight, merchandise or material is arranged on the waterfront 
facility according to the individual structure of such facility, in a 
manner to permit complete access for the purpose of fire extinguishment; 
that, except on facilities used primarily for the transfer of railroad 
or highway vehicles to or from

[[Page 20]]

cargo vessels and carfloats; cargo, freight, merchandise or other 
material is placed on the waterfront facility in accordance with the 
following:
    (1) At least two feet of clear and open space shall be maintained 
free of rubbish, dunnage, or other obstructions between cargo, freight, 
merchandise, or other material piles and both sides of the walls of the 
waterfront facility, fire walls or fire stops in enclosed waterfront 
facilities. This distance shall be measured from the most prominent 
projection of the wall such as studding, bracings, or other obstructions 
that are part of the structure. In an unenclosed facility, 2 feet of 
clear and open space shall be maintained free of rubbish, dunnage, or 
other obstructions between cargo, freight, merchandise or other 
materials and the sides of the pier.
    (2) Inflammable or combustible cargo, freight, merchandise or 
material, not including bulk cargo, shall not be tiered higher than 12 
feet. All cargo, freight, merchandise or other materials including 
inflammable or combustible cargo, freight, merchandise or materials 
shall be so tiered as to maintain a clearance between the upper level of 
the top tier and trusses, beams, girders, or other structural members of 
not less than 36'', and between such upper level and sprinkler heads a 
clearance of at least 12'' shall be maintained.
    (3) There shall be maintained at least four feet of clear and open 
operating space around any fire alarm box, standpipe, fire hose, 
sprinkler valve, fire door, deck hatch, or first-aid fire appliance.
    (4) When first-aid fire appliances, alarm boxes, other safety 
equipment or deck hatches are located in a space surrounded by cargo, 
freight, merchandise, or other materials, there shall be maintained a 
straight, free, and open space at least three feet in width running 
therefrom to the center aisle. This space shall be kept clear of all 
rubbish, dunnage, and other obstruction.
    (5) A main aisle of at least twenty feet in width shall be 
maintained the entire length of the waterfront facility if control of 
fire requires trucks to come on the pier. The aisle may be reduced to 
eight feet in width if such access by fire trucks is not required.
    (6) Cross aisles, at least five (5) feet wide and straight shall be 
maintained at intervals not exceeding seventy-five (75) feet, and 
extending to the side of the waterfront facility.
    (n) Adequacy of guarding, fire extinguishing equipment, and 
lighting. That the word ``adequate'', as used in paragraphs (a), (j), 
and (l) of this section with respect to guarding, fire extinguishing 
equipment, and lighting, respectively, means that determination which a 
reasonable person would make under the circumstances of the particular 
case. Unless there is gross noncompliance, the judgment and 
determination of the operator of the facility will be acceptable as 
fulfilling the requirements unless and until the Captain of the Port 
inspects the facility and notifies the operator thereof in writing in 
what respect the guarding, fire extinguishing equipment, or lighting, is 
deemed inadequate and affords such operator an opportunity to correct 
the deficiency.

[CGFR 51-37, 16 FR 8677, Aug. 28, 1951]

    Editorial Note: For Federal Register citations affecting 
Sec. 126.15, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 126.16  Conditions for designating a ``facility of particular hazard.''

    (a) Basic requirements. The facility shall comply with all the 
conditions in Sec. 126.15 except where specifically waived by 
Sec. 126.11.
    (b) Warning alarms. Warning alarms shall be installed at the 
waterside of such a facility to warn approaching or transiting water 
traffic of immediate danger in the event of fire or cargo release. 
Warning alarms shall be of the siren type, or the emergency rotating 
flashing light type, and be of sufficient intensity to be heard, or 
seen, a distance of 1 mile during normal facility working conditions. 
The alarm signal shall not conflict with local municipal prescription.

[CGFR 67-93, 32 FR 20774, Dec. 23, 1967]

[[Page 21]]



Sec. 126.17  Permits required for handling designated dangerous cargo.

    Designated dangerous cargo may be handled, loaded, discharged, or 
transported at any designated waterfront facility only if a permit 
therefor has been issued by the Captain of the Port. This permit 
requirement may be waived, at the discretion of the Captain of the Port, 
when such cargoes are contained within railroad cars or highway vehicles 
which are moved on or across a waterfront facility used primarily for 
the transfer of railroad cars or highway vehicles to or from a railroad 
or highway vehicle ferry or carfloat; provided such designated cargoes 
are not removed from, or placed in, the railroad car or highway vehicle 
while it is in or on such waterfront facility.

[CGFR 58-43, 23 FR 8542, Nov. 1, 1958]



Sec. 126.19  Issuance of permits for handling designated dangerous cargo.

    Upon the application of the owners or operators of a designated 
waterfront facility or of their authorized representatives, the Captain 
of the Port is authorized to issue a permit for each transaction of 
handling, loading, discharging, or transporting designated dangerous 
cargo at such waterfront facility provided the following requirements 
are met:
    (a) The facility shall comply in all respect with the regulations in 
this subchapter.
    (b) The quantity of designated dangerous cargo, except Class 1 
(explosive) materials shipped by or for the Armed Forces of the United 
States, on the waterfront facility and vessels moored thereto shall not 
exceed the limits as to maximum quantity, isolation and remoteness 
established by local, municipal, territorial, or State authorities. Each 
permit issued under these conditions shall specify that the limits so 
established shall not be exceeded.
    (c) The quantity of designated dangerous cargo consisting of Class 1 
(explosive) materials shipped by or for the Armed Forces of the United 
States on the waterfront facility and vessels moored thereto shall not 
exceed the limits as to maximum quantity, isolation and remoteness as 
established by the Captain of the Port. Each permit issued under these 
conditions shall specify that the limits so established shall not be 
exceeded.

[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended by CGD 92-050, 59 FR 
39965, Aug. 5, 1994]



Sec. 126.21  Permitted transactions.

    All permits issued pursuant to Sec. 126.19 are hereby conditioned 
upon the observance and fulfillment of the following:
    (a) The conditions set forth in Sec. 126.15 shall at all times be 
strictly observed.
    (b) No amount of designated dangerous cargo, except Class 1 
(explosive) materials shipped by or for the Armed Forces of the United 
States, in excess of the maximum quantity established by local, 
municipal, territorial, or State authorities shall be present on the 
waterfront facility and vessels moored thereto.
    (c) Designated dangerous cargo shall not be brought onto the 
waterfront facility from shore except when laden within a railroad car 
or highway vehicle and shall remain in such railroad car or highway 
vehicle except when removed as an incident of its prompt transshipment. 
Designated dangerous cargo shall not be brought onto the waterfront 
facility from a vessel except as an incident of its prompt transshipment 
by railroad car or highway vehicle.
    (d) No other dangerous cargo shall be on the waterfront facility 
during the period of transactions involving designated dangerous cargo, 
unless its presence is authorized by the Captain of the Port. This shall 
not apply to maintenance stores and supplies on the waterfront facility 
in conformity with Sec. 126.15(g).

[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended by CGD 92-050, 59 FR 
39965, Aug. 5, 1994]



Sec. 126.23  Termination or suspension of permits.

    Any permit issued pursuant to Sec. 126.19 shall terminate 
automatically at the conclusion of the transaction for which the permit 
has been issued and may be terminated, or suspended, prior thereto by 
the Captain of the Port whenever he deems that the security or safety of

[[Page 22]]

the port or vessels or waterfront facilities therein so requires. 
Confirmation of such termination or suspension by the Captain of the 
Port shall be given to the permittee in writing.

[CGFR 51-37, 16 FR 8679, Aug. 28, 1951]



Sec. 126.25  Penalties for handling designated dangerous cargo without permit.

    Handling, loading, discharging, or transporting any designated 
dangerous cargo without a permit, as provided under Sec. 126.17, being 
in force, will subject persons responsible therefore to the civil or 
criminal penalties provided in Section 13 of the Ports and Waterways 
Safety Act, as amended (33 U.S.C. 1232).

[CGD 78-023, 44 FR 4643, Jan. 22, 1979]



Sec. 126.27  General permit for handling dangerous cargo.

    A general permit is hereby issued for the handling, storing, 
stowing, loading, discharging or transporting of dangerous cargo (other 
than designated dangerous cargo) in bulk, portable tanks, containers, or 
packagings, at designated waterfront facilities, conditioned upon the 
observance and fulfillment of the following:
    (a) The conditions set forth in Sec. 126.15 shall at all times be 
strictly observed.
    (b) The following classes of hazardous materials classified as 
dangerous for transportation by vessel as listed in the Hazardous 
Materials Regulations Table (49 CFR 172.101), in the amounts specified, 
shall not be handled, stored, stowed, loaded, discharged, or 
transported, except when contained within railroad or high vehicles 
being transported across or on waterfront facilities used primarily for 
the transfer of railroad or highway vehicles to or from a railroad car 
ferry or highway vehicle ferry, or carfloats, without prior notification 
to the Captain of the Port:
    (1) Division 1.3 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 1 net ton at any one time.
    (2) Division 1.4 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 10 net tons at any one time.
    (3) Flammable liquids, in excess of 10 net tons at any one time.
    (4) Flammable solids or oxidizers, in excess of 100 net tons at any 
one time.
    (5) Flammable gases, in excess of 10 net tons at any one time.
    (6) Poisons (Class A).
    (7) A bulk shipment of a cargo of particular hazard as defined in 
Sec. 126.10(d).
    (8) A bulk shipment of a cargo of particular hazard, as defined in 
Sec. 126.10(d).
    (c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50) 
or other dangerous cargoes prohibited from, or not permitted for, 
transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 may be 
present on the waterfront facility.
    (d) Flammable liquids and compressed gases shall be so handled and 
stored as to provide maximum separation from acids, corrosive liquids, 
or combustible materials. Storage for flammable solids or oxidizers 
shall be so arranged as to prevent moisture coming in contact therewith.
    (e) Acids and corrosive liquids shall be so handled and stored as to 
prevent such acids and liquids, in event of leakage, from contacting any 
organic materials.
    (f) Poisonous gases, poisonous liquids, and poisonous solids shall 
be so handled and stored as to prevent their contact with acids, 
corrosive liquids, flammable liquids or flammable solids.
    (g) Dangerous cargo which may be stored on the waterfront facility 
shall be arranged in such manner as to retard the spread of fire. This 
may be accomplished by interspersing dangerous cargo with inert or less 
combustible materials.
    (h) All dangerous cargo stored on the waterfront facility shall be 
packaged, marked, and labeled in accordance with 49 CFR parts 170-179.
    (i) Storage of all radioactive materials shall be so arranged as to 
preclude a gamma radiation in excess of 200 milliroentgens per hour or 
physical equivalent at any readily accessible surface.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended by CGD 75-238, 44 FR 
63676, Nov. 5, 1979; CGD 75-238, 45 FR 57394, Aug. 28, 1980; CGD 92-050, 
59 FR 39965, Aug. 5, 1994]

[[Page 23]]



Sec. 126.28  Ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate; general provisions.

    (a) When any item of ammonium nitrate, ammonium nitrate fertilizers, 
fertilizer mixtures, or nitro carbo nitrate, described and defined as an 
oxidizer by the regulations of 49 CFR part 173 is handled, stored, 
stowed, loaded, discharged or transported on a waterfront facility, the 
following provisions shall apply:
    (1) All outside containers shall be marked with the proper shipping 
name of the nitrate packed within the container.
    (2) The building on a waterfront facility used for storage of any of 
these materials shall be of such construction as to afford good 
ventilation.
    (3) Storage of any of these materials shall be at a safe distance 
from electric wiring, steam pipes, radiators or any heating mechanism.
    (4) These materials shall be separated by a fire resistant wall or 
by a distance of at least 30 feet from organic materials or other 
chemicals and substances which could cause contamination such as 
flammable liquids, combustible liquids, corrosive liquids, chlorates, 
permanganates, finely divided metals, caustic soda, charcoal, sulfur, 
cotton, coal, fats, fish oils or vegetable oils.
    (5) Storage of any of these materials shall be in a clean area upon 
clean wood dunnage, or on pallets over a clean floor. In the case of a 
concrete floor, storage may be made directly on the floor if it is first 
covered with a moisture barrier such as a polyethylene sheet or 
asphaltic laminated paper.
    (6) Any spilled material shall be promptly and thoroughly cleaned up 
and removed from the waterfront facility. If any spilled material has 
remained in contact with a wooden floor for any length of time the floor 
shall be scrubbed with water and all spilled material shall be 
thoroughly dissolved and flushed away.
    (7) An abundance of water for firefighting shall be readily 
available.
    (8) Open drains, traps, pits or pockets which could be filled with 
molten ammonium nitrate if a fire occurred (and thus become potential 
detonators for the storage piles) must be eliminated or plugged.

    Note: See 49 CFR 176.415 for permit requirements for nitro carbo 
nitrate and certain ammonium nitrates.

[CGD 78-023, 44 FR 4644, Jan. 22, 1979]



Sec. 126.29  Supervision and control of dangerous cargo.

    (a) Authority. The Captain of the Port is authorized to require that 
any transaction of handling, storing, stowing, loading, discharging, or 
transporting the dangerous cargo covered by this subchapter shall be 
undertaken and continued only under the immediate supervision and 
control of the Captain of the Port or his duly authorized 
representative. In case the Captain of the Port exercises such 
authority, all directions, instructions, and orders of the Captain of 
the Port or his representative, not inconsistent with this part, with 
respect to such handling, storing, stowing, loading, discharging, and 
transporting; with respect to the operation of the waterfront facility; 
with respect to vessels handling, stowing, loading, or discharging of 
dangerous cargo at anchorages when the operations are under the 
immediate control and supervision of the Captain of the Port or his duly 
authorized representative; with respect to the ingress and egress of 
persons, articles, and things and to their presence on the waterfront 
facilty or vessel; and with respect to vessels approaching, moored at, 
and departing from the waterfront facility, shall be promptly obeyed.
    (b) Reporting discharge of dangerous liquid commodities into the 
waters of the United States. To enhance the safety of the port and to 
protect vessels, their cargo, and waterfront facilities therein, the 
discharge into the navigable waters of the United States of petroleum 
products, petroleum byproducts or other dangerous liquid commodities 
which may create a hazard or toxic condition in the port area will be 
immediately reported to the Captain of the Port or District Commander by 
the owner or master of the vessel from which the discharge occurred, or 
the owner or operator of a waterfront facility from which the discharge 
occurred.

[CGFR 69-89, 34 FR 17478, Oct. 29, 1969]

[[Page 24]]



Sec. 126.31  Termination or suspension of general permit.

    The Captain of the Port is hereby authorized to terminate or to 
suspend the general permit granted by Sec. 126.27 in respect to any 
particular designated waterfront facility whenever he deems that the 
security or safety of the port or vessels or waterfront facilities 
therein so requires. Confirmation of such termination or suspension 
shall be given to the permittee in writing. After such termination, the 
general permit may be revived by the District Commander with respect to 
such particular waterfront facility upon a finding by him that the cause 
of termination no longer exists and is unlikely to recur. After such 
suspension, the general permit shall be revived by the Captain of the 
Port with respect to such particular waterfront facility when the cause 
of suspension no longer exists, and he shall so advise the permittee in 
writing.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951, as amended by CGFR 69-89, 34 FR 
17479, Oct. 29, 1969]



Sec. 126.33  Penalties for handling dangerous cargo without permit.

    Handling, storing, stowing, loading, discharging, or transporting 
any dangerous cargo covered by Sec. 126.27 under circumstances not 
covered by the general permit granted in Sec. 126.27 or when such 
general permit is not in force will subject persons responsible therefor 
to the civil or criminal penalties provided in Section 13 of the Ports 
and Waterways Safety Act, as amended (33 U.S.C. sec. 1232).

[CGD 78-023, 44 FR 4644, Jan. 22, 1979]



Sec. 126.35  Primary responsibility.

    Nothing contained in the rules, regulations, conditions, and 
designations in this part shall be construed as relieving the masters, 
owners, operators, and agents of vessels, docks, piers, wharves, or 
other waterfront facilities from their primary responsibility for the 
security of such vessels, docks, piers, wharves, or waterfront 
facilities.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]



Sec. 126.37  Separability.

    If any provision of the rules, regulations, conditions, or 
designations contained in this part or the application of such provision 
to any person, waterfront facility, or circumstances shall be held 
invalid, the validity of the remainder of the rules, regulations, 
conditions, or designations contained in this part and applicability of 
such provision to other persons, waterfront facilities, or 
circumstances, shall not be affected thereby.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]



PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS--Table of Contents




                           Subpart A--General

Sec.
127.001  Applicability.
127.003  Incorporation by reference.
127.005  Definitions.
127.007  Letter of intent.
127.009  Letter of recommendation.
127.011  Inspections of waterfront facilities.
127.013  Suspension of transfer operations.
127.015  Appeals.
127.017  Alternatives.
127.019  Operations Manual and Emergency Manual: Procedures for 
          examination.

     Subpart B--Waterfront Facilities Handling Liquefied Natural Gas

127.101  Design and construction: General.
127.103  Piers and wharves.
127.105  Layout and spacing of marine transfer area for LNG.
127.107  Electrical power systems.
127.109  Lighting systems.
127.111  Communications systems.
127.113  Warning signs.

                                Equipment

127.201  Sensing and alarm systems.
127.203  Portable gas detectors.
127.205  Emergency shutdown.
127.207  Warning alarms.

                               Operations

127.301  Persons in charge of shoreside transfer operations: 
          Qualifications and certification.
127.303  Compliance with suspension order.
127.305  Operations Manual.
127.307  Emergency Manual.
127.309  Operations Manual and Emergency Manual: Use.

[[Page 25]]

127.311  Motor vehicles.
127.313  Bulk storage.
127.315  Preliminary transfer inspection.
127.317  Declaration of inspection.
127.319  LNG transfer.
127.321  Release of LNG.

                               Maintenance

127.401  Maintenance: General.
127.403  Inspections.
127.405  Repairs.
127.407  Testing.
127.409  Records.

                           Personnel Training

127.501  Applicability.
127.503  Training: General.

                              Firefighting

127.601  Fire equipment: General.
127.603  Portable fire extinguishers.
127.605  Emergency outfits.
127.607  Fire main systems.
127.609  Dry chemical systems.
127.611  International shore connection.
127.613  Smoking.
127.615  Fires.
127.617  Hotwork.

                                Security

127.701  Security on existing facilities.
127.703  Access to the marine transfer area for LNG.
127.705  Security systems.
127.707  Security personnel.
127.709  Protective enclosures.
127.711  Communications.

    Subpart C--Waterfront Facilities Handling Liquefied Hazardous Gas

                         Design and Construction

127.1101  Piping systems.
127.1102  Transfer hoses and loading arms.
127.1103  Piers and wharves.
127.1105  Layout and spacing of marine transfer area for LHG.
127.1107  Electrical systems.
127.1109  Lighting systems.
127.1111  Communication systems.
127.1113  Warning signs.

                                Equipment

127.1203  Gas detection.
127.1205  Emergency shutdown.
127.1207  Warning alarms.
127.1209  Respiratory protection.

                               Operations

127.1301  Persons in charge of transfers for the facility: 
          Qualifications and certification.
127.1302  Training.
127.1303  Compliance with suspension order.
127.1305  Operations Manual.
127.1307  Emergency Manual.
127.1309  Operations Manual and Emergency Manual: Use.
127.1311  Motor vehicles.
127.1313  Storage of hazardous materials.
127.1315  Preliminary transfer inspection.
127.1317  Declaration of Inspection.
127.1319  Transfer of LHG.
127.1321  Release of LHG.
127.1325  Access to marine transfer area for LHG.

                               Maintenance

127.1401  General.
127.1403  Inspections.
127.1405  Repairs.
127.1407  Tests.
127.1409  Records.

                         Firefighting Equipment

127.1501  General.
127.1503  Portable fire extinguishers.
127.1505  Emergency response and rescue.
127.1507  Water systems for fire protection.
127.1509  Equipment for controlling and extinguishing fires.
127.1511  International shore connection.

                             Fire Protection

127.1601  Smoking.
127.1603  Hotwork.
127.1605  Other sources of ignition.

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    Source: CGD 78-038, 53 FR 3376, Feb. 7, 1988, unless otherwise 
noted.



                           Subpart A--General



Sec. 127.001  Applicability.

    (a) Subparts A and B of this part apply to the marine transfer area 
for LNG of each new waterfront facility handling LNG and to new 
construction in the marine transfer area for LNG of each existing 
waterfront facility handling LNG.
    (b) Subpart A of this part and Secs. 127.301 through 127.617 apply 
to the marine transfer area for LNG of each active existing waterfront 
facility handling LNG.
    (c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701 of 
subparts A and B of this part apply to the marine transfer area for LNG 
of each inactive existing facility.
    (d) Subparts A and C of this part apply to the marine transfer area 
for LHG of each active waterfront facility handling LHG.
    (e) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.1325(c) 
of subparts A 

[[Page 26]]

and C of this part apply to the marine transfer area for LHG of each 
inactive facility.

[CGD 88-049, 60 FR 39794, Aug. 3, 1995]



Sec. 127.003  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and make the 
material available to the public. All approved material is on file at 
the Office of the Federal Register, Room 700, 800 North Capitol Street 
NW., Washington, DC 20408, and at the U.S. Coast Guard, (G-MOC), Room 
1108, 2100 Second Street SW., Washington, DC 20593-0001, and is 
available from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, and 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 Addenda and Errata..................        127.1102
    ANSI S12.13, Part I, Performance Requirements,                      
     Combustible Gas Detectors, 1986....................        127.1203
                                                                        
                   American Petroleum Institute (API)                   
                                                                        
1220 L Street NW., Washington, DC 20005:                                
    API RP 2003, Protection Against Ignitions Arising                   
     Out of Static, Lightning and Stray Currents, 1991..        127.1101
                                                                        
             American Society of Mechanical Engineers (ASME)            
                                                                        
345 East 47th Street, New York, NY 10017:                               
    ASME B31.3, Chemical Plant and Petroleum Refinery                   
     Piping, 1993.......................................        127.1101
                                                                        
            American Society for Testing and Materials (ASTM)           
                                                                        
1916 Race Street, Philadelphia, PA 19103:                               
ASTM F-1121, International Shore Connections for Marine                 
 Applications, 1987 (reapproved 1993)                           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
                                                                        


[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]



Sec. 127.005   Definitions.

    As used in this part:
    Active means accomplishing the transfer of LHG or LNG, or scheduling 
one to occur, within 12 months of the current date.
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a Captain of the Port Zone as described in 
Part 3 of this chapter, or an authorized representative.

[[Page 27]]

    Commandant means the Commandant of the U.S. Coast Guard or an 
authorized representative.
    Control room means a space within the LNG waterfront facility from 
which facility operations are controlled.
    District Commander means the Coast Guard officer designated by the 
Commandant to command a Coast Guard District as described in Part 3 of 
this chapter, or an authorized representative.
    Environmentally sensitive areas include public parks and recreation 
areas, wildlife and waterfowl refuges, fishing grounds, wetlands, other 
areas deemed to be of high value to fish and wildlife resources, 
historic sites, and other protected areas.
    Existing as applied to a waterfront facility means a facility 
handling LNG constructed or being constructed under a contract awarded 
before June 2, 1988, or a facility handling LHG constructed or being 
constructed under a contract awarded before January 30, 1996.
    Facility means either a waterfront facility handling LHG or a 
waterfront facility handling LNG.
    Fire endurance rating means the duration for which an assembly or 
structural unit will contain a fire or retain structural integrity when 
exposed to the temperatures specified in the standard time-temperature 
curve in NFPA 251.
    Flammable product means a product indicated by the letter ``F'' or 
by the letters ``F + T'' in Table 127.005.
    Inactive means not active.
    Impounding space means a space formed by dikes and floors that 
confines a spill of LHG or LNG.
    LHG means liquefied hazardous gas.
    LHG vessel means a vessel constructed or converted to carry LHG, in 
bulk.
    Liquefied hazardous gas (LHG) means a liquid containing one or more 
of the products listed in Table 127.005.
    Liquefied natural gas (LNG) means a liquid or semisolid consisting 
mostly of methane and small quantities of ethane, propane, nitrogen, or 
other natural gases.
    Liquefied petroleum gas (LPG) means a liquid consisting mostly of 
propane or butane or both.
    LNG means liquefied natural gas.
    LNG vessel means a vessel constructed or converted to carry LNG, in 
bulk.
    Loading flange means the connection or group of connections in the 
cargo transfer pipeline on the facility that connects the facility 
pipeline to the vessel pipeline.
    Marine transfer area for LHG means that part of a waterfront 
facility handling LHG between the vessel, or where the vessel moors, and 
the first shutoff valve on the pipeline immediately inland of the 
terminal manifold or loading arm, including the entire part of a pier or 
wharf used to serve LHG vessels.
    Marine transfer area for LNG means that part of a waterfront 
facility handling LNG between the vessel, or where the vessel moors, and 
the last manifold or valve immediately before the receiving tanks.
    Mating flange means that flange in the product-transfer pipeline on 
a waterfront facility handling LHG or a waterfront facility handling LNG 
that connects this pipeline to the pipeline or transfer hose of the 
vessel.
    MAWP means maximum allowable working pressure.
    Maximum allowable working pressure (MAWP) means the maximum gauge 
pressure permissible at the top of equipment, containers, or pressure 
vessels while operating at design temperature.
    New as applied to a waterfront facility means a facility handling 
LNG constructed or being constructed under a contract awarded on or 
after June 2, 1988, or a facility handling LHG constructed or being 
constructed under a contract awarded on or after January 30, 1996.
    Person in charge of transfer operations on the vessel is the person 
designated the person in charge of cargo transfer under 46 CFR 154.1831.
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment, except a minor release of

[[Page 28]]

LHG or its vapor, that may occur during the routine handling of LHG. No 
release is minor if it creates an atmosphere that exceeds the Lower 
Flammable Limit (LFL) for a flammable product or any Permissible 
Exposure Limit (PEL) listed in 29 CFR 1910.1000, Table Z-1 or Z-2, for a 
toxic product.
    Substructure means the deck of a pier or wharf and the structural 
components below that deck.
    Toxic product means a product indicated by the letter ``T'' or by 
the letters ``F+T'' in Table 127.005.
    Waterfront facility handling LHG means any structure on, in, or 
under the navigable waters of the United States, or any structure on 
land or any area on shore immediately adjacent to such waters, used or 
capable of being used to transfer liquefied hazardous gas, in bulk, to 
or from a vessel.
    Waterfront facility handling LNG means any structure on, in, or 
under the navigable waters of the United States, or any structure on 
land or any area on shore immediately adjacent to such waters, used or 
capable of being used to transfer liquefied natural gas, in bulk, to or 
from a vessel.


               Table 127.005--List of Products and Hazards              
------------------------------------------------------------------------
                  Product                               Hazard          
------------------------------------------------------------------------
Acetaldehyde...............................  F+T                        
Ammonia, anhydrous.........................  T                          
Butadiene..................................  F                          
Butanes....................................  F                          
Butane and propane (mixtures)..............  F                          
Butylenes..................................  F                          
Chlorine...................................  T                          
Dimethylamine..............................  F+T                        
Ethane.....................................  F                          
Ethyl chloride.............................  F+T                        
Ethylene...................................  F                          
Ethylene oxide.............................  F+T                        
Methyl-acetylene and propadiene (mixtures).  F                          
Methyl bromide.............................  F+T                        
Methyl chloride............................  F+T                        
Propane....................................  F                          
Propylene..................................  F                          
Sulphur dioxide............................  T                          
Vinyl chloride.............................  F+T                        
------------------------------------------------------------------------
Note: ``F'' indicates a flammable product. ``T'' indicates a toxic      
  product. ``F&T'' indicates a product both flammable and toxic.        

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995; CGD 97-023, 62 FR 33363, June 19, 1997]



Sec. 127.007  Letter of intent.

    (a) An owner who intends to build a new facility or the owner or 
operator who plans new construction on an existing facility, must submit 
a letter of intent that meets paragraph (d) of this section to the COTP 
of the zone in which the facility is or will be located, at least 60 
days before construction begins.
    (b) The owner or operator of an active existing facility shall 
submit a letter of intent that meets paragraph (d) of this section to 
the COTP of the zone in which the facility is located.
    (c) An owner or operator of an inactive existing facility shall 
submit a letter of intent that meets paragraph (d) of this section to 
the COTP of the zone in which the facility is located, at least 60 days 
before transferring LHG or LNG.
    (d) Each letter of intent must contain--
    (1) The name, address, and telephone number of the owner and 
operator;
    (2) The name, address, and telephone number of the facility;
    (3) The physical location of the facility;
    (4) A description of the facility;
    (5) The LHG or LNG vessels' characteristics and the frequency of LHG 
or LNG shipments to or from the facility; and
    (6) Charts showing waterway channels and identifying commercial, 
industrial, environmentally sensitive, and residential areas in and 
adjacent to the waterway used by the LHG or LNG vessels en route to the 
facility, within 25 kilometers (15.5 miles) of the facility.
    (e) The owner or operator who submits a letter of intent under 
paragraph (a), (b), or (c), shall notify the COTP in writing within 15 
days if--
    (1) There is any change in the information submitted under 
paragraphs (d)(1) through (d)(5) of this section; or
    (2) No LHG or LNG transfer operations are scheduled within the next 
12 months.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]

[[Page 29]]



Sec. 127.009  Letter of recommendation.

    After the COTP receives the letter of intent under Sec. 127.007 (a) 
or (c), the COTP issues a letter of recommendation to the owner or 
operator of the facility and to the state and local government agencies 
having jurisdiction, as to the suitability of the waterway for LHG or 
LNG marine traffic, based on the--
    (a) Information submitted under Secs. 127.007 (d)(3) through (d)(6);
    (b) Density and character of marine traffic in the waterway;
    (c) Locks, bridges, or other man-made obstructions in the waterway; 
and
    (d) Following factors adjacent to the facility:
    (1) Depths of the water.
    (2) Tidal range.
    (3) Protection from high seas.
    (4) Natural hazards, including reefs, rocks, and sandbars.
    (5) Underwater pipelines and cables.
    (6) Distance of berthed vessel from the channel and the width of the 
channel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]

    Note: The Coast Guard is authorized by law to establish water or 
waterfront safety zones, or other measures for limited, controlled, or 
conditional access and activity, when necessary for the protection of 
any vessel, structure, waters, or shore area.



Sec. 127.011  Inspections of Waterfront Facilities.

    The operator shall ensure that the COTP or his representative is 
allowed to make reasonable examinations and inspections to determine 
whether the facility meets this part.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.013  Suspension of transfer operations.

    (a) The COTP may issue an order to the operator to suspend LHG or 
LNG transfer operations if the COTP finds any condition requiring 
immediate action to--
    (1) Prevent damage to, or the destruction of, any bridge or other 
structure on or in the navigable waters of the United States, or any 
land structure or shore area immediately adjacent to such waters; and
    (2) Protect the navigable waters and the resources therein from harm 
resulting from vessel or structure damage, destruction, or loss.
    (b) Each order to suspend transfer operations issued under paragraph 
(a) of this section--
    (1) Is effective immediately;
    (2) Contains a statement of each condition requiring immediate 
action; and
    (3) Is withdrawn by the COTP whenever each condition is corrected or 
no longer exists.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.015  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard officer responsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, any 
person not satisfied with a ruling made under the procedure contained in 
paragraph (a) of this section may--
    (1) Appeal that ruling in writing to the District Commander of the 
district in which the action was taken; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing the 
appeal submitted under paragraph (b) of this section. Except as provided 
under paragraph (e) of this section, any person not satisfied with this 
ruling may--
    (1) Appeal that ruling in writing to the Assistant Commandant for 
Marine Safety and Environmental Protection, U.S. Coast Guard, 
Washington, DC 20593-0001; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (d) The Assistant Commandant for Marine Safety and Environmental 
Protection issues a ruling after reviewing the appeal submitted under 
paragraph (c) of this section, which is final agency action.
    (e) If the delay in presenting a written appeal has an adverse 
impact on

[[Page 30]]

the operations of the appellant, the appeal under paragraph (b) or (c) 
of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997]



Sec. 127.017   Alternatives.

    (a) The COTP may allow alternative procedures, methods, or equipment 
standards to be used by an operator instead of any requirements in this 
part if--
    (1) The operator submits a written request for the alternative at 
least 30 days before facility operations under the alternative would 
begin, unless the COTP authorizes a shorter time; and
    (2) The alternative provides at least the same degree of safety 
provided by the regulations in this part.
    (b) The COTP approves or disapproves any alternative requested under 
paragraph (a) of this section--
    (1) In writing; or
    (2) Orally, with subsequent written confirmation.



Sec. 127.019   Operations Manual and Emergency Manual: Procedures for examination.

    (a) The owner or operator of an active existing facility shall 
submit two copies of the Operations Manual and of the Emergency Manual 
to the Captain of the Port of the zone in which the facility is located.
    (b) At least 30 days before transferring LHG or LNG, the owner or 
operator of a new or an inactive existing facility shall submit two 
copies of the Operations Manual and of the Emergency Manual to the 
Captain of the Port of the zone in which the facility is located, unless 
the manuals have been examined and there have been no changes since that 
examination.
    (c) If the COTP finds that the Operations Manual meets Sec. 127.305 
or Sec. 127.1305 and that the Emergency Manual meets Sec. 127.307 or 
Sec. 127.1307, the Captain of the Port returns a copy to the owner or 
operator marked ``Examined by the Coast Guard''.
    (d) If the COTP finds that the Operations Manual or the Emergency 
Manual does not meet this part, the Captain of the Port returns the 
manual with an explanation of why it does not meet this part.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



     Subpart B--Waterfront Facilities Handling Liquefied Natural Gas



Sec. 127.101   Design and construction: General.

    The marine transfer area for LNG must meet the following criteria in 
NFPA 59A:
    (a) Chapter 2, Sections 2-1.2 and 2-3.
    (b) Chapter 4, Section 4-1.3.
    (c) Chapter 6.
    (d) Chapter 7, Sections 7-6 and 7-7.
    (e) Chapter 8, except Sections 8-3, 8-5 and 8-7.2.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.103   Piers and wharves.

    (a) If the waterfront facility handling LNG is in a region subject 
to earthquakes, the piers and wharves must be designed to resist 
earthquake forces.
    (b) Substructures, except moorings and breasting dolphins, that 
support or are within 5 meters (16.4 feet) of any pipe or equipment 
containing LNG, or are within 15 meters (49.2 feet) of a loading flange, 
must--
    (1) Be made of concrete or steel; and
    (2) Have a fire endurance rating of not less than two hours.
    (c) LNG or LPG storage tanks must have the minimum volume necessary 
for--
    (1) Surge protection;
    (2) Pump suction supply; or
    (3) Other process needs.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

[[Page 31]]



Sec. 127.105  Layout and spacing of marine transfer area for LNG.

    (a) LNG impounding spaces must be located so that the heat flux from 
a fire over the impounding spaces does not cause structural damage to an 
LNG vessel moored or berthed at the waterfront facility handling LNG.
    (b) Each LNG loading flange must be located at least 300 meters 
(984.3 feet) from the following which are primarily intended for the use 
of the general public or railways:
    (1) Each bridge crossing a navigable waterway.
    (2) Each entrance to any tunnel under a navigable waterway.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.107   Electrical power systems.

    (a) The electrical power system must have a power source and a 
separate emergency power source, so that failure of one source does not 
affect the capability of the other source. The system must meet the 
National Electrical Code, NFPA 70.
    (b) The emergency power source must provide enough power for the 
operation of the--
    (1) Emergency shutdown system;
    (2) Communications equipment;
    (3) Firefighting equipment; and
    (4) Emergency lighting.
    (c) If an auxiliary generator is used as an emergency power source, 
it must meet Section 700-12 of NFPA 70.



Sec. 127.109  Lighting systems.

    (a) The marine transfer area for LNG must have a lighting system and 
separate emergency lighting.
    (b) All outdoor lighting must be located or shielded so that it is 
not confused with any aids to navigation and does not interfere with 
navigation on the adjacent waterways.
    (c) The lighting system must provide an average illumination on a 
horizontal plane one meter (3.3 feet) above the deck that is--
    (1) 54 lux (five foot-candles) at any loading flange; and
    (2) 11 lux (one foot-candle) at each work area.
    (d) The emergency lighting must provide lighting for the operation 
of the--
    (1) Emergency shutdown system;
    (2) Communications equipment; and
    (3) Firefighting equipment.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.111  Communications systems.

    (a) The marine transfer area for LNG must have a ship-to-shore 
communication system and a separate emergency ship-to-shore 
communication system.
    (b) Each ship-to-shore communication system must be a dedicated 
system that allows voice communication between the person in charge of 
transfer operations on the vessel, the person in charge of shoreside 
transfer operations, and personnel in the control room.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.113  Warning signs.

    (a) The marine transfer area for LNG must have warning signs that--
    (1) Meet paragraph (b) of this section;
    (2) Can be seen from the shore and the water; and
    (3) Have the following text:

Warning
Dangerous Cargo
No Visitors
No Smoking
No Open Lights

    (b) Each letter in the words on the sign must be--
    (1) Block style;
    (2) Black on a white background; and
    (3) 7.6 centimeters (3 inches) high.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                                Equipment



Sec. 127.201  Sensing and alarm systems.

    (a) Fixed sensors must have audio and visual alarms in the control 
room and audio alarms nearby.
    (b) Fixed sensors that continuously monitor for LNG vapors must--
    (1) Be in each enclosed area where vapor or gas may accumulate; and
    (2) Meet Section 9-4 of NFPA 59A.

[[Page 32]]

    (c) Fixed sensors that continuously monitor for flame, heat, or 
products of combustion must--
    (1) Be in each enclosed or covered Class I, Division 1, hazardous 
location defined in Section 500-5(a) of NFPA 70 and each area in which 
flammable or combustible material is stored; and
    (2) Meet Section 9-4 of NFPA 59A.



Sec. 127.203  Portable gas detectors.

    The marine transfer area for LNG must have at least two portable gas 
detectors capable of measuring 0-100% of the lower flammable limit of 
methane.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.205  Emergency shutdown.

    Each transfer system must have an emergency shutdown system that--
    (a) Can be activated manually; and
    (b) Is activated automatically when the fixed sensors under 
Sec. 127.201(b) measure LNG concentrations exceeding 40% of the lower 
flammable limit.



Sec. 127.207  Warning alarms.

    (a) The marine transfer area for LNG must have a rotating or 
flashing amber light with a minimum effective flash intensity, in the 
horizontal plane, of 5000 candelas. At least 50% of the required 
effective flash intensity must be maintained in all directions from 1.0 
degree above to 1.0 degree below the horizontal plane.
    (b) The marine transfer area for LNG must have a siren with a 
minimum \1/3\-octave band sound pressure level at l meter of 125 
decibels referenced to 0.0002 microbars. The siren must be located so 
that the sound signal produced is audible over 360 degrees in a 
horizontal plane.
    (c) Each light and siren must be located so that the warning alarm 
is not obstructed for a distance of 1.6 km (1 mile) in all directions.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Operations



Sec. 127.301  Persons in charge of shoreside transfer operations: Qualifications and certification.

    (a) No person may serve, and the operator of the waterfront facility 
handling LNG may not use the services of any person, as a person in 
charge of shoreside transfer operations, unless that person--
    (1) Has at least 48 hours of LNG transfer experience;
    (2) Knows the hazards of LNG;
    (3) Knows the rules of this subpart; and
    (4) Knows the procedures in the examined Operations Manual and the 
examined Emergency Manual.
    (b) Before a person in charge of shoreside transfer operations 
supervises a transfer, the operator shall certify in writing that the 
criteria in paragraph (a) of this section are met. The operator shall 
maintain a copy of each current certification available for inspection 
at the waterfront facility handling LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.303  Compliance with suspension order.

    If an order to suspend is given to the operator or owner of the 
waterfront facility handling LNG, no LNG transfer operations may be 
conducted at the facility until the order is withdrawn by the COTP.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.305  Operations Manual.

    Each Operations Manual must contain--
    (a) A description of the transfer system including mooring areas, 
transfer connections, control rooms, and diagrams of the piping and 
electrical systems;
    (b) The duties of each person assigned for transfer operations;

[[Page 33]]

    (c) The maximum relief valve setting or maximum allowable working 
pressure of the transfer system;
    (d) The facility telephone numbers of facility supervisors, persons 
in charge of shoreside transfer operations, personnel on watch in the 
marine transfer area for LNG, and security personnel;
    (e) A description of the security systems for the marine transfer 
area for LNG;
    (f) The procedures for--
    (1) Transfer operations including gauging, cool down, pumping, 
venting, and shutdown;
    (2) Transfer operations start-up and shutdown;
    (3) Security violations; and
    (4) The communications systems; and
    (g) A description of the training programs established under 
Sec. 127.503.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.307  Emergency Manual.

    Each Emergency Manual must contain--
    (a) LNG release response procedures, including contacting local 
response organizations;
    (b) Emergency shutdown procedures;
    (c) A description of the fire equipment and systems and their 
operating procedures;
    (d) A description of the emergency lighting and emergency power 
systems;
    (e) The telephone numbers of local Coast Guard units, hospitals, 
fire departments, police departments, and other emergency response 
organizations;
    (f) If the waterfront facility handling LNG has personnel shelters, 
the location of and provisions in each shelter;
    (g) First aid procedures and if there are first aid stations, the 
locations of each station; and
    (h) Emergency procedures for mooring and unmooring a vessel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.309  Operations Manual and Emergency Manual: Use.

    The operator shall ensure that--
    (a) LNG transfer operations are not conducted unless the waterfront 
facility handling LNG has an examined Operations Manual and examined 
Emergency Manual;
    (b) Each transfer operation is conducted in accordance with the 
examined Operations Manual; and
    (c) Each emergency response is in accordance with the examined 
Emergency Manual.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.311  Motor vehicles.

    (a) The operator shall designate and mark parking spaces that--
    (1) Do not block fire lanes;
    (2) Do not impede any exits;
    (3) Are not located in any impounding space; and
    (4) Are not within 15 meters (49.2 feet) of any storage tank or 
loading flange.
    (b) During transfer operations, no person may--
    (1) Stop or park a motor vehicle in a space that is not designated a 
parking space; or
    (2) Refuel any motor vehicle.



Sec. 127.313  Bulk storage.

    (a) The operator shall ensure that only the following flammable 
materials are stored in the marine transfer area for LNG:
    (1) LNG.
    (2) LPG.
    (3) Vessel fuel.
    (4) Oily waste from vessels.
    (5) Solvents, lubricants, paints, and other fuels in the amount used 
for one day's operations and maintenance.
    (b) Flammable liquids must be stored in accordance with Chapter 4 of 
NFPA 30.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.315  Preliminary transfer inspection.

    Before transferring LNG, the person in charge of shoreside transfer 
operations shall--
    (a) Inspect the transfer piping and equipment to be used during the 
transfer and replace any worn or inoperable parts;

[[Page 34]]

    (b) For each of the vessel's cargo tanks from which cargo will be 
transferred, note the pressure, temperature, and volume to ensure they 
are safe for transfer;
    (c) Review and agree with the person in charge of cargo transfer on 
the vessel to--
    (1) The sequence of transfer operations;
    (2) The transfer rate;
    (3) The duties, location, and watches of each person assigned for 
transfer operations; and
    (4) Emergency procedures from the examined Emergency Manual;
    (d) Ensure that transfer connections allow the vessel to move to the 
limits of its moorings without placing strain on the loading arm or 
transfer piping system;
    (e) Ensure that each part of the transfer system is aligned to allow 
the flow of LNG to the desired location;
    (f) Ensure that warning signs that warn that LNG is being 
transferred, are displayed;
    (g) Eliminate all ignition sources in the marine transfer area for 
LNG;
    (h) Ensure that personnel are on duty in accordance with the 
examined Operations Manual; and
    (i) Test the following to determine that they are operable:
    (1) The sensing and alarm systems.
    (2) The emergency shutdown system.
    (3) The communication systems.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.317  Declaration of inspection.

    (a) After the preliminary transfer inspection under Sec. 127.315 has 
been satisfactorily completed, the person in charge of shoreside 
transfer operations shall ensure that no person transfers LNG until a 
Declaration of Inspection that meets paragraph (c) of this section is 
executed and signed in duplicate.
    (b) The person in charge of shoreside transfer operations shall give 
one signed copy of the Declaration of Inspection to the person in charge 
of transfer operations on the vessel, and shall retain one signed copy 
at the waterfront facility handling LNG for 30 days after completion of 
the transfer.
    (c) Each Declaration of Inspection must contain--
    (1) The name of the vessel and the waterfront facility handling LNG;
    (2) The date and time that transfer operations begin;
    (3) A list of the requirements in Sec. 127.315 with the initials of 
the person in charge of shoreside transfer operations after each 
requirement, indicating that the requirement is met;
    (4) The signature of the person in charge of shoreside transfer 
operations and the date and time of signing, indicating that he or she 
is ready to begin transfer operations; and
    (5) The signature of each relief person in charge and the date and 
time of each relief.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.319  LNG transfer.

    During LNG transfer operations, the following must be met:
    (a) The operator of the waterfront facility handling LNG shall 
ensure that--
    (1) The marine transfer area for LNG is under the supervision of a 
person in charge, who has no other assigned duties during the transfer 
operation;
    (2) Personnel transferring fuel or oily waste are not involved in 
LNG transfer; and
    (3) No vessels are moored outboard of any LNG vessel without the 
permission of the COTP.
    (b) The person in charge of shoreside transfer operations shall--
    (1) Be in continuous communication with the person in charge of 
transfer operations on the vessel;
    (2) Ensure that an inspection of the transfer piping and equipment 
for leaks, frost, defects, and other symptoms of safety and operational 
problems is conducted at least once every transfer;
    (3) Ensure that transfer operations are discontinued--
    (i) Before electrical storms or uncontrolled fires are adjacent to 
the marine transfer area for LNG; and
    (ii) As soon as a fire is detected; and
    (4) Ensure that the lighting systems are turned on between sunset 
and sunrise.


[[Page 35]]


    Note: Vessel transfer requirements are published in 46 CFR Part 154.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.321   Release of LNG.

    (a) The operator of the waterfront facility handling LNG shall 
ensure that--
    (1) No person releases LNG into the navigable waters of the United 
States; and
    (2) If there is a release of LNG, vessels near the facility are 
notified of the release by the activation of the warning alarm.
    (b) If there is a release of LNG, the person in charge of shoreside 
transfer operations shall--
    (1) Immediately notify the person in charge of cargo transfer on the 
vessel of the intent to shutdown;
    (2) Shutdown transfer operations;
    (3) Notify the COTP of the release; and
    (4) Not resume transfer operations until authorized by the COTP.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Maintenance



Sec. 127.401   Maintenance: General.

    The operator of the waterfront facility handling LNG shall ensure 
that the equipment required under this part is maintained in a safe 
condition so that it does not cause a release or ignition of LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.403   Inspections.

    The operator shall conduct a visual inspection for defects of each 
pressure-relief device not capable of being tested, at least once each 
calendar year, with intervals between inspections not exceeding 15 
months, and make all repairs in accordance with Sec. 127.405.



Sec. 127.405   Repairs.

    The operator shall ensure that--
    (a) Equipment repairs are made so that--
    (1) The equipment continues to meet the applicable requirements in 
this subpart and in NFPA 59A; and
    (2) Safety is not compromised; and
    (b) Welding is done in accordance with NFPA 51B and NFPA 59A, 
Chapter 6, Section 6-3.4.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.407   Testing.

    (a) The operator shall pressure test under paragraph (b) of this 
section the transfer system, including piping, hoses, and loading arms, 
and verify the set pressure of the safety and relief valves--
    (1) After the system or the valves are altered;
    (2) After the system or the valves are repaired;
    (3) After any increase in the MAWP; or
    (4) For those components that are not continuously kept at cryogenic 
temperature, at least once each calendar year, with intervals between 
testing not exceeding 15 months.
    (b) The pressure for the transfer system test under paragraph (a) of 
this section must be at 1.1 times the MAWP and be held for a minimum of 
30 minutes.



Sec. 127.409   Records.

    (a) The operator shall keep on file the following information:
    (1) A description of the components tested under Sec. 127.407.
    (2) The date and results of the test under Sec. 127.407.
    (3) A description of any corrective action taken after the test.
    (b) The information required by this section must be retained for 24 
months.

                           Personnel Training



Sec. 127.501   Applicability.

    The training required by this subpart must be completed before LNG 
is transferred.



Sec. 127.503   Training: General.

    The operator shall ensure that each of the following is met:
    (a) All full-time employees have training in the following subjects:

[[Page 36]]

    (1) Basic LNG firefighting procedures.
    (2) LNG properties and hazards.
    (b) In addition to the training under paragraph (a) of this section, 
each person assigned for transfer operations has training in the 
following subjects:
    (1) The examined Operations Manual and examined Emergency Manual.
    (2) Advanced LNG firefighting procedures.
    (3) Security violations.
    (4) LNG vessel design and cargo transfer operations.
    (5) LNG release response procedures.
    (6) First aid procedures for--
    (i) Frostbite;
    (ii) Burns;
    (iii) Cardio-pulminary resuscitation; and
    (iv) Transporting injured personnel.
    (c) The personnel who received training under paragraphs (a) and (b) 
of this section receive refresher training in the same subjects at least 
once every five years.

                              Firefighting



Sec. 127.601  Fire equipment: General.

    (a) Fire equipment and systems provided in addition to the 
requirements in this subpart must meet the requirements of this subpart.
    (b) The following must be red or some other conspicuous color and be 
in locations that are readily accessible:
    (1) Hydrants and standpipes.
    (2) Hose stations.
    (3) Portable fire extinguishers.
    (4) Fire monitors.
    (c) Fire equipment, if applicable, must bear the approval of 
Underwriters Laboratories, Inc., the Factory Mutual Research Corp., or 
the Coast Guard.



Sec. 127.603  Portable fire extinguishers.

    Each marine transfer area for LNG must have--
    (a) Portable fire extinguishers that meet 9-6.1 of NFPA 59A and 
Chapter 3 of NFPA 10; and
    (b) At least one portable fire extinguisher in each designated 
parking area.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.605  Emergency outfits.

    (a) There must be an emergency outfit for each person whose duties 
include fighting fires, but there must be at least two emergency 
outfits. Each emergency outfit must include--
    (1) One explosion-proof flashlight;
    (2) Boots and gloves of rubber or other electrically nonconducting 
material;
    (3) A rigid helmet that protects the head against impact;
    (4) Water resistant clothing that also protects the body against 
fire; and
    (5) U.S. Bureau of Mines approved self-contained breathing 
apparatus.
    (b) Emergency outfits under paragraph (a) of this section must be in 
locations that are readily accessible and marked for easy recognition.



Sec. 127.607  Fire main systems.

    (a) Each marine transfer area for LNG must have a fire main system 
that provides at least two water streams to each part of the LNG 
transfer piping and connections, one of which must be from a single 
length of hose or from a fire monitor.
    (b) The fire main must have at least one isolation valve at each 
branch connection and at least one isolation valve downstream of each 
branch connection to isolate damaged sections.
    (c) The fire main system must have the capacity to supply--
    (1) Simultaneously all fire hydrants, standpipes, and fire monitors 
in the system; and
    (2) At a Pitot tube pressure of 618 kilonewtons per square meter (75 
p.s.i.), the two outlets having the greatest pressure drop between the 
source of water and the hose or monitor nozzle, when only those two 
outlets are open.
    (d) If the source of water for the fire main system is capable of 
supplying a pressure greater than the system's design working pressure, 
the system must have at least one pressure relief device.
    (e) Each fire hydrant or standpipe must have at least one length of 
hose of sufficient length to meet paragraph (a) of this section.
    (f) Each length of hose must--

[[Page 37]]

    (1) Be 1\1/2\ inches or more in diameter and 30.5 meters (100 feet) 
or less in length;
    (2) Be on a hose rack or reel;
    (3) Be connected to the hydrant or standpipe at all times; and
    (4) Have a Coast Guard approved combination solid stream and water 
spray fire hose nozzle.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.609  Dry chemical systems.

    (a) Each marine transfer area for LNG must have a dry chemical 
system that provides at least two dry chemical discharges to the area 
surrounding the loading arms, one of which must be--
    (1) From a monitor; and
    (2) Actuated and, except for pre-aimed monitors, controlled from a 
location other than the monitor location.
    (b) The dry chemical system must have the capacity to supply 
simultaneously or sequentially each hose or monitor in the system for 45 
seconds.
    (c) Each dry chemical hose station must have at least one length of 
hose that--
    (1) Is on a hose rack or reel; and
    (2) Has a nozzle with a valve that starts and stops the flow of dry 
chemical.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.611  International shore connection.

    The marine transfer area for LNG must have an international shore 
connection that is in accordance with ASTM F-1121, a 2\1/2\ inch fire 
hydrant, and 2\1/2\ inch fire hose of sufficient length to connect the 
fire hydrant to the international shore connection on the vessel.
[CGD 88-032, 56 FR 35819, July 29, 1991, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.613  Smoking.

    In the marine transfer area for LNG, the operator shall ensure that 
no person smokes when there is LNG present.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.615  Fires.

    In the marine transfer area for LNG, the operator shall ensure that 
there are no fires when there is LNG present.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.617  Hotwork.

    The operator shall ensure that no person conducts welding, torch 
cutting, or other hotwork unless that person has a permit from the COTP.

                                Security



Sec. 127.701  Security on existing facilities.

    The operator shall ensure that any security procedure and 
arrangement on existing facilities, that were in use when LNG transfer 
operations were last conducted, be continued and maintained, or 
upgraded, whenever LNG transfer operations are conducted.



Sec. 127.703  Access to the marine transfer area for LNG.

    The operator shall ensure that--
    (a) Access to the marine transfer area for LNG from the shoreside 
and the waterside is limited to--
    (1) Personnel who work at the waterfront facility handling LNG 
including persons assigned for transfer operations, vessel personnel, 
and delivery and service personnel in the course of their business;
    (2) Coast Guard personnel; and
    (3) Other persons authorized by the operator; and
    (b) No person is allowed into the marine transfer area for LNG 
unless that person is identified by a waterfront facility handling LNG-
issued identification card or other identification card displaying his 
or her photograph, or is

[[Page 38]]

an escorted visitor displaying an identifying badge.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.705  Security systems.

    The operator shall ensure that security patrols of the marine 
transfer area for LNG are conducted once every hour, or that a manned 
television monitoring system is used, to detect--
    (a) Unauthorized personnel;
    (b) Fires; and
    (c) LNG releases.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.707  Security personnel.

    The operator shall ensure that no person is assigned security patrol 
duty unless that person has been instructed on security violation 
procedures.



Sec. 127.709  Protective enclosures.

    The following must be within a fence or wall that prevents 
trespassing:
    (a) Impounding spaces.
    (b) Control rooms and stations.
    (c) Electrical power sources.



Sec. 127.711  Communications.

    The marine transfer area for LNG must have a means of direct 
communications between the security patrol and other operating or 
security personnel on duty on the waterfront facility handling LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



    Subpart C--Waterfront Facilities Handling Liquefied Hazardous Gas

    Source: CGD 88-049, 60 FR 39796, Aug. 3, 1995, unless otherwise 
noted.

                         Design and Construction



Sec. 127.1101  Piping systems.

    Each piping system within the marine transfer area for LHG used for 
the transfer of LHG must meet the following criteria:
    (a) Each system must be designed and constructed in accordance with 
ASME B31.3.
    (b) Each pipeline on a pier or wharf must be located so that it is 
not exposed to physical damage from vehicular traffic or cargo-handling 
equipment. Each pipeline under navigable waters must be covered or 
protected to meet 49 CFR 195.248.
    (c) The transfer manifold of each liquid transfer line and of each 
vapor return line must have an isolation valve with a bleed connection, 
such that transfer hoses and loading arms can be blocked off, drained or 
pumped out, and depressurized before disconnecting. Bleeds or vents must 
discharge to a safe area such as a tank or flare.
    (d) In addition to the isolation valve at the transfer manifold, 
each liquid-transfer line and each vapor return line must have a readily 
accessible isolation valve located near the edge of the marine transfer 
area for LHG.
    (e) Each power-operated isolation valve must be timed to close so 
that it will not produce a hydraulic shock capable of causing failure of 
the line or equipment. Unless the layout of the piping allows the 
isolation valve at the transfer manifold to close within 30 seconds 
without creating excessive stresses on the system, the layout must be 
reconfigured to reduce the stresses to a safe level.
    (f) Each waterfront facility handling LHG that transfers to or from 
a vessel requiring vapor return during transfer must be equipped with a 
vapor return line designed to attach to the vessel's vapor connection.
    (g) Where two or more LHGs are loaded or unloaded at the same 
facility, each manifold must be identified or marked to indicate each 
LHG it handles.
    (h) Each pipeline used to transfer flammable liquids or vapors must 
be provided with precautions against static, lightning, and stray 
current in accordance with API RP 2003.



Sec. 127.1102  Transfer hoses and loading arms.

    (a) Each hose within the marine transfer area for LHG used for the 
transfer of LHG or its vapors to or from a vessel must--

[[Page 39]]

    (1) Be made of materials resistant to each LHG transferred, in both 
the liquid and vapor state (if wire braid is used for reinforcement, the 
wire must be of corrosion-resistant material, such as stainless steel);
    (2) Be constructed to withstand the temperature and pressure 
foreseeable during transfer, with a MAWP not less than the maximum 
pressure to which it may be subjected and at least 1030 kPa gauge (149.4 
psig);
    (3) Be designed for a minimum bursting pressure of a least five 
times the MAWP;
    (4) Have--
    (i) Full-threaded connections;
    (ii) Flanges that meet ANSI B16.5; or
    (iii) Quick connect couplings that are acceptable to the Commandant;
    (5) Be adequately supported against the weight of its constituent 
parts, the LHG, and any ice formed on it;
    (6) Have no kinks, bulges, soft spots, or other defects that will 
let it leak or burst under normal working pressure; and
    (7) Have a permanently attached nameplate that indicates, or 
otherwise be permanently marked to indicate--
    (i) Each LHG for which it is suitable;
    (ii) Its MAWP at the corresponding service temperature; and
    (iii) If used for service at other than ambient temperature, its 
minimum service temperature.
    (b) Each loading arm used for the transfer of LHG or its vapor 
must--
    (1) Be made of materials resistant to each LHG transferred, in both 
the liquid and vapor state;
    (2) Be constructed to withstand the temperature and pressure 
foreseeable during transfer;
    (3) Be adequately supported against the weight of its constituent 
parts, the LHG, and any ice formed on it;
    (4) Be provided with an alarm to indicate when it is approaching the 
limits of its extension, unless the examined Operations Manual requires 
a person to perform the same function; and
    (5) Have a permanently attached nameplate that indicates, or 
otherwise be permanently marked to indicate--
    (i) Each LHG it may handle;
    (ii) Its MAWP at the corresponding service temperature; and,
    (iii) If it is used for service at other than ambient temperature, 
its minimum service temperature.



Sec. 127.1103  Piers and wharves.

    (a) Each new waterfront facility handling LHG, and all new 
construction in the marine transfer area for LHG of each existing 
facility, must comply with the standards for seismic design and 
construction in 49 CFR part 41.
    (b) Each substructure on a new waterfront facility handling LHG, and 
all new construction in the marine transfer area for LHG of each 
existing facility, except moorings and breasting dolphins, that supports 
or is within 4.5 meters (14.8 feet) of any pipe or equipment containing 
a flammable LHG, or that is within 15 meters (49.2 feet) of a loading 
flange used to transfer a flammable LHG, must have a fire-endurance 
rating of not less than two hours.



Sec. 127.1105  Layout and spacing of marine transfer area for LHG.

    Each new waterfront facility handling LHG, and all new construction 
in the marine transfer area for LHG of each existing facility, must 
comply with the following:
    (a) Each building, shed, and other structure within each marine 
transfer area for LHG must be located, constructed, or ventilated to 
prevent the accumulation of flammable or toxic gases within the 
structure.
    (b) Each impounding space for flammable LHGs located within the area 
must be designed and located so that the heat flux from a fire over the 
impounding space does not cause, to a vessel, damage that could prevent 
the vessel's movement.
    (c) Each manifold, loading arm, or independent mating flange must be 
located at least 60 meters (197 feet) from each of the following 
structures, if that structure is intended primarily for the use of the 
general public or of railways:
    (1) A bridge crossing a navigable waterway.
    (2) The entrance to, or the superstructure of, a tunnel under a 
navigable waterway.
    (d) Each manifold, loading arm, or independent mating flange must be 
located at least 30 meters (98.5 feet) from each public roadway or 
railway.

[[Page 40]]



Sec. 127.1107  Electrical systems.

    Electrical equipment and wiring must be of the kind specified by, 
and must be installed in accordance with, NFPA 70.



Sec. 127.1109  Lighting systems.

    (a) Each waterfront facility handling LHG, at which transfers of LHG 
take place between sunset and sunrise, must have outdoor lighting that 
illuminates the marine transfer area for LHG.
    (b) All outdoor lighting must be located or shielded so that it 
cannot be mistaken for any aids to navigation and does not interfere 
with navigation on the adjacent waterways.
    (c) The outdoor lighting must provide a minimum average illumination 
on a horizontal plane 1 meter (3.3 feet) above the walking surface of 
the marine transfer area that is--
    (1) 54 lux (5 foot-candles) at any loading flange; and
    (2) 11 lux (1 foot-candle) for the remainder of the marine transfer 
area for LHG.



Sec. 127.1111  Communication systems.

    (a) The marine transfer area for LHG must possess a communication 
system that enables continuous two way voice communication between the 
person in charge of transfer aboard the vessel and the person in charge 
of transfer for the facility.
    (b) The communication system required by paragraph (a) of this 
section may consist either of fixed or portable telephones or of 
portable radios. The system must be usable and effective in all phases 
of the transfer and all weather at the facility.
    (c) Devices used to comply with paragraph (a) of this section during 
the transfer of a flammable LHG must be listed as intrinsically safe by 
Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or 
other independent laboratory recognized by NFPA, for use in the 
hazardous location in which it is used.



Sec. 127.1113  Warning signs.

    (a) The marine transfer area for LHG must have warning signs that--
    (1) Meet paragraph (b) of this section;
    (2) Can be seen from the shore and the water; and,
    (3) Except as provided in paragraph (c) of this section, bear the 
following text:

Warning
Dangerous Cargo
No visitors
No Smoking
No Open Lights

    (b) Each letter on the sign must be--
    (1) In block style;
    (2) Black on a white background; and
    (3) At least 7.6 centimeters (3 inches) high.
    (c) The words ``No Smoking'' and ``No Open Lights'' may be omitted 
when the product being transferred is not flammable.

                                Equipment



Sec. 127.1203  Gas detection.

    (a) Each waterfront facility handling LHG that transfers a flammable 
LHG must have at least two portable gas detectors, or a fixed gas 
detector, in the marine transfer area for LHG. Each detector must be 
capable of indicating whether the concentration of flammable vapors 
exceeds 30% of the Lower Flammable Limit for each flammable product 
being transferred and must meet ANSI S12.13, Part I.
    (b) Each waterfront facility handling LHG that transfers a toxic 
LHG, other than anhydrous ammonia, must have at least two portable gas 
detectors, or a fixed gas detector, available in the area. The detectors 
must be capable of showing whether the concentration of each toxic LHG 
being transferred is above, at, or below any Permissible Exposure Limit 
listed in 29 CFR 1910.1000, Table Z-1 or Z-2.
    (c) Each gas detector required by paragraph (a) or (b) of this 
section must serve to detect leaks, check structures for gas 
accumulations, and indicate workers' exposure to toxic gases in the 
area.

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995]



Sec. 127.1205  Emergency shutdown.

    (a) Each piping system used to transfer LHG or its vapors to or from 
a vessel must have a quick-closing shutoff valve to stop the flow of 
liquid and vapor from the waterfront facility handling LHG if a transfer 
hose or loading

[[Page 41]]

arm fails. This valve may be the isolation valve with a bleed connection 
required by Sec. 127.1101(c).
    (b) The valve required by paragraph (a) of this section must be 
located as near as practicable to the terminal manifold or loading-arm 
connection and must--
    (1) Close on loss of power;
    (2) Close from the time of activation in 30 seconds or less;
    (3) Be capable of local manual closing and remotely controlled 
closing; and,
    (4) If the piping system is used to transfer a flammable LHG, either 
have fusible elements that melt at less than 105 deg.C (221 deg.F) and 
activate the emergency shutdown, or have a sensor that performs the same 
function.
    (c) A remote actuator for each valve must be located in a place 
accessible in an emergency, at least 15 meters (49.2 feet) from the 
terminal manifold or loading arm, and conspicuously marked with its 
designated function. When activated, the actuator must also 
automatically shut down any terminal pumps or compressors used to 
transfer LHG, or its vapors, to or from the vessel.

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995]



Sec. 127.1207  Warning alarms.

    (a) Each marine transfer area for LHG must have a rotating or 
flashing amber light that is visible for at least 1,600 meters (1 mile) 
from the transfer connection in all directions.
    (b) Each marine transfer area for LHG must also have a siren that is 
audible for at least 1,600 meters (1 mile) from the transfer connection 
in all directions.
    (c) Each light and siren required by this section must be located so 
as to minimize obstructions. If any obstruction will prevent any of 
these alarms from meeting paragraph (a) or (b) of this section, the 
operator of the waterfront facility handling LHG shall propose for 
approval by the local COTP additional or alternative warning devices 
that provide an equivalent level of safety.

[CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995]



Sec. 127.1209  Respiratory protection.

    Each waterfront facility handling LHG must provide equipment for 
respiratory protection for each employee of the facility in the marine 
transfer area for LHG during the transfer of one or more of the 
following toxic LHGs; anhydrous ammonia, chlorine, dimethylamine, 
ethylene oxide, methyl bromide, sulphur dioxide, or vinyl chloride. The 
equipment must protect the wearer from the LHG's vapor for at least 5 
minutes.

                               Operations



Sec. 127.1301  Persons in charge of transfers for the facility: Qualifications and certification.

    (a) No person may serve, or use the services of any person, as a 
person in charge of transfers for the facility regulated under this 
subpart, unless that person--
    (1) Has at least 48 hours' transfer experience with each LHG being 
transferred;
    (2) Knows the hazards of each LHG being transferred;
    (3) Knows the rules of this subpart; and
    (4) Knows the procedures in the examined Operations Manual and the 
examined Emergency Manual.
    (b) Before a person in charge of transfers for a waterfront facility 
handling LHG supervises a transfer of LHG, the operator of the facility 
shall certify in writing that that person has met the requirements in 
paragraph (a) of this section. The operator shall ensure that a copy of 
each current certification is available for inspection at the facility.

[CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995]



Sec. 127.1302  Training.

    (a) Each operator of a waterfront facility handling LHG shall ensure 
that each person assigned to act as a person in charge of transfers for 
the facility has training in the following subjects:
    (1) Properties and hazards of each LHG being transferred to or from 
the facility.
    (2) Use of the gas detectors required by Sec. 127.1203.

[[Page 42]]

    (3) Use of the equipment for respiratory protection required by 
Sec. 127.1209.
    (4) Basic firefighting procedures, including the use of the portable 
fire extinguishers required by Sec. 127.1503.
    (5) Content and use of the examined Operations Manual and examined 
Emergency Manual.
    (6) The configuration and limitations of cargo systems of LHG 
vessels.
    (7) Procedures for transferring LHG to and from LHG vessels.
    (8) Procedures for response to a release of the LHG handled by the 
facility.
    (9) First aid for persons--
    (i) With burns;
    (ii) Needing cardio-pulmonary resuscitation;
    (iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG is 
handled by the facility); and
    (iv) Needing transport to a medical facility.
    (10) Restrictions on access to the marine transfer area for LHG.
    (b) Each person that receives training under paragraph (a) of this 
section shall receive refresher training in the same subjects at least 
once every 5 years.
    (c) The operator shall maintain, for each person trained, a record 
of all training provided under paragraphs (a) and (b) of this section. 
The operator shall retain these records for the duration of the person's 
employment on the waterfront facility plus 12 months.
    (d) Training conducted to comply with the hazard communication 
programs required by the Occupational Safety and Health Administration 
(OSHA) of the Department of Labor [29 CFR 1910.120] or the Environmental 
Protection Agency (EPA) [40 CFR 311.1] may be used to satisfy the 
requirements in paragraph (a) of this section, so far as the training 
addresses the requirements in paragraph (a) of this section.



Sec. 127.1303  Compliance with suspension order.

    If the COTP issues to the owner or operator of a waterfront facility 
handling LHG an order to suspend a transfer, no transfer may take place 
at the facility until the COTP withdraws the order.



Sec. 127.1305  Operations Manual.

    Each Operations Manual must contain--
    (a) A description of each liquid-transfer system and vapor transfer 
system, including each mooring area, transfer connection, and (where 
installed) control room, and a diagram of the piping and electrical 
systems;
    (b) The duties of each person assigned to transfers;
    (c) The maximum relief-valve setting or MAWP of the transfer system;
    (d) The telephone numbers of supervisors, persons in charge of 
transfers for the facility, persons on watch in the marine transfer area 
for LHG, and security personnel of the facility;
    (e) A description for each security system provided for the transfer 
area;
    (f) A description of the training programs established under 
Sec. 127.1302;
    (g) The procedures to follow for security violations; and
    (h) For each LHG handled, the procedures for transfer that include--
    (1) Requirements for each aspect of the transfer (start-up, gauging, 
cooldown, pumping, venting, and shutdown);
    (2) The maximum transfer rate;
    (3) The minimum transfer temperature;
    (4) Requirements for firefighting equipment; and
    (5) Communication procedures.



Sec. 127.1307  Emergency Manual.

    (a) Each Emergency Manual must contain--
    (1) For each LHG handled--
    (i) A physical description of the LHG;
    (ii) A description of the hazards of the LHG;
    (iii) First-aid procedures for persons exposed to the LHG or its 
vapors;
    (iv) The procedures for response to a release of the LHG; and,
    (v) If the LHG is flammable, the procedures for fighting a fire 
involving the LHG or its vapors;
    (2) A description of the emergency shutdown required by 
Sec. 127.1205;
    (3) The procedures for emergency shutdown;

[[Page 43]]

    (4) A description of the number, kind, place, and use of the fire 
equipment required by Sec. 127.1501(a) and of the portable fire 
extinguishers required by Sec. 127.1503;
    (5) The telephone numbers of local Coast Guard units, hospitals, 
fire departments, police departments, and other emergency-response 
organizations;
    (6) If the facility has personnel shelters, the place of and 
provisions in each shelter;
    (7) If the facility has first-aid stations, the location of each 
station;
    (8) Emergency procedures for mooring and unmooring a vessel; and,
    (9) If an off-site organization is to furnish emergency response, a 
copy of the written agreement required by Sec. 127.1505(a)(2).
    (b) The employee-emergency plan and fire-prevention plan required by 
OSHA in 29 CFR 1910.38 may be used to comply with this section to the 
extent that they address the requirements specified in paragraphs (a) 
(1) through (9) of this section.

[CGD 88-049, 60 FR 39799, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995]



Sec. 127.1309  Operations Manual and Emergency Manual: Use.

    Each operator of a waterfront facility handling LHG shall ensure 
that--
    (a) No transfer is conducted unless the facility has an examined 
Operations Manual and an examined Emergency Manual;
    (b) Each transfer is conducted in accordance with the examined 
Operations Manual; and
    (c) Each emergency response is conducted in accordance with the 
examined Emergency Manual.



Sec. 127.1311  Motor vehicles.

    (a) When LHG is being transferred or stored in the marine transfer 
area of a waterfront facility handling LHG, the operator shall ensure 
that no person--
    (1) Stops or parks a motor vehicle in a space other than a 
designated parking space;
    (2) Refuels a motor vehicle within the area; or
    (3) Operates a vehicle or other mobile equipment that constitutes a 
potential source of ignition within 15 meters (49.2 feet) of any storage 
container, manifold, loading arm, or independent mating flange 
containing a flammable liquid or vapor.
    (b) If motor vehicles are permitted to stop in the marine transfer 
area for LHG, the operator shall designate and mark parking spaces 
that--
    (1) Do not block fire lanes;
    (2) Do not impede any entrances or exits; and
    (3) Are not located within 15 meters (49.2 feet) of any storage 
container, manifold, loading arm, or independent mating flange 
containing a flammable liquid or vapor.



Sec. 127.1313  Storage of hazardous materials.

    (a) Each operator of a waterfront facility handling LHG shall ensure 
that no materials listed in the table of hazardous materials under 49 
CFR 172.101, except for the following, are stored in the marine transfer 
area for LHG:
    (1) The LHG being transferred.
    (2) Fuel required by the vessel, or by emergency equipment in the 
area.
    (3) Oily wastes received from vessels.
    (4) Solvents, lubricants, paints and similar materials in the amount 
required for one day's operations and maintenance.
    (b) The operator shall ensure that flammable liquids not stored in 
bulk are stored in accordance with Chapter 4 of NFPA 30.



Sec. 127.1315  Preliminary transfer inspection.

    Before each transfer, the person in charge of transfer for the 
facility shall--
    (a) Inspect piping and equipment within the marine transfer area for 
LHG to be used for transfer and ensure that it meets the requirements in 
this part;
    (b) Determine the contents, pressure, temperature, and capacity of 
each storage tank to or from which LHG will be transferred, to ensure 
that it is safe for transfer;
    (c) Confer with the person in charge of transfer aboard the vessel, 
to review and agree on--
    (1) The sequence of acts required for transfer;

[[Page 44]]

    (2) The rate, maximum working pressure, and minimum working 
temperature of transfer;
    (3) The duties, stations, and watches of each person assigned for 
transfer; and
    (4) The emergency procedures in the examined Emergency Manual;
    (d) Ensure that the vessel is securely moored and that the transfer 
connections allow it to move to the limits of its moorings without 
placing a strain on the piping, hose, or loading arm used for transfer;
    (e) Ensure that each part of the transfer system is aligned to allow 
the flow of LHG to the desired place;
    (f) Ensure the display of the warning signs required by 
Sec. 127.1113;
    (g) Ensure that the requirements of this part concerning smoking and 
fire protection are met;
    (h) Ensure that qualified personnel are on duty in accordance with 
the examined Operations Manual and Secs. 127.1301 and 127.1302; and
    (i) Test the following to determine that they are operable:
    (1) The communication system required by Sec. 127.1111.
    (2) The gas detectors required by Sec. 127.1203.



Sec. 127.1317  Declaration of Inspection.

    (a) Each person in charge of transfer for the facility shall ensure 
that no person transfers LHG to or from a vessel until a Declaration of 
Inspection that meets paragraph (c) of this section is executed and 
signed by both the person in charge aboard the vessel and the person in 
charge for the facility.
    (b) No person in charge of transfer for the facility may sign the 
Declaration unless that person has fulfilled the requirements of 
Sec. 127.1315 and has indicated fulfillment of each requirement by 
writing his or her initials in the appropriate space on the Declaration.
    (c) Each Declaration must contain--
    (1) The name of the vessel and that of the facility;
    (2) The date and time that the transfer begins;
    (3) A list of the requirements in Sec. 127.1315 with the initials of 
both the person in charge aboard the vessel and the person in charge for 
the facility after each requirement, indicating the fulfillment of the 
requirement;
    (4) The signatures of both the person in charge aboard the vessel 
and the person in charge for the facility, and the date and time of 
signing, indicating that they are both ready to begin transfer; and
    (5) The signature of each relief person in charge and the date and 
time of each relief.
    (d) The person in charge of transfer for the facility shall give one 
signed copy of the Declaration to the person in charge of transfer 
aboard the vessel and retain the other.
    (e) Each operator of a facility shall retain a signed copy of the 
Declaration at the facility for 30 days after the transfer.



Sec. 127.1319  Transfer of LHG.

    (a) The operator of a waterfront facility handling LHG shall notify 
the COTP of the time and place of each transfer of LHG in bulk at least 
4 hours before it begins.
    (b) During transfer, each operator of a waterfront facility handling 
LHG shall ensure that--
    (1) The marine transfer area for LHG is under the supervision of a 
person in charge certified for transfers of LHG, who has no other 
assigned duties during the transfer;
    (2) The person in charge supervises transfers only to or from one 
vessel at a time unless authorized by the COTP.
    (3) No person transferring fuel or oily waste is involved in the 
transfer; and
    (4) No vessel is moored outboard of any LHG vessel unless allowed by 
the COTP or the examined Operations Manual of the facility.
    (c) During transfer, each person in charge of transfer for the 
facility shall--
    (1) Maintain communication with the person in charge of transfer 
aboard the LHG vessel;
    (2) Ensure that an inspection of the transfer piping and equipment 
for leaks, frost, defects, and other threats to safety takes place at 
least once every transfer;
    (3) Ensure that--
    (i) Transfer of LHG is discontinued as soon as a release or fire is 
detected in the area or aboard the vessel; and

[[Page 45]]

    (ii) Transfer of flammable LHG is discontinued when electrical 
storms or uncontrolled fires approach near the area; and
    (4) Ensure that the outdoor lighting required by Sec. 127.1109 is 
turned on between sunset and sunrise.
    (d) Upon completion of transfer of LHG, each operator of a 
waterfront facility handling LHG shall ensure that hoses and loading 
arms used for transfer are drained of LHG residue and depressurized 
before disconnecting from the vessel.

    Note to Sec. 127.1319: Corresponding standards for vessels appear at 
46 CFR part 154.



Sec. 127.1321  Release of LHG.

    (a) Each operator of a waterfront facility handling LHG shall ensure 
that--
    (1) No person intentionally releases LHG into the environment; and
    (2) If a release of LHG or its vapor threatens vessels or persons 
outside the marine transfer area for LHG, they are notified by the 
warning devices.
    (b) If LHG or its vapor is released, the person in charge of 
transfer for the facility shall--
    (1) Immediately notify the person in charge of transfer aboard the 
vessel that transfer must be shut down;
    (2) Shut down transfer in coordination with the person aboard the 
vessel;
    (3) Notify the COTP of the release; and
    (4) Not resume transfer until authorized by the COTP.



Sec. 127.1325  Access to marine transfer area for LHG.

    Each operator of a waterfront facility handling LHG shall ensure 
that--
    (a) Access to the marine transfer area for LHG from shoreside and 
waterside is limited to--
    (1) Personnel who work in the area, transfer personnel, vessel 
personnel, and delivery and service personnel in the course of their 
business;
    (2) Federal, State, and local officials; and
    (3) Other persons authorized by the operator;
    (b) Each person allowed into the area is positively identified as 
someone authorized to enter and that each person other than an employee 
of the facility displays an identifying badge;
    (c) Guards are stationed, and fences or other devices are installed, 
to prevent, detect, and respond to unauthorized access, fires, and 
releases of LHG in the area, except that alternative measures approved 
by the COTP (such as electronic monitoring or random patrols) will be 
sufficient where the stationing of guards is impracticable; and
    (d) Coast Guard personnel are allowed access to the facility, at any 
time, to make any examination or to board any vessel moored at the 
facility.

                               Maintenance



Sec. 127.1401  General.

    Each operator of a waterfront facility handling LHG shall ensure 
that all cargo handling equipment is operable, and that no equipment 
that may cause the release or ignition of LHG is used in the marine 
transfer area for LHG.



Sec. 127.1403  Inspections.

    (a) Each operator of a waterfront facility handling LHG shall 
conduct a visual inspection for defects of each pressure relief device 
not capable of being tested.
    (b) The operator shall conduct the inspection required by paragraph 
(a) of this section at least once each calendar year, with intervals 
between inspections not exceeding 15 months.



Sec. 127.1405  Repairs.

    Each operator of a waterfront facility handling LHG shall ensure 
that--
    (a) Equipment is repaired so that--
    (1) The equipment continues to meet the applicable requirements in 
this subpart; and
    (2) Safety is not compromised; and
    (b) Welding and cutting meet NFPA 51B.



Sec. 127.1407  Tests.

    (a) Each operator of a waterfront facility handling LHG shall 
conduct a static liquid-pressure test of the piping, hoses, and loading 
arms of the LHG-transfer system located in the marine transfer area for 
LHG, and shall verify the set pressure of the safety and relief valves--
    (1) After the system or the valves are altered;

[[Page 46]]

    (2) After major repairs to the system or the valves;
    (3) After any increase in the MAWP of the system; and
    (4) At least once each calendar year, with intervals between tests 
not exceeding 15 months.
    (b) The pressure for the test under paragraph (a) of this section 
must be at least 1.1 times the MAWP and last for at least 30 minutes.
    (c) The operator shall conduct a test of each pressure gauge, to 
ensure that the displayed pressure is within 10 percent of the actual 
pressure, at least once each calendar year, with intervals between tests 
not exceeding 15 months.
    (d) The operator shall conduct a test of each item of remote 
operating or indicating equipment, such as a remotely operated valve, at 
least once each calendar year, with intervals between tests not 
exceeding 15 months.
    (e) The operator shall conduct a test of the emergency shutdown 
required by Sec. 127.1205 at least once every two months, to ensure that 
it will perform as intended. If transfers of LHG occur less often than 
every two months, the operator may conduct this test before each 
transfer instead of every two months.
    (f) The operator shall conduct a test of the warning alarm required 
by Sec. 127.1207 at least once every six months, to ensure that it will 
perform as intended. If transfers of LHG occur less often than every six 
months, the operator may conduct this test before each transfer instead 
of every six months.



Sec. 127.1409  Records.

    (a) Each operator of a waterfront facility handling LHG shall keep 
on file:
    (1) A description of the components inspected or tested under 
Sec. 127.1403 or 127.1407.
    (2) The date and results of each inspection or test under 
Sec. 127.1403 or 127.1407.
    (3) A description of any repair made after the inspection or test.
    (4) The date and a description of each alteration or major repair to 
the LHG transfer system or its valves.
    (b) The operator shall keep this information on file for at least 24 
months after the inspection, test, alteration, or major repair.

                         Firefighting Equipment



Sec. 127.1501  General.

    (a) The number, kind, and place of equipment for fire detection, 
protection, control, and extinguishment must be determined by an 
evaluation based upon sound principles of fire-protection engineering, 
analysis of local conditions, hazards within the waterfront facility 
handling LHG, and exposure to other property. A description of the 
number, kind, place, and use of fire equipment determined by this 
evaluation must appear in the Emergency Manual for each facility. The 
evaluation for each new facility and for all new construction on each 
existing facility must be submitted to the COTP for review when the 
emergency manual is submitted under Sec. 127.103.
    (b) All fire equipment for each facility must be adequately 
maintained, and periodically inspected and tested, so it will perform as 
intended.
    (c) The following must be red or some other conspicuous color and be 
in places that are readily accessible:
    (1) Hydrants and standpipes.
    (2) Hose stations.
    (3) Portable fire extinguishers.
    (4) Fire monitors.
    (d) Fire equipment must bear the approval, if applicable, of 
Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or 
other independent laboratory recognized by NFPA.



Sec. 127.1503  Portable fire extinguishers.

    Each operator of a waterfront facility handling LHG must provide 
portable fire extinguishers of appropriate, number, size, and kind in 
the marine transfer area for LHG in accordance with NFPA 10.



Sec. 127.1505  Emergency response and rescue.

    (a) Each waterfront facility handling LHG must arrange for emergency 
response and rescue pending the arrival of resources for firefighting or 
pollution control. Response and rescue may be performed by facility 
personnel or by an off-site organization.

[[Page 47]]

    (1) If response and rescue are performed by facility personnel, 
appropriate training and equipment for personnel protection must be 
furnished to those personnel. Training and equipment that meets 29 CFR 
1910.120, hazardous-waste operations and emergency response, will be 
appropriate.
    (2) If response and rescue are performed by an off-site 
organization, the organization must enter into a written agreement with 
the facility indicating the services it will perform and the time within 
which it will perform them to injured or trapped personnel.
    (b) [Reserved]



Sec. 127.1507  Water systems for fire protection.

    (a) Each waterfront facility handling LHG must have a supply of 
water and a means for distributing and applying the water to protect 
personnel; to cool storage tanks, equipment, piping, and vessels; and to 
control unignited leaks and spills in the marine transfer area for LHG 
except when the evaluation required by Sec. 127.1501(a) indicates 
otherwise. The evaluation must address fire protection for structures, 
cargo, and vessels. Each water system must include on the pier or wharf 
at least one 2\1/2\-inch supply line, one 2\1/2\-inch fire hydrant, and 
enough 2\1/2\-inch hose to connect the hydrant to the vessel.
    (b) Each water system must fully and simultaneously supply, for at 
least 2 hours, all fixed fire-protection systems, including monitor 
nozzles, at their designed flow and pressure for the worst single 
incident foreseeable, plus 63 L/s (1000 gpm) for streams from hand-held 
hoses.



Sec. 127.1509  Equipment for controlling and extinguishing fires.

    (a) Within each marine transfer area for LHG of each waterfront 
facility handling LHG that transfers a flammable LHG, portable or 
wheeled fire extinguishers suitable for gas fires, preferably dry 
chemical extinguishers, must be available at strategic sites, as 
determined by the evaluation required by Sec. 127.1501(a).
    (b) Fixed systems for extinguishing or controlling fires may be 
appropriate for protection against particular hazards. The evaluation 
required by Sec. 127.1501(a) may specify the use of one or more of the 
following fixed systems:
    (1) Low-, medium-, or high-expansion foam.
    (2) Dry chemicals.
    (3) Water applied as deluge, spray, or sprinkle.
    (4) Carbon dioxide.
    (5) Other NFPA approved fire extinguishing media.



Sec. 127.1511  International shore connection.

    Each marine transfer area for LHG that receives foreign flag vessels 
must have an international shore connection meeting the requirements of 
ASTM F-1121.

                             Fire Protection



Sec. 127.1601  Smoking.

    Each operator of a waterfront facility handling LHG shall ensure 
that no person smokes in the marine transfer area for LHG unless--
    (a) Neither flammable LHG nor its vapors are present in the area; 
and
    (b) The person is in a place designated and marked in accordance 
with local law.



Sec. 127.1603  Hotwork.

    Each operator of a waterfront facility handling LHG shall ensure 
that no person conducts welding, torch cutting, or other hotwork on the 
facility, or on a vessel moored to the facility, unless--
    (a) The COTP has issued a permit for that hotwork; and
    (b) The conditions of the permit are met.



Sec. 127.1605  Other sources of ignition.

    Each operator of a waterfront facility handling LHG shall ensure 
that in the marine transfer area for LHG--
    (a) There are no open fires or open flame lamps;
    (b) Heating equipment will not ignite combustible material;
    (c) Each chimney and appliance has a spark arrestor if it uses solid 
fuel or is located where sparks may ignite combustible material; and

[[Page 48]]

    (d) All rubbish, debris, and waste go into appropriate receptacles.

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by CGD 97-023, 62 FR 
33363, June 19, 1997]



PART 128--SECURITY OF PASSENGER TERMINALS--Table of Contents




                           Subpart A--General

Sec.
128.100  Applicability.
128.110  Definitions.
128.120  Incorporation by reference.

                       Subpart B--Security Program

128.200  General.
128.210  Terminal security officer.
128.220  Reporting of unlawful acts and related activities.

          Subpart C--Plans and Procedures for Terminal Security

128.300  Plan: General.
128.305  Plan: Procedure for examination.
128.307  Plan: Amendment.
128.309  Right to Appeal.

    Authority:  33 U.S.C. 1231; 49 CFR 1.46.

    Source: CGD 91-012, 61 FR 37654, July 18, 1996, unless otherwise 
noted.
    Editorial Note: For a document relating to clarification of part 
128, see 61 FR 51597, Oct. 3, 1996.



                           Subpart A--General



Sec. 128.100  Applicability.

    This part applies to all passenger terminals in the United States or 
its territories when being used for the assembling, processing, 
embarking, or disembarking of passengers or baggage for passenger 
vessels over 100 gross tons, carrying more than 12 passengers for hire; 
making a voyage lasting more than 24 hours, any part of which is on the 
high seas. It does not apply to terminals when serving ferries that hold 
Coast Guard Certificates of Inspection endorsed for ``Lakes, Bays, and 
Sounds'', and that transit international waters for only short periods 
of time, on frequent schedules.



Sec. 128.110  Definitions.

    The definitions in part 120 of this chapter apply to this part.



Sec. 128.120  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and must make the 
material available to the public. All approved material may be inspected 
at the Office of the Federal Register, 800 North Capitol Street NW., 
Suite 700, Washington, DC, and at the U.S. Coast Guard, (G-MES), 2100 
Second Street SW., Washington, DC. Copies may be obtain from IMO, 4 
Albert Embankment, London SE1 7 SR.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR
MSC Circular 443, Measures to Prevent Unlawful Acts Against Passengers 
    and Crews on Board Ships September 26, 1986--128.220, 128.300



                       Subpart B--Security Program



Sec. 128.200  General.

    (a) Each operator of a passenger terminal to which this part applies 
shall implement for each such terminal of which it is the operator a 
security program that--
    (1) Provides for the safety and security of persons and property in 
the terminal and aboard each passenger vessel subject to Part 120 of 
this chapter moored at the terminal, against unlawful acts;
    (2) Prevents or deters the carriage aboard any such vessel moored at 
the terminal of any prohibited weapon, incendiary, or explosive on or 
about any person or within his or her personal articles or baggage, and 
the carriage of any prohibited weapon, incendiary, or explosive in 
stowed baggage, or cargo, or stores;
    (3) Prevents or deters unauthorized access to any such vessel and to 
restricted areas in the terminal;

[[Page 49]]

    (4) provides means to meet the requirements for low, medium, and 
high threats, through increased security measures to be implemented on 
advice by the Commandant or Captain of the Port (COTP) of an increased 
threat to the terminal, the vessel, or persons on the terminal or 
vessel;
    (5) Designates, by name, a security officer for the terminal;
    (6) Provides for the evaluation of all security personnel of the 
terminal, before hiring, to determine suitability for employment; and
    (7) Provides for coordination with vessel security while any 
passenger vessel subject to Part 120 of this chapter is moored at the 
terminal.
    (b) Each operator of a passenger terminal shall work with the 
operator of each passenger vessel subject to part 120 of this chapter, 
to provide security for the passengers, the terminal, and the vessel. 
The terminal, however, need not duplicate any provisions fulfilled by 
the vessel. When a provision is fulfilled by a vessel, that fact shall 
be referenced in the applicable section of the Terminal Security Plan 
required by Sec. 128.300.



Sec. 128.210  Terminal security officer.

    (a) Each operator of a passenger terminal shall designate a security 
officer for the terminal.
    (b) This officer shall ensure that--
    (1) An initial comprehensive security survey is conducted and 
updated;
    (2) The plan required by Sec. 128.300 is implemented and maintained, 
and that amendments to correct its deficiencies and satisfy the security 
requirements of the terminal are proposed;
    (3) Adequate training for personnel responsible for security is 
provided;
    (4) Regular inspections of the terminal are conducted;
    (5) Vigilance, as well as general awareness of security at the 
terminal, is encouraged;
    (6) All occurrences or suspected occurrences of unlawful acts and 
related activities are reported in accordance with Sec. 128.220 and that 
records of the incident are maintained; and
    (7) Coordination, for implementation of the plan required by 
Sec. 128.300, takes place with the vessel security officer of each 
vessel that embarks or disembarks passengers at the terminal.



Sec. 128.220  Reporting of unlawful acts and related activities.

    (a) Either the operator of the terminal or the operator's 
representative shall report each unlawful act, breach of security, or 
threat of an unlawful act against the terminal, a passenger vessel 
subject to Part 120 of this chapter destined for or moored at that 
terminal, or persons on the terminal or vessel, to the COTP, to the 
local office of the Federal Bureau of Investigation (FBI), and to the 
local police agency having jurisdiction over the terminal.
    (b) Either the operator of the terminal or the operator's 
representative shall file a written report of the incident using the 
form ``Report on an Unlawful Act'', contained in IMO MSC Circular 443, 
as soon as possible to the local COTP.



          Subpart C--Plans and Procedures for Terminal Security



Sec. 128.300  Plan: General.

    (a) Each operator of a passenger terminal subject to this part shall 
develop and maintain, in writing, for each such terminal of which it is 
the operator, an appropriate Terminal Security Plan that articulates the 
program required by Sec. 128.200.
    (b) The Plan must be developed and maintained in accordance with the 
guidance in IMO MSC Circular 443 and must address the security of 
passengers, of members of crews of passenger vessels subject to Part 120 
of this chapter, and of employees of the terminal, by establishing 
procedures, for periods of low, medium, and high threats, to--
    (1) Deter unauthorized access to the terminal and its restricted 
areas and to any passenger vessel moored at the terminal;
    (2) Deter the introduction of prohibited weapons, incendiaries, and 
explosives into the terminal and its restricted areas and onto any 
passenger vessel moored at the terminal;
    (3) Encourage vigilance, as well as general awareness of security, 
at the terminal;

[[Page 50]]

    (4) Provide adequate training to employees of the terminal for 
security at the terminal;
    (5) Coordinate responsibilities for security with the operator of 
each vessel that embarks or disembarks passengers at the terminal; and
    (6) Provide information to employees of the terminal and to law-
enforcement personnel, in case of an incident affecting security.
    (c) The operator shall amend the Plan to address any known 
deficiencies.
    (d) The operator shall restrict the distribution, disclosure, and 
availability of information contained in the Plan to those persons with 
an operational need to know.



Sec. 128.305  Plan: Procedure for examination.

    (a) Each operator of a passenger terminal subject to this part shall 
submit two copies of the Terminal Security Plan required by Sec. 128.300 
to the COTP for examination before October 16, 1996, or at least 60 days 
before transferring passengers to or from a vessel subject to part 120 
of this chapter, whichever is later.
    (b) If the COTP finds that the Plan meets the requirements of 
Sec. 128.300, the COTP shall return a copy to the owner or operator 
marked ``Examined by the Coast Guard.''
    (c) If the COTP finds that the Plan does not meet the requirements 
of Sec. 128.300, the COTP shall return the Plan with an explanation of 
why it does not meet the requirements.
    (d) No terminal subject to this part shall transfer passengers to or 
from a passenger vessel subject to Part 120 of this chapter after 
November 16, 1996, unless it holds either a Terminal Security Plan that 
has been examined by the Coast Guard or a letter from the COTP stating 
that the Plan is currently under review by the Coast Guard and that 
normal operations may continue until the COTP has determined whether the 
Plan meets the requirements of Sec. 128.300.



Sec. 128.307  Plan: Amendment.

    (a) The operator of a passenger terminal subject to this part may 
initiate amendments to the Terminal Security Plan on its own as well as 
when directed by the COTP.
    (b) Each proposed amendment to the Plan initiated by the operator of 
a passenger terminal, including changes to the enclosures required by 
Sec. 128.300(a), must be submitted to the COTP for review at least 30 
days before the amendment is to take effect, unless a shorter period is 
allowed by the COTP. The COTP will examine the amendment and respond 
according to Sec. 120.305.
    (c) The COTP may direct the operator of a terminal subject to this 
part to amend its Plan if the COTP determines that implementation of the 
Plan is not providing effective security. Except in an emergency, the 
COTP will issue to the operator a written notice of matters to address 
and will allow the operator at least 60 days to submit proposed 
amendments.
    (d) If there is an emergency or other circumstance that makes the 
procedures in paragraph (c) of this section impracticable, the COTP may 
give to the operator of a terminal subject to this part an order to 
implement increased security measures immediately. The order will 
incorporate a statement of the reasons for it.



Sec. 128.309  Right of Appeal.

    Any person directly affected by a decision or action taken by the 
COTP under this part, may appeal that action or decision to the 
cognizant District Commander according to the procedures in 46 CFR 1.03-
15; the District Commander's decision on appeal may be further appealed 
to the Commandant according to the procedures in 46 CFR 1.03-25.

[[Page 51]]



SUBCHAPTER M--MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION





PART 130--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION--Table of Contents




Sec.
130.0  Dates.
130.1  Scope.
130.2  Definitions.
130.3  General.
130.4  Where to apply and obtain forms.
130.5  Time to apply.
130.6  Applications, general instructions.
130.7  Renewal of Certificates.
130.8  Financial responsibility, how established.
130.9  Individual Certificates.
130.10  Operator's responsibility for identification.
130.11  Master Certificates.
130.12  Certificates, denial or revocation.
130.13  Fees.
130.14  Enforcement.
130.15  Service of process.

Appendix--Financial Responsibility Application and Supporting Forms

    Authority: 33 U.S.C. 2716, 2716a; E.O. 12777, 3 CFR, 1991 Comp., p. 
351; 49 CFR 1.46.

    Source: CGD 83-039, 48 FR 46179, Oct. 11, 1983, unless otherwise 
noted.

    Editorial Note: The information collection requirements contained in 
this part were approved by the Office of Management and Budget under 
control number 2115-0528.



Sec. 130.0  Dates.

    (a) A Certificate will not be issued under this part on or after 
December 28, 1997.
    (b) A Certificate issued under this part on or after July 1, 1994, 
has the expiration date specified in Sec. 138.15 of this chapter.
[CGD 91-005, 59 FR 34210, July 1, 1994]



Sec. 130.1  Scope.

    (a) This part implements section 311(p)(1) of the Federal Water 
Pollution Control Act, as amended, and applies to all vessels using any 
port or place in the United States or the navigable waters of the United 
States except--
    (1) Vessels which are 300 gross tons or less;
    (2) Non-self-propelled barges which do not carry oil or hazardous 
substances as cargo or fuel; and
    (3) Public vessels.
    (b) This part sets forth the procedures for operators to demonstrate 
that they are financially able to meet their liability to the United 
States resulting from the discharge of oil or hazardous substances--
    (1) Into or upon the navigable waters of the United States, 
adjoining shorelines or waters of the contiguous zone; or
    (2) In connection with activities under the Outer Continental Shelf 
Lands Act, or the Deepwater Port Act of 1974; or
    (3) Which may affect natural resources belonging to, appertaining 
to, or under the exclusive management authority of the United States 
(including resources under the Fishery conservation and Management Act 
of 1976).
    (c) Upon the satisfactory demonstration of financial responsibility, 
the Commandant, U.S. Coast Guard issues Certificates of Financial 
Responsibility (Water Pollution) which are to be carried aboard the 
vessels covered by such Certificates.



Sec. 130.2  Definitions.

    As used in this part--
    (a) Act means the Federal Water Pollution Control Act, as amended 
(33 U.S.C. 1321).
    (b) Applicant means any vessel ``operator,'' as defined in paragraph 
(q) of this section, who has applied for a Certificate or for the 
renewal of a Certificate.
    (c) Application means Application for Certificate of Financial 
Responsibility (Water Pollution), Form CG-5358-8.
    (d) Cargo means goods or materials on board a vessel for purposes of 
transportation, in any quantity, whether in bulk or by lot, and 
regardless of whether transported under proprietary or nonproprietary 
shipping documents. Oil carried solely as operating fuel for equipment 
carrying barges, while on board such barges, is not within this 
definition.
    (e) Certificant means any operator, as defined in paragraph (q) of 
this section, who has been issued a Certificate.

[[Page 52]]

    (f) Certificate means a Certificate of Financial Responsibility 
(Water Pollution), Form CG-5358-10 issued by the U.S. Coast Guard under 
this part.
    (g) Commandant means the Commandant, U.S. Coast Guard.
    (h) Financial responsibility means proof of financial ability to 
reimburse the United States under the requirements of section 311(p)(1) 
of the Act.
    (i) Fuel means any oil or hazardous substance used or capable of 
being used to produce heat or power by burning.
    (j) Hazardous substances means any substance or substances 
designated as such by the Administrator of the Environmental Protection 
Agency under section 311(b) of the Act. Generally, hazardous substances 
are those elements and compounds, other than oil, which, when 
discharged, may present an imminent and substantial danger to the public 
health or welfare including, but not limited to, fish, shellfish, 
wildlife, shorelines and beaches.
    (k) Inland oil barge means a non-self-propelled vessel over 300 
gross tons capable of carrying oil in bulk as cargo and which is 
certificated by the U.S. Coast Guard to operate only in the inland 
waters of the United States, while operating in such waters. Regardless 
of the actual routes traveled by a barge, it is not an ``Inland oil 
barge'' unless it possesses Coast Guard certification to that effect.
    (l) Inland waters of the United States means those waters of the 
United States lying inside the baseline from which the territorial sea 
is measured and those waters outside such baseline which are a part of 
the Gulf Intracoastal Waterway.
    (m) Insurer means one or more acceptable insurance companies, 
corporations, or associations of underwriters, shipowners protection and 
indemnity associations, or other persons acceptable to the Coast Guard.
    (n) Master Certificate means a Certificate issued to builders, 
repairers, scrappers, and sellers of vessels under Sec. 130.11.
    (o) Navigable waters of the United States means the waters of the 
United States, including the territorial sea.
    (p) Oil means oil of any kind or in any form, including, but not 
limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with 
wastes other than dredged spoil.
    (q)Operator or Vessel operator means any person, including, but not 
limited to, an owner, a demise charterer or other contractor who 
conducts or who is responsible for the operation of a vessel. Persons 
who are responsible for vessels in the capacity of a builder, repairer, 
scrapper, or seller are included in this definition of operator.
    (r) Owner or Vessel owner means any person holding legal or 
equitable title to a vessel. In a case where a Certificate of Registry 
or equivalent document has been issued, the owner is the person or 
persons whose name or names appear thereon as owner: Provided, however, 
That where a Certificate of Registry has been issued in the name of the 
president or secretary of an incorporated company under 46 U.S.C. 15, 
such incorporated company is the owner.
    (s) Person includes, but is not limited to, an individual, a 
government, a firm, a corporation, an association, a partnership, a 
joint-stock company, a business trust, or an unincorporated 
organization.
    (t) Public vessel means a vessel, not engaged in commerce, the 
operator of which is the Government of the United States or a State or 
political subdivision thereof, or the government of a foreign nation.
    (u) Remove, removing, or removal means--
    (1) The removal of oil or hazardous substances from the water and 
shorelines;
    (2) The taking of such other actions as may be necessary to minimize 
or mitigate damage to the public health or welfare (including, but not 
limited to, fish, shellfish, wildlife, and public or private property, 
shorelines and beaches), resulting from a discharge or substantial 
threat of a discharge of oil or a hazardous substance; and
    (3) The restoration or replacement of natural resources damaged or 
destroyed as the result of a discharge of oil or a hazardous substance 
in violation of section 311(b) of the Act.
    (v) Underwriter means an insurer, a surety company, a guarantor, or 
any other person, other than the operator,

[[Page 53]]

which undertakes to pay the liability of the operator.
    (w) United States means any place under the jurisdiction of the 
United States, including, but not limited to the States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Trust Territory of the Pacific 
Islands.
    (x) Vessel means every description of watercraft or other artificial 
contrivance which is used, or capable of being used, as a means of 
transportation on water, and which is over 300 gross tons. Drilling rigs 
are included within this definition, except when at a drilling site and 
in a drilling mode. Public vessels are not included in this definition.



Sec. 130.3  General.

    (a) No vessel shall use any port or place in, or the navigable 
waters of, the United States, unless that vessel has a Certificate 
covering that vessel and its operator.
    (b) The gross tonnage of a vessel is the tonnage indicated in the 
vessel's Certificate of Registry or, in the absence thereof, other 
marine documents acceptable to the Coast Guard.
    (c) If a vessel has more than one gross tonnage, the higher tonnage 
applies unless the vessel operator states in writing that the vessel 
never operates in any United States waters under such higher tonnage.



Sec. 130.4  Where to apply and obtain forms.

    (a) Any operator who wishes to be issued a Certificate (including a 
Master Certificate) shall file or cause to be filed with the Coast Guard 
an application, fees and evidence of financial responsibility at the 
following address:

    Commandant (G-MER-1), U.S. Coast Guard Headquarters, 2100 Second 
Street SW, Washington, DC 20593.

    (b) Application procedures are set forth in the remaining paragraphs 
of this section and in Secs. 130.5 and 130.6. Regulations concerning 
fees are set forth in Sec. 130.13, and regulations concerning evidence 
of financial responsibility are set forth in Sec. 130.8. Regulations 
concerning Master Certificates (i.e., special Certificates applicable 
only in connection with vessels held solely for building, repair, 
scrapping, or sale) are set forth in Sec. 130.11.
    (c) Application forms may be obtained from the Headquarters address 
set forth in paragraph (a) of this section.
    (d) All requests for assistance, including telephone inquiries, in 
completing applications should be directed to the Commandant's staff in 
Washington, DC (202) 267-0530.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.5  Time to apply.

    (a) A vessel operator who wishes to obtain a Certificate must file a 
completed application, fees, and evidence of financial responsibility at 
least 21 days before the date the Certificate is required.
    (b) Applications are processed in the order in which they are filed.



Sec. 130.6  Applications, general instructions.

    (a) All applications and supporting documents shall be in English. 
All monetary terms shall be in U.S. currency.
    (b) The spaces on the application shall be filled in with the 
information requested or the phrase ``Not applicable.'' Applicants for a 
Master Certificate should refer to Sec. 130.11.
    (c) The application shall--
    (1) Be signed by an authorized official of the applicant, whose 
title shall be shown in the space provided on the application; and
    (2) Be accompanied by a written statement providing authority to 
sign, where the signer is not disclosed as an individual (sole 
proprietor) applicant, a partner in a partnership applicant, or an 
authorized officer of a corporate applicant.
    (d) If, before the issuance of a Certificate, the applicant becomes 
aware of a change in any of the facts contained in the application or 
supporting documentation, the applicant shall, within five days of 
becoming aware of the

[[Page 54]]

change, notify the Commandant (G-MER-1), in writing, of the change.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.7  Renewal of Certificates.

    (a) Written applications for renewal Certificates shall be made to 
the Commandant (G-MER-1) at least 21 days, but not earlier than 90 days, 
before the expiration dates of existing Certificates.
    (b) Each renewal application shall be accompanied by appropriate 
recertification fees, identify any changes since the original 
application was filed, and set forth the correct information in full.

[CGD 83-039, 48 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.8  Financial responsibility, how established.

    (a) General. In addition to filing an application, each applicant 
shall demonstrate the ability to pay the amount necessary to meet the 
removal cost liability under section 311 of the Act by establishing 
evidence of financial responsibility. The required amount of evidence of 
financial responsibility is separate from and in addition to the amount, 
if any, required of the applicant under Part 131 (Financial 
Responsibility for Oil Pollution-Alaska Pipeline) of this subchapter.
    (b) Methods. An applicant shall establish evidence of financial 
responsibility by any one of, or by an acceptable combination of, the 
following methods:
    (1) Insurance. Insurance may be established by filing with the 
Commandant (G-MER-1) an insurance form CG-5358-9 (master insurance form 
CG-5358-9A when applying for a Master Certificate) executed by an 
insurer acceptable to the Coast Guard.
    (2) Surety Bond. An applicant may file with the Commandant (G-MER-
1), a surety bond form CG-5358-9B, executed by a surety company 
acceptable to the Coast Guard. To be acceptable, surety companies must, 
at a minimum, be certified by the U.S. Department of the Treasury with 
respect to the issuance of Federal bonds in the penal sum of the bonds 
to be issued under this part.
    (3) Self-insurance. An applicant may establish financial 
responsibility as a self-insurer by maintaining, in the United States, 
working capital and net worth, each in the amount of $150 per gross ton 
of the largest vessel to be self-insured or $250,000, whichever is 
greater. As used in this subparagraph, ``working capital'' means the 
amount of current assets located in the United States, less all current 
liabilities; and ``net worth'' means the amount of all assets located in 
the United States less all liabilities. Maintenance of the required 
working capital and net worth shall be demonstrated by submitting with 
the initial application the items specified in paragraph (b)(3)(i) of 
this section for the applicant's last fiscal year preceding the date of 
application. Thereafter, for each of the applicant's fiscal years the 
applicant shall submit the items specified in paragraphs (b)(3) (i) and 
(ii) of this section and shall be subject to the provisions of 
paragraphs (b)(3) (iii), (iv), (v), and (vi) of this section:
    (i) Initial and annual submissions. An applicant/certificant shall 
submit an annual, current nonconsolidated balance sheet and an annual, 
current nonconsolidated statement of income and surplus, certified by an 
independent Certified Public Accountant. Those financial statements 
shall be accompanied by an additional statement from the applicant's/
certificant's Treasurer (or equivalent official), certifying to both the 
amount of current assets and the amount of total assets included in the 
accompanying balance sheet, which are located in the United States and 
acceptable for purposes of this part, i.e., not pledged for purposes of 
Part 131 of this subchapter. If the balance sheet and statement of 
income and surplus cannot be submitted in nonconsolidated form, 
consolidated statements may be submitted if accompanied by an additional 
statement prepared by the involved Certified Public Accountant, 
certifying to the amount by which the applicant's/ certificant's--
    (A) Assets, located in the United States and acceptable under this 
part, exceed total (i.e., worldwide) liabilities; and

[[Page 55]]

    (B) Current assets, located in the United States and acceptable 
under this part, exceed its current liabilities. Each additional 
statement must specifically name the applicant/certificant, indicate 
that the amounts so certified relate only to the applicant/certificant, 
apart from any other entity, and identify the consolidated financial 
statement to which it applies.
    (ii) Semiannual submissions. When the applicant's/certificant's 
self-insurance covers a vessel that carries oil or hazardous substances 
in bulk as cargo and its demonstrated net worth is not at least 10 times 
the required amount, an affidavit shall be filed by the applicant's/
certificant's corporate Treasurer (or equivalent official for a 
nonocorporate entity) covering the first six months of the applicant's/
certificant's fiscal year. Such affidavits shall state that neither the 
working capital nor the net worth have, during the first six months, 
fallen below the required amounts.
    (iii) Additional submissions. Additional financial information shall 
be submitted upon request of the Coast Guard. All applicants/
certificants who choose self-insurance shall notify the Commandant (G-
MER-1) within five days of the date such persons know, or have reason to 
believe, theat the amounts of working capital or net worth have fallen 
below the amounts required.
    (iv) Time for submissions. All required annual financial statements 
shall be received by the Coast Guard within three calendar months after 
the close of the applicant's/certificant's fiscal year, and all six 
month affidavits within one calendar month after close of the applicable 
six month period. Upon written request, the Commandant (G-MER-1) grants 
a reasonable extension of the time limits for filing financial 
statements/affidavits; Provided, That the request sets forth sufficient 
reason to justify the requested extension and is received 15 days before 
the statements/affidavits are due. The Commandant does not consider a 
request for an extension of more than 45 days.
    (v) Failure to submit. Failure to timely file any statement, data, 
or affidavit required by paragraph (b)(3) of this section shall cause 
the revocation of the Certificate.
    (vi) Waivers of submissions. For good cause shown in writing by the 
applicant/certificant, the Commandant (G-MER-1) waives the working 
capital requirement if the applicant/certificant is--
    (A) An economically regulated public utility;
    (B) A municipal or higher level governmental entity; or
    (C) An entity operating solely as a charitable, nonprofitmaking 
organization.

The Coast Guard considers good cause to have been shown when the 
applicant/certificant demonstrates in writing that the grant of such 
waiver would benefit at least a local public interest without resulting 
in undue risk to the environment and without resulting in undue risk 
that the applicant's/certificant's removal cost liability could not be 
met. In addition, for good cause shown in writing by the applicant/
certificant, the Commandant (G-MER-1) waives the working capital 
requirement where it can be demonstrated that working capital is not a 
significant factor in the applicant's/certificant's financial condition. 
An applicant's/certificant's net worth in relation to the amount of its 
exposure under the Act, and a history of stable operations are major 
elements in such demonstration.
    (4) Guaranty. An applicant/certificant may file with the Commandant 
(G-MER-1), a guaranty form CG-5358-9C (master guaranty form CG-5358-9D 
when applying for a Master Certificate) executed by a guarantor 
acceptable to the Coast Guard. A guarantor shall comply with all of the 
self-insurance provisions of paragraph (b)(3) of this section. In 
addition, the amounts of working capital and net worth required to be 
demonstrated by an acceptable guarantor shall be no less than the 
aggregate amounts underwritten as a guarantor and self-insurer under 
this part, and Part 131 of this subchapter.
    (5) Other methods. An applicant may choose any other method 
specially justified and acceptable to the Coast Guard.
    (c) Forms--general. Application form CG-5358-8, insurance form CG-
5358-9, master insurance form CG-5358-9A, surety bond form CG-5358-9B, 
guaranty

[[Page 56]]

form CG-5358-9C, and master guaranty form CG-5358-9D, as appended to 
this part, are hereby incorporated into this part. If more than one 
insurer, guarantor, or surety joins in executing an insurance, guaranty, 
or surety bond form, such action constitutes joint and several liability 
for such joint underwriters. Each form submitted to the Coast Guard 
under this part shall set forth in full the correct legal name of vessel 
operator to whom Certificates are to be issued.
    (d) Direct action. Forms CG-5358-9 through CG-5358-9D and any other 
undertaking accepted under this part, shall permit the commencement of 
an action in court for removal cost claims arising under the provisions 
of section 311 of the Act by the claimant (including a claimant by right 
of subrogation) directly against the underwriter. Such forms and other 
undertakings shall also provide that in the event such action is brought 
directly against the underwriter, such underwriter shall be entitled to 
invoke only those rights and defenses permitted by section 311(p)(3) of 
the Act.
    (e) Public access to data. Financial data filed by applicants, 
certificants, and underwriters shall be public information to the extent 
required by the Freedom of Information Act and permitted by the Privacy 
Act.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.9  Individual Certificates.

    (a) An individual Certificate for each vessel listed on a completed 
application is issued by the Coast Guard when acceptable evidence of 
financial responsibility has been provided and appropriate fees have 
been paid except, where Master Certificates are issued under 
Sec. 130.11. Certificates are issued only to vessel operators and are 
effective for three years from the date of issue.
    (b) The original Certificate shall be carried on the vessel named on 
the Certificate. However, a legible copy (certified as accurate by a 
notary public or other person authorized to take oaths) may be carried 
in lieu of the original Certificate if the vessel is an unmanned barge 
and does not have a facility which the vessel operator believes would 
offer suitable protection for the original Certificate. If a copy is 
carried aboard a barge, the original shall be retained at a location in 
the United States and shall by readily accessible for inspection by U.S. 
Government officials.
    (c) Erasures or other alterations on a Certificate or copy are 
prohibited (even if made by Government authorities) and automatically 
void a Certificate or copy.
    (d) If at any time after a Certificate has been issued a certificant 
becomes aware of a change in any of the facts contained in the 
application or supporting documentation, the certificant shall notify 
the Commandant (G-MER-1), in writing, within 10 days of becoming aware 
of the change.
    (e) If for any reason, including a vessel's demise or transfer to a 
new operator, a certificant ceases to be the operator of a vessel, the 
certificant shall, within 10 days, complete the reverse side of the 
original Certificate for the involved vessel and return it to the 
Commandant (G-MER-1). Such Certificate and any copy thereof is 
automatically void (whether or not returned to the Coast Guard), and its 
use is prohibited. Where such voided Certificate cannot be returned 
because it has been lost or destroyed, the certificant shall, as soon as 
possible, submit the following written information to the Commandant (G-
MER-1):
    (1) The number of the Certificate and the name of the vessel.
    (2) The date and reason why the certificant ceased to be the 
operator of the vessel.
    (3) The location of the vessel on the date the certificant ceased to 
be the operator.
    (4) The name and mailing address of the person to whom the vessel 
was sold or transferred.
    (f) In the event of the temporary transfer of a vessel certificated 
under this part, where the certificant transferring the vessel continues 
to be responsible for liabilities to which such vessel could be 
subjected under section 311 of the Act, and continues to maintain on 
file adequate evidence of financial responsibility with respect to such

[[Page 57]]

vessel, the existing Certificate will remain in effect and the new 
operator shall not be required to obtain an additional Certificate.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.10   Operator's responsibility for identification.

    (a) Except in the case of unmanned barges, operators who are not 
also the owners of certificated vessels shall carry on board such 
vessels the original or legible copy of the demise charter-party or any 
other written document which demonstrates that such operators are, in 
fact, the operators designated on the certificates.
    (b) The documents required by paragraph (a) of this section shall be 
presented for examination to U.S. Government officials upon request.



Sec. 130.11  Master Certificates.

    (a) A contractor or other person who is responsible for vessels in 
the capacity of a builder, repairer, scrapper, or seller may choose to 
apply for a Master Certificate in lieu of applying for an individual 
Certificate for each vessel. A Master Certificate is designed to cover 
all of such applicant's vessels, provided each of such vessels is held 
by the applicant solely for purposes of construction, repair, scrapping 
or sale. A vessel which is being operated commercially in any business 
venture, including the business of building, repairing, scrapping, or 
selling other vessels (e.g., a slop barge used by a shipyard), is not 
eligible to be covered by a Master Certificate. Any vessel that requires 
a Certificate but is not eligible for a Master Certificate shall be 
covered by a separate Certificate under Sec. 130.9.
    (b) The application procedure for a Master certificate is the same 
as for other Certificates. Acceptable evidence of financial 
responsibility may be established by any of the methods in 
Sec. 130.8(b), except insurance form CG-5358-9 and guaranty form CG-
5358-9C. Applications shall be completed in full, except for Item 5. The 
applicant shall make the following statement in Item 5: ``This is an 
application for a Master Certificate. The largest vessel to be covered 
by this application is ---------- gross tons.'' The gross tonnage 
indicated by the applicant in such statement may not exceed the 
applicant's dollar amount of financial responsibility divided by $150.
    (c) Each Master Certificate shall indicate--
    (1) The name of the operator (the applicant builder, repairer, 
scrapper, or seller);
    (2) The dates of issuance and termination, encompassing a period of 
not more than three years; and
    (3) The gross tonnage of the largest vessel eligible for coverage by 
that Master Certificate. The gross tonnage indicated on a particular 
Master Certificate shall be determined by the amount of financial 
responsibility established by the applicant under the optional methods 
set forth in Sec. 130.8(b) (a master insurance form, a surety bond, 
self-insurance, or a master guaranty form). Master Certificates will not 
name the vessels covered by such Certificates.
    (d) Additional vessels (none of which exceed the tonnage indicated 
on the Master Certificate, all of which are eligible for coverage by a 
Master Certificate, and all of which are held solely for the purpose of 
construction, repair, scrapping or sale) shall be automatically covered 
by that Master Certificate. However, before acquiring a vessel (by any 
means, including conversion of an existing vessel) of a larger gross 
tonnage than the tonnage indicated on the existing Master Certificate, 
the certificant shall submit:
    (1) Evidence of increased financial responsibility to cover the 
larger vessel.
    (2) A new certification fee.
    (3) Either a new application form or a letter amending the existing 
application form to reflect the new gross tonnage which is to be 
indicated on a new Master Certificate.
    (e) A person to whom a Master Certificate has been issued shall 
submit to the Commandant (G-MER--1), every six months beginning with the 
month in which the Master Certificate is issued, a report indicating the 
name, previous name, or other identifying information and gross tonnage 
of each vessel covered by the Master Certificate during the six-month 
reporting period.

[[Page 58]]

    (f) A copy of the Master Certificate shall be carried aboard each 
vessel covered by the Master Certificate. The original Certificate shall 
be retained at a U.S. location and be kept readily accessible for 
inspection by U.S. Government officials.
    (g) Upon revocation or other invalidation of the Master Certificate, 
the original Certificate shall be returned within 10 days to the 
Commandant (G-MER-1) and all copies shall be destroyed by the person in 
whose name the Certificate was issued. The use of an invalid Master 
Certificate or any copy thereof is prohibited.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.12   Certificates, denial or revocation.

    (a) A Certificate is denied or revoked for any of the following 
reasons:
    (1) Making any willfully false statement to the Coast Guard in 
connection with an application for an initial Certificate or a request 
for a renewal Certificate or the retention of an existing Certificate.
    (2) Failure to establish or maintain acceptable evidence of 
financial responsibility.
    (3) Failure to comply with or respond to lawful inquiries, 
regulations, or orders of the Coast Guard pertaining to activities 
subject to this part.
    (4) Failure to timely file the statements or affidavits required by 
Sec. 130.9(b)(3) (i), (ii), or (iii).
    (5) Cancellation or termination of any insurance form, surety bond, 
guaranty or other undertaking under this part unless acceptable 
substitute evidence of financial responsibility has been submitted.
    (b) Denial or revocation of a Certificate is immediate and without 
prior notice where the applicant or certificant--
    (1) Is no longer the responsible operator of the vessel in question;
    (2) Fails to furnish acceptable evidence of financial responsibility 
in support of an application; or
    (3) Permits the cancellation or termination of the insurance form, 
surety bond, guaranty or other undertaking upon which the continued 
validity of the Certificate was based. In any other case, before the 
denial or revocation of a Certificate, the Commandant (G-MER-1) advises 
the applicant or certificant, in writing, of the intention to deny or 
revoke the Certificate, and states the reason therefor.
    (c) If the reason for an intended revocation is failure to file the 
required financial statements or affidavits, the revocation is effective 
10 days after the date of the notice of intention to revoke, unless the 
certificant shall, before revocation, demonstrate that the required 
statements were timely filed.
    (d) If the intended denial or revocation is based upon one of the 
reasons in paragraph (a) (1) or (3) of the section, the applicant or 
certificant may request, in writing, a hearing to show that the 
applicant or certificant is in compliance with this part, and, if the 
request is received within 30 days after the date of the notification of 
intention to deny or revoke, the Coast Guard schedules a hearing. 
Hearings are conducted in accordance with Sec. 135.223 of this 
subchapter.

[CGD 83-039, 48 FR 46179, Oct. 11, 1983, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



Sec. 130.13  Fees.

    (a) This section establishes the application fee imposed by the 
Coast Guard for processing applications, and also establishes the 
certification fee imposed for the issuance or renewal of Certificates.
    (b) No Certificate is issued unless the fees set forth in paragraphs 
(d) and (e) of this section have been paid.
    (c) Fees shall be paid in United States currency, by check, draft or 
postal money order made payable to the U.S. Coast Guard.
    (d) Each applicant who submits an application for the first time 
shall pay an initial, nonrefundable application fee of $75. Only one 
application fee is necessary where an applicant submits an application 
for individual Certificates and a separate application for a Master 
Certificate. Applications for additional Certificates, or to amend or 
renew existing Certificates, do not require new application fees. 
However,

[[Page 59]]

once an application is withdrawn or denied for any reason, and the same 
applicant, holding no valid Certificates, wishes to reapply for a 
Certificate (covering the same or new vessel), a new application and 
application fee of $75 shall be filed.
    (e) In addition to a $75 application fee, applicants shall pay a $40 
fee for each Certificate issued, whether an individual Certificate or 
Master Certificate. Applicants shall submit such certification fee for 
each vessel listed in, or later added to, an application for individual 
Certificates. The $40 certification fee is required to renew or to 
reissue a Certificate for any reason, including, but not limited to, a 
name change or a lost Certificate.
    (f) Certification fees are refunded, upon receipt of a written 
request, if the application is withdrawn or denied before issuance of 
the Certificates. Overpayments of application and certification fees are 
refunded on request only if the refund is $20 or more. However, any 
overpayments not refunded are credited, for a period of two years from 
the date of receipt of the monies by the Coast Guard, for the 
applicant's possible future use under this part.



Sec. 130.14  Enforcement.

    (a) any vessel operator who fails to comply with this part is 
subject to a fine of not more than $10,000 for each failure.
    (b) The Secretary of the Treasury may refuse to grant the clearance 
required by section 4197 of the Revised Statutes of the United States, 
as amended (46 U.S.C. 91), to any vessel subject to section 311(p) of 
the Act which does not have a Certificate issued under this part.
    (c) The Coast Guard denies entry to any port or place in the United 
States or the navigable waters of the United States and detains, at the 
port or place in the United States from which it is about to depart for 
any other port or place in the United States, any vessel subject to 
section 311(p) of the Act, which, upon request, does not produce a valid 
Certificate.

[CGD 96-052, 62 FR 31340, June 9, 1997]



Sec. 130.15  Service of process.

    (a) When executing the forms required by this part, each applicant 
and underwriter shall designate thereon a person in the United States as 
its agent for service of process for the purpose of section 311 of the 
Act of this part.
    (b) Each designation shall be acknowledged in writing by the 
designee unless that party has already furnished the Coast Guard with a 
``master'' concurrence showing it has agreed in advance to act as the 
United States agent for service of process for the applicant and 
underwriter in question.
    (c) When the designated agent cannot be served because of death, 
disability, or unavailability, the Commandant becomes the agent for 
service of process.
    (d) When serving the Commandant, the server shall also--
    (1) Send to the applicant, certificant, or underwriter, by 
registered mail, at its last address on file with the Coast Guard, a 
copy of each document served upon the Commandant; and
    (2) Attest to that mailing at the time service is made upon the 
Commandant.

[[Page 60]]

   APPENDIX--FINANCIAL RESPONSIBILITY APPLICATION AND SUPPORTING FORMS
[GRAPHIC] [TIFF OMITTED] TC18OC91.000


[[Page 61]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.001



[[Page 62]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.002



[[Page 63]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.003



[[Page 64]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.004



[[Page 65]]

                      DEPARTMENT OF TRANSPORTATION

                            U.S. Coast Guard

                            CG-5358-9 (6-83)

                   Insurance Co. Form No. ------------

      INSURANCE FORM CG-5358-9 FURNISHED AS EVIDENCE OF FINANCIAL 
 RESPONSIBILITY UNDER SUBSECTION 311(p) OF THE FEDERAL WATER POLLUTION 
                         CONTROL ACT, AS AMENDED

(Name of Insurer)_______________________________________________________
(hereinafter ``Insurer'') hereby certifies that for purposes of 
complying with the provisions of subsection 311(p) of the Federal Water 
Pollution Control Act, as amended (hereinafter ``Act''), each of the 
vessel operators specified in the schedules below is insured by it, in 
respect to each of the vessels respectively specified therein, against 
oil or hazardous substances removal cost liability to the United States 
to which such vessel operators could be subjected under section 311 of 
the Act. The amount of liability to which a vessel operator may be 
subjected under section 311 of the Act and which is insured herein is:
    1. In the case of a vessel which is an ``inland oil barge'' (as 
defined in section 311 of the Act) at the time of an incident which 
causes the United States Government to incur removal costs, $125 per 
gross ton or $125,000, whichever is greater; or
    2. In the case of a vessel which is not an ``inland oil barge'' (as 
defined in section 311 of the Act) at the time of an incident which 
causes the United States Government to incur removal costs, $150 per 
gross ton (or for a vessel carrying oil or hazardous substances as 
cargo, $250,000, whichever is greater).
    The foregoing amount of insurance coverage provided by the Insurer 
on behalf of the United States Government in respect to any vessel 
specified herein is not conditioned or dependent in any way upon any 
agreement or understanding between an assured operator and the Insurer 
that any such vessel is or is not an ``inland oil barge'', will or will 
not carry oil or certain hazardous substances, or will or will not 
operate in certain waters
    (Name of Agent -------------- with offices located at -------------- 
is hereby designated as the Insurer's agent for service of process for 
the purposes of section 311 of the Act and implementing rules at Part 
130 of Title 33, Code of Federal Regulations. If the designated agent 
cannot be served due to his death, disability, or unavailability, the 
Commandant, U.S. Coast Guard, becomes the agent for service of process.
    The Insurer consents to be sued directly in respect of any claim 
against any of the operators arising under subsections 311 (f) and (g) 
of the Act; provided, however, that in any such direct action its 
liability per vessel in any one incident shall not exceed, in the case 
of an inland oil barge, $125 per gross ton of the barge or $125,000 
whichever is greater. In the case of any other vessel, its liability per 
vessel in any one incident shall not exceed $150 per gross ton of the 
vessel (or, for a vessel carrying oil or hazardous substances as cargo, 
$250,000, whichever is greater). The Insurer shall be entitled to invoke 
only the rights and defenses permitted by section 311 of the Act to the 
vessel operator and the rights and defenses permitted by section 311 of 
the Act to the Insurer if an action were brought against the Insurer by 
the operator.
    The insurance evidenced by this undertaking shall be applicable only 
in relation to incidents occurring on or after the effective date and 
before the termination date of this undertaking, and shall be applicable 
only to incidents giving rise to claims under subsections 311 (f) and 
(g) of the Act in respect to any of the below-listed vessels.
    The effective date of this undertaking shall, for each vessel listed 
below, be the date the vessel is named in or added to the schedules 
below. For each vessel, the termination date of this undertaking shall 
be 30 days after the date of receipt of written notice by the U.S. Coast 
Guard (USCG) that the Insurer has elected to terminate the insurance 
evidenced by this undertaking, and has so notified the vessel operator.
    However, for any vessel which is carrying oil or hazardous 
substances in bulk as cargo that has been loaded before the scheduled 
date of termination, the termination shall not take effect until (1) 
completion of discharge of such cargo, or (2) until 60 days after the 
date of receipt by the USCG of written notice that the Insurer has 
elected to terminate the insurance evidenced by this undertaking, 
whichever date is earlier.
    Termination of this undertaking as to any vessel shall not affect 
the liability of the Insurer in connection with an incident occurring 
prior to the date such termination becomes effective.
    If during the currency of this undertaking a below-named operator 
requests that an additional vessel be made subject to this undertaking 
and if the Insurer should accede to the request and should so notify the 
USCG, then the vessel shall be included in the schedules below.
    If more than one insurer joins in executing this document, that 
action constitutes joint and several liability on the part of the 
insurers. The definitions in 33 CFR 130.2 apply to this undertaking.

Effective Date of Coverage for Vessels Originally Named on This 
Undertaking: Day/month/year              .

(Name of Insurer)_______________________________________________________
(Mailing Address)_______________________________________________________


[[Page 66]]

________________________________________________________________________
(Signature of Official Signing on Behalf of Insurer)____________________
(Typed Name and Title of Signer)________________________________________

Insurance Form CG-5358-9 (6/83) No. ------------

                SCHEDULE OF VESSELS AND ASSURED OPERATORS               
                                                                        
       Vessel                Gross tons             Assured operator    
                                                                        

Insurance Form CG-5358-9 (6/83) No. ------------

    SCHEDULE OF VESSELS AND ASSURED OPERATORS ADDED TO ABOVE SCHEDULE   
                                                                        
    Vessel         Gross tons       Assured operator       Date added   
                                                                        

Insurance Form CG-5358-9 (6/83) No. ------------

                      DEPARTMENT OF TRANSPORTATION

                            U.S. Coast Guard

                            CG-5358-9A (6/83)

                 Master Insurance Form No. ------------

  MASTER INSURANCE FORM CG-5358-9A FURNISHED AS EVIDENCE OF FINANCIAL 
RESPONSIBILITY FOR BUILDERS, REPAIRERS, SCRAPPERS, OR SELLERS OF VESSELS 
 UNDER SUBSECTION 311(p) OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS 
                                 AMENDED

(Name of Insurer)_______________________________________________________
(hereinafter ``Insurer'') hereby certifies that (Name of Assured) ------
-------- (hereinafter the ``Assured'') is insured by it against oil or 
hazardous substances removal cost liability to the United States for 
purposes of complying with the provisions of subsection 311(p) of the 
Federal Water Pollution Control Act, as amended, (hereinafter ``Act''). 
This undertaking shall be applicable in relation to vessels which the 
Assured may from time to time hold for purposes of construction, repair, 
scrapping, or sale. The maximum amount of insurance evidenced by this 
undertaking is $150 per gross ton of any such vessel or $250,000, 
whichever is greater, not to exceed $-------------- (This amount must 
not be less than $250,000) per vessel in anyone incident. The foregoing 
amount of insurance coverage provided by the Insurer on behalf of the 
United States Government in respect to any of the above-mentioned 
vessels is not conditioned or dependent in any way upon any agreement or 
understanding between the Assured and the Insurer that any of the 
vessels is or is not an ``inland oil barge'' (as defined in section 311 
of the Act), will or will not carry oil or certain hazardous substances, 
or will or will not operate in certain waters.
(Name of Agent)_________________________________________________________
with offices at --------------, is hereby designated as the Insurer's 
agent for service of process for the purposes of section 311 of the Act 
and implementing rules at Part 130 of Title 33, Code of Federal 
Regulations. If the designated agent cannot be served due to his death, 
disability, or unavailability, the Commandant, U.S. Coast Guard becomes 
the agent for service of process.
    The Insurer consents to be sued directly in respect of any claim 
against the Assured arising under subsections 311 (f) or (g) of the Act; 
provided, however, that in any such direct action (1) its liability per 
vessel in any one incident shall not exceed the amount stipulated in the 
first paragraph of this undertaking and (2) it shall be entitled to 
invoke only the rights and defenses permitted by section 311 of the Act 
to the Assured and the rights and defenses permitted by section

[[Page 67]]

311 of the Act to the Insurer if an action were brought against the 
Insurer by the Assured.
    The insurance evidenced by this undertaking shall be applicable only 
in relation to incidents giving rise to claims under subsection 311 (f) 
and (g) of the Act in respect to any of the above-mentioned vessels, 
occurring on or after the below-specified effective date of this 
undertaking and before the termination date of this undertaking. The 
termination date shall be the date 30 days after the date of receipt by 
the U.S. Coast Guard (USCG) of written notice that the Insurer has 
elected to terminate the insurance evidenced by this undertaking and has 
so notified the Assured.
    However, for any of the above-mentioned vessels which are carrying 
oil or hazardous substances in bulk as cargo that has been loaded before 
the scheduled date of termination, the termination shall not take effect 
(1) until completion of discharge of such cargo, or (2) until 60 days 
after the date of receipt by the USCG of written notice the Insurer has 
elected to terminate the insurance evidenced by this undertaking and has 
so notified the Assured, whichever date is earlier.
    Termination of this undertaking shall not affect the liability of 
the Insurer in connection with an incident occurring before the date 
termination becomes effective.
    If more than one insurer joins in executing this undertaking, that 
action constitutes joint and several liability on the part of the 
insurers. The definitions in 33 CFR 130 apply to this undertaking.

Effective Date:_________________________________________________________

(Name of Insurer)_______________________________________________________
(Mailing Address)_______________________________________________________
By:_____________________________________________________________________
(Signature of Official Signing on Behalf of
Insurer)________________________________________________________________
(Typed Name and Title of Signer)________________________________________

Master Insurance Form CG-5358-9A (6/83) No. ------

                      DEPARTMENT OF TRANSPORTATION

                            U.S. Coast Guard

                            CG-5358-9B (6/83)

                    Surety Co. Bond No. ------------

   OIL AND HAZARDOUS SUBSTANCES DISCHARGE SURETY BOND FORM CG-5358-9B 
   FURNISHED AS EVIDENCE OF FINANCIAL RESPONSIBILITY UNDER SUBSECTION 
      311(p) OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED

    KNOW ALL MEN BY THESE PRESENTS, that We (Name of Vessel Operator) --
------------ of (City) -------------- (State and Country) --------------
, as Principal (hereinafter called Principal), and (Name of Surety) ----
----------, a company created and existing under the laws of (State and 
Country) --------------, and authorized to do business in the United 
States, as Surety (hereinafter called Surety), are held and firmly bound 
unto the United States of America for oil or hazardous substances 
removal cost liability under section 311 of the Federal Water Pollution 
Control Act, as amended, (hereinafter ``Act'') in the penal sum of $----
---------- (Penal Sum May Not Be Less Than $250,000)

for which payment, well and truly to be made, we bind ourselves and our 
heirs, executors, administrators, successors, and assigns, jointly and 
severally, firmly by these presents. The foregoing penal sum is not 
conditioned or dependent in any way upon any agreement or understanding 
between the Principal and Surety that any vessel(s) is or is not an 
``inland oil barge'', will or will not carry oil or certain hazardous 
substances, or will or will not operate in certain waters.
    WHEREAS, the Principal intends to become or is a holder of a 
Certificate of Financial Responsibility (Water Pollution) under the 
provisions of Part 130 of Title 33, Code of Federal Regulations, and has 
elected to file with the U.S. Coast Guard (USCG) such a bond as will 
insure financial responsibility to meet any liability for removal costs 
incurred under section 311 of the Act; and
    WHEREAS, this bond is written to ensure compliance by the Principal 
with the requirements of subsection 311(p) of the Act, and shall inure 
to the benefit of claimants under subsections 311 (f) and (g) of the 
Act;
    NOW, THEREFORE, the condition of this obligation is that if the 
Principal shall pay or cause to be paid to claimants any sum or sums for 
which the Principal may be held legally liable under subsections 311 (f) 
or (g) of the Act, then this obligation, to the extent of such payment, 
shall be void, otherwise to remain in full force and effect.
    The liability of the Surety shall not be discharged by any payment 
or succession of payments hereunder, unless and until such payment or 
payments shall amount in the aggregate to the penalty of the bond. In no 
event shall the Surety's obligation hereunder exceed the amount of the 
penalty, provided that the Surety furnishes written notice to the USCG 
forthwith of all suits filed, judgments rendered, and payments made by 
the Surety under this bond.
    Any claim for which the Principal may be liable under subsections 
311 (f) or (g) of the Act may be brought against the Surety; Provided, 
however, that in the event of a direct claim the Surety shall be 
entitled to invoke only (1) the rights and defenses permitted by section 
311 of the Act to the Principal (vessel operator) and (2) the rights and 
defenses permitted by section 311 of the Act to the Surety if an action 
were brought against the Surety by the Principal.

[[Page 68]]

    This bond is effective the ------ day of ----------, 19----, 12:01 
a.m., standard time at the address of the Surety as stated herein and 
shall continue in force until terminated as hereinafter provided. The 
Principal or the Surety may at any time terminate this bond by written 
notice sent by certified mail to the other party with a copy (plainly 
indicating that the original notice was sent by certified mail) to the 
USCG at its office in Washington, D.C. The termination becomes effective 
thirty (30) days after actual receipt by the USCG or written notice; 
provided, however, that with respect to any of the Principal's vessels 
carrying oil or hazardous substances in bulk as cargo that has been 
loaded before the time the termination would otherwise have become 
effective, the termination shall not become effective (1) until 
completion of discharge of such cargo, or (2) until 60 days after the 
date of receipt by the USCG of written notice of termination of the bond 
by the above-named Principal or the Surety under the conditions set 
forth above, whichever date is earlier. The Surety shall not be liable 
hereunder in connection with an incident occurring after the termination 
of this bond as herein provided, but termination shall not affect the 
liability of the Surety in connection with an incident occurring before 
the date the termination becomes effective.
    The Surety designates (Name of Agent) -------------- with offices at 
--------------, as the Surety's agent for service of process for the 
purposes of section 311 of the Act and implementing rules at Part 130 of 
Title 33, Code of Federal Regulations. If the designated agent cannot be 
served due to his death, disability, or unavailability; the Commandant, 
U.S. Coast Guard, becomes the agent for service of process.
    If more than one surety company joins in executing this bond, that 
action constitutes joint and several liability on the part of the 
sureties. The definitions in 33 CFR 130.2 apply to this bond.
    In witness whereof, the above-named Principal and Surety have 
executed this instrument on the ------ day of ----------, 19----.

(Please type name of signer under each signature. In the case of 
partnership, each partner must sign.)

                                Principal

Individual Principal or Partner_________________________________________
(Business Address)______________________________________________________

Individual Principal or Partner_________________________________________
(Business Address)______________________________________________________

Individual Principal or Partner_________________________________________
(Business Address)______________________________________________________

Corporate Principal_____________________________________________________
Business Address________________________________________________________

By______________________________________________________________________
Title___________________________________________________________________

(Affix Corporate Seal)

CG-5358-9B (6/83)

Surety Co. Bond No. ------------

                                 Surety

Corporate Surety________________________________________________________
Business address________________________________________________________

By______________________________________________________________________
Title___________________________________________________________________

(Affix Corporate Seal)

CG-5358-9B (6/83)

Surety Co. Bond No. ------------

                      DEPARTMENT OF TRANSPORTATION

                            U.S. Coast Guard

                            CG-5358-9C (6/83)

                        Guaranty No. ------------

 GUARANTY FORM CG-5358-9C IN RESPECT OF LIABILITY FOR DISCHARGE OF OIL 
                        AND HAZARDOUS SUBSTANCES

    1. WHEREAS (Name of Vessel Operator) -------------- (hereinafter the 
``Operator'') is the Operator of the Vessel(s) specified in the annexed 
schedules (hereinafter ``Vessel'' or ``Vessels''), and whereas the 
Operator desires to establish its financial responsibility in accordance 
with subsection 311(p) of the Federal Water Pollution Control Act, as 
amended, (hereinafter the ``Act''), The undersigned Guarantor hereby 
guarantees, subject to the provisions of clause 4 hereof, to discharge 
the Operator's legal liability to the United States in respect to a 
claim for oil or hazardous substances removal costs under subsections 
311 (f) and (g) of the Act, in the event that such legal liability has 
not been discharged by the Operator within 21 days after the claimant 
has obtained a final judgment (after appeal, if any) against the 
Operator from a United States Federal or State Court of competent 
jurisdiction, or has become entitled to payment of a specified sum by 
virtue of a compromise settlement agreement made with the Operator, with 
the approval of the Guarantor. Upon payment of the agreed sum, the 
Operator is to be fully, irrevocably and unconditionally discharged from 
all further liability to the claimant with respect to the claim. The 
Operator's legal liability under section 311 of the Act, which is 
covered by this Guaranty, is:

    a. In the case of a Vessel which is an ``inland oil barge'' (as 
defined in section 311 of the Act) at the time of an incident which 
causes the United States Government to incur removal costs, $125 per 
gross ton or $125,000, whichever is greater; or

[[Page 69]]

    b. In the case of a Vessel which is not an ``inland oil barge'' (as 
defined in section 311 of the Act) at the time of an incident which 
causes the United States Government to incur removal costs, $150 per 
gross ton (or for a Vessel carrying oil or hazardous substances as 
cargo, $250,000, whichever is greater).

The foregoing amount of coverage provided by the Guarantor on behalf of 
the United States Government in respect to any of the Vessels is not 
conditioned or dependent in any way upon any agreement or understanding 
between the Operator and the Guarantor that any of the Vessels is or is 
not an ``inland oil barge,'' will or will not carry oil or certain 
hazardous substances, or will or will not operate in certain waters.
    2. The Guarantor's liability per Vessel in any one incident shall 
not exceed, in the case of an inland oil barge, $125 per gross ton of 
such barge or $125,000, whichever is greater, and in the case of any 
other Vessel, $150 per gross ton of such Vessel (or, for a Vessel 
carrying oil or hazardous substances as cargo, $250,000, whichever is 
greater), provided that the Guarantor furnishes written notice to the 
U.S. Coast Guard (USCG) forthwith of all suits filed, judgments 
rendered, and payments made by the Guarantor under this Guaranty.
    3. The Guarantor's liability under this Guaranty shall attach only 
in relation to incidents giving rise under subsections 311 (f) and (g) 
of the Act to causes of action against the Operator in respect of any of 
the Vessels for removal of oil or hazardous substances, within the 
meaning of section 311 of the Act, occurring on or after the effective 
date of this Guaranty, which, as to each of the Vessels, shall be the 
date the Vessel is named in Schedule A or added to Schedule B below, and 
before the termination date of this Guaranty, which, as to each of the 
Vessels, shall be the date 30 days after the date of receipt by the USCG 
of written notice that the Guarantor has elected to terminate this 
Guaranty, with respect to any of the Vessels, and has so notified the 
Operator; provided, however, that with respect to any Vessel carrying 
oil or hazardous substances in bulk as cargo that has been loaded before 
the scheduled date of termination, the termination shall not become 
effective (1) until completion of discharge of such cargo, or (2) until 
60 days after the date of receipt by the USCG of written notice of 
termination, whichever date is earlier. Termination of this Guaranty as 
to any of the Vessels shall not affect the liability of the Guarantor in 
connection with an incident occurring before the date termination 
becomes effective.
    4. Any claim against the Operator arising under subsections 311 (f) 
or (g) of the Act may be brought directly against the Guarantor; 
provided, however, that in the event of a direct claim the Guarantor 
shall be entitled to invoke only (1) the rights and defenses permitted 
by section 311 of the Act to the vessel operator and (2) the rights and 
defenses permitted by section 311 of the Act to the Guarantor if the 
action were brought against the Guarantor by the operator.
    5. If, during the currency of this Guaranty, the Operator requests 
that a vessel operated by the Operator, and not specified in the annexed 
Schedules A and B, should become subject to this Guaranty, and if the 
Guarantor accedes to the request and so notifies the USCG in writing, 
then the vessel becomes one of the Vessels included in Schedule B and 
subject to this Guaranty.
    6. The Guarantor hereby designates (Name of Agent) -------------- 
with offices at --------------, as the Guarantor's agent in the United 
States for service of process for purposes of section 311 of the Act and 
implementing rules at Part 130 of Title 33, Code of Federal Regulations. 
If the designated agent cannot be served due to his death, disability or 
unavailability, the Commandant, U.S. Coast Guard, becomes the agent for 
service of process.
    7. If more than one guarantor joins in executing this Guaranty, that 
action constitutes joint and several liability on the part of the 
guarantors.
    8. The definitions in 33 CFR 130 apply to this Guaranty.

Effective Date: (Month/Day/Year and Place of Execution)--------------.

(Type Name of Guarantor)________________________________________________
(Type Address of Guarantor)_____________________________________________

By: (Signature)--------------
(Type Name and Title of Person Signing Above)___________________________

CG-5358-9C (6/83) Guaranty No. ------------

                  SCHEDULE A--VESSELS INITIALLY LISTED                  
                                                                        
       Vessels               Gross tons                 Operator        
                                                                        

CG-5358-9C (6/83) Guaranty No. ------------

          SCHEDULE B--VESSELS ADDED IN ACCORDANCE WITH CLAUSE 5         
                                                                        
    Vessels         Gross tons           Operator          Date added   
                                                                        

CG-5358-9C (6/83) Guaranty No. ------------

[[Page 70]]

                      DEPARTMENT OF TRANSPORTATION

                            U.S. Coast Guard

               CG-5358-9D (6/83) Master Guaranty No.------

MASTER GUARANTY FORM CG-5358-9D IN RESPECT OF LIABILITY FOR DISCHARGE OF 
OIL AND HAZARDOUS SUBSTANCES (BUILDERS, REPAIRERS, SCRAPPERS, OR SELLERS 
                               OF VESSELS)

    1. WHEREAS (Name of Vessel Operator) -------------- (hereinafter the 
``Operator'') is, or from time to time may become, the Operator of a 
vessel or vessels held for purposes of construction, repair, scrapping, 
or sale (hereinafter ``Vessel'' or ``Vessels''), and whereas the 
Operator desires to establish its financial responsibility in accordance 
with subsection 311(p) of the Federal Water Pollution Control Act, as 
amended, (hereinafter the ``Act''), the undersigned Guarantor hereby 
guarantees, subject to the provisions of clause 4 hereof, to discharge 
the Operator's legal liability to the United States in respect to a 
claim for oil or hazardous substances removal costs under subsections 
311 (f) and (g) of the Act, in the event that such legal liability has 
not been discharged by the Operator within 21 days after the claimant 
has obtained a final judgment (after appeal, if any) against the 
Operator from a United States Federal or State Court of competent 
jurisdiction, or has become entitled to payment of a specified sum by 
virtue of a compromise settlement agreement made with the Operator, with 
the approval of the Guarantor, whereby, upon payment of the agreed sum, 
the Operator is to be fully, irrevocably and unconditionally discharged 
from all further liability to the claimant with respect to the claim. 
The amount of coverage provided by this Guaranty on behalf of the United 
States is the amount of the Operator's legal liability under section 311 
of the Act. This amount is not conditioned or dependent in any way upon 
any agreement or understanding between the Operator and the Guarantor 
that any of the Vessels is or is not an ``inland oil barge'' (as defined 
in section 311 of the Act), will or will not carry oil or certain 
hazardous substances, or will or will not operate in certain waters.
    2. The Guarantor's maximum liability per Vessel in any one incident 
is $150 per gross ton of the Vessel or $250,000, whichever is greater, 
but shall in no event exceed --------------, (This amount must not be 
less than $250,000) provided that the Guarantor furnishes written notice 
to the U.S. Coast Guard (USCG) forthwith of all suits filed, judgments 
rendered, and payments made by the Guarantor under this Guaranty.
    3. The Guarantor's liability under this Guaranty shall attach only 
in relation to incidents giving rise under subsections 311 (f) and (g) 
of the Act to causes of action against the Operator in respect of any of 
the Vessels for removal of oil or hazardous substances, within the 
meaning of section 311 of the Act, occurring on or after the effective 
date of this Guaranty and before the termination date of this Guaranty, 
which shall be the date 30 days after the date of receipt by the USCG of 
written notice the Guarantor has elected to terminate this Guaranty and 
has so notified the Operator; provided, however, that with respect to 
any Vessel which is carrying oil or hazardous substances in bulk as 
cargo that has been loaded before to the scheduled date of termination, 
the termination shall not become effective (1) until completion of 
discharge of such cargo, or (2) until 60 days after the date of receipt 
by the USCG of written notice of termination, whichever date is earlier. 
Termination of this Guaranty as to the Vessels shall not affect the 
liability of the Guarantor in connection with an incident occurring 
before the date termination becomes effective.
    4. Any claim against the Operator arising under subsection 311 (f) 
or (g) of the Act may be brought directly against the Guarantor; 
provided, however, that in the event of a direct claim the Guarantor 
shall be entitled to invoke only (1) the rights and defenses permitted 
by section 311 of the Act to the Vessel Operator and (2) the rights and 
defenses permitted by section 311 of the Act to the Guarantor if the 
action were brought against the Guarantor by the Operator.
    5. The Guarantor hereby designates (Names of Agent) --------------, 
with offices at --------------, as the Guarantor's agent in the United 
States for service of process for purposes of section 311 of the Act and 
implementing rules at Part 130 of Title 33, Code of Federal Regulations. 
If the designated agent cannot be served due to his death, disability, 
or unavailability, the Commandant, U.S. Coast Guard, becomes the agent 
for service of process.
    6. If more than one guarantor joins in executing this Guaranty, that 
action constitutes joint and several liability on the part of the 
guarantors.
    7. The definitions in 33 CFR 130 apply to this Guaranty.

Effective Date: (Month/Day/Year and Place of Execution)--------------.

(Type Name of Guarantor)________________________________________________
(Type Address of Guarantor)_____________________________________________
(Signature)_____________________________________________________________
(Type Name and Title of Person Signing Above)___________________________

CG-5358-9D (6/83) Guaranty No. --------

[[Page 71]]



PART 133--OIL SPILL LIABILITY TRUST FUND; STATE ACCESS--Table of Contents




Sec.
133.1  Purpose.
133.3  Definitions.
133.5  Requests: General.
133.7  Requests: Amount.
133.9  Requests: Where made.
133.11  Requests: Contents.
133.13  Removal actions eligible for funding.
133.15  Determination of eligibility for funding.
133.17  Conduct of removal actions.
133.19  Recordkeeping.
133.21  Records retention.
133.23  Investigation to determine the source and responsible party.
133.25  Notification of Governor's designee.

    Authority: 33 U.S.C. 2712(e); E.O. 12777 (3 CFR, 1991 Comp., p. 
351); 49 CFR 1.46.

    Source: CGD 92-014, 57 FR 53969, Nov. 13, 1992, unless otherwise 
noted.



Sec. 133.1  Purpose.

    This part prescribes procedures for the Governor of a State to 
request payments from the Oil Spill Liability Trust Fund (the Fund) for 
oil pollution removal costs under section 1012(d)(1) of the Oil 
Pollution Act of 1990 (the Act) (33 U.S.C. 2712(d)(1)).



Sec. 133.3  Definitions.

    (a) As used in this part, the following terms have the same meaning 
as set forth in section 1001 of the Act (33 U.S.C. 2701): ``discharge'', 
``exclusive economic zone'', ``Fund'', ``incident'', ``National 
Contingency Plan'', ``navigable waters'', ``oil'', ``remove'', 
``removal'', ``removal costs'', ``responsible party'', ``State'', and 
``United States''.
    (b) As used in this part--
    Act means Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 
through 2719).
    Director, NPFC, means the person in charge of the U.S. Coast Guard 
National Pollution Funds Center or that person's authorized 
representative.
    NPFC means the U.S. Coast Guard National Pollution Funds Center, 
4200 Wilson Boulevard, suite 1000, Arlington, Virginia 22203-1804.
    On-Scene Coordinator or OSC means the Federal official predesignated 
by the Environmental Protection Agency or the U.S. Coast Guard to direct 
and coordinate all efforts for removal of a discharge, or the mitigation 
or the prevention of a substantial threat of a discharge, of oil.
    Removal action means an incident-specific activity taken under this 
part to contain or remove a discharge, or to mitigate or prevent a 
substantial threat of a discharge, of oil.



Sec. 133.5  Requests: General.

    (a) Upon a request submitted in accordance with this part by the 
Governor of a State or his or her designated State official, the OSC may 
obtain a Federal Project Number (FPN) and a ceiling not to exceed 
$250,000 per incident for removal costs. The removal costs must be for 
the immediate removal of a discharge, or the mitigation or prevention of 
a substantial threat of a discharge, of oil.
    (b) Before a request under this part is made, the State official 
shall ensure that the procedures in the National Contingency Plan (40 
CFR part 300) for notifying Federal authorities of the discharge or 
threat of discharge have been met.
    (c) The Federal Grant and Cooperative Agreement Act of 1977 (31 
U.S.C. 6301-6308) and 49 CFR parts 18, 20, 29, and 90 apply to Fund 
monies obligated for payment under this part.



Sec. 133.7  Requests: Amount.

    (a) The amount of funds that may be requested under this part--
    (1) Is limited to the amount anticipated for immediate removal 
action for a single oil pollution incident, but, in any event, may not 
exceed $250,000 per incident;
    (2) Must be for removal costs consistent with the National 
Contingency Plan; and
    (3) Must be reasonable for the removal actions proposed, considering 
such factors as quantity and composition of the oil, weather conditions 
and customary costs of similar services in the locale.
    (b) The funds requested are obligated only to the extent they are 
determined to be for immediate removal actions which are reasonable and 
otherwise eligible for payment under this part.

[[Page 72]]



Sec. 133.9  Requests: Where made.

    Requests for access to the Fund under Sec. 133.5 must be made by 
telephone or other rapid means to the OSC.



Sec. 133.11  Request: Contents.

    In making a request for access to the Fund, the person making the 
request shall--
    (a) Indicate that the request is a State access request under 33 CFR 
part 133;
    (b) Give his or her name, title, department, and State;
    (c) Describe the incident in sufficient detail to allow a 
determination of jurisdiction, including at a minimum the date of the 
occurrence, type of product discharged, estimated quantity of the 
discharge, body of water involved, and proposed removal actions for 
which funds are being requested under this part; and
    (d) Indicate the amount of funds being requested.



Sec. 133.13  Removal actions eligible for funding.

    To be eligible for funding under this part, each removal action must 
meet the following:
    (a) Must be for an incident, occurring after August 18, 1990, which 
resulted in a discharge, or the substantial threat of a discharge, of 
oil into or upon the navigable waters or adjoining shorelines.
    (b) Must comply with the National Contingency Plan.
    (c) Must be an immediate removal action.



Sec. 133.15  Determination of eligibility for funding.

    Upon receipt of the information under Sec. 133.11 and, if necessary, 
from other sources determined to be appropriate at his or her 
discretion, the OSC will determine whether the proposed removal actions 
meet the requirements of Sec. 133.13. If necessary, the OSC may seek 
further clarification of the proposed actions from the State official. 
The OSC shall expeditiously notify the State official and the Director, 
NPFC, of his or her decision.



Sec. 133.17  Conduct of removal actions.

    Removal actions funded under this part must be coordinated with the 
OSC and conducted in accordance with the National Contingency Plan.



Sec. 133.19  Recordkeeping.

    (a) The State official shall maintain detailed records of 
expenditures made from the funds provided under this part, including 
records of--
    (1) Daily expenditures for each individual worker, giving the 
individual's name, title or position, activity performed, time on task, 
salary or hourly rate, travel costs, per diem, out-of-pocket or 
extraordinary expenses, and whether the individual is normally available 
for oil spill removal;
    (2) Equipment purchased or rented each day, with the daily or hourly 
rate;
    (3) Miscellaneous materials and expendables purchased each day; and
    (4) Daily contractor or consultant fees, including costs for their 
personnel and contractor-owned or rented equipment, as well as that of 
any subcontractor.
    (b) The State official shall submit a copy of these records and a 
summary document stating the total of all expenditures made to the NPFC 
official specified in Sec. 133.25(c) within thirty days after completion 
of the removal actions. A copy of these documents shall also be 
submitted to the cognizant OSC.
    (c) Upon request of the OSC or the NPFC, the State official shall 
make the original records available for inspection.
    (d) If, after inspecting the records, the Director, NPFC, determines 
that expenditures by a State official from funds obligated under this 
part were not eligible for funding under this part and the expenditures 
were not made with the good faith understanding that they were eligible 
under this part, the Director, NPFC, may seek reimbursement to the Fund 
from the State.



Sec. 133.21  Records retention.

    (a) The State official shall maintain all records for ten years 
following completion of the removal actions.
    (b) If any litigation, claim, negotiation, audit, cost recovery, or 
other action involving the records has been

[[Page 73]]

started before the expiration of the ten-year period, the records must 
be retained until completion of the action and resolution of all issues 
which arise from it, or until the end of the regular ten-year period, 
whichever is later.



Sec. 133.23  Investigation to determine the source and responsible party.

    (a) The State official shall promptly make a thorough investigation 
to determine the source of the incident and the responsible party.
    (b) Upon completion of the investigation, the State official shall 
forward the results of the investigation and copies of the supporting 
evidence identifying the source and the responsible party to both the 
cognizant OSC and the NPFC official specified in Sec. 133.25(c).



Sec. 133.25  Notification of Governor's designee.

    (a) If the Governor of a State anticipates the need to access the 
Fund under this part, he or she must advise the NPFC in writing of the 
specific individual who is designated to make requests under this part.
    (b) This designation must include the individual's name, address, 
telephone number, and title or capacity in which employed.
    (c) The information required by paragraph (b) of this section must 
be forwarded to the Chief, Case Management Division, National Pollution 
Funds Center, Suite 1000, 4200 Wilson Boulevard, Arlington, Virginia 
22203-1804.



PART 135--OFFSHORE OIL POLLUTION COMPENSATION FUND--Table of Contents




                           Subpart A--General

Sec.
135.1  Purpose.
135.3  Applicability.
135.5  Definitions.
135.7  Delegation--Fund Administrator.
135.9  Fund address.

                         Subpart B--Levy of Fees

135.101  Purpose.
135.103  Levy and payment of barrel fee on OCS oil.

       Subpart C--Financial Responsibility for Offshore Facilities

135.201  Applicability.
135.203  Amount required.
135.204  Submission of evidence.
135.205  Methods of establishing.
135.207  Insurance as evidence.
135.209  Guaranty as evidence.
135.210  Indemnity as evidence.
135.211  Surety bond as evidence.
135.213  Qualification as self-insurer.
135.215  Certification.
135.219  Notification of changes affecting certification.
135.221  Reapplication for certification.
135.223  Certificates, denial or revocation.

             Subpart D--Notification of Pollution Incidents

135.303  Definitions.
135.305  Notification procedures.
135.307  Notification contents.

                Subpart E--Access, Denial, and Detention

135.401  Access to vessel, Certificates of Financial Responsibility.
135.403  Sanctions for failure to produce vessel Certificates of 
          Financial Responsibility.
135.405  Appeal provisions.

    Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 49 CFR 
1.46.

    Source: CGD 77-055, 44 FR 16868, Mar. 19, 1979, unless otherwise 
noted.



                           Subpart A--General



Sec. 135.1  Purpose.

    (a) This part prescribes the policies, procedures, and 
administrative practices regarding offshore oil pollution liability and 
compensation, including the administration and general operation of the 
fund established under Title III of the Outer Continental Shelf Lands 
Act Amendments of 1978 (Pub. L. 95-372, 43 U.S.C. 1811 et. seq.).



Sec. 135.3  Applicability.

    (a) This part applies to each person who:
    (1) Owns oil obtained from the Outer Continental Shelf when the oil 
in produced;
    (2) Owns, operates, or is the guarantor of the owner or operator of 
any vessel;

[[Page 74]]

    (3) Owns, operates, or is the guarantor of the owner or operator of 
any offshore facility;
    (4) Sustains an economic loss as a consequence of oil pollution 
arising from Outer Continental Shelf activities; or
    (5) Otherwise has responsibilities under Title III of the Act and 
the regulations in this part.



Sec. 135.5  Definitions.

    (a) As used in this part, the following terms shall have the same 
meaning as defined in section 301 of Title III of the Outer Continental 
Shelf Lands Act Amendments of 1978 (Pub. L. 95-372): ``barrel''; 
``claim''; ``discharge''; ``facility''; ``Fund''; ``guarantor''; 
``incident''; ``offshore facility''; ``oil pollution''; ``operator''; 
``owner''; ``person''; ``person in charge''; ``public vessel''; and 
``vessel''.
    (b) As used in this part:
    (1) Act means Title III of the Outer Continental Shelf Lands Act 
Amendments of 1978 (Pub. L. 95-372), entitled ``Offshore Oil Spill 
Pollution Fund''.
    (2) Captain of the Port means a Coast Guard officer designated as 
Captain of the Port for the areas described in Part 3 of this chapter, 
or that person's authorized representative or, where there is no Captain 
of the Port area, the District Commander.
    (3) Commandant means the Commandant of the Coast Guard or that 
person's authorized representative.
    (4) District Commander means the Coast Guard officer commanding a 
Coast Guard District described in Part 3 of this chapter, or that 
person's authorized representative.
    (5) Fund Administrator means the person to whom the authority and 
functions of the Commandant as administrator of the Fund are delegated.
    (6) Oil means petroleum, including crude oil or any fraction or 
residue therefrom and natural gas condensate, except that the term does 
not include natural gas.
    (7) Outer Continental Shelf or OCS means ``outer Continental Shelf'' 
as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C.1331(a)).



Sec. 135.7  Delegation--Fund Administrator.

    (a) The Fund Administrator is delegated authority to perform those 
functions assigned or delegated to the Secretary of Transportation under 
the Act not reserved by the Secretary of Transportation or the 
Commandant.
    (b) The Fund Administrator may redelegate and authorize successive 
redelegations of the authority granted in paragraph (a) of this section 
within the command under which that person has jurisdiction or to 
members of the Fund staff.



Sec. 135.9   Fund address.

    The address to which correspondence relating to the Coast Guard's 
administration of the Fund should be directed is: Funds Management 
Branch, Commandant (G-MER-4), U.S. Coast Guard Headquarters, 2100 Second 
Street, SW, Washington, DC 20593-0001.

[CGD 86-032, 52 FR 23175, June 18, 1987, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988]



                         Subpart B--Levy of Fees



Sec. 135.101  Purpose.

    (a) The purpose of this subpart is to state the general requirements 
concerning the levy of fees.



Sec. 135.103  Levy and payment of barrel fee on OCS oil.

    (a) A fee of $.03 per barrel is levied on all oil produced on the 
OCS and is imposed upon the owner of the oil when such oil is produced.
    (b) The owner of oil obtained from the OCS shall, for the purpose of 
computing the barrel fee levied in paragraph (a) of this section, 
measure OCS oil production by employing the methods and criteria of the 
Minerals Management Service contained in 30 CFR 250.180.
    (c) The barrel fee levied in paragraph (a) of this section applies 
whenever the unobligated Fund balance is less than $200,000,000.
    (d) Payment of the fee levied in paragraph (a) of this section is 
made in accordance with the fee collection regulations of the IRS at 26 
CFR part 301,

[[Page 75]]

Sec. 301.9001. Federal government entitlement to royalty oil does not 
constitute ownership of oil at time of production. The Fund 
Administrator advises the IRS when the unobligated Fund balance requires 
starting or stopping the collection of the barrel fee levied in this 
section, so the IRS may provide appropriate notice to affected owners of 
OCS oil.

[CGD 88-050, 53 FR 52997, Dec. 30, 1988, as amended by CGD 90-005, 55 FR 
17268, Apr. 24, 1990]



       Subpart C--Financial Responsibility for Offshore Facilities



Sec. 135.201  Applicability.

    (a) This subpart applies to the owner or operator of each offshore 
facility required by the Act to establish and maintain evidence of 
financial responsibility.
    (b) For the purpose of this subpart:
    (1) All structures, including platforms, wells, and pipelines, are 
considered a single offshore facility if they are physically connected, 
located upstream of the point of custody transfer, within the same oil 
field, and under one ownership.
    (2) If separate parts of a structure, including platforms and 
pipelines, are owned separately, each part having common ownership is 
considered a separate offshore facility.
    (3) A mobile offshore drilling unit is considered an offshore 
facility from the moment a drill shaft or other device connected to the 
unit first touches the seabed or connects to a well for the purposes of 
exploration, development, or production of oil until drilling is 
completed and the unit is no longer attached to the well or drill hole 
by any device.
    (4) A mobile offshore drilling unit considered an offshore facility 
under paragraph (b)(3) of this section remains a separate facility when 
physically connected to another offshore facility, unless both are under 
one ownership.
    (5) All segments of a common carrier pipeline from the point of 
custody transfer to the shore, including any pumping or booster 
stations, which are under one ownership are considered a single offshore 
facility.
    (6) Any pipeline, which is under one ownership, between two offshore 
facilities, or between an offshore facility and the shore, is considered 
a single offshore facility.
    (7) Offshore facilities which drill for, produce, or process only 
natural gas are not subject to this subpart unless the facilities have 
the capacity to transport, store, or otherwise handle more than 1,000 
barrels of condensate at any one time.

    Note: Regulations governing financial responsiblity and 
certification for vessels are promulgated by the Federal Maritime 
Commission.



Sec. 135.203  Amount required.

    (a) Each facility that is used for drilling for, producing, or 
processing oil, or which has the capacity to transport, store, transfer, 
or otherwise handle more than one thousand barrels of oil at any one 
time must be covered by evidence of financial responsibility submitted 
by or on behalf of the owner or operator of the facility, in the amount 
of $35,000,000.
    (b) Evidence of financial responsibility established and maintained 
by a person who owns or operates more than one facility, or who has an 
interest in the ownership or operation of more than one facility, may be 
applied by that person towards establishing and maintaining the required 
evidence of financial responsibility for each facility in which that 
person has an interest, if the evidence is available to satisfy 
liabilities arising out of incidents involving those facilities.



Sec. 135.204  Submission of evidence.

    (a) Where the offshore facility is owned and operated solely by one 
person, that person must establish and maintain evidence of financial 
responsibility covering the facility.
    (b) Where the offshore facility is owned in its entirety by one 
person and operated solely by another person, evidence of financial 
responsibility covering the facility must be established and maintained 
by either the owner or the operator, or, in consolidated form, by both 
the owner and operator.
    (c) Where the offshore facility is owned or operated by more than 
one

[[Page 76]]

person, evidence of financial responsibility covering the facility must 
be established and maintained by any one of the owners or operators, or, 
in consolidated form, by or on behalf of two or more owners or 
operators.
    (d) When evidence of financial responsibility is established in a 
consolidated form, the proportional share of each participant must be 
shown. The evidence must be accompanied by a statement authorizing the 
applicant to act for and in behalf of each participant in submitting and 
maintaining the evidence of financial responsibility.
    (e) Each owner and operator of a facility is subject to the penalty 
provided by section 312(a) of the Act if evidence of financial 
responsibility is not established and maintained for that facility.



Sec. 135.205  Methods of establishing.

    (a) Evidence of financial responsibility may be established by any 
one, or any combination acceptable to the Fund Administrator, of the 
following methods:
    (1) Insurance;
    (2) Guaranty;
    (3) Indemnity;
    (4) Surety bond; or
    (5) Qualification as self-insurer.
    (b) The Fund Administrator will accept alternative evidence of 
financial responsibility if, in the Fund Administrator's opinion, it 
establishes an equivalent degree of financial responsibility for the 
purposes of this subpart.



Sec. 135.207  Insurance as evidence.

    (a) Insurance filed with the Fund Administrator as evidence of 
financial responsibility shall be issued by an insurer that is 
acceptable to the Fund Administrator. Those insurers may include 
domestic and foreign insurance companies, corporations or associations 
of individual insurers, protection and indemnity associations, or other 
persons acceptable to the Fund Administrator.
    (b) An insurer must:
    (1) Agree to be sued directly, within the limits of the policy 
coverage, by any person for claims under the Act against the owner or 
operator; and
    (2) Designate an agent in the United States for service of process.
    (c) Insurance as evidence of financial responsibility must indicate 
the effective date in the endorsement on the application for Certificate 
of Financial Responsibility, and must remain in force until the date of 
termination indicated in the endorsement or until--
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person insured, notification of intent to cancel; 
or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the insurance applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of insurance coverage shall not affect the liability 
of the insurer for an incident occurring before the effective date of 
termination.
    (e) Confirmation of insurance may be accepted from an insurance 
broker that is acceptable to the Fund Administrator, subject to the Fund 
Administrator's approval of the individual underwriters, in lieu of 
their signature on an application, provided the confirmation:
    (1) States the insurance covers liabilities under the Act;
    (2) Sets forth the limit and deductible;
    (3) Provides for direct action against the individual underwriters 
to the extent of their contracts;
    (4) Names the underwriters and percentages of the limit accepted by 
each;
    (5) States that the underwriters agree to give prior written notice 
of cancellation or change to the Fund Administrator as required in 
paragraph (c) of this section; and
    (6) States that the notice indicated in paragraph (e)(5) of this 
section will not affect the underwriter's liability for incidents 
occurring before the effective date of cancellation.



Sec. 135.209  Guaranty as evidence.

    (a) Guarantors must:
    (1) Agree to be sued directly, within the limits the guaranty, by 
any person for claims under the Act against the owner or operator; and
    (2) Designate an agent in the United States for service of process.

[[Page 77]]

    (b) Guaranties filed as evidence of financial responsibility must be 
accompanied by the same proof that the Guarantor is financially 
responsible as this subpart would require of the owner or operator; i.e. 
insurance, surety bond, self-insurance, or other acceptable methods.
    (c) A guaranty as evidence of financial responsibility must indicate 
the effective date in the endorsement on the application for Certificate 
of Financial Responsibility, and must remain in force until the date of 
termination indicated in the endorsement or until:
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person guarantied, notification of intent to 
cancel; or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the guaranty applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of the guaranty shall not affect the liability of 
the guarantor for an incident occurring before the effective date of 
termination.



Sec. 135.210  Indemnity as evidence.

    (a) An indemnitor must:
    (1) Agree to be sued directly, within the limits of the contract 
coverage, by any person for claims under the Act against the owner or 
operator to the extent of the indemnity coverage; and
    (2) Designate an agent in the United States for service of process.
    (b) Indemnity filed as evidence of financial responsibility must be 
accompanied by the same proof of the indemnitor's financial 
responsibility as this subpart would require of the owner or operator; 
i.e. insurance, surety bond, self-insurance; or other acceptable 
methods.
    (c) An indemnity as evidence of financial responsibility must 
indicate the effective date in the endorsement on the application for 
Certificate of Financial Responsibility, and must remain in force until 
the date of termination indicated in the endorsement or until--
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person indemnified, notification of intent to 
cancel; or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the indemnity applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of an indemnity shall not affect the liability of 
the indemnitor for an incident occurring before the effective date of 
termination.



Sec. 135.211  Surety bond as evidence.

    (a) Each surety bond filed with the Fund Administrator as evidence 
of financial responsibility shall be issued by a bonding company that:
    (1) Is authorized to do business in the United States;
    (2) Is licensed to do business in the state or territory in which 
the bond is executed;
    (3) Is certified by the Department of the Treasury with respect to 
the issuance of Federal bonds in the penal sum of the bond; and
    (4) Designates an agent in the United States for service of process.
    (b) The bonding company must agree to be sued directly, within the 
limits of the surety bond, by any person for claims under the Act 
against the owner or operator.
    (c) A surety bond as evidence of financial responsibility must 
indicate the effective date in the endorsement on the application for 
Certificate of Financial Responsibility, and must remain in force until 
the date of termination indicated in the endorsement or until:
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person bonded, notification of intent to cancel; 
or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the surety bond applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of the surety bond shall not affect the liability of 
the surety for an incident occurring before the effective date of 
termination.

[[Page 78]]



Sec. 135.213  Qualification as self-insurer.

    (a) Qualification for self insurance must be supported by a copy of 
the self-insurer's current balance sheet, income statement, and 
statement of changes in financial position that are certified by an 
independent Certified Public Accountant and must be accompanied by 
either:
    (1) An additional statement confirming that the self-insurer's 
current U.S. assets, including those of consolidated subsidiaries held 
in the U.S., not including pledged assets or stock not publicly traded, 
exceed the current U.S. liabilities, and the self-insurers net worth 
exceeds the amount of the requested self-insurance; or
    (2) A statement, based on an analysis of the self-insurer's 
financial position, which shows that sufficient assets or cash flow, 
other than which might be damaged as a result of a pollution incident, 
are available which may be liquidated to provide the funds necessary to 
retire a claim for the amount of the self-insurance without placing the 
self-insurer in an insolvent position.
    (b) The statements required by paragraphs (a) (1) and (2) of this 
section must be prepared and submitted by the involved Certified Public 
Accountant when the required financial statements are prepared in 
consolidated form and the liability represents less than the full 
financial backing of the consolidated entity, otherwise they may be 
prepared and submitted by the Treasurer or equivalent official.
    (c) If the self-insurer files a Securities and Exchange Commission 
Form 10-K report, a copy of the self-insurer's most recent 10-K report 
must be filed with the Fund Administrator within 120 days after the end 
of the fiscal year to which it relates, in addition to filing the most 
recent 10-K report with the initial application.
    (d) Each self-insurer must file annually with the Fund 
Administrator, copies of documents required under paragraph (a) of this 
section, within 120 days after the close of the self-insurer's fiscal 
accounting period. If a self-insurer files a 10-K report with the Fund 
Administrator under paragraph (c) of this section which contains some of 
the financial statements required in paragraph (a), a separate filing of 
those specific statements need not be made.



Sec. 135.215  Certification.

    (a) Applicants shall:
    (1) If the facility is in existence before September 17, 1979, apply 
for a Certificate of Financial Responsibility before September 17, 1979.
    (2) If the offshore facility is not in existence on September 17, 
1979, apply for a Certificate of Financial Responsibility at least 45 
days before placing the offshore facility into operation or coverage 
becomes effective.
    (3) If submitting an application to include an additional facility 
under previously established evidence of financial responsibility, apply 
for a Certificate of Financial Responsibility as early as possible 
before the anticipated date of desired coverage.
    (b) Each application for a Certificate of Financial Responsibility 
must be made on a Coast Guard prescribed Application for Certificate of 
Financial Responsibility form, available from the Fund Administrator or 
any Coast Guard District Office. This form must be submitted for each 
facility; however, if evidence of financial responsibility has been 
previously established in an amount sufficient to meet Sec. 135.203 (a), 
no additional evidence need be submitted with the application.
    (c) Each application form submitted under this section must be 
signed by the applicant. A written statement proving authority to sign 
must also be submitted where the signer is not disclosed as an 
individual (sole proprietor) applicant, a partner in a partnership 
applicant, or a director or other officer of a corporate applicant.
    (d) Financial data or other information submitted under this section 
that is proprietary in nature, or constitutes a trade secret, must be 
clearly designated as such to insure confidential treatment by the Fund 
Administrator, under 5 U.S.C. 552, the Freedom of Information Act, which 
provides for exemption from disclosure of trade secret data.
    (e) If any of the information submitted for certification is 
determined by

[[Page 79]]

the Fund Administrator to be insufficient the Fund Administrator may 
require additional information before final consideration of the 
application.
    (f) Certificates, as issued, are to be considered property of the 
U.S. Government, are not to be altered in any manner, and must be 
surrendered on demand when revoked in accordance with Sec. 135.223 of 
this subpart.
    (g) Applicants shall obtain a Certificate of Financial 
Responsibility for each facility.



Sec. 135.219  Notification of changes affecting certification.

    (a) Each owner, operator, or guarantor of an offshore facility shall 
within ten days notify the Fund Administrator in writing when any 
changes occur which prevent the owner, operator, or guarantor, from 
meeting the obligations for which a Certificate of Financial 
Responsibility has been issued.
    (b) Based on notice of a change in financial capability under 
paragraph (a) of this section, the Fund Administrator may revoke a 
Certificate of Financial Responsibility.



Sec. 135.221  Reapplication for certification.

    (a) If a Certificate of Financial Responsibility becomes invalid for 
any reason, an application for a new certificate must be immediately 
submitted to the Fund Administrator in accordance with Sec. 135.204.



Sec. 135.223  Certificates, denial or revocation.

    (a) A certificate may be denied or revoked for any of the following 
reasons:
    (1) Making any willfully false statement to the Fund Administrator 
in connection with establishing or maintaining evidence of financial 
responsibility.
    (2) Failure of an applicant or certificant to establish or maintain 
evidence of financial responsibility as required by the regulations in 
this subpart.
    (3) Failure to comply with or respond to inquiries, regulations, or 
orders of the Fund Administrator concerning establishing or maintaining 
evidence of financial responsibility.
    (4) Failure to timely file the reports or documents required by 
Sec. 135.213 (c) and (d).
    (5) Cancellation or termination of any insurance policy, surety 
bond, indemnity, or guaranty issued under this subpart or modification 
thereto which reduces the financial capacity of the applicant or 
certificant to meet the requirements of this subpart, unless substitute 
evidence of financial responsibility has been submitted to and accepted 
by the Fund Administrator.
    (b) Denial or revocation of a certificate shall be immediate and 
without prior notice in a case where the applicant or certificant:
    (1) Is no longer the owner or operator of the offshore facility in 
question;
    (2) Fails to furnish acceptable evidence of financial responsibility 
in support of an application; or
    (3) Permits the cancellation or termination of the insurance policy, 
surety bond, indemnity, or guaranty upon which the continued validity of 
the certificate is based.
    (c) In any other case, before the denial or revocation of a 
certificate, the Fund Administrator advises the applicant or 
certificant, in writing, of the intention to deny or revoke the 
certificate, and shall state the reason therefor.
    (d) If the reason for an intended revocation is failure to file the 
reports or documents required by Sec. 135.213 (c) and (d) the revocation 
shall be effective 10 days after the date of receipt of the notice of 
intention to revoke, unless the certificant shall, before revocation, 
submit the required material or demonstrate that the required material 
was timely filed.
    (e) If the intended denial or revocation is based upon one of the 
reasons in paragraph (a)(1) or (a)(3) of this section, the applicant or 
certificant may request, in writing, a hearing to show that the 
applicant or certificant is in compliance with this subpart. If the 
applicant or certificant fails to file a timely request for a hearing, 
the denial or revocation is effective 10 days after receipt of the 
notice.
    (f) If a request for a hearing under paragraph (e) of this section 
is received by the Fund Administrator within 10

[[Page 80]]

days after the date of receipt of a notice of intention to deny or 
revoke, the Fund Administrator grants a hearing and notifies the 
requesting party of the date, time, and location of the hearing. If a 
requesting party fails to enter an appearance at the scheduled hearing, 
or in lieu thereof fails to submit written evidence for the 
consideration of the hearing official, denial or revocation is effective 
as of the scheduled date and time of the hearing, unless an extension of 
time is granted by the Fund Administrator for good cause shown.
    (g) Hearings under this section are informal and are conducted by an 
official designated by the Fund Administrator. The official conducting 
the hearing considers all relevant material submitted and makes 
recommendations to the Fund Administrator.
    (h) The Fund Administrator's decision is final agency action.



             Subpart D--Notification of Pollution Incidents



Sec. 135.303  Definitions.

    As used in this subpart:
    Occurrences which pose an imminent threat of oil pollution means 
those incidents that are likely to result in a discharge of oil and 
include, but are not limited to: vessel collisions, grounding or 
stranding; structural failure in a tank, pipeline or other oil handling 
system; fire, explosion or other events which may cause structural 
damage to a vessel or offshore facility.

[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended by CGD 91-035, 57 FR 
36316, Aug. 12, 1992]



Sec. 135.305  Notification procedures.

    (a) The person in charge of a vessel or offshore facility that is 
involved in an incident, including occurrences which pose an imminent 
threat of oil pollution shall, as soon as that person has knowledge of 
the incident, immediately notify by telephone, radio telecommunication 
or a similar rapid means of communication, in the following order of 
preference:
    (1) (Within or offshore of the 48 contiguous States only) The Duty 
Officer, National Response Center, U.S. Coast Guard, 400 Seventh Street 
SW., Washington, D.C. 20590, toll free telephone number 800-424-8802; or
    (2) The commanding officer or supervisor of any Coast Guard Marine 
Safety Office, Captain of the Port Office, Marine Safety Detachment or 
Port Safety Detachment in the vicinity of the incident; or
    (3) The commanding officer or officer in charge of any other Coast 
Guard unit in the vicinity of the incident; or
    (4) The Commander of any Coast Guard District.
    (b) Notification given in accordance with this subpart constitutes 
fulfillment of the requirements of Subpart C of 33 CFR Part 153 
concerning Notice of the Discharge of Oil.



Sec. 135.307  Notification contents.

    (a) In each notification provided under Sec. 135.305, the person in 
charge of the vessel or offshore facility involved in the incident shall 
provide his or her name and telephone number, or radio call sign, and, 
to the extent known, the:
    (1) Location, date and time of the incident;
    (2) Quantity of oil involved;
    (3) Cause of the incident;
    (4) Name or other identification of the vessel or offshore facility 
involved;
    (5) Size and color of any slick or sheen and the direction of 
movement;
    (6) Observed on scene weather conditions, including wind speed and 
direction, height and direction of seas, and any tidal or current 
influence present;
    (7) Actions taken or contemplated to secure the source or contain 
and remove or otherwise control the discharged oil;
    (8) Extent of any injuries or other damages incurred as a result of 
the incident;
    (9) Observed damage to living natural resources; and
    (10) Any other information deemed relevant by the reporting party or 
requested by the person receiving the notification.
    (b) The person giving notification of an incident must not delay 
notification to gather all required information and must provide any 
information not immediately available when it becomes known.

[[Page 81]]



                Subpart E--Access, Denial, and Detention



Sec. 135.401  Access to vessel, Certificates of Financial Responsibility.

    (a) The owner, operator, master or agent of any vessel subject to 
the Act shall, upon request by any Coast Guard officer or petty officer, 
permit access to the vessel and produce for examination the Certificate 
of Financial Responsibility.



Sec. 135.403  Sanctions for failure to produce vessel Certificates of Financial Responsibility.

    (a) The Captain of the Port issues denial or detention orders to the 
owner, operator, agent, or master of any vessel that cannot show upon 
request a valid Certificate of Financial Responsibility issued under the 
Act.
    (b) A denial order forbids entry of any vessel subject to the Act to 
any port or place in the United States or to the navigable waters of the 
United States.
    (c) A detention order detains any vessel subject to the Act at the 
port or place in the United States from which it is about to depart for 
any other port or place in the United States.
    (d) The Captain of the Port terminates a denial or detention order 
when the owner, operator, agent, or master of a vessel furnishes 
adequate evidence that the certification of financial responsibility 
requirements under the Act have been met.



Sec. 135.405  Appeal provisions.

    (a) The owner, operator, agent or master of a vessel issued a denial 
or detention order under this subpart may petition the District 
Commander in any manner to review that order.
    (b) Upon completion of review, the District Commander affirms, sets 
aside, or modifies the order.
    (c) Unless otherwise determined by the District Commander a denial 
or detention order remains in effect pending the outcome of any petition 
or appeal of that order.
    (d) The District Commander acts on all petitions or appeals within 
10 days of receipt.
    (e) The decision of the District Commander is final agency action.



PART 136--OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT--Table of Contents




                           Subpart A--General

Sec.
136.1  Purpose and applicability.
136.3  Information.
136.5  Definitions.
136.7  Foreign claimants.
136.9  Falsification of claims.

                      Subpart B--General Procedure

136.101  Time limitations on claims.
136.103  Order of presentment.
136.105  General requirements for a claim.
136.107  Subrogated claims.
136.109  Removal costs and multiple items of damages.
136.111  Insurance.
136.113  Other compensation.
136.115  Settlement and notice to claimant.

               Subpart C--Procedure for Particular Claims

                              Removal Costs

136.201  Authorized claimants.
136.203  Proof.
136.205  Compensation allowable.

                            Natural Resources

136.207  Authorized claimants.
136.209  Proof.
136.211  Compensation allowable.

                        Real or Personal Property

136.213  Authorized claimants.
136.215  Proof.
136.217  Compensation allowable.

                             Subsistence Use

136.219  Authorized claimants.
136.221  Proof.
136.223  Compensation allowable.

                           Government Revenues

136.225  Authorized claimants.
136.227  Proof.
136.229  Compensation allowable.

                      Profits and Earning Capacity

136.231  Authorized claimants.
136.233  Proof.
136.235  Compensation allowable.

                       Government Public Services

136.237  Authorized claimants.
136.239  Proof.
136.241  Compensation allowable.

[[Page 82]]

           Subpart D--Designation of Source and Advertisement

                                 General

136.301  Purpose.
136.303  Definitions.

                          Designation of Source

136.305  Notice of designation.
136.307  Denial of designation.

                              Advertisement

136.309  Advertisement determinations.
136.311  Types of advertisement.
136.313  Content of advertisement.

    Authority: 33 U.S.C. 2713, 2714; E.O. 12777, 3 CFR, 1991 Comp., p. 
351; 49 CFR 1.46.

    Source: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise 
noted.



                           Subpart A--General



Sec. 136.1  Purpose and applicability.

    (a) This part prescribes regulations for--
    (1) Presentation, filing, processing, settlement, and adjudication 
of claims authorized to be presented to the Oil Spill Liability Trust 
Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the 
Act) (33 U.S.C. 2713) for certain uncompensated removal costs or 
uncompensated damages resulting from the discharge, or substantial 
threat of discharge, of oil from a vessel or facility into or upon the 
navigable waters, adjoining shorelines, or the exclusive economic zone;
    (2) Designation of the source of the incident, notification to the 
responsible party of the designation, and advertisement of the 
designation and claims procedures; and
    (3) Other related matters.
    (b) This part applies to claims resulting from incidents occurring 
after August 18, 1990.
    (c) Nothing in this part--
    (1) Preempts the authority of any State or political subdivision 
thereof from imposing any additional liability or requirements with 
respect to--
    (i) The discharge of oil or other pollution by oil within such 
State; or
    (ii) Any removal activities in connection with such a discharge; or
    (2) Affects or modifies in any way the obligations or liabilities of 
any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
or State law, including common law; or
    (3) Affects the authority of any State--
    (i) To establish, or to continue in effect, a fund any purpose of 
which is to pay for costs or damages arising out of, or directly 
resulting from, oil pollution or the substantial threat of oil 
pollution; or
    (ii) To require any person to contribute to such a fund; or
    (4) Affects the authority of the United States or any State or 
political subdivision thereof to impose additional liability or 
additional requirements relating to a discharge, or substantial threat 
of a discharge, of oil.



Sec. 136.3  Information.

    Anyone desiring to file a claim against the Fund may obtain general 
information on the procedure for filing a claim from the Director, 
National Pollution Funds Center, suite 1000, 4200 Wilson Boulevard, 
Arlington, Virginia 22203-1804, (703) 235-4756.



Sec. 136.5  Definitions

    (a) As used in this part, the following terms have the same meaning 
as set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 
2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, 
facility, foreign claimant, foreign offshore unit, Fund, guarantor, 
incident, National Contingency Plan, natural resources, navigable 
waters, offshore facility, oil, onshore facility, owner or operator, 
person, removal costs, responsible party, State, United States, and 
vessel.
    (b) As used in this part--
    Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; 
33 U.S.C. 2701 through 2719).
    Director, NPFC, means the person in charge of the U.S. Coast Guard 
National Pollution Funds Center or that person's authorized 
representative.
    FOSC means the Federal On-Scene Coordinator designated under the 
National Contingency Plan or that person's authorized representative.
    NPFC means the U.S. Coast Guard National Pollution Funds Center, 
suite 1000, 4200 Wilson Boulevard, Arlington, Virginia 22203-1804.

[[Page 83]]



Sec. 136.7  Foreign claimants.

    In addition to other applicable limitations on presenting claims to 
the Fund, claims by foreign claimants to recover removal costs or 
damages may be presented only when the requirements of section 1007 of 
the Act (33 U.S.C. 2707) are met.



Sec. 136.9  Falsification of claims.

    Persons submitting false claims or making false statements in 
connection with claims under this part may be subject to prosecution 
under Federal law, including but not limited to 18 U.S.C. 287 and 1001. 
In addition, persons submitting written documentation in support of 
claims under this part which they know, or should know, is false or 
omits a material fact may be subject to a civil penalty for each claim. 
If any payment is made on the claim, the claimant may also be subject to 
an assessment of up to twice the amount claimed. These civil sanctions 
may be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 
3801-3812, as implemented in 49 CFR part 31.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                      Subpart B--General Procedure



Sec. 136.101  Time limitations on claims.

    (a) Except as provided under section 1012(h)(3) of the Act (33 
U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will consider a 
claim only if presented in writing to the Director, NPFC, within the 
following time limits:
    (1) For damages, within three years after--
    (i) The date on which the injury and its connection with the 
incident in question were reasonably discoverable with the exercise of 
due care.
    (ii) In the case of natural resources damages under section 
1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under 
paragraph (a)(1)(i) of this section, or within three years from the date 
of completion of the natural resources damage assessment under section 
1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later.
    (2) For removal costs, within six years after the date of completion 
of all removal actions for the incident. As used in this paragraph, 
``date of completion of all removal actions'' is defined as the actual 
date of completion of all removal actions for the incident or the date 
the FOSC determines that the removal actions which form the basis for 
the costs being claimed are completed, whichever is earlier.
    (b) Unless the Director, NPFC, directs in writing that the claim be 
submitted elsewhere, a claim is deemed presented on the date the claim 
is actually received at the National Pollution Funds Center, suite 1000, 
4200 Wilson Boulevard, Arlington, Virginia 22203-1804. If the Director, 
NPFC, directs that the claim be presented elsewhere, the claim is deemed 
presented on the date the claim is actually received at the address in 
the directive.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992]



Sec. 136.103  Order of presentment.

    (a) Except as provided in paragraph (b) of this section, all claims 
for removal costs or damages must be presented first to the responsible 
party or guarantor of the source designated under Sec. 136.305.
    (b) Claims for removal costs or damages may be presented first to 
the Fund only--
    (1) By any claimant, if the Director, NPFC, has advertised, or 
otherwise notified claimants in writing, in accordance with 
Sec. 136.309(e);
    (2) By a responsible party who may assert a claim under section 1008 
of the Act (33 U.S.C. 2708);
    (3) By the Governor of a State for removal costs incurred by that 
State; or
    (4) By a United States claimant in a case where a foreign offshore 
unit has discharged oil causing damage for which the Fund is liable 
under section 1012(a) of the Act (33 U.S.C. 2712(a)).
    (c) If a claim is presented in accordance with paragraph (a) of this 
section and--
    (1) Each person to whom the claim is presented denies all liability 
for the claim; or
    (2) The claim is not settled by any person by payment within 90 days 
after the date upon which (A) the claim was

[[Page 84]]

presented, or (B) advertising was begun pursuant to Sec. 136.309(d), 
whichever is later, the claimant may elect to commence an action in 
court against the responsible party or guarantor or to present the claim 
to the Fund.
    (d) No claim of a person against the Fund will be approved or 
certified for payment during the pendency of an action by the person in 
court to recover costs which are the subject of the claim.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992]



Sec. 136.105   General requirements for a claim.

    (a) The claimant bears the burden of providing all evidence, 
information, and documentation deemed necessary by the Director, NPFC, 
to support the claim.
    (b) Each claim must be in writing for a sum certain for compensation 
for each category of uncompensated damages or removal costs (as 
described in Subpart C of this part) resulting from an incident. If at 
any time during the pendency of a claim against the Fund the claimant 
receives any compensation for the claimed amounts, the claimant shall 
immediately amend the claim.
    (c) Each claim must be signed in ink by the claimant certifying to 
the best of the claimant's knowledge and belief that the claim 
accurately reflects all material facts.
    (d) In addition to the other requirements of this section, any claim 
presented by a legal representative of the claimant must also be signed 
by the legal representative and--
    (1) Be presented in the name of the claimant;
    (2) Show the title or legal capacity of the representative; and
    (3) Provide proof of authority to act for the claimant.
    (e) Each claim must include at least the following, as applicable:
    (1) The full name, street and mailing addresses of residence and 
business, and telephone numbers of the claimant.
    (2) The date, time, and place of the incident giving rise to the 
claim.
    (3) The identity of the vessel, facility, or other entity causing or 
suspected to have caused the removal costs or damages claimed and the 
basis for such identity or belief.
    (4) A general description of the nature and extent of the impact of 
the incident, the costs associated with removal actions, and damages 
claimed, by category as delineated in Subpart C of this part, including, 
for any property, equipment, or similar item damaged, the full name, 
street and mailing address, and telephone number of the actual owner, if 
other than the claimant.
    (5) An explanation of how and when the removal costs or damages were 
caused by, or resulted from, an incident.
    (6) Evidence to support the claim.
    (7) A description of the actions taken by the claimant, or other 
person on the claimant's behalf, to avoid or minimize removal costs or 
damages claimed.
    (8) The reasonable costs incurred by the claimant in assessing the 
damages claimed. This includes the reasonable costs of estimating the 
damages claimed, but not attorney's fees or other administrative costs 
associated with preparation of the claim.
    (9) To the extent known or reasonably identifiable by the claimant, 
the full name, street and mailing address, and telephone number of each 
witness to the incident, to the discharge, or to the removal costs or 
damages claimed, along with a brief description of that person's 
knowledge.
    (10) A copy of written communications and the substance of verbal 
communications, if any, between the claimant and the responsible party 
or guarantor of the source designated under Sec. 136.305 and a statement 
indicating that the claim was presented to the responsible party or 
guarantor, the date it was presented, that it was denied or remains not 
settled and, if known, the reason why it was denied or remains not 
settled.
    (11) If the claimant has insurance which may cover the removal costs 
or damages claimed, the information required under Sec. 136.111.
    (12) A statement by the claimant that no action has been commenced 
in court against the responsible party or guarantor of the source 
designated under Sec. 136.305 or, if an action has been

[[Page 85]]

commenced, a statement identifying the claimant's attorney and the 
attorney's address and phone number, the civil action number, and the 
court in which the action is pending.
    (13) In the discretion of the Director, NPFC, any other information 
deemed relevant and necessary to properly process the claim for payment.



Sec. 136.107   Subrogated claims.

    (a) The claims of subrogor (e.g., insured) and subrogee (e.g., 
insurer) for removal costs and damages arising out of the same incident 
should be presented together and must be signed by all claimants.
    (b) A fully subrogated claim is payable only to the subrogee.
    (c) A subrogee must support a claim in the same manner as any other 
claimant.



Sec. 136.109  Removal costs and multiple items of damages.

    (a) A claimant must specify all of the claimant's known removal 
costs or damages arising out of a single incident when submitting a 
claim.
    (b) Removal costs and each separate category of damages (as 
described in subpart C of this part) must be separately listed with a 
sum certain attributed to each type and category listed.
    (c) At the sole discretion of the Director, NPFC, removal costs and 
each separate category of damages may be treated separately for 
settlement purposes.



Sec. 136.111  Insurance.

    (a) A claimant shall provide the following information concerning 
any insurance which may cover the removal costs or damages for which 
compensation is claimed:
    (1) The name and address of each insurer.
    (2) The kind and amount of coverage.
    (3) The policy number.
    (4) Whether a claim has been or will be presented to an insurer and, 
if so, the amount of the claim and the name of the insurer.
    (5) Whether any insurer has paid the claim in full or in part or has 
indicated whether or not payment will be made.
    (b) If requested by the Director, NPFC, the claimant shall provide a 
copy of the following material:
    (1) All insurance policies or indemnification agreements.
    (2) All written communications, and a summary of all oral 
communications, with any insurer or indemnifier.
    (c) A claimant shall advise the Director, NPFC, of any changes in 
the information provided under this section.



Sec. 136.113  Other compensation.

    A claimant must include an accounting, including the source and 
value, of all other compensation received, applied for, or potentially 
available as a consequence of the incident out of which the claim arises 
including, but not limited to, monetary payments, goods or services, or 
other benefits.



Sec. 136.115  Settlement and notice to claimant.

    (a) Payment in full, or acceptance by the claimant of an offer of 
settlement by the Fund, is final and conclusive for all purposes and, 
upon payment, constitutes a release of the Fund for the claim. In 
addition, acceptance of any compensation from the Fund precludes the 
claimant from filing any subsequent action against any person to recover 
costs or damages which are the subject of the compensated claim. 
Acceptance of any compensation also constitutes an agreement by the 
claimant to assign to the Fund any rights, claims, and causes of action 
the claimant has against any person for the costs and damages which are 
the subject of the compensated claims and to cooperate reasonably with 
the Fund in any claim or action by the Fund against any person to 
recover the amounts paid by the Fund. The cooperation shall include, but 
is not limited to, immediately reimbursing the Fund for any compensation 
received from any other source for the same costs and damages and 
providing any documentation, evidence, testimony, and other support, as 
may be necessary for the Fund to recover from any person.
    (b) Claimant's failure to accept an offer of settlement within 60 
days after the date the offer was mailed to the claimant automatically 
voids the offer.

[[Page 86]]

The Director, NPFC, reserves the right to revoke an offer at any time.
    (c) A claimant will be notified in writing sent by certified or 
registered mail whenever a claim against the Fund is denied. The failure 
of the Director, NPFC, to make final disposition of a claim within six 
months after it is filed shall, at the option of the claimant any time 
thereafter, be deemed a final denial of the claim.
    (d) The Director, NPFC, upon written request of the claimant or of a 
person duly authorized to act on the claimant's behalf, reconsiders any 
claim denied. The request for reconsideration must be in writing and 
include the factual or legal grounds for the relief requested, providing 
any additional support for the claim. The request must be received by 
the Director, NPFC, within 60 days after the date the denial was mailed 
to the claimant or within 30 days after receipt of the denial by the 
claimant, whichever date is earlier. Reconsideration may only be 
requested once for each claim denied. The Director, NPFC will provide 
the claimant seeking reconsideration with written notification of the 
decision within 90 days after receipt of the request for 
reconsideration. This written decision is final. The failure of the 
Director, NPFC, to make final disposition of a reconsideration within 90 
days after it is received shall, at the option of the claimant any time 
thereafter, be deemed a final denial of the reconsideration.



               Subpart C--Procedures for Particular Claims

                              Removal Costs



Sec. 136.201  Authorized claimants.

    A claim for removal costs may be presented by any claimant.



Sec. 136.203  Proof.

    In addition to the requirements of Subparts A and B of this part, a 
claimant must establish--
    (a) That the actions taken were necessary to prevent, minimize, or 
mitigate the effects of the incident;
    (b) That the removal costs were incurred as a result of these 
actions;
    (c) That the actions taken were determined by the FOSC to be 
consistent with the National Contingency Plan or were directed by the 
FOSC.



Sec. 136.205  Compensation allowable.

    The amount of compensation allowable is the total of uncompensated 
reasonable removal costs of actions taken that were determined by the 
FOSC to be consistent with the National Contingency Plan or were 
directed by the FOSC. Except in exceptional circumstances, removal 
activities for which costs are being claimed must have been coordinated 
with the FOSC.

                            Natural Resources



Sec. 136.207  Authorized claimants.

    (a) Claims for uncompensated natural resource damages may be 
presented by an appropriate natural resources trustee. However, in order 
to facilitate the processing of these claims with respect to a single 
incident where multiple trustees are involved and to prevent double 
recovery, the affected trustees should select a lead administrative 
trustee who will present consolidated claims on behalf of the trustees.
    (b) A trustee may present a claim for the reasonable cost of 
assessing natural resources damages separately from a claim for the cost 
of developing and implementing plans for the restoration, 
rehabilitation, replacement, or acquisition of the equivalent of the 
natural resources damaged.



Sec. 136.209  Proof.

    In addition to the requirements of subparts A and B of this part, a 
trustee must do the following:
    (a) Submit the assessment and restoration plans which form the basis 
of the claim.
    (b) Provide documented costs and cost estimates for the claim. Final 
cost estimates for conducting damage assessments or implementing a 
restoration plan may form the basis for a claim against the Fund for an 
uncompensated natural resources damage claim.
    (c) Identify all trustees who may be potential claimants for the 
same natural resources damaged.

[[Page 87]]

    (d) Certify the accuracy and integrity of any claim submitted to the 
Fund, and certify that any actions taken or proposed were or will be 
conducted in accordance with the Act and consistent with all applicable 
laws and regulations.
    (e) Certify whether the assessment was conducted in accordance with 
applicable provisions of the natural resources damage assessment 
regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. 
2706(e)(1)). Identify any other or additional damage assessment 
regulations or methodology utilized.
    (f) Certify that, to the best of the trustee's knowledge and belief, 
no other trustee has the right to present a claim for the same natural 
resources damages and that payment of any subpart of the claim presented 
would not constitute a double recovery for the same natural resources 
damages.



Sec. 136.211  Compensation allowable.

    (a) The amount of compensation allowable is the reasonable cost of 
assessing damages, and the cost of restoring, rehabilitating, replacing, 
or acquiring the equivalent of the damaged natural resources.
    (b) In addition to any other provision of law respecting the use of 
sums recovered for natural resources damages, trustees shall reimburse 
the Fund for any amounts received from the Fund in excess of that amount 
required to accomplish the activities for which the claim was paid.

                        Real or Personal Property



Sec. 136.213  Authorized claimants.

    (a) A claim for injury to, or economic losses resulting from the 
destruction of, real or personal property may be presented only by a 
claimant either owning or leasing the property.
    (b) Any claim for loss of profits or impairment of earning capacity 
due to injury to, destruction of, or loss of real or personal property 
must be included as subpart of the claim under this section and must 
include the proof required under Sec. 136.233.



Sec. 136.215  Proof.

    (a) In addition to the requirements of subparts A and B of this 
part, a claimant must establish--
    (1) An ownership or leasehold interest in the property;
    (2) That the property was injured or destroyed;
    (3) The cost of repair or replacement; and
    (4) The value of the property both before and after injury occurred.
    (b) In addition, for each claim for economic loss resulting from 
destruction of real or personal property, the claimant must establish--
    (1) That the property was not available for use and, if it had been, 
the value of that use;
    (2) Whether or not substitute property was available and, if used, 
the costs thereof; and
    (3) That the economic loss claimed was incurred as the result of the 
injury to or destruction of the property.



Sec. 136.217  Compensation allowable.

    (a) The amount of compensation allowable for damaged property is the 
lesser of--
    (1) Actual or estimated net cost of repairs necessary to restore the 
property to substantially the same condition which existed immediately 
before the damage;
    (2) The difference between value of the property before and after 
the damage; or
    (3) The replacement value.
    (b) Compensation for economic loss resulting from the destruction of 
real or personal property may be allowed in an amount equal to the 
reasonable costs actually incurred for use of substitute commercial 
property or, if substitute commercial property was not reasonably 
available, in an amount equal to the net economic loss which resulted 
from not having use of the property. When substitute commercial property 
was reasonably available, but not used, allowable compensation for loss 
of use is limited to the cost of the substitute commercial property, or 
the property lost, whichever is less. Compensation for loss of use of 
noncommercial property is not allowable.

[[Page 88]]

    (c) Compensation for a claim for loss of profits or impairment of 
earning capacity under Sec. 136.213(b) is limited to that allowable 
under Sec. 136.235.

                             Subsistence Use



Sec. 136.219  Authorized claimants.

    (a) A claim for loss of subsistence use of natural resources may be 
presented only by a claimant who actually uses, for subsistence, the 
natural resources which have been injured, destroyed, or lost, without 
regard to the ownership or management of the resources.
    (b) A claim for loss of profits or impairment of earning capacity 
due to loss of subsistence use of natural resources must be included as 
part of the claim under this section and must include the proof required 
under Sec. 136.233.



Sec. 136.221  Proof.

    In addition to the requirements of subparts A and B of this part, a 
claimant must provide--
    (a) The identification of each specific natural resource for which 
compensation for loss of subsistence use is claimed;
    (b) A description of the actual subsistence use made of each 
specific natural resource by the claimant;
    (c) A description of how and to what extent the claimant's 
subsistence use was affected by the injury to or loss of each specific 
natural resource;
    (d) A description of each effort made by the claimant to mitigate 
the claimant's loss of subsistence use; and
    (e) A description of each alternative source or means of subsistence 
available to the claimant during the period of time for which loss of 
subsistence is claimed, and any compensation available to the claimant 
for loss of subsistence.



Sec. 136.223  Compensation allowable.

    (a) The amount of compensation allowable is the reasonable 
replacement cost of the subsistence loss suffered by the claimant if, 
during the period of time for which the loss of subsistence is claimed, 
there was no alternative source or means of subsistence available.
    (b) The amount of compensation allowable under paragraph (a) of this 
section must be reduced by--
    (1) All compensation made available to the claimant to compensate 
for subsistence loss;
    (2) All income which was derived by utilizing the time which 
otherwise would have been used to obtain natural resources for 
subsistence use; and
    (3) Overheads or other normal expenses of subsistence use not 
incurred as a result of the incident.
    (c) Compensation for a claim for loss of profits or impairment of 
earning capacity under Sec. 136.219(b) is limited to that allowable 
under Sec. 136.235.

                           Government Revenues



Sec. 136.225  Authorized claimants.

    A claim for net loss of revenue due to the injury, destruction, or 
loss of real property, personal property, or natural resources may be 
presented only by an appropriate claimant sustaining the loss. As used 
in this section and Sec. 136.277, ``revenue'' means taxes, royalties, 
rents, fees, and net profit shares.



Sec. 136.227  Proof.

    In addition to the requirements of Subparts A and B, a claimant must 
establish--
    (a) The identification and description of the economic loss for 
which compensation is claimed, including the applicable authority, 
property affected, method of assessment, rate, and method and dates of 
collection;
    (b) That the loss of revenue was due to the injury to, destruction 
of, or loss of real or personal property or natural resources;
    (c) The total assessment or revenue collected for comparable revenue 
periods; and
    (d) The net loss of revenue.



Sec. 136.229  Compensation allowable.

    The amount of compensation allowable is the total net revenue 
actually lost.

                      Profits and Earning Capacity



Sec. 136.231  Authorized claimants.

    (a) A claim for loss of profits or impairment of earning capacity 
due to

[[Page 89]]

the injury to, destruction of, or loss of real or personal property or 
natural resources may be presented by a claimant sustaining the loss or 
impairment. The claimant need not be the owner of the damaged property 
or resources to recover for lost profits or income.
    (b) A claim for loss of profits or impairment of earning capacity 
that also involves a claim for injury to, or economic losses resulting 
from destruction of, real or personal property must be claimed under 
Sec. 136.213.
    (c) A claim for loss of profits or impairment of earning capacity 
that also involves a claim for loss of subsistence use of natural 
resources must be claimed under Sec. 136.219.



Sec. 136.233  Proof.

    In addition to the requirements of subparts A and B of this part, a 
claimant must establish the following:
    (a) That real or personal property or natural resources have been 
injured, destroyed, or lost.
    (b) That the claimant's income was reduced as a consequence of 
injury to, destruction of, or loss of the property or natural resources, 
and the amount of that reduction.
    (c) The amount of the claimant's profits or earnings in comparable 
periods and during the period when the claimed loss or impairment was 
suffered, as established by income tax returns, financial statements, 
and similar documents. In addition, comparative figures for profits or 
earnings for the same or similar activities outside of the area affected 
by the incident also must be established.
    (d) Whether alternative employment or business was available and 
undertaken and, if so, the amount of income received. All income that a 
claimant received as a result of the incident must be clearly indicated 
and any saved overhead and other normal expenses not incurred as a 
result of the incident must be established.



Sec. 136.235  Compensation allowable.

    The amount of compensation allowable is limited to the actual net 
reduction or loss of earnings or profits suffered. Calculations for net 
reductions or losses must clearly reflect adjustments for--
    (a) All income resulting from the incident;
    (b) All income from alternative employment or business undertaken;
    (c) Potential income from alternative employment or business not 
undertaken, but reasonably available;
    (d) Any saved overhead or normal expenses not incurred as a result 
of the incident; and
    (e) State, local, and Federal taxes.

                       Government Public Services



Sec. 136.237  Authorized claimants.

    A claim for net costs of providing increased or additional public 
services during or after removal activities, including protection from 
fire, safety, or health hazards, caused by a discharge of oil may be 
presented only by a State or a political subdivision of a State 
incurring the costs.



Sec. 136.239  Proof.

    In addition to the requirements of subparts A and B of this part, a 
claimant must establish--
    (a) The nature of the specific public services provided and the need 
for those services;
    (b) That the services occurred during or after removal activities;
    (c) That the services were provided as a result of a discharge of 
oil and would not otherwise have been provided; and
    (d) The net cost for the services and the methods used to compute 
those costs.



Sec. 136.241  Compensation allowable.

    The amount of compensation allowable is the net cost of the 
increased or additional service provided by the State or political 
subdivision.



           Subpart D--Designation of Source and Advertisement

                                 General



Sec. 136.301  Purpose.

    This subpart prescribes the requirements concerning designation of 
the source or sources of the discharge or threat of discharge and 
advertisement of these designations, including the procedures by which 
claims may be

[[Page 90]]

presented to the responsible party or guarantor.



Sec. 136.303  Definitions.

    As used in this subpart--
    Advertisement means the dissemination of information, including but 
not limited to paid advertisements, that are reasonably calculated to 
advise the public how to present a claim.
    Designated source means a source designated under Sec. 136.305.

                          Designation of Source



Sec. 136.305  Notice of designation.

    (a) When information of an incident is received, the source or 
sources of the discharge or threat are designated, where possible and 
appropriate. If the designated source is a vessel or facility, the 
responsible party and the guarantor, if known, are notified by 
telephone, telefax, or other rapid means of that designation. The 
designation will be confirmed by a written Notice of Designation.
    (b) A Notice of Designation normally contains, to the extent known--
    (1) The name of the vessel or facility designated as the source;
    (2) The location, date, and time of the incident;
    (3) The type of quantity of oil involved;
    (4) The date of the designation;
    (5) The procedures for accepting or denying the designation; and
    (6) The name, address, telephone number, and, if available, telefax 
number of the responsible Federal official to whom further communication 
regrading the incident, advertisement of the incident, or denial of 
designation should be directed.



Sec. 136.307  Denial of designation.

    (a) Within five days after receiving a Notice of Designation under 
Sec. 136.305, the responsible party or guarantor may deny the 
designation.
    (b) A denial of designation must--
    (1) Be in writing;
    (2) Identify the Notice of Designation;
    (3) Give the reasons for the denial and provide a copy of all 
supporting documents; and
    (4) Be submitted to the official named in the Notice of Designation.
    (c) A denial is deemed received on the date the denial is actually 
received by the official named in the Notice of Designation.

                              Advertisement



Sec. 136.309  Advertisement determinations.

    (a) The Director, NPFC, determines for each incident the type, 
geographic scope, frequency, and duration of advertisement required.
    (b) In making the determination specified in paragraph (a) of this 
section, the Director, NPFC, may consider--
    (1) The nature and extent of economic losses that have occurred or 
are likely to occur;
    (2) The potential claimants who are likely to incur economic losses;
    (3) The geographical area that is or will likely be affected;
    (4) The most effective method of reasonably notifying potential 
claimants of the designation and procedures of submitting claims; and
    (5) Relevant information or recommendations, if any, submitted by, 
or on behalf of, the responsible party or guarantor of the designated 
source.
    (c) The Director, NPFC, provides the specific requirements for 
advertisement for each incident to the responsible party or guarantor of 
the designated source.
    (d) If a responsible party or guarantor has not denied designation 
in accordance with Sec. 136.307, the party or guarantor shall advertise, 
in accordance with the requirements of this subpart, the designation and 
the procedures by which claims may be presented. The advertisement must 
begin not later than 15 days after the date of the designation made 
under Sec. 136.305.
    (e) If there is no designation under Sec. 136.305, if the source of 
the discharge or threat is a public vessel, or if the responsible party 
and guarantor of the source designated have denied the designation or 
failed to meet the requirements for advertisement in this section, the 
Director, NPFC, may advertise procedures for presenting claims.

[[Page 91]]



Sec. 136.311  Types of advertisement.

    Advertisement required by the Director, NPFC, will normally include 
one or more of the following:
    (a) Paid advertisements in a newspaper or newspapers having general 
circulation in the area designated by the Director, NPFC.
    (b) Notice posted in marinas, marine supply stores, bait and tackle 
shops, and other appropriate business establishments or public 
facilities in the area designated by the Director, NPFC.
    (c) News releases to newspapers, radio stations, television 
stations, and cable services having general circulation in the area 
designated by the Director, NPFC.
    (d) Other means approved by the Director, NPFC, under the 
circumstances of each case.



Sec. 136.313  Content of advertisement.

    Each advertisement required by this subpart may be required to 
contain the following information or to indicate where this information 
may be contained:
    (a) Location, date, and time of the incident.
    (b) Geographical area affected, as determined by the FOSC or 
Director, NPFC.
    (c) Type and quantity of oil involved.
    (d) Name or other description of the source designated by the FOSC 
or Director, NPFC.
    (e) Name of the responsible party and guarantor of the designated 
source.
    (f) Name, address, telephone number, office hours, and work days of 
the person or persons to whom claims are to be presented and from whom 
claim information can be obtained.
    (g) The procedures by which a claim may be presented.
    (h) Other information required by the Director, NPFC, under the 
circumstances of each case.



PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)--Table of Contents




Sec.
138.10  Scope.
138.12  Applicability.
138.15  Implementation schedule.
138.20  Definitions.
138.30  General.
138.40  Where to apply for and obtain forms.
138.50  Time to apply.
138.60  Applications, general instructions.
138.65  Issuance and carriage of Certificates.
138.70  Renewal of Certificates.
138.80  Financial responsibility, how established.
138.90  Individual and Fleet Certificates.
138.100  Non-owning operator's responsibility for identification.
138.110  Master Certificates.
138.120  Certificates, denial or revocation.
138.130  Fees.
138.140  Enforcement.
138.150  Service of process.

Appendix A to Part 138--Application Form.
Appendix B to Part 138--Insurance Guaranty Form
Appendix C to Part 138--Master Insurance Guaranty Form
Appendix D to Part 138--Surety Bond Guaranty Form
Appendix E to Part 138--Financial Guaranty Form
Appendix F to Part 138--Master Financial Guaranty Form

    Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. 9608, 9609; sec. 7(b), 
E.O. 12580, 3 CFR, 1987 Comp., p. 198; E.O. 12777, 3 CFR 1991 Comp., p. 
351; 49 CFR 1.46.
Section 138.30 also issued under the authority of 46 U.S.C. 2103, 14302.

    Source: CGD 91-005, 59 FR 34227, July 1, 1994, unless otherwise 
noted.



Sec. 138.10  Scope.

    This part sets forth the procedures by which an operator of a vessel 
may establish and maintain, for itself, and, where the operator is not 
the owner or demise charterer, for the owner and demise charterer of the 
vessel, evidence of financial responsibility to cover liability of the 
owner, operator, and demise charterer arising under--
    (a) Section 1002 of the Oil Pollution Act of 1990 (OPA 90) (33 
U.S.C. 2702); and
    (b) Section 107(a)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (CERCLA) (42 U.S.C. 
9607(a)(1)).

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 91-005, 61 FR 
9274, Mar. 7, 1996]



Sec. 138.12  Applicability.

    (a) This part applies to--
    (1) A tank vessel of any size, and to a foreign-flag vessel of any 
size, using

[[Page 92]]

the waters of the exclusive economic zone to transship or lighter oil 
(whether delivering or receiving) destined for a place subject to the 
jurisdiction of the United States; and
    (2) A vessel using the navigable waters of the United States or any 
port or place subject to the jurisdiction of the United States, 
including an offshore facility subject to the jurisdiction of the United 
States, except--
    (i) A vessel that is 300 gross tons or less; and
    (ii) A non-self-propelled barge that does not carry oil as cargo or 
fuel and does not carry hazardous substances as cargo.
    (b) For the purposes of financial responsibility under OPA 90, a 
mobile offshore drilling unit is treated as a tank vessel when it is 
being used as an offshore facility and there is a discharge, or a 
substantial threat of a discharge, of oil on or above the surface of the 
water. A mobile offshore drilling unit is treated as a vessel other than 
a tank vessel when it is not being used as an offshore facility.
    (c) In addition to a non-self-propelled barge over 300 gross tons 
that carries hazardous substances as cargo, for the purposes of 
financial responsibility under CERCLA, this part applies to a self-
propelled vessel over 300 gross tons, even if it does not carry 
hazardous substances.
    (d) This part does not apply to a public vessel.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended at 61 FR 9274, Mar. 
7, 1996]



Sec. 138.15  Implementation schedule.

    (a) A tank vessel is subject to the following implementation 
schedule:
    (1) Until December 28, 1994, a tank vessel is required to carry a 
Certificate issued under parts 130, 131, and 132 of this chapter, as may 
be applicable to that vessel. On or after that date, and until July 1, 
1995, a non-self-propelled tank vessel must carry a Certificate issued 
under parts 130, 131, and 132 of this chapter, as may be applicable to 
that vessel, unless it carries a Certificate issued under this part.
    (2) A self-propelled tank vessel to which this part applies and 
which carries a valid Certificate issued under part 130 of this chapter 
may not operate on or after December 28, 1994, unless the operator of 
that vessel has submitted to the Director, NPFC, before that date 
acceptable evidence of financial responsibility applicable to that 
vessel under this part. A self-propelled tank vessel covered by that 
evidence of financial responsibility before December 28, 1994, may 
continue to operate with the Certificate issued under part 130 of this 
chapter. The expiration date of the Certificate issued under part 130 of 
this chapter for that vessel will be deemed to be December 28, 1995, 
regardless of the expiration date appearing on the Certificate. 
Thereafter, a Certificate issued under this part is required.
    (3) A self-propelled tank vessel to which this part applies, but 
which does not carry a valid Certificate issued under part 130 of this 
chapter before December 28, 1994, may not operate on or after that date 
unless it carries a Certificate under this part.
    (4) A non-self-propelled tank vessel to which this part applies may 
not operate on or after July 1, 1995, without a Certificate issued under 
this part. A non-self-propelled tank vessel may continue to operate with 
a Certificate issued under parts 130, 131, and 132 of this chapter, as 
may be applicable to that vessel, until that date.
    (b) A vessel that is not a tank vessel (non-tank vessel) is subject 
to the following implementation schedule:
    (1) Until December 28, 1997, a non-tank vessel is required to carry 
a Certificate issued under parts 130 and 132 of this chapter, as may be 
applicable to that vessel, unless that vessel carries a Certificate 
issued under this part. On or after December 28, 1997, each non-tank 
vessel subject to this part must carry a Certificate issued under this 
part.
    (2) A Certificate is issued, on and after December 28, 1994, and 
before December 28, 1997, under parts 130 and 132 of this chapter only 
to replace a lost Certificate or to replace a Certificate due to a 
vessel or operator name change (a change of legal identity, such as 
reincorporation or other reorganization, is not considered a name 
change). The expiration date that will appear on the replacement 
Certificate will be the same as the expiration date of the Certificate 
being replaced. During that

[[Page 93]]

three-year time period, with respect to part 132 of this chapter, the 
expiration date that will appear on a Certificate being replaced, or on 
an existing Certificate being renewed, will be adjusted to coincide with 
the expiration date of the Certificate, if any, for that vessel issued 
under part 130 of this chapter.
    (3) A non-tank vessel that has a Certificate issued before December 
28, 1994, under part 130 of this chapter is not required to carry a 
Certificate under this part until the date of expiration of the 
Certificate issued under part 130 of this chapter.
    (4) Except as provided in paragraph (b)(5) of this section, a 
Certificate issued on and after July 1, 1994, and before December 28, 
1994, under parts 130 and 132 of this chapter is issued with an 
expiration date three years from the date of issuance.
    (5) If a Certificate issued under part 130 of this chapter with an 
expiration date of December 28, 1994, or later is surrendered, and a new 
Certificate is requested for the same non-tank vessel before December 
28, 1994, the new Certificate will have the same expiration date as that 
of the surrendered Certificate.
    (c) On or after July 1, 1994, a vessel that is subject to either 
part 131 or 132, or both, of this chapter but that is not subject to 
part 130 of this chapter because the vessel is 300 gross tons or less is 
not required to comply with part 131 or 132 of this chapter, unless that 
vessel is subject to this part under Sec. 138.12(a)(1).



Sec. 138.20  Definitions.

    (a) As used in this part (including the appendices to this part), 
the following terms have the same meaning as set forth in--
    (1) Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701), 
respecting the financial responsibility referred to in 
Sec. 138.10(b)(1): claimant, damages, discharge, exclusive economic 
zone, navigable waters, mobile offshore drilling unit, natural 
resources, offshore facility, oil, person, remove, removal, removal 
costs, and United States; and
    (2) Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601), respecting the 
financial responsibility referred to in Sec. 138.10(b)(2): claimant, 
damages, environment, hazardous substance, navigable waters, natural 
resources, person, release, remove, removal, and United States.
    (b) As used in this part (including the appendices to this part)--
    Acts means OPA 90 and CERCLA.
    Applicant means an operator who has applied for a Certificate or for 
the renewal of a Certificate under this part.
    Application means ``Application for Vessel Certificate of Financial 
Responsibility (Water Pollution)'', as illustrated in Appendix A of this 
part.
    Cargo means goods or materials on board a vessel for purposes of 
transportation, whether proprietary or nonproprietary. A hazardous 
substance or oil carried solely for use aboard the carrying vessel is 
not ``cargo''.
    CERCLA means title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.).
    Certificant means an operator who has been issued a Certificate 
under this part.
    Certificate means a ``Vessel Certificate of Financial Responsibility 
(Water Pollution)'' issued under this part, unless otherwise indicated.
    Director, NPFC, means the head of the U.S. Coast Guard National 
Pollution Funds Center (NPFC).
    Financial responsibility means statutorily required financial 
ability to meet liability under the Acts.
    Fish tender vessel and fishing vessel have the same meaning as set 
forth in 46 U.S.C. 2101.
    Fuel means any oil or hazardous substance used or capable of being 
used to produce heat or power by burning, including power to operate 
equipment. A hand-carried pump with not more than five gallons of fuel 
capacity, that is neither integral to nor regularly stored aboard a non-
self-propelled barge, is not equipment.
    Guarantor means any person who provides evidence of financial 
responsibility, under the Acts, on behalf of a vessel owner, operator, 
and demise charterer. A vessel operator who can qualify as a self-
insurer may act as both a self-insurer of vessels it operates and as a 
financial guarantor of other vessels, under Sec. 138.80(b)(4).

[[Page 94]]

    Hazardous material means a liquid material or substance that is--
    (1) Flammable or combustible;
    (2) Designated a hazardous substance under section 311(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1221); or
    (3) Designated a hazardous material under section 104 of the 
Hazardous Material Transportation Act (49 App. U.S.C. 1803).
    Incident means any occurrence or series of occurrences having the 
same origin, involving one or more vessels, facilities, or any 
combination thereof, resulting in the discharge or substantial threat of 
discharge of oil into or upon the navigable waters or adjoining 
shorelines or the exclusive economic zone.
    Insurer is a type of guarantor and means one or more insurance 
companies, associations of underwriters, shipowners' protection and 
indemnity associations, or other persons, each of which must be 
acceptable to the Coast Guard.
    Master Certificate means a Certificate issued under this part to a 
person acting as vessel operator in its capacity as a builder, repairer, 
scrapper, or seller of vessels.
    Offshore supply vessel has the same meaning as set forth in 46 
U.S.C. 2101.
    OPA 90 means title I of the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.).
    Operator means a person who is an owner, a demise charterer, or 
other contractor, who conducts the operation of, or who is responsible 
for the operation of, a vessel. A builder, repairer, scrapper, lessor, 
or seller who is responsible, or who agrees by contract to become 
responsible, for a vessel is an operator.
    Owner means any person holding legal or equitable title to a vessel. 
In a case where a Certificate of Documentation or equivalent document 
has been issued, the owner is considered to be the person or persons 
whose name or names appear thereon as owner. For purposes of CERCLA 
only, ``owner'' does not include a person who, without participating in 
the management of a vessel, holds indicia of ownership primarily to 
protect the owner's security interest in the vessel.
    Public vessel means a vessel
    Owned or bareboat chartered by the United States, or by a State or 
political subdivision thereof, or by a foreign nation, except when the 
vessel is engaged in commerce.
    Self-elevating lift vessel means a vessel with movable legs capable 
of raising its hull above the surface of the sea and that is an offshore 
work boat (such as a work barge) that does not engage in drilling 
operations.
    Tank vessel means a vessel (other than an offshore supply vessel, a 
fishing or fish tender vessel of 750 gross tons or less that transfers 
fuel without charge to a fishing vessel owned by the same person, or a 
towing or pushing vessel (tug) simply because it has in its custody a 
tank barge) that is constructed or adapted to carry, or that carries, 
oil or liquid hazardous material in bulk as cargo or cargo residue, and 
that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters; or
    (3) Transfers oil or hazardous material in a place subject to the 
jurisdiction of the United States.
    Total Applicable Amount means the amount determined under 
Sec. 138.80(f)(3).
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 91-005, 61 FR 
9274, Mar. 7, 1996]



Sec. 138.30  General.

    (a) The regulations in this part set forth the procedures whereby an 
operator of a vessel subject to this part can demonstrate that it and 
the owner and demise charterer of the vessel are financially able to 
meet potential liability for costs and damages in the amounts 
established by this part. The owner, operator, and demise charterer are 
strictly, jointly, and severally liable for the costs and damages 
resulting from an incident or a release or threatened release, but 
together they need only establish and maintain an amount of financial 
responsibility equal to the single limit of liability per incident, 
release, or threatened release. Only

[[Page 95]]

that portion of the evidence of financial responsibility under this part 
with respect to--
    (1) OPA 90 is required to be made available by a guarantor for the 
costs and damages related to an incident where there is not also a 
release or threatened release; and
    (2) CERCLA is required to be made available by a guarantor for the 
costs and damages related to a release or threatened release where there 
is not also an incident. A guarantor (or a self-insurer for whom the 
exceptions to limitations of liability are not applicable), therefore, 
is not required to apply the entire amount of financial responsibility 
to an incident involving oil alone or a release or threatened release 
involving a hazardous substance alone.
    (b) Where a vessel is operated by its owner, or the owner is 
responsible for its operation, the owner is considered to be the 
operator and shall submit the application for a Certificate. In all 
other cases, the vessel operator shall submit the application. A time or 
voyage charterer that does not assume responsibility for the operation 
of the vessel is not considered an operator for the purposes of this 
part.
    (c) For a United States-flag vessel, the applicable gross tons or 
gross tonnage, as referred to in this part, is determined as follows:
    (1) For a documented U.S. vessel measured under both 46 U.S.C. 
Chapters 143 (Convention Measurement) and 145 (Regulatory Measurement). 
The vessel's regulatory gross tonnage is used to determine whether the 
vessel exceeds 300 gross tons where that threshold applies under the 
Acts. If the vessel's regulatory tonnage is determined under the Dual 
Measurement System in 46 CFR part 69, subpart D, the higher gross 
tonnage is the regulatory tonnage for the purposes of the 300 gross ton 
threshold. The vessel's gross tonnage as measured under the 
International Convention on Tonnage Measurement of Ships, 1969 
(``Convention''), is used to determine the vessel's required amount of 
financial responsibility, and limit of liability under section 1004(a) 
of OPA 90 and under section 107(a) of CERCLA.
    (2) For all other United States vessels. The vessel's gross tonnage 
under 46 CFR part 69 is used for determining both the 300 gross ton 
threshold, the required amount of financial responsibility, and limit of 
liability under section 1004(a) of OPA 90 and under section 107(a) of 
CERCLA. If the vessel is measured under the Dual Measurement System, the 
higher gross tonnage is used in all determinations.
    (d) For a vessel of a foreign country that is a party to the 
Convention, gross tonnage, as referred to in this part, is determined as 
follows:
    (1) For a vessel assigned, or presently required to be assigned, 
gross tonnage under Annex I of the Convention. The vessel's gross 
tonnage as measured under Annex I of the Convention is used for 
determining the 300 gross ton threshold, if applicable, the required 
amount of financial responsibility, and limit of liability under section 
1004(a) of OPA 90 and under section 107(a) of CERCLA.
    (2) For a vessel not presently required to be assigned gross tonnage 
under Annex I of the Convention. The highest gross tonnage that appears 
on the vessel's certificate of documentation or equivalent document and 
that is acceptable to the Coast Guard under 46 U.S.C. chapter 143 is 
used for determining the 300 gross ton threshold, if applicable, the 
required amount of financial responsibility, and limit of liability 
under section 1004(a) of OPA 90 and under section 107(a) of CERCLA. If 
the vessel has no document or the gross tonnage appearing on the 
document is not acceptable under 46 U.S.C. chapter 143, the vessel's 
gross tonnage is determined by applying the Convention Measurement 
System under 46 CFR part 69, subpart B, or if applicable, the Simplified 
Measurement System under 46 CFR part 69, subpart E. The measurement 
standards applied are subject to applicable international agreements to 
which the United States Government is a party.
    (e) For a vessel of a foreign country that is not a party to the 
Convention, gross tonnage, as referred to in this part, is determined as 
follows:
    (1) For a vessel measured under laws and regulations found by the 
Commandant to be similar to Annex I of the Convention. The vessel's 
gross tonnage under the similar laws and regulations

[[Page 96]]

is used for determining the 300 gross ton threshold, if applicable, the 
required amount of financial responsibility, and limit of liability 
under section 1004(a) of OPA 90 and under section 107(a) of CERCLA. The 
measurement standards applied are subject to applicable international 
agreements to which the United States Government is a party.
    (2) For a vessel not measured under laws and regulations found by 
the Commandant to be similar to Annex I of the Convention. The vessel's 
gross tonnage under 46 CFR part 69, subpart B, or, if applicable, 
subpart E, is used for determining the 300 gross ton threshold, if 
applicable, the required amount of financial responsibility, and limit 
of liability under section 1004(a) of OPA 90 and under section 107(a) of 
CERCLA. The measurement standards applied are subject to applicable 
international agreements to which the United States is a party.
    (f) A person who agrees to act as a guarantor or a self-insurer is 
bound by the vessel's gross tonnage as determined under paragraphs (c), 
(d), or (e) of this section, regardless of what gross tonnage is 
specified in an application or guaranty form illustrated in the 
appendices to this part. Guarantors, however, may limit their liability 
under a guaranty of financial responsibility to the applicable gross 
tonnage appearing on a vessel's International Tonnage Certificate or 
other official, applicable certificate of measurement and shall not 
incur any greater liability with respect to that guaranty, except when 
the guarantors knew or should have known that the applicable tonnage 
certificate was incorrect.



Sec. 138.40  Where to apply for and obtain forms.

    (a) An operator shall file an application for a Certificate and a 
renewal of a Certificate together with fees and evidence of financial 
responsibility, with the Coast Guard National Pollution Funds Center at 
the following address: U.S. Coast Guard, National Pollution Funds Center 
(cv), 4200 Wilson Boulevard, Suite 1000, Arlington, VA 22203-1804, 
telephone (703) 235-4813, Telex 248324 (Answerback CGNPFC UR), Telefax 
(703) 235-4835.
    (b) Forms may be obtained at the address in paragraph (a) of this 
section, and all requests for assistance, including telephone inquiries, 
in completing applications should be directed to the U.S. Coast Guard at 
that same address.



Sec. 138.50  Time to apply.

    (a) A vessel operator who wishes to obtain a Certificate shall file 
a completed application form, evidence of financial responsibility and 
appropriate fees at least 21 days prior to the date the Certificate is 
required. The Director, NPFC, may waive this 21-day requirement.
    (b) The Director, NPFC, generally processes applications in the 
order in which they are received at the National Pollution Funds Center.



Sec. 138.60  Applications, general instructions.

    (a) The application for a Certificate (Form CG-5585) is illustrated 
in Appendix A of this part. An application and all supporting documents 
must be in English. All monetary terms must be expressed in United 
States dollars.
    (b) An authorized official of the applicant shall sign the 
application. The title of the signer must be shown in the space provided 
on the application.
    (c) The application must be accompanied by a written statement 
providing authority to sign, where the signer is not disclosed as an 
individual (sole proprietor) applicant, a partner in a partnership 
applicant, or a director, chief executive officer, or any other duly 
authorized officer of a corporate applicant.
    (d) If, before the issuance of a Certificate, the applicant becomes 
aware of a change in any of the facts contained in the application or 
supporting documentation, the applicant shall, within five business days 
of becoming aware of the change, notify the Director, NPFC, in writing, 
of the change.



Sec. 138.65  Issuance and carriage of Certificates.

    Upon the satisfactory demonstration of financial responsibility and 
payment of fees, the Director, NPFC, issues a Vessel Certificate of 
Financial Responsibility (Water Pollution), the original of which 
(except as provided in Secs. 138.90

[[Page 97]]

(a) and (b) and 138.110(f)) is to be carried aboard the vessel covered 
by the Certificate. The carriage of a valid Certificate or authorized 
copy indicates compliance with these regulations. Failure to carry a 
valid Certificate or authorized copy subjects the vessel to enforcement 
action, except where a Certificate is removed temporarily from a vessel 
for inspection by a United States Government official.



Sec. 138.70  Renewal of Certificates.

    (a) An operator shall file a written application for the renewal of 
a Certificate at least 21 days, but not earlier than 90 days, before the 
expiration date of the Certificate. Except as provided in paragraph (c) 
of this section, a letter may be used for this purpose. The Director, 
NPFC, may waive this 21-day requirement.
    (b) The applicant shall identify in the renewal application any 
changes which have occurred since the original application for a 
Certificate was filed, and set forth the correct information in full.
    (c) An applicant that applies for the first time for a Certificate 
issued under this part to replace a Certificate issued under part 130 of 
this chapter shall submit an application form illustrated in Appendix A 
of this part. An applicant is not required to pay an application fee 
under Sec. 138.130(c) for this first-time application.



Sec. 138.80  Financial responsibility, how established.

    (a) General. In addition to submitting an application and fees, an 
applicant shall submit, or cause to be submitted, evidence of financial 
responsibility in an amount determined under Sec. 138.80(f). A guarantor 
may submit directly to the Director, NPFC, the evidence of financial 
responsibility.
    (b) Methods. An applicant shall establish evidence of financial 
responsibility by one or more of the following methods:
    (1) Insurance. By filing with the Director, NPFC, an insurance 
guaranty form CG-5586, illustrated in Appendix B of this part (or, when 
applying for a Master Certificate, a master insurance guaranty form CG-
5586-1, illustrated in Appendix C of this part), executed by not more 
than four insurers that have been found acceptable by and remain 
acceptable to the Director, NPFC, for purposes of this part.
    (2) Surety bond. By filing with the Director, NPFC, a surety bond 
guaranty form CG-5586-2, illustrated in Appendix D of this part, 
executed by not more than 10 acceptable surety companies certified by 
the United States Department of the Treasury with respect to the 
issuance of Federal bonds in the maximum penal sum of each bond to be 
issued under this part.
    (3) Self-insurance. By filing the financial statements specified in 
paragraph (b)(3)(i) of this section for the applicant's last fiscal year 
preceding the date of application and by demonstrating that the 
applicant maintains, in the United States, working capital and net worth 
each in amounts equal to or greater than the total applicable amount 
calculated in accordance with Sec. 138.80(f), based on a vessel carrying 
hazardous substances as cargo. As used in this paragraph, working 
capital means the amount of current assets located in the United States, 
less all current liabilities anywhere in the world; and net worth means 
the amount of all assets located in the United States, less all 
liabilities anywhere in the world. After the initial submission, for 
each of the applicant's fiscal years, the applicant or certificant shall 
submit statements as follows:
    (i) Initial and annual submissions. An applicant or certificant 
shall submit annual, current, and audited non-consolidated financial 
statements prepared in accordance with Generally Accepted Accounting 
Principles, and audited by an independent Certified Public Accountant. 
These financial statements must be audited in accordance with Generally 
Accepted Auditing Standards. These financial statements must be 
accompanied by an additional statement from the Treasurer (or equivalent 
official) of the applicant or certificant certifying both the amount of 
current assets and the amount of total assets included in the 
accompanying balance sheet, which are located in the United States. If 
the financial statements cannot be submitted in non-consolidated form, a 
consolidated

[[Page 98]]

statement may be submitted if accompanied by an additional statement 
prepared by the same Certified Public Accountant, verifying the amount 
by which the applicant's or certificant's--
    (A) Total assets, located in the United States, exceed its total 
(i.e., worldwide) liabilities; and
    (B) Current assets, located in the United States, exceed its total 
(i.e., worldwide) current liabilities. This additional statement must 
specifically name the applicant or certificant, indicate that the 
amounts so verified relate only to the applicant or certificant, apart 
from any other affiliated entity, and identify the consolidated 
financial statement to which it applies.
    (ii) Semiannual submissions. When the applicant's or certificant's 
demonstrated net worth is not at least ten times the total applicable 
amount of financial responsibility, the applicant's or certificant's 
Treasurer (or equivalent official) shall file affidavits covering the 
first six months of the applicant's or certificant's fiscal year. The 
affidavits must state that neither the working capital nor the net worth 
have, during the first six months of the current fiscal year, fallen 
below the applicant's or certificant's required amount of financial 
responsibility as determined in accordance with this part.
    (iii) Additional submissions. An applicant or certificant--
    (A) Shall, upon request of the Director, NPFC, submit additional 
financial information; and
    (B) Who establishes financial responsibility under paragraph (b)(3) 
of this section shall notify the Director, NPFC, within five business 
days of the date the applicant or certificant knows, or has reason to 
believe, that the working capital or net worth has fallen below the 
amounts required by this part.
    (iv) Time for submissions. All required annual financial statements 
must be received by the Director, NPFC, within 90 days after the close 
of the applicant's or certificant's fiscal year, and all affidavits 
required by paragraph (b)(3)(ii) of this section within 30 days after 
the close of the applicable six-month period. Upon written request, the 
Director, NPFC, may grant an extension of the time limits for filing the 
annual financial statements or affidavits. An applicant or certificant 
that requests an extension must set forth the reason for the extension 
and deliver the request at least 15 days before the statements or 
affidavits are due. The Director, NPFC, will not consider a request for 
an extension of more than 60 days.
    (v) Failure to submit. The Director, NPFC, may revoke a certificate 
for failure of the certificant to submit any statement, data, 
notification, or affidavit required by paragraph (b)(3) of this section.
    (vi) Waiver of working capital. The Director, NPFC, may waive the 
working capital requirement for any applicant or certificant that--
    (A) Is a regulated public utility, a municipal or higher-level 
governmental entity, or an entity operating solely as a charitable, non-
profit making organization qualifying under section 501(c) Internal 
Revenue Code. The applicant or certificant must demonstrate in writing 
that the grant of a waiver would benefit a local public interest; or
    (B) Demonstrates in writing that working capital is not a 
significant factor in the applicant's or certificant's financial 
condition. An applicant's or certificant's net worth in relation to the 
amount of its required amount of financial responsibility and a history 
of stable operations are the major elements considered by the Director, 
NPFC.
    (4) Financial Guaranty. By filing with the Director, NPFC, a 
Financial Guaranty Form CG-5586-3, illustrated in Appendix E of this 
part (when applying for a Master Certificate, a Master Financial 
Guaranty Form CG-5586-4, illustrated in Appendix F of this part), 
executed by not more than four financial guarantors, such as a parent or 
affiliate acceptable to the Coast Guard. A financial guarantor shall 
comply with all of the self-insurance provisions of paragraph (b)(3) of 
this section. In addition, a person that is a financial guarantor for 
more than one applicant

[[Page 99]]

or certificant shall have working capital and net worth no less than the 
aggregate total applicable amounts of financial responsibility provided 
as a guarantor for each applicant or certificant, plus the amount 
required to be demonstrated by a self-insurer under this part, if also 
acting as a self-insurer.
    (5) Other evidence of financial responsibility. The Director, NPFC, 
will not accept a self-insurance method other than the one described in 
paragraph (b)(3) of this section. An applicant may in writing request 
the Director, NPFC, to accept a method different from one described in 
paragraph (b) (1), (2), or (4) of this section to demonstrate evidence 
of financial responsibility. An applicant submitting a request under 
this paragraph shall submit the request to the Director, NPFC, at least 
45 days prior to the date the Certificate is required. The applicant 
shall describe in detail the method proposed, the reasons why the 
applicant does not wish to use or is unable to use one of the methods 
described in paragraph (b) (1), (2), or (4) of this section, and how the 
proposed method assures that the applicant is able to fulfill its 
obligation to pay costs and damages in the event of an incident or a 
release or threatened release. The Director, NPFC, will not accept a 
method under this paragraph that merely deletes or alters a provision of 
one of the methods described in paragraph (b) (1), (2), or (4) of this 
section (for example, one that alters the termination clause of the 
insurance guaranty form illustrated in Appendix B of this part). An 
applicant that makes a request under this paragraph shall provide the 
Director, NPFC, a proposed guaranty form that includes all the elements 
described in paragraphs (c) and (d) of this section. A decision of the 
Director, NPFC, not to accept a method requested by an applicant under 
this paragraph is final agency action.
    (c) Forms--(1) Multiple guarantors. Four or fewer insurers (a lead 
underwriter is considered to be one insurer) may jointly execute an 
insurance guaranty form. Ten or fewer sureties (including lead sureties) 
may jointly execute a surety bond guaranty form. Four or fewer financial 
guarantors may jointly execute a financial guaranty form. If more than 
one insurer, surety, or financial guarantor executes the relevant form--
    (i) Each is bound for the payment of sums only in accordance with 
the percentage of vertical participation specified on the relevant form 
for that insurer, surety, or financial guarantor. Participation in the 
form of layering (tiers, one in excess of another) is not acceptable; 
only vertical participation on a percentage basis is acceptable unless 
none of the participants specifies a percent of participation. If no 
percentage of participation is specified for an insurer, surety, or 
financial guarantor, the liability of that insurer, surety, or financial 
guarantor is joint and several for the total of the unspecified 
portions; and
    (ii) The guarantors must designate a lead guarantor having authority 
to bind all guarantors for actions required of guarantors under the 
Acts, including but not limited to receipt of designation of source, 
advertisement of a designation, and receipt and settlement of claims.
    (2) Operator name. An applicant shall ensure that each form 
submitted under this part sets forth in full the correct legal name of 
the vessel operator to whom a certificate is to be issued.
    (d) Direct Action. (1) Acknowledgment. Any evidence of financial 
responsibility submitted under this part must contain an acknowledgment 
by the insurer or other guarantor that an action in court by a claimant 
(including a claimant by right of subrogation) for costs and damage 
claims arising under the provisions of the Acts, may be brought directly 
against the insurer or other guarantor. The evidence of financial 
responsibility must also provide that, in the event an action is brought 
under the Acts directly against the insurer or other guarantor, the 
insurer or other guarantor may invoke only the following rights and 
defenses:
    (i) The incident, release, or threatened release was caused by the 
willful misconduct of the person for whom the guaranty is provided.
    (ii) Any defense that the person for whom the guaranty is provided 
may raise under the Acts.

[[Page 100]]

    (iii) A defense relating to the amount of a claim or claims, filed 
in any action in any court or other proceeding, that exceeds the amount 
of the guaranty with respect to an incident or with respect to a release 
or threatened release.
    (iv) A defense relating to the amount of a claim or claims that 
exceeds the amount of the guaranty, which amount is based on the gross 
tonnage of the vessel as entered on the vessel's International Tonnage 
Certificate or other official, applicable certificate of measurement, 
except when the guarantor knew or should have known that the applicable 
tonnage certificate was incorrect.
    (v) The claim is not one made under either of the Acts.
    (2) Limitation on guarantor liability. A guarantor that participates 
in any evidence of financial responsibility under this part shall be 
liable because of that participation, with respect to an incident or a 
release or threatened release, in any proceeding only for the amount and 
type of costs and damages specified in the evidence of financial 
responsibility. A guarantor shall not be considered to have consented to 
direct action under any law other than the Acts, or to unlimited 
liability under any law or in any venue, solely because of the 
guarantor's participation in providing any evidence of financial 
responsibility under this part. In the event of any finding that 
liability of a guarantor exceeds the amount of the guaranty provided 
under this part, that guaranty is considered null and void with respect 
to that excess.
    (e) Public access to data. Financial data filed by an applicant, 
certificant, and any other person is considered public information to 
the extent required by the Freedom of Information Act (5 U.S.C. 552) and 
permitted by the Privacy Act (5 U.S.C. 552a).
    (f) Total applicable amount. (1) The applicable amount under OPA 90 
is determined as follows:
    (i) For a tank vessel (except a tank vessel on which no liquid 
hazardous material in bulk is being carried as cargo or cargo residue, 
and on which the only oil carried as cargo or cargo residue is an animal 
fat or vegetable oil, as those terms are used in section 2 of the Edible 
Oil Regulatory Reform Act (Pub. L. 104-55)).
    (A) Over 300 gross tons (and a vessel of 300 gross tons or less 
using the waters of the United States Exclusive Economic Zone to 
transship or lighter oil destined for a place subject to the 
jurisdiction of the United States, as specified in Sec. 138.12(a)(1)) 
but not exceeding 3,000 gross tons, the greater of $2,000,000 or $1,200 
per gross ton; and
    (B) Over 3,000 gross tons, the greater of $10,000,000 or $1,200 per 
gross ton.
    (ii) For a vessel other than a tank vessel under paragraph (f)(1)(i) 
of this section that is over 300 gross tons or that is 300 gross tons or 
less using the waters of the Exclusive Economic Zone of the United 
States to transship or lighter oil destined for a place subject to the 
jurisdiction of the United States, the greater of $500,000 or $600 per 
gross ton.
    (2) The applicable amount under CERCLA is determined as follows:
    (i) For a vessel over 300 gross tons carrying a hazardous substance 
as cargo, the greater of $5,000,000 or $300 per gross ton.
    (ii) For any other vessel over 300 gross tons, the greater of 
$500,000 or $300 per gross ton.
    (3) The total applicable amount is the maximum applicable amount 
calculated under paragraph (f)(1) of this section plus maximum 
applicable amount calculated under paragraph (f)(2) of this section.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 91-005, 61 FR 
9274, Mar. 7, 1996]



Sec. 138.90  Individual and Fleet Certificates.

    (a) The Director, NPFC, issues an individual Certificate for each 
vessel listed on a completed application when the Director, NPFC, 
determines that acceptable evidence of financial responsibility has been 
provided and appropriate fees have been paid, except where a Fleet 
Certificate is issued under this section or where a Master Certificate 
is issued under Sec. 138.110. Each Certificate of any type issued under 
this part is issued only in the name of a vessel operator and is 
effective for not more than three years from the date of issue, as 
indicated on each

[[Page 101]]

Certificate. An authorized official of the applicant may submit to the 
Director, NPFC, a letter requesting that additional vessels be added to 
a previously submitted application for an individual Certificate. The 
letter must set forth all information required in item 5 of the 
application form. The authorized official shall also submit or cause to 
be submitted acceptable evidence of financial responsibility, if 
required, and certification fees for these additional vessels. The 
certificant shall carry the original individual Certificate on the 
vessel named on the Certificate, except that a legible copy (certified 
as accurate by a notary public or other person authorized to take oaths 
in the United States) may be carried instead of the original if the 
vessel is an unmanned barge and does not have a document carrying device 
which the vessel operator believes would offer suitable protection for 
the original Certificate. If a notarized copy of an individual 
Certificate is carried aboard a barge, the Certificate shall retain the 
original in the United States and shall make it readily available for 
inspection by United States Government officials.
    (b) An operator of two or more barges that are not tank vessels and 
that from time to time may be subject to this part (e.g., a hopper barge 
over 300 gross tons when carrying oily metal shavings or similar cargo), 
so long as the operator of such a fleet is a self-insurer or arranges 
with an acceptable guarantor to cover, automatically, all such barges 
for which the operator may from time to time be responsible, may apply 
to the Director, NPFC, for issuance of a Fleet Certificate. A legible 
copy of the Fleet Certificate, certified as accurate by a notary public 
or other person authorized to take oaths in the United States, must be 
carried on each barge when subject to this part. In addition, the 
certificant shall retain in the United States the original Fleet 
Certificate and shall make it readily available for inspection by United 
States Government officials. The original Fleet Certificate, when 
invalid, must be completed on the reverse side and returned immediately 
to the Director, NPFC, and all copies must be destroyed. When the 
certificant ceases to be responsible for a barge covered by a Fleet 
Certificate, the certificant shall immediately destroy the copy of the 
Fleet Certificate carried aboard that barge.
    (c) A person shall not make any alteration on any Certificate issued 
under this part or copy of that Certificate, except the notarized 
certifications permitted in Sec. 138.110(f) and paragraphs (a) and (b) 
of this section. A Certificate or copy containing any alteration is 
void.
    (d) If, at any time after a Certificate has been issued, a 
certificant becomes aware of a change in any of the facts contained in 
the application or supporting documentation, the certificant shall 
notify the Director, NPFC, in writing within 10 days of becoming aware 
of the change. A vessel or operator name change or change of a guarantor 
shall be reported as soon as possible by telefax or other electronic 
means to the Director, NPFC, and followed by a written notice sent 
within three business days.
    (e) Except as provided in Sec. 138.90(f), at the moment a 
certificant ceases to be the operator of a vessel for any reason, 
including a vessel that is scrapped or transferred to a new operator, 
the individual Certificate naming the vessel, and any copies of the 
Certificate, are void and their further use is prohibited. In that case, 
the certificant shall, within 10 days of the Certificate becoming void, 
complete the reverse side of the original individual Certificate naming 
the involved vessel and return the Certificate to the Director, NPFC. If 
the Certificate cannot be returned because it has been lost or 
destroyed, the certificant shall, within three business days, submit the 
following information in writing to the Director, NPFC:
    (1) The number of the individual Certificate and the name of the 
vessel.
    (2) The date and reason why the certificant ceased to be the 
operator of the vessel.
    (3) The location of the vessel on the date the certificant ceased to 
be the operator.
    (4) The name and mailing address of the person to whom the vessel 
was sold or transferred.

[[Page 102]]

    (f) In the event of the temporary transfer of custody of an unmanned 
barge certificated under this part, where the certificant transferring 
the barge continues to be liable under the Acts and continues to 
maintain on file with the Director, NPFC, acceptable evidence of 
financial responsibility with respect to the barge, the existing 
individual Certificate remains in effect. A temporary new individual 
Certificate is not required. A transferee is encouraged to require the 
transferring certificant to acknowledge in writing that the transferring 
certificant agrees to remain responsible for pollution liabilities.



Sec. 138.100  Non-owning operator's responsibility for identification.

    (a) Each operator that is not an owner of a vessel certificated 
under this part, other than an unmanned barge, shall ensure that the 
original or a legible copy of the demise charter-party (or other written 
document on the owner's letterhead, signed by the vessel owner, which 
specifically identifies the vessel operator named on the Certificate) is 
maintained on board the vessel.
    (b) The demise charter-party or other document required by paragraph 
(a) of this section must be presented, upon request, for examination to 
a United States Government official.



Sec. 138.110  Master Certificates.

    (a) A contractor or other person who is responsible for a vessel in 
the capacity of a builder, scrapper, lessor, or seller (including a 
repairer who agrees to be responsible for a vessel under its custody) 
may apply for a Master Certificate instead of applying for an individual 
Certificate for each vessel. A Master Certificate covers all of the 
vessels subject to this part held by the applicant solely for purposes 
of construction, repair, scrapping, lease, or sale. A vessel which is 
being operated commercially in any business venture, including the 
business of building, repairing, scrapping, leasing, or selling (e.g., a 
slop barge used by a shipyard) cannot be covered by a Master 
Certificate. Any vessel for which a Certificate is required, but which 
is not eligible for a Master Certificate, must be covered by either an 
individual Certificate or a Fleet Certificate.
    (b) An applicant for a Master Certificate shall submit an 
application form in the manner prescribed by Sec. 138.60. An applicant 
shall establish evidence of financial responsibility in accordance with 
Sec. 138.80, by submission, for example, of an acceptable Master 
Insurance Guaranty Form, Surety Bond Guaranty Form, Master Financial 
Guaranty Form, or acceptable self-insurance documentation. An 
application must be completed in full, except for Item 5. The applicant 
shall make the following statement in Item 5: ``This is an application 
for a Master Certificate. The largest tank vessel to be covered by this 
application is [insert applicable gross tons] gross tons. The largest 
vessel other than a tank vessel is [insert applicable gross tons] gross 
tons.'' The dollar amount of financial responsibility evidenced by the 
applicant must be sufficient to meet the amount required under this 
part.
    (c) Each Master Certificate issued by the Director, NPFC, 
indicates--
    (1) The name of the applicant (i.e., the builder, repairer, 
scrapper, lessor, or seller);
    (2) The date of issuance and termination, encompassing a period of 
not more than three years; and
    (3) The gross tons of the largest tank vessel and gross tons of the 
largest vessel other than a tank vessel eligible for coverage by that 
Master Certificate. The Master Certificate does not identify the name of 
each vessel covered by the Certificate.
    (d) Each additional vessel which does not exceed the respective 
tonnages indicated on the Master Certificate and which is eligible for 
coverage by a Master Certificate is automatically covered by that Master 
Certificate. Before acquiring a vessel, by any means, including 
conversion of an existing vessel, that would have the effect of 
increasing the certificant's required amount of financial responsibility 
(above that provided for issuance of the existing Master Certificate), 
the certificant shall submit to the Director, NPFC, the following:
    (1) Evidence of increased financial responsibility.
    (2) A new certification fee.

[[Page 103]]

    (3) Either a new application or a letter amending the existing 
application to reflect the new gross tonnage which is to be indicated on 
a new Master Certificate.
    (e) A person to whom a Master Certificate has been issued shall 
submit to the Director, NPFC, every six months beginning the month after 
the month in which the Master Certificate is issued, a report indicating 
the name, previous name, type, and gross tonnage of each vessel covered 
by the Master Certificate during the preceding six-month reporting 
period and indicating which vessels, if any, are tank vessels.
    (f) The certificant shall ensure that a legible copy of the Master 
Certificate (certified as accurate by a notary public or other person 
authorized to take oaths in the United States) is carried aboard each 
vessel covered by the Master Certificate. The certificant shall retain 
the original Master Certificate at a location in the United States and 
shall make it readily available for inspection by United States 
Government officials.
    (g) Upon revocation or other invalidation of the Master Certificate, 
the certificant shall return the original Certificate within 10 days to 
the Director, NPFC. The certificant shall ensure that all copies of the 
Certificate are destroyed.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 91-005, 61 FR 
9275, Mar. 7, 1996]



Sec. 138.120  Certificates, denial or revocation.

    (a) The Director, NPFC, may deny a Certificate when an applicant--
    (1) Willfully or knowingly makes a false statement in connection 
with an application for an initial or renewal Certificate;
    (2) Fails to establish acceptable evidence of financial 
responsibility as required by this part;
    (3) Fails to pay the required application or certificate fees;
    (4) Fails to comply with or respond to lawful inquiries, 
regulations, or orders of the Coast Guard pertaining to the activities 
subject to this part; or
    (5) Fails to timely file required statements, data, notifications, 
or affidavits.
    (b) The Director, NPFC, may revoke a Certificate when a 
certificant--
    (1) Willfully or knowingly makes a false statement in connection 
with an application for an initial or a renewal Certificate, or in 
connection with any other filing required by this part;
    (2) Fails to comply with or respond to lawful inquiries, 
regulations, or orders of the Coast Guard pertaining to the activities 
subject to this part; or
    (3) Fails to timely file required statements, data, notifications, 
or affidavits.
    (c) A Certificate is immediately invalid, and considered revoked, 
without prior notice, when the certificant--
    (1) Fails to maintain acceptable evidence of financial 
responsibility as required by this part;
    (2) Is no longer the responsible operator of the vessel in question; 
or
    (3) Alters any Certificate or copy of a Certificate except as 
permitted by this part in connection with notarized certifications of 
copies.
    (d) The Director, NPFC, advises the applicant or certificant, in 
writing, of the intention to deny or revoke a Certificate under 
paragraph (a) or (b) of this section and states the reason therefor. 
Written advice from the Director, NPFC, that an incomplete application 
will be considered withdrawn unless it is completed within a stated 
period, is the equivalent of a denial.
    (e) If the intended revocation under paragraph (b) of this section 
is based on failure to timely file the required financial statements, 
data, notifications, or affidavits, the revocation is effective 10 days 
after the date of the notice of intention to revoke, unless, before 
revocation, the certificant demonstrates to the satisfaction of the 
Director, NPFC, that the required documents were timely filed or have 
been filed.
    (f) If the intended denial is based on paragraph (a)(1) or (a)(4) of 
this section, or the intended revocation is based on paragraph (b)(1) or 
(b)(2) of this section, the applicant or certificant may request, in 
writing, an opportunity to present information for the purpose of 
showing that the applicant or certificant is in compliance with the 
part. The request must be received by the Director, NPFC, within

[[Page 104]]

10 days after the date of the notification of intention to deny or 
revoke. A Certificate subject to revocation under this paragraph remains 
valid until the Director, NPFC, issues a written decision revoking the 
Certificate.
    (g) An applicant or certificant whose Certificate has been denied 
under paragraph (a) of this section or revoked under paragraph (b) or 
(c) of this section may request the Director, NPFC, to reconsider the 
denial or revocation. The certificant shall file a request for 
reconsideration, in writing, to the Director, NPFC, within 20 days of 
the date of the denial or revocation. The certificant shall state the 
reasons for reconsideration. The Director, NPFC, issues a written 
decision on the request within 30 days of receipt, except that failure 
to issue a decision within 30 days shall be deemed an affirmance of a 
denial or revocation. Until the Director, NPFC, issues this decision, a 
revoked certificate remains invalid. A decision by the Director, NPFC, 
affirming a denial or revocation, is final agency action.



Sec. 138.130  Fees.

    (a) The Director, NPFC, will not issue a Certificate until the fees 
set forth in paragraphs (c) and (d) of this section have been paid.
    (b) Fees must be paid in United States currency by check, draft, or 
postal money order made payable to the ``U.S. Coast Guard''. Cash will 
not be accepted.
    (c) Except as provided in Sec. 138.70(c), an applicant that submits 
an application for the first time under this part, shall pay an initial, 
non-refundable application fee of $150 for each type of application 
(i.e., individual Certificate(s), Fleet Certificate, and Master 
Certificate). An applicant that submits an application for an additional 
(i.e., supplemental) individual Certificate, or to replace, amend or 
renew an existing Certificate, is not required to pay a new application 
fee. However, if an applicant for any reason withdraws or permits the 
withdrawal of an application for an individual Certificate(s) and the 
applicant holds no valid individual Certificate(s), in order to reapply 
for an individual Certificate(s) covering the same or different vessels 
the applicant shall submit a new application form and an application fee 
of $150. Similarly, an applicant shall submit a new application form and 
fee to obtain a new Fleet or Master Certificate following invalidation 
of a Fleet or Master Certificate.
    (d) In addition to the application fee of $150, an applicant shall 
also pay a certification fee of $80 for each Certificate requested. An 
applicant shall submit the certification fee for each vessel listed in, 
or later added to, an application for an individual Certificate(s). An 
applicant shall submit the $80 certification fee to renew or to reissue 
a Certificate for any reason, including, but not limited to, a vessel or 
operator name change or a lost certificate.
    (e) A certification fee is refunded, upon receipt of a written 
request, if the application is denied or withdrawn before issuance of 
the Certificate. Overpayments of application and certification fees are 
refunded, on request, only if the refund is for $50 or more. However, 
any overpayments not refunded will be credited, for a period of three 
years from the date of receipt of the monies by the Coast Guard, for the 
applicant's possible future use or transfer to another applicant under 
this part.



Sec. 138.140  Enforcement.

    (a) Any person who fails to comply with this part with respect to 
evidence of financial responsibility under section 1016 of OPA 90 (33 
U.S.C. 2716) is subject to a civil penalty. In addition, under section 
4303(b) of that Act (33 U.S.C. 2716a(b)), the Attorney General may 
secure such relief as may be necessary to compel compliance with this 
part including termination of operations. Further, any person who fails 
to comply with this part with respect to evidence of financial 
responsibility under section 108(a)(1) of CERCLA (42 U.S.C. 9608(a)(1)), 
is subject to a Class I administrative civil penalty and a Class II 
administrative civil penalty or judicial penalty.
    (b) The Secretary of the Treasury shall withhold or revoke the 
clearance required by 46 U.S.C. App. 91 to any vessel subject to this 
part that does not produce evidence of financial responsibility required 
by this part.

[[Page 105]]

    (c) The Coast Guard may deny entry to any port or place in the 
United States or the navigable waters of the United States, and may 
detain at a port or place in the United States in which it is located, 
any vessel subject to this part, which, upon request, does not produce 
evidence of financial responsibility required by this part.
    (d) Any vessel subject to this part which is found in the navigable 
waters without the necessary evidence of financial responsibility is 
subject to seizure by and forfeiture to the United States.
    (e) Knowingly and willfully using an invalid Certificate, or any 
copy thereof, is fraud.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



Sec. 138.150  Service of process.

    (a) When executing the forms required by this part, each applicant 
and guarantor shall designate thereon a person located in the United 
States as its agent for service of process for purposes of this part and 
for receipt of notices of designations and presentations of claims under 
the Acts (collectively referred to as ``service of process''). Each 
designated agent shall acknowledge the designation in writing unless the 
agent has already furnished the Director, NPFC, with a ``master'' (i.e., 
blanket) concurrence showing that it has agreed in advance to act as the 
United States agent for service of process for the applicant, 
certificant, or guarantor in question.
    (b) If any applicant, certificant, or guarantor desires, for any 
reason, to change any designated agent, the applicant, certificant, or 
guarantor shall notify the Director, NPFC, of the change and furnish the 
relevant information, including the new agent's acknowledgment in 
accordance with paragraph (a) of this section, if a ``master'' 
concurrence is not applicable. In the event of death, disability, or 
unavailability of a designated agent, the applicant, certificant, or 
guarantor shall designate another agent in accordance with paragraph (a) 
of this section within 10 days of knowledge of any such event. The 
applicant, certificant, or guarantor shall submit the new designation to 
the Director, NPFC. The Director, NPFC, may revoke a certificate if an 
applicant, certificant, or guarantor fails to designate and maintain an 
agent for service of process.
    (c) If a designated agent can not be served because of death, 
disability, unavailability, or similar event and another agent has not 
been designated under this section, then service of process on the 
Director, NPFC, will constitute valid service of process. Service of 
process on the Director, NPFC, will not be effective unless the server--
    (1) Sends the applicant, certificant, or guarantor (by registered 
mail, at its last known address on file with the Director, NPFC), a copy 
of each document served on the Director, NPFC; and
    (2) Attests to this registered mailing, at the time process is 
served upon the Director, NPFC, indicating that the intent of the 
mailing is to effect service of process on the applicant, certificant, 
or guarantor and that service on the designated agent is not possible, 
stating the reason why.

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                Appendix A to Part 138--Application Form

Pt. 138, App. A
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             Appendix B to Part 138--Insurance Guaranty Form
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[CGD 91-005, 61 FR 9276, Mar. 7, 1996]

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         Appendix C to Part 138--Master Insurance Guaranty Form
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[CGD 91-005, 61 FR 9283, Mar. 7, 1996]

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            Appendix D to Part 138--Surety Bond Guaranty Form
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[CGD 91-005, 61 FR 9288, Mar. 7, 1996]

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             Appendix E to Part 138--Financial Guaranty Form
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[CGD 91-005, 61 FR 9296, Mar. 7, 1996]

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         Appendix F to Part 138--Master Financial Guaranty Form
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[CGD 91-005, 61 FR 9303, Mar. 7, 1996]

[[Page 143]]



            SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES





PART 140--GENERAL--Table of Contents






                           Subpart A--General

Sec.
140.1  Purpose.
140.3  Applicability.
140.4  Relationship to other law.
140.5  Exemptions during construction.
140.7  Incorporation by reference.
140.10  Definitions.
140.15  Equivalents and approved equipment.
140.20  Delegations.
140.25  Appeals.
140.30  Judicial review.
140.35  Sanctions.
140.40  Processing penalty cases.



                         Subpart B--Inspections

140.101  Inspection by Coast Guard marine inspectors.
140.103  Annual inspection of fixed OCS facilities.
140.105  Correction of deficiencies and hazards.



                        Subpart C--Investigations

140.201  General.
140.203  Investigation procedures.
140.205  Subpoenas.

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; 49 CFR 1.46.

    Source: CGD 78-160, 47 FR 9376, Mar. 4, 1982, unless otherwise 
noted.



                           Subpart A--General



Sec. 140.1  Purpose.

    This subchapter is intended to promote safety of life and property 
on Outer Continental Shelf (OCS) facilities, vessels, and other units 
engaged in OCS activities, protect the marine environment, and implement 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as 
amended by the Outer Continental Shelf Lands Act Amendments of 1978 
(Pub. L. 95-372, 92 Stat. 629).



Sec. 140.3  Applicability.

    Unless otherwise stated, this subchapter applies to OCS facilities, 
vessels, and other units engaged in OCS activities as the term ``OCS 
activities'' is defined in Sec. 140.10. This subchapter does not apply 
to pipelines and deepwater ports (as the term ``deepwater port'' is 
defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502)).



Sec. 140.4  Relationship to other law.

    (a) Design and equipment requirements of this subchapter for OCS 
facilities, including mobile offshore drilling units in contact with the 
seabed of the OCS for exploration or exploitation of subsea resources, 
are in addition to the regulations and orders of the U.S. Geological 
Survey applicable to those facilities.
    (b) Any apparent conflict between the application of any requirement 
of this subchapter and any regulation or order of the U.S. Geological 
Survey should immediately be brought to the attention of the Officer in 
Charge, Marine Inspection.
    (c) This subchapter does not establish design requirements for fixed 
OCS facilities or regulate drilling or production equipment on any OCS 
facility or attending vessel, except for matters affecting navigation or 
workplace safety or health.



Sec. 140.5  Exemptions during construction.

    The Officer in Charge, Marine Inspection, may exempt any unit under 
construction from any requirements of this subchapter that would be 
impracticable or unreasonable to apply during construction or erection 
of the unit.



Sec. 140.7  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a). To enforce any edition other than the 
one listed in paragraph (b) of this section, notice of the change must 
be published in the Federal Register  and the material made available to 
the public. All approved material is on file at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC and at U.S. Coast Guard, Office of Compliance (G-MOC), 2100 Second 
Street, SW., Washington, DC 20593-0001

[[Page 144]]

and is available from the sources indicated in paragraph (b) of this 
section.
    (b) The material approved for incorporation by reference in this 
subchapter and the sections affected are as follows:

                                                                        
                                                                        
                                                                        
American National Standards Institute (ANSI)                            
  11 West 42nd Street, New York, NY 10036.                              
  ANSI A10.14-1975--Requirements for Safety Belts, Harnesses,           
   Lanyards, Lifelines, and Drop Lines for Construction and             
   Industrial Use............................................     142.42
  ANSI/UL1123-1987--Standard for Marine Buoyant Devices......    143.405
  ANSI Z41-1983--American National Standard for Personal                
   Protection-Protective Footwear............................     142.33
  ANSI Z87.1-1979--Practice for Occupational and Educational            
   Eye and Face Protection...................................     142.27
  ANSI Z88.2-1980--Practices for Respiratory Protection......     142.39
  ANSI Z89.1-1981--Safety Requirements for Industrial Head              
   Protection................................................     142.30
                                                                        
International Maritime Organization (IMO)                               
  IMO Sales, New York Nautical Instrument and Service Corp.,            
   140 W. Broadway, New York, NY 10013                                  
  IMO Assembly Resolution A.414 (XI) Code for Construction              
   and Equipment of Mobile Offshore Drilling Units...........   143.207;
                                                                 146.205
                                                                        


[CGD 84-098b, 54 FR 21571, May 18, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 140.10  Definitions.

    As used in this subchapter:
    Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 
1331 et seq.), as amended by the Outer Continental Shelf Lands Act 
Amendments of 1978 (Pub. L. 95-372).
    Approved means approved by the Commandant, unless otherwise 
indicated.
    Attending vessel means a vessel which is moored close to and readily 
accessible from an OCS facility for the purpose of providing power, 
fuel, or other services to the operation being conducted on the 
facility.
    Commandant means Commandant of the Coast Guard or that person's 
authorized representative.
    Development means those activities which take place following 
discovery of minerals in paying quantities, including, but not limited 
to, geophysical activity, drilling, and platform construction, and which 
are for the purpose of ultimately producing the minerals discovered.
    District Commander means an officer who commands a Coast Guard 
District described in part 3 of this chapter or that person's authorized 
representative.
    Exploration means the process of searching for minerals, including, 
but not limited to, (1) geophysical surveys where magnetic, gravity, 
seismic, or other systems are used to detect or imply the presence of 
such minerals, and (2) any drilling, whether on or off known geological 
structures, including the drilling of a well in which a discovery of oil 
or natural gas in paying quantities is made and the drilling of any 
additional delineation well after the discovery which is needed to 
delineate any reservoir and to enable the lessee to determine whether to 
proceed with development and production.
    Fixed OCS facility means a bottom founded OCS facility permanently 
attached to the seabed or subsoil of the OCS, including platforms, guyed 
towers, articulated gravity platforms, and other structures.
    Floating OCS facility means a buoyant OCS facility securely and 
substantially moored so that it cannot be moved without a special 
effort. This term includes tension leg platforms and permanently moored 
semisubmersibles or shipshape hulls but does not include mobile offshore 
drilling units and other vessels.
    Investigating officer means a person assigned by the Commandant, a 
District Commander, or an Officer in Charge, Marine Inspection, to 
conduct an investigation of an accident, casualty, or other incident.
    Manned facility means an OCS facility on which people are routinely 
accommodated for more than 12 hours in successive 24 hour periods.

[[Page 145]]

    Manned platform means a fixed OCS facility on which people are 
routinely accommodated for more than 12 hours in successive 24 hour 
periods.
    Marine inspector means a person designated as such by an Officer in 
Charge, Marine Inspection, to perform inspections of units to determine 
whether or not the requirements of laws administered by the Coast Guard 
and of Coast Guard regulations are met.
    Minerals includes oil, gas, sulphur, geopressured-geothermal and 
associated resources, and all other minerals which are authorized by an 
Act of Congress to be produced from ``public lands'' as defined in 
section 103 of the Federal Lands Policy and Management Act of 1976 (43 
U.S.C. 1702(e)).
    Mobile offshore drilling unit or MODU means a vessel, other than a 
public vessel of the United States, capable of engaging in drilling 
operations for exploration or exploitation of subsea resources.
    Officer in Charge, Marine Inspection means a person who commands a 
Marine Inspection Zone described in Part 3 of this chapter and who is 
immediately responsible for the performance of duties with respect to 
inspections, enforcement, and administration of regulations governing 
units.
    Operator means--(1) In the case of a vessel, a charterer by demise 
or any other person who is responsible for the operation, manning, 
victualing, and supplying of the vessel; or
    (2) In the case of an OCS facility, the operator as defined in 30 
CFR 250.2(gg).
    Outer Continental Shelf or OCS means all submerged lands lying 
seaward and outside of the area of ``lands beneath navigable waters'' as 
defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) 
and of which the subsoil and seabed appertain to the United States and 
are subject to its jurisdiction and control.
    OCS activity means any offshore activity associated with exploration 
for, or development or production of, the minerals of the Outer 
Continental Shelf.
    OCS facility means any artificial island, installation, or other 
device permanently or temporarily attached to the subsoil or seabed of 
the Outer Continental Shelf, erected for the purpose of exploring for, 
developing, or producing resources therefrom, or any such installation 
or other device (other than a ship or vessel) for the purpose of 
transporting such resources. The term includes mobile offshore drilling 
units when in contact with the seabed of the OCS for exploration or 
exploitation of subsea resources. The term does not include any pipeline 
or deepwater port (as the term ``deepwater port'' is defined in section 
3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)).
    Owner means a person holding title to or, in the absence of title, 
other indicia of ownership of a unit; however, this does not include a 
person who holds indicia of ownership primarily to protect a security 
interest in the unit and does not participate in the management or 
operation of the unit.
    Person means an individual, association, partnership, consortium, 
joint venture, private, public, or municipal firm or corporation, or a 
government entity.
    Person in charge means the master or other individual designated as 
such by the owner or operator under Sec. 146.5 of this subchapter or 46 
CFR 109.107.
    Personnel means individuals who are employed by leaseholders, permit 
holders, operators, owners, contractors, or subcontractors and who are 
on a unit by reason of their employment.
    Production means those activities which take place after the 
successful completion of any means for the removal of minerals, 
including, but not limited to, such removal, field operations, transfer 
of minerals to shore, operation monitoring, maintenance, and workover.
    Rebuilt means having had substantial alteration or reconstruction of 
the hull or principal structural component.
    Standby vessel means a vessel meeting the requirements of Part 143, 
Subpart E, of this chapter and specifically designated in an Emergency 
Evacuation Plan under Secs. 146.140 or 146.210 of this chapter to 
provide rapid evacuation assistance in the event of an emergency.
    Unit means any OCS facility, vessel, rig, platform, or other vehicle 
or structure, domestic or foreign.
    Unmanned facility means an OCS facility, other than a floating 
facility or

[[Page 146]]

mobile offshore drilling unit, which is not a manned facility even 
though it may be continuously serviced by an attending vessel.
    Unmanned platform means a fixed, bottom-founded OCS facility which 
is not a manned facility even though it may be continuously serviced by 
an attending vessel.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 79-077, 51 FR 
25059, July 10, 1986; CGD 84-098b, 54 FR 21571, May 18, 1989]



Sec. 140.15  Equivalents and approved equipment.

    (a) The use of alternate equipment or procedures for those specified 
in this subchapter may be permitted by an Officer in Charge, Marine 
Inspection, to the extent and upon conditions as will insure a degree of 
safety comparable to or greater than that provided by the minimum 
standards in this subchapter.
    (b) Where equipment in this subchapter is required to be of an 
approved type, the equipment requires the specific approval of the 
Commandant. Approvals are published in the Federal Register and 
COMDTINST M16714.3 (Series) Equipment List, available from Commandant 
(G-MSE), U.S. Coast Guard, Washington, DC 20593-0001.
    (c) Specifications for certain items required to be of an approved 
type are contained in 46 CFR Parts 160 through 164.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended at CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996]



Sec. 140.20  Delegations.

    (a) Each District Commander is responsible for the administration 
and enforcement of the regulations in this subchapter within that 
person's assigned district.
    (b) Under the general superintendence of the District Commander, the 
Officer in Charge, Marine Inspection, is delegated authority to 
administer and enforce the regulations in this subchapter.
    (c) Authority delegated under this section may be redelegated as 
necessary by the delegate.



Sec. 140.25  Appeals.

    (a) Any person directly affected by an action or decision of an 
Officer in Charge, Marine Inspection, under the Act or the regulations 
in this subchapter may request reconsideration of that action or 
decision. If still dissatisfied, that person may appeal the action or 
decision of the Officer in Charge, Marine Inspection, within 30 days to 
the District Commander of the District in which the action was taken or 
the decision made. The District Commander issues a decision after 
reviewing the appeal submitted under this paragraph.
    (b) Any person not satisfied with the decision of a District 
Commander may appeal that decision within 30 days to the Commandant, who 
issues a ruling after reviewing the appeal submitted under this 
paragraph. Rulings of the Commandant constitute final agency action.
    (c) An appeal to the District Commander or Commandant:
    (1) Must be made in writing, except in an emergency when an oral 
appeal may be accepted;
    (2) Must be submitted to the District Commander of the District in 
which the action was taken or the decision made;
    (3) Must describe the decision or action being appealed;
    (4) Must state the reasons why the action or decision should be set 
aside or modified; and
    (5) May contain any supporting documents and evidence that the 
appellant wishes to have considered.
    (d) Pending determination of any appeal, the action or decision 
appealed remains in effect, unless suspended by the District Commander 
to whom the appeal was made or by the Commandant.



Sec. 140.30  Judicial review.

    (a) Nothing in this subchapter shall be construed to prevent any 
interested party from seeking judicial review as authorized by law.
    (b) Judicial review of the regulations in this subchapter, or any 
final ruling

[[Page 147]]

or order of the Commandant or that person's delegate pursuant to the Act 
or the regulations in this subchapter, is governed by the judicial 
review provisions of section 23 of the Act (43 U.S.C. 1349).



Sec. 140.35  Sanctions.

    (a) Any person who fails to comply with:
    (1) Any provision of the Act;
    (2) Any regulation in this subchapter; or
    (3) Any order issued under the Act or the regulations in this 
subchapter by the Commandant, a District Commander, or an Officer in 
Charge, Marine Inspection, after notice of the failure and after 
expiration of any reasonable period allowed for corrective action, shall 
be liable for a civil penalty for each day of the continuance of the 
failure.
    (b) Any person who knowingly and willfully:
    (1) Violates any provision of the Act;
    (2) Violates any regulation in this subchapter designed to protect 
health, safety, or the environment;
    (3) Violates any order of the Commandant, District Commander, or 
Officer in Charge, Marine Inspection, issued under the Act or the 
regulations in this subchapter that is designed to protect health, 
safety, or the environment;
    (4) Makes any false statement, representation, or certification in 
any application, record, report, or other document filed or required to 
be maintained under the Act or the regulations in this subchapter;
    (5) Falsifies, tampers with, or renders inaccurate any monitoring 
device or method of record required to be maintained under this Act or 
the regulations in this subchapter; or
    (6) Reveals any data or information required to be kept confidential 
by the Act shall, upon conviction, be punished by a fine of not more 
than $100,000, or by imprisonment for not more than ten years, or both. 
Each day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of 
this section continues, or each day that any monitoring device or data 
recorder remains inoperative or inaccurate because of any activity 
described in paragraph (b)(5) of this section, constitutes a separate 
violation.
    (c) Whenever a corporation or other entity is subject to prosecution 
under paragraph (b) of this section, any officer or agent of the 
corporation or entity who knowingly and willfully authorized, ordered, 
or carried out the prescribed activity shall be subject to the same 
fines or imprisonment, or both, as provided for under paragraph (b) of 
this section.
    (d) The penalties prescribed in this section are concurrent and 
cumulative and the exercise of one does not preclude the exercise of the 
others. Further, the penalties prescribed in this section are in 
addition to any other penalties afforded by any other law or regulation.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



Sec. 140.40  Processing penalty cases.

    Apparent violations of the regulations in this subchapter are 
processed in accordance with subpart 1.07 of 33 CFR part 1 on civil and 
criminal penalty proceedings, except as follows:
    (a) The District Commander refers civil penalty cases to the 
Secretary of the Interior, or that person's delegate, who, under the 
Act, assesses, collects, and compromises civil penalties.
    (b) If a possible violation investigated by the Coast Guard carries 
both a civil and a criminal penalty, the District Commander determines 
whether to refer the case to the U.S. Attorney for criminal prosecution 
or to the Secretary of the Interior, or that person's delegate, for 
civil penalty proceedings.
    (c) When the U.S. Attorney declines to institute criminal 
proceedings, the District Commander decides whether to refer the case to 
the Secretary of the Interior, or that person's delegate, for civil 
penalty proceedings or to close the case.



                         Subpart B--Inspections



Sec. 140.101  Inspection by Coast Guard marine inspectors.

    (a) Each unit engaged in OCS activities is subject to inspection by 
the Coast Guard.

[[Page 148]]

    (b) Under the direction of the Officer in Charge, Marine Inspection, 
marine inspectors may inspect units engaged in OCS activities to 
determine whether the requirements of this subchapter are met. These 
inspections may be conducted with or without advance notice at any time 
deemed necessary by the Officer in Charge, Marine Inspection.
    (c) As part of an inspection, a marine inspector may review records 
and require and observe the conduct of emergency drills and other tests 
and procedures as may be necessary to demonstrate to that person's 
satisfaction that the unit and its equipment are in full compliance with 
applicable Coast Guard regulations. The marine inspector consults with 
the person in charge of the unit before requiring a drill or other test 
or procedure to be conducted to minimize disruption of unit activities 
and risk to life or property.
    (d) Coast Guard inspections of foreign units recognize valid 
international certificates accepted by the United States, including 
Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling 
Unit (MODU) Code certificates for matters covered by the certificates, 
unless there are clear grounds for believing that the condition of the 
unit or its equipment does not correspond substantially with the 
particulars of the certificate.
    (e) Coast Guard marine inspectors conduct an initial inspection of 
each fixed OCS facility installed after June 27, 1988, to determine 
whether the facility is in compliance with the requirements of this 
subchapter.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 84-098a, 53 FR 
18980, May 26, 1988]



Sec. 140.103  Annual inspection of fixed OCS facilities.

    (a) The owner or operator of each fixed OCS facility shall ensure 
that the facility is inspected, at intervals not to exceed 12 months, to 
determine whether the facility is in compliance with the requirements of 
this subchapter.
    (b) Except for initial inspections under Sec. 140.101(e), 
inspections by Coast Guard Marine inspectors do not meet the 
requirements for an inspection under paragraph (a) of this section.
    (c) Except for initial inspections under Sec. 140.101(e), the 
results of the inspection must be recorded on Form CG-5432. Forms CG-
5432 may be obtained from the Officer in Charge, Marine Inspection. The 
owner or operator shall submit the completed Form CG-5432 to the Officer 
in Charge, Marine Inspection, within 30 days after completion of the 
inspection.
    (d) For facilities installed on the OCS after June 27, 1988, the 12 
month period under paragraph (a) of this section begins with the initial 
inspection under Sec. 140.101(e). For facilities on the OCS on June 27, 
1988, the 12 month period begins upon completion of the first inspection 
under paragraph (a) of this section, which inspection must be completed 
within 12 months after June 27, 1988. Before September 26, 1988, the 
owner or operator shall notify the Officer in Charge, Marine Inspection, 
of the proposed inspection date for each facility.

[CGD 84-098a, 53 FR 18980, May 26, 1988]



Sec. 140.105  Correction of deficiencies and hazards.

    (a) Lifesaving and fire fighting equipment which is found defective 
during an inspection and which, in the opinion of the inspector, cannot 
be satisfactorily repaired must be so mutilated in the presence of the 
inspector that it cannot be used for the purpose for which it was 
originally intended. Lifesaving and fire fighting equipment subsequently 
determined to be unrepairable must be similarly mutilated in the 
presence of the person making that determination.
    (b) Any deficiency or hazard discovered during an inspection by a 
Coast Guard marine inspector is reported to the unit's owner or 
operator, who shall have the deficiency or hazard corrected or 
eliminated as soon as practicable and within the period of time 
specified by the Coast Guard marine inspector.
    (c) Deficiencies and hazards discovered during an inspection of a 
fixed OCS facility under Sec. 140.103(a) must be corrected or 
eliminated, if practicable, before the Form CG-5432 is submitted

[[Page 149]]

to the Officer in Charge, Marine Inspection (OCMI). Deficiencies and 
hazards that are not corrected or eliminated by the time the Form is 
submitted must be indicated on the Form as ``outstanding.'' For 
lifesaving and firefighting equipment deficiencies that cannot be 
corrected before the submission of Form CG-5432, the owner or operator 
shall contact the OCMI to request a time period for repair of the item. 
The owner or operator shall include a description of the deficiency and 
the time period specified by the OCMI for correction of the deficiency 
in the comment section of Form CG-5432. Upon receipt of a Form CG-5432 
indicating outstanding deficiencies or hazards, the OCMI informs, by 
letter, the owner or operator of the fixed OCS facility of the 
deficiencies or hazards and the time period specified to correct or 
eliminate the deficiencies or hazards.
    (d) Where a deficiency or hazard remains uncorrected or uneliminated 
after the expiration of the time specified for correction or 
elimination, the Officer in Charge, Marine Inspection, initiates 
appropriate enforcement measures.

[CGD84-098a, 53 FR 18981, May 26, 1988]



                        Subpart C--Investigations



Sec. 140.201  General.

    Under the direction of the Officer in Charge, Marine Inspection, 
investigating officers investigate the following incidents occurring as 
a result of OCS activities:
    (a) Death.
    (b) Injury resulting in substantial impairment of any bodily unit or 
function.
    (c) Fire which causes death, serious injury or property damage 
exceeding $25,000.
    (d) Oil spillage exceeding two hundred barrels of oil in one 
occurrence during a thirty-day period.
    (e) Other injuries, casualties, accidents, complaints of unsafe 
working conditions, fires, pollution, and incidents occurring as a 
result of OCS activities as the Officer in Charge, Marine Inspection, 
deems necessary to promote the safety of life or property or protect the 
marine environment.



Sec. 140.203  Investigation procedures.

    (a) Insofar as practicable, investigations conducted pursuant to 
this subchapter shall follow the procedures of 46 CFR Part 4.
    (b) Representatives of the U.S. Geological Survey may participate in 
these investigations. This participation may include, but is not limited 
to:
    (1) Participating in a joint on-scene investigation;
    (2) Making recommendations concerning the scope of the 
investigation;
    (3) Calling and examing witnesses; and
    (4) Submitting or requesting additional evidence.
    (c) Reports of investigations conducted under this subchapter shall 
be made available to parties to the investigation and the public upon 
completion of agency action.



Sec. 140.205  Subpoenas.

    (a) In any investigation conducted pursuant to this subchapter, the 
investigating officer shall have the power to administer necessary 
oaths, subpoena witnesses, and require the production of books, papers, 
documents, and any other evidence.
    (b) Attendance of witnesses or the production of books, papers, 
documents, or any other evidence shall be compelled by a process similar 
to that used in the District Courts of the United States.



PART 141--PERSONNEL--Table of Contents






                  Subpart A--Restrictions on Employment

Sec.
141.1  Purpose.
141.5  Applicability.
141.10  Definitions.
141.15  Restrictions on employment.
141.20  Exemptions from restrictions on employment.
141.25  Evidence of citizenship.
141.30  Evidence of status as a resident alien.
141.35  Records to be kept by the employer.

    Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).

    Source: CGD 78-160, 47 FR 9379, Mar. 4, 1982, unless otherwise 
noted.

[[Page 150]]



                  Subpart A--Restrictions on Employment



Sec. 141.1  Purpose.

    This subpart prescribes rules governing restrictions on the 
employment of personnel on units engaged in OCS activities.



Sec. 141.5  Applicability.

    (a) This subpart applies to employment of personnel on units engaged 
in OCS activities, except as provided in paragraph (b) of this section.
    (b) This subpart does not apply to employment of personnel on any:
    (1) Vessel subject to the citizenship requirements of 46 U.S.C. 8103 
for pilots, licensed officers, and unlicensed crew when the vessel is 
transiting to or from an OCS facility or a United States port;
    (2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102 
and 8103 for officers and crew on federally subsidized or documented 
vessels; or
    (3) Unit over 50 percent of which is owned by one or more citizens 
of a foreign nation or with respect to which one or more citizens of a 
foreign nation have the right effectively to control, except to the 
extent and to the degree that the President determines that the 
government of such foreign nation or any of its political subdivisions 
has implemented, by statute, regulation, policy, or practice, a national 
manning requirement for equipment engaged in the exploration, 
development, or production of oil or gas in its offshore areas.
    (c) The Commandant may, upon request or upon that person's own 
initiative, determine whether over 50 percent of a particular unit is 
owned by citizens of a foreign nation or whether citizens of a foreign 
nation have the right effectively to control the unit.
    (d) In determining whether ownership or a right effectively to 
control exists, the Commandant may consider operational control of a 
unit, management responsibility, title, lease and charter arrangements, 
and financial interests.
    (e) The owner or operator of any unit affected is notified of the 
Commandant's determination.

(Information collection requirements contained in paragraph (c) were 
approved by the Office of Management and Budget under OMB control number 
2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 97-023, 62 FR 
33363, June 19, 1997]



Sec. 141.10  Definitions.

    As used in this subpart:
    Citizens of the United States means:
    (1) In the case of an individual, one who is a native born, 
derivative, or fully naturalized citizen of the United States;
    (2) In the case of a partnership, unincorporated company, or 
association, one in which 50% or more of the controlling interest is 
vested in citizens of the United States; or
    (3) In the case of a corporation, one which is incorporated under 
the laws of the United States or of any State thereof.
    Citizen of a foreign nation means:
    (1) In the case of an individual, one who is not a citizen of the 
United States;
    (2) In the case of a partnership, unincorporated company, or 
association, one in which more than 50% of the controlling interest is 
vested in citizens of a nation other than the United States; or
    (3) In the case of a corporation, one which is incorporated under 
the laws of a nation other than the United States so long as (i) the 
title to a majority of the stock thereof is free from any trust or 
fiduciary obligation in favor of any citizen of the United States; (ii) 
the majority of the voting power in the corporation is not vested in any 
citizen of the United States; (iii) through any contract or 
understanding, the majority of the voting power may not be exercised 
directly or indirectly on behalf of any citizen of the United States; or 
(iv) by no other means, control of the corporation is conferred upon or 
permitted to be exercised by any citizen of the United States.

[[Page 151]]

    Resident alien means an alien lawfully admitted to the United States 
for permanent residence in accordance with section 101(a)(20) of the 
Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 
1101(a)(20).



Sec. 141.15  Restrictions on employment.

    (a) On or after April 5, 1983, each employer of personnel on any 
unit engaged in OCS activities that is subject to this part must employ, 
as members of the regular complement of the unit, only citizens of the 
United States or resident aliens except as provided by Sec. 141.20.
    (b) As used in paragraph (a) of this section, ``regular complement 
of a unit'' means those personnel necessary for the routine functioning 
of the unit, including marine officers and crew; industrial personnel on 
the unit, such as toolpushers, drillers, roustabouts, floor hands, crane 
operators, derrickmen, mechanics, motormen, and general maintenance 
personnel; and support personnel on the unit, such as cooks, stewards 
and radio operators. The term does not include specialists, 
professionals, or other technically trained personnel called in to 
handle emergencies or other temporary operations; extra personnel on a 
unit for training; and other personnel temporarily on a unit for 
specialized operations, such as construction, alteration, well logging, 
or unusual repairs or emergencies.
    (c) The Officer in Charge, Marine Inspection, may determine whether 
a particular individual or position is part of the regular complement of 
a unit. A copy of the determination is provided to the owner or operator 
of the unit affected.

(Approved by the Office of Management and Budget under OMB control 
number 2130-0182)



Sec. 141.20  Exemptions from restrictions on employment.

    (a) An employer may request an exemption from the restrictions on 
employment in Sec. 141.15 in order to employ persons other than citizens 
of the United States or resident aliens as part of the regular 
complement of the unit under the following circumstances:
    (1) When specific contractual provisions or national registry 
manning requirements in effect on September 18, 1978 provide that a 
person other than a citizen of the United States or a resident alien is 
to be employed on a particular unit.
    (2) When there is not a sufficient number of citizens of the United 
States or resident aliens qualified and available for the work.
    (3) When the President determines with respect to a particular unit 
that the employment of only citizens of the United States or resident 
aliens is not consistent with the national interest.
    (b) The request must be in writing, identify the provision of 
paragraph (a) of this section relied upon, and:
    (1) If involving specific contractual provisions under paragraph 
(a)(1) of this section, list the persons claimed exempt and contain a 
copy of the contract;
    (2) If involving persons without an H-2 Visa under paragraph (a)(2) 
of this section, list the persons or positions sought to be exempted; or
    (3) If under paragraph (a)(3) of this section, identify the unit 
involved and contain any information in support of the claim.
    (c) Requests must be submitted to the Commandant (G-MOC), U.S. Coast 
Guard Headquarters, 2100 2nd Street, SW., Washington, D.C. 20593.
    (d) Upon receipt of a request under paragraph (a)(2) of this 
section, the Coast Guard seeks information from the Department of Labor 
concerning whether there are citizens of the United States or resident 
aliens qualified and available for work. If information is provided that 
citizens of the United States or resident aliens are qualified and 
available, the employer may be required to seek their employment before 
the request is approved.
    (e) Upon receipt of a request under paragraph (a)(3) of this section 
and after consulting with other Federal agencies as appropriate, the 
Commandant forwards the request and the comments of the Coast Guard and 
other interested agencies to the President for determination.
    (f) Upon approval by the President for request under paragraph 
(a)(3) of this section or by the Coast Guard for all other requests, the 
Coast Guard issues a certification of the exemption. A certification 
issued under paragraph

[[Page 152]]

(a)(2) of this section is valid for one year from the date of issuance.
    (g) If, within 30 days of receipt by the Coast Guard of a request 
under paragraph (a)(2) of this section, the Coast Guard does not make a 
determination or advise the employer that additional time for 
consideration is necessary, the request is considered approved for a 
period of 90 days from the end of the 30 day period.
    (h) A request need not be submitted for persons who are not citizens 
of the United States or resident aliens and who:
    (1) Are employed under the national registry manning requirements 
exception in paragraph (a)(1) of this section; or
    (2) Have been classified and admitted to the United States as 
temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a 
position for which admitted.

(Approved by the Office of Management and Budget under OMB control 
number 2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 141.25  Evidence of citizenship.

    (a) The employer may accept as sufficient evidence that a person is 
a citizen of the United States any one of the following documents and no 
others:
    (1) A merchant mariner's document issued by the Coast Guard under 46 
CFR Part 12 which shows the holder to be citizen of the United States.
    (2) An original or certified copy of a birth certificate or birth 
registration issued by a state or the District of Columbia.
    (3) A United States passport.
    (4) A Certificate of Citizenship issued by the Immigration and 
Naturalization Service.
    (5) A Certificate of Naturalization issued by a Naturalization 
Court.
    (6) A letter from the Coast Guard issued under paragraph (d) of this 
section.
    (b) If a person does not have one of the documents listed in 
paragraphs (a)(1) through (a)(6) of this section, that person may appear 
in person before an Officer in Charge, Marine Inspection, and submit one 
or more of the following documents which may be considered as evidence 
that the applicant is a citizen of the United States:
    (1) A Certificate of Derivative Citizenship or a Certificate of 
Naturalization of either parent and a birth certificate of the applicant 
or other evidence satisfactorily establishing that the applicant was 
under 21 years of age at the time of the parent's naturalization.
    (2) An original or certified copy of a birth certificate from a 
political jurisdiction outside the United States which demonstrates 
citizenship status.
    (3) A Baptismal certificate or parish record recorded within one 
year after birth.
    (4) A statement of a practicing physician certifying that the 
physician attended the birth and has a record showing the date on which 
the birth occurred.
    (5) A commission, or evidence of commission, in the Armed Forces of 
the United States which shows the holder to be a citizen of the United 
States.
    (6) A continuous discharge book or certificate of identification 
issued by the Coast Guard or the former Bureau of Marine Inspection, 
provided the document shows that the applicant produced satisfactory 
evidence of citizenship at the time the document was issued.
    (7) A delayed certificate of birth issued under a state seal, 
provided there are no collateral facts indicating fraud in its 
procurement.
    (8) A report of the Census Bureau showing the earliest available 
record of the applicant's age or birth.
    (9) Affidavits of parents, relatives, or two or more responsible 
citizens of the United States, school records; immigration records; 
insurance policies; or other records which support the citizenship 
claim.
    (c) In any case where doubt exists concerning evidence of 
citizenship submitted under paragraph (b) of this section, the Officer 
in Charge, Marine Inspection, may refer the matter to the United States 
Immigration and Naturalization Service for an advisory opinion.
    (d) If the documents submitted under paragraph (b) of this section 
are determined by the Officer in Charge, Marine Inspection, to be 
sufficient evidence

[[Page 153]]

that the applicant is a citizen of the United States, the Coast Guard 
issues the applicant a letter acknowledging this determination.

(Approved by the Office of Management and Budget under OMB control 
number 2130-0182)



Sec. 141.30  Evidence of status as a resident alien.

    The employer may accept as sufficient evidence that a person is a 
resident alien any one of the following documents and no others:
    (a) A merchant mariner's document issued by the Coast Guard under 46 
CFR Part 12.
    (b) An alien registration receipt card issued by the Immigration and 
Naturalization Service certifying that the card holder has been admitted 
to the United States as an immigrant.
    (c) A declaration of intention to become a citizen of the United 
States issued by the a Naturalization Court.



Sec. 141.35  Records to be kept by the employer.

    (a) The employer of personnel subject to this subpart shall 
maintain, and make available to the Coast Guard upon request, a record 
identifying which of the documents listed in Secs. 141.25 and 141.30 
were relied upon for each employee. The record must consist of either a 
copy of the document or the following information on the document:
    (1) For a merchant mariner's document or a United States passport, 
the document's title and identification number.
    (2) For a birth certificate or birth registration, the document's 
title and the employee's date and place of birth.
    (3) For all other documents listed in Secs. 141.25 and 141.30, the 
document's title and date and place of issuance.
    (b) The employer of personnel subject to this subpart shall maintain 
a written list of the positions that make up the regular complement of 
the unit and the name and nationality of the individual filling each 
employee position. This list may be in summary form and any simple 
format.

(Approved by the Office of Management and Budget under OMB control 
number 2130-0182)



PART 142--WORKPLACE SAFETY AND HEALTH--Table of Contents






                           Subpart A--General

Sec.
142.1  Purpose.
142.4  Duties of lessees, permittees, and persons responsible for actual 
          operations.
142.7  Reports of unsafe working conditions.



                Subpart B--Personal Protective Equipment

142.21  Purpose and applicability.
142.24  Use of equipment.
142.27  Eye and face protection.
142.30  Head protection.
142.33  Foot protection.
142.36  Protective clothing.
142.39  Respiratory protection.
142.42  Safety belts and lifelines.
142.45  Personal flotation devices.
142.48  Eyewash equipment.



                 Subpart C--General Workplace Conditions

142.81  Purpose and applicability.
142.84  Housekeeping.
142.87  Guarding of deck openings.
142.90  Lockout and tagout.

    Authority: 43 U.S.C 1333(d)(1), 1347(c), 1348(c); 49 CFR 1.46(z).

    Source: CGD 79-077, 51 FR 25059, July 10, 1986, unless otherwise 
noted.



                           Subpart A--General



Sec. 142.1  Purpose.

    This part is intended to promote workplace safety and health by 
establishing requirements relating to personnel, workplace activities 
and conditions, and equipment on the Outer Continental Shelf (OCS).



Sec. 142.4  Duties of lessees, permittees, and persons responsible for actual operations.

    (a) Each holder of a lease or permit under the Act shall ensure that 
all places of employment within the lease area or within the area 
covered by the permit on the OCS are maintained in compliance with 
workplace safety and health regulations of this part and, in addition, 
free from recognized hazards.
    (b) Persons responsible for actual operations, including owners, 
operators, contractors, and subcontractors, shall ensure that those 
operations subject to their control are conducted in compliance with 
workplace safety and health

[[Page 154]]

regulations of this part and, in addition, free from recognized hazards.
    (c) ``Recognized hazards'', in paragraphs (a) and (b) of this 
section, means conditions which are--
    (1) Generally known among persons in the affected industry as 
causing or likely to cause death or serious physical harm to persons 
exposed to those conditions; and
    (2) Routinely controlled in the affected industry.



Sec. 142.7  Reports of unsafe working conditions.

    (a) Any person may report a possible violation of any regulation in 
this subchapter or any other hazardous or unsafe working condition on 
any unit engaged in OCS activities to an Officer in Charge, Marine 
Inspection.
    (b) After reviewing the report and conducting any necessary 
investigation, the Officer in Charge, Marine Inspection, notifies the 
owner or operator of any deficiency or hazard and initiates enforcement 
measures as the circumstances warrant.
    (c) The identity of any person making a report under paragraph (a) 
of this section is not made available, without the permission of the 
reporting person, to anyone other than those officers and employees of 
the Department of Transportation who have a need for the record in the 
performance of their official duties.



                Subpart B--Personal Protective Equipment



Sec. 142.21  Purpose and applicability.

    This subpart prescribes requirements concerning personal protection 
on OCS facilities.



Sec. 142.24  Use of equipment.

    (a) Each holder of a lease or permit issued under the Act shall 
ensure that all personnel who are required by this subpart to use or 
wear personal protective equipment do so when within the lease area or 
the area covered by the permit.
    (b) Persons responsible for actual operations shall ensure that all 
personnel engaged in the operation properly use or wear the personal 
protective equipment specified by this subpart.



Sec. 142.27  Eye and face protection.

    (a) Personnel engaged in or observing welding, grinding, machining, 
chipping, handling hazardous materials, or acetylene burning or cutting 
shall wear the eye and face protector specified for the operation in 
Figure 8 of ANSI Z87.1.
    (b) Eye and face protectors must be maintained in good condition.
    (c) Each eye and face protector must be marked with the information 
required by ANSI Z87.1 for that type of protector.



Sec. 142.30  Head protection.

    (a) Personnel in areas where there is a hazard of falling objects or 
of contact with electrical conductors shall wear a head protector 
meeting the specifications of ANSI Z89.1, for the hazard involved.
    (b) Each head protector must be marked with the information 
specified by ANSI Z89.1 for that type of protector and for the hazard 
involved.



Sec. 142.33  Foot protection.

    (a) Personnel working in areas or engaged in activities where there 
is a reasonable probability for foot injury to occur shall wear footwear 
meeting the specifications of ANSI Z41, except when environmental 
conditions exist that present a hazard greater than that against which 
the footwear is designed to protect.
    (b) Each pair of footwear must be marked with the information 
specified by ANSI Z41 for the type of footwear.

[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 FR 28381, Aug. 
7, 1986]



Sec. 142.36  Protective clothing.

    Personnel in areas where there are flying particles, molten metal, 
radiant energy, heavy dust, or hazardous materials shall wear clothing 
and gloves providing protection against the hazard involved.



Sec. 142.39  Respiratory protection.

    (a) Personnel in an atmosphere specified under ANSI Z88.2, requiring 
the use of respiratory protection equipment shall wear the type of 
respiratory protection equipment specified in ANSI Z88.2 for that 
atmosphere.

[[Page 155]]

    (b) Before personnel enter an atmosphere specified under ANSI Z88.2 
requiring the use of respiratory protection equipment, the persons 
listed in Sec. 142.4 shall ensure that the personnel entering the 
atmosphere--
    (1) Follow the procedures stated in section 6 of ANSI Z88.2 
concerning the proper selection of a respirator and individual fit 
testing; and
    (2) Are trained in the matters set forth in section 7 of ANSI Z88.2 
concerning proper use of the equipment to be used and in the generally 
recognized short and long term harmful effects of exposure to the 
atmosphere involved.
    (c) All respiratory protection equipment must be approved, used, and 
maintained in accordance with ANSI Z88.2.

[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 FR 28381, Aug. 
7, 1986]



Sec. 142.42  Safety belts and lifelines.

    (a) Except when moving from one location to another, personnel 
engaged in an activity where there is a hazard of falling 10 or more 
feet shall wear a safety belt or harness secured by a lanyard to a 
lifeline, drop line, or fixed anchorage.
    (b) Each safety belt, harness, lanyard, lifeline, and drop line must 
meet the specifications of ANSI A10.14.



Sec. 142.45  Personal flotation devices.

    Personnel, when working in a location such that, in the event of a 
fall, they would likely fall into water, shall wear a work vest that 
meets the requirements of 33 CFR 146.20 or a life preserver that meets 
the requirements of 46 CFR 160.002, 160.005, or 160.055, except when 
using the safety belts and lifelines required by Sec. 142.42.



Sec. 142.48  Eyewash equipment.

    Portable or fixed eyewash equipment providing emergency relief must 
be immediately available near the drill floor, mudrooms, and other areas 
where there is a reasonable probability that eye injury may occur.

[CGD 79-077, 51 FR 28381, Aug. 7, 1986]



                 Subpart C--General Workplace Conditions



Sec. 142.81  Purpose and applicability.

    This subpart prescribes requirements relating to general working 
conditions on OCS facilities.



Sec. 142.84  Housekeeping.

    All staging, platforms, and other working surfaces and all ramps, 
stairways, and other walkways must be kept clear of portable tools, 
materials, and equipment not in use and be promptly cleared of 
substances which create a tripping or slipping hazard. When engaged in 
an activity on the drill floor in which the spillage of drilling fluid 
is inevitable, such as when pulling wet strings of drill pipe, footwear 
and flooring designed to reduce slipping substantially may be used 
instead of keeping the drill floor free of drilling fluid during the 
activity.

[CGD 79-077, 51 FR 28381, Aug. 7, 1986]



Sec. 142.87  Guarding of deck openings.

    Openings in decks accessible to personnel must be covered, guarded, 
or otherwise made inaccessible when not in use. The manner of blockage 
shall prevent a person's foot or body from inadvertently passing through 
the opening.



Sec. 142.90  Lockout and tagout.

    (a) While repair or other work is being performed on equipment 
powered by an external source, that equipment must be locked out as 
required in paragraph (b) of this section or, if a lockout provision 
does not exist on the equipment, must be disconnected from the power 
source or otherwise deactivated, unless the nature of the work being 
performed necessitates that the power be connected or the equipment 
activated.
    (b) If the equipment has a lockout or other device designed to 
prevent unintentional activation of the equipment, the lockout or other 
device must be engaged while the work is being performed on the 
equipment, unless the nature of the work being performed necessitates 
that the equipment be activated.

[[Page 156]]

    (c) A tag must be placed at the point where the equipment connects 
to a power source and at the location of the control panel activating 
the power, warning--
    (1) That equipment is being worked on; and
    (2) If the power source is disconnected or the equipment 
deactivated, that the power source must not be connected or the 
equipment activated.
    (d) The tags must not be removed without the permission of either 
the person who placed the tags, that person's immediate supervisor, or 
their respective reliefs.

[CGD 79-077, 51 FR 25059, July 10, 1986; 51 FR 28382, Aug. 7, 1986]



PART 143--DESIGN AND EQUIPMENT--Table of Contents






                           Subpart A--General

Sec.
143.1  Purpose.
143.15  Lights and warning devices.



                        Subpart B--OCS Facilities

143.100  Applicability.
143.101  Means of escape.
143.105  Personnel landings.
143.110  Guards and rails.
143.120  Floating OCS facilities.



            Subpart C--Mobile Offshore Drilling Units (MODUs)

143.200  Applicability.
143.201  Existing MODUs exempted from new design requirements.
143.205  Requirements for U.S. and undocumented MODUs.
143.207  Requirements for foreign MODUs.
143.210  Letter of compliance.



                           Subpart D--Vessels

143.300  Applicability.
143.301  Load line requirements.



                       Subpart E--Standby Vessels

143.400  Applicability.
143.401  Vessel certification and operation.
143.405  Equipment.
143.407  Manning.

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46; section 
143.210 is also issued under 14 U.S.C. 664 and 31 U.S.C. 9701.

    Source: CGD 78-160, 47 FR 9382, Mar. 4, 1982, unless otherwise 
noted.



                           Subpart A--General



Sec. 143.1  Purpose.

    This part prescribes design and equipment requirements for units 
engaged in OCS activities.



Sec. 143.15  Lights and warning devices.

    (a) OCS facilities must meet the lights and warning devices 
requirements under Part 67 of this chapter concerning aids to navigation 
on artificial islands and fixed structures.
    (b) Vessels, including attending vessels but excluding MODUs under 
paragraph (a) of this section, must meet the lights and warning devices 
requirements under the International Regulations for Preventing 
Collisions at Sea 1972 (33 CFR Part 87, Appendix A) or under local rules 
provided for in Rule 1 of those Regulations.



                        Subpart B--OCS Facilities



Sec. 143.100  Applicability.

    This subpart applies to OCS facilities except mobile offshore 
drilling units.



Sec. 143.101  Means of escape.

    (a) ``Primary means of escape'' shall be fixed stairways or fixed 
ladders of metal construction.
    (b) ``Secondary means of escape'' shall be types approved for 
``primary means of escape'' or portable, flexible ladders, knotted man 
ropes, and other devices satisfactory to the Officer in Charge, Marine 
Inspection.
    (c) Manned OCS facilities shall be provided with at least two 
``primary means of escape'' extending from the uppermost platform level 
that contains living quarters or that personnel occupy continuously, to 
each successively lower working level and to the water surface. Working 
levels without living quarters, shops, or offices in manned facility 
structural appendages, extensions, and installations that personnel 
occupy only occasionally shall be provided with one ``primary means of 
escape'' and, when necessary in the opinion of the Officer in Charge, 
Marine Inspection, one or more ``secondary means of escape.''
    (d) Unmanned OCS facilities shall be provided with at least one 
``primary

[[Page 157]]

means of escape'' extending from the uppermost platform working level to 
each successively lower working level and to the water surface. When 
personnel are on board, unmanned facilities shall also be provided with 
one or more ``secondary means of escape,'' but not more than one will be 
required for every 10 persons extending from the uppermost working level 
of the facility to each successively lower working level and to the 
water surface, excluding facility appendages and installations, unless 
``secondary means of escape'' from such appendages and installations are 
necessary in the opinion of the Officer in Charge, Marine Inspection.
    (e) ``Means of escape'' shall be suitably accessible to personnel 
for rapid facility evacuation.
    (f) When two or more ``means of escape'' are installed, at least two 
shall be located as nearly diagonally opposite each other as practicable 
unless such requirement is unreasonable or impracticable in the opinion 
of the Officer in Charge, Marine Inspection.



Sec. 143.105  Personnel landings.

    (a) Sufficient personnel landings shall be provided on each manned 
OCS facility to assure safe access and egress. When due to special 
construction personnel landings are not feasible, then suitable transfer 
facilities to provide safe access and egress shall be installed.
    (b) The personnel landings shall be provided with satisfactory 
illumination. The minimum shall be one-foot candle of artificial 
illumination as measured at the landing floor and guards and rails.



Sec. 143.110  Guards and rails.

    (a) Except for helicopter landing decks which are provided for in 
paragraph (b) of this section, and areas not normally occupied, the 
unprotected perimeter of all floor or deck areas and openings shall be 
rimmed with guards and rails or wire mesh fence. The guard rail or fence 
shall be at least 42 inches high. The two intermediate rails shall be so 
placed that the rails are approximately evenly spaced between the guard 
rail and the floor or deck area: Provided, That if a toe board is 
installed then one of the intermediate rails may be omitted and the 
other rail placed approximately half way between the top of the toe 
board and the top guard rail.
    (b) The unprotected perimeter of the helicopter landing deck shall 
be protected with a device of sufficient strength and size as to prevent 
any person from falling from such deck.
    (c) Each catwalk and each stairway shall be provided with a suitable 
guard rail or rails, as necessary.



Sec. 143.120  Floating OCS facilities.

    (a) Before construction is started on a proposed floating OCS 
facility, the owner or operator of the facility must submit to the Coast 
Guard for approval all plans and information listed in subpart C of 46 
CFR part 107 which relate to the facility. All plans and information 
must be submitted according to the procedures in that subpart.
    (b) The facility must comply with the requirements of subchapters F 
(Marine Engineering) and J (Electrical Engineering) of 46 CFR chapter I 
and 46 CFR part 108 (Design and Equipment). Where unusual design or 
equipment needs make compliance impracticable, alternative proposals 
that provide an equivalent level of safety may be accepted. These 
requirements do not apply to production systems on the facility.
    (c) The Officer in Charge, Marine Inspection, determines whether a 
floating OCS facility meets the requirements of paragraph (b) of this 
section and issues a certificate of inspection for each facility which 
meets these requirements. Inspection of the facility may be required as 
part of this determination.



                Subpart C--Mobile Offshore Drilling Units



Sec. 143.200  Applicability.

    This subpart applies to mobile offshore drilling units when engaged 
in OCS activities.



Sec. 143.201  Existing MODUs exempted from new design requirements.

    Any mobile offshore drilling unit built before, under construction 
on, or contracted for prior to April 5, 1982 is

[[Page 158]]

not required to meet the design requirements of this subpart until the 
unit is rebuilt. Until rebuilt, the unit must continue to comply with 
the design requirements applicable to the unit on April 4, 1982.

[CGD 78-160, 47 FR 11011, Mar. 15, 1982]



Sec. 143.205  Requirements for U.S. and undocumented MODUs.

    Each mobile offshore drilling unit that is documented under the laws 
of the United States or not documented under the laws of any nation must 
comply with the design, equipment, and inspection requirements of 46 CFR 
parts 107 and 108 in order to engage in OCS activities.



Sec. 143.207  Requirements for foreign MODUs.

    Each mobile offshore drilling unit that is documented under the laws 
of a foreign nation must, when engaged in OCS activities, comply with 
one of the following:
    (a) The design and equipment standards of 46 CFR part 108.
    (b) The design and equipment standards of the documenting nation if 
the standards provide a level of safety generally equivalent to or 
greater than that provided under 46 CFR part 108.
    (c) The design and equipment standards for mobile offshore drilling 
units contained in the International Maritime Organization (IMO, 
formerly Inter-Governmental Maritime Consultative Organization or IMCO) 
(IMO) Code for Construction and Equipment of Mobile Offshore Drilling 
Units (IMO Assembly Resolution A.414(XI)) which has been incorporated by 
reference.



Sec. 143.210  Letter of compliance.

    (a) The Officer in Charge, Marine Inspection, determines whether a 
mobile offshore drilling unit which does not hold a valid Coast Guard 
Certificate of Inspection meets the requirements of Secs. 143.205 or 
143.207 relating to design and equipment standards and issues a letter 
of compliance for each unit which meets the requirements. Inspection of 
the unit may be required as part of this determination.
    (b) A letter of compliance issued under paragraph (a) of this 
section is valid for one year or until the MODU departs the OCS for 
foreign operations, whichever comes first.
    (c) The owner or operator of a foreign mobile offshore drilling unit 
requiring a letter of compliance examination must pay the fee prescribed 
in 46 CFR 2.10-130.

[CGD 84-098a, 53 FR 18981, May 26, 1988, as amended by CGD 91-030, 60 FR 
13563, Mar. 13, 1995]



                           Subpart D--Vessels



Sec. 143.300  Applicability.

    This subpart applies to all vessels engaged in OCS activities except 
mobile offshore drilling units.



Sec. 143.301  Load line requirements.

    (a) Vessels, including foreign vessels, which would be subject to 
the requirements of subchapter E of 46 CFR chapter I concerning load 
lines when arriving at or proceeding to sea from any port or place 
within the United States must comply with those requirements when 
engaged in activities on the OCS.
    (b) Load line certificates and load line exemption certificates 
issued or accepted under subchapter E of 46 CFR chapter I are accepted 
as evidence of compliance with paragraph (a) of this section.



                       Subpart E--Standby Vessels

    Source: CGD 84-098b, 54 FR 21571, May 18, 1989, unless otherwise 
noted.



Sec. 143.400  Applicability.

    This subpart applies only to standby vessels meeting the 
requirements of this subpart and specifically designated in an Emergency 
Evacuation Plan (EEP) required by Secs. 146.140 or 146.210 of this 
chapter to provide rapid evacuation assistance in the event of an 
emergency.



Sec. 143.401  Vessel certification and operation.

    Standby vessels must meet the following:
    (a) Have a valid certificate of inspection issued in compliance with 
Subchapters H, I, or T of 46 CFR Chapter I.
    (b) Be capable of carrying and providing shelter for 100 per cent of 
the number of persons on the most populated

[[Page 159]]

facility that the standby vessel is designated to assist. Crew spaces 
may be used to meet the requirements of this section.
    (c) Provide bunks or aircraft type reclining seats for 10 per cent 
of the number of persons on the most populated facility that the standby 
vessel is designated to assist. Crew spaces may be used to meet the 
requirements of this section.
    (d) Not carry or store goods, supplies, and equipment on the deck of 
the standby vessel or in other locations that may hinder the vessel's 
ability to render assistance to the facility that the vessel is 
designated to assist.
    (e) Not carry or store any hazardous material.



Sec. 143.405  Equipment.

    (a) Standby vessels must have, at least, the following equipment:
    (1) Multiple propellers or propulsion devices.
    (2) Two searchlights.
    (3) For vessels certificated under Subchapter H of 46 CFR Chapter I, 
a line throwing appliance that meets the requirements in 46 CFR 75.45.
    (4) For vessels certificated under subchapters I or T of 46 CFR 
chapter I, a line throwing appliance that meets the requirements of 46 
CFR 94.45.
    (5) A Stokes or comparable litter.
    (6) One blanket for each person on the most populated facility that 
the standby vessel is designated to assist.
    (7) Means for safely retrieving persons, including injured or 
helpless persons, from the water. The means of retrieval must be 
demonstrated to the satisfaction of the Officer in Charge, Marine 
Inspection.
    (8) A scramble net that can be rigged on either side of the standby 
vessel.
    (9) A minimum of four Coast Guard approved ring life buoys, each 
equipped with 15 fathoms of line.
    (10) An immersion suit approved by the Coast Guard under 46 CFR 
160.171, or a buoyant suit meeting Supplement A of ANSI/UL-1123-1987 and 
approved under 46 CFR 160.053, for each member of the standby vessel's 
crew when the standby vessel operates north of 32 degrees north latitude 
in the Atlantic Ocean or north of 35 degrees north latitude in all other 
waters.
    (11) Two boat hooks.
    (12) A fire monitor with a minimum flow rate of, at least, 500 
gallons per minute.
    (13) One two-way radio capable of voice communications with the OCS 
facility, helicopters or other rescue aircraft, rescue boats, and shore 
side support personnel.
    (14) Floodlights to illuminate the personnel and boat retrieval 
area, the scramble net when deployed, and the water around the personnel 
retrieval and scramble net deployment areas.
    (15) A copy of ``The Ship's Medicine Chest and Medical Aid at Sea'', 
DHHS Publication No. (PHS) 84-2024, available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.
    (16) An industrial first aid kit sized for 50 percent of the number 
of persons on the most populated facility that the standby vessel is 
designated to assist.
    (17) Coast Guard approved life preservers for 50 percent of the 
number of persons on the most populated facility that the standby vessel 
is designated to assist.
    (b) Equipment required by paragraph (a) of this section must be to 
the satisfaction of the Officer in Charge, Marine Inspection.



Sec. 143.407  Manning.

    Standby vessels must be crewed in accordance with their certificate 
of inspection for 24 hour operation. The Officer in Charge, Marine 
Inspection, may require the crew to be augmented, as necessary, to 
provide for maneuvering the standby vessel, for lookouts, for rigging 
and operating retrieval equipment, and for caring for survivors.



PART 144--LIFESAVING APPLIANCES--Table of Contents






                    Subpart 144.01--Manned Platforms

Sec.
144.01-1  Life floats.
144.01-5  Location and launching of life floats.
144.01-10  Equipment for life floats.
144.01-15  Alternates for life floats.
144.01-20  Life preservers.
144.01-25  Ring life buoys.
144.01-30  First-aid kit.

[[Page 160]]

144.01-35  Litter.
144.01-40  Emergency communications equipment.



                   Subpart 144.10--Unmanned Platforms

144.10-1  Lifesaving equipment.
144.10-10  Other lifesaving equipment.



      Subpart 144.20--Requirements for U.S. and Undocumented MODU's

144.20-1  Applicability.
144.20-5  Exposure suits.



             Subpart 144.30--Requirements for Foreign MODU's

144.30-1  Applicability.
144.30-5  Exposure suits.

    Authority: 43 U.S.C. 1333d; 46 U.S.C. 3102(a); 46 CFR 1.46.



                    Subpart 144.01--Manned Platforms



Sec. 144.01-1   Life floats.

    Each manned platform shall be provided with at least two approved 
life floats. The life floats shall have sufficient capacity to 
accommodate all persons present at any one time.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 144.01-5   Location and launching of life floats.

    The life floats shall be distributed in accessible locations and 
mounted on the outboard sides of the working platform in such a manner 
as to be readily launched.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 144.01-10   Equipment for life floats.

    (a) Each lifefloat shall be provided with a painter. This painter 
shall be a manila rope not less than 2\3/4\ inches in circumference and 
of a length not less than three times the distance from the deck where 
the lifefloat is stowed to the low water line. Alternatively, the 
painter may be of other material provided it has equal strength to the 
size of manila rope specified and is not less than \1/2\ inch in 
diameter.
    (b) Each life float must have a water light of an approved automatic 
electric type constructed in accordance with 46 CFR Subpart 161.010, 
except a water light constructed in accordance with former 46 CFR 
Subpart 161.001 that was installed before January 1, 1972, may be 
retained in an existing installation as long as it is maintained in good 
condition. The water light must be attached to the life float by a 12-
thread manila or equivalent synthetic lanyard not less than 2 meters (6 
feet) nor more than 4 meters (12 feet) in length. The water light must 
be mounted on a bracket so that when the life float is launched, the 
water light will pull free of the bracket.
    (c) Two paddles shall be provided for each life float. The paddles 
shall not be less than five feet nor more than six feet long. The 
paddles shall be stowed in such a way that they will be readily 
accessible from either side of the life float when in the water.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]

    Editorial Note: For Federal Register citations affecting 
Sec. 144.01-10, see the List of CFR Sections Affected in the Finding 
Aids section of this volume.



Sec. 144.01-15   Alternates for life floats.

    (a) Approved lifeboats, approved life rafts or approved inflatable 
life rafts may be used in lieu of approved life floats for either all or 
part of the capacity required. When either lifeboats or life rafts are 
used approved means of launching will be required. Inflatable life 
rafts, when used, shall be distributed and mounted as required for life 
floats under Sec. 144.01-5.
    (b) The equipment required for a lifeboat is a bailer, boat hook, 
bucket, hatchet, lantern, life line, two life preservers, matches, full 
complement of oars and steering oar, painter, plug, and rowlocks, of the 
same type, kind, and character as required for lifeboats carried on 
vessels engaged in navigating bays, sounds, and lakes other than the 
Great Lakes, and rivers.
    (c) The equipment required for a life raft is a boat hook, life line 
(if not a Type A life raft), full complement of oars and steering oar, 
painter, and rowlocks of the same type, kind, and character as required 
for life rafts carried on cargo and miscellaneous vessels navigating on 
bays, sounds, and lakes other than the Great Lakes.
    (d) Inflatable liferafts shall be approved by the Coast Guard under 
approval series 160.151. An approved

[[Page 161]]

``Limited Service'' or ``Ocean Service'' liferaft installed on board a 
platform before May 9, 1997, may continue to be used to meet the 
requirements of this section provided it is maintained in good and 
serviceable condition.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 60-35 25 FR 
10132, Oct. 25, 1960; CGD 85-205, 62 FR 35392, July 1, 1997]



Sec. 144.01-20   Life preservers.

    (a) An approved life preserver shall be provided for each person on 
a manned platform. The life preservers shall be located in easily 
accessible places.
    (b) On or before July 1, 1963, all kapok and fibrous glass life 
preservers which do not have plastic-covered pad inserts shall be 
removed from service.
    (c) Each life preserver carried on a manned platform after October 
5, 1982, must have a personal flotation device light that is approved 
under Subpart 161.012 of 46 CFR Part 161. Each light must be securely 
attached to the front shoulder area of the life preserver.
    (d) Each life preserver carried on a manned platform after October 
5, 1982, must have at least 200 sq. cm (31 sq. in.) of retroreflective 
material attached on its front side, at least 200 sq. cm on its back 
side, and at leat 200 sq. cm of material on each of its reversible 
sides. The material must be Type I material that is approved under 46 
CFR 164.018. The material attached on each side of a life preserver must 
be divided equally between the upper quadrants of the side, and the 
material in each quadrant must be attached as closely as possible to the 
shoulder area of the life preserver.

[CGFR 60-35, 25 FR 10132, Oct. 25, 1960, as amended by CGD 78-160, 47 FR 
9383, Mar. 3, 1982]



Sec. 144.01-25   Ring life buoys.

    (a) Each manned platform must have at least four approved ring life 
buoys constructed in accordance with 46 CFR Subpart 160.050; except ring 
life buoys approved under former 46 CFR Subpart 160.009 may be used as 
long as they are in good and serviceable condition. One ring life buoy 
must be placed on a suitable rack on each side of a manned platform in 
an accessible place. The ring life buoy must always be capable of being 
cast loose and may not be permanently secured in any way.
    (b) Each ring life buoy must have a water light of an approved 
automatic electric type constructed in accordance with 46 CFR Subpart 
161.010. A water light constructed in accordance with former 46 CFR 
Subpart 161.001 that was installed before January 1, 1972 may be 
retained in an existing installation as long as it is maintained in good 
condition. The water light must be attached to the ring life buoy by a 
12-thread manila or equivalent synthetic lanyard not less than 1 meter 
(3 feet) nor more than 2 meters (6 feet) in length. The water light must 
be mounted on a bracket near the ring life buoy so that when the ring 
life buoy is cast loose, the water light will pull free of the bracket.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD 79-165b, 45 FR 
65208, Oct. 2, 1980; CGD 80-155b. 47 FR 10533, Mar. 11, 1982]



Sec. 144.01-30   First-aid kit.

    On each manned platform a first-aid kit approved by the Commandant 
or the U.S. Bureau of Mines shall be provided and kept in the custody of 
the person in charge.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD 73-177R, 40 FR 
8176, Feb. 26, 1975]



Sec. 144.01-35   Litter.

    On each manned platform a Stokes litter, or other suitable safety 
litter capable of being safely hoisted with an injured person, shall be 
provided and kept in an accessible place.

[CGFR 68-154, 33 FR 18626, Dec. 17, 1968]



Sec. 144.01-40  Emergency communications equipment.

    On manned platforms means of communication by radio and/or wire 
telephone shall be provided for contacting the shore or vessels in the 
vicinity for aid in the event of an emergency.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



                   Subpart 144.10--Unmanned Platforms



Sec. 144.10-1   Lifesaving equipment.

    (a) Except as allowed in paragraph (b) of this section, no person 
may be on an

[[Page 162]]

unmanned platform unless the following lifesaving equipment is readily 
accessible on the platform:
    (1) A life preserver or a Type I--Personal flotation device, listed 
in Table 1, for each person.

  Table 1--Life Preservers and Equivalent Performance Flotation Devices 
------------------------------------------------------------------------
                                              Equivalent to performance 
              Devices marked                         type marked        
------------------------------------------------------------------------
160.002 Life preserver....................  Type I--Personal flotation  
                                             device.                    
160.003 Life preserver....................  Type I--Personal flotation  
                                             device.                    
160.004 Life preserver....................  Type I--Personal flotation  
                                             device.                    
160.005 Life preserver....................  Type I--Personal flotation  
                                             device.                    
160.055 Life preserver....................  Type I--Personal flotation  
                                             device.                    
------------------------------------------------------------------------

    (2) An approved ring life buoy (Type IV PFD) for every two persons, 
but no more than four devices are required. Each ring life buoy must be 
of a type constructed in accordance with 46 CFR subpart 160.050; except 
a ring life buoy that was approved under former 46 CFR subpart 160.009 
may be used as long as it is in good and serviceable condition.
    (3) Each ring life buoy under paragraph (a)(2) of this section must 
have an approved automatic electric water light that is attached as 
described in Sec. 144.01-25(b).
    (b) The ring life buoys required in paragraph (a)(2) of this section 
may be kept on a manned vessel that remains alongside the platform if 
there is no available space to keep them on the platform.

[CGD 73-177R, 40 FR 8176, Feb. 26, 1975, as amended by CGD 80-155b, 47 
FR 10533, Mar. 11, 1982]



Sec. 144.10-10   Other lifesaving equipment.

    Any lifesaving equipment on an unmanned platform that is not 
required in Sec. 144.10-1 must meet the standards contained in Subpart 
144.01 of this part.

[CGD 73-177R, 40 FR 8176, Feb. 26, 1975]



      Subpart 144.20--Requirements for U.S. and Undocumented MODU's

    Authority: Sec. 4, 67 Stat. 462 (43 U.S.C. 1333) as amended; 49 CFR 
1.46(z).



Sec. 144.20-1  Applicability

    This subpart applies to each MODU operating on the OCS that is not 
inspected under 46 CFR subchapter I-A.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]



Sec. 144.20-5  Exposure suits.

    This section applies to each MODU except those operating south of 32 
degrees North latitude in the Atlantic Ocean or south of 35 degrees 
North latitude in all other waters.
    (a) Each MODU must carry an exposure suit for each person on board. 
The exposure suit must be stowed in a readily accessible location in or 
near the berthing area of the person for whom the exposure suit is 
provided.
    (b) In addition to the exposure suits required by paragraph (a) of 
this section, each watch station and work station must have enough 
exposure suits to equal the number of persons normally on watch in, or 
assigned to, the station at one time. However, an exposure suit need not 
be provided at a watch or work station for a person whose cabin, 
stateroom, or berthing area (and the exposure suits stowed in that 
location) is readily accessible to the station.
    (c) Each exposure suit on a MODU must be of a type approved under 46 
CFR 160.071.
    (d) Each exposure suit must have a personal flotation device light 
that is approved under 46 CFR 161.012. Each light must be securely 
attached to the front shoulder area of the exposure suit.
    (e) Each exposure suit on a MODU must be provided with a whistle of 
the ball type or multi-tone type, of corrosion resistant construction, 
and in good working order. The whistle must be attached to the exposure 
suit by a lanyard without hooks, snaps, clips, etc., that is long enough 
to permit the whistle to reach the mouth of the wearer. If the lanyard 
allows the whistle to hang below the waist of the wearer, the whistle 
must be stowed in a pocket on the exposure suit, or with the lanyard 
coiled and stopped off.

[[Page 163]]

    (f) No stowage container for exposure suits may be capable of being 
locked.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD 84-090, 50 FR 
3904, Jan. 29, 1985]



             Subpart 144.30--Requirements for Foreign MODU's

    Authority: Sec. 4, 67 Stat. 462 (43 U.S.C. 1333) as amended; 49 CFR 
1.46(z).



Sec. 144.30  Applicability.

    This subpart applies to each MODU engaged in OCS activities that is 
documented under the laws of a foreign nation.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]



144.30-5  Exposure suits.

    Each foreign MODU must meet the requirements of Sec. 144.20-5 of 
this chapter, except as follows:
    (a) Exposure suits (immersion suits, survival suits, etc.) approved 
by the nation under which the MODU is documented may be used in lieu of 
suits approved under 46 CFR 160.071, provided that they are accepted by 
the Commandant as providing equivalent thermal protection to the wearer. 
(Requests for acceptance of such suits should be sent to Commandant, 
U.S. Coast Guard, (G-MSE), Washington, DC 20593-0001, along with 
technical data supporting the thermal performance of the suits.)
    (b) Personal flotation device lights approved by the nation under 
which the MODU is documented may be used in lieu of lights approved 
under 46 CFR 161.012.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996]



PART 145--FIRE-FIGHTING EQUIPMENT--Table of Contents




Sec.
145.01  Portable and semi-portable fire extinguishers.
145.05  Classification of fire extinguishers.
145.10  Locations and number of fire extinguishers required.

    Authority: Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462; 14 U.S.C. 
633; 43 U.S.C. 1333.



Sec. 145.01   Portable and semi-portable fire extinguishers.

    On all manned platforms and on all unmanned platforms where crews 
are continuously working on a 24-hour basis, approved type portable fire 
extinguishers and/or approved type semi-portable fire extinguishers 
shall be installed and maintained. On all unmanned platforms where crews 
are not continuously working on a 24-hour basis, approved type portable 
fire extinguishers and/or approved type semi-portable fire extinguishers 
are required to be installed and maintained only when crews are working 
thereon.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 145.05   Classification of fire extinguishers.

    (a) Portable and semi-portable extinguishers shall be classified by 
a combination letter and number symbol. The letter indicating the type 
of fire which the unit could be expected to extinguish, and the number 
indicating the relative size of the unit.
    (b) The types of fire will be designated as follows:
    (1) ``A'' for fires in ordinary combustible materials where the 
quenching and cooling effects of quantities of water, or solutions 
containing large percentages of water, are of first importance.
    (2) ``B'' for fires in flammable liquids, greases, etc., where a 
blanketing effect is essential.
    (3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of first importance.
    (c) The number designations for size will start with ``I'' for the 
smallest to ``V'' for the largest. Sizes I and II are considered 
portable extinguishers. Sizes III, IV and V are considered semi-portable 
extinguishers which shall be fitted with suitable hose and nozzle or 
other practicable means so that all portions of the space concerned may 
be covered. Examples of size graduations for some of the typical 
portable and semi-portable extinguishers are set forth in Table 
145.05(c).

[[Page 164]]



                            Table 145.05(c)--Portable and Semiportable Extinguishers                            
----------------------------------------------------------------------------------------------------------------
                              Classification                                Soda-                               
--------------------------------------------------------------------------   acid             Carbon      Dry   
                                                                             and     Foam,   dioxide,  chemical,
                   Type                                  Size               water,  gallons   pounds     pounds 
                                                                           gallons                              
----------------------------------------------------------------------------------------------------------------
A.........................................  II...........................   2\1/2\   2\1/2\  ........  .........
B.........................................  II...........................  .......   2\1/2\        15        10 
C.........................................  II...........................  .......  .......        15        10 
B.........................................  V............................  .......       40       100        50 
----------------------------------------------------------------------------------------------------------------

    (d) All portable and semi-portable extinguishers shall have 
permanently attached thereto a durable name plate giving the name of the 
item, the rated capacity in gallons or pounds, the name and address of 
the person or firm for whom approved, and the identifying mark of the 
actual manufacturer.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 58-28, 23 FR 
6880, Sept. 6, 1958]



Sec. 145.10   Locations and number of fire extinguishers required.

    (a) Approved portable and semi-portable extinguishers shall be 
installed in accordance with Table 145.10(a).
    (b) Semi-portable extinguishers shall be located in the open so as 
to be readily seen.

                            Table 145.10(a)--Portable and Semi-Portable Extinguishers                           
----------------------------------------------------------------------------------------------------------------
                  Space                           Classification                  Quantity and location         
----------------------------------------------------------------------------------------------------------------
               safety areas                                                                                     
                                                                                                                
Communicating corridors..................  A-II........................  1 in each main corridor not more than  
                                                                          150 feet apart. (May be located in    
                                                                          stairways.)                           
Radio room...............................  C-II........................  1 in vicinity of exit.                 
                                                                                                                
              accommodations                                                                                    
                                                                                                                
Sleeping accommodations..................  A-II........................  1 in each sleeping accommodation space.
                                                                          (Where occupied by more than 4        
                                                                          persons.)                             
                                                                                                                
             services spaces                                                                                    
                                                                                                                
Galleys..................................  B-II or C-II................  1 for each 2,500 square feet or        
                                                                          fraction thereof for hazards involved.
Storerooms...............................  A-II........................  1 for each 2,500 square feet or        
                                                                          fraction thereof located in vicinity  
                                                                          of exits, either inside or outside of 
                                                                          spaces.                               
                                                                                                                
             machinery spaces                                                                                   
                                                                                                                
Gas-fired boilers........................  B-II (CO2 or dry chemical)..  2 required.                            
Gas-fired boilers........................  B-V.........................  1 required.\1\                         
Oil-fired boilers........................  B-II........................  2 required.                            
Oil-fired boilers........................  B-V.........................  2 required.\1\                         
Internal combustion or gas turbine         B-II........................  1 for each engine.\2\                  
 engines.                                                                                                       
Electric motors or generators of open      C-II........................  1 for each 2 motors or generators.\3\  
 type.                                                                                                          
----------------------------------------------------------------------------------------------------------------
\1\Not required where a fixed carbon dioxide system is installed.                                               
\2\When installation is on weather deck or open to atmosphere at all times 1 B-II for each three engines is     
  allowable.                                                                                                    
\3\Small electrical appliances, such as fans, etc., shall not be counted or used as basis for determining number
  of extinguishers required.                                                                                    

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



PART 146--OPERATIONS--Table of Contents






                        Subpart A--OCS Facilities

Sec.
146.1  Applicability.
146.5  Person in charge.
146.10  Notice of new facilities.
146.15  Maintenance of emergency equipment.
146.20  Work vests.
146.30  Notice of casualties.
146.35  Written report of casualty.
146.40  Diving casualties.
146.45  Pollution incidents.



                    Subpart B--Manned OCS Facilities

146.101  Applicability.
146.105  General alarm system.
146.110  Emergency signals.
146.115  Duties of personnel during an emergency.
146.120  Manning of survival craft.
146.125  Emergency drills.
146.130  Station bill.
146.135  Markings for emergency equipment.
146.140  Emergency Evacuation Plan.



            Subpart C--Mobile Offshore Drilling Units (MODUs)

146.201  Applicability.

[[Page 165]]

146.202  Notice of arrival or relocation of MODUs on the OCS.
146.203  Requirements for U.S. and undocumented MODUs.
146.205  Requirements for foreign MODUs.
146.210  Emergency Evacuation Plan.



                           Subpart D--Vessels

146.301  Applicability.
146.303  Notice and written report of casualties.

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46.


    Source: CGD 78-160, 47 FR 9383, Mar. 4, 1982, unless otherwise 
noted.



                        Subpart A--OCS Facilities



Sec. 146.1  Applicability.

    The provisions of this subpart apply to OCS facilities except mobile 
offshore drilling units.



Sec. 146.5  Person in charge.

    (a) The owner or operator, or the agent of either of them, shall 
designate by title and in order of succession the persons on each OCS 
facility who shall be the ``person in charge.''
    (b) In case an emergency arises, nothing in the regulations in this 
subchapter shall be so construed as preventing the person in charge from 
pursuing the most effective action in that person's judgement for 
rectifying the conditions causing the emergency.



Sec. 146.10  Notice of new facilities.

    (a) The owner or operator of each OCS facility not in operation 
before April 5, 1982 shall, at least 30 days before the date on-site 
construction of the facility is expected to commence, notify the 
District Commander for the area in which the facility will be located 
of:
    (1) The position in which the facility will be operated;
    (2) The designation assigned to the facility for identification 
under 30 CFR 250.37;
    (3) The date when operation of the facility is expected to commence; 
and
    (4) The date when the facility is expected to be available for 
inspection by the Coast Guard.
    (b) The information required in paragraph (a) of this section may be 
submitted together with an need not repeat information submitted in 
connection with the application and notice requirements in 33 CFR Part 
67 for aids to navigation on the Outer Continental Shelf.



Sec. 146.15  Maintenance of emergency equipment.

    (a) The emergency equipment provided, regardless of whether or not 
required by this subchapter, shall be maintained in good condition at 
all times. Good operating practices require replacement of expended 
equipment, as well as periodic renewal of those items which have a 
limited period of effectiveness.
    (b) Each personal flotation device light that has a non-replaceable 
power source must be replaced on or before the expiration date of the 
power source.
    (c) Each replaceable power source for a personal flotation device 
light must be replaced on or before its expiration date and the light 
must be replaced when it is no longer serviceable.



Sec. 146.20  Work vests.

    (a) Types of approved work vests. Each buoyant work vest carried 
under the permissive authority of this section must be approved under--
    (1) 46 CFR 160.053; or
    (2) 46 CFR 160.077 as a commercial hybrid PFD.
    (b) Use. Approved buoyant work vests are considered to be items of 
safety apparel and may be carried aboard OCS facilities to be worn by 
persons employed thereon when working near or over the water. The use 
and control of such vests shall be under the supervision of the person 
in charge of the facility. When carried, such vests shall not be 
accepted in lieu of any portion of the required number of approved life 
preservers and shall not be substituted for the approved life preservers 
required to be worn during drills and emergencies.
    (c) Stowage. The work vests shall be stowed separately from the 
regular stowage of approved life preservers. The location for the 
stowage of work vests shall be such as not to be easily confused with 
that for approved life preservers.

[[Page 166]]

    (d) Inspections. Each work vest shall be subject to examination by a 
marine inspector to determine its serviceability. If found to be 
satisfactory, it may be continued in service, but shall not be stamped 
by a marine inspector with a Coast Guard stamp. If a work vest is found 
not to be in a serviceable condition, then such work vest shall be 
removed from the OCS facility. If a work vest is beyond repair, it shall 
be destroyed or mutilated in the presence of a marine inspector so as to 
prevent its continued use as a work vest.
    (e) Additional requirements for hybrid work vests. Commercial hybrid 
PFD's must, in addition to the other requirements in this section, be--
    (1) Used, stowed, and maintained in accordance with--
    (i) The procedures set out in the manual required for these devices 
by 46 CFR 160.077-29; and
    (ii) Any limitation(s) marked on them; and
    (2) Of the same or similar design and have the same method of 
operation as each other hybrid PFD carried on board.

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 78-174A, 51 FR 
4339, Feb. 4, 1986]



Sec. 146.30  Notice of casualties.

    (a) The owner, operator, and person in charge of an OCS facility 
shall ensure that the Coast Guard is notified as soon as possible after 
a casualty occurs, and by the most rapid means available, of each 
casualty involving the facility which results in:
    (1) Death; or
    (2) Injury to 5 or more persons in a single incident.
    (b) The owner, operator, and person in charge shall ensure that the 
Coast Guard is notified promptly of each casualty involving the facility 
which results in:
    (1) Damage affecting the usefulness of primary lifesaving or 
firefighting equipment;
    (2) Injury causing any person to be incapacitated for more than 72 
hours;
    (3) Damage to the facility exceeding $25,000 resulting from a 
collision by a vessel with the facility; or
    (4) Damage to a floating OCS facility exceeding $25,000.
    (c) The notice required by paragraphs (a) and (b) of this section 
must identify the person giving the notice and the facility involved and 
describe, insofar as practicable, the nature of the casualty and the 
extent of injury to personnel and damage to property.
    (d) Damage costs referred to in paragraphs (b)(3) and (b)(4) of this 
section include the cost of labor and material to restore the facility 
to the service condition which existed prior to the casualty, but does 
not include the cost of salvage, cleaning, gas freeing, drydocking or 
demurrage of the facility.

(Approved by the Office of Management and Budget under OMB control 
numbers 2115-0003 and 2115-0004)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 82-069, 50 FR 
14216, Apr. 11, 1985]



Sec. 146.35  Written report of casualty.

    (a) In addition to the notice of a casualty required by Sec. 146.30, 
the owner, operator, or person in charge shall, within 10 days of the 
casualty, submit to the Officer in Charge, Marine Inspection, a written 
report which:
    (1) Identifies the facility involved, its owner, operator, and 
person in charge;
    (2) Describes the casualty, including the date and time;
    (3) Describes the nature and extent of injury to personnel and 
damage to property;
    (4) Describes the factors which may have contributed to causing the 
casualty;
    (5) Gives the name, address, and phone number of persons involved in 
or witnessing the casualty; and
    (6) Gives any desired comments, especially with respect to use of or 
need for emergency equipment.
    (7) Includes information relating to alcohol or drug involvement as 
specified in the vessel casualty reporting requirements of 46 CFR 4.05-
12.
    (b) The written report required by paragraph (a) of this section may 
be--
    (1) In narrative form if all appropriate parts of Form CG-2692 are 
addressed;
    (2) On Form CG-2692 for casualties resulting in property damage, 
personnel injury, or loss of life.

[[Page 167]]

    (c) If filed or postmarked within 5 days of the casualty, the 
written report required by paragraph (a) of this section serves as the 
notice required by Sec. 146.30(b).

(Approved by the Office of Management and Budget under OMB control 
numbers 2115-0003 and 2115-0004)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 82-023a, 47 FR 
35741, Aug. 16, 1982; CGD 82-023a, 48 FR 43174, Sept. 22, 1983; CGD 84-
099, 52 FR 47533, Dec. 14, 1987]



Sec. 146.40  Diving casualties.

    Diving related casualties are reported in accordance with 46 CFR 
197.484 and 197.486.



Sec. 146.45  Pollution incidents.

    Oil pollution incidents involving an OCS facility are reported in 
accordance with Secs. 135.305 and 135.307 of this chapter. Additional 
provisions concerning liability and compensation because of oil 
pollution are contained in Subchapter M of this chapter.



                    Subpart B--Manned OCS Facilities



Sec. 146.101  Applicability.

    The provisions of this subpart apply only to manned OCS facilities 
except mobile offshore drilling units.



Sec. 146.105  General alarm system.

    Each manned facility must have a general alarm system. When 
operated, this system shall be audible in all parts of the structure on 
which provided.



Sec. 146.110  Emergency signals.

    (a) The owner, the owner's agent, or the person in charge shall 
establish emergency signals to be used for calling the personnel to 
their emergency stations.
    (b) The signal to man emergency stations shall be an intermittent 
signal on the general alarm system for not less than 10 seconds. The 
abandon facility signal shall be a continuous signal on the general 
alarm system.



Sec. 146.115  Duties of personnel during an emergency.

    (a) The owner, the owner's agent, or the person in charge shall 
assign to each person on a manned facility special duties and duty 
stations so that in event an emergency arises confusion will be 
minimized and no delay will occur with respect to the use or application 
of equipment required by this subchapter. The duties shall, as far as 
possible, be comparable with the regular work of the individual.
    (b) The duties shall be assigned as necessary for the proper 
handling of any emergency, and shall include the following:
    (1) The closing of air ports, watertight doors, scuppers, and 
sanitary and other discharges which lead through the facility's hull.
    (2) The stopping of fans and ventilation systems.
    (3) The donning of life preserves.
    (4) The preparation and launching of life floats, lifeboats, or life 
rafts.



Sec. 146.120  Manning of survival craft.

    The owner, the owner's agent, or the person in charge shall assign a 
person to each life float, lifeboat, life raft, or survival capsule who 
shall be responsible for launching it in event of an emergency.



Sec. 146.125  Emergency drills.

    (a) Emergency drills shall be conducted at least once each month by 
the person in charge of the manned facility. The drill shall be 
conducted as if an actual emergency existed. All personnel should report 
to their respective stations and be prepared to perform the duties 
assigned to them.
    (b) The person in charge and conducting the emergency drill shall 
instruct the personnel as necessary to insure that all persons are 
familiar with their duties and stations.
    (c) Emergency evacuation drills. The following emergency evacuation 
drills must be conducted:
    (1) At least once a year, all the elements of the Emergency 
Evacuation Plan (EEP) under Sec. 146.140 relating to the evacuation of 
personnel from the facility must be exercised through a drill or a 
series of drills. The drill(s) must exercise all of the means and 
procedures listed in the EEP for each circumstance and condition 
described in the EEP under Sec. 146.140(d)(9).
    (2) At least once a month, a drill must be conducted that 
demonstrates

[[Page 168]]

the ability of the facility's personnel to perform their duties and 
functions on the facility, as those duties and functions are described 
in the EEP. If a standby vessel is designated for that facility in the 
EEP, the vessel must be positioned as described in the EEP for an 
evacuation of that facility and the vessel's crew must demonstrate its 
ability to perform its duties and functions under the EEP.
    (d) The date and time of such drills shall be reported in writing by 
the person in charge at the time of the drill to the owner who shall 
maintain this report record for a year and furnish it upon request to 
the Coast Guard. After one year, such records may be destroyed. When it 
is impossible to conduct emergency drills as required by this section 
during a particular calendar month, during the following month, a 
written report by the owner shall be submitted to the Officer in Charge, 
Marine Inspection, stating why the drills could not be conducted.

(Approved by the Office of Management and Budget under OMB control 
number 2115-0071)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 84-098b, 54 FR 
21572, May 18, 1989]



Sec. 146.130  Station bill.

    (a) The person in charge of each manned platform shall be 
responsible for and have prepared a station bill (muster list). This 
station bill must be signed by the person in charge. Copies shall be 
duly posted in conspicuous locations on the manned platform.
    (b) The station bill shall set forth the special duties and duty 
stations of each member of the personnel for any emergency which 
involves the use or application of equipment required by this 
subchapter. In addition, it shall contain all other duties assigned and 
considered as necessary for the proper handling of other emergencies.
    (c) The station bill shall contain the various signals to be used 
for calling the personnel to their emergency stations, and to abandon 
the facility.

(Approved by the Office of Management and Budget under OMB control 
number 2115-0542)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 86-011, 51 FR 
5712, Feb. 18, 1986]



Sec. 146.135  Markings for emergency equipment.

    (a) Markings shall be provided as considered necessary for the 
guidance of persons on manned facilities.
    (b) The general alarm bell switches shall be identified by red 
letters at least one inch high with a contrasting background: ``General 
Alarm.''
    (c) All general alarm bells shall be identified by a sign at each 
bell in red letters at least one inch high with a sharp contrasting 
background: ``General Alarm--When Bell Rings Go to Your Station.
    (d) All life floats, lifeboats, life rafts, and survival capsules, 
together with paddles or oars, shall be conspicuously marked with a name 
or number of, or other inscription identifying, the facility on which 
placed. The number of persons allowed on each life float, lifeboat, or 
life raft shall be conspicuously marked thereon in letters and numbers 
1\1/2\ inches high. These numbers shall be placed on both sides of the 
life float, lifeboat, or life raft. Inflatable life rafts shall be 
marked in accordance with Subpart 160.051 of 46 CFR Part 160 and no 
additional markings are required.
    (e) All life preservers and ring life buoys shall be marked with the 
name or number of, or other inscription identifying, the facility on 
which placed except those which accompany mobile crews to unmanned 
platforms may be marked with the operator's name and field designation.



Sec. 146.140   Emergency Evacuation Plan.

    (a) The operator of each manned OCS facility shall develop an 
Emergency Evacuation Plan (EEP) for the facility which addresses all of 
the items listed in paragraph (d) of this section. The EEP may apply to 
more than one facility, if the facilities are located in the same 
general geographic location and within the same Coast Guard Officer in 
Charge, Marine Inspection (OCMI) zone; if each facility covered by the 
EEP is specifically identified in the EEP; and if the evacuation needs 
of each facility are accommodated. For facilities existing on June 19, 
1989, the EEP must be submitted to the OCMI having jurisdiction over the 
facility before December 18, 1989. For facilities

[[Page 169]]

not existing on June 19, 1989, the EEP must be submitted to the OCMI 
having jurisdiction over the facility, 30 days before placing the 
facility in operation. The OCMI reviews the EEP to determine whether all 
items listed in paragraph (d) of this section are addressed for each 
facility included in the EEP. If the OCMI determines that all items in 
paragraph (d) of this section are addressed, the OCMI stamps the EEP 
``APPROVED'' and returns it, together with a letter indicating Coast 
Guard approval, to the operator. If the OCMI determines that any item is 
not addressed, the OCMI stamps the EEP ``RETURNED FOR REVISION'' and 
returns the EEP, together with an explanation of the EEP's deficiencies, 
to the operator.
    (b) Once the EEP is approved under paragraph (a) of this section, 
the facility operator shall ensure that a copy of the EEP and the letter 
indicating Coast Guard approval is maintained on the facility.
    (c) The EEP must be resubmitted for approval when substantive 
changes are made to the EEP. Only the pages affected by a change need be 
resubmitted if the EEP is bound in such a way as to allow old pages to 
be removed easily and new ones inserted. Substantive changes include, 
but are not limited to, installation of a new facility within the area 
covered by an EEP, relocation of a MODU, changes in the means or methods 
of evacuation, or changes in the time required to accomplish evacuation.
    (d) The EEP must, at a minimum,
    (1) Be written in language that is easily understood by the 
facility's operating personnel;
    (2) Have a table of contents and general index;
    (3) Have a record of changes;
    (4) List the name, telephone number, and function of each person to 
be contacted under the EEP and state the circumstances in which that 
person should be contacted;
    (5) List the facility's communications equipment, its available 
frequencies, and the communications schedules with shore installations, 
standby vessels, rescue aircraft, and other OCS facilities specified in 
the EEP;
    (6) Identify the primary source of weather forecasting relied upon 
in implementing the EEP and state the frequency of reports when normal 
weather is forecasted, the frequency of reports when heavy weather is 
forecasted, and the method of transmitting the reports to the facility;
    (7) Designate the individual on each facility covered by the EEP who 
is assigned primary responsibility for implementing the EEP;
    (8) Designate those facility and shoreside support personnel who 
have the authority to advise the person in charge of the facility as to 
the best course of action to be taken and who initiate actions to assist 
facility personnel;
    (9) Describe the recognized circumstances, such as fires or 
blowouts, and environmental conditions, such as approaching hurricanes 
or ice floes, in which the facility or its personnel would be placed in 
jeopardy and a mass evacuation of the facility's personnel would be 
recommended;
    (10) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, list the pre-evacuation steps for 
securing operations, whether drilling or production, including the time 
estimates for completion and the personnel required;
    (11) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, describe the order in which personnel 
would be evacuated, the transportation resources to be used in the 
evacuation, the operational limitations for each mode of transportation 
specified, and the time and distance factors for initiating the 
evacuation; and
    (12) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, identify the means and procedures--
    (i) For retrieving persons from the water during an evacuation;
    (ii) For transferring persons from the facility to designated 
standby vessels, lifeboats, or other types of evacuation craft;
    (iii) For retrieving persons from designated standby vessels, 
lifeboats, or other types of evacuation craft if used; and

[[Page 170]]

    (iv) For the ultimate evacuation of all persons on the facility to 
land, another facility, or other location where the evacuees would be 
reasonably out of danger under the circumstance or condition being 
addressed.
    (e) The operator shall ensure that--
    (1) All equipment specified in the EEP, whether the equipment is 
located on or off of the facility, is made available and located as 
indicated in the EEP and is designed and maintained so as to be capable 
of performing its intended function during an emergency evacuation;
    (2) All personnel specified in the EEP are available and located as 
specified in the EEP and are trained in fulfilling their role under the 
EEP; and
    (3) Drills are conducted in accordance with Sec. 146.125(c).
    (f) A complete copy of the EEP must be made available to the 
facility's operating personnel and a brief written summary of, or an 
oral briefing on, the EEP must be given to each person newly reporting 
on the facility.
    (g) A copy of the EEP must be on board each standby vessel, if any, 
designated in the EEP and provided to all shoreside support personnel, 
if any, specified in the EEP.

[CGD 84-098b, 54 FR 21572, May 18, 1989]



                Subpart C--Mobile Offshore Drilling Units



Sec. 146.201  Applicability.

    This subpart applies to mobile offshore drilling units engaged in 
OCS activities.



Sec. 146.202  Notice of arrival or relocation of MODUs on the OCS.

    (a) The owner of any mobile offshore drilling unit engaged in OCS 
activities shall, 14 days before arrival of the unit on the OCS or as 
soon thereafter as practicable, notify the District Commander for the 
area in which the unit will operate of:
    (1) The unit's name, nationality, and designation assigned for 
identification under 30 CFR 250.37;
    (2) The location and year that the unit was built;
    (3) The name and address of the owner, and the owner's local 
representative, if any;
    (4) Classification or inspection certificates currently held by the 
unit;
    (5) The location and date that operations are expected to commence 
and their anticipated duration; and
    (6) The location and date that the unit will be available and ready 
for inspection by the Coast Guard.
    (b) Once a unit is located on the OCS, the owner of the unit shall 
notify the District Commander before relocating the unit.
    (c) The information required in paragraphs (a) and (b) of this 
section may be provided by telephone or may be submitted together with, 
and need not repeat information contained in, applications and notices 
under 33 CFR part 67 for aids to navigation on the Outer Continental 
Shelf or 33 CFR part 135 for applications for certificate of financial 
responsibility.



Sec. 146.203  Requirements for U.S. and undocumented MODUs.

    Each mobile offshore drilling unit documented under the laws of the 
United States and each mobile offshore drilling unit that is not 
documented under the laws of any nation must comply with the operating 
standards of 46 CFR part 109 when engaged in OCS activities.



Sec. 146.205  Requirements for foreign MODUs.

    Each mobile offshore drilling unit that is documented under the laws 
of a foreign nation must, when engaged in OCS activities, comply with 
one of the following:
    (a) The operating standards of 46 CFR part 109.
    (b) The operating standards of the documenting nation if the 
standards provide a level of safety generally equivalent to or greater 
than that provided under 46 CFR part 109.
    (c) The operating standards for mobile offshore drilling units 
contained in the International Maritime Organization (IMO, formerly 
Inter-Governmental Maritime Consultative Organization or IMCO) (IMO) 
Code for the Construction and Equipment of Mobile Offshore Drilling 
Units (IMO Assembly

[[Page 171]]

Resolution A. 414(XI)) which has been incorporated by reference and the 
requirements of 46 CFR Part 109 for matters not addressed by the Code.



Sec. 146.210   Emergency Evacuation Plan.

    (a) Except as otherwise provided in this section, the requirements 
applicable to Emergency Evacuation Plans (EEPs) on manned OCS facilities 
under Sec. 146.140 are applicable to MODUs.
    (b) An EEP must be submitted by--
    (1) The holder of a lease or permit under the Act for each MODU 
within the area of the lease or the area covered by the permit; or
    (2) The operator under 30 CFR 250.2(gg), if other than the holder of 
a lease or permit, for each MODU within the area in which the operator 
controls or manages operations.
    (c) To avoid unnecessary duplication, the EEP may incorporate by 
reference pertinent sections of the MODU's operating manual required by 
46 CFR 109.121.
    (d) In complying with Sec. 146.140(d)(7), the EEP must designate the 
master or person in charge of the MODU under 46 CFR 109.107 as the 
individual who is assigned primary responsibility for implementing the 
EEP, as it relates to that MODU.

[CGD 84-098b, 54 FR 21573, May 18, 1989]



                           Subpart D--Vessels



Sec. 146.301  Applicability.

    This subpart applies to vessels engaged in OCS activities other than 
United States vessels already required to report marine casualties under 
Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFR part 109.



Sec. 146.303  Notice and written report of casualties.

    The owner, operator, or person in charge of a vessel engaged in OCS 
activities shall ensure that the notice of casualty requirements of 
Sec. 146.30 and the written report requirements of Sec. 146.35 are 
complied with whenever a casualty involving the vessel occurs which 
results in:
    (a) Death;
    (b) Injury to 5 or more persons in a single incident; or
    (c) Injury causing any person to be incapacitated for more than 72 
hours.

(Approved by the Office of Management and Budget under OMB control 
numbers 2115-0003 and 2115-0004)



PART 147--SAFETY ZONES--Table of Contents




Sec.
147.1  Purpose of safety zones.
147.5  Delegation of authority.
147.10  Establishment of safety zones.
147.15  Extent of safety zones.
147.1101  Definitions.
147.1102  Platform GRACE safety zone.
147.1103  Platform GINA safety zone.
147.1104  Platform ELLEN & ELLY safety zone.
147.1105  Platform HONDO safety zone.
147.1106  Exxon Santa Ynez offshore storage and treatment vessel mooring 
          safety zone.
147.1107  Platform GILDA safety zone.
147.1108  Platform EDITH safety zone.
147.1109  Platform HERMOSA safety zone.
147.1110  Platform HARVEST safety zone.
147.1111  Platform EUREKA safety zone.
147.1112  Platform HIDALGO safety zone.
147.1113  Platform GAIL safety zone.
147.1114  Platform HARMONY safety zone.
147.1115  Platform HERITAGE safety zone.
147.1116  Platform IRENE safety zone.

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; 49 CFR 1.46.

    Source: CGD 78-160, 47 FR 9386, Mar. 4, 1982, unless otherwise 
noted.



Sec. 147.1  Purpose of safety zones.

    Safety zones may be established around OCS facilities being 
constructed, maintained, or operated on the Outer Continental Shelf to 
promote the safety of life and property on the facilities, their 
appurtenances and attending vessels, and on the adjacent waters within 
the safety zones. Regulations adopted for safety zones may extend to the 
prevention or control of specific activities and access by vessels or 
persons, and include measures to protect the living resources of the sea 
from harmful agents. The regulations do not encompass the operating 
equipment or procedures used in the drilling for and production of oil, 
gas, or other minerals, or the transportation of oil, gas, or other 
minerals by pipeline except as they relate to the safety of life and 
property on OCS facilities and on the waters adjacent to OCS facilities 
or

[[Page 172]]

to the protection of the living resources of the sea within a safety 
zone from harmful agents.



Sec. 147.5  Delegation of authority.

    The authority to establish safety zones and to issue and enforce 
safety zone regulations in accordance with the provisions of this part 
is delegated to District Commanders.



Sec. 147.10  Establishment of safety zones.

    (a) Whenever it comes to the attention of the District Commander 
that a safety zone and regulations may be required concerning any OCS 
facility being constructed, maintained, or operated on the Outer 
Continental Shelf or its appurtenances and attending vessels, or the 
adjacent waters, the District Commander may initiate appropriate inquiry 
to determine whether a safety zone and regulations should be 
established. In making this determination, the District Commander 
considers all relevant safety factors, including existing or reasonably 
foreseeable congestion of vessels, the presence of unusually harmful or 
hazardous substances, and any obstructions within 500 meters of the OCS 
facility. If the District Commander determines that the circumstances 
warrant the establishment of a safety zone and regulations the District 
Commander takes action as necessary consistent with the provisions of 
this part.
    (b) Except as provided in paragraph (c) of this section, a safety 
zone and necessary regulations may be established concerning any OCS 
facility being constructed, maintained or operated on the Outer 
Continental Shelf, following publication of a notice of proposed rule 
making in the Federal Register and after interested parties have been 
given the opportunity to submit comments. A zone and necessary 
regulations may be in effect during any period when construction 
equipment and materials are within 500 meters of the construction site 
until the removal of all portions of the facility.
    (c) A safety zone and necessary regulations may be established 
without public rule making procedures when the District Commander 
determined that imminent danger exists with respect to the safety of 
life and property on an OCS facility constructed, maintained, or 
operated on the Outer Continental Shelf, its appurtenances and attending 
vessels or adjacent waters. A safety zone and regulations may be made 
effective on the date the rule is published in the Federal Register. 
However, if circumstances require, they may be placed into effect 
immediately, followed promptly by publication in the Federal Register. 
The District Commander may utilize, in addition to broadcast Notices to 
Mariners, Local Notices to Mariners, and Notices to Mariners, 
newspapers, and broadcasting stations to disseminate information 
concerning a safety zone and regulations pertaining thereto. The public 
may comment concerning the establishment of a safety zone or regulations 
under this paragraph. A safety zone or regulations may be modified or 
withdrawn, as appropriate, based on the comments received.
    (d) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts reference to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 78-160, 47 FR 9386, Mar. 4, 1982, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 147.15  Extent of safety zones.

    A safety zone establishment under this part may extend to a maximum 
distance of 500 meters around the OCS facility measured from each point 
on its outer edge or from its construction site, but may not interfere 
with the use of recognized sea lanes essential to navigation.



Sec. 147.1101  Definitions.

    Attending vessel. As used in safety zones established in the 
Eleventh Coast Guard District, unless otherwise stated, the term 
``attending vessel'' refers to any vessel operated by the owner or

[[Page 173]]

operator of a facility located on the Outer Continental Shelf, which is 
used for the purpose of carrying supplies, equipment or personnel to or 
from the facility, engaged in construction, maintenance, alteration or 
repair of the facility, or which is used for further exploration, 
production, transfer or storage of natural resources from the seabed 
beneath the safety zone.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1102  Platform GRACE safety zone

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-10'-47''N, 119 deg.-28'-05''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing, or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1103  Platform GINA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-07'-02''N, 119 deg.-16'-35''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing, or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1104  Platform ELLEN & ELLY safety zone.

    (a) Description: The areas within a line 500 meters from each point 
on the outer edge of each structure. The structures are approximately 
120 meters apart. The position of the center of each structure is: 
Platform Ellen, 33 deg.-34'-57''N, 118 deg.-07'-42''W; and Platform 
Elly, 33 deg.-35'-00''N, 118 deg.-07'-40''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel serving either structure, 
(2) a vessel under 100 feet in length overall not engaged in towing, or 
(3) a vessel authorized by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1105  Platform HONDO safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-23'-27''N, 120 deg.-07'-14''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing, or (3) a vessel 
authorized by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1106  Exxon Santa Ynez offshore storage and treatment vessel mooring safety zone.

    (a) Description: The area within a line 1108 meters for the center 
of the mooring. The position of the center of the mooring is 34 deg.-
24'-19''N 120 deg.-06'00''-W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing, or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1107  Platform GILDA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-10'-56''N. 119 deg.-25'-07''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing, or (3) a vessel 
authorized by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]

[[Page 174]]



Sec. 147.1108  Platform EDITH safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 33 deg.-35'-45''N. 118 deg.-08'-27''W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing, or (3) a vessel 
authorized by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1109  Platform HERMOSA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34-27-19 N, 120-38-47 W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]



Sec. 147.1110  Platform HARVEST safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34-28-09.5N, 120-40-46.1W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing or (3) a vessel 
authorized by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1111  Platform EUREKA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 33-33-50N, 118-07-00W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1112  Platform HIDALGO safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34-29-42N, 120-42-08W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1113  Platform GAIL safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34+-07,-30,, N, 
119+-24,-01,, W.
    (b) Regulation: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing, or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-87-06, 52 FR 9657, Mar. 26, 1987]



Sec. 147.1114   Platform HARMONY safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-22'-36''N, 120 deg.-10'-03''W.
    (b) Regulation: No vessel may enter or remain in this safety zone 
except the following: (1) an attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-01, 57 FR 9055, Mar. 16, 1992]

[[Page 175]]



Sec. 147.1115   Platform HERITAGE safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-21'-01''N, 120 deg.-16'-45''W.
    (b) Regulation: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-01, 57 FR 9055, Mar. 16, 1992]



Sec. 147.1116  Platform IRENE safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34 deg.-36'-37.5''N, 120 deg.-43'-46''W.
    (b) Regulation: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-02, 57 FR 9054, Mar. 16, 1992]

[[Page 177]]

                                  INDEX

              SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES

Editorial Note: This listing is provided for informational 
purposes only. It is compiled and kept up--to--date by the Coast 
Guard, Department of Transportation.

Note: Citations in this index are, for the most part, references 
to general subject matter only. The applicability of a reference 
to any given type of application (e.g. MODU, Platform, Manned, 
Unmanned, U.S., Foreign, etc.) should always be checked against 
the description of ``applicability'' preceding most Parts or 
Subparts in the regulations.

                                    A

Alarm systems
                                                                 146.105
Annual inspection, facilities
                                                                 140.105
Appeals
                                                                  140.25
Approved equipment
                                                                  140.15
Arrival of MODU, notice of
                                                                 146.202

                                    C

Casualties:
Criteria for reporting...................................146.30, 146.303
Diving............................................................146.40
Pollution.........................................................146.45
Reports required.................................146.30, 146.35, 146.303
Catwalk, rails required
                                                              143.110(c)
Citizenship of personnel
                                   141.5, 141.15, 141.20, 141.25, 141.30
Civil penalties
                                                                  140.35
Collision damages
                                                                  146.30
Communications equipment (manned platforms)
                                                       144.04-40, 146.15
Complaints, investigation of
                                                              140.201(e)
Construction, exemptions during
                                                                   140.5
Criminal penalties
                                                                  140.35

                                    D

Death:
Investigation of..............................................140.201(a)
Reporting of.....................................146.30, 146.35, 146.303
Deficiencies
                                                                 140.103
Definitions
                                                140.10, 141.10, 147.1101
Design and equipment:
Exemptions, existing MODUs.......................................143.201
Foreign design standards......................................143.207(b)
Foreign flag MODUs...............................................143.207
General.....................................................See Part 143
Letter of Compliance.............................................143.210
U.S. flag MODUs..................................................143.205
Undocumented MODUs...............................................143.205

[[Page 178]]

Diving casualties
                                                                  146.40
Drilling, inspection prior to
                                                              140.105(d)
Drills, emergency
                                                                 146.125
Duties during emergency:
General..........................................................146.115
Station bill.....................................................146.130

                                    E

Emergency drills:
During inspections............................................140.101(c)
Duties during....................................................146.115
Manned facilities................................................146.125
Station bill.....................................................146.130
Emergency equipment:
Maintenance of....................................................146.15
On manned platforms............................................144.01-40
Emergency Evacuation Plan
                                                        146.140, 146.210
Emergency signals
                                                        146.110, 146.130
Employment restrictions
                                                   141.5, 141.15, 141.20
Equipment tests
                                                              140.101(c)
Equivalent equipment
                                                                  140.15
Evidence of citizenship
                                                                  141.25
Existing MODUs, design exemptions
                                                                 143.201
Exposure suits:
Foreign MODUs.........................................See Subpart 144.30
U.S. and undocumented MODUs...........................See Subpart 144.20

                                    F

Failure to comply
                                                                  140.35
Fire, investigation of
                                                              140.201(c)
Fire extinguishers (portable and semi-portable):
Classification of.................................................145.05
Locations and number required.....................................145.10
On platforms......................................................145.01
Fire fighting equipment:
Defective.....................................................140.103(c)
General.....................................................See Part 145
Reporting damage to.......................................146.30, 146.35
First aid kits (manned platforms)
                                                               144.01-30
Floating OCS facilities:
Certificate of Inspection.....................................143.120(c)
Design and equipment requirements.............................143.120(b)
General..........................................................143.120
Plan approval.................................................143.120(a)
    Foreign Units:
Foreign MODUs, design and equipment..............................143.207
Inspection of....................................................140.101
Letter of Compliance (MODUs).....................................143.210
Lifesaving equipment (exposure suits).................See Subpart 144.30
Load line certificates........................................143.301(b)
Load lines....................................................143.301(a)
MODU design exemption............................................143.201
MODU operating standards.........................................146.205
Ownership of.........................................141.5(b)(3), 141.10

[[Page 179]]

                                    G

    General alarm system:
Emergency signals................................................146.110
General..........................................................146.105
Marking of.......................................................146.135
Guards and rails
                                                                 143.110

                                    H

Hazards
                                                                 140.103
Helicopter landing deck:
Protection required...........................................143.110(b)

                                    I

    Immersion suits--See Exposure suits
IMO MODU Code
                                  140.7, 140.102, 143.207(c), 146.205(c)
Injury:
Investigation of..............................................140.201(b)
Reporting of.....................................146.30, 146.35, 146.303
Inspections:
Annual inspection of fixed OCS facilities........................140.103
Deficiencies found during........................................140.105
Foreign units.................................................140.101(d)
General..........................................................140.101
Prior to drilling or production...............................140.105(d)
Unannounced inspections.......................................140.101(b)
Work vests.....................................................146.20(d)
Investigations:
Death.........................................................140.201(a)
General..........................................................140.201
Injury........................................................140.201(b)
Procedures governing.............................................140.203
Subpoena power...................................................140.205
Workplace safety................................................142.5(b)

                                    L

Landing, personnel
                                                                 143.105
Letter of Compliance (foreign and undocumented MODUs)
                                                                 143.210
Life floats (manned platforms):
Alternatives to................................................144.01-15
Equipment for..................................................144.01-10
General.........................................................144.01-1
Location and launching of.......................................144.01-5
Manning of.......................................................146.120
Marking of.......................................................146.135
Life preservers:
Lights and batteries..............................................146.15
Marking of.......................................................146.135
On manned platforms............................................144.01-20
On unmanned platforms...........................................144.10-1
Life rafts:
Manning of.......................................................146.120
Marking of.......................................................146.135
On manned platforms............................................144.01-15
    Life rings--See Ring life buoys

[[Page 180]]

Lifeboats:
Manning of.......................................................146.120
Marking of.......................................................146.135
On manned platforms................................144.01-15 (a) and (b)
Lifesaving equipment:
Defective.....................................................140.103(c)
Foreign MODUs (exposure suits)........................See Subpart 144.30
General.....................................................See Part 144
Manned platforms......................................See Subpart 144.01
Reporting damage to.......................................146.30, 146.35
Undocumented MODUs (exposure suits)...................See Subpart 144.20
Unmanned platforms....................................See Subpart 144.10
U.S. flag MODUs (exposure suits)......................See Subpart 144.20
Lights and warning devices
                                                                  143.15
Litter (lifesaving type)
                                                               144.01-35
Load lines required
                                                                 143.301

                                    M

Maintenance of emergency equipment
                                                                  146.15
Manned platforms:
Lifesaving equipment required.........................See Subpart 144.01
Manning of survival craft
                                                                 146.120
Markings for emergency equipment
                                                                 146.135
Means of escape
                                                                 143.101
Mobile Offshore Drilling Units:
Certificate of Inspection........................................143.210
Design and equipment requirements, U.S. flag.....................143.205
``Existing units'' exempt from design requirements...............143.201
Exposure suits, foreign flag..........................See Subpart 144.30
Exposure suits, (U.S. and undocumented)...............See Subpart 144.20
Foreign flag MODUs.............................143.201, 143.207, 146.205
General....................See Part 143 Subpart C and Part 146 Subpart C
Letter of Compliance.............................................143.210
Notice of arrival or relocation..................................146.202
Operating requirements (U.S. and undocumented)...................146.203
Rebuilding existing units........................................143.201
Undocumented MODUs...............................................143.205
Monthly emergency drills (manned facilities except MODUs)
                                                                 146.125

                                    N

Notice:
Of arrival of MODU...............................................146.202
Of casualty or accident on facilities.....................146.30, 146.35
Of casualty or accident on vessels...............................146.303
Of new facilities.................................................146.10
Of relocation of MODU............................................146.202

                                    O

    Oil spills:
Investigation of..............................................140.201(d)
Liability and compensation........................................146.45
Reporting of......................................................146.45
    Operations:
Facilities........................................See Part 146 Subpart A
Foreign MODUs....................................................146.205
General.....................................................See Part 146

[[Page 181]]

Manned facilities.................................See Part 146 Subpart B
U.S. and undocumented MODUs......................................146.203

                                    P

Paddles (for life floats):
General.....................................................144.01-10(c)
Marking of.......................................................146.135
Painter (for life floats)
                                                            144.01-10(a)
Penalties
                                                          140.35, 140.40
Person in charge:
Casualties, notification of.......................................146.30
Casualties, written reports of....................................146.35
Casualties involving vessels.....................................146.303
Consultation with marine inspector............................140.101(c)
Custody of First Aid Kit.......................................144.01-30
Definition of.....................................................140.10
Designation of..................................................146.5(a)
Diving casualties, reporting of...................................146.40
Emergency actions...............................................146.5(b)
Emergency drills, conduct of.............................146.125(a), (c)
Emergency drills, written report of...........................146.125(d)
Emergency duties, assignment of...............................146.115(a)
Emergency signals, establishment of...........................146.110(a)
Instructing personnel.........................................146.125(b)
Pollution incidents, notification of..............................146.45
Station bill, preparation of.....................................146.130
Survival craft launch supervisors, assignment of.................146.120
Work vests, supervision of.....................................146.20(b)
    Personal flotation device (PFD)--See Life preservers
Personnel:
Citizenship requirements...................................141.5, 141.15
Duties during emergency..........................................146.115
Evidence of citizenship...........................................141.25
Exemption from citizenship, requests for..........................141.20
General.....................................................See Part 141
Records to be maintained on.......................................141.35
Resident aliens...................................141.15, 141.20, 141.30
Station bill.....................................................146.130
Personnel landings
                                                                 143.105
Pollution incidents
                                                                  146.45
Portable fire extinguishers
                                                                  145.01
Production, inspection prior to
                                                              140.105(d)

                                    R

Radio, on manned platform
                                                               144.01-40
Rails
                                                                 143.110
Rebuilding ``existing'' MODUs
                                                                 143.201
``Recognized hazards''
                                                                   142.1
Records required, employee files
                                                                  141.35
Relocation of MODU, notice of
                                                                 146.202
Reports:
By vessels.......................................................146.303
Collisions................................................146.30, 146.35
Diving casualties.................................................146.40
Emergency drills..............................................146.125(c)

[[Page 182]]

Notice of casualty or accident...................146.30, 146.35, 146.303
Pollution incidents...............................................146.45
Unsafe working conditions..........................................142.5
Written report of casualty...............................146.35, 146.303
Resident aliens
                                                  141.15, 141.20, 141.30
Ring life buoys:
Marking of.......................................................146.135
On manned platforms............................................144.01-25
On unmanned platforms...........................................144.10-1

                                    S

Safety zones:
Authority to establish.............................................147.5
Establishment of..................................................147.10
Extent of.........................................................147.15
General.....................................................See Part 147
Purpose of.........................................................147.1
    Sanctions--See Civil Penalties
Semi-portable fire extinguishers
                                                                  145.01
Signals, emergency
                                                        146.110, 146.130
SOLAS
                                                              140.101(d)
Stairways, rails required
                                                              143.110(c)
Standby vessels
                                                 See Part 143, Subpart E
Station bill
                                                                 146.130
Subpoena power
                                                                 140.205
Survival craft:
Manning of.......................................................146.120
Marking of.......................................................146.135
    Survival suits--See Exposure suits

                                    U

Undocumented MODUs:
Exposure suits........................................See Subpart 144.20
General..........................................................143.205
Letter of Compliance.............................................143.210
Operating requirements...........................................146.203
Unmanned platforms (lifesaving equipment)
                                                      See Subpart 144.10
Unsafe working conditions:
Investigation of..............................................140.201(e)
Reports of.........................................................142.5

                                    V

Vessels:
General..........................................................143.300
Inspection of..................................140.101, 140.102, 140.103
Load line Certificates........................................143.301(b)
Load lines....................................................143.301(a)
Notice of casualty or accident...................................146.303

                                    W

Waterlights:
On exposure suits..................................144.20-5 and 144.30-5
On life floats (manned platforms)...........................144.01-10(b)
On life preservers (manned platforms)...............144.01-20(c), 146.15

[[Page 183]]

On ring life buoys (manned platforms).......................144.01-25(b)
On ring life buoys (unmanned platforms)...................144.10-1(a)(3)
Work vests:
Approved type..................................................146.20(a)
General...........................................................146.20
Inspection of..................................................146.20(d)
Stowage of.....................................................146.20(c)
Use of.........................................................146.20(b)
Workplace safety:
General.....................................................See Part 142
Investigations..................................................142.5(b)
Reports of unsafe working conditions...............................142.5

[[Page 184]]



                     SUBCHAPTER NN--DEEPWATER PORTS





PART 148--GENERAL--Table of Contents




                           Subpart A--General

Sec.
148.1  Purpose.
148.3  Definitions.

                         Subpart B--Applications

                                 General

148.101  Applicability.
148.103  Address of application staff.
148.105  Preparation.
148.107  Copies: fees.
148.109  Contents of application for issuance of license.
148.111  Optional procedures.

                    Subpart C--Application Proceeding

                                 General

148.201  Purpose.
148.203  Applicability.
148.205  Clerk: docket; record.
148.207  Availability of documents in the record.
148.211  Processing an application.
148.213  Changes to an application.
148.215  Withdrawal of application.
148.216  Request by port for determination.
148.217  Designation of adjacent coastal States.
148.219  Claims and objections.

                         Informal Public Hearing

148.231  Notice of public hearing.
148.233  Testimony and argument.
148.235  Report of public hearing.

                             Formal Hearing

148.251  Determination to hold formal hearing: notice of formal hearing.
148.253  Assignment of administrative law judge: disqualification.
148.255  Jurisdiction of the administrative law judge.
148.257  Authority of the administrative law judge.
148.259  Ex parte communications.
148.261  Parties.
148.263  Intervention.
148.265  A person not a party.
148.267  Appearance and practice.
148.269  Requirements for documents.
148.271  Subscription.
148.273  Filing.
148.275  Service of document: other transmittal.
148.277  Conferences.
148.279  Motions.
148.281  Subpoenas.
148.283  Hearing date.
148.285  Reporter; transcript; corrections.
148.287  Order of procedure.
148.289  Evidence.
148.291  Rulings referred or appealed to the Commandant.

                     Application Approval or Denial

148.321  Decision process generally.
148.323  Criteria and considerations.
148.325  Multiple applications.
148.327  Termination of proceeding before approval or denial of an 
          application.

                    Subpart D--Issuance of a License

148.400  Applicability.
148.403  Issuance of a license.
148.405  Term of license.
148.407  Consultation with adjacent coastal States.

                       Subpart E--Site Evaluation

148.501  Purpose.
148.503  Notice of proposed site evaluation activities.
148.505  General conditions of performance.
148.507  Reports.
148.509  Suspension and prohibition of activities.

  Subpart F--Procedure for Exemption From Any Requirement in Deepwater 
                            Port Regulations

148.601  Applicability.
148.603  Petition for exemption.
148.605  Coordination with states.
148.607  Exemption criteria.

                     Subpart G--Limits of Liability

148.701  Purpose.
148.703  Limits of liability.

Appendix A to Part 148--Environmental Review Criteria for Deepwater 
          Ports

    Authority: Secs. 5(a), 5(b), Pub. L. 93-627, 88 Stat. 2131 (33 
U.S.C. 1504(a), (b)); 49 CFR 1.46(s).

    Source: CGD 75-002, 40 FR 52553, Nov. 10, 1975, unless otherwise 
noted.



                           Subpart A--General



Sec. 148.1   Purpose.

    This subchapter prescribes regulations for the licensing, 
construction, design and equipment, and operation of deep-water ports.

[[Page 185]]



Sec. 148.3   Definitions.

    The terms listed in sections 3 and 18 of the Act, whenever used in 
Parts 148, 149 and 150, have the same meaning they have in the Act, 
except as provided in this section for ``Affiliate.''
    Act means the Deepwater Port Act of 1974.
    Affiliate means each person:
    (1) Having any direct or indirect ownership interest in the 
applicant of greater than three percent;
    (2) With whom the applicant has made, or proposes to make, a 
significant contract for financing, managing or otherwise participating 
in the construction or operation of the deepwater port proposed to be 
licensed;
    (3) Who owns or controls any person who is an affiliate by operation 
of paragraphs (a) or (b) of this definition, or who owns or controls the 
applicant;
    (4) Owned or controlled by or under common ownership or control with 
an applicant or any person who is an affiliate by operation of 
paragraphs (a), (b) or (c) of this definition; or
    (5) Who is determined by the Secretary to have information required 
to review or process the application.
    Barrel means 42 U.S. gallons at atmospheric pressure and 60 deg. 
Fahrenheit.
    Captain of the Port means a Coast Guard Officer commanding a Captain 
of the Port Area described in Part 3 of this chapter.
    Crude oil means a mixture of hydrocarbons that exist in the liquid 
phase in natural underground reservoirs and remains liquid at 
atmospheric pressure after passing through surface separating facilities 
and includes:
    (1) Liquids technically defined as crude oil;
    (2) Small amounts of hydrocarbons that exist in the gaseous phase in 
natural underground reservoirs but are liquid at atmospheric pressure 
after being recovered from oil well (casing head) gas in lease 
separators; and
    (3) Small amounts of non-hydrocarbons produced with the oil.
    Deepwater port means any fixed or floating manmade structures other 
than a vessel, or any group of such structures, located beyond the 
territorial sea and off the coast of the United States and which are 
used or intended for use as a port or terminal for the loading or 
unloading and further handling of oil for transportation to any State, 
except as otherwise provided in section 23 of the Act. The term includes 
all associated components and equipment, including pipelines, pumping 
stations, service platforms, mooring buoys, and similar appurtenances to 
the extent they are located seaward of the high water mark.
    Gross under keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is moored or anchored in 
calm water free of wind, wave, current, or tide conditions that would 
induce ship motion.
    Marine site means the area in which the deepwater is located, and 
includes the safety zone, attendant ships' routing measures, anchorages 
and all areas seaward of the high water mark in which associated 
components and equipment of the deepwater port are located.
    Miles means nautical miles.
    Net under keel clearance means that distance between the ocean 
bottom and the portion of a tanker's hull closest to the ocean bottom 
when the tanker is underway, moored or anchored, considering ship motion 
in responding to the combination of actual wind, wave, tide, and current 
conditions.
    PAD District means one of the five Petroleum Administration for 
Defense Districts defined by the Bureau of Mines, Department of the 
Interior.
    Platform means a fixed structure which rests on or is embedded in 
the sea-bed that has floors or decks in which an activity or specific 
function may be carried out.
    Production District means a State and each district within the State 
of Louisiana, New Mexico or Texas for which production of crude 
petroleum is separately reported by the Bureau of Mines, Department of 
the Interior.
    Pumping platform complex (PPC) means a single platform or a series 
of interconnected platforms that have one or more of the following 
capabilities:
    (1) Pumping oil between a vessel and the shore.
    (2) Berthing and messing facilities for assigned personnel.
    (3) Landing area for helicopters.
    (4) Mooring and loading for small vessels.

[[Page 186]]

    Refining District means a refining district as defined by the Bureau 
of Mines, Department of the Interior, for reporting refining operations.
    SPM means single point mooring buoy.
    Year-end proved reserves of crude oil means the estimated quantities 
of all liquids statistically defined as crude oil, which geological and 
engineering data demonstrate with reasonable certainty as of December 31 
of the year concerned to be recoverable in future years from known 
reservoirs under existing economic and operating conditions. Reservoirs 
are considered proved if economic producibility is supported by either 
actual production or conclusive formation tests. The area of an oil 
reservoir considered proved includes:
    (1) That portion delineated by drilling and defined by gas-oil or 
oil-water contacts, if any; and
    (2) The immediately adjoining portions not yet drilled, but which 
can be reasonably judged as economically productive on the basis of 
available geological and engineering data.

In the absence of information on fluid contacts, the lowest known 
structural occurrence of hydrocarbons controls the lower proved limit of 
reservoir. Reserves of crude oil which can be produced economically 
through application of improved recovery techniques (such as fluid 
injection) are included in the ``proved'' classification when successful 
testing by a pilot project, or the operation of an installed program in 
the reservoir, provides support for the engineering analysis on which 
the project or program was based.

[CGD 75-002, 40 FR 52553, Nov. 10, 1975, as amended by CGD 76-096, 45 FR 
85647, Dec. 29, 1980]



                         Subpart B--Applications

                                 General



Sec. 148.101   Applicability.

    This subpart prescribes rules that apply to each application, 
including competing applications described in section 5(d)(3) of the 
Act, for the issuance of a license for the ownership, construction, and 
operation of a deepwater port.



Sec. 148.103  Address of application staff.

    The address of the application staff is: Commandant (G-M), U.S. 
Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.

[CGD 92-069, 58 FR 11193, Feb. 24, 1993]



Sec. 148.105   Preparation.

    (a) Any person may confer with the application staff concerning the 
preparation of an application.
    (b) An applicant may incorporate by clear and specific reference in 
his application any:
    (1) Standard reference material upon which he relies and which he 
knows to be readily available to Federal and State Agencies;
    (2) Current information contained in previous applications or 
reports that he has submitted to the application staff; and
    (3) Current information contained in a tariff, report or other 
document previously filed for public record with the Interstate Commerce 
Commission, the Securities and Exchange Commission, or the Federal 
Energy Administration, provided:
    (i) A certified true and complete copy of the document is attached 
to each of 10 of the 60 copies of the application required by 
Sec. 148.107(a);
    (ii) Each copy filed with the application bears on its cover 
notation of the date of filing and the document number or other locator; 
and
    (iii) Any verification or certification required for the original 
filing (other than from auditors or other independent persons) is 
brought current to a date not earlier than 30 days prior to the date of 
the application.
    (c) If any required information is furnished pursuant to 
Sec. 148.111(b), the application need only state with respect thereto, 
in the appropriate place or places: ``Required information is being 
furnished by [named affiliate] [all affiliates] pursuant to 
Sec. 148.111(b).''



Sec. 148.107   Copies: fees.

    (a) Sixty copies of each license application must be submitted to 
the application staff.
    (b) One copy of each license application must be submitted to the 
U.S. Army Corps of Engineers District office

[[Page 187]]

having jurisdiction over the proposed port.
    (c) A nonrefundable application fee of $100,000 must be submitted 
with each application for issuance of a license. If additional 
information is necessary to make an application complete, no additional 
application fee is required.
    (d) The costs incurred by the United States in processing an 
application will be charged to the application fee until it is 
exhausted. Reimbursement for additional processing costs, above the 
application fee, must be submitted to the application staff when 
assessed.
    (e) Fees and costs assessed under this section must be made payable 
to the United States Treasury.



Sec. 148.109   Contents of application for issuance of license.

    Each application must include the following:
    (a) Identity of applicant and affiliates. (1) The name, address and 
principal business activity of the applicant and of each affiliate.
    (2) A list of all domestic subsidiaries and a list of all foreign 
subsidiaries of each applicant and of each affiliate that elects under 
Sec. 148.111(a) to furnish required information on a consolidated basis.
    (3) The name, address and principal business activity of each 
subsidiary or division of an applicant or an affiliate which 
participated directly and substantially in the planning, evaluating or 
approving of participation in the construction, financing, or operation 
of a deepwater port.
    (b) Proof of citizenship and authority. (1) If the applicant is an 
individual, group of individuals, a partnership or an association, an 
affidavit from each individual stating that he is a citizen of the 
United States of America.
    (2) If the applicant is a corporation, one copy of its charter or 
instrument by which the corporation is formed and organized under 
general corporation laws, certified by the Secretary of State or other 
appropriate authority of the State in which incorporated, and a copy of 
its by-laws certified by its Secretary or an Assistant Secretary.
    (3) If the applicant is a State, or combination of States, or any 
political subdivision, agency, or instrumentality of a State, including 
a wholly owned corporation, a copy of the laws authorizing the 
operations detailed in the application.
    (c) Address for service of documents. The name and address of a 
person upon whom service may be made if a formal hearing is held on the 
application and the name and address of a person to whom documents not 
required to be served under Sec. 148.275 may be sent.
    (d) Verification. A statement at the end of the application 
subscribed and sworn to before a notary public that the individual who 
signed the application has read it and that its contents are true to his 
best knowledge and belief.
    (e) Financial information. (1) For each applicant and affiliate:
    (i) Its most recent annual financial statement, including an income 
statement and a balance sheet, accompanied by an opinion of a certified 
public accountant; and
    (ii) An interim income statement and balance sheet for each 
subsequent fiscal quarter-year ended prior to 30 days before submission 
of the application.
    (2) The proposed location and capacity of the deepwater port, 
including all components thereof, together with a general description of 
the anticipated use of the deepwater port during the expected life of 
the project.
    (3) An estimate of construction costs, by phases together with 
estimated dates or periods for completion of each phase, or annually, 
and a detailed estimate of the cost of removal of all marine components 
of the deepwater port, other than pipelines lying below the seabed.
    (4) Annualized projections or estimates of each of the following, at 
reasonable intervals throughout the expected useful life of the 
deepwater port:
    (i) Total oil throughput together with subtotals of throughput of 
oil owned by the applicant and affiliates and of throughput of oil owned 
by others.
    (ii) Annual revenue.
    (iii) Annual operating expenses, showing separately any anticipated 
management fee, payment, allowance,

[[Page 188]]

or credit to any affiliate for management or operation of the port or 
any component.
    (5) A copy of every agreement or proposal relating to the ownership 
or management of a deepwater port or any of its components or to the 
financing of the construction or operation of the deep-water port or 
component, including those relating to throughputs, capital 
contributions, loans, guarantees, and commitment therefor.
    (6) To the extent known to the applicant or any affiliate, every 
existing or proposed:
    (i) Tariff or portion thereof to be filed with the Interstate 
Commerce Commission;
    (ii) Rate or joint rate; and
    (iii) Agreement, arrangement or understanding with respect to terms 
or conditions on which other persons may become an affiliate or with 
respect to minimum or maximum tenders or other economic restrictions on 
shipments by nonaffiliated persons.

If any item required by this subparagraph has not been determined, an 
explanation of the basis on which it will be determined must be 
included.
    (7) To the extent known to the applicant or any affiliate, the 
anticipated:
    (i) Total annual demand for crude oil; and
    (ii) Total year-end proved reserves of crude oil for each Production 
District within the PAD District in which oil from the proposed 
deepwater port is to be landed, at reasonable intervals throughout the 
expected useful life of the deepwater port.
    (8) To the extent known to the applicant or any affiliate, the 
anticipated:
    (i) Total refinery capacity;
    (ii) Total runs to stills; and
    (iii) Total demand for gasoline, for jet aviation fuels, for 
distillate fuel oils, and for other refinery products, for each Refining 
District within the PAD District in which oil from the deepwater port is 
to be landed, at reasonable intervals throughout the expected useful 
life of the deepwater port.
    (9) If the PAD District in which oil from deepwater port is to be 
landed has a surplus:
    (i) Of crude oil production and imports over refinery capacity, the 
information required in paragraph (e)(7) of this section must also be 
set forth for each Production District within the PAD Districts to which 
surplus crude oil from the District in which oil from deepwater port is 
landed is expected to be transported; and
    (ii) Of refinery capacity over demand for refinery products, the 
information required in paragraph (e)(8) of this section must also be 
set forth for each Refining District within the PAD Districts to which 
surplus refinery products from the PAD District in which oil from the 
deepwater port is landed is expected to be transported. If this includes 
the East Coast Refining District, the information for that district must 
be separately stated for the following three components:
    (a) New England: The States of Massachusetts, Rhode Island, and 
Connecticut.
    (b) South-Atlantic: The States of Virginia, North Carolina, South 
Carolina, Georgia, and Florida.
    (c) Mid-Atlantic: The remaining area of the East Coast Refining 
District (Maine, Vermont, New Hampshire, New Jersey, Maryland, Delaware, 
District of Columbia, and the eastern parts of New York and 
Pennsylvania).
    (10) From each applicant or affiliate which is engaged in producing, 
refining, or marketing oil, its estimate of its components of the totals 
required to be included under the provisions of paragraphs (e)(7), (8) 
and (9) of this section.
    (11) From each applicant or affiliate engaged in producing, 
refining, or marketing oil, for each item it is required to supply under 
paragraph (e)(10) of this section, its actual data for each of the three 
calendar years immediately prior to the date of application.
    (12) From each applicant or affiliate which has a significant 
interest in any refinery within any refinery district on which 
information is required to be disclosed under paragraphs (e)(8) or 
(9)(ii) of this section, for each refinery, its:
    (i) Location;
    (ii) Runs to still for each of the three calendar years prior to 
date of application; and

[[Page 189]]

    (iii) Production for each of the three calendar years prior to date 
of application of gasoline, jet aviation fuel, distillate fuel oils, and 
other products.
    (13) From each applicant or affiliate engaged in producing, refining 
or marketing oil, for each of the three calendar years immediately prior 
to the date of application, its total domestic and total worldwide: 
yearend proved reserves; annual production imports into the United 
States; and annual refinery runs to still and production of gasoline, 
jet aviation fuel, distillate fuel oils and other refinery products.
    (f) General technical information. (1) A description of the 
experience of the applicant, each affiliate of the applicant that the 
applicant may want to provide, and each consultant of the applicant in 
offshore operations, with particular emphasis on involvement in offshore 
transfer and storage of liquid cargo and vessel loading and unloading 
operations.
    (2) A listing and abstract of each study relied upon by the 
applicant and a listing and abstract of each ongoing or completed study 
pertaining to deepwater ports conducted by or for the applicant, later 
supplemented by data of particular environmental or operational concern 
from specific studies identified by the Coast Guard.
    (3) The name, address, citizenship and telephone number of each 
affiliate of the applicant together with a description of the manner in 
which the affiliate is associated with the applicant.
    (4) The name, address, citizenship, telephone number and 
qualifications of each engineering firm, if known, that will design the 
deepwater port, or any portion of the port.
    (5) The ownership interest in the applicant of each affiliate having 
any ownership interest in the applicant of greater than 3 percent.
    (6) For each affiliate with whom the applicant has made, or proposes 
to make a significant contract for the construction of any part of the 
deepwater port, a description of that affiliate's experience in 
construction of marine terminal facilities, offshore structures, 
underwater pipelines, seabed foundations or any other experience that 
would bear on his qualification to participate in the construction of a 
deepwater port.
    (7) A copy of each contract made by the applicant for the 
construction of any component of the deepwater port or for the operation 
of the port.
    (g) Water. Evidence that the requirements of section 401(a)(1) of 
the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 
1341(a)(1), will be satisfied, except that, in those cases where 
certification under section 401(a)(1) must be obtained from the 
Administrator of the United States Environmental Protection Agency, the 
request for such certification must accompany each application for a 
license under the Act.
    (g-1) Coastal zone management. The certification, or certifications, 
required by section 307 of the Coastal Zone Management Act of 1972, as 
amended.
    (h) Lease block identification. (1) Identification of each lease 
block established either by the Secretary of the Interior under section 
5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334), or by a 
State under t--e authority of section 3 of the Submerged Lands Act (43 
U.S.C. 1311), within which any part of the proposed deepwater port or 
its approaches are located. This identification should be made using 
Official Outer Continental Shelf Leasing Maps or Protraction diagrams 
where they are available. For each identified lease block, the following 
must be provided:
    (i) A description of each pipeline, or other right-of-way crossing, 
in enough detail to allow plotting of rights-of-way and facilities to 
the nearest one-tenth of a second in latitude and longitude.
    (ii) The identity of the lessee of each pipeline or other right-of-
way.
    (2) Detailed information concerning any interest that the applicant 
and others have in each block and concerning the present and planned use 
of each block.
    (i) Overall site plan. Single-line drawings showing the location and 
type of each component of the proposed deepwater port and its necessary 
facilities, including floating structures, fixed structures, aids to 
navigation, manifold systems and onshore storage areas, pipelines, and 
refineries.

[[Page 190]]

    (j) Site plan for marine components. A site plan consisting of:
    (1) The proposed size and location of:
    (i) All fixed and floating structures;
    (ii) SPM swing circles;
    (iii) Maneuvering areas;
    (iv) Recommended ships' routing measures and proposed vessel traffic 
patterns in the port area;
    (v) Recommended anchorage areas;
    (vi) Recommended mooring area for support vessels;
    (vii) Required and recommended aids to navigation; and
    (viii) Pipelines and cables within the marine site;
    (2) The charted water depth throughout the proposed marine site as 
verified by the reconnaissance hydrographic survey required by this 
subpart:
    (3) A reconnaissance hydrographic survey of the proposed marine 
site.

    Note: A requirement to submit an engineering hydrographic survey of 
the final marine site will be imposed as a license condition.

    (k) Soil data. An analysis of the general character and condition of 
the ocean bottom and sub-bottom throughout the marine site and along the 
path of the pipeline to the shore, including an opinion by a registered 
professional engineer specializing in soil mechanics concerning:
    (1) The suitability of the soil to accommodate the anticipated 
design load of each marine component that will be fixed to or supported 
on the ocean floor; and
    (2) The stability of the seabed when exposed to the environmental 
forces resulting from severe storms, or to lesser forces that continue 
for an extended period, including any history of accretion or erosion of 
the coast line in proximity to the marine site.
    (l) Operational information. (1) The maximum lengths, maximum 
drafts, and maximum deadweight tonnages of the tankers to be 
accommodated at each SPM.
    (2) Calculations with supporting data and other documentation to 
show that the charted water depth at each proposed SPM location is 
sufficient to provide at least a 5 foot net under keel clearance for 
each tanker that the applicant expects to be accommodated at the SPM.
    (3) A detailed description of the manner of forecasting the wind, 
wave, and current conditions described in the draft Operations Manual 
during which the following would occur:
    (i) Shutdown of oil transfer operations.
    (ii) Departure of the tanker from the mooring.
    (iii) Prohibition on mooring to an SPM.
    (iv) Shutdown of all operations and evacuation of the port.
    (4) The speed limits proposed for tankers in the safety zone.
    (m) Floating components data. (1) A description and preliminary 
design drawing of each floating component, including the hoses and the 
anchoring or securing structure and navigation lights if the component 
is a mooring buoy.
    (2) The design criteria, developed pursuant to Part 149 of this 
chapter, to which each floating component is to be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description and the results of any design and evaluation 
studies performed by or for the applicant on a floating component.
    (6) A description of safety, fire fighting, and pollution prevention 
equipment to be used on each floating component.
    (7) A description of lighting to be used on floating hoses for night 
detection.
    (n) Fixed marine components data. (1) A description and preliminary 
design drawing of each fixed marine component.
    (2) The design criteria, developed pursuant to Part 149 of this 
chapter, to which each fixed marine component is to be designed and 
built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description and the results of any design and evaluation 
studies performed by or for the applicant for any fixed marine component 
and utilized in the development of the application.

[[Page 191]]

    (6) A description of navigational lighting, safety, lifesaving, fire 
fighting, pollution prevention and removal, and waste treatment 
equipment to be installed.
    (7) A description and preliminary design drawing of the oil pumping 
equipment, piping system, control and instrumentation system, and any 
associated equipment, including the oil throughput measuring equipment, 
leak detection equipment, alarm system, and emergency shutdown 
equipment.
    (8) The personnel capacity of each PPC.
    (o) Offshore pipeline data. (1) A description and preliminary design 
drawing of the marine pipeline, including size, throughput capacity, 
length, depth and protective devices.
    (2) The design criteria to which the marine pipeline is to be 
designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the metering system to be used to measure flow 
rate.
    (6) Information concerning all submerged or buried pipelines that 
will be crossed by the offshore pipeline and the manner in which the 
crossing will be made.
    (p) Onshore components data. (1) A description of the location, 
capacity, and ownership of, and a preliminary design drawing for 
construction of new or expansion of existing onshore pipelines, storage 
facilities, refineries, petro-chemical facilities, and transshipment 
facilities to be served by the deepwater port.
    (2) Location, capacity, and ownership of existing onshore pipelines, 
storage facilities, refineries, petrochemical facilities, and 
transshipment facilities to be served by the deepwater port.
    (3) A chart showing the location of all planned and existing onshore 
pipelines, storage facilities, refineries, and petrochemical facilities 
and transshipment facilities to be served by the deepwater port.
    (4) From each applicant or affiliate which is engaged in producing, 
refining or marketing oil, throughput of crude oil, of gasoline, of jet 
aviation fuel, of distillate fuel oils and of other refinery products, 
for the calendar year preceding the date of application, and a copy of 
each existing or proposed throughput agreement.
    (5) A facility is served by the deep-water port if it is within a 
PAD District for which information is required under paragraph (e)(7), 
(8) or (9) of this section and is either served by connection with a 
common carrier pipeline or a component of or appurtenant to a common 
carrier pipeline.
    (6) Crude oil gathering lines and lines wholly within a facility 
must be included only if specifically required under paragraph (z) of 
this section. Entry points and major connections between lines and with 
bulk purchasers must be included.
    (q) Miscellaneous components data. (1) A description of the 
communications systems to be used in operation of the deepwater port.
    (2) A description of the radar navigation system to be used in 
operation of the deepwater port to include the type and characteristics 
of the radar and the antenna location.
    (3) A description of plans and method of bunkering vessels using the 
deepwater port.
    (4) Type, size and number of vessels to be used in bunkering, 
mooring, and servicing the vessels using the deepwater port.
    (5) A description and exact location of any shore based support 
facilities to be provided for vessels described in paragraph (q)(4) of 
this section.
    (r) Construction procedures. A description of the method and 
procedures to be used in constructing each component of the deepwater 
port and a description of each phase, including anticipated dates of 
completion for each of the specific components.
    (s) Draft Operations Manual. A draft Operations Manual for the 
proposed port prepared in accordance with the ``Guidelines for 
Preparation of a Deepwater Port Operations Manual''. If required 
information is not available, an applicant should so state, show why, 
and state when the information can be expected to be provided.

[[Page 192]]

    (t) Environmental analysis. An environmental analysis prepared in 
accordance with ``Guide to Preparation of Environmental Analyses for 
Deepwater Ports.''
    (u) Aids to Navigation. (1) For each proposed aid to navigation, the 
proposed position of the aid described by latitude and longitude 
coordinates to the nearest second or tenth of a second as determined 
from the largest scale chart of the area in which the aid is to be 
located. (Latitude and longitude should be specified to a level obtained 
by visual interpolation between the finest graduation of the latitude 
and longitude scales on the chart.)
    (2) For each proposed obstruction light and the proposed rotating 
lighted beacon, the color, characteristic, effective intensity, height 
above water, and general description of illumination apparatus.
    (3) For each proposed fog signal on a structure, a general 
description of the apparatus.
    (4) For each proposed buoy, the shape, color, number or letter, and 
depth of water in which located, and a general description of any light 
or fog signal apparatus installed.
    (5) For the proposed radar beacon (RACON), height above water and a 
general description of the apparatus.
    (v) Telecommunications equipment. A description of the radio 
stations or other communications facilities and the proposed concept of 
operation to serve the deepwater port during construction or operation.

    Note: Federal Communications Commission application for these 
facilities may be submitted directly to the Federal Communications 
Commission when sufficient technical information is available to meet 
the rules of that agency. The holding of appropriate Federal 
Communications Commission licenses will be made a condition on a 
deepwater port license.

    (w) National Pollutant Discharge Elimination System Information. To 
the extent available, the information prescribed by, and submitted on, 
the ``National Pollutant Discharge Elimination System'' (NPDES). 
Application for Permit to Discharge, Short Form ``D'' for applying for 
issuance of a discharge permit to the Administrator of the Environmental 
Protection Agency (EPA). If complete information is not available by the 
time the Secretary must either approve or deny the application for a 
designated application area, under section 5(i)(1) of the Act, the 
license is conditioned upon the applicant receiving the required 
discharge permit from the EPA prior to the commencement of any discharge 
requiring the same.
    (x) Discharge of dredged or fill material. The information 
prescribed by, and submitted on, Form EP 1145-2-1 contained as Appendix 
B of ``Application for Department of Army Permits for Activities in 
Waterways, EP 1145-2-1 of 1 October 1974'' for each permit issued by the 
Secretary of the Army in compliance with:
    (1) Section 10 of the Rivers and Harbors Act of 1899 (30 Stat. 1151; 
33 U.S.C. 403);
    (2) Section 404(b) of the Federal Water Pollution Control Act 
Amendments of 1972 (86 Stat. 816; 33 U.S.C. 1251); or
    (3) Section 103 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (86 Stat. 1052; 33 U.S.C. 1401).
    (y) Additional Federal authorizations required. All other 
applications for Federal authorizations required for ownership, 
construction, and operation of a deepwater port not listed elsewhere in 
this subpart.
    (z) Supplemental information. (1) A designation of locations where 
the applicant and each affiliate has segregated and filed documents in 
its possession relating to deepwater ports which were prepared within 
four years of the date of application and which fall under one or more 
of the following categories:
    (i) Prepared by or for, or submitted to, a Board of Directors or an 
executive, management or planning committee.
    (ii) Concern the financing of construction or operation of a 
deepwater port, including throughput nominations and membership in and 
financing of any existing or proposed joint venture.
    (iii) Concern existing or proposed or anticipated rates or joint 
rates.
    (iv) Determined by the Secretary to be required to review and 
process the application.

[[Page 193]]

    (2) Documents referred to in paragraph (z)(1) of this section must 
be available during normal business hours to the Secretary or the 
General Counsel of the Department of Transportation or the designate of 
either of them, for inspection and copying, at the locations designated 
in the application unless the General Counsel requires consolidation of 
documents from two or more locations. If any claim of privilege or 
immunity is asserted with respect to any document or record designated 
for inspection or copying, the person making the claim shall furnish to 
the Secretary or the General Counsel or his designate as the case may 
be, in accordance with Sec. 148.219(c), an identification of the 
document and statement of the claim.
    (3) The Secretary may require an applicant or affiliate to make 
available for examination under oath or for interview persons having, or 
believed to have, designated information. Interviews and examinations 
are conducted by or at the direction of the General Counsel.
    (4) The Secretary may require an applicant or affiliate to file as a 
supplement to the application any analysis, explanation or detailing of 
information in the application or any other information determined by 
the Secretary to be required to review or process the application.
    (5) Any Federal or State department or agency or other interested 
person may file with the clerk a request or recommendation for further 
information. Requests and recommendations received within 30 days after 
notice of the initial application has been published will be fully 
considered before any final determination is made under this paragraph 
(z). Requests and recommendations must include a brief statement of the 
purpose of any proposed requirement, including, if it relates to 
conduct, the nature of the conduct and the probable consequences, or if 
the proposed requirement relates to physical characteristics, the nature 
of any safety, health, environmental or economic concerns.
    (6) In exercising the authority to require supplemental information 
under paragraph (z)(2), (3) or (4) of this section, the Secretary, the 
General Counsel, or the designate, as the case may be, may fix a time by 
which an applicant or affiliate must meet the requirement. If an 
application states that required information is not yet available but 
will be furnished at a later date, the Commandant may specify a time by 
which the information must be provided. If any requirement is not met by 
a time fixed in accordance with this subparagraph, the Secretary shall 
determine whether compliance with the requirement is material to 
processing of the application within the time prescribed in the Act. If 
the Secretary determines that it is material, he may disapprove the 
application, or may suspend the application pending a determination that 
processing can be resumed. The period of any suspension shall not be 
counted in determining the date prescribed by the time limit set forth 
in sections 4(c)(6), 5(d)(3), 5(e)(2), 5(g), 7(b)(1) or 9(b)(1) of the 
Act.

[CGD 75-002, 40 FR 52553, Nov. 11, 1975; 40 FR 58144, Dec. 15, 1975, as 
amended by CGD 76-096, 45 FR 85647, Dec. 29, 1980]



Sec. 148.111   Optional procedures.

    (a) Consolidated statements. Applicants and affiliates may elect to 
supply required information consolidated in accordance with generally 
accepted accounting principles, if and to the extent that consolidated 
statements or reports are filed with the Interstate Commerce Commission, 
the Securities and Exchange Commission, or the Federal Energy 
Administration, but if those filings are also made or required to be 
made by line of business or other classifications, the application shall 
be prepared on the same basis. An election under this paragraph is 
subject to the authority of the Secretary to require supplemental 
information, pursuant to Sec. 148.109(z).
    (b) Direct submissions by affiliates. If any affiliate has reason to 
believe that it or its business or property would be prejudiced by 
furnishing information required from it to the applicant, the affiliate 
may file the required information directly with the clerk. The 
information must be enclosed in a sealed envelope bearing on the outside 
the names of the applicant and affiliate and the date or anticipated 
date of the application. If any claim of privilege or

[[Page 194]]

confidentiality is asserted with respect to the contents, the procedure 
specified in Sec. 148.219(c) or (d) must be followed.



                    Subpart C--Application Proceeding

                                 General



Sec. 148.201   Purpose.

    This subpart prescribes rules of procedure and practice for 
application proceedings.



Sec. 148.203   Applicability.

    (a) Except as provided in paragraph (b) of this section, the rules 
in this subpart apply to each application proceeding.
    (b) The rules for formal hearings in Secs. 148.251--148.291 apply 
only to application proceedings in which the Commandant issues a notice 
of formal hearing under Sec. 148.251. The rules for informal hearings in 
Secs. 148.231--148.235 apply only to proceedings to consider 
applications for issuance, transfer, and renewal of a license.



Sec. 148.205   Clerk: docket; record.

    (a) The mailing address for the clerk in each proceeding is: 
Commandant (G-M), U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001.
    (b) The clerk maintains a docket and the record for each proceeding. 
The docket lists each document in the record. The record contains all 
documents filed or issued in the proceeding that the clerk has received 
and any other documents in the proceeding that are docketed in 
accordance with this subpart.

[CGD 75-002, 40 FR 52553, Nov. 10, 1975; 40 FR 58143, Dec. 15, 1975, as 
amended by CGD 92-069, 58 FR 11193, Feb. 24, 1993]



Sec. 148.207   Availability of documents in the record.

    (a) The procedure for inspecting and copying documents in the record 
of a proceeding is contained in 49 CFR part 7 and section 14 of the Act. 
Copies of documents in the record of a proceeding are mailed to each 
adjacent coastal State unless their release is prohibited by 49 CFR part 
7 and section 14 of the Act.
    (b) Comments submitted by Federal agencies and departments for each 
proceeding in accordance with sections 5(e)(2) and 7(b) of the Act are 
docketed when they are received. Copies of the draft and final 
environmental impact statements prepared in accordance with section 5(f) 
of the Act are docketed when they are transmitted to the Council on 
Environmental Quality.
    (c) The applicant must designate any portions of the material 
submitted in an application that contain either trade secrets or 
commercial or financial information that is claimed to be privileged or 
confidential. Section 148.219 prescribes procedures for objecting to 
claims and resolving of disputed issues.
    (d) A copy of the application, except trade secrets and confidential 
information, is available for inspection and copying at: Commandant (G-
M), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.
    (e) The application staff will designate a custodian of all 
documents filed in a proceeding for which protection is claimed under 
section 14(b) of the Act. The custodian shall not make public for 
inspection documents for which protection is claimed nor otherwise 
disclose such information, unless the General Counsel is of the opinion 
that the disclosure is not inconsistent with the requirements of section 
14(b) of the Act. The custodian shall keep a record of all officers and 
employees of the Department having custody of any copy or copies of 
undisclosed documents.

[CGD 75-002, 40 FR 52553, Nov. 10, 1975, as amended by CGD 92-069, 58 FR 
11193, Feb. 24, 1993]



Sec. 148.211   Processing an application.

    The Assistant Commandant for Marine Safety and Environmental 
Protection takes the action described in section 5(c)(1) of the Act for 
processing each application received in a proceeding and for issuing in 
the Federal Register the notices described in section 5(c)(1). If he 
issues notice of application pursuant to section 5(c)(1) of the Act, the 
application staff thereafter delivers the application described in the 
notice to the clerk for docketing and mails a copy of the notice to 
each:

[[Page 195]]

    (a) Party;
    (b) Adjacent coastal State; and
    (c) Other coastal State bordering on the body of water in which the 
proposed port would be located.

[CGD 75-002,40 FR 52553, Nov. 10, 1975 as amended, at CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



Sec. 148.213   Changes to an application.

    If information in an application becomes materially inaccurate or 
incomplete after it is docketed in a proceeding but before the 
proceeding is terminated, the applicant must promptly file an amendment 
furnishing the corrected or additional information. Sixty copies of the 
amendment must be submitted to the application staff when the revisions 
are filed.



Sec. 148.215   Withdrawal of application.

    An applicant may withdraw his application in a proceeding at any 
time before the proceeding is terminated by delivering or mailing notice 
of withdrawal to the clerk for docketing.



Sec. 148.216   Request by port for determination.

    A port which applies for a determination under section 4(d) of the 
Act must submit a request in writing to the application staff within 30 
days of the date that notice of application is published in the Federal 
Register. The request must:
    (a) Be signed by the highest official of the port submitting the 
request;
    (b) Contain a copy of existing plans for the construction of a deep 
draft channel and harbor;
    (c) Certify that the port has an active study by the Secretary of 
the Army for the construction of a deep draft channel and harbor, or 
that the port has pending an application for a permit under section 10 
of the Act of March 3, 1899 (30 Stat. 1121) for the construction;
    (d) Provide any available documentation on:
    (1) Initial costs, by phases if staged development, for the proposed 
onshore project, including dredging, ship terminal and attendant 
facilities;
    (2) Estimated annual operating expenses by phases, if staged 
development, including labor, for thirty years for all elements of the 
project;
    (3) Estimated time of completion of all elements of the proposed 
project;
    (4) An estimate of the volume of ship traffic, the volume and 
variety of the tonnage, an assessment of the potential traffic 
congestion conditions in the port and an assessment of the capability of 
the port for controlling vessel traffic as a result of the proposed 
dredging project;
    (5) An assessment of the economic benefits estimated to be derived 
from the project, including:
    (i) Economic contribution to the local, and regional area;
    (ii) Induced industrial development;
    (iii) Increased employment;
    (iv) Increases in tax revenues; and
    (v) Any other factors; and
    (6) An assessment of the environmental and social impact of the 
project on elements of the local and regional community; and
    (e) Provide a statement of its views on whether it seeks a 
determination that the State port best serves the national interest or 
that both developments are warranted.



Sec. 148.217   Designation of adjacent coastal States.

    (a) The Assistant Commandant for Marine Safety and Environmental 
Protection, in issuing a notice of application pursuant to section 
5(c)(1) of the Act, designates as an adjacent coastal State each State 
which would be directly connected by pipeline to the deepwater port 
proposed in the application or which is within 15 miles of the proposed 
deepwater port. A State not designated as an adjacent coastal State in 
the notice of application may request to be so designated on the basis 
that the risk of damage to its coastal environment is equal to or 
greater than the risk posed to a State directly connected by pipeline to 
the proposed deepwater port.
    (b) Each request submitted under paragraph (a) of this section must:
    (1) Be submitted in writing to the application staff within 14 days 
after the date of publication of the notice of application in the 
Federal Register;
    (2) Be signed by the Governor of the State;

[[Page 196]]

    (3) Set forth the facts and any available analyses in support of the 
request together with any available documentation concerning the risk of 
damage to the coastal environment of the requesting State that could 
occur as a result of the establishment of a deepwater port; and
    (4) State why the requesting State believes the risk of damage to 
its coastal environment is equal to or greater than the risk posed to a 
State connected by a pipeline to the proposed deepwater port.
    (c) The application staff transmits a copy of each request submitted 
in accordance with paragraph (b) of this section to the Administrator of 
the National Oceanic and Atmospheric Administration and requests his 
recommendations within a period of time that will allow the Secretary to 
determine the matter within 45 days after the date the request was 
received.
    (d) If, after having received the recommendation of the 
Administrator of the National Oceanic and Atmospheric Administration, 
the Secretary determines that there is a risk of damage to the coastal 
environment of the requesting State equal to or greater than the risk 
posed to a State directly connected to the proposed deepwater port, he 
grants the request and designates the requesting State as an adjacent 
coastal State. If he determines that there is not such a risk, he denies 
the request and so notifies the Governor of the requesting State.

[CGD 75-002, 40 FR 52553, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



Sec. 148.219   Claims and objections.

    (a) Any person required to furnish information may assert, as ground 
for relief from the requirement, any failure to comply with this part or 
any other constitutional or legal right or privilege.
    (b) In general, claims relating to documents must be made on filing 
an application or on receiving a determination by the Secretary pursuant 
to Sec. 148.109(z).
    (c) If a person claims attorney-client privilege, he must identify 
the communication by date, type of communication, persons making and 
receiving the communication, and general subject matter. If the required 
information is in a separable part of a communication, such as an 
attachment to a letter, the separate part must be similarly identified. 
The identification must be filed with the clerk or as a document 
pursuant to Sec. 148.269.
    (d) Any document claimed to be protected by section 14(b) of the Act 
must be placed in a sealed envelope, containing the name of the person 
claiming the protection and of the applicant, and the date or 
anticipated date of the application. A brief statement of the basis of 
the claim must be included, either on the envelope or separately. If a 
number of documents are involved, they must be grouped according to 
nature of claim, and a self-explanatory numbering system used for 
envelopes and documents.
    (e) Written objection to any claim may be made by any Federal or 
State department or agency, or any applicant, affiliate, party or other 
interested person. The objection shall include a brief statement of its 
basis and identify the documents to which it applies.
    (f) Except as provided in paragraph (g) of this section, the General 
Counsel shall determine, or designate a person to determine, issues 
raised by any claim filed under this section. A designation by the 
General Counsel may specify procedures to be used in resolving the issue 
or may leave some or all of the procedural matters to the discretion of 
the designated person. The proceedings pursuant to a designation shall 
be reported to the General Counsel, who shall approve, modify or 
disapprove the reported findings and conclusions.
    (g) Any person making or objecting to a claim, or other interested 
person, may at any time file with the General Counsel a request or 
recommendation as to procedures. The General Counsel may act upon it or 
refer it to a person designated to resolve the issue.
    (h) At any formal or informal hearing the presiding officer may 
permit any person to assert any claim that could be filed under this 
section and may determine any issue raised by the claim or, in his 
discretion, refer it to the

[[Page 197]]

General Counsel for resolution pursuant to paragraph (f) of this 
section.
    (i) The filing of any claim under this section, other than a claim 
of document protection under paragraph (d) of this section, shall stay 
the time for meeting any information required to which the claim 
relates, but shall not stay the periods for processing and review of an 
application unless the Secretary determines that compliance with the 
requirement is material to processing of the application within the time 
prescribed in the Act. If the Secretary determines that it is material, 
he may suspend the application pending a determination that processing 
can be resumed. The period of any suspension shall not be counted in 
determining the date prescribed by the time limit set forth in section 
4(c)(6), 5(d)(3), 5(e)(2), 5(g), 7(b)(11) or 9(b)(1) of the Act.
    (j) Any determination by the General Counsel under paragraph (f) of 
this section may be appealed to the Secretary for good cause shown.

                         Informal Public Hearing



Sec. 148.231   Notice of public hearing.

    After all applications in a proceeding are docketed, the Commandant 
issues a notice of public hearing and mails or delivers it to any person 
who requests it and to each applicant and adjacent coastal state. The 
clerk dockets the notice when it is published. Each notice shows the 
time and place for the hearings, formulates the factual issues in the 
proceeding, procedural matters to govern the hearings, and designates 
the presiding officer assigned by the Commandant for the hearing.



Sec. 148.233   Testimony and argument.

    Interested persons may attend any public hearing, present relevant 
material at the hearing, and submit briefs and oral argument at a time 
determined by the presiding officer during the hearing.



Sec. 148.235   Report of public hearing.

    As soon as practicable after a public hearing is completed, the 
presiding officer forwards a report of the hearing to the clerk for 
docketing. The report at a minimum contains a summary of the materials 
presented and factual issues raised at the hearing and has attached to 
it a transcript of the hearing and all relevant materials and briefs 
submitted to the presiding officer. The presiding officer determines and 
announces to the participants during the course of the hearing what 
material will be attached to the report.

                             Formal Hearing



Sec. 148.251   Determination to hold formal hearing: notice of formal hearing.

    (a) After the reports of public hearings are docketed in a 
proceeding, the Commandant determines whether there are specific and 
material factual issues concerning the applications that may be resolved 
by a formal hearing. If he determines that a formal hearing is 
necessary, he issues notice of formal hearing to the applicants, the 
application staff, and the administrative law judge.
    (b) A notice of formal hearing lists the factual issues for 
resolution at the hearing, the applicants, and the administrative law 
judge assigned to conduct the hearing.
    (c) The clerk mails or delivers a copy of the notice of formal 
hearing in a proceeding to each adjacent coastal state and to each 
person who requests notice of formal hearing.



Sec. 148.253   Assignment of administrative law judge: disqualification.

    (a) The Commandant assigns the administrative law judge for a formal 
hearing.
    (b) The administrative law judge may disqualify himself at any time 
after assignment by filing notice of withdrawal from the proceeding. If 
on motion of a party the administrative law judge does not disqualify 
himself, the party may appeal the ruling to the Commandant by filing 
notice of appeal within seven days after the ruling on the motion. A 
brief may be filed with the notice of appeal.
    (c) If the assigned administrative law judge becomes unavailable 
during the proceeding, another administrative law judge is assigned.

[[Page 198]]



Sec. 148.255   Jurisdiction of the administrative law judge.

    (a) The jurisdiction of the administrative law judge over a 
proceeding begins when he is assigned. His jurisdiction ends 20 days 
after the transcript of the formal hearing is docketed or when he issues 
notice of withdrawal from the proceeding.
    (b) The Commandant exercises the authority of an administrative law 
judge in a proceeding when no administrative law judge has jurisdiction.



Sec. 148.257   Authority of the administrative law judge.

    The administrative law judge assigned to a formal hearing may:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas;
    (c) Adopt procedures for the submission of evidence in written form;
    (d) Rule on offers of proof and receive relevant evidence;
    (e) Examine witnesses at the formal hearing;
    (f) Dispose of procedural requests or similar matters;
    (g) Convene, recess, reconvene, adjourn, and otherwise regulate the 
course of the formal hearing;
    (h) Certify questions to the Commandant;
    (i) If a party to a formal hearing fails to appear at a session of 
the hearing, proceed with the session without further notice to the 
party;
    (j) Extend or shorten a time prescribed by this subpart to the 
extent consistent with the 240 days time limit prescribed in section 
5(g) of the Act for completing public hearings in a proceeding;
    (k) Prescribe a time for doing an act if the time is not prescribed 
in this subpart; and
    (l) Take any other action authorized by or consistent with this 
subpart, the Act, or 5 U.S.C. 551-559.



Sec. 148.259   Ex parte communications.

    If two or more applications have been filed in a proceeding, or if a 
person opposing an application has intervened in the proceeding, the 
administrative law judge may not consult any party on a fact in issue 
except on notice and opportunity for all parties to participate. The 
administrative law judge must prepare a summary of and have docketed 
each ex parte communication in the proceeding.



Sec. 148.261   Parties.

    The parties to a formal hearing are the application staff, the 
applicants, and intervenors in the proceeding.



Sec. 148.263   Intervention.

    (a) Any person may file a petition to intervene in a formal hearing, 
and any adjacent coastal state may intervene by filing a notice of 
intervention. The petition must be addressed to the administrative law 
judge, must identify the specific matters in the hearing on which he 
seeks to intervene and his interest in those matters, and must designate 
the name and address of a person upon whom service may be made if the 
petition is granted. A party to the formal hearing may file an answer to 
a petition within five days after the petition is filed.
    (b) A petition to intervene must be filed within ten days after 
notice of formal hearing is issued.
    (c) Intervention may be limited to particular matters or to 
particular times in the hearing if necessary to prevent repetitious 
evidence and argument or to control the course of the formal hearing.
    (d) If the administrative law judge denies a petition in whole or 
part, the petitioner may appeal to the Commandant by filing notice of 
appeal within seven days after the denial is issued. A brief may be 
filed with the notice of appeal. A party may file a brief in support of 
or in opposition to the appeal within seven days after the notice of 
appeal is filed.



Sec. 148.265   A person not a party.

    (a) At any time before a formal hearing, any person who is not a 
party may submit to the administrative law judge a petition to present 
evidence at the formal hearing. The petition must be sent to the 
administrative law judge or to the clerk who will forward it to the 
administrative law judge. The petition must contain a statement 
describing in detail the evidence to be presented and

[[Page 199]]

must show its relevancy to factual issues listed in the notice of formal 
hearing.
    (b) If a petition is granted, the ruling delineates the evidence 
that may be presented at the formal hearing.



Sec. 148.267   Appearance and practice.

    (a) Each party to a formal hearing, except an individual, must 
appear by his attorney. Each attorney must file a notice of appearance 
that states his name, address, telephone number, and the name of the 
person he represents. With his notice of appearance, each attorney must 
file a written authorization from his client.
    (b) Each attorney representing a person in a proceeding must be 
admitted, and be in good standing, to practice before a court of the 
United States or the highest court of any State, territory or possession 
of the United States.
    (c) The administrative law judge assigned to the formal hearing may 
suspend or bar an attorney from representing a person in the proceeding 
if he finds that the attorney has failed to conform to the standards of 
conduct required for attorneys in the Courts of the United States.
    (d) The administrative law judge may exclude any person from a 
formal hearing or a conference if the person is contumacious at the 
hearing or conference.



Sec. 148.269   Requirements for documents.

    (a) Each document, except an application, filed in a proceeding or 
submitted to the administrative law judge must:
    (1) List the docket number of the proceeding; and
    (2) Be signed in ink by the person filing or submitting the document 
and show the capacity of the person signing, his address, and the date 
of signing.
    (b) Each document filed in a proceeding, except an application, 
must:
    (1) Be accompanied by ten copies of the document;
    (2) Show the name and address of each person upon whom a copy of the 
document has been served;
    (3) Be accompanied by an affidavit showing proof of service if the 
person serving the process is not an attorney; and
    (4) Contain the following certificate of service if the person 
serving the process is an attorney:

    I hereby certify that I have this day served the foregoing document 
upon --------------------------------in accordance with 33 CFR 148.275.
    Dated at ------------ this ------------day of ------------, 19----.
________________________________________________________________________
                                                       Signature        
For_____________________________________________________________________
........................................................................
                                             Name of Party or Petitioner



Sec. 148.271   Subscription.

    The signature on a document filed, served, or submitted to the 
administrative law judge in a proceeding is certification by the person 
signing that he has full authority to sign the document, that he has 
read it and knows its contents, that to the best of his knowledge, 
information, and belief the statements made in it are true, and that it 
is not interposed for delay.



Sec. 148.273   Filing.

    (a) A document is filed in a proceeding when it meets the 
requirements in Sec. 148.269 and is deposited in the mail or, if not 
mailed, is received by the clerk.
    (b) If the clerk receives a document that does not comply with 
Sec. 148.269 he returns it to the person who submitted it with a 
statement of reasons for the return.
    (c) Filing by mail must be by certified mail.



Sec. 148.275   Service of document: other transmittal.

    (a) The clerk serves each order, ruling, decision, and notice upon 
all parties to a formal hearing when issued, except a document issued at 
the formal hearing or a prehearing conference.
    (b) Each document before it is filed in a proceeding must be served 
upon:
    (1) All parties, except the person filing the document; and
    (2) The administrative law judge or if no administrative law judge 
has jurisdiction, the Commandant.
    (c) Service of a document upon a party must be made upon the 
attorney representing the party or, for a party

[[Page 200]]

not represented by an attorney, upon the party.
    (d) Service must be made by handing a copy of the document to the 
person to be served or depositing a copy of the document in the mail.
    (e) This section does not apply to service of subpoenas. Rules for 
serving subpoenas are in Sec. 148.281.
    (f) The clerk mails to a person who is not a party, and who has 
submitted a petition or motion in the proceeding, a copy of the ruling 
on the petition or motion when issued and a copy of the action taken on 
any appeal of the petition. He mails a copy of the notice of the formal 
hearing, when the notice is issued, to each person whose petition to 
present evidence has been granted under Sec. 148.265.
    (g) The clerk provides the applicants and the administrative law 
judge with a copy of each application and report of public hearing 
docketed in the proceeding.



Sec. 148.277   Conferences.

    (a) The administrative law judge may hold one or more prehearing 
conferences to give the parties an opportunity to present and consider 
facts and arguments, to exchange exhibits proposed to be offered in 
evidence, and to obtain stipulations, admissions, and agreements to 
produce documents and other tangible things. The administrative law 
judge may consider at a conference the procedure to be followed at the 
formal hearing, limitations on the number of witnesses at the hearing, 
and any other matters that may expedite the disposition of the 
proceeding.
    (b) The administrative law judge may hold conferences during a 
formal hearing to expedite the disposition of the proceeding.
    (c) If a prehearing conference is held, the administrative law judge 
issues a notice reciting the action taken at the conference and any 
agreements made between the parties.



Sec. 148.279   Motions.

    (a) Any request for a ruling or relief in a proceeding, except a 
request for a subpoena or a petition to intervene or present evidence at 
a formal hearing, must be submitted by motion. Each motion must be 
addressed to the administrative law judge, state the ruling or relief 
sought and the grounds therefor, and be accompanied, if appropriate, by 
a proposed order. Each written motion must be filed. An oral motion may 
be made only at the formal hearing or a conference.
    (b) Within seven days after service of a written motion, a party may 
file an answer supporting or opposing the motion.
    (c) Unless otherwise authorized by the administrative law judge, no 
oral argument is heard on a written motion. A brief may be filed with a 
written motion or an answer to a written motion.
    (d) The administrative law judge issues a ruling and any appropriate 
order for each motion made.
    (e) Except as otherwise provided in Secs. 148.253 and 148.263, a 
ruling of the administrative law judge on a motion may not be appealed 
to the Commandant. The administrative law judge may refer any ruling to 
the Commandant for review if he determines that the ruling involves an 
important question of law or policy.



Sec. 148.281   Subpoenas.

    (a) At any time before a formal hearing is completed, a party may 
submit a request to the administrative law judge for issuance of a 
subpoena. A request for issuance of a subpoena must show the general 
relevance and scope of the evidence sought.
    (b) A proposed subpoena and fifteen copies, and witness fees for one 
day and mileage, must be submitted with each request. A proposed 
subpoena must contain:
    (1) The docket number of the proceeding;
    (2) The captions ``Department of Transportation,'' ``Coast Guard,'' 
and ``Licensing of Deepwater Port for coastal waters off (insert name of 
the coastal state closest to the proposed deepwater port and the docket 
number of the proceeding)'';
    (3) The name and office of the administrative law judge;
    (4) A statement commanding the person to whom the subpoena is 
directed to attend the formal hearing and give testimony or, for a 
subpoena to produce documentary evidence, a statement commanding the 
person to

[[Page 201]]

produce designated documents, books, papers, or other tangible things at 
a designated time or place; and
    (5) Explanation of the procedure in Sec. 148.279 and paragraph (e) 
of this section for quashing a subpoena.
    (c) Unless otherwise authorized by the administrative law judge, a 
subpoena must be served in accordance with Rule 45 of the Federal Rules 
of Civil Procedure.
    (d) A subpoenaed witness is paid the same fees and mileage paid to 
witnesses subpoenaed in District Courts of the United States. The person 
requesting a subpoena must pay the fees and mileage.
    (e) Any motion to quash a subpoena must be submitted within seven 
days after service of the subpoena.
    (f) If a person does not comply with a subpoena and the 
administrative law judge on motion rules that good cause has been shown 
for seeking judicial enforcement of a subpoena, he refers his ruling to 
the Commandant.



Sec. 148.283   Hearing date.

    (a) The administrative law judge schedules the formal hearing by 
issuing a notice to the parties.
    (b) The clerk mails or delivers a copy of the notice to any person 
who requests it.



Sec. 148.285   Reporter: transcript; corrections.

    (a) The reporter for a formal hearing is arranged for by the clerk. 
The reporter prepares a verbatim transcript of the hearing under the 
supervision of the administrative law judge. Nothing may be deleted from 
the transcript unless ordered by the administrative law judge and noted 
in the transcript.
    (b) After a formal hearing is completed, the administrative law 
judge certifies and forwards the transcript to the clerk for docketing.
    (c) At any time within 20 days after the transcript is docketed, the 
administrative law judge may make corrections to the certified 
transcript. Corrections when filed are attached to the transcript as 
appendices. Any motion to correct the transcript must be submitted 
within ten days after the transcript is docketed.



Sec. 148.287   Order of procedure.

    The administrative law judge determines the order of procedure for 
each formal hearing.



Sec. 148.289   Evidence.

    A party may present evidence and conduct cross-examination of 
witnesses at a formal hearing. Other persons may present evidence that 
they have been authorized to present under Sec. 148.265.



Sec. 148.291   Rulings referred or appealed to the Commandant.

    (a) The Commandant reviews each ruling referred or appealed to him 
under this subpart and issues a ruling and any appropriate order. Unless 
otherwise ordered by the Commandant or the administrative law judge, 
review of a ruling does not stay a formal hearing or extend a time 
period prescribed by this subpart.
    (b) If the administrative law judge refers a ruling to the 
Commandant, he gives notice to the parties of the referral.

                     Application Approval or Denial



Sec. 148.321   Decision process generally.

    (a) During the 45-day period immediately following the completion of 
the final public hearing on a proposed deepwater port license for a 
designated application area, opportunity is provided for the various 
Federal departments and agencies having expertise concerning, or 
jurisdiction over, any aspect of ownership, construction, or operation 
of deepwater ports or having a duty under the Act with respect thereto 
and the Governor of each adjacent coastal State to formulate and 
transmit to the Secretary their determinations, recommendations, 
opinions and approvals or disapprovals, as the case may be.
    (b) Within 45 days after the expiration of the 45-day period 
described in paragraph (a) of this section, the Secretary approves or 
denies each application for a deepwater port license in the designated 
application area.



Sec. 148.323   Criteria and considerations.

    (a) The Secretary approves an application only after he determines 
that:

[[Page 202]]

    (1) The applicant is financially responsible and will carry 
insurance or give evidence of other financial responsibility in the 
amount of $50,000,000 to cover the clean-up costs and damages that could 
result from a discharge of oil from the deepwater port concerned or from 
a vessel moored at the deepwater port;
    (2) The applicant can and will comply with applicable laws, 
regulations, and license conditions;
    (3) The construction and operation of the deepwater port will be in 
the national interest and consistent with national security and other 
national policy goals and objectives, including energy sufficiency and 
environmental quality;
    (4) The deepwater port will not unreasonably interfere with 
international navigation or other reasonable uses of the high seas, as 
defined by treaty, convention, or customary international law;
    (5) In accordance with the environmental review criteria set forth 
in Appendix A to this part, that the applicant has demonstrated that the 
deepwater port will be constructed and operated using the best available 
technology, so as to prevent or minimize adverse impact on the marine 
environment; and
    (6) The adjacent coastal State to which the deepwater port concerned 
is to be connected by pipeline, has developed, or is making, at the time 
the application was submitted, reasonable progress toward developing an 
approved coastal zone management program pursuant to the Coastal Zone 
Management Act of 1972 in the area to be directly and primarily impacted 
by land and water development in the coastal zone resulting from the 
deepwater port or is receiving a planning grant under section 305 of the 
Coastal Zone Management Act.
    (b) In deciding whether to approve or deny an application and in 
making the related preliminary determinations specified in paragraph (a) 
of this section, the Secretary considers:
    (1) The information set forth in the application concerned and any 
other applications for licenses for the same application area submitted 
in accordance with section 5(d)(3) of the Act;
    (2) The information developed during hearings held pursuant to 
Secs. 148.231 through 148.291;
    (3) The final environmental impact statement for the application 
area concerned;
    (4) The views of the Secretary of the Army, the Secretary of State, 
and the Secretary of Defense on the adequacy of the application and its 
effects on programs within their respective jurisdictions;
    (5) The views and recommendations of the heads of any other Federal 
departments or agencies having expertise concerning, or jurisdiction 
over, any aspect of the ownership, construction or operation of 
deepwater ports; and
    (6) The opinions of the Federal Trade Commission and the Attorney 
General as to whether issuance of the license would adversely affect 
competition, restrain trade, promote monopolization or otherwise create 
a situation in contravention of the antitrust laws.
    (c) The Secretary does not approve an application if, within the 45-
day period immediately following the completion of the final public 
hearing:
    (1) The Administrator of the Environmental Protection Agency 
determines that the proposed deepwater port will not conform with all 
applicable provisions of the Clean Air Act, as amended, the Federal 
Water Pollution Control Act, as amended, or the Marine Protection, 
Research and Sanctuaries Act, as amended; or
    (2) The Governor of an adjacent coastal State disapproves the 
issuance of the license.



Sec. 148.325   Multiple applications.

    (a) Except as provided in paragraph (b) of this section, in the case 
of more than one application for a deepwater port license in a 
designated application area, only one application may be approved 
according to the following order of priorities:
    (1) An applicant that is an adjacent coastal State (or combination 
of States), any political subdivision thereof or agency or 
instrumentality, including a wholly owned corporation thereof.
    (2) An applicant who is not:
    (i) Engaged in producing, refining, or marketing oil;

[[Page 203]]

    (ii) An affiliate of any person who is engaged in producing, 
refining or marketing oil; or
    (iii) An affiliate of such an affiliate.
    (3) Any other applicant.
    (b) Notwithstanding the order of priorities listed in paragraph (a) 
of this section, if the Secretary determines that one of the proposed 
deepwater ports will clearly best serve the national interest, he may 
approve the application for that port. In making this determination, the 
Secretary considers:
    (1) The degree to which the proposed deepwater ports affect the 
environment as determined under the review criteria set forth in 
Appendix A to this part;
    (2) Any significant differences between anticipated completion dates 
for the proposed deepwater ports; and
    (3) Any differences in costs of construction and operation of the 
proposed deepwater ports to the extent that such differential may 
significantly affect the ultimate cost of oil to the consumer.



Sec. 148.327   Termination of proceeding before approval or denial of an application.

    The Commandant terminates a proceeding if:
    (a) All applications are withdrawn before the decision approving or 
denying them is issued; or
    (b) In a proceeding with one application that does not have all of 
the information required by Subpart B of this part, the applicant after 
inquiry by the application staff does not provide adequate assurance 
that further information to make the application is forthcoming.



                    Subpart D--Issuance of a License



Sec. 148.400   Applicability.

    This subpart prescribes rules that apply to the issuance of a 
license under the Act.



Sec. 148.403   Issuance of a license.

    If an application under the Act is approved, a license is issued 
containing the following:
    (a) The name and number or identification of the port.
    (b) The name of the owner and operator of the port.
    (c) Conditions to the ownership, construction, and operation of the 
deepwater port issued under section 4(e) of the Act.



Sec. 148.405   Term of license.

    Each license is issued for a term of 20 years, unless a shorter 
period is requested in the application.



Sec. 148.407   Consultation with adjacent coastal States.

    (a) The Governor of an adjacent coastal State may consult with the 
application staff concerning license conditions that the application 
staff may have under consideration.
    (b) If the Governor of an adjacent coastal State notifies the 
Secretary that an application, which would otherwise be approved in a 
proceeding, is inconsistent with State programs relating to 
environmental protection, land and water use, or coastal zone 
management, the notification should include a description of:
    (1) The State's environmental protection, land or water use, or 
coastal zone management program with which the application is 
inconsistent and how the application is inconsistent; and
    (2) Conditions that if imposed on the license would make it 
consistent with the State program.



                       Subpart E--Site Evaluation

    Source: CGD 75-194, 41 FR 16800, Apr. 22, 1976, unless otherwise 
noted.



Sec. 148.501   Purpose.

    (a) This subpart prescribes requirements for site evaluation and 
preconstruction testing at potential deepwater port locations.
    (b) For the purpose of this subpart, ``site evaluation and 
preconstruction testing'' means all field studies performed at potential 
deepwater port locations, including:
    (1) Preliminary studies to determine site feasibility;
    (2) Detailed studies of the topographic and geologic structure of 
the ocean bottom to determine its ability to support offshore structures 
and appurtenances; and

[[Page 204]]

    (3) Studies involved with the preparation of the environmental 
analysis required under Sec. 148.109(t).



Sec. 148.503   Notice of proposed site evaluation activities.

    (a) Any person desiring to conduct site evaluation and 
preconstruction testing at potential deepwater port sites must submit a 
written notice to the Commandant (G-M), U.S. Coast Guard, Washington, DC 
20593, at least 10 days before the commencement of any activities.
    (b) The written notice of proposed site evaluations and 
preconstruction testing at potential deepwater port locations must 
include the following:
    (1) The identification of persons or agencies participating in the 
proposed activities.
    (2) The type of activities and the manner in which they will be 
conducted.
    (3) Chartlets showing the location where the proposed activities are 
to be conducted and locations of all offshore structures, including 
pipelines and cables, in or near the area of proposed activity.
    (4) The specific purpose of the activities.
    (5) The dates on which the activities will be commenced and 
completed.
    (6) Available environmental data on the environmental consequences 
of the activities.
    (7) A preliminary report, based on existing data, of the historic 
and archeological significance of the area where the proposed activities 
are to take place, including a report of each contact made with any 
appropriate State liaison officer for historic preservation.
    (c) For the activities listed below, because they are not usually 
harmful to the environment, the notice need contain only the information 
required in paragraphs (b)(1), (2), and (5) of this section, as well as 
a general indication of the proposed location and purpose of the 
activities:
    (1) Gravity and magnetometric measurements.
    (2) Bottom and sub-bottom acoustic profiling without the use of 
explosives.
    (3) Sediment sampling of a limited nature using either core or grab 
samplers if geological profiles indicate no discontinuities that may 
have archeological significance.
    (4) Water and biotic sampling, if the sampling does not adversely 
affect shellfish beds, marine mammals, or an endangered species, or if 
permitted by another Federal agency.
    (5) Meterological measurements, including the setting of 
instruments.
    (6) Hydrographic and oceanographic measurements, including the 
setting of instruments.
    (7) Small diameter core sampling to determine foundation conditions.
    (d) The Coast Guard advises and coordinates with appropriate Federal 
agencies and States concerning activities under this subpart.
    (e) If necessary, the Coast Guard requires additional information in 
individual cases.

[CGD 75-194, 41 FR 16800, Apr. 22, 1976, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 148.505   General conditions of performance.

    (a) No person may conduct activities to which this subpart applies 
except in compliance with the regulations in this subpart and all other 
applicable laws and regulations.
    (b) A separate written notice is required for each site.
    (c) Measures must be taken to prevent or minimize the effect of 
those activities that may:
    (1) Adversely affect the environment;
    (2) Interfere with authorized uses of the Outer Continental Shelf or 
navigable waters; or
    (3) Pose a threat to human health and welfare.



Sec. 148.507   Reports.

    Each person conducting site evaluation and preconstruction testing 
at potential deepwater port locations shall:
    (a) Notify the Coast Guard of any evidence of objects of cultural, 
historical, or archeological significance immediately upon their 
discovery;
    (b) Notify the Coast Guard immediately of any:
    (1) Adverse effects on the environment;
    (2) Interference with Authorized uses of the Outer Continental 
Shelf;

[[Page 205]]

    (3) Threat to human health and welfare; and
    (4) Adverse effects on any site, structure, or object of potential 
historical or archeological significance; and
    (c) Submit a preliminary written report to the Coast Guard within 30 
days after the completion of activity that contains, as reasonably 
available at that time:
    (1) A narrative description of the activities performed;
    (2) Charts, maps, or plats for the area where the activities were 
conducted and referencing the narrative description required in 
paragraph (c)(1) of this section;
    (3) The dates on which the activities were performed;
    (4) Information on any adverse effects on the environment, other 
uses of the area where the activities were conducted, human health or 
welfare, or any site, structure, or object of potential historical or 
archeological significance;
    (5) Data on the historical or archeological significance of the area 
where the activities were conducted, including the report of an 
underwater archeologist, if physical data indicate the need for such 
expertise as related to the activities undertaken; and
    (6) Any addtional information that may be required by the Coast 
Guard; and
    (d) Submit to the Coast Guard within 120 days after the completion 
of activity a final detailed report that contains all the data required 
in paragraph (c) of this section that was not included in the 
preliminary report.



Sec. 148.509   Suspension and prohibition of activities.

    (a) The Commandant may order, either in writing or orally with 
written confirmation, the immediate suspension, for a period not to 
exceed 30 days, of any site evaluation activity when, in his judgment, 
such activity threatens immediate, serious, and irreparable harm to 
human life, biota, property, cultural resources, any valuable mineral 
deposits, or the environment. During any suspension the Coast Guard will 
consult with the sponsor of the activity suspended concerning 
appropriate measures to remove the cause for suspension. A suspension 
may be rescinded at any time upon presentation of satisfactory assurance 
by the sponsor that the activity no longer adversely threatens the 
quality of the human environment.
    (b) The Commandant may prohibit those activities that:
    (1) Are suspended under paragraph (a) of this section, if the cause 
for suspension is not or cannot be removed;
    (2) Threaten immediate, serious, and irreparable harm to life, 
including biota, property, cultural resources, any valuable mineral 
deposits, or the environment;
    (3) Violate the requirements of this subpart; or
    (4) Are otherwise inconsistent with the purposes of the Act.



  Subpart F--Procedure for Exemption From Any Requirement in Deepwater 
                            Port Regulations



Sec. 148.601   Applicability.

    This subpart sets forth the procedures governing exemptions from any 
requirement in this part 148, parts 149 and 150.



Sec. 148.603   Petition for exemption.

    (a) Any person required to comply with any specific requirements in 
Part 148, Parts 149 and 150 may submit a petition to the Commandant for 
an exemption.
    (b) A petition for exemption must be submitted in writing. It may be 
in any form, but it must be specific and it must contain all data 
necessary to evaluate its merits.



Sec. 148.605   Coordination with states.

    A petition for exemption under this subchapter that appears to 
involve the interests of an adjacent coastal State will be referred to 
the Governor of that State for consideration and recommendation.



Sec. 148.607   Exemption criteria.

    The Commandant grants an exemption if he determines that:
    (a) Compliance with the regulations would be contrary to the public 
interest;

[[Page 206]]

    (b) Compliance would not enhance safety or the environment;
    (c) Compliance is not practical because of local conditions or 
because the materials or personnel needed for compliance are 
unavailable;
    (d) National defense or national economy justify a departure from 
the rules; or
    (e) The alternative proposed in the petition would:
    (1) Ensure comparable or greater safety; environmental protection; 
and quality of construction, maintenance and operation of a deepwater 
port; and
    (2) Would be consistent with recognized principles of international 
law.



                     Subpart G--Limits of Liability

    Source: CGD 97-023, 62 FR 33363, June 19, 1997, unless otherwise 
noted.



Sec. 148.701  Purpose.

    This subpart sets forth the limits of liability for U.S. deepwater 
ports in accordance with section 1004 of the Oil Pollution Act of 1990 
(33 U.S.C. 2704).



Sec. 148.703  Limits of liability.

    (a) The limits of liability for U.S. deepwater ports will be 
established by the Secretary of Transportation on a port-by-port basis, 
after review of the maximum credible spill and associated costs for 
which the port would be liable. The limit for a deepwater port will not 
be less than $50 million or more than $350 million.
    (1) The limit of liability for the LOOP deepwater port licensed and 
operated by Louisiana Offshore Oil Port, Inc., is $62,000,000.
    (2) [Reserved]
    (b) [Reserved]

  Appendix A to Part 148--Environmental Review Criteria for Deepwater 
                                  Ports

    I. Authority. The Deepwater Port Act of 1974, Pub. L. 93-627 (33 USC 
1501 et seq.), authorizes the Secretary of Transportation to issue, 
transfer, amend, or renew a license for the ownership, construction, and 
operation of a deepwater port. Section 6 of the Act requires the 
Secretary to establish environmental review criteria which shall be used 
to evaluate a deepwater port as proposed in an application for a 
license. By amendment of Part 1 of Title 49, Code of Federal Regulations 
(49 CFR 1.46(t)), dated April 25, 1975, the Secretary delegated to the 
Commandant of the Coast Guard the responsibility to establish such 
criteria (40 FR 20088-20089). (49 CFR 1.46(t) is presently redesignated 
as 49 CFR 1.46(s) (40 FR 43901-43906)).
    Section 6 of the Act reads as follows:
    Sec. 6. (a) The Secretary, in accordance with the recommendations of 
the Administrator of the Environmental Protection Agency and the 
Administrator of the National Oceanic and Atmospheric Administration and 
after consultation with any other Federal departments and agencies 
having jurisdiction over any aspect of the construction or operation of 
a deepwater port, shall establish, as soon as practicable after the date 
of enactment of this Act, environmental review criteria consistent with 
the National Environmental Policy Act. Such criteria shall be used to 
evaluate a deepwater port as proposed in an application, including:
    (1) the effect on the marine environment;
    (2) the effect on oceanographic currents and wave patterns;
    (3) the effect on alternate uses of the oceans and navigable waters, 
such as scientific study, fishing, and exploitation of other living and 
nonliving resources;
    (4) the potential dangers to a deepwater port from waves, winds, 
weather, and geological conditions, and the steps which can be taken to 
protect against or minimize such dangers;
    (5) effects of land-based developments related to deepwater port 
development;
    (6) the effect on human health and welfare; and
    (7) such other considerations as the Secretary deems necessary or 
appropriate.
    (b) The Secretary shall periodically review and, whenever necessary, 
revise in the same manner as originally developed, criteria established 
pursuant to subsection (a) of this section.
    (c) Criteria established pursuant to this section shall be developed 
concurrently with the regulations in section 5(a) of this Act and in 
accordance with the provisions of that subsection.
    II. Purpose. A. Environmental review criteria shall be used to 
evaluate a deepwater port as proposed in an application for a license to 
own, construct and operate a deepwater port. The criteria shall be 
consistent with the National Environmental Policy Act, Pub. L. 91-190 
(42 USC 4321 et seq.), which declares a national environmental policy. 
The Secretary of Transportation may issue a license in accordance with 
the provisions of the Act if, among other things, he determines:
    --that the construction and operation of the deepwater port will be 
in the national interest and consistent with national security

[[Page 207]]

and other national policy goals and objectives, including energy 
sufficiency and environmental quality; and
    --in accordance with the environmental review criteria established 
pursuant to section 6 of the Act, that the applicant has demonstrated 
that the deepwater port will be constructed and operated using the best 
available technology to prevent or minimize adverse impact on the 
environment. (Sections 4(c)(3) & (5) of the Act.)
    These criteria are therefore intended to be used to evaluate the 
environmental soundness of a proposed deepwater port and to serve as 
basic guidelines for determining what environmental impacts could result 
from deepwater port development and the procedures and technology which 
can be used to prevent or minimize adverse impacts.
    B. In accordance with section 5(f) of the Act, these criteria shall 
also be considered in the preparation of a single, detailed 
environmental impact statement for all timely applications covering a 
single application area. Additionally, section 5(i)(3) of the Act 
specifies that, in the event more than one application is submitted for 
an application area, the criteria shall be used, among other factors, in 
determining whether any one proposed deepwater port clearly best serves 
the national interest.
    III. Environmental review criteria. The environmental review of a 
proposed deepwater port consists of two parts. The first part involves 
assessment of the probable negative and positive environmental impacts 
which will result from construction and operation of the port. The 
second part appriases the effort made by the applicant to prevent or 
minimize adverse environmental effects. Guidelines for such an effort 
are set forth and will be closely considered in the review.
    The overall intent of this review is to arrive at a comprehensive 
evaluation of the significance of the discrete and cumulative 
environmental impacts, adverse and beneficial, of the project as 
proposed and to determine whether or not the applicant has demonstrated 
that the deepwater port will be constructed and operated using the best 
available technology, so as to prevent or minimize adverse impact on the 
marine environment.
    A. The proposed deepwater port will be evaluated to assess the 
magnitude and importance of its probable negative and positive 
environmental impacts. This review will include comparison with 
reasonable alternative actions, such as: the no-action case (alternative 
transportation schemes for imported oil); alternative sites, designs, 
and systems; and other deepwater ports. The information necessary for 
such an evaluation will be provided by the Federal Environmental Impact 
Statement and other sources as necessary. A picture of the relative net 
environmental impact of the proposed project should be obtained. Also, 
identification of actions which might be taken with respect to 
procedures and technology to prevent or minimize probable adverse 
effects will be made. The following are the primary areas of concern:
    1. The Effect on the Marine Environment:
    (Note: The term ``marine environment'' includes the navigable waters 
(including the lands therein and thereunder) and the adjacent shorelines 
(including the waters therein and thereunder); transitional and 
intertidal areas, bays, lagoons, salt marshes, estuaries, beaches, 
waters of the contiguous zone, waters of the high seas; the fish, 
wildlife and other living resources thereof; and the recreational and 
scenic values of such lands, waters and resources.)
    a. The potential effects of surface and bottom disturbances and 
increased turbidity both directly on ecological habitats and on the life 
stages of biological populations and indirectly on such habitats and 
populations through modifications of the physical, geological, and/or 
chemical environment.
    b. The potential effects of pollutants, especially oil, on 
ecological habitats and the life stages of biota.
    c. The potential effects on threatened or endangered species and on 
ecosystems.
    2. The Effect on Oceanographic Currents and Wave Patterns:
    a. The potential primary effects of construction and operation on,
    i. surface, midwater and bottom currents,
    ii. waves,
    iii. tides and tidal currents, especially in constricted coastal 
areas and estuaries,
    iv. ice;
    b. The potential secondary impacts of changes to current and wave 
patterns on sand and sediment transport, turbidity, beach processes, 
salinity and sedimentation rates resulting from changes to current, wave 
and tide patterns; and, the resulting impacts on biological systems, on 
shorelines and beaches, and on their alternate uses.
    3. The Effects on Alternate Uses of the Oceans and Navigable Waters:
    a. Scientific study;
    b. Fishing (commercial and recreational);
    c. Exploitation of other living and non-living resources;
    d. Sanctuary maintenance;
    e. Recreation;
    f. Approved costal zone management plans;
    g. Power generation;
    h. Transportation;
    i. Other commercial, industrial or public uses and the national 
defense.
    4. The Potential Environmental Dangers to a Deepwater Port;
    a. From waves, winds, weather, and geological conditions;
    b. The steps which can be taken to minimize such dangers with 
respect to,
    i. siting,

[[Page 208]]

    ii. design,
    iii. construction,
    iv. operations and procedures.
    5. The Effects of Land-Based Developments Related to Deepwater Port 
Development on:
    a. Stream and river flow, ground and surface water quality and 
supplies;
    b. Marine water quality;
    c. Air quality;
    d. Alternate land and water uses,
    i. wetlands,
    ii. habitats,
    iii. nurseries,
    iv. recreation,
    v. wilderness, preserves, and wild and scenic rivers,
    vi. existing and proposed sanctuaries,
    vii. historical and cultural areas,
    viii. open and green space,
    ix. agricultural and grazing,
    x. residential and commercial,
    xi. industrial,
    xii. transportation,
    xiii. power generation and transmission,
    xiv. others.
    6. The Effect on Human Health and Welfare:
    a. Health:
    i. the physiological effects of reduced or altered air and water 
quality or supply, of altered or increased noise levels or quality, of 
altered community density, etc., and the psychological effects of the 
above;
    ii. the risk of human safety and life posed by a proposed project.
    b. Welfare--the ultimate effects of dynamic economic and social 
change inflicted directly or induced upon the relevant communities, 
including but not limited to the projected changes in employment, 
population density, housing and public services, and tax base.
    B. In this second part, the proposed project will be appraised for 
the effort made to prevent or minimize the probable adverse impacts on 
the environment. This appraisal is primarily concerned with the project 
as proposed and alternatives are relevant only insofar as they may 
represent a spectrum of possible actions against which the proposal will 
be judged. Areas of concern are: siting, design, construction, and 
operation; and, land use and coastal zone management. Specifically, the 
review will consider the degree of adherence to the following 
guidelines.
    1. Siting--A proposed deepwater port should be sited in an optimum 
location in order to prevent or minimize possibly detrimental 
environmental effects. For example:
    a. The deepwater port and all its components, including receiving 
terminals, inline transportation facilities and stations, ancillary and 
service facilities, and pipeline, should occupy the minimum space 
necessary for safe and efficient operation and should be located, as 
much as possible, in areas in which permanent alteration of wetlands is 
not necessary. Buffer zones should be provided to separate onshore 
facilities from incompatible adjacent land uses.
    b. The deepwater port facility and its offshore components should be 
located in areas which have stable sea-bottom characteristics and, its 
onshore components should be located in areas in which a stable 
foundation can be developed and flood protection levees, if appropriate, 
can be constructed.
    c. The deepwater port facility should be located in an area where 
existing offshore structures and activities will not interfere with its 
safe operation, and where the facility or navigation to and from that 
facility, will not interfere with the safe operation of existing 
offshore structures. Water depths and currents in and around the 
deepwater port and its approaches should pose no undue hazard to safe 
navigation. Extensive dredging or removal of natural obstacles such as 
reefs, should be avoided. The siting procedure should select an area 
where projected weather, wave conditions, and seismic activity minimize 
the probability that damage will occur to the deepwater port, tankers, 
pipeline, and component shoreside facilities from storms, earthquakes, 
or other natural hazards.
    d. Selection of sites should maximize the permitted use of existing 
work areas, facilities and access routes for construction and operations 
activities. Where temporary work areas, facilities, or access routes 
must be used, they should be to the fullest extent possible, designed 
and constructed in such a manner to permit restoration to the 
preconstruction environmental conditions or better.
    e. The deepwater port facility, navigational fairway(s) and 
pipelines should be sited where the interactions of facilities' 
requirements and natural environment are optimized to prevent adverse 
impacts or to produce minimal, acceptably low adverse effects. Key 
factors in assessments should include (but not necessarily be limited 
to) projected winds, waves, current, spill size and frequency, cleanup 
capability, shoreline/estuarine/bay sensitivity; biological resources, 
damage potential and recovery rate; facility design; and project 
economics.
    f. The deepwater port, pipeline, and attendant facilities should be 
located as far as practicable from the vicinity of critical habitats for 
biota, including but not limited to commercial and sports fisheries and 
threatened and endangered species.
    g. Sites should reflect negligible displacement of existing or 
potentially important uses such as the following:
    i. fisheries,
    ii. recreation,
    iii. mining,
    iv. oil and gas production,
    v. transportation.

[[Page 209]]

    h. Siting should favor areas already allocated for similar use and 
the implications of density of such uses.
    i. port facilities--existing tanker and barge traffic--existing 
ports which can be used for service vessels.
    ii. pipelines--use of existing corridors.
    iii. secondary facilities--use of (or expansion of) existing 
storage, refinery, and other support facilities.
    iv. construction facilities--use of existing equipment and personnel 
staging yards.
    i. The deepwater port, pipelines and other offshore facilities 
should be sited so as to not permanently interfere with the natural 
littoral process or to alter significantly any tidal pass or other part 
of the physical environment important to natural currents and wave 
patterns.
    j. Pipelines, or other deepwater port components or facilities 
requiring dredging, should not be located where sediments with high 
levels of heavy metals, biocides, oil, or other pollutants or hazardous 
materials exist.
    2. Design, Construction and Operation-- Selection of design and 
procedures for construction and operation of a deepwater port must 
reflect use of best available technology. For example:
    a. All oil transfer, transportation, and storage facilities, systems 
and equipment should include appropriate safeguards and backup systems 
and/or be operated under procedures to minimize both the possibility of 
pollution incidents resulting from personnel and equipment failures, 
natural calamities and casualties, such as tanker collisions or 
groundings, and the adverse effects of those pollution incidents which 
occur. These facilities, systems, and equipment, should be designed to 
permit safe operation, including appropriate safety margins, under 
maximum operating loads and the most adverse operating conditions to 
which each may be subjected.
    b. All facilities should be provided with a safe, environmentally 
sound method for the collection, storage, and disposal of solid and 
liquid wastes generated by such facilities. When prescribed by law or 
regulation, the deepwater port may be required to be fitted with 
additional facilities for the collection and treatment of ship-generated 
liquid and solid wastes, such as oily bilge and oily ballast water, tank 
cleaning residues, sludge wastes, and sewage and garbage.
    c. The proposed project should be designed, constructed and operated 
so as not to interfere permanently with natural littoral processes or 
other significant aspects of currents and wave patterns. Additionally, 
harmful erosion or accretion, both onshore and offshore, should be 
prevented. Groundwater drawdown or saltwater intrusion should not be 
permitted. Moreover, mixing of salt, brackish, and fresh waters should 
be minimized. Designs should not include factors which will disrupt 
natural sheetflow, water flow, and drainage patterns or systems.
    d. The proposed project should not interfere with biotic 
populations. Potential effects on breeding habitats or migration routes 
should receive particular attention.
    e. The proposed project should be designed, constructed and operated 
so as to make maximum feasible use of already existing local facilities 
such as roads, pipelines, docking facilities and communications 
facilities.
    f. Disposal of spoil and refuse material should be effected only at 
disposal sites specifically selected and approved by competent 
authorities. Whenever and wherever possible, the proposal should provide 
for resource recovery, reclamation of affected areas, or enhancing uses 
of spoil and waste.
    g. Personnel trained in oil spill prevention should be present at 
critical points at the deepwater port (as identified in the accident 
analysis). Personnel should also be trained in oil spill control to 
mitigate the effects of any spill which may occur.
    3. Land Use and Coastal Zone Management--A deepwater port should not 
conflict with existing or planned land use including management of the 
coastal region. A measure of whether or not conflict exists will be made 
by the following means:
    a. The proposed project should adhere closely to approved master 
plans or other plans of competent local or State authorities in 
designated adjacent coastal States or in other States where significant 
effects are likely to occur. A minimum of special exceptions or zoning 
variances should be required. Non-conforming uses should not be 
prolonged where reasonable alternatives are available.
    b. The proposed project should conform with approved or planned 
coastal zone management programs of the relevant adjacent coastal 
States.
    c. The proposed use of floodplains should not entail loss of 
wetlands nor should such use pose an undue risk of exposure of that use 
to flood damage, increase the potential need for Federal expenditures 
for flood protection or flood disaster relief, decrease the unique 
public value of the floodplain as an environmental resource, or provide 
an incentive for other uses of the floodplains having similar ultimate 
results.
    (d) The use of or effect on wetlands should be considered in the 
following manner,
    i. uses permanently altering or adversely affecting wetlands are to 
be avoided, or
    ii. positive action must be taken to minimize adverse effects on 
wetlands.

                                 annex a

    1. The following environmental criteria are expressly referred to in 
the Deepwater Port Act of 1974:

[[Page 210]]

    a. Compliance with the Clean Air Act (4(c)(6)).
    b. Compliance with the Federal Water Pollution Control Act 
(4(c)(6)).
    c. Compliance with the Marine Protection, Research and Sanctuaries 
Act (4(c)(6)).
    d. Effect on the marine environment (6(a)(1)).
    e. Effect on oceanographic currents and wave patterns (6(a)(2)).
    f. Effect on alternate uses of the oceans and navigable water, such 
as scientific study, fishing, and exploitation of other living and 
nonliving resources (6(a)(3)).
    g. The potential dangers to a deepwater port from waves, wind, 
weather and geological conditions, and the steps which can be taken to 
protect against or minimize such dangers (6(a)(4)).
    h. Effects of land-based developments related to deepwater port 
development (6(a)(5)).
    i. Effect on human health and welfare (6(a)(6)).
    j. Consistency with adjacent coastal States' programs relating to 
environmental protection, land and water use, and coastal zone 
management (9(b)).
    k. Development of an approved coastal zone management program 
pursuant to the Coastal Zone Management Act of 1972 in the area to be 
directly and primarily impacted by deepwater port land and water 
development in the coastal zone of that State directly connected by 
pipeline to the proposed deepwater port (9(c)).
    l. Pursuant to section 102(c)(2) of the National Environmental 
Policy Act, prepare a single, detailed environmental impact statement 
for each application area (5(f)).

[CGD 75-002, 40 FR 52553, Nov. 10, 1975; 40 FR 58143, Dec. 15, 1975]



PART 149--DESIGN, CONSTRUCTION, AND EQUIPMENT--Table of Contents




                           Subpart A--General

Sec.
149.101  Purpose.
149.105  Licensee.

                Subpart B--Design and Equipment; General

149.201  Applicability.
149.203  Engineering drawings and specifications.
149.205  Design standards.
149.206  Construction.
149.209  SPM's.
149.211  Emergency equipment.
149.213  Helicopter fueling facilities.
149.215  Interference with helicopter operations.
149.217  First aid station.

                Subpart C--Pollution Prevention Equipment

149.301  Applicability.
149.303  Overflow and relief valve.
149.305  Pipeline end manifold (PLEM) shutoff valve.
149.307  Blank flange and shutoff valve.
149.309  Manually operated shutoff valve.
149.311  Malfunction detection system.
149.313  Oil transfer system alarm.
149.315  Marking of oil transfer system alarm.
149.317  Communications equipment.
149.319  Discharge containment and removal material, and equipment.
149.321  Special requirement for onloading ports.

                       Subpart D--Safety Equipment

149.401  Applicability.
149.402  Equipment not required on a PPC.

                 Curbs, Gutters, Drains, and Reservoirs

149.403  Curbs, gutters, drains, and reservoirs.

                             Emergency Power

149.411  Emergency power.

                             Means of Escape

149.421  Means of escape from platform.
149.423  Means of escape from helicopter landing pad.

                           Personnel Landings

149.431  Personnel landings.
149.433  Personnel landing illumination.

                 Guardrails, Fences, Nets, and Toeboards

149.441  Open sided deck, deck opening, catwalk, and helicopter pad 
          protection.

                    Fixed Fire Main System for Water

149.451  Fixed fire main system for water.
149.453  Fire pumps.
149.455  Fire pump location.
149.457  Fire hydrants.
149.459  Fire hydrant outlet.
149.461  Fire hydrant and control valve shutoff valve.
149.463  Fire hydrant access.
149.465  Spanner.
149.467  Fire hose rack.
149.469  Fire hose size.
149.471  Fire hose coupling.
149.473  Fire hose nozzle.
149.477  Spray applicator.
149.479  International shore connection.

                    Other Fire Extinguishing Systems

149.481  Other fire extinguishing systems.
149.483  Fire fighting system for helicopter pads.

[[Page 211]]

                    Fire Detection and Alarm Systems

149.491  Fire detection and alarm systems.

            Portable and Semiportable Fire Fighting Equipment

149.501  Portable and semiportable fire extinguishers.
149.503  Location of extinguishers.
149.505  Spare charges.
149.507  Marking.
149.511  Landing areas with no fueling facility.
149.513  Landing area with a fueling facility.
149.515  Fire axes.
149.517  Fireman's outfits.

                          Lifesaving Equipment

149.521  Lifeboats and inflatable life rafts: general.
149.522  Lifeboats.
149.523  Inflatable life rafts.
149.524  Launching equipment for lifeboats.
149.525  Launching equipment for inflatable life rafts.
149.526  Approved ring life buoys (Type IV personal flotation devices).
149.527  Portable radio apparatus.
149.529  Type I personal flotation devices (PFD's).
149.533  Litters.
149.535  Markings on lifeboats, life rafts, paddles, and oars.
149.537  Markings for personal flotation devices (PFD's).

                              Miscellaneous

149.539  Portable lights.
149.541  General alarm system.
149.543  Marking of general alarm system.
149.545  Public address system.

            Subpart E--Aids to Navigation at Deepwater Ports

                                 General

149.701  Applicability.
149.703  Effective intensity: Definition.
149.705  Applicability of other regulations.
149.707  Applications for aids to navigation.

                        Specifications For Lights

149.721  Light source.
149.723  Intensity.
149.724  Focus.
149.725  Color.
149.727  Chromaticity.
149.729  Display of information.

                           Obstruction Lights

149.751  Number and location on a platform and SPM.
149.753  Number and location on a floating hose string.
149.755  Characteristics.
149.757  Intensity.
149.759  Leveling.

                                  Buoys

149.771  Number and location.
149.773  Characteristics.
149.775  Intensity of lights.

                              Miscellaneous

149.791  Identification of a platform and SPM.
149.793  Markings for piles and pile clusters.
149.795  Radar beacon.
149.797  Rotating lighted beacon.
149.799  Fog signal.

    Authority: 33 U.S.C. 1504; 49 CFR 1.46.

    Source: CGD 75-002, 40 FR 52565, Nov. 10, 1975, unless otherwise 
noted.



                           Subpart A--General



Sec. 149.101   Purpose.

    This part describes design, construction, and equipment requirements 
for each deepwater port.



Sec. 149.105   Licensee.

    The licensee of a deepwater port shall ensure that the port meets 
the design and construction requirements in this part.



                Subpart B--Design and Equipment; General



Sec. 149.201   Applicability.

    This subpart prescribes requirements for design and equipment that 
apply to each deepwater port.



Sec. 149.203   Enginering drawings and specifications.

    (a) The licensee of a deepwater port must submit to the Commandant 
(G-M) three copies of each construction drawing and specification 
necessary to show compliance with the requirements of the Act and the 
regulations in this subchapter, a list of all drawings, and each 
revision to a construction drawing and specification of each:
    (1) Fixed marine component; and
    (2) Floating marine component.
    (b) Each construction drawing and specification, and each revision 
required to be submitted by paragraph (a) of this section must bear the 
seal, or a facsimile imprint of the seal of the

[[Page 212]]

registered professional engineer responsible for the accuracy and 
adequacy thereof.
    (c) The Coast Guard reviews and evaluates construction drawings and 
specifications to ensure compliance with the Act and Subchapter NN. The 
licensee of a deepwater port may not begin construction, or installation 
of prefabricated components, until the applicable drawings and 
specifications are approved by the Commandant (G-M). The Coast Guard 
makes periodic inspections at the construction site and at component 
construction sites to ensure compliance with approved drawings and 
specifications. As used in this paragraph, the term ``approved'' means 
that each drawing or specification meets the requirements of the Act and 
the regulations in this subchapter.
    (d) When construction or installation of each component is complete, 
the licensee of a deepwater port must submit two complete sets of record 
drawings and specifications on 105 mm negatives to the Commandant (G-M). 
Each negative must be:
    (1) Placed in a separate envelope, and
    (2) Identified and indexed.

[CGD 75-002, 40 FR 52565, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 149.205   Design standards.

    (a) Each fixed marine and floating component of a deepwater port, 
except hoses, mooring lines, and aids to navigation buoys, must be 
designed to withstand at least the combined wind, wave, and current 
forces of the most severe storm that can be expected to occur in any 
period of 100 years at the port.

    Note: ``Recommended Procedure for Developing Deepwater Ports Design 
Criteria'' describes a method to prepare the wind, wave, and current 
criteria for use in determining the forces of the storm described by 
this paragraph. This guide may be obtained from the Commandant (G-M).

    (b) Each platform must be designed in accordance with the American 
Petroleum Institute ``Recommended Practice for Planning, Designing, and 
Constructing Fixed Offshore Platforms'' (API RP 2A), and the codes and 
standards in API RP 2A, to the extent that the recommended practice, 
codes, and standards are consistent with this subchapter.
    (c) Each electrical installation on a platform must be designed, to 
the extent practicable, in accordance with 46 CFR 110-113.
    (d) Each boiler and pressure vessel on a platform must be designed 
in accordance with Sections I, IV, and VIII of the American Society of 
Mechanical Engineers ``ASME Boiler and Pressure Vessel Code'' to the 
extent that the code is consistent with this subchapter.
    (e) Main oil transfer piping on a platform must be designed in 
accordance with the American National Standards Institute (ANSI B 31.4) 
Liquid Petroleum Transportation Piping Systems.

[CGD 75-002, 40 FR 52565, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 149.206   Construction.

    (a) The following walls or decks on a platform must meet the 
requirements in 46 CFR 92.07-5(b) for ``A'' class bulkheads, except that 
each wall or deck must be made of steel:
    (1) Each wall or deck that separates a galley, a paint and lamp 
locker, a space housing emergency power generating equipment, or a 
machinery space from any other space.
    (2) Each wall or deck of an interior stairway connecting enclosed 
spaces on three or more decks.
    (3) Each wall or deck of an elevator shaft, of a dumbwaiter shaft, 
and of any other shaft connecting two or more enclosed spaces.
    (b) The following walls or decks on a platform must meet the 
requirements in 46 CFR 92.07-5 (b) or (c) for ``A'' or ``B'' class 
bulkheads:
    (1) Each corridor wall or deck of a personal accommodation space.
    (2) Each wall or deck of a stairway that connects two decks or each 
wall or deck of a structure enclosing an opening to the stairway.
    (c) A platform wall or deck that is not described in paragraph (a) 
or (b) of this section must meet the requirements in 46 CFR 92.07-5 (b), 
(c), or (d) for ``A'', ``B'', or ``C'' class bulkheads.
    (d) Each deck and stairway on a platform must be made of steel and 
may have a deck covering.

[[Page 213]]

    (e) A space that is described in paragraphs (a)(2) or (a)(3) of this 
section must be enclosed by walls and decks.
    (f) Each interior stairway that connects two enclosed spaces on a 
platform must be enclosed by walls and decks or an opening to the 
stairway must be enclosed by a structure.
    (g) Each interior stairway that connects three or more decks on a 
platform must have access to each deck.
    (h) Each opening in a wall or deck on a platform must have a closure 
that meets the requirements in this section for the wall or deck. Each 
door must:
    (1) Be a self-closing type;
    (2) Not have holdback hooks or other means of permanently holding 
the door open, except for magnetic holdbacks operated from a suitable 
remote control position; and
    (3) Not have a louver or other opening, except that a door to a 
sleeping space may have a louver in the lower half of the door.
    (i) Internal deck coverings, except those in washrooms and toilet 
spaces, must be of a type approved under 46 CFR Subpart 164.006. 
Overlays for leveling or finishing purposes which do not meet the 
requirements in 46 CFR Subpart 164.006 may be used in thicknesses not 
exceeding \3/8\ of an inch.
    (j) Each ceiling, sheathing, furring, and insulation on a platform, 
must be a noncombustible material of a type that is approved under 46 
CFR 164.009.
    (k) The interior finish on each wall and ceiling in a corridor or 
hidden space on a platform must be a type that is approved under 46 CFR 
164.012. Walls within a room may have a combustible veneer not to exceed 
\2/28\ inches in thickness.
    (l) Nitrocellulose or other highly flammable or noxious fume-
producing paints or lacquers may not be used.



Sec. 149.209   SPM's.

    Each SPM must meet the ``Rules for Building and Classing Single 
Point Moorings 1975'' of the American Bureau of Shipping, to the extent 
that these Rules are consistent with this subchapter.



Sec. 149.211   Emergency equipment.

    Each platform must have installed mountings for each item of:
    (a) Lifesaving equipment; and
    (b) Portable and semiportable fire fighting equipment.



Sec. 149.213   Helicopter fueling facilities.

    Helicopter fueling facilities must comply with the requirements of 
the National Fire Protection Association, National Fire Code No. 407, 
Part VI ``Fueling on Elevated Heliports''. For the purpose of this 
section, ``ground level'' as used in the National Fire Code means 
``below the lowest platform working level''.



Sec. 149.215   Interference with helicopter operations.

    Aids to navigation, communication, or radar equipment must be 
installed so as not to interfere with helicopter operations.



Sec. 149.217   First aid station.

    Each PPC must have a first aid station that has an adjoining space 
for two beds.



                Subpart C--Pollution Prevention Equipment



Sec. 149.301   Applicability.

    This subpart prescribes requirements for pollution equipment that 
apply to each deepwater port.



Sec. 149.303   Overflow and relief valve.

    (a) Each oil transfer system must include a relief valve, that, when 
activated, prevents pressure on any components of the OTS from exceeding 
maximum rated pressure.
    (b) No oil transfer system overflow or relief valve may be installed 
so as to allow an oil discharge into the sea.



Sec. 149.305   Pipeline end manifold (PLEM) shutoff valve.

    (a) Each pipeline end manifold (PLEM) at a single point mooring must 
have a shutoff valve.
    (b) Each shutoff valve required by this section must be capable of 
operation from the Cargo Transfer Supervisor's normal place of duty.
    (c) Each shutoff valve required by this section must be capable of 
manual operation.

[[Page 214]]



Sec. 149.307   Blank flange and shutoff valve.

    Each floating hose string must have a blank flange and a shutoff 
valve at the vessel manifold end.



Sec. 149.309   Manually operated shutoff valve.

    Each oil transfer line passing through the SPM buoy must have a 
manual shutoff valve on the buoy.



Sec. 149.311   Malfunction detection system.

    Each oil transfer system must have a system that can:
    (a) Detect and locate all leaks and other malfunctions, between the 
PPC and the shore; and
    (b) Be monitored at the Cargo Transfer Supervisor's normal place of 
duty.



Sec. 149.313   Oil transfer system alarm.

    Each oil transfer system must have an alarm system to signal a 
malfunction or failure of the system that is--
    (a) Capable of being activated at the Cargo Transfer Supervisor's 
normal place of duty;
    (b) Audible in all parts of the PPC except in areas of high ambient 
noise levels where hearing protection is required under Sec. 150.509(d) 
of this subchapter;
    (c) Visible in areas of the PPC where hearing protection is required 
under Sec. 150.509(d) of this subchapter by use of a high intensity 
flashing light; and
    (d) Distinguishable from the general alarm.



Sec. 149.315   Marking of oil transfer system alarm.

    (a) Each oil transfer alarm switch must be identified by the words 
``OIL TRANSFER ALARM'' in red letters at least one inch high on a yellow 
background.
    (b) Each audio and each visual oil transfer alarm signalling device 
under Sec. 149.313 must have a sign with the words ``OIL TRANSFER 
ALARM'' in red letters at least one inch high on a yellow background.



Sec. 149.317   Communications equipment.

    (a) Each deepwater port must have:
    (1) A means that enables two-way voice communication among:
    (i) The Cargo Transfer Supervisor;
    (ii) The vessel's officer in charge of cargo transfer;
    (iii) The Cargo Transfer Assistant;
    (iv) The Port Superintendent;
    (v) The master or person in charge of service craft operating at the 
deepwater port; and
    (vi) The person in charge on the PPC;
    (2) A means, which may be the communications system itself, that 
enables each of the persons listed in paragraph (a)(1) of this section 
to indicate his desire to communicate with another of those persons; and
    (3) Communications equipment and facilities that must meet the 
requirements of 47 CFR 81 and 83.*
---------------------------------------------------------------------------

    *Editorial Note: At 51 FR 31213, Sept. 2, 1986, 47 CFR 81 and 83 
were removed.
---------------------------------------------------------------------------

    (b) Each portable means of communication used to meet the 
requirements of this section must be:
    (1) Certified under 46 CFR 111.80-5 to be operated in a Group D, 
Class 1, Division 1, Atmosphere; and
    (2) Permanently marked with the certification required in paragraph 
(b)(1) of this section.



Sec. 149.319   Discharge containment and removal material, and equipment.

    (a) Each deepwater port must have stored, on the pumping platform or 
a service craft operating at the deepwater port, oil discharge 
containment and removal material and equipment that, to the extent best 
available technology allows, can contain and remove an oil discharge of 
at least 10,000 U.S. gallons for offload-only ports, or 40,000 U.S. 
gallons for ports where onloading operations are permitted pursuant to 
section 4(a)(3) of the Act.
    (b) Each deepwater port must have readily accessible additional 
containment and removal material and equipment for containing and 
removing oil discharges larger than those specified in paragraph (a) of 
this section. For the purpose of this paragraph, access may be by direct 
ownership, joint ownership, cooperative venture, or contractual 
agreement.
    (c) The type of discharge containment and removal material and 
equipment that best meets the requirements

[[Page 215]]

of paragraphs (a) and (b) of this section must be determined on the 
basis of:
    (1) Oil handling rates of the deepwater port;
    (2) Volume of oil susceptible to being spilled;
    (3) Frequency of oil transfer operations at the deepwater port;
    (4) Prevailing wind and sea state condition at the deepwater port;
    (5) Age, capability, arrangement of, and the licensee's experience 
with the oil transfer system equipment at the deepwater port; and
    (6) Whether the discharge containment and removal material and 
equipment is shared, and the expected frequency of use and probability 
of availability.



Sec. 149.321   Special requirement for onloading ports.

    Each deepwater port at which onloading operations are permitted, 
under section 4(a)(3) of the Act, must have a means for receiving oily 
residues from vessels.



                       Subpart D--Safety Equipment



Sec. 149.401   Applicability.

    This subpart prescribes requirements for safety equipment that apply 
to each deepwater port.



Sec. 149.402   Equipment not required on a PPC.

    Each item of lifesaving and fire fighting equipment on a PPC that is 
not required by this subpart must be approved under 46 CFR Part 160 or 
Part 162.

                 Curbs, Gutters, Drains, and Reservoirs



Sec. 149.403   Curbs, gutters, drains, and reservoirs.

    Each platform must have enough curbs, gutters, drains, and 
reservoirs to collect all of the following discharges and wastes in the 
reservoirs:
    (a) All discharges from equipment, maintenance shops, and refueling 
facilities.
    (b) All laboratory, sanitary, galley, and deck cleansing wastes, and 
similar wastes. Sanitary waste includes the waste from baths, showers, 
sinks, wash bowls, laundry, toilets and urinals.

                             Emergency Power



Sec. 149.411   Emergency power.

    (a) Each PPC must have emergency power equipment to provide power to 
operate all of the following simultaneously for a continuous period of 
eight hours:
    (1) Emergency lighting circuits.
    (2) Aids to navigation equipment.
    (3) Communications equipment.
    (4) Radar equipment.
    (5) Alarm systems.
    (6) Electrically operated fire pumps.
    (7) Other electrical equipment designated in the Operations Manual 
by the licensee.
    (b) No emergency power generating equipment may be located in any 
enclosed space on a platform that contains oil transfer pumping 
equipment or other power generating equipment.

                             Means of Escape



Sec. 149.421   Means of escape from platform.

    (a) Each platform must have at least one fixed and one unfixed means 
of escape from the highest working level to the water level with an 
entry at each working level.
    (b) Each platform with living spaces must have at least two fixed 
means of escape from the highest level with living spaces to the water 
with an entry at each level below. If the highest level of the PPC 
contains living spaces, the two fixed means of escape required by this 
paragraph satisfy the requirements in paragraph (a) of this section.
    (c) Each platform must have at least one fixed or unfixed means of 
escape for every ten persons on board the platform, including the means 
of escape required under paragraphs (a) and (b) of this section.
    (d) When two or more fixed means of escape are installed, at least 
two must be as far from each other as practicable.
    (e) Each fixed means of escape required under this section must be a 
steel ladder or steel stairway.
    (f) Each unfixed means of escape required under this section must 
be:
    (1) A portable ladder;

[[Page 216]]

    (2) A flexible ladder; or
    (3) A knotted man rope.
    (g) Two exits must be provided from each space having over 300 
square feet of floor area. Where practicable, the exits must give egress 
to different corridors, rooms, or spaces.
    (h) Exits must provide egress to the external means of escape 
required in this section. Dead end corridors may not be longer than 40 
feet.



Sec. 149.423   Means of escape from helicopter landing pad.

    Each helicopter landing pad on the PPC must have at least two fixed 
means of escape that are independent of those required by Sec. 149.421:
    (a) From the pad to the first working level below the pad or the 
water; and
    (b) As far from each other as practicable.

                           Personnel Landings



Sec. 149.431   Personnel landings.

    Each PPC must have at least two personnel landings for access to the 
platform from the water unless:
    (a) Personnel landings are not possible because of the PPC design; 
and
    (b) The PPC has a personnel basket transfer system.



Sec. 149.433   Personnel landing illumination.

    Each personnel landing must have at least 1 foot-candle of 
artificial illumination on its guard rails or fence and on its deck.

                 Guardrails, Fences, Nets, and Toeboards



Sec. 149.441   Open sided deck, deck opening, catwalk, and helicopter pad protection.

    (a) Each open sided deck, deck opening, and catwalk on each PPC must 
have protection that meets the ``Safety Requirements for Floor and Wall 
Openings, Railings, and Toeboards'' of the American National Standards 
Institute (ANSI A12.1), except each must have toeboards.
    (b) Each open side of each helicopter landing pad on the PPC must 
have:
    (1) Safety net; or
    (2) A lowered walkway that is 48 inches wide, is not more than 42 
inches below the level of the pad, and has guard rails that meet the 
requirements of ANSI A12.1, except each must have toeboards.

                    Fixed Fire Main System for Water



Sec. 149.451   Fixed fire main system for water.

    Each PPC must have a fixed fire main system for water.



Sec. 149.453   Fire pumps.

    (a) Each PPC must have at least two independently driven fire pumps 
that can deliver two streams of water at a continuous pitot tube 
pressure of at least 75 p.s.i. at each fire hose nozzle.
    (b) Each fire pump must have:
    (1) A relief valve on its discharge side that is set to relieve at 
25 p.s.i. in excess of the pressure necessary to meet the requirement in 
paragraph (a) of this section;
    (2) A pressure gauge on its discharge side; and
    (3) Its own water source.
    (c) Fire pumps may only be connected to the fire main system.



Sec. 149.455   Fire pump location.

    The fire pumps required by Sec. 149.453(a) may not be located in the 
same space.



Sec. 149.457   Fire hydrants.

    (a) Each part of the PPC that is accessible to any person, except 
machinery spaces, must have enough fire hydrants so that it can be 
sprayed with at least two spray patterns of water. At least one spray 
pattern of water must be from one length of hose.
    (b) Each PPC must have enough fire hydrants so that each machinery 
space can be sprayed with at least two spray patterns of water from 
separate hydrants. Each spray pattern of water must be from one length 
of hose.
    (c) A single length of fire hose, with nozzle attached, must be 
connected to each fire hydrant at all times.



Sec. 149.459   Fire hydrant outlet.

    The outlet on each fire hydrant must not point above the horizontal.

[[Page 217]]



Sec. 149.461   Fire hydrant and control valve shutoff valve.

    Each fire hydrant and control valve must have a shutoff valve.



Sec. 149.463   Fire hydrant access.

    Any equipment that is in the same space as a fire hydrant must not 
interfere with access to that hydrant.



Sec. 149.465   Spanner.

    Each fire hydrant must have at least one spanner at the fire 
hydrant.



Sec. 149.467   Fire hose rack.

    (a) Each PPC must have a hose rack at each hydrant.
    (b) Each fire hose rack must be visible.
    (c) Each fire hose rack in an exposed location must be protected 
from weather.



Sec. 149.469   Fire hose size.

    Each length of fire hose must be:
    (a) 1\1/2\ or 2\1/2\ inch nominal hose size diameter;
    (b) 50 foot nominal hose size length; and
    (c) Lined commercial fire hose that conforms to Underwriters 
Laboratories, Inc. Standard 19 or Federal specification ZZ-H-451D.



Sec. 149.471   Fire hose coupling.

    Each fire hose coupling must:
    (a) Be made of brass, bronze, or material that has strength and 
corrosion resistant properties at least equal to those of brass or 
bronze; and
    (b) Have 9 threads per inch for 1\1/2\ inch hose or 7\1/2\ threads 
per inch for 2\1/2\ inch hose.



Sec. 149.473   Fire hose nozzle.

    Each fire hose nozzle must be a combination solid stream and water 
spray fire hose nozzle that is approved under 46 CFR 162.027.



Sec. 149.477   Spray applicator.

    Each PPC must have a low velocity spray applicator that is approved 
under 46 CFR 162.027 at each fire hydrant.



Sec. 149.479   International shore connection.

    (a) The fixed fire main system of a PPC must have:
    (1) At least two risers;
    (2) A cutoff valve and check valve for each riser; and
    (3) At least two international shore connections that meet the 
requirements in 46 CFR 162.034.
    (b) Each riser must be in an accessible location to vessels 
alongside the PPC, and two of the risers must be on opposite sides of 
the PPC.

                    Other Fire Extinguishing Systems



Sec. 149.481   Other fire extinguishing systems.

    (a) Each PPC must have a manually or automatically operated fire 
extinguishing system in addition to the fire main system required under 
Sec. 149.451 that is approved by the Commandant and meets the National 
Fire Protection Association standards listed in paragraph (e) of this 
section in the following locations:
    (1) Storerooms.
    (2) Workrooms containing flammable liquids.
    (3) Pump rooms.
    (4) Machinery spaces.
    (b) Each halogenated agent or CO2 system in a compartment 
smaller than 6,000 cubic feet, and each sprinkler system, must be 
automatic.
    (c) Each halogenated agent or CO2 system in a compartment 
larger than 6,000 cubic feet, and each foam system, must be manual.
    (d) The systems selected must match the hazard to be protected as 
follows:
    (1) Storerooms must use water sprinklers or CO2.
    (2) Workrooms containing flammable liquids, pumprooms, and machinery 
spaces must use CO2, halogenated agents, or high expansion 
foam.
    (e) Each system required under paragraph (a) of this section must 
meet one of the following performance standards:
    (1) Water sprinkler system--NFPA No. 13.
    (2) Carbon dioxide system--NFPA No. 12.
    (3) Halogenated agent system--NFPA No. 12A.

[[Page 218]]

    (4) Foam system--NFPA No. 11A.
    (f) Arrangement requirements contained in 46 CFR 95.15-10, 15 and 20 
must be complied with.
    (g) Each system required under paragraph (a) of this section must 
activate the general alarm system when it operates.
    (h) Spaces that are protected by a carbon dioxide system or 
halogenated agent system and are normally accessible to persons on board 
must be fitted with an approved audible alarm that sounds automatically 
20 seconds before the extinguishing agent is admitted to the space. The 
alarm must be conspicuously and centrally located.
    (i) To the extent practicable, materials in each item of equipment 
required by paragraph (a) of this section must have resistance to the 
adverse effects of the marine environment.



Sec. 149.483   Fire fighting system for helicopter pads.

    (a) Each PPC helicopter landing pad must have the following:
    (1) A fire extinguishing system designed to:
    (i) Deliver a minimum of 200 g.p.m. of water at the pressure 
required to overcome friction in the piping and hose lines, and produce 
the nozzle discharge requirements in paragraph (a)(2)(ii) of this 
section for 15 minutes; and
    (ii) Not interfere with the simultaneous operation of the fire main.
    (2) Shutoff type nozzles designed:
    (i) For use with a foam concentrate listed or approved by a 
recognized testing agency for fire extinguishing agents;
    (ii) To discharge water-foam concentrate solution or water fog at a 
rate of 100 g.p.m. at a pressure that will provide a foam discharge 
pattern at a 20 foot range with 15 foot width variable to a solid stream 
of foam with a minimum 50 foot range; and
    (iii) To produce foam having a minimum expansion of eight, with a 25 
percent drainage time of at least 5 minutes when protein base foam is 
used.
    (3) Nozzles located so as to provide complete coverage of the 
helicopter landing area.
    (4) A means of activating the general alarm system required by 
Sec. 149.541.
    (b) Aqueous film forming foam (AFFF) may be substituted for protein 
base foam. Generally, the quantity of water may be reduced by 30 percent 
from that specified for use with protein base foam. This reduction will 
be authorized by the Commandant on a case-by-case basis.
    (c) Other extinguishing agents that would provide an equivalent fire 
fighting capability may be substituted with the approval of the 
Commandant.

                    Fire Detection and Alarm Systems



Sec. 149.491   Fire detection and alarm systems.

    (a) Each PPC must have the following fire detection systems that 
activate the general alarm system:
    (1) An ionization type automatic smoke detection system in each 
sleeping space.
    (2) A combination fixed-temperature and rate-of-rise heat detector 
system in each non-sleeping space that does not have an automatic fire 
extinguishing system unless the space is subject to a 15 deg.F or 
greater per minute rate of rise.
    (3) A fixed-temperature detector system in each nonsleeping space 
that does not have an automatic fire extinguishing system and that is 
subject to a 15 deg.F or greater per minute rate of rise.
    (b) To the extent practicable, materials in each item of equipment 
required by this section must have resistance to the adverse effects of 
the marine environment.

            Portable and Semiportable Fire Fighting Equipment



Sec. 149.501   Portable and semiportable fire extinguishers.

    (a) Each PPC must have portable or semiportable fire extinguishers 
that are approved by the Coast Guard under 46 CFR 162.028 or 162.039.
    (b) Each semiportable fire extinguisher must be fitted with hose and 
nozzle or other apparatus so that the entire space in which the 
extinguisher is located may be protected.

[[Page 219]]



Sec. 149.503   Location of extinguishers.

    (a) Fire extinguishers must be installed in accordance with Table 
145.10(a) in Sec. 145.10 of this chapter.
    (b) Each fire extinguisher must be located so it can easily be seen.



Sec. 149.505   Spare charges.

    (a) Spare charges must be carried for at least 50 percent of each 
size and variety of hand portable fire extinguisher required in 
Sec. 149.503. If an extinguisher is of such variety that it cannot be 
readily recharged by PPC personnel, one spare extinguisher of the same 
classification must be carried in lieu of a spare charge.
    (b) Spare charges must be packed to minimize the hazards to 
personnel while recharging extinguishers. Acid must be contained in a 
crown stopper type of bottle.



Sec. 149.507   Marking.

    Each hand portable extinguisher and its station must be numbered in 
accordance with 46 CFR 97.37-23.



Sec. 149.511   Landing area with no fueling facility.

    In addition to the requirements in Sec. 149.483 of this subchapter 
each helicopter landing area on a PPC with no fueling facility must have 
at least two USCG type B:C, size IV dry chemical extinguishers.



Sec. 149.513   Landing area with a fueling facility.

    In addition to the requirements in Sec. 149.483 each helicopter 
landing area on the PPC with a fueling facility must have:
    (a) At least two USCG Type B:C, size II dry chemical extinguishers 
and at least one USCG Type B:C, size V dry chemical extinguisher; and
    (b) A USCG Type B:C, size II dry chemical extinguisher at the 
emergency control station.



Sec. 149.515   Fire axes.

    (a) Each PPC must have at least 8 fire axes.
    (b) Fire axes must be distributed so as to be readily available in 
an emergency.
    (c) Each fire axe must be located:
    (1) In the open;
    (2) Behind glass; or
    (3) In an enclosure with a fire hose.



Sec. 149.517   Fireman's outfits.

    (a) Each platform must have at least 2 fireman's outfits.
    (b) Each fireman's outfit must consist of:
    (1) A self-contained breathing apparatus approved under 49 CFR 
160.011 with a complete recharge.
    (2) A three-cell, intrinsically safe flashlight with the 
Underwriters' Laboratories, Inc., label and a set of spare batteries for 
the flashlight.
    (3) An oxygen and combustible gas indicator with the Underwriters' 
Laboratories, Inc., label, or Factory Mutual Testing Laboratories, Inc., 
label.
    (4) Boots and gloves that are made of rubber or other electrically 
nonconductive material.
    (5) A helmet that meets the requirements in Section 5 of the United 
States of America Standard Safety Code (Z2.1).
    (6) Clothing that protects the skin from scalding steam and the heat 
of fire and that has a water resistant outer surface.
    (c) Equipment must be stowed in a convenient, readily accessible 
location.

                          Lifesaving Equipment



Sec. 149.521   Lifeboats and inflatable life rafts: general.

    (a) Each PPC must have enough lifeboats or inflatable life rafts, or 
a combination of both, for 200% of the maximum number of personnel to be 
quartered or employed on the PPC, except that each PPC must have at 
least two lifeboats. The Commandant may reduce this requirement to a 
minimum of 150% under Sec. 148.607 when it can be shown that the 
specific arrangements and separation of equipment provides sufficient 
redundancy.
    (b) Each lifeboat and launching equipment for an inflatable life 
raft on a platform must be mounted on the outboard side of the platform 
in a location that is easily accessible to persons on board and that is 
as far apart as practicable from each other lifeboat.
    (c) No lifeboat and no launching equipment for an inflatable life 
raft may be mounted next to a discharge

[[Page 220]]

opening on a platform unless the opening has a baffle or a remotely 
controlled device to close the opening.
    (d) Each lifeboat and life raft launching station must be provided 
with emergency lighting to illuminate the entire launching process from 
the stowed position until the craft is waterborne.



Sec. 149.522   Lifeboats.

    (a) Each lifeboat on a platform must be approved under 46 CFR 
160.035 and have the equipment required by 46 CFR 94.20-10 for a 
lifeboat on lakes, bays, sounds, and rivers. Except for boathooks, the 
equipment must be securely attached to the lifeboat.
    (b) Each life boat on a platform must be motor propelled and have an 
installed cover that provides protection from exposure and from fire 
during operation of the lifeboat.



Sec. 149.523   Inflatable life rafts.

    Each inflatable life raft on a platform must be approved under 46 
CFR 160.051 as an inflatable life raft intended for an ocean service 
vessel.



Sec. 149.524   Launching equipment for lifeboats.

    (a) Each PPC must have the following launching equipment for each 
lifeboat required by Sec. 149.521:
    (1) A winch that is approved under 46 CFR 160.015 and that has a 
grooved drum with only one layer of wire.
    (2) Mechanical disengaging apparatus that is approved under 46 CFR 
160.033.
    (3) Davits that are approved under 46 CFR 160.032.
    (4) Load bearing components that meet the requirements in 46 CFR 
94.33-5 (a), (c), (d), and (e) and 46 CFR 94.33-10.
    (b) If a lifeboat is mounted more than 30 feet above mean low water, 
the launching equipment for the lifeboat must be capable of operation 
from the lifeboat and from the PPC.



Sec. 149.525   Launching equipment for inflatable life rafts.

    (a) Each PPC must have enough of the following inflatable life raft 
launching equipment to launch all of the life rafts required by 
Sec. 149.521 within 20 minutes:
    (1) Winches that are approved by the Commandant.
    (2) Mechanical disengaging apparatus that is approved by the 
Commandant.
    (3) Davits that are approved by the Commandant.
    (4) Load bearing components that meet the requirements in 46 CFR 
94.33-5 (a), (c), (d), and (e) and 46 CFR 94.33-10.
    (b) Launching equipment for an inflatable life raft must be capable 
of being operated from the life raft and from the PPC.
    (c) No more than two rafts may be launched from each launching 
station.



Sec. 149.526  Approved ring life buoys (Type IV personal flotation devices).

    (a) Each PPC must have at least 8 approved ring life buoys (Type IV 
PFDs) and mounting racks distributed about the perimeter of the 
platform.
    (b) Each ring life buoy must be constructed in accordance with 46 
CFR Subpart 160.050 except a ring life buoy that was approved under 
former 46 CFR Subpart 160.009 may be used as long as it is in good and 
serviceable condition. Each ring life buoy must be of the 30-inch size, 
international orange, and easily accessible to persons on board.
    (c) At least fifty percent of the ring life buoys required by this 
section must have an electric water light approved under 46 CFR 161.010.
    (d) At least one ring life buoy on each side of the platform must 
have a buoyant line attached to it that is 1\1/2\ times the distance 
from the buoy to the mean low water line of the platform, or 15 fathoms 
in length, whichever is greater.

[CGD 80-155b, 47 FR 10533, Mar. 11, 1982]



Sec. 149.527   Portable radio apparatus.

    Each PPC must have portable radio apparatus that meets the 
requirements in 46 CFR 94.55-1.



Sec. 149.529   Type I personal flotation devices (PFD's).

    (a) Each PPC must have enough adult Type I PFD's for 100 percent of 
the port personnel. Each PFD must be stowed in the living spaces.
    (b) Enough additional Type I PFD's for 50 percent of the port 
personnel must be stowed near working spaces in

[[Page 221]]

well ventilated and accessible lockers marked ``life preservers.''



Sec. 149.533   Litters.

    Each platform must be equipped with at least one Stokes litter that 
is placed in a location that is accessible to persons on board.



Sec. 149.535   Markings on lifeboats, life rafts, paddles, and oars.

    (a) Each lifeboat, and life raft must be marked in letters and 
numbers at least 1\1/2\ inch high with:
    (1) The identification of the deepwater port; and
    (2) The personnel capacity.
    (b) Each inflatable life raft must be marked as required under 46 
CFR 160.051.
    (c) Each paddle and each oar must be marked with the identification 
of the deepwater port.



Sec. 149.537   Markings for personal flotation devices (PFD's).

    Each PFD must be marked with the identification of the deepwater 
port.

                              Miscellaneous



Sec. 149.539   Portable lights.

    (a) Each portable light on a PPC must be listed by Underwriters' 
Laboratories, Inc., as suitable for Class I, Group D hazardous 
locations.
    (b) Each supply cord of the portable lighting units must have 
receptacles with plugs, or receptacles with plugs interlocked with snap 
switches, that are listed by Underwriters' Laboratories, Inc., as 
suitable for Class I, Group D hazardous locations.



Sec. 149.541   General alarm system.

    (a) Each PPC must have a general alarm system.
    (b) Each general alarm system must be:
    (1) Capable of being activated by the automatic fire detection 
systems required under Sec. 149.491 and manually by use of alarm boxes 
located in accordance with the National Fire Protection Association 
Standard No. 72A;
    (2) Audible in all parts of the PPC except in areas of high ambient 
noise levels where hearing protection is required under Sec. 150.509(d) 
of this subchapter; and
    (3) Visible in areas of the PPC where hearing protection is required 
under Sec. 150.509(d) of this subchapter by use of a high intensity 
flashing light.



Sec. 149.543   Marking of general alarm system.

    (a) Each general alarm box must be marked with the words ``GENERAL 
ALARM'' in red letters at least one inch high on a yellow background.
    (b) Each audio and each visual general alarm signalling device under 
Sec. 149.541 must have a sign with the words ``GENERAL ALARM'' in red 
letters at least one inch high on a yellow background.



Sec. 149.545   Public address system.

    Each PPC must have a public address system operable from two 
locations on the PPC to allow an announcement of fires, oil transfer 
system failure or malfunction, and other emergencies.



            Subpart E--Aids to Navigation at Deepwater Ports

                                 General



Sec. 149.701   Applicability.

    This subpart prescribes the minimum requirements for aids to 
navigation at the marine site.



Sec. 149.703  Effective intensity: Definition.

    For the purpose of this subpart, ``effective intensity'' is the 
intensity of a flashing light calculated by using equation [3-27] for 
effective intensity in the Illumination Engineering Society Lighting 
Handbook, p. 3-36.



Sec. 149.705   Applicability of other regulations.

    Sections 66.01-5, 66.01-25 (a) and (c), 66.01-50, and 66.01-55 of 
this chapter also apply to aids to navigation at a deepwater port. For 
the purpose of Sec. 66.01-25 (a) and (c) of this chapter, aids to 
navigation at a deepwater port are Class I aids to navigation.

[[Page 222]]



Sec. 149.707   Applications for aids to navigation.

    (a) 180 days before the installation of any structure at the 
deepwater port site the licensee must submit applications for 
obstruction lights and such other private aids to navigation appropriate 
for the particular construction site.
    (b) 180 days before the commencement of oil transfer operations or 
changing the mooring facilities at the deepwater port the licensee must 
submit applications for private aids to navigation.
    (c) Applications for private aids to navigation for deepwater ports 
must be submitted in accordance with Sec. 66.01-5 of this chapter except 
that the applications must be submitted to the Commandant (G-M).

[CGD 75-002, 40 FR 52565, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]

                        Specifications for Lights



Sec. 149.721   Light source.

    Each light must have a tungsten-incandescent light source.



Sec. 149.723   Intensity.

    (a) Each light on a buoy, hose string, and SPM must:
    (1) Have at least the effective intensity required by this subpart 
for the light at all angles, the origin of which is the focal point of 
the light, that are included within plus-minus1 deg. from the 
focal plane of the light; and
    (2) Have at least 50% of the effective intensity required by this 
subpart for the light at all angles, the origin of which is the focal 
point of the light, that are included within plus-minus2 deg. 
from the focal plane of the light.
    (b) Each light on a platform, including the rotating lighted beacon, 
must:
    (1) Have at least the effective intensity required by this subpart 
at all angles within plus-minus0.5 deg. of the horizontal 
plane that includes the focal point of the lens; and
    (2) Have at least 50% of the effective intensity required by this 
subpart for the light at angles within plus-minus1 deg. of 
the horizontal plane that includes the focal point of the lens.



Sec. 149.724   Focus.

    Each light using a lens must have a means to verify that the light 
source is at the focal point of the lens.



Sec. 149.725   Color.

    The transparent cover of each light, including, where applicable, 
the top of the cover, must be uniform in color.



Sec. 149.727   Chromaticity.

    The color emitted by a light at all angles, within the 50% effective 
intensity angle under Sec. 149.723 must have chromaticity coordinates 
lying within the boundary defined by the corner coordinates in Table 
149.727 when plotted on the International Commission on Illumination 
(CIE) Standard Observer Diagram.

                 Table 149.727--Chromaticity Coordinates                
------------------------------------------------------------------------
                                                       Chromaticity     
                                                        coordinates     
                      Color                      -----------------------
                                                    x axis      y axis  
------------------------------------------------------------------------
White...........................................       0.285       0.332
                                                        .453        .440
                                                        .500        .440
                                                        .500        .382
                                                        .440        .382
                                                        .285        .264
Green...........................................        .009        .720
                                                        .284        .520
                                                        .207        .397
                                                        .013        .494
Red.............................................        .665        .335
                                                        .645        .335
                                                        .680        .300
                                                        .700        .300
Yellow..........................................        .560        .440
                                                        .555        .435
                                                        .612        .382
                                                        .618        .382
------------------------------------------------------------------------



Sec. 149.729   Display of information.

    (a) The following information must be displayed on each light:
    (1) The manufacturer's name and date of manufacture.
    (2) The model designation.
    (3) The name of the manufacturer of the lamp to be used, and the 
manufacturer's ordering code for the lamp.
    (4) The minimum voltage, measured at the input terminals of the 
lighting apparatus with the lamp burning, needed to operate the light in 
compliance with the intensity requirements of this subpart.

[[Page 223]]

    (b) The following information must be displayed on each rotating 
lighted beacon:
    (1) The information prescribed in paragraph (a) of this section.
    (2) The operating speed of the rotating apparatus.
    (3) The type and level of electrical input required to maintain the 
operating speed.

                           Obstruction Lights



Sec. 149.751   Number and location on a platform and SPM.

    (a) A platform that is 30 feet or less on any side, or in diameter, 
must have at least one obstruction light.
    (b) An SPM must have at least one obstruction light.
    (c) A platform that is more than 30 feet but less than 50 feet on 
any side, or in diameter, must have at least two obstruction lights that 
are installed as far apart from each other on the platform as possible.
    (d) A platform that is more than 50 feet on any one side must have 
one obstruction light installed on each corner.
    (e) A circular platform that has a diameter of more than 50 feet 
must have at least 4 obstruction lights that are installed as far apart 
from each other on the platform as possible.
    (f) At least one of the obstruction lights on each platform and SPM 
must be visible from the water regardless of the angle of approach to 
the structure.
    (g) If a platform or SPM has more than one obstruction light, the 
lights must all be installed in the same horizontal plane.
    (h) Each obstruction light on a platform must be installed at least 
20 feet above mean high water.
    (i) Each obstruction light on an SPM must be installed at least 10 
feet above the water.



Sec. 149.753   Number and location on a floating hose string.

    A floating hose string must have omnidirectional obstruction lights 
that are:
    (a) Installed at equally spaced intervals of not more than 70 feet 
along the length of the hose string, except that the two sections of 
hose furthest from the SPM need not have lights; and
    (b) Installed all at the same height and at no less than 2 nor more 
than 5 feet above the surface of the water.



Sec. 149.755   Characteristics.

    (a) Each obstruction light on a platform or SPM must:
    (1) Be white; and
    (2) Flash 50 to 70 times per minute.
    (b) If a platform or SPM has more than one obstruction light, the 
lights must flash simultaneously.
    (c) Each obstruction light on a hose string must:
    (1) Be yellow; and
    (2) Flash 50 to 70 times per minute.



Sec. 149.757   Intensity.

    (a) Each obstruction light on a platform must have an effective 
intensity of at least 75 candela.
    (b) Each obstruction light on an SPM must have an effective 
intensity of at least 15 candela.
    (c) Each obstruction light on a hose string must have an effective 
intensity of at least 1 candela.



Sec. 149.759   Leveling.

    Each obstruction light installed on a platform must have:
    (a) Mounting hardware incorporating devices that facilitate 
horizontal leveling of the light; and
    (b) A leveling indicator, or indicators, each with an accuracy of 
plus-minus0.25 degrees, permanently attached to the light.

                                  Buoys



Sec. 149.771   Number and location.

    Each lateral boundary of a traffic lane at a deepwater port must be 
marked with buoys that are no more than 5 miles apart.



Sec. 149.773   Characteristics.

    (a) Each buoy at a deepwater port must:
    (1) Meet the requirements in Sec. 62.25 of this chapter for buoys in 
United States waters; and
    (2) Have:
    (i) A radar reflector; and
    (ii) A light installed at least 8 feet above the water.
    (b) For each traffic lane, the buoy that is furthest from the safety 
zone

[[Page 224]]

must have a fog signal of a type described in Subpart 62.45 of Part 62 
of this chapter.



Sec. 149.775   Intensity of lights.

    (a) Each fixed light on a buoy must have an intensity of at least 75 
candela.
    (b) Each flashing light on a buoy must have an effective intensity 
of at least 75 candela.

                              Miscellaneous



Sec. 149.791   Identification of a platform and SPM.

    (a) Each platform and SPM must display the name of the port, and the 
name or number or both identifying the structure, so that the 
information is visible:
    (1) From the water at all angles of approach to the structure; and
    (2) If the structure is equipped with a helicopter pad, from 
aircraft on approach to the structure.
    (b) The information required in paragraph (a) of this section must 
be displayed in numbers and letters that are:
    (1) At least 12 inches high;
    (2) In vertical block style; and
    (3) Displayed against a contrasting background.



Sec. 149.793   Markings for piles and pile clusters.

    (a) Each pile and pile cluster that is within 100 yards of a 
platform or SPM must be marked with white reflective tape.
    (b) Each pile and pile cluster that is more than 100 yards from a 
platform or SPM must meet the obstruction lighting requirements in this 
subpart for a platform.



Sec. 149.795  Radar beacon.

    The tallest platform must have an FCC type accepted radar beacon 
(RACON) that:
    (a) Transmits in--
    (1) Both the 2900-3100 MHz and 9300-9500 MHz frequency bands, or
    (2) The 9320-9500 MHz frequency band if installed prior to July 8, 
1991.
    (b) Transmits a signal of a least 250 milliwatts radiated power that 
is omnidirectional and polarized in the horizontal plane;
    (c) Transmits a 2 or more element Morse code character, the length 
of which does not exceed 25% of the radar range expected to be used by 
vessels operating in the area;
    (d) If of the frequency agile type, is programmed so that it will 
respond at least 40% of the time but not more than 90% of the time, with 
a response time duration of at least 15 seconds; and
    (e) Is installed at a minimum height of 15 feet above the highest 
deck of the platform and where the structure of the platform, or 
equipment mounted thereon, does not obstruct the signal propagation in 
any direction.

[CGD-90-016, 56 FR 21082, May 7, 1991]



Sec. 149.797   Rotating lighted beacon.

    The tallest platform must have a rotating lighted beacon that:
    (a) Has an effective intensity of at least 15,000 candela;
    (b) Flashes at least once every 20 seconds;
    (c) Has a white light;
    (d) Is installed:
    (1) At least 60 feet above mean high water;
    (2) Where the structure of the platform, or equipment mounted 
thereon, does not obstruct the propagation of the light in any 
direction; and
    (3) So as to be visible all around the horizon;
    (e) Operates in wind up to 100 knots at a speed that is within 6% of 
the operating speed displayed on the beacon.
    (f) [Reserved]
    (g) Has a leveling indicator, or indicators, each with an accuracy 
of plus-minus0.25 degrees, permanently attached to the light.



Sec. 149.799  Fog signal.

    (a) Each PPC must have a Coast Guard approved fog signal that has a 
2 mile range.

    Note: A list of Coast Guard approved fog signals may be obtained 
from the Commandant (G-M).

    (b) Each fog signal on a PPC must:
    (1) Be installed at least 10 feet but not more than 150 feet above 
mean high water; and
    (2) Be installed where the structure of the platform, or equipment 
mounted

[[Page 225]]

thereon, does not obstruct the propagation of sound in any direction.

[CGD 75-002, 40 FR 52565, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



PART 150--OPERATIONS--Table of Contents




                           Subpart A--General

Sec.
150.101  Applicability.
150.103  Licensee.
150.105  Operations Manual: General.
150.106  Operations Manual: Copies.
150.107  Operations Manual: Amendment.
150.109  Compliance with Operations Manual.
150.113  Deviations.
150.115  Emergency deviations.
150.117  Notification to the District Commander.
150.119  Notification to the Commandant.
150.121  ABS classification.
150.123  Weather monitoring.
150.125  Water depth measurements.
150.127  Environmental monitoring.
150.129  Response plans.

                          Subpart B--Personnel

150.201  Applicability.
150.203  General.
150.204  Definitions.
150.205  Port Superintendent.
150.207  Cargo Transfer Supervisor.
150.209  Vessel Traffic Supervisor.
150.211  Mooring Master.
150.213  Cargo Transfer Assistant.
150.215  Assistant Mooring Master.
150.217  Limitation on service.

                      Subpart C--Vessel Navigation

150.301  Applicability.
150.303  Definitions.
150.305  Ship's routing measures.
150.307  Radar surveillance.
150.309  Advisories to tankers.
150.311  Radio listening watch.
150.313  Clearances for tankers.
150.315  Clearances for support vessels.
150.317  Clearances for other vessels.
150.333  Advance notice of arrival.
150.335  Report before entering safety zone.
150.337  Navigation of tankers in the safety zone.
150.338  Navigation of support vessels in the safety zone.
150.339  Navigation of other vessels in the safety zone.
150.341  Mooring Master.
150.342  Assistant Mooring Master.
150.345  Regulated vessel activities.

                   Subpart D--Oil Transfer Operations

150.400  Applicability.
150.403  Definitions.
150.405  Periodic tests and inspections: OTS components.
150.407  Periodic tests and inspections: discharge containment 
          equipment.
150.409  Periodic tests and inspections: removal material and equipment.
150.411  Repair or replacement of equipment.
150.413  Requirements for oil transfer.
150.415  Requirements for connections.
150.417  Declaration of inspection.
150.419  Stopping transfer operations.
150.421  Displacement of oil in an SPM-OTS with water.
150.423  Limitations.
150.425  Suspension of oil transfer operations.

                          Subpart E--Operations

150.500  Applicability.
150.503  Maintenance of equipment.
150.504  Fire main system.
150.505  Fire pump.
150.507  Firehose: Connection and stowage.
150.508  Lifesaving equipment.
150.509  Use of personal protection equipment.
150.511  Maintenance of personal protection equipment.
150.513  Sanitation.
150.515  Refueling for aircraft.
150.516  Aircraft operations.
150.517  Station bill.
150.519  Emergency drills.
150.521  Housekeeping.
150.523  Illumination.
150.525  Emergency Medical Technician.
150.527  First aid station.

            Subpart F--Aids to Navigation at Deepwater Ports

150.601  Applicability.
150.603  Applicability of other regulations.
150.605  Aids to navigation: power supply.
150.607  Lights.
150.611  Fog signals.

                     Subpart G--Reports and Records

150.701  Applicability.

                                 Reports

150.703  Maintenance of ABS classification.
150.705  Aid to navigation discrepancy.
150.707  Oil throughput report.
150.711  Casualty or accident.
150.713  Sabotage or subversive activity.

                                 Records

150.751  General.
150.753  Key personnel: Designations and qualifications.
150.755  Port inspection records.
150.757  Oil throughput log.
150.759  Declaration of inspection.


[[Page 226]]


Appendix A to Part 150--Deepwater Port Safety Zone Boundaries

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and (m)(2), 
1509; sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46.

    Source: CGD 75-002, 40 FR 52572, Nov. 10, 1975, unless otherwise 
noted.



                           Subpart A--General



Sec. 150.101   Applicability.

    The rules in this part apply to the operation of each deepwater 
port.



Sec. 150.103   Licensee.

    (a) No licensee of a deepwater port may cause or authorize 
operations contrary to the rules in this part.
    (b) The licensee shall ensure that the port meets the equipment 
requirements in Part 149 of this chapter.



Sec. 150.105   Operations Manual: General.

    (a) The licensee of a deepwater port may not operate the port unless 
the port has an Operations Manual that:
    (1) Is prepared in accordance with the ``Guidelines for Preparation 
of a Deepwater Port Operations Manual''; and
    (2) Has been approved by the Commandant.
    (b) For the purpose of this section, ``approved'' means only that 
the Operations Manual meets the requirements of the Act and the 
regulations in this subchapter.

    Note: The ``Guidelines for Preparation of a Deepwater Port 
Operations Manual'' may be obtained from the Commandant (G-M).

[CGD 75-002, 40 FR 52572, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 150.106   Operations Manual: Copies.

    The licensee shall furnish 25 copies of the approved Operations 
Manual and each subsequent amendment to Commandant (G-M).

    Note: The Commandant will distribute copies of the approved 
Operations Manual and subsequent amendments within the Coast Guard and 
to the Governor of the adjacent coastal State connected directly by 
pipeline to the deepwater port.

[CGD 75-002, 40 FR 52572, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 150.107   Operations Manual: Amendment.

    (a) The Captain of the Port may require the licensee to amend the 
Operations Manual if he finds that the Operations Manual does not comply 
with Sec. 150.105.
    (b) When the Captain of the Port determines that an amendment to an 
operations manual is necessary, he notifies the licensee in writing of a 
date not less than 14 days from the date of the notice, on or before 
which the licensee may submit written information, views, and arguments 
on the amendment. After considering all relevant material presented, the 
Captain of the Port notifies the licensee of any amendment required or 
he rescinds the notice. The amendment becomes effective not less than 30 
days after the licensee receives the notice unless the licensee 
petitions the Commandant to reconsider the amendment, in which case its 
effective date is stayed pending a decision by the Commandant. Petitions 
to the Commandant must be submitted in writing to the Captain of the 
Port.
    (c) If the Captain of the Port finds a situation that requires 
immediate action to prevent the discharge or risk of discharge of oil or 
to protect the safety of life and property that makes the procedure in 
paragraphs (a) and (b) of this section impracticable or contrary to the 
public interest, he may issue an amendment effective, without stay, on 
the date the licensee receives notice of it. In such a case, the Captain 
of the Port includes a brief statement of the reasons for his finding in 
the notice, and the licensee may petition the District Commander, in any 
manner, to reconsider the amendment.
    (d) Adjacent coastal States connected by pipeline to the deepwater 
port and licensees may petition the Captain of the Port to amend the 
Operations Manual. The Captain of the Port, when in receipt of a 
proposed amendment, will solicit comments on the proposed amendment. The 
petition and comment should include sufficient relevant information to 
enable the Captain of the Port to reach a decision to adopt or reject 
the proposed amendment. The Captain of the Port may approve amendments 
to the Operations Manual if he

[[Page 227]]

finds that the proposed alternative procedure, method, or equipment will 
ensure equivalent or improved protection, safety, or quality level and 
is in compliance with this subchapter.



Sec. 150.109   Compliance with Operations Manual.

    Each licensee shall use and require his personnel to use the 
procedures in the Operations Manual.



Sec. 150.113   Deviations.

    The Captain of the Port may authorize a deviation in writing upon 
request, if he finds that the proposed alternative procedure, method or 
equipment would ensure equivalent protection, safety, or quality level.



Sec. 150.115   Emergency deviations.

    In an emergency, for the protection of life or property, or to avoid 
danger to the environment, any person may deviate from the Operations 
Manual or any requirement of deepwater port regulations. As soon as 
practicable, the person shall report the nature, extent, and duration of 
each deviation orally or in writing to the Captain of the Port.



Sec. 150.117   Notification to the District Commander.

    (a) At least 30 days before construction of a pipeline, platform, or 
SPM at a deepwater port begins, the licensee shall give notice of 
construction in writing to the District Commander.
    (b) On the date construction of a pipeline, platform or SPM at a 
deepwater port begins, the licensee shall give written notice to the 
District Commander within 24 hours of the lights and fog signals in use 
at the construction site.
    (c) Whenever lights or fog signals are changed during construction 
of a pipeline, platform, or SPM at a deepwater port, the licensee shall 
give written notice of such change to the District Commander within 24 
hours.
    (d) When lights or fog signals used during construction of a 
platform, buoy, or SPM at a deepwater port are replaced with lights or 
fog signals required by Part 149 of this subchapter, the licensee shall 
give written notice of replacement to the District Commander within 24 
hours.
    (e) At least 60 days before the first oil transfer operation begins 
at a deepwater port, the licensee shall give written notice of the 
operation to the District Commander.

[CDG 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58143, Dec. 15, 1975]



Sec. 150.119   Notification to the Commandant.

    The licensee shall give notice, in writing, to the Commandant upon 
receipt of the American Bureau of Shipping:
    (a) ``Interim Class Certificate''; and
    (b) ``Classification Certificate'' for an SPM at a deepwater port.



Sec. 150.121   ABS classification.

    (a) No licensee may operate an SPM unless he has an American Bureau 
of Shipping (ABS) ``Interim Class Certificate'' or a ``Classification 
Certificate'' for the SPM.
    (b) A certificate must classify the SPM and attached hoses.
    (c) The licensee shall maintain in class each SPM having a 
Classification Certificate.



Sec. 150.123   Weather monitoring.

    The terminal supervisor shall continuously monitor the wind, wave, 
current, and visibility conditions at the port.



Sec. 150.125   Water depth measurements.

    (a) The licensee shall measure water depth in the marine site if the 
Captain of the Port notifies the licensee that:
    (1) A severe storm may have significantly altered water depths;
    (2) Gradual natural or man-induced processes may have significantly 
altered water depths; or
    (3) User experience indicates that charted water depths may no 
longer be accurate.
    (b) The accuracy and adequacy of water depth measurements must be 
sufficient for nautical chart maintenance purposes.



Sec. 150.127   Environmental monitoring.

    The licensee shall monitor the environment in accordance with the 
environmental monitoring program set

[[Page 228]]

forth in the approved Operations Manual for the port.



Sec. 150.129  Response plans.

    (a) The owner or operator of a deepwater port shall prepare and 
submit a response plan meeting the requirements of subpart F of part 154 
for review and approval by the cognizant Captain of the Port (COTP).
    (b) A response plan must be submitted to the cognizant COTP by 
February 18, 1993 or not less than 60 days before the port begins 
operation, which ever is later.

[CGD 91-036, 58 FR 7352, Feb. 5, 1993]



                          Subpart B--Personnel



Sec. 150.201   Applicability.

    This subpart prescribes personnel qualifications that apply to each 
deepwater port.



Sec. 150.203   General.

    No person may serve and the licensee may not use the services of a 
person in the following capacities unless that person reads, writes and 
speaks English.
    (a) Port Superintendent.
    (b) Cargo Transfer Supervisor.
    (c) Cargo Transfer Assistant.
    (d) Vessel Traffic Supervisor.
    (e) Mooring Master.
    (f) Assistant Mooring Master.



Sec. 150.204   Definitions.

    As used in this subpart:
    (a) License means a Coast Guard license issued under 46 CFR part 10; 
and
    (b) Licensee means the licensee of a deepwater port.



Sec. 150.205   Port Superintendent.

    No person may serve, and the licensee may not use the services of a 
person, as a Port Superintendent at a deepwater port unless:
    (a) That person has enough experience at an oil transfer facility to 
enable the licensee to determine that that person is capable of managing 
the deepwater port;
    (b) The licensee determines that that person knows:
    (1) The hazards of each product to be transferred; and
    (2) The port operating procedures described in the Operations 
Manual; and
    (c) The licensee designates that person as Port Superintendent and 
advises the Captain of the Port in writing of that designation.



Sec. 150.207   Cargo Transfer Supervisor.

    No person may serve, and the licensee may not use the services of a 
person, as a Cargo Transfer Supervisor at a deepwater port unless:
    (a) That person has enough experience in operating oil transfer 
equipment to enable the licensee to determine that that person is 
capable of operating the oil transfer equipment of the deepwater port;
    (b) That person has:
    (1) Had continuous employment for at least one year as supervisor at 
an oil transfer facility in charge of offloading tank vessels of 70,000 
deadweight tons or larger;
    (2) Supervised at least 25 cargo transfer evolutions from tankers of 
70,000 deadweight tons or larger; or
    (3) Served in a training capacity for Cargo Transfer Supervisor at a 
United States deepwater port for at least one year;
    (c) The licensee determines that that person knows:
    (1) The rules in Subpart D of this part;
    (2) The oil transfer procedures and transfer control systems, in 
general, of tankers serviced at the facility;
    (3) The special handling characteristics of each product to be 
transferred; and
    (4) The procedures described in the Operations Manual for:
    (i) Oil transfer;
    (ii) Spill prevention, containment, and cleanup;
    (iii) Accidents and emergencies;
    (iv) Voice radiotelecommunications; and
    (d) The licensee designates that person as Cargo Transfer Supervisor 
and advises the Captain of the Port in writing of that designation.

[CGD 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58143, 58144, Dec. 15, 
1975]



Sec. 150.209   Vessel Traffic Supervisor.

    No person may serve, and the licensee may not use the services of a

[[Page 229]]

person, as a Vessel Traffic Supervisor at a deepwater port unless:
    (a) That person presents evidence of:
    (1) Having performed for one year within the last five years in a 
capacity requiring radar plotting and analysis of vessel movement; or
    (2) Satisfactory completion of a marine radar operators school 
acceptable to the Commandant;
    (b) The licensee determines that that person knows:
    (1) The procedures for utilizing the port's radar equipment; and
    (2) The procedures described in the Operations Manual for:
    (i) Vessel control; and
    (ii) Voice radiotelecommunications; and
    (c) The licensee designates that person as Vessel Traffic Supervisor 
and advises the Captain of the Port in writing of that designation.



Sec. 150.211   Mooring Master.

    No person may serve, and the licensee may not use the services of a 
person, as a Mooring Master at a deepwater port unless:
    (a) That person holds a current United States Coast Guard issued 
license as:
    (1) Master of ocean steam or motor vessels of any gross tons, 
endorsed as radar observer, and has one year experience as:
    (i) Master on tankers of 70,000 DWT or larger and satisfactory 
completion of a very large crude carrier (VLCC) shiphandling course 
acceptable to the Commandant; or
    (ii) A Mooring Master at any deepwater port servicing tankers of 
70,000 DWT or larger; or
    (2) Master of ocean steam or motor vessels of limited tonnage, 
endorsed as radar observer, and endorsed as first-class pilot of vessels 
of any gross tons for at least one port in the area of the deepwater 
port, and has one year experience:
    (i) Piloting ocean going vessels, including tankers of 70,000 DWT or 
larger; or
    (ii) As assistant mooring master at the facility and satisfactory 
completion of a very large crude carrier (VLCC) shiphandling course 
acceptable to the Commandant;
    (b) The licensee determines that the person knows the procedures 
described in the Operations Manual for:
    (1) Vessel control;
    (2) Vessel responsibilities;
    (3) Spill prevention, containment, and cleanup;
    (4) Accidents and emergencies; and
    (5) Voice radiotelecommunications;
    (c) The licensee designates that person as Mooring Master and 
advises the Captain of the Port, in writing, of the designation; and
    (d) In addition to the foregoing requirements, after two years of 
operation of the facility, the licensee shall require new applicants for 
Mooring Master to have observed 20 mooring evolutions at that facility.



Sec. 150.213   Cargo Transfer Assistant.

    No person may serve, and the licensee may not use the services of a 
person, as a Cargo Transfer Assistant at a deepwater port unless:
    (a) That person presents evidence that he has one year experience, 
or performed 15 cargo transfer evolutions at an oil transfer facility 
servicing tankers of 70,000 deadweight tons or larger in a capacity 
involving connection and disconnection of the tankers to a single point 
mooring floating hose string;
    (b) The licensee determines that that person knows:
    (1) The rules in subpart D of this part;
    (2) The oil transfer procedures and transfer control systems, in 
general, of tankers serviced at the port;
    (3) The special handling characteristics of each product to be 
transferred;
    (4) The procedures described in the Operations Manual for:
    (i) Oil transfer;
    (ii) Spill prevention, containment, and cleanup;
    (iii) Accidents and emergencies; and
    (iv) Voice radiotelecommunications; and
    (c) The licensee designates that person as Cargo Transfer Assistant 
and retains written evidence of that designation at the deepwater port.



Sec. 150.215   Assistant Mooring Master.

    No person may serve, and the licensee may not use the services of a

[[Page 230]]

person, as an Assistant Mooring Master at a deepwater port unless:
    (a) That person holds a current United States Coast Guard issued 
license as:
    (1) Master of ocean steam or motor vessels of any gross tons, 
endorsed as radar observer, and has six months experience as master or 
chief mate on tankers of 70,000 DWT or larger; or
    (2) Master of ocean steam or motor vessels of limited tons, endorsed 
as radar observer, and endorsed as first-class pilot of vessels of any 
gross tons for at least one port in the area of the deepwater port;
    (b) The licensee determines that that person knows the procedures 
described in the Operations Manual for:
    (1) Vessel control;
    (2) Vessel responsibilities;
    (3) Spill prevention, containment, and cleanup;
    (4) Accidents and emergencies; and
    (5) Voice radiotelecommunications; and
    (c) The licensee designates that person as Assistant Mooring Master 
and advises the Captain of the Port, in writing, of the designation.



Sec. 150.217   Limitation on service.

    No person may perform in more than one of the following capacities 
at any one time:
    (a) Port Superintendent.
    (b) Cargo Transfer Supervisor.
    (c) Cargo Transfer Assistant.
    (d) Vessel Traffic Supervisor.
    (e) Mooring Master.
    (f) Assistant Mooring Master.



                      Subpart C--Vessel Navigation

    Authority: Sec. 10(a)(b)(d), 88 Stat. 2137-38 (33 U.S.C. 
1509(a)(b)(d)); sec. 4, 92 Stat. 1473-74 (33 U.S.C 1223); 49 CFR 1.46.

    Source: CGD 76-096, 45 FR 85647, Dec. 29, 1980, unless otherwise 
noted.



Sec. 150.301  Applicability.

    This subpart prescribes rules that:
    (a) Apply to the navigation of all vessels at or near a deepwater 
port; and
    (b) Describe vessel activities permitted and prohibited in a 
deepwater port safety zone.

    Note. Appendix A to this part describes the designated boundaries of 
U.S. deepwater port safety zones. Included within the safety zones are 
specific areas to be avoided, anchorages, and other ship's routing 
measures associated with particular safety zones. (Shipping safety 
fairways associated with deepwater ports are described in Part 166 of 
this Title.)

[CGD 76-096, 45 FR 85647, Dec. 29, 1980, as amended by CGD 85-044, 50 FR 
26990, July 1, 1985]



Sec. 150.303  Definitions.

    Support vessel means a tug, linehandling boat, crewboat, workboat, 
supply vessel, bunkering vessel, barge, or other similar vessel working 
for a licensee in connection with the operation of a deepwater port or 
cleared by a licensee to service a tanker calling at a deepwater port.
    Tanker means a vessel that calls at a deepwater port to load or 
unload oil at a SPM.



Sec. 150.305  Ships' routing measures.

    No licensee may operate a deepwater port unless the port has such 
ships' routing measures as prescribed or approved by the Coast Guard to 
provide for safe navigation at or near the deepwater port.



Sec. 150.307  Radar surveillance.

    The Vessel Traffic Supervisor shall maintain radar surveillance of 
the safety zone whenever:
    (a) A tanker is proceeding to the safety zone after submitting the 
report required in Sec. 150.335; or
    (b) A tanker or support vessel is underway in the safety zone; or
    (c) A vessel other than a tanker or support vessel is about to enter 
or is underway in the safety zone.



Sec. 150.309  Advisories to tankers.

    (a) The Vessel Traffic Supervisor shall advise the master of each 
tanker underway in the safety zone of the tanker's position by range and 
bearing from the PPC at intervals not to exceed 10 minutes.
    (b) Whenever the Vessel Traffic Supervisor determines that a vessel 
may potentially interfere with the movement of a tanker in the safety 
zone, the Vessel Traffic Supervisor shall keep the master of the tanker 
informed of the position and estimated course

[[Page 231]]

and speed of the vessel as necessary to assist the tanker in navigation 
within the safety zone.
    (c) Whenever a tanker enters the safety zone, the Vessel Traffic 
Supervisor shall advise the tanker of the position of each other vessel 
moored, anchored, or underway in the safety zone.



Sec. 150.311  Radio listening watch.

    Whenever a tanker is in the safety zone, the Vessel Traffic 
Supervisor and the master of the tanker shall each continuously monitor 
the radio frequency designated in the Operation Manuals for use by 
tankers and support vessels underway at the port, except when 
transmitting on that frequency.



Sec. 150.313  Clearances for tankers.

    (a) The Vessel Traffic Supervisor may not clear a tanker to enter 
the safety zone unless:
    (1) Each other tanker underway in the safety zone is at least 5 
miles from the tanker requesting clearance to enter the safety zone; and
    (2) A Mooring Master is on board or ready to board at a position in 
the designated safety fairway that will permit completion of boarding 
before the tanker enters the safety zone.
    (b) The Vessel Traffic Supervisor may not clear a tanker to moor at 
a SPM unless:
    (1) There is a SPM berth available and the Vessel Traffic Supervisor 
has assigned that berth to the tanker;
    (2) The visibility in the safety zone is at least two miles;
    (3) All operating conditions prescribed in the Operation Manuals for 
mooring to a SPM have been met; and
    (4) A Mooring Master and an Assistant Mooring Master are on board.
    (c) The Vessel Traffic Supervisor may not clear a tanker to depart 
from a SPM unless the visibility in the safety zone is at least two 
miles and a Mooring Master is on board.
    (d) No tanker may enter the safety zone or moor at or depart from a 
SPM, unless the master of the tanker has obtained clearance from the 
Vessel Traffic Supervisor, except as permitted by paragraph (e) of this 
section.
    (e) A tanker may, in an emergency, for the protection of life or 
property, depart from a SPM without clearance from the Vessel Traffic 
Supervisor if the master advises the Vessel Traffic Supervisor of the 
circumstances, by radio, at the earliest possible moment.



Sec. 150.315  Clearances for support vessels.

    (a) The Vessel Traffic Supervisor shall direct support vessel 
movements within the safety zone.
    (b) The Vessel Traffic Supervisor may clear support vessels to enter 
or depart the safety zone at any point.



Sec. 150.317  Clearances for other vessels.

    (a) When requested by the master of a vessel other than a tanker or 
support vessel, the Vessel Traffic Supervisor shall furnish information 
concerning other vessels underway or moored in the safety zone.
    (b) If the Vessel Traffic Supervisor determines that a vessel other 
than a tanker or support vessel may be standing into danger with respect 
to any vessel or part of the deepwater port installation in the safety 
zone, the Vessel Traffic Supervisor shall attempt to inform the master 
of that vessel by radio or other means.
    (c) Except in situations involving force majeure, the Vessel Traffic 
Supervisor shall not clear a vessel other than a tanker or support 
vessel to enter the safety zone of a deepwater port for any purpose that 
would interfere with the purpose of the deepwater port; endanger the 
safety of life, property, or the environment; or otherwise be prohibited 
by regulation.



Sec. 150.333  Advance notice of arrival.

    (a) The master of a tanker bound for a deepwater port shall report 
the following information to the Captain of the Port and the Vessel 
Traffic Supervisor of the port at least 24 hours before entering the 
safety zone at the port:
    (1) The name, gross tonnage, and draft of the tanker.
    (2) The type and amount of cargo on board.
    (3) Any conditions on the vessel that may impair the navigation of 
the vessel, such as fire, malfunctioning propulsion machinery or 
steering equipment, or limitations on navigational or

[[Page 232]]

radiotelephone capabilities because of equipment or material 
malfunctions.
    (4) Any leaks, structural damage, or machinery malfunctions that may 
impair cargo transfer operations or cause a discharge of oil.
    (5) The estimated time of arrival at the deepwater port safety zone.
    (b) If the information reported in paragraph (a)(3), (a)(4), or 
(a)(5) of this section changes at any time before entering the safety 
zone, or while the tanker is in the safety zone, the master of the 
tanker shall report the changes to the Captain of the Port and Vessel 
Traffic Supervisor as soon as possible.



Sec. 150.335  Report before entering safety zone.

    The master of a tanker bound for a deepwater port shall notify the 
Vessel Traffic Supervisor of the port when the tanker is 20 miles from 
the entrance to the safety zone.



Sec. 150.337  Navigation of tankers in the safety zone.

    (a) A tanker must not enter or depart a safety zone except via a 
designated safety fairway, unless under force majeure.
    (b) A tanker must not anchor in the safety zone except in a 
designated anchorage area unless under force majeure.
    (c) A tanker underway in a safety zone must keep at least 5 miles 
behind any other tanker underway ahead of it in the safety zone.
    (d) A tanker must not operate, anchor, or be moored in any area of 
the safety zone in which the net underkeel clearance would be less than 
5 feet.



Sec. 150.338  Navigation of support vessels in the safety zone.

    (a) A support vessel must not enter or move within the safety zone 
unless the movement is cleared by the Vessel Traffic Supervisor.
    (b) A support vessel must not anchor in the safety zone, except in 
an anchorage area or for support vessel maintenance operations cleared 
by the Vessel Traffic Supervisor.



Sec. 150.339  Navigation of other vessels in the safety zone.

    Vessels other than tankers or support vessels should not enter the 
safety zone of a deepwater port unless clearance has been obtained from 
the Vessel Traffic Supervisor.



Sec. 150.341  Mooring Master.

    A tanker must not be underway in the safety zone unless a Mooring 
Master is on board.

    Note: The Mooring Master advises the master of the tanker on 
operational and ship control matters that are peculiar to the specific 
deepwater port, such as navigational aids, depth and current 
characteristics of the manuevering area, mooring equipment and 
procedures, and the port's vessel traffic control procedures.



Sec. 150.342  Assistant Mooring Master.

    A tanker must not moor at a SPM unless an Assistant Mooring Master 
is on board.

    Note: The Assistant Mooring Master is stationed on the forecastle of 
the tanker during mooring operations to assist the Mooring Master by 
reporting position approach data relative to the SPM and to advise the 
tanker personnel in handling of mooring equipment peculiar to the 
deepwater port.



Sec. 150.345  Regulated vessel activities.

    (a) Vessel activities permitted and prohibited at deepwater ports, 
controls on those activities, and the specific safety zone areas in 
which the controls apply are listed in Table 150.345(a).

    Table 150.345(a)--Regulated Vessel Activities at Deepwater Ports    
------------------------------------------------------------------------
                                                Safety zone             
                                  --------------------------------------
                                   Areas to be                          
   Regulated vessel activities       avoided                  Remaining 
                                   around each   Anchorage    portion of
                                     PPC and        area     safety zone
                                      SPM\1\                            
------------------------------------------------------------------------
Tankers calling at port..........            C            C            C
Support vessel movements.........            C            C            C
Transit by vessels other than                                           
 tankers or support vessels......            N            P            P
Mooring to SPM by vessels other                                         
 than tankers or support vessels.            F  ...........             
Anchoring by vessels other than                                         
 tankers or support vessels......            N       F or P            N

[[Page 233]]

                                                                        
Fishing, including bottom trawl                                         
 (shrimping).....................            N            P            P
Mobile drilling operations of                                           
 erection of structures\2\.......            N            N            N
Lightering/transshipment\3\......            N            N            N
------------------------------------------------------------------------
\1\The radius of areas to be avoided around each PPC is 600 meters and  
  around each SPM is 500 meters.                                        
\2\Not part of Port Installation.                                       
\3\Exception, 33 CFR 150.423(e).                                        
                                                                        
Note: The person in charge of any vessel planning to enter a safety zone
  should contact the port Vessel Traffic Supervisor on Ch. 10 VHF-FM    
  before entry and comply with that person's instructions.              
                                                                        
Key to regulated activities: F--Force majeure. N--Not permitted. C--    
  Tankers calling at port and support vessel movements: Permitted when  
  cleared by vessel traffic supervisor. P--Vessels other than tankers or
  support vessels: Permitted when not in immediate area in tanker,      
  clearance by vessel traffic supervisor required. Communications with  
  vessel traffic supervisor required. For transiting foreign flag       
  vessels, the requirement for clearance to enter the safety zone is    
  advisory in nature.                                                   

    (b) A deepwater port licensee shall obtain the permission of the 
Captain of the Port having jurisdiction over that licensee's port before 
allowing any vessel activity at the port which is not listed in Table 
150.345(a) or otherwise provided for in this subpart.



                   Subpart D--Oil Transfer Operations



Sec. 150.400   Applicability.

    This subpart prescribes rules that apply to the transfer of oil at a 
deepwater port.



Sec. 150.403   Definitions.

    As used in this subpart:
    Hose string, both floating and float/sink type, means that portion 
of an SPM-OTS consisting of flexible hose which connects the vessel's 
manifold to the SPM.
    OTS means an oil transfer system of a deepwater port and includes 
the SPM-OTS and the undersea pipeline running from the PLEM to the 
onshore terminal.
    PLEM means pipeline and manifold at the SPM.
    Single Point Mooring (SPM) means an offshore berth which provides a 
link between the undersea pipeline and a moored vessel for the transfer 
of oil and to which the vessel can be secured and can weathervane during 
the oil transfer.
    SPM-OTS means that portion of an OTS from the PLEM to the end of the 
hose string that connects to the manifold on the vessel.



Sec. 150.405   Periodic tests and inspections: OTS components.

    No person may transfer oil through an OTS at a deepwater port 
unless:
    (a) The SPM-OTS of the OTS has been tested and inspected as required 
for maintenance of class in accordance with the Rules for Building and 
Classing Single Point Moorings published by the American Bureau of 
Shipping;
    (b) Each oil transfer hose in the SPM-OTS of the OTS in which the 
maximum pressure rating of the manufacturer has been exceeded, except 
when exceeded for testing required by this section, has, since the 
pressure was exceeded, been:
    (1) Removed;
    (2) Hydrostatically tested to 1.5 times its maximum working 
pressure; and
    (3) Visually examined externally and internally for evidence of 
leakage, loose covers, kinks, bulges, soft spots, and gouges, cuts, or 
slashes that penetrate the hose reinforcement;
    (c) Within the 23 months immediately preceding the month during 
which oil transfer operations are to be conducted, each submarine hose 
in the SPM-OTS of the OTS has been removed from the ends of each 
submarine coupling, surfaced, and visually examined externally and 
internally for evidence of flaws as described in paragraph (b)(3) of 
this section and hydrostatically tested to 1.5 times its maximum working 
pressure; and

[[Page 234]]

    (d) Each submarine hose in the SPM-OTS of that OTS has been visually 
examined in place for evidence of external flaws as described in 
paragraph (b)(3) of this section since the last time sea conditions at 
the deepwater port required shutdown of oil transfer operations.



Sec. 150.407   Periodic tests and inspections: discharge containment equipment.

    No person may transfer oil at a deepwater port unless the discharge 
containment equipment required by Part 149 of this chapter is tested and 
inspected as follows:
    (a) Within the five months immediately preceding the month during 
which oil transfer operations are to be conducted at a deepwater port, a 
visual examination must have been performed to determine whether there 
existed any conditions that might impair the effectiveness of the 
equipment in performing its intended function. This visual examination 
must include the condition of such items as fabric and fabric coatings, 
seams and bonding points, metal hardware parts, shackles, fittings, 
towing and other lines, cables, flotation devices, inflation mechanisms, 
and any other components integral to the equipment.
    (b) Within the 11 months immediately preceding the month during 
which oil transfer operations are to be conducted at a deepwater port, 
representative pieces or sections of the containment equipment must:
    (1) Have been deployed under simulated discharge conditions and the 
integrity of equipment strength members, containment skirt, flotation 
devices, and any other design performance factors of the equipment 
tested; or
    (2) Have been deployed under actual discharge conditions.



Sec. 150.409   Periodic tests and inspections: removal material and equipment.

    No person may transfer oil at a deepwater port unless the removal 
material and equipment required by Part 149 of this chapter is tested 
and inspected as follows:
    (a) Within the two months immediately preceding the month during 
which oil transfer operations are to be conducted at a deepwater port, 
any machinery, pumps, hydraulic parts, and other operating features of 
removal equipment must have been visually examined and operated in 
accordance with the instructions of the manufacturer.
    (b) Within the 11 months immediately preceding the month during 
which oil transfer operations are to be conducted at a deepwater port, 
the removal equipment must have been tested in conjunction with the 
containment equipment deployment required by Sec. 150.407(b).



Sec. 150.411   Repair or replacement of equipment.

    (a) Whenever any component of a deepwater port that affects the 
safety or integrity of the oil transfer operation is found to be 
inoperative or otherwise defective, the licensee shall replace or repair 
the component before further oil transfer operations are undertaken 
using the affected OTS. The repaired or replaced component must meet or 
exceed the original specifications.
    (b) Whenever an item of discharge containment and removal material 
or equipment required by Sec. 149.319 of this chapter is found to be 
inoperative or otherwise defective, the licensee shall replace or repair 
the item before further oil transfer operations are undertaken. The 
repaired or replaced item must meet or exceed the original 
specifications.



Sec. 150.413   Requirements for oil transfer.

    No person may transfer oil through an OTS unless:
    (a) Before connecting the hose string to the vessel manifold at the 
start of each oil transfer operation, it is determined by in-place 
visual examination that the hose string in use for that transfer 
operation has no leakage, loose covers, kinks, bulges, soft spots, and 
no gouges, cuts, or slashes that penetrate the hose reinforcement;

[[Page 235]]

    (b) During each oil transfer operation, it is determined by visual 
examination that the hose string in use for that transfer operation has 
no leakage;
    (c) The vessel's mooring attachment to the SPM is strong enough to 
hold in all expected conditions of surge, current, and weather;
    (d) Oil transfer hoses are long enough to allow the vessel to move 
to the limits of its mooring attachment to the SPM without placing 
strain on the hoses;
    (e) Each oil transfer hose is supported in a manner that prevents 
strain on its coupling;
    (f) Each part of the OTS necessary to allow the flow of oil is lined 
up for the transfer;
    (g) Each part of the OTS not necessary for the transfer operation is 
securely blanked or shut off;
    (h) Except when used to receive or discharge ballast, each overboard 
discharge or sea suction valve that is connected to the vessel's oil 
transfer, ballast, or cargo tank systems is sealed, lashed, or locked in 
the closed position;
    (i) Each connection in the OTS meets the requirements of 
Sec. 150.415;
    (j) The discharge containment and removal material and equipment 
required by Sec. 149.319 of this chapter is in place;
    (k) Each scupper and overboard drain on the vessel is closed;
    (l) Any continuing loss of oil from the coupling at the vessel 
manifold does not overflow the drip pan under the manifold;
    (m) The communications equipment required by Sec. 149.317 of this 
chapter is operative for the transfer operation;
    (n) The emergency means of shutdown required by Part 149 of this 
chapter is in position and operative;
    (o) The Cargo Transfer Supervisor, Cargo Transfer Assistant, and any 
other designated personnel are on duty and present to conduct the 
transfer operations in accordance with the Operations Manual and with 
the oil transfer procedures that apply to the vessel during the transfer 
operation;
    (p) The vessel's officer in charge of cargo transfer and the Cargo 
Transfer Assistant have held a conference and each understands the 
following details of the transfer operations:
    (1) The identity of the product to be transferred.
    (2) The sequence of transfer operations.
    (3) The transfer rate.
    (4) The name or title and location of each person participating in 
the transfer operation.
    (5) Particulars of the transferring and receiving systems.
    (6) Critical stages of the transfer operation.
    (7) Federal regulations that apply to the transfer of oil.
    (8) Emergency procedures.
    (9) Discharge containment procedures.
    (10) Discharge reporting procedures.
    (11) Watch or shift arrangement.
    (12) Transfer shutdown procedures;
    (q) The vessel's officer in charge of cargo transfer and the Cargo 
Transfer Assistant agree to begin the transfer operation;
    (r) Flame screens are structurally sound and securely fastened in 
place in all cargo tank vents and ullage holes on the vessel; and
    (s) The declaration of inspection required by Sec. 150.417 is 
executed.



Sec. 150.415   Requirements for connections.

    (a) The licensee shall provide suitable adaptors, to allow 
connection of the hose string to a vessel manifold, that meet any one of 
the following flange standards:
    (1) American National Standards Institute (ANSI).
    (2) British Standard (BS).
    (3) German Standard (DIN).
    (4) Japanese Industrial Standard (JIS).
    (5) Universal Metric Standard.
    (b) Each temporary connection between the hose string and a vessel 
manifold must:
    (1) Be made using either:
    (i) A bolted coupling; or
    (ii) A quick-connect coupling approved under Sec. 156.130(c)(2) of 
this chapter;
    (2) Have suitable materials in joints and couplings to make a tight 
seal;
    (3) If using an American National Standards Institute (ANSI) 
standard bolted flange coupling, have a bolt in

[[Page 236]]

at least every other hole of the coupling and in no case less than four 
bolts;
    (4) If using a bolted coupling other than an ANSI standard bolted 
flange coupling, have a bolt in each hole of the coupling;
    (5) Have bolts in each bolted coupling that are all:
    (i) The same size;
    (ii) Tightened so as to uniformly distribute the load around the 
coupling; and
    (iii) Free of any signs of strain, elongation or deterioration; and
    (6) Be made and broken in the presence of and under the direct 
supervision of the Cargo Transfer Assistant.



Sec. 150.417   Declaration of inspection.

    (a) No person may transfer oil at a deepwater port unless a 
declaration of inspection has been executed before the start of each oil 
transfer operation by the Cargo Transfer Assistant and the vessel's 
officer in charge of cargo transfer.
    (b) The declaration of inspection required by paragraph (a) of this 
section may be in any form but must contain:
    (1) The name of the tanker and berth to which moored;
    (2) The date the oil transfer operation will start;
    (3) Certification by the Cargo Transfer Assistant and the vessel's 
officer in charge of cargo transfer that the requirements for oil 
transfer specified in Sec. 150.413, and the pre-transfer procedures 
described in the Operations Manual, have been followed; and
    (4) The signatures of the Cargo Transfer Assistant and the vessel's 
officer in charge of cargo transfer.



Sec. 150.419   Stopping transfer operations.

    (a) Before stopping the flow of oil during an offloading operation 
at a deepwater port, the Cargo Transfer Supervisor shall advise the 
vessel's officer in charge of oil transfer of the intent to do so.
    (b) Before stopping the flow of oil during an onloading operation at 
a deepwater port, the vessel's officer in charge of oil transfer shall 
advise the Cargo Transfer Supervisor of the intent to do so.
    (c) Before disconnecting the hose string from the vessel manifold, 
the Cargo Transfer Assistant shall ensure that the shut-off valve 
described in Sec. 149.307 of this chapter is secured in the closed 
position.
    (d) Before returning the hose string to the water after 
disconnection, the Cargo Transfer Assistant shall ensure that the blank 
flange described in Sec. 149.307 of this chapter is secured in place and 
has:
    (1) Suitable material in the coupling to make a tight seal;
    (2) A bolt in each hole of the coupling; and
    (3) Bolts in the coupling that are all:
    (i) The same size;
    (ii) Tightened so as to uniformly distribute the load around the 
coupling; and
    (iii) Free of any signs of strain, elongation, or deterioration.



Sec. 150.421   Displacement of oil in an SPM-OTS with water.

    The Port Superintendent shall ensure that the oil in an SPM-OTS is 
displaced with water, and the valve at the PLEM closed, whenever:
    (a) A storm warning has been received forecasting weather conditions 
that will exceed the design operating criteria listed in the Operations 
Manual for the SPM-OTS;
    (b) A vessel is about to depart the SPM because of storm conditions; 
or
    (c) The SPM is not scheduled for use in an oil transfer operation 
within the next 7 days.



Sec. 150.423   Limitations.

    No person may transfer oil at a deepwater port:
    (a) Unless a Port Superintendent is on duty at the port;
    (b) During a severe electrical storm in the vicinity of the 
deepwater port;
    (c) During a fire at the deepwater port, receiving terminal on 
shore, or aboard a vessel berthed at the deepwater port, unless it is 
determined by the Port Superintendent that an oil transfer should be 
resumed as a safety measure;
    (d) Unless there are personnel and equipment at the port, not 
presently engaged in discharge containment and

[[Page 237]]

removal operations, sufficient to contain and remove the discharges 
specified in Sec. 149.319(a);
    (e) By lighterage, except in bunkering operations, unless otherwise 
authorized by the Captain of the Port; or
    (f) Unless the weather conditions at the port meet the minimum 
operating conditions prescribed in the Operations Manual for 
transferring oil at the port.



Sec. 150.425   Suspension of oil transfer operations.

    (a) The Captain of the Port may order the licensee to suspend oil 
transfer operations if the Captain of the Port finds that there is a 
condition requiring immediate action to prevent the discharge or threat 
of discharge of oil or to protect the safety of life and property.
    (b) An order of suspension may be made effective immediately.
    (c) The order of suspension states each condition requiring 
immediate action.
    (d) The licensee may petition the District Commander, in writing or 
in any manner if the order of suspension is effective immediately, to 
reconsider the order of suspension. The decision of the District 
Commander is final agency action.

[CGD 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58144, Dec. 15, 1975]



                          Subpart E--Operations



Sec. 150.500   Applicability.

    The rules in this subpart apply to operations at a deepwater port.



Sec. 150.503  Maintenance of equipment.

    (a) The licensee shall maintain each item of equipment required 
under this subchapter in operative condition or shall replace it with an 
item in good condition.
    (b) The licensee shall maintain each excess item of equipment 
required under this subchapter in operative condition or shall remove it 
from serv- ice.



Sec. 150.504   Fire main system.

    The licensee may use the fire main system only for firefighting and 
deckwashing.



Sec. 150.505   Fire pump.

    The licensee shall keep at least one of the fire pumps required by 
this subchapter ready for use on the fire main system at all times.



Sec. 150.507   Firehose: Connection and stowage.

    (a) Except as otherwise provided in paragraph (c) of this section, 
the licensee shall keep at least one length of firehose with a 
combination nozzle connected to each fire hydrant at all times.
    (b) The licensee shall stow each firehose connected to a fire 
hydrant on a hose rack when not in use.
    (c) A firehose in an exposed location may temporarily be removed 
from an exposed location to protect the firehose from damage during 
heavy weather.
    (d) If the edge of a platform deck is in an exposed location, the 
licensee shall keep enough lengths of fire hose connected to the hydrant 
nearest the edge to allow 10 feet of hose, when pressurized, to curve 
over the edge.



Sec. 150.508   Lifesaving equipment.

    (a) The licensee shall stow each inflatable life raft required by 
Sec. 149.521 of this subchapter as near as practicable to launching 
equipment for the life raft.
    (b) The licensee shall test lifeboat launching equipment required by 
Sec. 149.524 of this subchapter immediately after installation in 
accordance with 46 CFR 94.35-5.



Sec. 150.509  Use of personal protection equipment.

    (a) When any person is in a work area, the licensee shall ensure 
that such person wears:
    (1) Safety shoes that meet the specifications prescribed by the 
American National Standard Institute (ANSI) Requirements for Men's 
Safety-Toe Footware, Z41.1; and
    (2) Protective hats that meet the specifications prescribed by the 
ANSI Safety Requirements for Industrial Head Protection, Z89.1.
    (b) When an eye hazard from flying particles or heavy dust exists, 
the licensee shall ensure that each person in the area of the hazard is 
wearing eye protection equipment that meets the

[[Page 238]]

specifications prescribed by the ANSI Practice for Occupational and 
Educational Eye and Face Protection, Z87.1.
    (c) When hazardous work is being performed, the licensee shall 
ensure that any person who wears corrective eye glasses wear eye 
protection equipment that can be worn over eye glasses, or prescription 
ground safety lenses that meet the specifications prescribed by the ANSI 
Practice for Occupational and Educational Eye and Face Protection, 
Z87.1, if these lenses provide protection against the hazard involved.
    (d) When handling hazardous materials the licensee shall ensure that 
all personnel in the area are wearing suitable protective clothing and 
equipment.
    (e) When any person is exposed to combinations of sound levels and 
durations exceeding those listed in Table 150.509(e) the licensee shall 
ensure that the person is wearing ear protection equipment that reduces 
sound levels to or below the listed levels.
    (f) When any person is working over or near the water, the licensee 
shall ensure that the person wears either a unicellular plastic foam 
work vest that meets the requirements of 46 CFR 160.053 or a life 
preserver that meets the requirements of 46 CFR 160.002, 160.005, or 
160.055.

          Table 150.509 Maximum Permissible Noise Exposures\1\          
------------------------------------------------------------------------
                                                                 Sound  
                                                               level\2\ 
                   Duration per day/hours                      dBA slow 
                                                               response 
------------------------------------------------------------------------
8...........................................................          90
6...........................................................          92
4...........................................................          95
3...........................................................          97
2...........................................................         100
1\1/2\......................................................         102
1...........................................................         105
\1/2\.......................................................         110
\1/4\.......................................................         115
------------------------------------------------------------------------
\1\When the daily noise exposure is composed of two or more periods of  
  noise exposure of different levels, their combined effect must be     
  considered rather than the individual effect of each. If the sum of   
  the fractions                                                         


                                       (C1         +        C2       +  .  .  .      Cn)                        
                                   -----------          ----------               -----------                    
                                        T1     ........     T2     .............     Tn                         
                                                                                                                
is more than one, then, the mixed exposure exceeds the limit value. (Cn) is the total time of exposure at a     
  specified noise level. (Tn) is the total time of exposure permitted at that level.                            
Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level.                       
\2\Measured on the A scale of a standard sound level meter at slow response.                                    

[CGD 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58144, Dec. 15, 1975]



Sec. 150.511   Maintenance of personal protection equipment.

    (a) The licensee shall clean and disinfect eye protection equipment 
that has been used before it is reissued.
    (b) The licensee shall clean and disinfect protective hats that have 
been worn before they are reissued.



Sec. 150.513   Sanitation.

    The licensee shall ensure that garbage is covered and that no person 
is working in the vicinity of uncovered garbage or of overboard 
discharges from sanitary lines that are not protected by a baffle or 
splash boards.



Sec. 150.515   Refueling for aircraft.

    If the PPC is not equipped with a permanent fueling facility for 
aircraft, no person may fuel or cause or authorize the fueling of 
aircraft unless he has received the permission of the Captain of the 
Port.



Sec. 150.516   Aircraft operations.

    The licensee shall ensure that appropriately clothed and 
sufficiently qualified fire fighting and rescue personnel to man 
equipment and effect a rescue are present during aircraft operations.



Sec. 150.517   Station bill.

    (a) The licensee shall post copies of a station bill on each PPC.
    (b) The licensee shall designate in writing on the station bill, by 
title and in order of succession, each person on the PPC who is a person 
in charge of the PPC for purposes of supervision in an emergency.
    (c) The station bill must set forth:
    (1) The special duties and duty stations of each person, by name, on 
the PPC for each emergency listed in the Operations Manual that involves 
the use or application of equipment required by Part 149 of this 
chapter; and
    (2) The signals for calling persons to their emergency stations and 
for abandoning the PPC.

[[Page 239]]



Sec. 150.519   Emergency drills.

    The licensee shall conduct each emergency drill specified in the 
Operations Manual at least once every 30 days.



Sec. 150.521   Housekeeping.

    (a) The licensee shall keep walking and working areas clear of all 
loose hazards that could cause tripping or stumbling.
    (b) The licensee shall store portable equipment when it is not in 
use.
    (c) The licensee shall eliminate slippery conditions on the platform 
as soon as practicable.
    (d) No person may suspend a portable light by its cord unless the 
means of attachment of the cord to the light prevents the light from 
being suspended by the electrical connections.
    (e) The licensee shall keep each area near a lifeboat, inflatable 
life raft, or means of escape described in Secs. 149.421 and 149.423 of 
this chapter clear of obstructions that would interfere with immediate 
use of the lifeboat, life raft, or means of escape.



Sec. 150.523   Illumination.

    (a) The licensee shall illuminate each walking and working area.
    (b) No person may enter any dark place that does not have installed 
illumination unless he has a flashlight or other suitable portable 
light.
    (c) No person may use matches or open flame lights as illumination.



Sec. 150.525   Emergency Medical Technician.

    The licensee shall ensure that at least one person who holds a 
certificate of completion of the Department of Transportation, National 
Highway Traffic Safety Administration Basic Training Course (81 hours), 
from a state or from the National Registry of Emergency Medical 
Technicians, is on the PPC at all times.



Sec. 150.527   First aid station.

    (a) The licensee shall ensure each first aid station on a PPC has 
enough medical supplies and equipment for the Emergency Medical 
Technician to provide emergency medical care.
    (b) The first aid station may not be used for any purpose that 
prevents its immediate use as a first aid station.



            Subpart F--Aids to Navigation at Deepwater Ports



Sec. 150.601   Applicability.

    The rules in this subpart apply to the operation of aids to 
navigation at a deepwater port.



Sec. 150.603   Applicability of other regulations.

    Section 66.01-20 of this chapter also applies to aids to navigation 
at a deepwater port.



Sec. 150.605   Aids to navigation: power supply.

    The licensee shall maintain:
    (a) Voltage at every operating lamp of each light at or above the 
operating voltage listed on the light; and
    (b) The input power to the fog signal at or above the minimum input 
power listed on the fog signal.



Sec. 150.607   Lights.

    (a) The licensee shall display each light required in Part 149 of 
this subchapter between sunset and sunrise local time.
    (b) During construction of a platform or SPM, the licensee shall 
mark the structure with at least one of the following:
    (1) The obstruction lights required in Part 149 of this chapter for 
the structure.
    (2) The fixed lights of a vessel attending the structure.
    (3) General illumination lights on the structure that meet or exceed 
the intensity requirements for the obstruction lights required in Part 
149 of this subchapter for the structure.
    (c) The licensee shall ensure that each light using a lens is 
operated with the light source at the focal point of the lens as 
determined by the means required in Sec. 149.724 of this subchapter.
    (d) The licensee shall ensure that the focal plane of each platform 
obstruction light when operated, and of the rotating lighted beacon when 
operated, is always coincident with the horizontal plane passing through 
the light source.

[[Page 240]]



Sec. 150.611   Fog signals.

    (a) The licensee shall operate the fog signal on each PPC whenever 
the visibility in any horizontal direction from the structure is less 
than 5 miles.
    (b) During construction of a platform, compliance with paragraph (a) 
of this section is not required if the PPC is attended by a vessel 
moored alongside the platform and the vessel sounds a 2 second whistle 
blast every 20 seconds whenever the visibility in any horizontal 
direction from the vessel is less than 5 miles.



                     Subpart G--Reports and Records



Sec. 150.701   Applicability.

    This subpart prescribes reports to be submitted by the licensee and 
records and other information to be maintained by the licensee.

                                 Reports



Sec. 150.703   Maintenance of ABS classification.

    Whenever the licensee submits a report to the American Bureau of 
Shipping (ABS) that is required for maintenance of SPM class in 
accordance with ABS Rules for Building and Classing Single Point 
Moorings, he shall submit a copy of the report to the Commandant, U.S. 
Coast Guard.



Sec. 150.705   Aid to navigation discrepancy.

    The licensee shall report promptly to the District Commander, by the 
fastest means of communications available, any discrepancy affecting the 
proper operation or characteristics of any aid to navigation at the 
deepwater port, whenever a discrepancy exists. Correction of the 
discrepancy shall also be reported promptly. The initial discrepancy 
report must include:
    (a) Name or designation of aid;
    (b) Location of aid;
    (c) Nature of discrepancy; and
    (d) Estimated time of correction.



Sec. 150.707  Oil throughput report.

    (a) Each deepwater port licensee shall mail or deliver to the 
Administrator of the Deepwater Port Liability Fund, at the address 
listed in Sec. 137.105 of this chapter, on a monthly basis, beginning 
the fifteenth day of the month immediately following the commencement of 
oil transfer operations, and the fifteenth of each month thereafter, a 
report on the oil throughput of the deepwater port.
    (b) The oil throughput report required by paragraph (a) of this 
section may be submitted in any format but must contain the volume of 
oil cargo, measured in barrels, loaded or unloaded at the deepwater port 
during the previous month.

(Secs. 10(a), 18(j)(1), 88 Stat. 2137, 2144 (33 U.S.C. 1509(a), 
1517(j)(1)); 49 CFR 1.46)

[CGD 79-158, 47 FR 27488, June 24, 1982]



Sec. 150.711   Casualty or accident.

    (a) The licensee shall submit to the Officer-in-Charge, Marine 
Inspection, a report of casualty or accident whenever any of the 
following occur:
    (1) Any component of a deepwater port which is hit by a vessel and 
total damage to all property is in excess of $25,000. Damage cost 
includes the cost of labor and material to restore the property to the 
service condition which existed prior to the casualty, but does not 
include the cost of salvage, cleaning, gas freeing, drydocking or 
demurrage.
    (2) Damage to the deepwater port in excess of $25,000.
    (3) Material damage affecting the usefulness of lifesaving or fire 
fighting equipment.
    (4) Loss of life.
    (5) Injury causing any person to remain incapacitated for more than 
72 hours, arising from or directly connected with the use or employment 
of any emergency equipment described in Part 149 of this chapter.
    (6) Loss of life or injury causing any person to be incapacitated 
for a period in excess of 72 hours as a result of diving using 
underwater breathing apparatus.
    (b) The deepwater port casualty or accident report, written in 
narrative form, must contain the following information:
    (1) Name, number, or other designation of the deepwater port.
    (2) Names and addresses of the owner, his agent, operator and the 
person in charge.

[[Page 241]]

    (3) Nature and probable cause of the casualty or accident.
    (4) Date and time the casualty or accident occurred, if known, 
otherwise approximately when it occurred.
    (5) Details of damage, especially with respect to lifesaving and 
fire fighting equipment.
    (6) Nature and extent of injury to any person.
    (7) Names and addresses of persons involved.
    (8) Other comments, especially with respect to use or need for 
emergency equipment.
    (9) The vessel casualty reporting requirements relating to alcohol 
or drug involvement as specified in the vessel casualty reporting 
requirements of 46 CFR 4.05-12.
    (c) In the investigations of casualties and accidents occurring at 
deepwater ports, the procedures in 46 CFR Part 4 for marine casualties 
apply.

[CGD 75-002, 40 FR 52572, Nov. 10, 1975, as amended by CGD 76-170a, 45 
FR 77434, Nov. 24, 1980; CGD 82-069a, 50 FR 14216, Apr. 11, 1985; CDG 
84-099, 52 FR 47533, Dec. 14, 1987]



Sec. 150.713   Sabotage or subersive activity.

    The licensee shall report to the Captain of the Port any evidence of 
sabotage or subversive activity involving or endangering any vessel at 
the deep-water port, or the deepwater port, immediately, by the fastest 
possible means of communication upon discovery. Written confirmation 
must follow.

                                 Records



Sec. 150.751   General.

    (a) The licensee shall maintain copies of all reports, records, test 
and inspection results, and operating data required by these rules in a 
manner suitable for Coast Guard inspection at the deepwater port or an 
adjacent onshore facility.
    (b) Except as specified in Secs. 150.753 through 150.759, these 
copies must be maintained for three years.



Sec. 150.753   Key personnel: Designations and qualifications.

    The licensee shall retain documentation of the designation and 
qualifications of key port personnel for the duration of each 
individual's employment at the port. The documentation must include:
    (a) Designations required by Secs. 150.205 through 150.215; and
    (b) Qualifications of personnel required by Secs. 150.205 through 
150.215.



Sec. 150.755   Port inspection records.

    (a) The licensee shall maintain a record of all machinery, both 
fixed and portable, such as generators, cargo pumps, fire pumps, and 
discharge containment and removal systems. This record must contain, for 
each piece of machinery:
    (1) Nameplate and general descriptive data;
    (2) Serial number;
    (3) Location and purpose; and
    (4) Record of tests and inspections.
    (b) The licensee shall maintain a record of all fire fighting, 
lifesaving, and other emergency equipment, such as fire hoses, nozzles, 
applicators, fire extinguishers, life rafts, life preservers, and alarm 
systems. This record must contain, for each piece of emergency 
equipment:
    (1) Nameplate and general descriptive data;
    (2) Serial number;
    (3) Location and purpose; and
    (4) Record of tests and inspections.
    (c) The licensee shall retain for one year a record of each monthly 
emergency drill required by Sec. 150.519. The record must contain the 
date, time, and signature of the person in charge at the time of the 
drill.
    (d) The licensee shall retain for three years a record of each test 
and inspection performed by port personnel. The record must contain the 
date and results of the test or inspection and the signature of the 
person conducting the test or inspection. These tests and inspections 
include, but are not limited to, those required in Secs. 150.405 through 
150.409 for oil transfer systems, discharge containment equipment, and 
discharge removal material and equipment, and those required for 
maintenance of ABS Classification, as specified in the ``Rules for 
Building and Classing of Single Point Moorings,'' published by the 
American Bureau of Shipping.

[[Page 242]]



Sec. 150.757   Oil throughput log.

    The licensee shall maintain an oil throughput log, from which the 
report of oil throughput required by Sec. 150.707 is prepared. Records 
in this log must be retained for three years, and must specify for each 
oil transfer operation:
    (a) Vessel name, nationality, owner, and date of arrival;
    (b) Country of origin of crude oil; and
    (c) Total quantity in barrels of oil transferred.



Sec. 150.759   Declaration of inspection.

    The licensee shall retain signed copies of the declaration of 
inspection forms required by Sec. 150.417 for one month from date of 
signature.

      Appendix A to Part 150--Deepwater Port Safety Zone Boundaries

    I. Purpose. This appendix contains a general description of the 
deepwater port safety zone designated and developed during the license 
application review process for each deepwater port that has been 
authorized for contruction and operation off the United States 
coastline. Annexes show, to the nearest second of latitude and 
longitude, the geographical boundaries of each resultant safety zone. 
(Shipping safety fairways associated with the Deepwater Ports are 
descibed in Part 166 of this Title.)
    The regulations in Subpart C of this part concerning vessel 
navigation and activities permitted and prohibited at U.S. deepwater 
ports apply only in the safety zone areas and adjacent waters and 
supplement the International Regulations for Preventing Collisions at 
Sea.
    II. Authority. Section 10(d) of the Deepwater Port Act of 1974 (88 
Stat. 2138 (33 U.S.C. 1509(d))) and Section 4(c) of the Ports and 
Waterways Safety Act, as amended (33 U.S.C. 1223(c)); 49 CFR 1.46.
    III. General. Deepwater port safety zones are established to promote 
safety of life and property, marine environmental protection and 
navigational safety at any deepwater port and adjacent waters. In a 
deepwater port safety zone no installations, structures, or uses that 
are incompatible with port operations are permitted. The configuration 
of each designated safety zone is depicted on current editions of the 
navigational charts that cover the deepwater port area.
    IV. Modifications. Safety zone boundaries are subject to 
modification as experience is gained in U.S. deepwaters port operations. 
Modifications will be made only after due notification and consideration 
of the views of interested persons.
    V. Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

           Annex A--LOOP, Inc. Deepwater Port, Gulf of Mexico           
                    [(a) Deepwater Port Safety Zone]                    
------------------------------------------------------------------------
                                                               Longitude
                         Latitude N.                              W.    
------------------------------------------------------------------------
                      (1) Starting at:                                  
                                                                        
28 deg.55'23''..............................................  90 deg.00'
                                                                    37''
                                                                        
                     (2) A rhumb line to                                
                                                                        
28 deg.53'50''..............................................  90 deg.04'
                                                                    07''
                                                                        
   (3) Then an arc with a 4,465 meter (4,883 yard) radius               
    centered at the port pumping platform complex (PPC),                
                                                                        
28 deg.53'06''..............................................  90 deg.01'
                                                                    30''
                                                                        
                       (4) to a point                                   
                                                                        
28 deg.51'07''..............................................  90 deg.03'
                                                                    06''
                                                                        
                  (5) Then a rhumb line to                              
                                                                        
28 deg.50'09''..............................................  90 deg.02'
                                                                    24''
                                                                        
                  (6) Then a rhumb line to                              
                                                                        
28 deg.49'05''..............................................  89 deg.55'
                                                                    54''
                                                                        
                  (7) Then a rhumb line to                              
                                                                        
28 deg.48'36''..............................................  89 deg.55'
                                                                    00''
                                                                        
                  (8) Then a rhumb line to                              
                                                                        
28 deg.52'04''..............................................  89 deg.52'
                                                                    42''
                                                                        
                  (9) Then a rhumb line to                              
                                                                        
28 deg.53'10''..............................................  89 deg.53'
                                                                    42''
                                                                        
                  (10) Then a rhumb line to                             
                                                                        
28 deg.54'52''..............................................  89 deg.57'
                                                                    00''
                                                                        
                  (11) Then a rhumb line to                             
                                                                        
28 deg.54'52''..............................................  89 deg.59'
                                                                    36''
                                                                        
   (12) Then an arc with a 4,465 meter (4,883 yard) radius              
               centered again at the port PPC,                          
                                                                        
               (13) To the point of starting,                           
                                                                        
28 deg.55'23''..............................................  90 deg.00'
                                                                    37''
------------------------------------------------------------------------


[[Page 243]]

    (b) Areas to be Avoided. The seven areas within the safety zone to 
be avoided are as follows:

(1) The area encompassed within a circle having a 600 meter radius 
around the port PPC and centered at:
Latitude N.      Longitude W.
      28 deg.53'06''        90 deg.01'30''
(2) The six areas encompassed within a circle having a 500 meter radius 
around each single point mooring (SPM) at the port and centered at:
Latitude N.      Longitude W.
      28 deg.54'12''        90 deg.00'37''
      28 deg.53'16''        89 deg.59'59''
      28 deg.52'15''        90 deg.00'19''
      28 deg.51'45''        90 deg.01'25''
      28 deg.52'08''        90 deg.02'33''
      28 deg.53'07''        90 deg.03'02''
    (c) Anchorage Area. The area within the safety zone enclosed by 
rhumb lines joining points at:

Latitude N.      Longitude W.
      28 deg.52'21''        89 deg.57'47''
      28 deg.54'05''        89 deg.56'38''
      28 deg.52'04''        89 deg.52'42''
      28 deg.50'20''        89 deg.53'51''
      28 deg.52'21''        89 deg.57'47''

(Sec. 10(a)(b)(d), 88 Stat. 2137-38 (33 U.S.C. 1509(a)(b)(d)); Sec. 4, 
92 Stat. 1473-74 (33 U.S.C. 1223); 49 CFR 1.46)

[CGD 76-096, 45 FR 85649, Dec. 29, 1980, as amended by CGD 85-044, 50 FR 
26990, July 1, 1985; CGD 86-082, 52 FR 33811, Sept. 8, 1987; CGD 93-080, 
59 FR 17482, Apr. 13, 1994]

[[Page 244]]



                         SUBCHAPTER O--POLLUTION





PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents




     Subpart A--Implementation of MARPOL 73/78 and the Protocol on 
   Environmental Protection to the Antarctic Treaty as it Pertains to 
                          Pollution from Ships

                                 General

Sec.
151.01  Purpose.
151.03  Applicability.
151.04  Penalties for violation.
151.05  Definitions.
151.06  Special areas.
151.07  Delegations.
151.08  Denial of entry.

                              Oil Pollution

151.09  Applicability.
151.10  Control of discharge of oil.
151.11  Exceptions for emergencies.
151.13  Special areas for Annex of MARPOL 73/78.
151.15  Reporting requirements.
151.17  Surveys.
151.19  International Oil Pollution Prevention (IOPP) Certificates.
151.21  Ships of countries not party to MARPOL 73/78.
151.23  Inspections for compliance and enforcement.
151.25  Oil Record Book.
151.26  Shipboard oil pollution emergency plans.
151.27  Plan submission and approval.
151.28  Plan review and revision.
151.29  Foreign ships.

                   Noxious Liquid Substance Pollution

151.30  Applicability.
151.31  Where to find the requirements applying to oceangoing ships 
          carrying Category A, B, C, and D NLS.
151.32  Special areas for the purpose of Annex II.
151.33  Certificates needed to carry Category C Oil-like NLS.
151.35  Certificates needed to carry Category D NLS and Category D Oil-
          like NLS.
151.37  Obtaining an Attachment for NLSs to the IOPP Certificate and 
          obtaining an NLS Certificate.
151.39  Operating requirements: Category D NLS.
151.41  Operating requirements for oceangoing ships with IOPP 
          Certificates: Category C and D Oil-like NLSs.
151.43  Control of discharge of NLS residues.
151.45  Reporting spills of NLS: Category A, B, C, and D.
151.47  Category D NLSs other than oil-like Category D NLSs that may be 
          carried under this part.
151.49  Category C and D Oil-like NLSs allowed for carriage.

                      Garbage Pollution and Sewage

151.51  Applicability.
151.53  Special areas for Annex V of MARPOL 73/78.
151.55  Recordkeeping requirements.
151.57  Waste management plans.
151.59  Placards.
151.61  Inspection for compliance and enforcement.
151.63  Shipboard control of garbage.
151.65  Reporting requirements.
151.66  Operating requirements: Discharge of garbage in the navigable 
          waters prohibited.
151.67  Operating requirements: Discharge of plastic prohibited.
151.69  Operating requirements: Discharge of garbage outside special 
          areas.
151.71  Operating requirements: Discharge of garbage within special 
          areas.
151.73  Operating requirements: Discharge of garbage from fixed or 
          floating platforms.
151.75  Grinders or comminuters.
151.77  Exceptions for emergencies.
151.79  Operating requirements: Discharge of sewage within Antarctica.

Appendix A to Secs. 151.51 through 151.77--Summary of Garbage Discharge 
          Restrictions

       Subpart B--Transportation of Municipal and Commercial Waste

151.1000  Purpose.
151.1003  Applicability.
151.1006  Definitions.
151.1009  Transportation of municipal or commercial waste.
151.1012  Applying for a conditional permit.
151.1015  Issuing or denying the issuance of a conditional permit.
151.1018  Withdrawal of a conditional permit.
151.1021  Appeals.
151.1024  Display of number.

Subpart C--Ballast Water Management for Control of Nonindigenous Species

151.1500  Purpose.
151.1502  Applicability.
151.1504  Definitions.

[[Page 245]]

151.1506  Restriction of operation.
151.1508  Revocation of clearance.
151.1510  Ballast water management.
151.1512  Vessel safety.
151.1514  Ballast water management alternatives under extraordinary 
          conditions.
151.1516  Compliance monitoring.



     Subpart A--Implementation of MARPOL 73/78 and the Protocol on 
   Environmental Protection to the Antarctic Treaty as it Pertains to 
                          Pollution from Ships

                                 General

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.

    Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise 
noted.



Sec. 151.01  Purpose.

    The purpose of this subpart is to implement the Act to Prevent 
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes 
I, II and V of the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating 
thereto (MARPOL 73/78), done at London on February 17, 1978. This 
subpart also implements the Antarctic Science, Tourism, and Conservation 
Act of 1996, and the Protocol on Environmental Protection to the 
Antarctic Treaty done at Madrid on October 4, 1991.

    Note: MARPOL 73/78 is available from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161. Please 
include reference number ``ADA 168 505'' in your request.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.01 was amended by adding a sentence to the end of the paragraph 
preceding the note, effective Sept. 30, 1997.



Sec. 151.03  Applicability.

    This subpart applies to each ship that must comply with Annex I, II 
or V of MARPOL 73/78 unless otherwise indicated.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.03 was amended by adding the phrase ``unless otherwise 
indicated'' at the end of the sentence, effective Sept. 30, 1997.



Sec. 151.04  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or the regulations 
of this subpart is liable for a civil penalty for each violation, as 
provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation 
constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or fraudulent 
representation in any matter in which a statement or representation is 
required to be made to the Coast Guard under MARPOL 73/78, the Act, or 
the regulations of this subpart, is liable for a civil penalty for each 
statement or representation, as provided by 33 U.S.C. 1908(b)(2).
    (c) A person who knowingly violates MARPOL 73/78, the Act, or the 
regulations of this subpart commits a class D felony, as described in 18 
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to 
not more than one-half of the fine may be paid to the person giving 
information leading to conviction.
    (d) A ship operated in violation of MARPOL 73/78, the Act, or the 
regulations of this subpart is liable in rem for any civil penalty 
covered by paragraph (a) of this section, or any fine covered by 
paragraph (b) of this section, and may be proceeded against in the 
United States District Court of any district in which the ship may be 
found.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-
052, 62 FR 16703, Apr. 8, 1997]



Sec. 151.05  Definitions.

    As used in this subpart--
    Act means the Act to Prevent Pollution from Ships, as amended (33 
U.S.C. 1901-1911).
    Antarctica means the area south of 60 degrees south latitude.

[[Page 246]]

    Cargo associated wastes means all materials which have become wastes 
as a result of use on board a ship for cargo stowage and handling. Cargo 
associated wastes include, but are not limited to dunnage, shoring, 
pallets, lining and packing materials, plywood, paper, cardboard, wire, 
and steel strapping.
    Clean ballast means the ballast in a tank which, since oil was last 
carried therein, has been so cleaned that effluent therefrom, if it were 
discharged from a ship that is stationary into clean calm water on a 
clear day would not produce visible traces of oil on the surface of the 
water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines. 
If the ballast is discharged through an oil discharge monitoring and 
control system approved by the government of the country under whose 
authority the ship is operating, evidence based on such a system, to the 
effect that the oil content of the effluent does not exceed 15 parts per 
million (ppm) is determinative that the ballast is clean.
    Commandant means Commandant, U.S. Coast Guard.
    Discharge means any release, however caused, from a ship and 
includes any escape, disposal, spilling, leaking, pumping, emitting or 
emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on 13 November 1972; or
    (2) Release of oil or oily mixtures directly arising from the 
exploration, exploitation and associated off-shore processing of sea-bed 
mineral resources.
    Discharge, as defined by MARPOL 73/78 in relation to harmful 
substances or effluent containing such substances, means any release 
however caused from a ship, and includes any escape, disposal, spilling, 
leaking, pumping, emitting or emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on November 13, 1972; or
    (2) The release of harmful substances directly arising from the 
exploration, exploitation, and associated offshore processing of seabed 
mineral resources; or
    (3) The release of harmful substances for purposes of legitimate 
scientific research relating to pollution abatement or control.
    Dishwater means the liquid residue from the manual or automatic 
washing of dishes and cooking utensils which have been pre-cleaned to 
the extent that any food particles adhering to them would not normally 
interfere with the operation of automatic dishwashers.
    Domestic wastes means all types of wastes generated in the living 
spaces on board a ship, except victual wastes.
    Existing ship means a ship that is not a new ship.
    Garbage means all kinds of victual, domestic, and operational waste, 
excluding fresh fish and parts thereof, generated during the normal 
operation of the ship and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that are 
defined or listed in other Annexes to MARPOL 73/78.
    Graywater means drainage from dishwasher, shower, laundry, bath, and 
washbasin drains and does not include drainage from toilets, urinals, 
hospitals, and cargo spaces.
    Great Lakes means the Great Lakes of North America and the St. 
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West 
Point, Anticosti Island, and, on the north side of Anticosti Island, the 
meridian of longitude 63 degrees west.
    Harmful substance means any substance which, if introduced into the 
sea, is liable to create hazards to human health, harm living resources 
and marine life, damage amenities, or interfere with other legitimate 
uses of the sea, and includes any substance subject to control by MARPOL 
73/78.
    High viscosity Category B NLS means any Category B NLS having a 
viscosity of at least 25 mPa.s at 20 deg. C and at least 25 mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLS having a 
viscosity of at least 60 mPa.s at 20 deg. C and at

[[Page 247]]

least 60 mPa.s at the time it is unloaded.
    High viscosity NLS includes Category A NLSs having a viscosity of at 
least 25 mPa.s at 20 deg. C and at least 25 mPa.s at the time they are 
unloaded, high viscosity Category B NLSs, and high viscosity Category C 
NLSs.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant divided by the speed 
of the ship in knots at the same instant.
    Length means the horizontal distance between the foremost part of a 
ship's stem to the aftermost part of its stern, excluding fittings and 
attachments.
    Maintenance waste means materials collected while maintaining and 
operating the ship, including, but not limited to, soot, machinery 
deposits, scraped paint, deck sweepings, wiping wastes, and rags.
    Major conversion means a conversion of an existing ship--
    (1) That substantially alters the dimensions or carrying capacity of 
the ship; or
    (2) That changes the type of the ship; or
    (3) The intent of which, in the opinion of the government of the 
country under whose authority the ship is operating, is substantially to 
prolong its life; or
    (4) Which otherwise so alters the ship that, if it were a new ship, 
it would become subject to relevant provisions of MARPOL 73/78 not 
applicable to it as an existing ship.
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating thereto.
    Medical waste means isolation wastes, infectious agents, human blood 
and blood products, pathological wastes, sharps, body parts, 
contaminated bedding, surgical wastes and potentially contaminated 
laboratory wastes, dialysis wastes, and such additional medical items as 
prescribed by the Administrator of the EPA by regulation.
    Nearest land. The term ``from the nearest land'' means from the 
baseline from which the territorial sea of the territory in question is 
established in accordance with international law, except that, for the 
purposes of these regulations, ``from the nearest land'' off the north 
eastern coast of Australia shall mean from a line drawn from a point on 
the coast of Australia in--

latitude 11 deg.00' South, longitude 142 deg.08' East to a point in--
latitude 10 deg.35' South, longitude 141 deg.55' East, thence to a 
point--latitude 10 deg.00' South, longitude 142 deg.00' East, thence to 
a point--latitude 9 deg.10' South, longitude 143 deg.52' East, thence to 
a point--latitude 9 deg.00' South, longitude 144 deg.30' East, thence to 
a point--latitude 13 deg.00' South, longitude 144 deg.00' East, thence 
to a point--latitude 15 deg.00' South, longitude 146 deg.00' East, 
thence to a point--latitude 18 deg.00' South, longitude 147 deg.00' 
East, thence to a point--latitude 21 deg.00' South, longitude 
153 deg.00' East, thence to a point on the coast of Australia in 
latitude 24 deg.42' South, longitude 153 deg.15' East.

    New ship means a ship--
    (1) For which the building contract is placed after December 31, 
1975; or
    (2) In the absence of a building contract, the keel of which is laid 
or which is at a similar stage of construction after June 30, 1976; or
    (3) The delivery of which is after December 31, 1979; or
    (4) That has undergone a major conversion--
    (i) For which the contract is placed after December 31, 1975;
    (ii) In the absence of a contract, the construction work of which is 
begun after June 30, 1976; or
    (iii) That is completed after December 31, 1979.
    (5) For the purposes of Secs. 151.26 through 151.28, which is 
delivered on or after April 4, 1993.
    NLS Certificate means an International Pollution Prevention 
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued 
under MARPOL 73/78.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 or Sec. 151.49;
    (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside 
it's name in the column headed ``Pollution Category'' in Table 1 of 46 
CFR Part 153; and
    (3) Each substance that is identified as an NLS in a written 
permission issued under 46 CFR 153.900 (d).
    Oceangoing ship means a ship that--

[[Page 248]]

    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States.

    Note: A Canadian or U.S. ship being operated exclusively on the 
Great Lakes of North America or their connecting and tributary waters, 
or exclusively on the internal waters of the United States and Canada; 
is not an ``oceangoing'' ship.

    Oil means petroleum in any form including crude oil, fuel oil, 
sludge, oil refuse, and refined products. ``Oil'' does not include 
animal or vegetable based oil nor does it include noxious liquid 
substances designated under Annex II of MARPOL 73/78.
    Oil-like NLS means each cargo listed in Sec. 151.49.
    Oil tanker means a ship constructed or adapted primarily to carry 
oil in bulk in its cargo spaces and includes combination carriers and 
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it 
is carrying a cargo or part cargo of oil in bulk.
    Oily mixture means a mixture with any oil content, including bilge 
slops, oily wastes, oil residues (sludge), oily ballast water, and 
washings from cargo oil tanks.
    Operational waste means all cargo associated waste, maintenance 
waste, cargo residues, and ashes and clinkers from shipboard 
incinerators and coal burning boilers
    Person means an individual, firm, public or private corporation, 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.
    Plastic means any garbage that is solid material, that contains as 
an essential ingredient one or more synthetic organic high polymers, and 
that is formed or shaped either during the manufacture of the polymer or 
polymers or during fabrication into a finished product by heat or 
pressure or both. ``Degradable'' plastics, which are composed of 
combinations of degradable starches and are either (a) synthetically 
produced or (b) naturally produced but harvested and adapted for use, 
are plastics under this part. Naturally produced plastics such as 
crabshells and other types of shells, which appear normally in the 
marine environment, are not plastics under this part.

    Note: Plastics possess material properties ranging from hard and 
brittle to soft and elastic. Plastics are used for a variety of marine 
applications including, but not limited to: food wrappings, products for 
personal hygiene, packaging (vaporproof barriers, bottles, containers, 
and liners), ship construction (fiberglass and laminated structures, 
siding, piping insulation, flooring, carpets, fabrics, adhesives, and 
electrical and electronic components), disposable eating-utensils and 
cups (including styrene products), bags, sheeting, floats, synthetic 
fishing nets, monofilament fishing line, strapping bands, hardhats, and 
synthetic ropes and lines.
    Port means--
    (1) A group of terminals that combines to act as a unit and be 
considered a port for the purposes of this subpart;
    (2) A port authority or other organization that chooses to be 
considered a port for the purposes of this subpart; or
    (3) A place or facility that has been specifically designated as a 
port by the COTP.
    Prewash means a tank washing operation that meets the procedure in 
46 CFR 153.1120.
    Recognized Classification Society means a classification society 
that is a participating member of the International Association of 
Classification Societies (IACS).
    Residues and mixtures containing NLSs (NLS residue) means--
    (1) Any Category A, B, C, or D NLS cargo retained on the ship 
because it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C, or D NLS cargo remaining on the 
ship after the NLS is discharged to the consignee, including but not 
limited to puddles on the tank bottom and in

[[Page 249]]

sumps, clingage in the tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLS cargo, 
including but not limited to bilge slops, ballast, hose drip pan 
contents, and tank wash water.
    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and fuel oil system and 
that is permanently allocated to the carriage of ballast or to the 
carriage of ballast or cargoes other than oil or noxious substances as 
variously defined in the Annexes of MARPOL 73/78.
    Ship means a vessel of any type whatsoever, operating in the marine 
environment. This includes hydrofoils, air-cushion vehicles, 
submersibles, floating craft whether self-propelled or not, and fixed or 
floating drilling rigs and other platforms.
    Shipboard oil pollution emergency plan means a plan prepared, 
submitted, and maintained according to the provisions of Secs. 151.26 
through 151.28 of this subpart for United States ships or maintained 
according to the provisions of Sec. 151.29(a) of this subpart for 
foreign ships operated under the authority of a country that is party to 
MARPOL 73/78 or carried on board foreign ships operated under the 
authority of a country that is not a party to MARPOL 73/78, while in the 
navigable waters of the United States, as evidence of compliance with 
Sec. 151.21 of this subpart.
    Solidifying NLS means a Category A, B, or C NLS that has a melting 
point--
    (1) Greater than 0  deg.C but less than 15  deg.C and a temperature, 
measured under the procedure in 46 CFR 153.908(d), that is less than 5 
deg.C above its melting point at the time it is unloaded; or
    (2) 15  deg.C or greater and a temperature, measured under the 
procedure in 46 CFR 153.908(d), that is less than 10  deg.C above its 
melting point at the time it is unloaded.
    Special area means a sea area, where for recognized technical 
reasons in relation to its oceanographical and ecological condition and 
to the particular character of the traffic, the adoption of special 
mandatory methods for the prevention of sea pollution by oil, NLSs, or 
garbage is required.
    Terminal means an onshore facility or an offshore structure located 
in the navigable waters of the United States or subject to the 
jurisdiction of the United States and used, or intended to be used, as a 
port or facility for the transfer or other handling of a harmful 
substance.

    Note: The Coast Guard interprets commercial fishing facilities, 
recreational boating facilities, and mineral and oil industry shorebases 
to be terminals for the purposes of Annex V of MARPOL 73/78, since these 
facilities normally provide wharfage and other services, including 
garbage handling, for ships.

    U.S. inspected ships means those ship required to be inspected and 
certificated under 46 CFR 2.01-7.
    Victual waste means any spoiled or unspoiled food waste.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 85-010, 52 FR 7758, Mar. 12, 1987; CGD 88-002, 54 FR 
18403, Apr. 28, 1989; CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 88-002, 
55 FR 35988, Sept. 4, 1990; CGD 88-002A, 56 FR 8880, Mar. 1, 1991; CGD 
93-030, 59 FR 51338, Oct. 7, 1994; CGD 94-056, 60 FR 43377, Aug. 21, 
1995; CGD 97-015, 62 FR 18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.05 was amended by adding the definition for ``Antarctica'', 
effective Sept. 30, 1997.



Sec. 151.06  Special areas.

    (a) For the purposes of this part, the navigational descriptions of 
the special areas are as follows:
    (1) The Mediterranean Sea area means the Mediterranean Sea proper 
including the gulfs and seas therein, with the boundary between the 
Mediterranean and the Black Sea constituted by the 41 deg. N parallel 
and bounded to the west by the Straits of Gibraltar at the meridian of 
5 deg.36' W.
    (2) The Baltic Sea means the Baltic Sea proper with the Gulf of 
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded 
by the parallel of the Skaw in the Skagerrak at 57 deg.44.8' N.
    (3) The Black Sea area means the Black Sea proper with the boundary 
between the Mediterranean Sea and the Black Sea constituted by the 
parallel 41 deg. N.

[[Page 250]]

    (4) The Red Sea area means the Red Sea proper including the Gulfs of 
Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane 
(12 deg.8.5' N, 43 deg.19.6' E) and Husn Murad (12 deg.40.4' N, 
43 deg.30.2' E).
    (5) The Gulfs areas means the sea area located northwest of the 
rhumb line between Ras al Hadd (22 deg.30' N, 59 deg.48' E) and Ras al 
Fasteh (25 deg.04' N, 61 deg.25' E).
    (6) The Gulf of Aden areas means the part of the Gulf of Aden 
between the Red Sea and the Arabian Sea bounded to the west by the rhumb 
line between Ras si Ane (12 deg.28.5' N, 43 deg.19.6' E) and Husn Murad 
(12 deg.40.4' N, 43 deg.30.2' E) and to the east by the rhumb line 
between Ras Asir (11 deg.50' N, 51 deg.16.9' E) and the Ras Fartak 
(15 deg.35' N, 52 deg.13.8' E).
    (7) The Antarctic areas means the sea south of 60 deg. south 
latitude.
    (8) The North Sea area means the North Sea proper, including seas 
within the North Sea southwards of latitude 62 deg. N and eastwards of 
longitude 4 deg. W; the Skagerrak, the southern limit of which is 
determined east of the Skaw by latitude 57 deg.44.8' N; and the English 
Channel and its approaches eastwards of longitude 5 deg. W.
    (9) The Wider Caribbean region means the Gulf of Mexico and 
Caribbean Sea proper, including the bays and seas therein and that 
portion of the Atlantic Ocean within the boundary constituted by the 
30 deg. N parallel from Florida eastward to 77 deg.30' W meridian, 
thence a rhumb line to the intersection of 20 deg. N parallel and 
59 deg. W meridian, thence a rhumb line to the intersection of 7 deg.20' 
N parallel and 50 deg. W meridian, thence a rhumb line drawn 
southwesterly to the eastern boundary of French Guiana.
    (b) Special areas for the purpose of Annex I of MARPOL 73/78 include 
those referenced in Sec. 151.13. Special areas for the purposes of Annex 
II of MARPOL 73/78 include those referenced in Sec. 151.32. Special 
areas for the purpose of Annex V of MARPOL 73/78 include those 
referenced in Sec. 151.53.

[CGD 94-056, 60 FR 43377, Aug. 21, 1995]



Sec. 151.07  Delegations.

    Each Coast Guard official designated as a Captain of the Port (COTP) 
or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer, 
Marine Safety Office (MSO), is delegated the authority to--
    (a) Issue International Oil Pollution Prevention (IOPP) 
Certificates;
    (b) Detain or deny entry to ships not in substantial compliance with 
MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance 
with MARPOL 73/78 on board;
    (c) Receive and investigate reports under Sec. 151.15; and
    (d) Issue subpoenas to require the attendance of any witness and the 
production of documents and other evidence, in the course of 
investigations of potential violations of the Act to Prevent Pollution 
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 
73/78.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.08  Denial of entry.

    (a) Unless a ship is entering under force majeure, no oceangoing 
tanker or any other oceangoing ship of 400 gross tons or more required 
by Sec. 151.10 to retain oil or oily residues and mixtures on board 
while at sea, and no oceangoing ship carrying a Category A, B, or C NLS 
cargo or NLS residue in cargo tanks that are required to be prewashed 
under 46 CFR Part 153, may enter any port or terminal under 
Sec. 158.110(a) of this chapter unless the port or terminal has a 
Certificate of Adequacy, as defined in Sec. 158.120 of this chapter.
    (b) A COTP may deny the entry of a ship to a port or terminal under 
Sec. 158.110(b) if--
    (1) The port or terminal does not have a Certificate of Adequacy, as 
required in Sec. 158.135 of this chapter; or
    (2) The port or terminal is not in compliance with the requirements 
of Subpart D of Part 158.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989]

                              Oil Pollution

    Source: Sections 151.09--151.25 appear by CGD 75-124a, 48 FR 45709, 
Oct. 6, 1983, unless otherwise noted.

[[Page 251]]



Sec. 151.09  Applicability.

    (a) Except as provided in paragraph (b) of this section, 
Secs. 151.09 through 151.25 apply to each ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05-10 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.09 through 151.25 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;
    (2) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (3) A Canadian or U.S. ship being operated exclusively on the 
internal waters of the United States and Canada; or
    (4) Any other ship specifically excluded by MARPOL 73/78.

    (c) Sections 151.26 through 151.28 apply to each United States 
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this 
section which is--
    (1) An oil tanker of 150 gross tons and above or other ship of 400 
gross tons and above; or
    (2) A fixed or floating drilling rig or other platform, when not 
engaged in the exploration, exploitation, or associated offshore 
processing of seabed mineral resources.
    (d) Sections 151.26 through 151.28 do not apply to--
    (1) The ships specified in paragraph (b) of this section;
    (2) Any barge or other ship which is constructed or operated in such 
a manner that no oil in any form can be carried aboard.
    Note: The term ``internal waters'' is defined in Sec. 2.05-20 of 
this chapter.
    (e) Section 151.26(b)(5) applies to all vessels subject to the 
jurisdiction of the United States and operating in Antarctica.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338, Oct. 7, 1994; CGD 97-
015, 62 FR 18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.09 was amended by adding paragraph (e), effective Sept. 30, 
1997.



Sec. 151.10  Control of discharge of oil.

    (a) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The ship is not within a special area;
    (4) The ship is proceeding enroute;
    (5) The oil content of the effluent without dilution is less than 
100 parts per million (ppm); and
    (6) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by Part 
155 Subpart B of this chapter.
    (b) When within 12 nautical miles of the nearest land, any discharge 
of oil or oily mixtures into the sea from a ship other than an oil 
tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The oil content of the effluent without dilution does not exceed 
15 ppm;

[[Page 252]]

    (4) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by Part 
155 Subpart B of this chapter; and
    (5) The oily-water separating equipment is equipped with a 15 ppm 
bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and 
for U.S. uninspected ships and foreign ships, either approved under 46 
CFR 162.050 or listed in the current International Maritime Organization 
(IMO) Marine Environment Protection Committee (MEPC) Circular summary of 
MARPOL 73/78 approved equipment.

    Note: In the navigable waters of the United States, the Federal 
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part 
110 govern all discharges of oil or oily-mixtures.

    (c) The cargo related oil residues of an oil tanker, including 
residues from cargo pump room bilges and all oil residues mixed with oil 
cargo residues shall not be discharged overboard except as provided for 
in Part 157 of this chapter.
    (d) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker; that is not 
proceeding enroute; shall be in accordance with paragraphs (b)(1), 
(b)(2), (b)(3), (b)(4), and (b)(5) of this section.
    (e) The provisions of paragraphs (a), (b), (c) and (d) of this 
section do not apply to the discharge of clean or segregated ballast.
    (f) The person who is in charge of an oceangoing ship that cannot 
discharge oil residues into the sea in compliance with paragraphs (a), 
(b), (c) or (d) of this section shall ensure that those residues are--
    (1) Retained on board; or
    (2) Discharged to a reception facility. If the reception facility is 
in a port or terminal in the United States, each person who is in charge 
of each oceangoing tanker or any other oceangoing ship of 400 gross tons 
or more shall notify the port or terminal, at least 24 hours before 
entering the port or terminal, of--
    (i) The estimated time of day the ship could discharge residues and 
mixtures containing oil;
    (ii) The type of residues and mixtures containing oil to be 
discharged; and
    (iii) The volume of residues and mixtures containing oil to be 
discharged.

    Note: There are Federal, state, or local laws or regulations that 
could require a written description of the residues and mixtures 
containing oil to be discharged. For example, a residue or mixture 
containing oil might have a flashpoint less than 60 deg.C (140 deg.F) 
and thus have the characteristic of ignitability under 40 CFR 261.21, 
which might require a description of the waste for a manifest under 40 
CFR Part 262, Subpart B. Occupational safety and health concerns may be 
covered, as well as environmental ones.
    The notice required in this section is in addition to those required 
by other Federal, state, and local laws and regulations. Affected 
persons should contact the appropriate Federal, state, or local agency 
to determine whether other notice and information requirements, 
including 40 CFR Parts 262 and 263, apply to them.
    (g) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this regulation.
    (h) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating under a National Pollutant Discharge 
Elimination System (NPDES) permit.
    (i) The provisions of paragraphs (a)(6), (b)(4) and (b)(5) of this 
section do not apply to existing ships until October 2, 1986.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR 
36793, Sept. 9, 1985. Redesignated by CGD 88-002, 54 FR 18404, Apr. 28, 
1989]



Sec. 151.11  Exceptions for emergencies.

    (a) Sections 151.10 and 151.13 do not apply to--
    (1) The discharge into the sea of oil or oily mixture necessary for 
the purpose of securing the safety of a ship or saving life at sea.
    (2) The discharge into the sea of oil or oily mixture resulting from 
damage to a ship or its equipment--
    (i) Provided that all reasonable precautions have been taken after 
the occurrence of the damage or discovery of

[[Page 253]]

the discharge for the purpose of preventing or minimizing the discharge; 
and
    (ii) Except if the owner or the master acted either with intent to 
cause damage, or recklessly and with knowledge that damage would 
probably result.
    (b) [Reserved]

[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18404, Apr. 28, 1989]



Sec. 151.13  Special areas for Annex I of MARPOL 73/78.

    (a) For the purposes of Secs. 151.09 through 151.25, the special 
areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea 
area, the Red Sea area, the Gulfs area, the Gulf of Aden, and the 
Antarctic area which are described in Sec. 151.06. The discharge 
restrictions are effective in the Mediterranean Sea, Baltic Sea, Black 
Sea, and the Antarctic area.
    (b) Subject to the provisions of Sec. 151.11--
    (1) A ship of 400 gross tons or over and any oil tanker may not 
discharge oil or oily mixture within a special area. In the Antarctic 
area, discharge into the sea of oil or oily mixture from any ship is 
prohibited.
    (2) A ship of less than 400 gross tons other than an oil tanker may 
not discharge oil or oily mixture within a special area, unless the oil 
content of the effluent without dilution does not exceed 15 parts per 
million (ppm).
    (3) For the Antarctic area, all ships must be fitted with a tank or 
tanks of sufficient capacity on board for the retention of all sludge, 
dirty ballast, tank washing water, and other oily residues and mixtures 
while operating in the area and must have concluded arrangements to 
discharge such oily residues at a reception facility after leaving the 
area.
    (c) The provisions of paragraph (b) of this section do not apply to 
the discharge of clean or segregated ballast.
    (d) The provisions of paragraph (b)(1) of this section do not apply 
to the discharge of processed bilge water from machinery space bilges, 
provided that all of the following conditions are satisfied--
    (1) The bilge water does not originate from cargo pump room bilges;
    (2) The bilge water is not mixed with oil cargo residues;
    (3) The ship is proceeding enroute;
    (4) The oil content of the effluent without dilution does not exceed 
15 ppm;
    (5) The ship has in operation oily-water separating equipment 
complying with Part 155 of this chapter; and
    (6) The oily-water separating equipment is equipped with a device 
that stops the discharge automatically when the oil content of the 
effluent exceeds 15 ppm.
    (e) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this section.
    (f) The oil residues that cannot be discharged into the sea in 
compliance with paragraphs (b), (c), or (d) of this section shall be 
retained on board or discharged to reception facilities.
    (g) Nothing in this section prohibits a ship on a voyage, only part 
of which is in a special area, from discharging outside the special area 
in accordance with Sec. 151.10.
    (h) In accordance with paragraph (7)(b)(iii) of Regulation 10 of 
Annex I of MARPOL 73/78, the discharge restrictions in Sec. 151.13 for 
the Red Sea area, Gulfs area, and the Gulf of Aden area will enter into 
effect when each party to MARPOL 73/78 whose coastline borders the 
special area has certified that reception facilities are available and 
the IMO has established an effective date for each special area. Notice 
of the effective dates for the discharge requirements in these special 
areas will be published in the Federal Register and reflected in this 
section.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; CGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 94-056, 60 FR 43377, Aug. 21, 1995]



Sec. 151.15  Reporting requirements.

    (a) The Master or other person having charge of a ship involved in 
an incident referred to in paragraph (e) of this section, shall report 
the particulars of such incident without delay and to the fullest extent 
possible in accordance with the provisions of this section.

[[Page 254]]

    (b) In the event of the ship referred to in paragraph (a) of this 
section being abandoned, or in the event of a report from such ship 
being incomplete or unobtainable, the owner, charterer, manager or 
operator of the ship, or their agents shall, to the fullest extent 
possible assume the obligations placed upon the Master or other person 
having charge of the ship under the provisions of this section.
    (c) Each report shall be made by radio whenever possible, but in any 
case by the fastest available means at the time the report is made.
    (d) Reports shall be directed to the appropriate officer or agency 
of the government of the country in whose waters the incident occurs. 
Additionally, for incidents involving U.S. ships, the reports shall be 
directed to either the nearest Coast Guard Captain of the Port (COTP) or 
to the National Response Center (NRC), toll free telephone number 800-
424-8802, telex number 892427.
    (e) The report shall be made whenever an incident involves--
    (1) A discharge other than as permitted under this part; or
    (2) A discharge permitted under this part by virtue of the fact 
that--
    (i) It is for the purpose of securing the safety of a ship or saving 
life at sea; or
    (ii) It results from damage to the ship or its equipment; or
    (3) The probability of a discharge referred to in paragraphs (e)(1) 
or (e)(2) of this section.
    (f) Each report shall contain--
    (1) The identity of the ship;
    (2) The time and date of the occurrence of the incident;
    (3) The geographic position of the ship when the incident occurred;
    (4) The wind and sea condition prevailing at the time of the 
incident;
    (5) Relevant details respecting the condition of the ship; and
    (6) A statement or estimate of the quantity of oil or oily mixtures 
discharged or likely to be discharged into the sea.
    (g) Each person who is obligated under the provisions of this 
section to send a report shall--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.
    (h) A report made under this section will satisfy the reporting 
requirement of Sec. 153.203 of this chapter.



Sec. 151.17  Surveys.

    (a) Every U.S. oil tanker of 150 gross tons and above, and every 
other U.S. ship of 400 gross tons and above; that is required to have an 
International Oil Pollution Prevention (IOPP) Certificate on board and 
to which this part applies, except as provided for in paragraphs (b) and 
(d) of this section; is subject to the following surveys conducted by 
the Coast Guard--
    (1) An initial survey, conducted before the ship is put in service 
or before an IOPP Certificate required under Sec. 151.19 is issued for 
the first time; this survey includes a complete examination of its 
structure, equipment, systems, fittings, arrangements and material in so 
far as the ship is covered by this chapter.
    (2) Periodic renewal surveys conducted at intervals corresponding 
with the renewal of the IOPP Certificates. The purpose of the survey is 
to determine whether the structure, equipment, systems, fittings, 
arrangements, and material comply with the requirements of Parts 155 and 
157 of this chapter.
    (3) Annual surveys for inspected ships conducted as close as 
practicable to twelve (12) and thirty-six (36) months from the date of 
issuance of the IOPP Certificate, and not more than two months prior to 
or later than these twelve and thirty-six month dates; this survey is to 
determine that the oily-water separating equipment and associated pumps 
and piping systems remain satisfactory for the service intended, and 
that no unauthorized alterations have been made, and is to be endorsed 
on the IOPP Certificate.
    (4) Intermediate surveys for inspected ships conducted as close as 
practicable to twenty-four (24) months from the date of issuance of the 
IOPP Certificates, and not more than six

[[Page 255]]

months prior to or later than that twenty-four month date; this survey 
is to determine whether the equipment and associated pump and piping 
systems, including oil discharge monitoring and control systems, and 
oily-water separating equipment comply with the requirements of Parts 
155 and 157 of this chapter, and are in good working order, and is to be 
endorsed on the IOPP Certificate.
    (5) Intermediate surveys for uninspected ships conducted as close as 
practicable to thirty (30) months from the date of issuance of the IOPP 
Certificate, and not more than six months prior to or later than that 
thirty month date; this survey is to determine whether the equipment and 
associated pump and piping systems, including oil discharge monitoring 
and control systems, and oily-water separating equipment comply with the 
requirements of Parts 155 and 157 of this chapter, and are in good 
working order, and is to be endorsed on the IOPP Certificate.
    (b) Every U.S. inspected oil tanker of 150 gross tons and above, and 
every other U.S. inspected ship of 400 gross tons and above; that is not 
required to have an IOPP Certificate on board is subject to the 
following surveys to be conducted by the Coast Guard--
    (1) An initial survey conducted--
    (i) Before the ship is put in service;
    (ii) For new ships that are in service prior to October 2, 1983, in 
conjunction with either their first inspection, for issuance of a Coast 
Guard Certificate of Inspection, or reinspection, whichever occurs first 
after October 2, 1983; or
    (iii) For existing ships that are in service prior to October 2, 
1983, in conjunction with either their first inspection, for issuance of 
a Coast Guard Certification of Inspection, or reinspection, whichever 
occurs first after October 2, 1984.
    (2) All other surveys are conducted concurrently with either 
inspections for certification or required reinspections.
    (c) After any survey of a ship under this section has been 
completed, no significant change may be made in the construction, 
equipment, fittings, arrangements or material covered by the survey 
without the sanction of the COTP or OCMI except for the direct 
replacement of such equipment or fittings.
    (d) Fixed and floating drilling rigs and other platforms, barges, 
and uninspected ships; that are not required to have an IOPP Certificate 
on board are not required to be surveyed under this section.



Sec. 151.19   International Oil Pollution Prevention (IOPP) Certificates.

    (a) Each U.S. oil tanker of 150 gross tons and above and each other 
U.S. ship of 400 gross tons and above; that engages in voyages to ports 
or off-shore terminals under the jurisdiction of other parties to MARPOL 
73/78 must have on board a valid International Oil Pollution Prevention 
(IOPP) Certificate.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
other than the United States that is party to MARPOL 73/78, must have on 
board a valid IOPP Certificate.
    (c) An IOPP Certificate is issued by a COTP or OCMI after a 
satisfactory survey in accordance with the provisions of Sec. 151.17.
    (d) The Supplement to the IOPP Certificate is a part of the IOPP 
Certificate and must remain attached to that Certificate. If the 
Supplement to the Certificate is changed, a new IOPP Certificate will be 
required.
    (e) The IOPP Certificate for each U.S. inspected ship is valid for a 
period not to exceed four years from the date of issue, and for each 
U.S. uninspected ship the IOPP Certificate is valid for a period not to 
exceed five years from the date of issue, except as follows--
    (1) A Certificate ceases to be valid if significant alterations have 
taken place in the construction, equipment, fittings, or arrangements 
required by the pollution prevention requirements of parts 155 or 157 of 
this chapter without the approval of the COTP or the OCMI.
    (2) A Certificate Ceases to be valid if intermediate surveys as 
required by Sec. 151.17 of this part are not carried out.
    (3) A Certificate issued to a ship ceases to be valid upon transfer 
of the ship to the flag of another country.

[[Page 256]]

    (f) Paragraphs (a) and (b) of this section do not apply to 
``existing ships'' until October 2, 1984.

(Approved by the Office of Management and Budget under control number 
2115-0526)



Sec. 151.21   Ships of countries not party to MARPOL 73/78.

    (a) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
not a party to MARPOL 73/78, must have on board valid documentation 
showing that the ship has been surveyed in accordance with and complies 
with the requirements of MARPOL 73/78. Evidence of compliance may be 
issued by either the government of a country that is party to MARPOL 73/
78 or a recognized classification society.
    (b) Evidence of compliance must contain all of the information in, 
and have substantially the same format as, the IOPP Certificate.

(Approved by the Office of Management and Budget under control number 
2115-0526)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 93-030, 59 FR 
51338, Oct. 7, 1994]



Sec. 151.23  Inspection for compliance and enforcement.

    (a) While at a port or terminal under the jurisdiction of the United 
States, a ship is subject to inspection by the Coast Guard--
    (1) To determine that a valid IOPP Certificate is on board and that 
the condition of the ship and its equipment corresponds substantially 
with the particulars of the IOPP Certificate;
    (2) To determine that evidence of compliance with MARPOL 73/78, as 
required by Sec. 151.21 is on board and that the condition of the ship 
and its equipment corresponds substantially with the particulars of this 
evidence of compliance;
    (3) To determine whether a ship has been operating in accordance 
with and has not discharged any oil or oily mixtures in violation of the 
provisions of MARPOL 73/78 or this subchapter;
    (4) To determine whether a ship has discharged oil or oily mixtures 
anywhere in violation of MARPOL 73/78, upon request from a party to 
MARPOL 73/78 for an investigation when the requesting party has 
furnished sufficient evidence to support a reasonable belief that a 
discharge has occurred.
    (b) A ship that does not comply with the requirements of Parts 151, 
155 and 157 of this chapter, or where the condition of the ship or its 
equipment does not substantially agree with the particulars of the IOPP 
Certificate or other required documentation, may be detained by order of 
the COTP or OCMI, at the port or terminal where the violation is 
discovered until, in the opinion of the detaining authority, the ship 
can proceed to sea without presenting an unreasonable threat of harm to 
the marine environment. The detention order may authorize the ship to 
proceed to the nearest appropriate available shipyard rather than 
remaining at the place where the violation was discovered.
    (c) An inspection under this section may include an examination of 
the Oil Record Book, the oil content meter continuous records, and a 
general examination of the ship. A copy of any entry in the Oil Record 
Book may be made and the Master of the ship may be required to certify 
that the copy is a true copy of such entry.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.25  Oil Record Book.

    (a) Each oil tanker of 150 gross tons and above, ship of 400 gross 
tons and above other than an oil tanker, and manned fixed or floating 
drilling rig or other platform shall maintain an Oil Record Book Part I 
(Machinery Space Operations). An oil tanker of 150 gross tons and above 
or a non oil tanker that carries 200 cubic meters or more of oil in 
bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast 
Operations).
    (b) An Oil Record Book printed by the U.S. Government is available 
to the masters or operators of all U.S. ships subject to this section, 
from any Coast Guard Marine Safety Office, Marine Inspection Office, or 
Captain of the Port Office.
    (c) The ownership of the Oil Record Book of all U.S. ships remains 
with the U.S. Government.

[[Page 257]]

    (d) Entries shall be made in the Oil Record Book on each occasion, 
on a tank to tank basis if appropriate, whenever any of the following 
machinery space operations take place on any ship to which this section 
applies--
    (1) Ballasting or cleaning of fuel oil tanks;
    (2) Discharge of dirty ballast or cleaning water from fuel oil 
tanks;
    (3) Disposal of oily residues (sludge); and
    (4) Discharge overboard or disposal otherwise of bilge water that 
has accumulated in machinery spaces.
    (e) Entries shall be made in the Oil Record Book on each occasion, 
on a tank to tank basis if appropriate, whenever any of the following 
cargo/ballast operations take place on any oil tanker to which this 
section applies--
    (1) Loading of oil cargo;
    (2) Internal transfer of oil cargo during voyage;
    (3) Unloading of oil cargo;
    (4) Ballasting of cargo tanks and dedicated clean ballast tanks;
    (5) Cleaning of cargo tanks including crude oil washing;
    (6) Discharge of ballast except from segregated ballast tanks;
    (7) Discharge of water from slop tanks;
    (8) Closing of all applicable valves or similar devices after slop 
tank discharge operations;
    (9) Closing of valves necessary for isolation of dedicated clean 
ballast tanks from cargo and stripping lines after slop tank discharge 
operations; and
    (10) Disposal of residues.
    (f) Entries shall be made in the Oil Record Book on each occasion, 
on a tank-to-tank basis if appropriate, whenever any of the following 
operations take place on a fixed or floating drilling rig or other 
platform to which this section applies--
    (1) Discharge of ballast or cleaning water from fuel oil tanks; and
    (2) Discharge overboard of platform machinery space bilge water.
    (g) In the event of an emergency, accidental or other exceptional 
discharge of oil or oily mixture, a statement shall be made in the Oil 
Record Book of the circumstances of, and the reasons for, the discharge.
    (h) Each operation described in paragraphs (d), (e) and (f) of this 
section shall be fully recorded without delay in the Oil Record Book so 
that all the entries in the book appropriate to that operation are 
completed. Each completed operation shall be signed by the person or 
persons in charge of the operations concerned and each completed page 
shall be signed by the master or other person having charge of the ship.
    (i) The Oil Record Book shall be kept in such a place as to be 
readily available for inspection at all reasonable times and shall be 
kept on board the ship.
    (j) The master or other person having charge of a ship required to 
keep an Oil Record Book shall be responsible for the maintenance of such 
record.
    (k) The Oil Record Book for a U.S. ship shall be maintained on board 
for not less than three years.
    (l) This section does not apply to a barge or a fixed or floating 
drilling rig or other platform that is not equipped to discharge 
overboard any oil or oily mixture.
    (m) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating in compliance with a valid National 
Pollutant Discharge Elimination System (NPDES) permit.

(Approved by the Office of Management and Budget under control number 
2115-0025)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 88-002A, 55 FR 18582, May 2, 1990]



Sec. 151.26  Shipboard oil pollution emergency plans.

    (a) Language of the plan. The shipboard oil pollution emergency plan 
must be available on board in English and in the working language of the 
master and the officers of the ship, if other than English.
    (b) Plan format. The plan must contain the following six sections. A 
seventh non-mandatory section may be included at the shipowner's 
discretion:
    (1) Introduction. This section must contain the following:
    (i) Introductory text. The introductory text of the plan must 
contain the following language (For ships operating in Antarctica, the 
introductory

[[Page 258]]

text of the plan must contain the following language and explain that 
they are in accordance with the Protocol on Environmental Protection to 
the Antarctic Treaty):

    This plan is written in accordance with the requirements of 
Regulation 26 of Annex I of the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 
1978 relating thereto (MARPOL 73/78).
    The purpose of the plan is to provide guidance to the master and 
officers on board the ship with respect to the steps to be taken when a 
pollution incident has occurred or is likely to occur.
    The plan contains all information and operational instructions 
required by the guidelines (Resolution MEPC.54(32)). The appendices 
contain names, telephone numbers, telex numbers, etc. of all contacts 
referenced in the plan, as well as other reference material.
    This plan has been approved by the Coast Guard and, except as 
provided below, no alteration or revision may be made to any part of it 
without the prior approval of the Coast Guard.
    Changes to the seventh section of the plan and the appendices do not 
require approval by the Coast Guard. The appendices must be maintained 
up-to-date by the owners, operators, and managers.

    (ii) General information.
    (A) The ship's name, call sign, official number, International 
Maritime Organization (IMO) international number, and principal 
characteristics.
    (B) [Reserved]
    (2) Preamble. This section must contain an explanation of the 
purpose and use of the plan and indicate how the shipboard plan relates 
to other shore-based plans.
    (3) Reporting Requirements. This section of the plan must include 
information relating to the following:
    (i) When to report. A report shall be made whenever an incident 
involves--
    (A) A discharge of oil resulting from damage to the ship or its 
equipment, or for the purpose of securing the safety of a ship or saving 
life at sea;
    (B) A discharge of oil during the operation of the ship in excess of 
the quantities or instantaneous rate permitted in Sec. 151.10 of this 
subpart or in Sec. 157.37 of this subchapter; or
    (C) A probable discharge. Factors to be considered in determining 
whether a discharge is probable include, but are not limited to: ship 
location and proximity to land or other navigational hazards, weather, 
tide, current, sea state, and traffic density. The master must make a 
report in cases of collision, grounding, fire, explosion, structural 
failure, flooding or cargo shifting, or an incident resulting in failure 
or breakdown of steering gear, propulsion, electrical generating system, 
or essential shipborne navigational aids.
    (ii) Information required. This section of the plan must include a 
notification form, such as that depicted in Table 151.26(b)(3)(ii)(A), 
that contains information to be provided in the initial and follow-up 
notifications. The initial notification should include as much of the 
information on the form as possible, and supplemental information, as 
appropriate. However, the initial notification must not be delayed 
pending collection of all information. Copies of the form must be placed 
at the location(s) on the ship from which notification may be made.

[[Page 259]]

[GRAPHIC] [TIFF OMITTED] TR07OC94.020



[[Page 260]]

[GRAPHIC] [TIFF OMITTED] TR07OC94.021



    (iii) Whom to contact. (A) This section of the plan must make 
reference to the appendices listing coastal state contacts, port 
contacts, and ship interest contacts.
    (B) For actual or probable discharges of oil, the reports must 
comply with the procedures described in MARPOL Protocol I. The reports 
shall be directed to either the nearest Captain of the Port (COTP) or to 
the National Response Center (NRC), toll free number 800-424-8802.
    (C) For Antarctica, in addition to compliance with paragraph 
(b)(3)(iii)(B) of this section, reports shall also be directed to any 
Antarctic station that may be affected.
    (4) Steps to control a discharge. This section of the plan must 
contain a discussion of procedures to address the following scenarios:
    (i) Operational spills: The plan must outline procedures for removal 
of oil spilled and contained on deck. The plan must also provide 
guidance to ensure proper disposal of recovered oil and cleanup 
materials;
    (A) Pipe leakage: The plan must provide specific guidance for 
dealing with pipe leakage;
    (B) Tank overflow: The plan must include procedures for dealing with 
tank overflows. It must provide alternatives such as transferring cargo 
or bunkers

[[Page 261]]

to empty or slack tanks, or readying pumps to transfer the excess 
ashore;
    (C) Hull leakage: The plan must outline procedures for responding to 
spills due to suspected hull leakage, including guidance on measures to 
be taken to reduce the head of oil in the tank involved either by 
internal transfer or discharge ashore. Procedures to handle situations 
where it is not possible to identify the specific tank from which 
leakage is occurring must also be provided. Procedures for dealing with 
suspected hull fractures must be included. These procedures must take 
into account the effect of corrective actions on hull stress and 
stability.
    (ii) Spills resulting from casualties: Each of the casualties listed 
below must be treated in the plan as a separate section comprised of 
various checklists or other means which will ensure that the master 
considers all appropriate factors when addressing the specific casualty. 
These checklists must be tailored to the specific ship. In addition to 
the checklists, specific personnel assignments for anticipated tasks 
must be identified. Reference to existing fire control plans and muster 
lists is sufficient to identify personnel responsibilities in the 
following situations:
    (A) Grounding;
    (B) Fire or explosion;
    (C) Collision;
    (D) Hull failure; and
    (E) Excessive list.
    (iii) In addition to the checklist and personnel duty assignments 
required by paragraph (b)(4)(ii) of this section, the plan must 
include--
    (A) Priority actions to ensure the safety of personnel and the ship, 
assess the damage to the ship, and take appropriate further action;
    (B) Information for making damage stability and longitudinal 
strength assessments, or contacting classification societies to acquire 
such information. Nothing in this section shall be construed as creating 
a requirement for damage stability plans or calculations beyond those 
required by law or regulation; and
    (C) Lightening procedures to be followed in cases of extensive 
structural damage. The plan must contain information on procedures to be 
followed for ship-to-ship transfer of cargo. Reference may be made in 
the plan to existing company guides. A copy of such company procedures 
for ship-to-ship transfer operations must be kept in the plan. The plan 
must address the coordination of this activity with the coastal or port 
state, as appropriate.
    (5) National and Local Coordination. (i) This section of the plan 
must contain information to assist the master in initiating action by 
the coastal State, local government, or other involved parties. This 
information must include guidance to assist the master with organizing a 
response to the incident should a response not be organized by the shore 
authorities. Detailed information for specific areas may be included as 
appendices to the plan.
    (ii) For Antarctica, a vessel owner or operator must include a plan 
for prompt and effective response action to such emergencies as might 
arise in the performance of its vessel's activities.
    (iii) To comply with paragraph (b)(5)(ii) of this section, an agency 
of the United States government may promulgate a directive providing for 
prompt and effective response by the agency's public vessels operating 
in Antarctica.
    (6) Appendices. Appendices must include the following information:
    (i) Twenty-four hour contact information and alternates to the 
designated contacts. These details must be routinely updated to account 
for personnel changes and changes in telephone, telex, and telefacsimile 
numbers. Clear guidance must also be provided regarding the preferred 
means of communication.
    (ii) The following lists, each identified as a separate appendix:
    (A) A list of agencies or officials of coastal state administrations 
responsible for receiving and processing incident reports;
    (B) A list of agencies or officials in regularly visited ports. When 
this is not feasible, the master must obtain details concerning local 
reporting procedures upon arrival in port; and
    (C) A list of all parties with a financial interest in the ship such 
as ship and cargo owners, insurers, and salvage interests.

[[Page 262]]

    (D) A list which specifies who will be responsible for informing the 
parties listed and the priority in which they must be notified.
    (iii) A record of annual reviews and changes.
    (7) Non-mandatory provisions. If this section is included by the 
shipowner, it should include the following types of information or any 
other information that may be appropriate:
    (i) Diagrams;
    (ii) Response equipment or oil spill removal organizations;
    (iii) Public affairs practices;
    (iv) Recordkeeping;
    (v) Plan exercising; and
    (vi) Individuals qualified to respond.
    (8) Index of sections. The plan must be organized as depicted in 
Table 151.26(b)(8).

          Table 151.26(b)(8)--Index of Sections--Sample Format

                                Mandatory

Section 1: Introduction
Section 2: Preamble
Section 3: Reporting requirements
Section 4: Steps to control a discharge
Section 5: National and local coordination
Section 6: Appendices

                                Voluntary

Section 7: Non-mandatory provisions

[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97-015, 62 FR 
18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.26 was amended by revising the introductory text of paragraph 
(b)(1)(i) and paragraph (b)(5), and adding paragraph (b)(3)(iii)(C), 
effective Sept. 30, 1997. For the convenience of the user, the 
superseded text is set forth as follows:
Sec. 151.26  Shipboard oil pollution emergency plans.

                                * * * * *

    (b) * * *
    (1) * * *
    (i) Introductory text. The introductory text of the plan must 
contain the following language:

                                * * * * *

    (5) National and Local Coordination. This section of the plan must 
contain information to assist the master in initiating action by the 
coastal State, local government, or other involved parties. This 
information must include guidance to assist the master with organizing a 
response to the incident should a response not be organized by the shore 
authorities. Detailed information for specific areas may be included as 
appendices to the plan.

                                * * * * *



Sec. 151.27   Plan submission and approval.

    (a) No manned ship subject to this part may operate unless it 
carries on board a shipboard oil pollution emergency plan approved by 
the Coast Guard. An unmanned ship subject to this regulation must carry 
the notification list required in Sec. 151.26(b)(3) on board in the 
documentation container; remaining sections of the plan must be 
maintained on file at the home office. For new ships, plans must be 
submitted at least 90 days before the ship intends to begin operations. 
For existing ships, plans must be submitted at least 90 days prior to 
April 4, 1995, and an approved plan must be on board by April 4, 1995.
    (b) An owner or operator of a ship to which this part applies shall 
prepare and submit one English language copy of the shipboard oil 
pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, 2100 
Second Street SW., Washington, DC 20593-0001.
    (c) An owner or operator with multiple ships to which this part 
applies may submit one plan for each type of ship with a separate ship-
specific appendix for each vessel covered by the plan.
    (d) Combined shipboard oil pollution emergency plans and response 
plans meeting the requirements of subparts D and E of part 155 of this 
chapter must be prepared according to Sec. 155.1030(j) of this chapter.
    (e) If the Coast Guard determines that the plan meets all 
requirements of this section, the Coast Guard will notify the owner or 
operator of the ship and return a copy of the approved plan along with 
an approval letter. The approval period for a plan expires 5 years after 
the plan approval date.

[[Page 263]]

    (f) If the Coast Guard determines that the plan does not meet all of 
the requirements, the Coast Guard will notify the owner or operator of 
the plan's deficiencies. The owner or operator must then resubmit two 
copies of the revised plan, or corrected portions of the plan, within 
time period specified in the written notice provided by the Coast Guard.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 151.28   Plan review and revision.

    (a) An owner or operator of a ship to which this subpart applies 
must review the shipboard oil pollution emergency plan annually and 
submit a letter to Commandant (G-MOR) certifying that the review has 
been completed. This review must occur within 1 month of the anniversary 
date of Coast Guard approval of the plan.
    (b) The owner or operator shall submit any plan amendments to 
Commandant (G-MOR) for information or approval.
    (c) The entire plan must be resubmitted to Commandant (G-MOR) for 
reapproval 6 months before the end of the Coast Guard approval period 
identified in Sec. 151.27(e) of this subpart.
    (d) A record of annual review and changes to the plan must be 
maintained in the last appendix of section six of the plan.
    (e) Except as provided in paragraph (f) of this section, revisions 
must receive prior approval by the Coast Guard before they can be 
incorporated into the plan.
    (f) Revisions to the seventh section of the plan and the appendices 
do not require approval by the Coast Guard. The Coast Guard shall be 
advised and provided a copy of the revisions as they occur.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 151.29   Foreign ships.

    (a) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
other than the United States that is party to MARPOL 73/78, shall, while 
in the navigable waters of the United States or while at a port or 
terminal under the jurisdiction of the United States, carry on board a 
shipboard oil pollution emergency plan approved by its flag state.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of 
this subpart while in the navigable waters of the United States.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994]

                   Noxious Liquid Substance Pollution

    Source: Sections 151.30--151.49 appear by CGD 85-010, 52 FR 7759, 
Mar. 12, 1987, unless otherwise noted.



Sec. 151.30  Applicability.

    (a) Except as provided in paragraph (b) of this section, 
Secs. 151.30 through 151.49 apply to each ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05-10 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.30 through 151.49 do not apply to--
    (1) A tank barge whose certificate is endorsed by the Coast Guard 
for a limited short protected coastwise route if the barge is 
constructed and certificated primarily for service on an inland route;
    (2) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;

[[Page 264]]

    (3) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (4) A Canadian or U.S. ship being operated exclusively on the 
internal waters of the United States and Canada; or
    (5) Any other ship specifically excluded by MARPOL 73/78.

    Note: The term ``internal waters'' is defined in Sec. 2.05-20 of 
this chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.31  Where to find requirements applying to oceangoing ships carrying Category A, B, C, and D NLS.

    (a) The requirements for oceangoing ships carrying NLSs listed in 
Secs. 151.47 and 151.49 are in Secs. 151.33 through 151.45.
    (b) The requirements for oceangoing ships carrying NLSs listed in 
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which 
are not listed in Sec. 151.47 or Sec. 151.49, are in 46 CFR parts 98, 
151, and 153.
    (c) Alternatives to the requirements in this part for oceangoing 
ships carrying NLSs are in 46 CFR part 153.
    (d) Procedures for obtaining permission to carry an NLS not listed 
in Sec. 151.47, Sec. 151.49, Table 151.05 of 46 CFR part 151, or Table 1 
of 46 CFR part 153 are in 46 CFR 153.900(c).



Sec. 151.32  Special areas for the purpose of Annex II.

    (a) For the purposes of Secs. 151.30 through 151.49, the special 
areas are the Baltic Sea area, the Black Sea area, and the Antarctic 
area which are described in Sec. 151.06. Discharges into the sea of NLSs 
or mixtures containing such substances are prohibited in the Antarctic 
area.
    (b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II 
of MARPOL 73/78, the discharge restrictions in Sec. 151.32 for the 
Baltic Sea area and the Black Sea area will enter into effect when each 
Party to MARPOL 73/78 whose coastline borders the special area has 
certified that reception facilities are available and the IMO has 
established an effective date for each special area. Notice of the 
effective date for discharge requirements in these areas will be 
published in the Federal Register and reflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.33  Certificates needed to carry Category C Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category C oil-like NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages in a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), that allows the NLS to be carried in that cargo tank; or
    (2) A Certificate of Fitness issued under 46 CFR part 153 that 
allows the NLS to be carried in that cargo tank.
    (b) A foreign oceangoing ship operating in the navigable waters of 
the U.S. may not carry a Category C oil-like NLS listed in Sec. 151.49 
in a cargo tank unless the ship has--
    (1) An Attachment for NLSs to the IOPP Certificate that allows the 
NLS to be carried in that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR Part 153 to 
allow the NLS to be carried in that cargo tank.
    (c) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like 
NLS listed in Sec. 151.49 in a cargo tank unless the ship has a 
Certificate of Inspection endorsed to allow the NLS to be carried in 
that cargo tank, and if the ship engages in a foreign voyage, an NLS 
Certificate issued under Sec. 151.37(b) that allows the NLS to be 
carried in that cargo tank.



Sec. 151.35  Certificates needed to carry Category D NLS and Category D Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category D NLS listed in 
Sec. 151.47 in a cargo tank unless the ship has a Certificate of 
Inspection endorsed to allow the NLS to be carried in that cargo tank, 
and if the ship engages if a foreign voyage--
    (1) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank; or

[[Page 265]]

    (2) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the NLS to be carried in that cargo tank.
    (b) A U.S. oceangoing ship may not carry a Category D oil-like NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages if a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), to allow the NLS to be carried in that cargo tank; or
    (2) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank, or
    (3) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the NLS to be carried in that cargo tank.
    (c) A foreign oceangoing ship in the navigable waters of the U.S. 
may not carry a Category D NLS listed in Sec. 151.47 in a cargo tank 
unless the ship has one of the following:
    (1) An NLS Certificate endorsed to allow the NLS to be carried in 
that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in that cargo tank.
    (d) A foreign oceangoing ship in the navigable waters of the U.S. 
may not carry a Category D oil-like NLS listed in Sec. 151.49 in a cargo 
tank unless the ship has one of the following:
    (1) An Attachment for NLSs to the IOPP Certificate to allow the NLS 
to be carried in that cargo tank; or
    (2) An NLS Certificate endorsed to allow the NLS to be carried in 
the cargo tank; or
    (3) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in the cargo tank.
    (e) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS 
listed in Sec. 151.47 or a Category D oil-like NLS listed in Sec. 151.49 
in a cargo tank unless the ship has a Certificate of Inspection endorsed 
to allow the NLS to be carried in that cargo tank, and if the ship 
engages in a foreign voyage, an NLS Certificate issued under 
Sec. 151.37(b) that allows the NLS to be carried in that cargo tank.



Sec. 151.37  Obtaining an Attachment for NLSs to the IOPP Certificate and obtaining an NLS Certificate.

    (a) The Coast Guard issues an Attachment for NLSs to the IOPP 
Certificate to an oceangoing ship to allow the carriage of a Category C 
oil-like NLS or a Category D oil-like NLS if the following requirements 
are met:
    (1) Except for ships that are not configured and are not equipped to 
ballast or wash cargo tanks while proceeding en route, the ship must 
have a Coast Guard approved monitor under Sec. 157.12 that is approved 
for the cargoes that are desired to be carried.
    (2) Except as required by paragraph (a)(3), ships of 150 meters or 
less in length carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 
Regulation 14 (c) of Annex II.
    (3) A U.S. self propelled ship of 150 meters or less in length on a 
coastwise voyage carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 46 CFR 
part 172, subpart F except Secs. 172.130 and 172.133.
    (b) Except as allowed in paragraph (c) of this section, the Coast 
Guard issues an NLS Certificate endorsed to allow the oceangoing ship 
engaged in a foreign voyage to carry a Category D NLS listed in 
Sec. 151.47 if the ship has--
    (1) An approved Procedures and Arrangements Manual and Cargo Record 
Book, both meeting the requirements in 46 CFR 153.490; and
    (2) A residue discharge system meeting 46 CFR 153.470, unless the 
approved Procedures and Arrangements Manual limits discharge of Category 
D NLS residue to the alternative provided by 46 CFR 153.1128(b).
    (c) The Coast Guard issues a NLS Certificate with the statement that 
the vessel is prohibited from discharging NLS residues to the sea if the 
vessel does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 
98.31.

[[Page 266]]



Sec. 151.39  Operating requirements: Category D NLS.

    The master or person in charge of an oceangoing ship that carries a 
Category D NLS listed in Sec. 151.47 shall ensure that the ship is 
operated as prescribed for the operation of oceangoing ships carrying 
Category D NLSs in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104, 
153.1106, 153.1124, 153.1126, and 153.1128.



Sec. 151.41  Operating requirements for oceangoing ships with IOPP Certificates: Category C and D Oil-like NLSs.

    The master or person in charge of an oceangoing ship certificated 
under Sec. 151.37(a) shall ensure that--
    (a) The carriage and discharge of the oil-like NLS meets 
Secs. 157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 
of this chapter; and
    (b) The oil-like NLS is not discharged unless--
    (1) The monitor required by Sec. 151.37(a)(1) is set to detect the 
oil-like NLS; and
    (2) A statement that the monitor has been set to detect the oil-like 
NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations), 
required by Sec. 151.25.



Sec. 151.43  Control of discharge of NLS residues.

    (a) Unless the ship is a fixed or floating drilling rig or other 
platform operating under an National Pollution Discharge Elimination 
System (NPDES) permit, the master or person in charge of an oceangoing 
ship that cannot discharge NLS residue into the sea in accordance with 
46 CFR 153.1126 or 153.1128 shall ensure that the NLS residue is--
    (1) Retained on board; or
    (2) Discharged to a reception facility.
    (b) If Category A, B, or C NLS cargo or NLS residue is to be 
transfered at a port or terminal in the United States, the master or 
person in charge of each oceangoing ship carrying NLS cargo or NLS 
residue shall notify the port or terminal at least 24 hours before 
entering the port or terminal of--
    (1) The name of the ship;
    (2) The name, category and volume of NLS cargo to be unloaded;
    (3) If the cargo is a Category B or C high viscosity NLS cargo or 
solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a 
reference to ``Sec. 153.908(a)'' or ``Sec. 153.908(b)'' in the ``Special 
Requirements'' column of that table, the time of day the ship is 
estimated to be ready to discharge NLS residue to a reception facility;
    (4) If the cargo is any Category B or C NLS cargo not under 
paragraph (b)(3) of this section, whether or not the ship meets the 
stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
    (5) The name and the estimated volume of NLS in the NLS residue to 
be discharged;
    (6) The total volume of NLS residue to be discharged; and
    (7) The name and amount of any cleaning agents to be used during the 
prewash required by 46 CFR 153.1120.
    (c) The master or person in charge of a U.S. ship in a special area 
shall operate the ship in accordance with 46 CFR 153.903.

    Note: The master or person in charge of a ship carrying Category A 
NLS that is required to prewash tanks under the procedures in 46 CFR 
Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at 
least 24 hours before a prewash surveyor is needed.



Sec. 151.45  Reporting spills of NLS: Category A, B, C, and D.

    (a) The master or person in charge of an oceangoing ship involved in 
any incident described in paragraph (d) of this section, shall report 
the particulars of each incident without delay and to the fullest extent 
possible in accordance with the requirements of this section.
    (b) If a ship involved in an incident is abandoned, or if a report 
from that ship is incomplete or unobtainable, the owner, charterer, 
manager, or operator of that ship or their agents shall, to the fullest 
extent possible, assume the obligations placed upon the master or person 
in charge under the requirements of this section.
    (c) Each report must be made by radio or the fastest means available 
at the time the report is made to--
    (1) The appropriate officer or agency of the government of a country 
in whose waters the incident occurs; and

[[Page 267]]

    (2) For incidents involving U.S. ships, the nearest Coast Guard 
Captain of the Port (COTP) or the National Response Center (NRC), toll 
free telephone number 800-424-8802, telex number 892427.
    (d) The report must be made whenever an incident involves a 
discharge or the probability of a discharge--
    (1) Other than as allowed by Secs. 151.30 through 151.49; or
    (2) Allowed by Secs. 151.30 through 151.49 because it--
    (i) Secures the safety of the ship or saves lives at sea; or
    (ii) It results from damage to the ship or its equipment.
    (e) Each report must contain--
    (1) The identity of the ship;
    (2) The name of the NLS discharged;
    (3) The time and date of the occurrence of the incident;
    (4) The geographic position of the ship when the incident occurred;
    (5) The wind and sea condition prevailing at the time of the 
incident;
    (6) Relevant details respecting the condition of the ship; and
    (7) A statement or estimate of the quantity of the NLS cargo or NLS 
residue discharged or likely to be discharged into the sea.
    (f) Each person who is obligated under the provisions of this 
section to send a report shall--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.
    (g) A report made under this section satisfies the reporting 
requirement of Sec. 153.203 of this chapter.

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-002A, 55 FR 
18582, May 2, 1990]



Sec. 151.47  Category D NLSs other than oil-like Category D NLSs that may be carried under this part.

    The following is a list of Category D NLSs other than Oil-like 
Category D NLSs that the Coast Guard allows to be carried:

Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C6-C18)
Alkyl phenol sulfide (C8-C40)
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl phenate (C8-C40)
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Chlorine chloride solution
Citric acid (70% or less)
Cyclohexanol
Decahydronaphthalene
Decane
Decylbenzene (n-)
Diacetone alcohol
Dialkyl(C10-C14) benzenes
Dialkyl(C7-C13) phthalates
Diethanolamine
Diethylene glycol
Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
Di-(2-ethylhexyl)phthalate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate
Diisononyl adipate
Diisononyl phthalate
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate
Dipropylene glycol dibenzoate

[[Page 268]]

Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Ditridecyl phthalate
Diundecyl phthalate
Dodecenylsuccinic acid, dipotassium salt solution
2-Ethoxyethanol, see Ethylene glycol monoalkyl ethers
Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol ethyl ether, see Ethylene glycol monoalkyl ethers
Ethylene glycol isopropyl ether, see Ethylene glycol monoalkyl ethers
Ethylene glycol methyl butyl ether
Ethylene glycol methyl ether, see Ethylene glycol monoalkyl ethers
Ethylene glycol monoalkyl ethers

    Including:
    2-Ethoxyethanol
    Ethylene glycol butyl ether
    Ethylene glycol tert-butyl ether
    Ethylene glycol ethyl ether
    Ethylene glycol methyl ether
    Ethylene glycol n-propyl ether
    Ethylene glycol isopropyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture
2-Ethylhexanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt 
solution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glycerol monooleate
Glyoxal solution (40% or less)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution
Isophorone
Lactic acid
Latex (ammonia (1% or less) inhibited)
Lecithin (soyabean)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
Oil, edible:
      Babassu
      Beechnut
      Castor
      Cocoa butter
      Coconut
      Cod liver
      Corn
      Cottonseed
      Fish
      Groundnut
      Hazelnut
      Nutmeg butter
      Olive
      Palm
      Palm kernel
      Peanut
      Poppy
      Raisin seed
      Rapeseed
      Rice bran
      Safflower
      Salad
      Sesame
      Soya bean
      Sunflower seed
      Tucum
      Vegetable
      Walnut
Oil, misc:
      Animal, n.o.s.
      Coconut oil, esterified
      Coconut oil, fatty acid methyl ester
      Lanolin
      Linseed
      Neatsfoot
      Oiticica
      Palm oil, fatty acid methyl ester
      Palm oil, methyl ester
      Perilla
      Pilchard
      Soya bean (epoxidized)
      Sperm
      Tung
      Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
Palm kernel acid oil, methyl ester
Palm kernel oil, fatty acid methyl ester, see Palm kernel acid oil, 
methyl ester

[[Page 269]]

Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether
    Including:
    Diethylene glycol butyl ether
    Diethylene glycol ethyl ether
    Diethylene glycol n-hexyl ether
    Diethylene glycol methyl ether
    Diethylene glycol n-propyl ether
    Dipropylene glycol butyl ether
    Dipropylene glycol methyl ether
    Polypropylene glycol methyl ether
    Triethylene glycol butyl ether
    Triethylene glycol ethyl ether
    Triethylene glycol methyl ether
    Tripropylene glycol methyl ether

Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate

    Including:
    Diethylene glycol butyl ether acetate
    Diethylene glycol ethyl ether acetate
    Diethylene glycol methyl ether acetate

Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether

    Including:
    n-Propoxypropanol
    Propylene glycol n-butyl ether
    Propylene glycol ethyl ether
    Propylene glycol methyl ether

Polyalkyl methacrylate (C1-C20)
Polybutenyl succinimide
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Sulfolane
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)- ethylenediamine triacetic acid 
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride 
solution
Urea, Ammonium nitrate solution (2% or less NH3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
  Candelilla
  Carnauba
Zinc alkenyl carboxamide

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR 
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995]



Sec. 151.49  Category C and D Oil-like NLSs allowed for carriage.

    The following is a list of Category C and D Oil-like NLSs that the 
Coast Guard allows to be carried:
    (a) The following Category C oil-like NLSs may be carried:

Aviation alkylates
Cycloheptane
Cyclohexane
Cyclopentane
p-Cymene
Ethylcyclohexane
Heptane (all isomers)
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropylcyclohexane
iso-Propylcyclohexane
Methyl cyclohexane
2-Methyl-1-pentene, see Hexene (all isomers)
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
Pentene (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes


[[Page 270]]


    (b) The following Category D oil-like NLSs may be carried:

Diisopropyl naphthalene

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR 
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995]

                      Garbage Pollution and Sewage

    Source: Sections 151.51--151.77 and Appendix A appear by CGD 88-002, 
54 FR 18405, Apr. 28, 1989, unless otherwise noted.



Sec. 151.51  Applicability.

    (a) Except as provided by paragraph (b) of this section, 
Secs. 151.51 through 151.77 apply to--
    (1) Each ship that is of United States registry or nationality, or 
one operated under the authority of the United States, including 
recreational vessels defined in 46 U.S.C. 2101(25) and uninspected 
vessels defined in 46 U.S.C. 2101(43), wherever located; and
    (2) Each ship, other than a ship referred to in paragraph (a)(1) of 
this section, while in the navigable waters or the Exclusive Economic 
Zone of the United States.
    (b) Sections 151.51 through 151.77 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by 
the United States when engaged in noncommercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.

    Note: The Exclusive Economic Zone extends from the baseline of the 
territorial sea seaward 200 miles as defined in the Presidential 
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.53  Special areas for Annex V of MARPOL 73/78.

    (a) For the purposes of Secs. 151.51 through 151.77, the special 
areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea 
area, the Red Sea area, the Gulf areas, the North Sea area, the 
Antarctic area, and the Wider Caribbean region, including the Gulf of 
Mexico and the Caribbean Sea which are described in Sec. 151.06. The 
discharge restrictions are effective in the Baltic Sea, the North Sea, 
and the Antarctic area.
    (b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V 
of MARPOL 73/78, the discharge restrictions in Sec. 151.71 for special 
areas will enter into effect when each party to MARPOL 73/78 whose 
coastline borders the special area has certified that reception 
facilities are available and the IMO has established an effective date 
for each special area. Notice of the effective dates for the discharge 
requirements in each special area will be published in the Federal 
Register and reflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.55  Recordkeeping requirements.

    (a) This section applies to the following:
    (1) Each manned oceangoing ship (other than a fixed or floating 
platform) of 12.2 meters (approximately 40 feet) or more in length that 
is engaged in commerce and that is documented under the laws of the 
United States or numbered by a State.
    (2) Each manned fixed or floating platform subject to the 
jurisdiction of the United States.
    (b) The master or person in charge of each ship under paragraph 
(a)(1) or (a)(2) of this section shall ensure that a written record is 
maintained on the ship of each of the following garbage discharge or 
disposal operations:
    (1) Discharge overboard.
    (2) Discharge to another ship.
    (3) Discharge to a reception facility.
    (4) Incineration on the ship.
    (c) The record under paragraph (b) of this section must contain the 
following information on each discharge or disposal operation:
    (1) The type of operation as described under paragraphs (b)(1) 
through (b)(4) of this section.
    (2) The date and time of the operation.
    (3) If the operation was conducted at a port, the name of the port.
    (4) If the operation was not conducted at a port, the latitude and 
longitude of the location where the operation was conducted and the 
estimated distance of that location from shore. If

[[Page 271]]

the operation involved off-loading to another ship, the identity of the 
receiving ship by name and official number.
    (5) The amount of garbage involved, described by volume in cubic 
meters.
    (6) For discharges into the sea, a description of the contents of 
the garbage, described by the following categories:
    (i) Plastic material.
    (ii) Floating dunnage, lining, or packing material.
    (iii) Ground paper products, rags, glass, metal, bottles, crockery, 
or other similar garbage.
    (iv) Unground paper products, rags, glass, metal, bottles, crockery, 
or other similar garbage.
    (v) Victual wastes.
    (vi) Incinerated ash.
    (vii) Incinerated plastic residue.
    (d) The record under paragraph (b) of this section must be prepared 
at the time of the operation, certified as correct by the master or 
person in charge of the ship, maintained on the ship for two years 
following the operation, and made available for inspection by the Coast 
Guard.

[CGD 92-71, 59 FR 18703, Apr. 19, 1994]



Sec. 151.57  Waste management plans.

    (a) This section applies to the following:
    (1) Each manned oceangoing ship (other than a fixed or floating 
platform) of 40 feet or more in length that is documented under the laws 
of the United States or numbered by a state and that either is engaged 
in commerce or is equipped with a galley and berthing.
    (2) Each manned fixed or floating platform that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States, including, 
but not limited to, a lease or permit issued by an agency of the United 
States.
    (b) The master or person in charge of a ship under paragraphs (a)(1) 
and (a)(2) of this section shall ensure that the ship is not operated 
unless a waste management plan meeting paragraph (c) of this section is 
on the ship and that each person handling garbage follows the plan.
    (c) Each waste management plan under paragraph (b) of this section 
must be in writing and--
    (1) Provide for the discharge of garbage by means that meet Annex V 
of MARPOL 73/78, the Act, and Secs. 151.51 through 151.77;
    (2) Describe procedures for collecting, processing, storing, and 
discharging garbage; and
    (3) Designate the person who is in charge of carrying out the plan.

(Approved by the Office of Management and Budget under control number 
2115-0120)

[CGD 88-002A, 55 FR 18582, May 2, 1990]



Sec. 151.59  Placards.

    (a) This section applies to the following:
    (1) Each manned U.S. ship (other than a fixed or floating platform) 
that is 26 feet or more in length.
    (2) Each manned floating platform in transit that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States, including, 
but not limited to, a lease or permit issued by an agency of the United 
States.
    (b) The master or person in charge of each ship under paragraph 
(a)(1) or (a)(2) of this section shall ensure that one or more placards 
meeting the requirements of this section are displayed in prominent 
locations and in sufficient numbers so that they can be read by the crew 
and passengers. These locations must be readily accessible to the 
intended reader and may include embarkation points, food service 
facilities, garbage handling spaces, and common spaces on deck. If the 
Captain of the Port determines that the number or location of the 
placards is insufficient to adequately inform crew and passengers, the 
Captain of the Port may require additional placards and may specify 
their locations.
    (c) Each placard must be at least nine inches wide by four inches 
high, made of a durable material, and lettered with letters at least \1/
8\ inch high.
    (d) Except as under paragraph (e) of this section, the placard must 
notify the reader of the following:
    (1) The discharge of plastic or garbage mixed with plastic into any 
waters is prohibited.

[[Page 272]]

    (2) The discharge of all garbage is prohibited in the navigable 
waters of the United States and, in all other waters, within three 
nautical miles of the nearest land.
    (3) The discharge of dunnage, lining, and packing materials that 
float is prohibited within 25 nautical miles of the nearest land.
    (4) Other unground garbage may be discharged beyond 12 nautical 
miles from the nearest land.
    (5) Other garbage ground to less than one inch may be discharged 
beyond three nautical miles of the nearest land.
    (6) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the 
language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language penalty amounts contained in the 
CFR are controlling.
    (7) Regional, State, and local restrictions on garbage discharges 
also may apply.
    (e) For ships while operating on the Great Lakes or their connecting 
or tributary waters, the placard must--
    (1) Notify the reader of the information in paragraph (d) of this 
section; or
    (2) Notify the reader of the following:
    (i) The discharge of all garbage into the Great Lakes or their 
connecting or tributary waters is prohibited.
    (ii) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the 
language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language, penalty amounts contained in the 
CFR are controlling.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997; 62 FR 31340, June 9, 1997]



Sec. 151.61  Inspection for compliance and enforcement.

    While within the navigable waters of the United States or the 
Exclusive Economic Zone, a ship is subject to inspection by the Coast 
Guard or other authorized federal agency to determine if--
    (a) The ship has been operating in accordance with these regulations 
and has not discharged plastics or other garbage in violation of the 
provisions of the Act or Annex V of MARPOL 73/78;
    (b) Grinders or comminuters used for the discharge of garbage 
between 3 and 12 nautical miles from nearest land are capable of 
reducing the size of garbage so that it will pass through a screen with 
openings no greater than 25 millimeters (one inch);
    (c) Information for recordkeeping requirements, when required under 
Sec. 151.55, is properly and accurately logged;
    (d) A waste management plan, when required under Sec. 151.57, is on 
board and that the condition of the ship, equipment and operational 
procedures of the ship meet the plan; and
    (e) Placards, when required by Sec. 151.59, are posted on board.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.63  Shipboard control of garbage.

    (a) The master, operator, or person who is in charge of a ship shall 
ensure that all garbage is discharged ashore or in accordance with 
Secs. 151.66-151.73.
    (b) The following factors, among others, may be considered by 
enforcement personnel in evaluating compliance with Secs. 151.51 through 
151.77:
    (1) Records, including receipts, of garbage discharges at port 
reception facilities.
    (2) Records under Sec. 151.55 or log entries of garbage discharges.
    (3) The presence and operability of equipment to treat ship-
generated garbage, including, but not limited to, incinerators, 
grinders, or comminuters.
    (4) The presence of and adherence to a written shipboard waste 
management plan.
    (5) The absence of plastics in ship stores.

[[Page 273]]

    (6) Ongoing educational programs to train shipboard personnel of 
garbage handling procedures and the need for these.
    (7) The presence of shipboard spaces used for collecting, 
processing, storing and discharging ship-generated garbage.
    (c) The master, operator, or person who is in charge of a ship shall 
ensure that if garbage is transported from a ship by shipboard 
personnel, it is properly deposited into a port or terminal's reception 
facility.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, Apr. 19, 1994]



Sec. 151.65  Reporting requirements.

    The master or person who is in charge of each oceangoing ship shall 
notify the port or terminal, at least 24 hours before entering the port 
or terminal, of the name of the ship and the estimated volume of garbage 
requiring disposal, if any of the following types of garbage are to be 
discharged:
    (a) Garbage regulated by the Animal and Plant Health Inspection 
Service (APHIS) of the U.S. Department of Agriculture under 7 CFR 
330.400 or 9 CFR 94.5.
    (b) Medical wastes.
    (c) Hazardous wastes defined in 40 CFR 261.3.



Sec. 151.66  Operating requirements: Discharge of garbage in the navigable waters prohibited.

    No person on board any ship may discharge garbage into the navigable 
waters of the United States.

    Note: The navigable waters are defined in Sec. 2.05-25 of this 
chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.67  Operating requirements: Discharge of plastic prohibited.

    No person on board any ship may discharge into the sea, or into the 
navigable waters of the United States, plastic or garbage mixed with 
plastic, including, but not limited to, synthetic ropes, synthetic 
fishing nets, and plastic garbage bags. All garbage containing plastics 
requiring disposal must be discharged ashore or incinerated.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.69  Operating requirements: Discharge of garbage outside special areas.

    (a) When operating outside of a special area specified in 
Sec. 151.53, no person may discharge, into the sea, garbage that is 
separated from plastic, if the distance from nearest land is less than--
    (1) 25 nautical miles for dunnage, lining and packing materials that 
float; or
    (2) 12 nautical miles for victual wastes and all other garbage 
including paper products, rags, glass, metal, bottles, crockery and 
similar refuse, except that, such garbage may be discharged outside of 
three nautical miles from nearest land after it has been passed through 
a grinder or comminuter specified in Sec. 151.75.
    (b) Mixtures of garbage having different discharge requirements 
under paragraph (a)(1) or (a)(2) of this section must be--
    (1) Retained on board for later disposal ashore; or
    (2) Discharged in accordance with the more stringent requirement 
prescribed by paragraph (a)(1) or (a)(2) of this section.



Sec. 151.71  Operating requirements: Discharge of garbage within special areas.

    (a) When a ship is located in a special area referenced in 
Sec. 151.53 of this part, no person may discharge garbage from the ship, 
except as allowed in paragraph (b) or (c) in this section.
    (b) Except as provided in paragraph (c) of this section, disposal 
into the sea of victual waste must be made as far as practicable from 
land but, in any case, not less than 12 nautical miles from the nearest 
land.
    (c) Disposal into the Wider Caribbean region of victual wastes which 
have been passed through a comminuter or grinder shall be made as far as 
practicable from land but, in any case, not less than 3 nautical miles 
from the nearest land. Such comminuted or

[[Page 274]]

ground food wastes shall be capable of passing through a screen with 
opening no greater than 25 millimeters.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.73  Operating requirements: Discharge of garbage from fixed or floating platforms.

    (a) Except as allowed in paragraph (b) of this section, no person 
may discharge garbage from--
    (1) A fixed or floating platform engaged in the exploration, 
exploitation or associated offshore processing of seabed mineral 
resources; or
    (2) Any ship within 500 meters (1650 feet) of such platforms.
    (b) Victual waste may be discharged into the sea from a ship or 
fixed or floating platform regulated by paragraph (a) of this section 
if--
    (1) It passes through a comminuter or grinder meeting Sec. 151.75; 
and
    (2) That ship or fixed or floating platform is beyond 12 nautical 
miles from nearest land.



Sec. 151.75  Grinders or comminuters.

    Each grinder or comminuter used to discharge garbage in accordance 
with Sec. 151.69(a)(2) or Sec. 151.73(b)(1), must be capable of 
processing garbage so that it passes through a screen with openings no 
greater than 25 millimeters (one inch).



Sec. 151.77  Exceptions for emergencies.

    Sections 151.67, 151.69 and 151.71 do not apply to the following:
    (a) Discharges of garbage from a ship for the purpose of securing 
the safety of the ship and those on board or saving life at sea.
    (b) The escape of garbage resulting from damage to a ship or its 
equipment, if all reasonable precautions have been taken before and 
after the occurrence of the damage, to prevent or minimize the escape.
    (c) The accidental loss of synthetic fishing nets, provided all 
reasonable precautions have been taken to prevent such loss.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991]



Sec. 151.79  Operating requirements: Discharge of sewage within Antarctica.

    (a) A vessel certified to carry more than 10 persons must not 
discharge untreated sewage into the sea within 12 nautical miles of 
Antarctic land or ice shelves; beyond such distance, sewage stored in a 
holding tank must not be discharged instantaneously but at a moderate 
rate and, where practicable, while the ship is en route at a speed of no 
less than 4 knots. For purposes of this section, ``sewage'' means:
    (1) Drainage and other wastes from any form of toilets, urinals, and 
WC scuppers;
    (2) Drainage from medical premises (dispensary, sick bay, etc.) via 
wash basins, wash tubs, and scuppers located in such premises;
    (3) Drainage from spaces containing living animals; or
    (4) Other waste waters when mixed with the drainages defined above.
    (b) Paragraph (a) of this section does not apply to a warship, naval 
auxiliary, or other ship owned or operated by the United States and used 
only in government non-commercial service.
    (c) Paragraph (a) of this section does not apply in cases of an 
emergency relating to the safety of a ship and those on board or saving 
life at sea. Notice of an activity, otherwise prohibited under paragraph 
(a) of this section, undertaken in case of an emergency shall be 
reported immediately to the National Response Center (NRC) toll free 
number 800-424-8802.

[CGD 97-015, 62 FR 18045, Apr. 14, 1997]

    Effective Date Note: By CGD 97-015, 62 FR 18045, Apr. 14, 1997, 
Sec. 151.79 was added, effective Sept. 30, 1997.

[[Page 275]]

Appendix A to Secs. 151.51 through 151.77--Summary of Garbage Discharge 
                              Restrictions

------------------------------------------------------------------------
                       All Vessels Except Fixed or                      
                    Floating Platforms and Associated       Fixed or    
                                 Vessels                    Floating    
   Garbage Type   -------------------------------------    Platforms &  
                    Outside special   In special areas   Assoc. Vessels 
                     areas (33 CFR       \2\ (33 CFR       \3\ (33 CFR  
                        151.69)            151.71)           151.73)    
------------------------------------------------------------------------
Plastics--include  Disposal           Disposal          Disposal        
 s synthetic        prohibited         prohibited        prohibited     
 ropes and         (33 CFR 151.67).   (33 CFR 151.67).  (33 CFR 151.67).
 fishing nets and                                                       
 plastic bags.                                                          
Dunnage, lining    Disposal           Disposal          Disposal        
 and packing        prohibited less    prohibited        prohibited.    
 materials that     than 25 miles     (33 CFR 151.71).                  
 float.             from nearest                                        
                    land and in the                                     
                    navigable waters                                    
                    of the U.S.                                         
Paper, rags,       Disposal           Disposal          Disposal        
 glass, metal       prohibited less    prohibited        prohibited.    
 bottles,           than 12 miles     (33 CFR 151.71).                  
 crockery and       from nearest                                        
 similar refuse.    land and in the                                     
                    navigable waters                                    
                    of the U.S.                                         
Paper, rags,       Disposal           Disposal          Disposal        
 glass, etc.        prohibited less    prohibited        prohibited.    
 comminuted or      than 3 miles      (33 CFR 151.71).                  
 ground.\1\         from nearest                                        
                    land and in the                                     
                    navigable waters                                    
                    of the U.S.                                         
Victual waste not  Disposal           Disposal          Disposal        
 comminuted or      prohibited less    prohibited less   prohibited.    
 ground.            than 12 miles      than 12 miles                    
                    from nearest       from nearest                     
                    land and in the    land.                            
                    navigable waters                                    
                    of the U.S.                                         
Victual waste      Disposal           Disposal          Disposal        
 comminuted or      prohibited less    prohibited less   prohibited less
 ground.\1\         than 3 miles       than 12 miles     than 12 miles  
                    from nearest       from nearest      from nearest   
                    land and in the    land.             land and in the
                    navigable waters                     navigable      
                    of the U.S.                          waters of the  
                                                         U.S.           
Mixed garbage         See Note 4.        See Note 4.       See Note 4.  
 types.\4\                                                              
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a     
  screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic,      
  Black, Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)  
Note 3: Fixed or floating platforms and associated vessels includes all 
  fixed or floating platforms engaged in exploration, exploitation or   
  associated offshore processing of seabed mineral resources, and all   
  ships within 500m of such platforms.                                  
Note 4: When garbage is mixed with other harmful substances having      
  different disposal or discharge requirements, the more stringent      
  disposal restrictions shall apply.                                    


[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 90-054, 56 FR 
19578, Apr. 29, 1991]



       Subpart B--Transportation of Municipal and Commercial Waste

    Authority: 33 U.S.C. 2602; 49 CFR 1.46.

    Source: CGD 89-014, 54 FR 22548, May 24, 1989, unless otherwise 
noted.



Sec. 151.1000  Purpose.

    The purpose of this subpart is to implement the permit provisions of 
the shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).



Sec. 151.1003  Applicability.

    (a) Except as provided by paragraph (b) of this section, this 
subpart applies to each vessel whose purpose is the transportation of 
municipal or commercial waste in coastal waters.
    (b) This subpart does not apply to public vessels.



Sec. 151.1006  Definitions.

    As used in this subpart--
    Coastal Waters means--
    (1) The territorial sea of the United States;
    (2) The Great Lakes and their connecting waters;
    (3) The marine and estuarine waters of the United States up to the 
head of tidal influence; and
    (4) The Exclusive Economic Zone as established by Presidential 
Proclamation Number 5030, dated March 10, 1983.

    Note: The Exclusive Economic Zone extends from the baseline of the 
territorial sea of the United States seaward 200 miles.

    Municipal and commercial waste means solid waste as defined in 
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except-
    (1) Solid waste identified and listed under section 3001 of the 
Solid Waste Disposal Act (42 U.S.C. 6921);

[[Page 276]]

    (2) Waste generated by a vessel during normal operations;
    (3) Debris solely from construction activities;
    (4) Sewage sludge subject to regulation under title I of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
seq.); and
    (5) Dredge or fill material subject to regulation under title I of 
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 
401 et seq.).
    Public vessel means a vessel that--
    (1) Is owned, or demise chartered, and operated by the United States 
Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Vessel means every description of watercraft or other artifical 
contrivance used, or capable of being used, as a means of transportation 
on water.



Sec. 151.1009  Transportation of municipal or commercial waste.

    A vessel may not transport municipal or commercial waste in coastal 
waters without--
    (a) A conditional permit to transport municpal or commercial waste 
issued under this subpart; and
    (b) Displaying a number in accordance with Sec. 151.1024.

[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 54 FR 24078, June 5, 
1989]



Sec. 151.1012  Applying for a conditional permit.

    (a) The owner or operator of each vessel to which this subpart 
applies shall apply by letter for a conditional permit required by 
Sec. 151.1009. Applications must be submitted to Commandant (G-MOC), 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001, Attn: Shore Protection Act Desk and include the following:
    (1) The name, address, and telephone number of the vessel owner and 
operator.
    (2) The vessel's name and official number, if any.
    (3) The vessel's area of operation.
    (4) The vessel's transport capacity.
    (5) A history of the types of cargo transported by the vessel during 
the previous year, including identifying the type of municipal or 
commercial waste transported as--
    (i) Municipal waste;
    (ii) Commercial waste;
    (iii) Medical waste; or
    (iv) Waste of another character.
    (6) The types of cargo to be transported by the vessel during the 
effective period of the conditional permit, including identifying the 
type of municipal or commercial waste as it is identified in paragraphs 
(a)(5)(i) through (iv) of this section.
    (7) A statement of whether the application for a conditional permit 
is for a single voyage, a short term operation or a continuing 
operation. If the application is for a single voyage or a short term 
operation, the statement must include the duration of the voyage or 
operation.
    (8) An acknowledgment that certifies as to the truthfulness and 
accuracy of the information provided.
    (b) The owner or operator under paragraph (a) of this section shall 
provide any additional information the Coast Guard may require.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 151.1015  Issuing or denying the issuance of a conditional permit.

    (a) After reviewing the application made under Sec. 151.1012, the 
Coast Guard either--
    (1) Issues the conditional permit for a vessel under this section; 
or
    (2) Denies the issuance of the conditional permit to the vessel in 
accordance with paragraph (c) of this section. On denying the issuance 
of the permit, the Coast Guard notifies the applicant of the--
    (i) Denial and the reason for the denial; and
    (ii) Procedures under Sec. 151.1021 for appealing the denial.
    (b) Each conditional permit issued under this section is effective--
    (1) On the date it is issued; and
    (2) Until the expiration date stated on the conditional permit 
unless it is--
    (i) Withdrawn under Sec. 151.1018;

[[Page 277]]

    (ii) Terminated because--
    (A) The vessel is sold; or
    (B) This subpart no longer applies to the vessel.
    (c) The Coast Guard may deny the issuance of a conditional permit 
if--
    (i) The application does not contain the information required under 
Sec. 151.1012; or
    (ii) There is reason to believe that the information contained on 
the application is not true and correct.



Sec. 151.1018  Withdrawal of a conditional permit.

    (a) The Coast Guard may withdraw a conditional permit if the 
Administrator of the EPA requests withdrawal because the Administrator 
has determined that the owner or operator of the vessel has a record or 
a pattern of serious violations of--
    (1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 
et seq.);
    (2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
    (3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1401 et seq.);
    (4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 
1401 et seq.); or
    (5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.).
    (b) Upon reaching a determination to withdraw a conditional permit, 
the Coast Guard notifies the owner or operator of--
    (1) The withdrawal and the reason for the withdrawal;
    (2) The procedures for appealing the withdrawal.
    (c) After receiving the notice under paragraph (b) of this section, 
the owner or operator shall ensure that--
    (1) The vessel immediately ceases transporting municipal or 
commercial waste and the marking required by Sec. 151.1024 is removed; 
and
    (2) The conditional permit is returned to the Coast Guard within 5 
days after receiving the notice.



Sec. 151.1021  Appeals.

    (a) Any person directly affected by an action taken under this 
subpart may request reconsideration by the Coast Guard officer 
responsible for that action.
    (b) The person affected who is not satisfied with a ruling after 
having it reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety and Environmental Protection, 
U.S. Coast Guard, Washington, DC 20593-0001; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) After reviewing the appeal submitted under paragraph (b) of this 
section, the Assistant Commandant for Marine Safety and Environmental 
Protection issues a ruling which is final agency action.
    (d) If the delay in presenting a written appeal has an adverse 
impact on the operations of the appellent, the appeal under paragraph 
(b) of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997]



Sec. 151.1024  Display of number.

    (a) The owner or operator of each vessel under this subpart must 
ensure that the vessel number stated on the conditional permit issued 
under Sec. 151.1015 is displayed so that it--
    (1) Is clearly legible;
    (2) Has a contrasting background;
    (3) Is readily visible from either side of the vessel; and
    (4) Is in block figures that are at least 18 inches in height.
    (b) No person may tamper with or falsify a number required under 
this section.



Subpart C--Ballast Water Management for Control of Nonindigenous Species

    Authority: 16 U.S.C. 4711; 49 CFR 1.46.


[[Page 278]]


    Source: CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless otherwise 
noted.



Sec. 151.1500   Purpose.

    The purpose of this subpart is to implement the provisions of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701 et seq.).



Sec. 151.1502  Applicability.

    This subpart applies to each vessel that carries ballast water and 
that after operating on the waters beyond the Exclusive Economic Zone 
during any part of its voyage enters the Snell Lock at Massena, New 
York, or navigates north of the George Washington Bridge on the Hudson 
River, regardless of other port calls in the United States or Canada 
during that voyage.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1504   Definitions.

    The following terms are defined as used in this subpart.
    Ballast water means any water used to manipulate the draft, trim, or 
stability of a vessel, regardless of how it is carried on the vessel.
    Captain of the Port (COTP) means the Coast Guard officer designated 
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of 
the Port Zone or the New York, NY, Captain of the Port Zone described in 
part 3 of this chapter or an official designated by the COTP.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Exclusive Economic Zone (EEZ) means the area established by 
Presidential Proclamation Number 5030, dated March 10, 1983, (48 FR 
10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line of 
the territorial sea of the United States seaward 200 miles, and the 
equivalent zone of Canada.
    Environmentally sound method means methods, efforts, actions, or 
programs, either to prevent introductions or to control infestations of 
aquatic nuisance species, that minimize adverse impacts to the structure 
and function of an ecosystem, minimize adverse effects on non-target 
organisms and ecosystems, and that emphasize integrated pest management 
techniques and non-chemical measures.
    Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including 
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting 
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara 
River, and Saint Lawrence River to the Canadian border), and includes 
all other bodies of water within the drainage basin of such lakes and 
connecting channels.
    Port means a terminal or group of terminals or any place or facility 
that has been designated as a port by the COTP.
    Voyage means any transit by a vessel destined for the Great Lakes or 
the Hudson River, north of the George Washington Bridge, from a port or 
place outside of the EEZ, including intermediate stops at a port or 
place within the EEZ.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR 
67634, Dec. 30, 1994]



Sec. 151.1506  Restriction of operation.

    No vessel subject to the requirements of this subpart may be 
operated in the Great Lakes or the Hudson River, north of the George 
Washington Bridge, unless the master of the vessel has certified, in 
accordance with Sec. 151.1516, that the requirements of this subpart 
have been met.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1508  Revocation of clearance.

    A COTP may request the District Director of Customs to withhold or 
revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject 
to this subpart, the owner or operator of which is not in compliance 
with the requirements of this subpart.



Sec. 151.1510  Ballast water management.

    (a) The master of each vessel subject to this subpart shall employ 
one of the following ballast water management practices:
    (1) Carry out an exchange of ballast water on the waters beyond the 
EEZ, in a depth exceeding 2000 meters, prior to entry into the Snell 
Lock, at Massena, New York, or prior to navigating on the Hudson River, 
north of the George

[[Page 279]]

Washington Bridge, such that, at the conclusion of the exchange, any 
tank from which ballast water will be discharged contains water with a 
minimum salinity level of 30 parts per thousand.
    (2) Retain the vessel's ballast water on board the vessel. If this 
method of ballast water management is employed, the COTP may seal any 
tank or hold containing ballast water on board the vessel for the 
duration of the voyage within the waters of the Great Lakes or the 
Hudson River, north of the George Washington Bridge.
    (3) Use an alternative environmentally sound method of ballast water 
management that has been submitted to, and approved by, the Commandant 
prior to the vessel's voyage. Requests for approval of alternative 
ballast water management methods must be submitted to the Commandant (G-
M), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, 
DC 20593-0001.
    (b) No master of a vessel subject to this subpart shall separately 
discharge sediment from tanks or holds containing ballast water unless 
it is disposed of ashore in accordance with local requirements.
    (c) Nothing in this subpart authorizes the discharge of oil or 
noxious liquid substances (NLSs) in a manner prohibited by United States 
or international laws or regulations. Ballast water carried in any tank 
containing a residue of oil, NLSs, or any other pollutant must be 
discharged in accordance with the applicable regulations. Nothing in 
this subpart affects or supersedes any requirement or prohibitions 
pertaining to the discharge of ballast water into the waters of the 
United States under the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.).

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR 
67634, Dec. 30, 1994]



Sec. 151.1512  Vessel safety.

    Nothing in this subpart relieves the master of the responsibility 
for ensuring the safety and stability of the vessel or the safety of the 
crew and passengers, or any other responsibility.



Sec. 151.1514  Ballast water management alternatives under extraordinary conditions.

    The master of any vessel subject to this subpart who, due to 
weather, equipment failure, or other extraordinary conditions, is unable 
to effect a ballast water exchange before entering the EEZ, must employ 
another method of ballast water management listed in Sec. 151.1510, or 
request from the COTP permission to exchange the vessel's ballast water 
within an area agreed to by the COTP at the time of the request and must 
discharge the vessel's ballast water within that designated area.



Sec. 151.1516  Compliance monitoring.

    (a) The master of each vessel subject to this subpart shall provide, 
upon request, the following information, in written form, to the COTP:
    (1) The vessel's name, port of registry, and official number or call 
sign.
    (2) The name of the vessel's owner(s).
    (3) Whether ballast water is being carried.
    (4) The original location and salinity, if known, of ballast water 
taken on, before an exchange.
    (5) The location, date, and time of any ballast water exchange.
    (6) The salinity of any ballast water to be discharged into the 
territorial waters of the United States.
    (7) The intended discharge port for ballast water and location for 
disposal of sediment carried upon entry into the territorial waters of 
the United States, if ballast water or sediment are to be discharged.
    (8) The signature of the master attesting to the accuracy of the 
information provided and certifying compliance with the requirements of 
this subpart.
    (b) The COTP may take samples of ballast water to assess the 
compliance with, and the effectiveness of, this subpart.



PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL--Table of Contents




                           Subpart A--General

Sec.
153.101  Purpose.

[[Page 280]]

153.103  Definitions.
153.105  FWPCA delegations and redelegation.
153.107  [Reserved]
153.109  CERCLA delegations.

   Subpart B--Notice of the Discharge of Oil or a Hazardous Substance

153.201  Purpose.
153.203  Procedure for the notice of discharge.
153.205  Fines.

                  Subpart C--Removal of Discharged Oil

153.301  Purpose.
153.303  Applicability.
153.305  Methods and procedures for the removal of discharged oil.
153.307  Penalties.

             Subpart D--Administration of the Pollution Fund

153.401  Purpose.
153.403  Applicability.
153.405  Liability to the pollution fund.
153.407  Payments or reimbursement from the pollution fund.
153.411  Procedures for payment of judgments.
153.413  Deposit of money into the fund.
153.415  Cost summary reports.
153.417  Reimbursement for actions under section 311(c) or 311(d) of the 
          Act of the Intervention on the High Seas Act.

    Authority: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O. 
12580, 3 C.F.R., 1987 Comp., p. 193; E.O. 12777, 3 C.F.R., 1991 Comp., 
p. 351; 49 CFR 1.45 and 1.46.

    Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise 
noted.



                           Subpart A--General



Sec. 153.101  Purpose.

    The purpose of this part is to prescribe regulations concerning 
notification to the Coast Guard of the discharge of oil or hazardous 
substances as required by the Federal Water Pollution Control Act, as 
amended (FWPCA); the procedures for the removal of a discharge of oil; 
and the costs that may be imposed or reimbursed for the removal of a 
discharge of oil or hazardous substances under the FWPCA.

[CGD 84-067, 51 FR 17965, May 16, 1986]



Sec. 153.103  Definitions.

    As used in this part:
    (a) Act means the Federal Water Pollution Control Act, as amended 
(33 U.S.C. 1251 et seq.).
    (b) CERCLA means the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
    (c) Chemical agents means those elements, compounds, or mixtures 
that coagulate, disperse, dissolve, emulsify, foam, neutralize, 
precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, 
fix, make the pollutant mass more rigid or viscous, or otherwise 
facilitate the mitigation of deleterious effects or removal of the 
pollutant from the water. The term ``chemical agents'' as used in this 
part includes dispersants, surface collecting agents, biological 
additives, burning agents, and sinking agents as defined in Subpart H of 
the National Contingency Plan.
    (d) Assistant Commandant for Marine Safety and Environmental 
Protection means the Coast Guard Officer designated by the Commandant to 
assist and advise the Commandant on matters related to marine 
environmental response, port and environmental safety, and waterways 
management.
    (e) Coastal waters means all U.S. waters subject to the tide, U.S. 
waters of the Great Lakes, specified ports and harbors on the inland 
rivers, waters of the contiguous zone, or other waters of the high seas 
subject to discharges in connection with activities under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater 
Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural 
resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (including resources under the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.)). These waters include those contained within the Exclusive 
Economic Zone declared by Presidential Proclamation 5030 on March 10, 
1983 (43 FR 10605).

    Note: Coastal waters are those waters where the Coast Guard has the 
responsibility for providing On-Scene Coordinators under

[[Page 281]]

the National Contingency Plan. Specific dividing lines between coastal 
and inland waters, and the identification of specified ports and harbors 
on inland rivers, are contained in Regional Contingency Plans prepared 
pursuant to the National Contingency Plan.

    (f) Contiguous zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, as published in the June 1, 1972 issue of the Federal 
Register (37 FR 11906).
    (g) Discharge includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping, but excludes 
(A) discharges in compliance with a permit under Section 402 of the Act, 
(B) discharges resulting from circumstances identified and reviewed and 
made part of the public record with respect to a permit issued or 
modified under Section 402 of the Act, and subject to a condition in 
such permit, and (C) continuous or anticipated intermittent discharges 
from a point source, identified in a permit or permit application under 
section 402 of the Act, which are caused by events occurring within the 
scope of relevant operating or treatment systems.
    (h) Hazardous substance means any substance designated by the 
Administrator of the Environmental Protection Agency pursuant to section 
311(b)(2) of the Act.
    (i) Inland waters means all other waters of the U.S. not included in 
the definition of coastal waters.

    Note: Inland waters are those waters where the Environmental 
Protection Agency has the responsibility for providing On-Scene 
Coordinators under the National Contingency Plan. Specific dividing 
lines between coastal and inland waters are contained in Regional 
Contingency Plans prepared pursuant to the National Contingency Plan.

    (j) Mechanical removal means the use of pumps, skimmers, booms, 
earthmoving equipment, and other mechanical devices to contain the 
discharge of oil and to recover the discharge from the water or 
adjoining shorelines.
    (k) Navigable waters means the waters of the United States as 
defined in paragraph 2.05-25(b) of this Chapter.
    (l) Offshore facility means any facility of any kind located in, on, 
or under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel.
    (m) Oil means oil of any kind or in any form, including but not 
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with 
wastes other than dredged spoil.
    (n) On-Scene Coordinator or OSC is the Federal official 
predesignated by the Environmental Protection Agency (EPA) or Coast 
Guard to coordinate and direct Federal removal efforts at the scene of 
an oil or hazardous substance discharge as prescribed in the National 
Oil and Hazardous Substances Pollution Contingency Plan (National 
Contingency Plan) as published in 40 CFR Part 300.
    (o) Onshore facility means any facility (including, but not limited 
to, motor vehicles and rolling stock) of any kind located in, on, or 
under, any land within the United States other than submerged land.
    (p) Person includes an individual, firm, corporation, association, 
and a partnership.
    (q) Pollution Fund and Fund means the revolving fund established in 
the Treasury under the authority in section 311(k) of the Act to carry 
out the provisions of section 311 (c), (d), (i), and (l) of the Act.
    (r) Public vessel means a vessel owned or bare-boat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commerce.
    (s) Remove or Removal refers to removal of oil or hazardous 
substances from the waters and shorelines or the taking of such other 
actions as may be necessary to minimize or mitigate damage to the public 
health or welfare, including, but not limited to, fish, shellfish, 
wildlife, and public and private property, shorelines, and beaches.
    (t) Sorbent means materials essentially inert and insoluble used to 
remove oil from water through a variety of sorption mechanisms. Examples 
include straw, expanded perlite, polyurethane foam, reclaimed paper 
fibers, and peat moss.

[[Page 282]]

    (u) Such quantities as may be harmful means those quantities of oil 
and any hazardous substances determined in accordance with the 
provisions of section 311(b)(4) of the Act.

    Note: Regulations that relate to such quantities as may be harmful 
of oil are published in 40 CFR Part 110. Regulations that relate to such 
quantities as may be harmful (reportable quantities) of hazardous 
substances are published in 40 CFR Part 117 and also listed in 40 CFR 
Part 302.

    (v) United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands.
    (w) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water other than a public vessel.

[CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



Sec. 153.105  FWPCA delegations and redelegation.

    The delegations and redelegations under the Federal Water Pollution 
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in Sec. 1.01-
80 and Sec. 1.01-85, respectively, of this chapter.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Sec. 153.107  [Reserved]



Sec. 153.109  CERCLA delegations.

    The delegations under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) are published in 
Sec. 1.01-70 of this chapter.

[CGD 83-009, 49 FR 575, Jan. 5, 1984]



   Subpart B--Notice of the Discharge of Oil or a Hazardous Substance



Sec. 153.201   Purpose.

    The purpose of this subpart is to prescribe the manner in which the 
notice required in section 311(b)(5) of the Act is to be given and to 
list the government officials to receive that notice.



Sec. 153.203  Procedure for the notice of discharge.

    Any person in charge of a vessel or of an onshore or offshore 
facility shall, as soon as they have knowledge of any discharge of oil 
or a hazardous substance from such vessel or facility in violation of 
section 311(b)(3) of the Act, immediately notify the National Response 
Center (NRC), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 
20593, toll free telephone number 800-424-8802 (in Washington, DC 
metropolitan area, (202) 267-2675). If direct reporting to the NRC is 
not practicable, reports may be made to the Coast Guard or EPA 
predesignated OSC for the geographic area where the discharge occurs. 
All such reports shall be promptly relayed to the NRC. If it is not 
possible to notify the NRC or the predesignated OSC immediately, reports 
may be made immediately to the nearest Coast Guard unit, provided that 
the person in charge of the vessel or onshore or offshore facility 
notifies the NRC as soon as possible.

    Note: Geographical jurisdiction of Coast Guard and EPA OSC's are 
specified in the applicable Regional Contingency Plan. Regional 
Contingency Plans are available at Coast Guard District Offices and EPA 
Regional Offices as indicated in Table 2. Addresses and telephone 
numbers for these offices are listed in Table 1.

[CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 153.205  Fines.

    Section 311(b)(5) of the Act prescribes that any person who fails to 
notify the appropriate agency of the United States Government 
immediately of a discharge is, upon conviction, fined in accordance with 
Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.

[CGD 97-023, 62 FR 33364, June 19, 1997]

[[Page 283]]



Table 1--Addresses and Telephone Numbers of Coast Guard District Offices
                        and EPA Regional Offices                        
------------------------------------------------------------------------
                                      Address                Telephone  
------------------------------------------------------------------------
                          EPA Regional Offices                          
                                                                        
------------------------------------------------------------------------
Region:                                                                 
    I...................  John F. Kennedy Federal Bldg.,    617-565-3715
                           Boston, MA 02203.                            
    II..................  26 Federal Plaza, New York, NY    212-264-2525
                           10278.                                       
    III.................  841 Chestnut Street,              215-597-9800
                           Philadelphia, PA 19107.                      
    IV..................  345 Courtland Street, NE,         404-347-4727
                           Atlanta, GA 30365.                           
    V...................  230 S. Dearborn Street, 13th      312-353-2000
                           Floor, Chicago, IL 60604.                    
    VI..................  1445 Ross Ave., 12th Floor,       214-655-6444
                           Suite 1200, Dallas, TX 75202.                
    VII.................  726 Minnesota Avenue, Kansas      913-236-2800
                           City, KS 66101.                              
    VIII................  999 18th St., Suite 500,          303-293-1603
                           Denver, CO 80202-2405.                       
    IX..................  215 Fremont Street, San           415-974-8071
                           Francisco, CA 94105.                         
    X...................  1200 6th Avenue, Seattle, WA      206-442-5810
                           98101.                                       
                                                                        
------------------------------------------------------------------------
                      Coast Guard District Offices                      
                                                                        
------------------------------------------------------------------------
District:                                                               
    1st.................  408 Atlantic Ave., Boston, MA     617-223-8444
                           02110-2209.                                  
    5th.................  Federal Bldg., 431 Crawford       757-398-6638
                           St., Portsmouth, VA 23705-                   
                           5004.                                        
    7th.................  Federal Bldg., Room 1221, 51      305-536-5651
                           S.W. 1st Ave., Miami, FL                     
                           33130.                                       
    8th.................  Hale Boggs Federal Bldg., 500     504-589-6901
                           Camp St., New Orleans, LA                    
                           70130-3396.                                  
    9th.................  1240 East 9th St., Cleveland,     216-522-3919
                           OH 44199.                                    
    11th................  union Bank Bldg., 400             213-499-5330
                           Oceangate, Long Beach, CA                    
                           90822-5399.                                  
    13th................  Federal Bldg., 915 Second         206-442-5850
                           Ave., Seattle, WA 98174.                     
    14th................  Prince Kalanianaole Federal       808-541-2114
                           Bldg., 300 Ala Moana Blvd.,                  
                           9th Floor, Honolulu, HI 96850.               
    17th................  P.O Box 3-5000, Juneau, AK        907-586-7195
                           99802.                                       
------------------------------------------------------------------------



  Table 2--Standard Administrative Regions of States and Corresponding  
                  Coast Guard Districts and EPA Regions                 
------------------------------------------------------------------------
            States and EPA region                 Coast Guard district  
------------------------------------------------------------------------
Region I:                                                               
    Maine....................................  1st                      
    New Hampshire............................  1st                      
    Vermont:                                                            
        All except Northwestern portion......  1st                      
        Northwestern portion.................  1st                      
    Massachusetts............................  1st                      
    Connecticut..............................  1st                      
    Rhode Island.............................  1st                      
Region II:                                                              
    New York:                                                           
        Coastal area and Eastern portion.....  1st                      
        Great Lakes area and other portions..  9th                      
    New Jersey:                                                         
        Upper portion........................  1st                      
        Lower portion........................  5th                      
    Puerto Rico..............................  7th                      
    Virgin Islands...........................  7th                      
Region III:                                                             
    Pennsylvania:                                                       
        Eastern portion......................  5th                      
        Great Lakes area.....................  9th                      
        Southwestern portion.................  8th                      
    Maryland.................................  5th                      
    Delaware.................................  5th                      
    West Virginia............................  8th                      
    Virginia.................................  5th                      
    District of Columbia.....................  5th                      
Region IV:                                                              
    Kentucky.................................  8th                      
    Tennessee................................  8th                      
    North Carolina...........................  5th                      
    South Carolina...........................  7th                      
    Georgia..................................  7th                      
    Florida:                                                            
        Atlantic and Gulf coasts.............  7th                      
        Panhandle area.......................  8th                      
    Alabama                                    8th                      
    Mississippi                                8th                      
Region V:                                                               
    Minnesota:                                                          
        Great Lakes area.....................  9th                      
        Inland rivers area...................  8th                      
    Wisconsin:                                                          
        Great Lakes area.....................  9th                      
        Inland rivers area...................  8th                      
    Michigan.................................  9th                      
    Illinois:                                                           
        Great Lakes area.....................  9th                      
        Inland rivers area...................  8th                      
    Indiana:                                                            
        Great Lakes area.....................  9th                      
        Inland rivers area...................  8th                      
    Ohio:                                                               
        Great Lakes area.....................  9th                      
        Inland rivers area...................  8th                      
Region VI:                                                              
    New Mexico...............................  8th                      
    Texas....................................  8th                      
    Oklahoma.................................  8th                      
    Arkansas.................................  8th                      
    Louisiana................................  8th                      
Region VII:                                                             
    Nebraska.................................  8th                      
    Iowa.....................................  8th                      
    Kansas...................................  8th                      
    Missouri.................................  8th                      
Region VIII:                                                            
    Montana..................................  13th                     
    Wyoming..................................  8th                      
    Utah.....................................  11th                     
    Colorado.................................  8th                      
    North Dakota.............................  8th                      
    South Dakota.............................  8th                      
Region IX:                                                              
    California...............................  11th                     

[[Page 284]]

                                                                        
    Nevada...................................  11th                     
    Arizona..................................  11th                     
    Hawaii...................................  14th                     
    Guam.....................................  14th                     
    American Samoa...........................  14th                     
    Trust Territory of the Pacific Islands...  14th                     
    Northern Mariana Islands.................  14th                     
Region X:                                                               
    Washington...............................  13th                     
    Oregon...................................  13th                     
    Idaho....................................  13th                     
    Alaska...................................  17th                     
------------------------------------------------------------------------


[CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997]



                  Subpart C--Removal of Discharged Oil



Sec. 153.301   Purpose.

    The purpose of this subpart is to prescribe methods and procedures 
to be used to remove discharges of oil from coastal waters.



Sec. 153.303   Applicability.

    The provisions of this subpart apply to any owner or operator of a 
vessel or onshore or offshore facility from which a discharge of oil 
into coastal waters occurs who acts to remove or arranges for the 
removal of such discharges.



Sec. 153.305   Methods and procedures for the removal of discharged oil.

    Each person who removes or arranges for the removal of a discharge 
of oil from coastal waters shall:
    (a) Use to the maximum extent possible mechanical methods and 
sorbents that:
    (1) Most effectively expedite removal of the discharged oil; and
    (2) Minimize secondary pollution from the removal operations;

    Note: The Federal OSC is authorized by the provisions of the 
National Contingency Plan to require or deny the use of specific 
mechanical methods and sorbents. Sorbent selection considerations of the 
OSC include hydrographic and meteorological conditions, characteristics 
of the sorbent, and availability of a mechanical method for containment 
and recovery.

    (b) Control the source of discharge, prevent further discharges, and 
halt or slow the spread of the discharge by mechanical methods or 
sorbents or both to the maximum extent possible;
    (c) Recover the discharged oil from the water or adjoining 
shorelines by mechanical or manual methods or both to the maximum extent 
possible;
    (d) Use chemical agents only in accordance with the provisions of 
Subpart H of the National Contingency Plan and with the prior approval 
of the Federal OSC; and
    (e) Dispose of recovered oil and oil contaminated materials in 
accordance with applicable State and local government procedures.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17966, May 16, 1986]



Sec. 153.307  Penalties.

    Section 311(b)(7)(C) of the Act, as amended, prescribes that any 
person who fails or refuses to comply with the provisions of this 
subpart is liable for a civil penalty per day of violation.

[CGD 96-052, 62 FR 16703, Apr. 8, 1997]



             Subpart D--Administration of the Pollution Fund



Sec. 153.401   Purpose.

    This subpart prescribes policies, procedures, and reporting 
requirements for the payment from and deposit into the Fund established 
pursuant to section 311(k) of the Act.



Sec. 153.403   Applicability.

    The provisions of this subpart apply to:
    (a) Each Federal and State agency that desires reimbursement from 
the Fund for costs incurred during a removal activity; and
    (b) The owner or operator of the vessel or onshore or offshore 
facility from which a discharge occurs that requires Federal removal 
activity.



Sec. 153.405   Liability to the pollution fund.

    The owner or operator of the vessel or onshore or offshore facility 
from

[[Page 285]]

which a discharge occurs that requires Federal removal activity is 
liable to the pollution fund for the actual costs of Federal and State 
agencies, including the employment and use of personnel and equipment, 
not to exceed the limits established by sections 311(f) and (g) of the 
Act.



Sec. 153.407  Payments or reimbursements from the pollution fund.

    (a) The following costs incurred during performance of a Phase III 
activity as defined in Subpart E of the National Contingency Plan, or a 
removal action as defined in Subpart F of the National Contingency Plan, 
are reimbursable to Federal and State agencies when authorized by the 
appropriate OSC under the authority of section 311(c) of the Act, and 
are reimbursable to Federal agencies when authorized by the appropriate 
Coast Guard or EPA official in the case of the summary removal or 
destruction of a vessel, other ``intervention'' (as defined in 
Sec. 153.105(e) of this Part), or any other action under the authority 
of section 311(d) of the Act or the Intervention on the High Seas Act 
(33 U.S.C. 1471 et seq.):
    (1) Costs found to be reasonable by the Coast Guard incurred by 
government industrial type facilities, including charges for overhead in 
accordance with the agency's industrial accounting system.
    (2) Actual costs for which an agency is required or authorized by 
any law to obtain full reimbursement.
    (3) Costs found to be reasonable by the Coast Guard incurred as a 
result of removal activity that are not ordinarily funded by an agency's 
regular appropriations and that are not incurred during normal 
operations. These costs include, but are not limited to, the following:
    (i) Travel (transportation and per diem) specifically requested of 
the agency by the On-Scene Coordinator.
    (ii) Overtime for civilian personnel specifically requested of the 
agency by the On-Scene Coordinator.
    (iii) Incremental operating costs for vessels, aircraft, vehicles, 
and equipment incurred in connection with the removal activity.
    (iv) Supplies, materials, and equipment procured for the specific 
removal activity and fully expended during the removal activity.
    (v) Lease or rental of equipment for the specific removal activity.
    (vi) Contract costs for the specific removal activity.
    (4) Claims payable under Part 25, Subpart H of this title.
    (b) The District Commander may authorize the direct payment of the 
costs found to be reasonable under paragraph (a)(3) of this section. 
Direct payment may only be made to Federal or State agencies, or to 
Federal contractors or suppliers. Direct payments to State or local 
agency contractors or suppliers will not be authorized.
    (c) The Pollution Fund is not available to pay any foreign, Federal, 
State or local government or agency for the payment or reimbursement of 
its costs incurred in the removal of oil or hazardous substances 
discharged from a vessel or facility that it owns or operates.

    Note: Federal procurement procedures governing contracts to purchase 
property and services apply to costs incurred as a result of removal 
activity. Where the public exigency will not permit the delay incident 
to advertising, purchases and contracts are negotiated pursuant to 10 
U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as applicable.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.411   Procedures for payment of judgments.

    An owner or operator of a vessel or an onshore or offshore facility 
who obtains a judgment against the United States under section 311(i) of 
the Act may have the judgment satisfied by requesting payment of the 
judgment in writing from the Commandant (G-L), 2100 Second Street SW., 
Washington, D.C. 20593. This request must be accompanied by a copy of 
the judgment and must designate to whom payment should be made.



Sec. 153.413   Deposit of money into the fund.

    Any person liable for the payment of the following shall remit 
payment by check or postal money order, payable to the U.S. Coast Guard, 
to the cognizant District Commander, or to the

[[Page 286]]

Commandant for deposit into the Pollution Fund as prescribed in section 
311(k) of the Act:
    (a) A fine or penalty imposed, assessed, or compromised under 
section 311 of the Act, including the proceeds of a bond or other surety 
obtained pursuant to section 311(b)(6).
    (b) A claim asserted by the cognizant District Commander for costs 
recoverable under sections 311 (f) and (g) of the Act.
    (c) A judgment obtained by the United States for costs recoverable 
under sections 311 (f) and (g) of the Act.



Sec. 153.415  Cost summary reports.

    As soon as practicable after completion of an action authorized 
under section 311 (c) or (d) of the Act or the Intervention on the High 
Seas Act, the OSC submits a cost summary report to the cognizant 
District Commander that includes:
    (a) Names of agencies and contractors authorized to participate in 
the action;
    (b) A general description of the function performed by each 
participating agency and contractor;
    (c) An estimate of the cost of each function performed by each 
participating agency and contractor; and
    (d) A copy of contracts, memoranda, or other documents pertaining to 
the functions performed by the participating agencies and contractors.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.417  Reimbursement for actions under section 311(c) or 311(d) of the Act of the Intervention on the High Seas Act.

    (a) Each Federal or State agency requesting reimbursement for an 
action authorized under section 311(c) or 311(d) of the Act or under the 
Intervention on the High Seas Act must, within 60 days after completion 
of the action, submit to the cognizant District Commander, through the 
OSC for review and certification required in paragraph (b) of this 
section, lists accompanied by supporting accounting data, itemizing 
actual costs incurred.
    (b) Requests for reimbursement submitted by Federal and State 
agencies are reviewed by the OSC to ensure that the costs for which 
reimbursement is being sought were authorized as Phase III removal 
actions for oil discharges, or removal actions as defined in Subpart F 
for hazardous substance discharges, and must have one of the following 
certifications by the OSC, as appropriate:
    (1) I certify that the actions for which reimbursement is being 
requested in the attached statements were authorized by me as [(Phase 
III oil removal actions) or (hazardous substance removal actions)], and 
reasonable costs related thereto are proper for payment from the 
Pollution Fund.

_______________________________________________________________________
(OSC signature)
_______________________________________________________________________
(Incident title)
_______________________________________________________________________
(Pollution incident project number)

    (2) I certify that, except as noted below, the actions for which 
reimbursement is being requested in the attached statements were 
authorized by me as [(Phase III oil removal actions) or (hazardous 
substance removal actions)], and reasonable costs related thereto are 
proper for payment from the Pollution Fund. The following actions were 
not authorized by me and are not subject to reimbursement from the 
Pollution Fund:

_______________________________________________________________________
(OSC Signature)
_______________________________________________________________________
(Incident title)
_______________________________________________________________________
(Pollution incident project number)

[CGD 84-067, 51 FR 17967, May 16, 1986]



PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table of Contents






                           Subpart A--General

Sec.
154.100  Applicability.
154.105  Definitions.
154.106  Incorporation by reference.
154.107  Alternatives.
154.108  Exemptions.
154.110  Letter of intent.
154.120  Facility examinations.

[[Page 287]]



                      Subpart B--Operations Manual

154.300  Operations manual: General.
154.310  Operations manual: Contents.
154.320  Operations manual: Amendment.
154.325  Operations manual: Procedures for examination.



                    Subpart C--Equipment Requirements

154.500  Hose assemblies.
154.510  Loading arms.
154.520  Closure devices.
154.525  Monitoring devices.
154.530  Small discharge containment.
154.540  Discharge removal.
154.545  Discharge containment equipment.
154.550  Emergency shutdown.
154.560  Communications.
154.570  Lighting.



                     Subpart D--Facility Operations

154.700  General.
154.710  Persons in charge: Designation and qualification.
154.730  Persons in charge: Evidence of designation.
154.735  Safety requirements.
154.740  Records.
154.750  Compliance with operations manual.



                    Subpart E--Vapor Control Systems

154.800  Applicability.
154.802  Definitions.
154.804  Review, certification, and initial inspection.
154.806  Application for acceptance as a certifying entity.
154.808  Vapor control system, general.
154.810  Vapor line connections.
154.812  Facility requirements for vessel liquid overfill protection.
154.814  Facility requirements for vessel vapor overpressure and vacuum 
          protection.
154.820  Fire, explosion, and detonation protection.
154.822  Detonation arresters, flame arresters, and flame screens.
154.824  Inerting, enriching, and diluting systems.
154.826  Vapor compressors and blowers.
154.828  Vapor recovery and vapor destruction units.
154.840  Personnel training.
154.850  Operational requirements.



              Subpart F--Response Plans for Oil Facilities

154.1010  Purpose.
154.1015  Applicability.
154.1016  Facility Classification by COTP.
154.1017  Response plan submission requirements.
154.1020  Definitions.
154.1025  Operating restrictions and interim operating authorization.
154.1026  Qualified individual and alternate qualified individual.
154.1028  Methods of ensuring the availability of response resources by 
          contract or other approved means.
154.1029  Worst case discharge.
154.1030  General response plan contents.
154.1035  Specific requirements for facilities that could reasonably be 
          expected to cause significant and substantial harm to the 
          environment.
154.1040  Specific requirements for facilities that could reasonably be 
          expected to cause substantial harm to the environment.
154.1041  Specific response information to be maintained on mobile MTR 
          facilities.
154.1045  Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group I through 
          Group IV petroleum oils.
154.1047  Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group V petroleum 
          oils.
154.1050  Training.
154.1055  Exercises.
154.1057  Inspection and maintenance of response resources.
154.1060  Submission and approval procedures.
154.1065  Plan review and revision procedures.
154.1070  Deficiencies.
154.1075  Appeal process.



  Subpart G--Additional Response Plan Requirements for a Trans Alaska 
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William 
                              Sound, Alaska

154.1110 Purpose and applicability.
154.1115 Definitions.
154.1120 Operating restrictions and interim operating authorization.
154.1125 Additional response plan requirements.
154.1130 Requirements for prepositioned response equipment.
154.1135 Response plan development and evaluation criteria.
154.1140 TAPAA facility contracting with a vessel.



 Subpart H--Response Plans for Animal Fats and Vegetable Oils Facilities

154.1210  Purpose and applicability.
154.1220  Response plan submission requirements.
154.1225  Response plan development and evaluation criteria for 
          facilities that handle, store, or transport animal fats and 
          vegetable oils.

[[Page 288]]

154.1228  Methods of ensuring the availability of response resources by 
          contract or other approved means.



    Subpart I--Response Plans for Other Non-Petroleum Oil Facilities

154.1310  Purpose and applicability.
154.1320  Response plan submission requirements.
154.1325  Response plan development and evaluation criteria for 
          facilities that handle, store, or transport other non-
          petroleum oils.

Appendix A to Part 154--Guidelines for Detonation Flame Arresters
Appendix B to Part 154--Standard Specification for Tank Vent Flame 
          Arresters
Appendix C to Part 154--Guidelines for Determining and Evaluating 
          Required Response Resources for Facility Response Plans
Appendix D to Part 154--Training Elements for Oil Spill Response Plans

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and (m)(2); 
sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is also issued 
under 33 U.S.C. 2735.



                           Subpart A--General



Sec. 154.100  Applicability.

    (a) This part applies to each facility that is capable of 
transferring oil or hazardous materials, in bulk, to or from a vessel, 
where the vessel has a total capacity, from a combination of all bulk 
products carried, of 39.75 cubic meters (250 barrels) or more. This part 
does not apply to the facility when it is in a caretaker status. This 
part does not apply to any offshore facility operating under the 
jurisdiction of the Secretary of the Department of Interior.
    (b) Upon written notice to the facility operator, the COTP may 
apply, as necessary for the safety of the facility, its personnel, or 
the public, all or portions of Sec. 154.735 to each facility that is 
capable of transferring oil or hazardous material, in bulk, only to or 
from a vessel with a capacity of less than 250 barrels. If the facility 
is in caretaker status, the COTP may not apply the provisions of 
Sec. 154.735 to the facility if its storage tanks and piping are gas 
free.
    (c) Upon a determination by the COTP under Sec. 154.1016 that an MTR 
facility, as defined in subpart F, could reasonably be expected to cause 
substantial harm to the environment by discharging oil into or on the 
navigable waters, adjoining shorelines, or exclusive economic zone, 
subpart F of this part is applicable to the facility.
    (d) The following sections of this part apply to mobile facilities:
    (1) Section 154.105 Definitions.
    (2) Section 154.107 Alternatives.
    (3) Section 154.108 Exemptions.
    (4) Section 154.110 Letter of Intent.
    (5) Section 154.120 Facility examinations.
    (6) Section 154.300 Operations Manual: General.
    (7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2), 
(a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16), 
(a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and 
(d).
    (8) Section 154.320 Operations Manual: Amendment.
    (9) Section 154.325 Operations Manual: Procedures for examination.
    (10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c), 
(d)(1) through (3) and (e)(1) through (3).
    (11) Section 154.520 Closure devices.
    (12) Section 154.530 Small discharge containment. Paragraphs (a)(1) 
through (3) and (d).
    (13) Section 154.545 Discharge containment equipment.
    (14) Section 154.550 Emergency shutdown.
    (15) Section 154.560 Communications.
    (16) Section 154.570 Lighting. Paragraphs (c) and (d).
    (17) Section 154.700 General.
    (18) Section 154.710 Persons in charge: Designation and 
qualification. Paragraphs (a) through (c), (d)(1) through (3), (d)(7) 
and (e).
    (19) Section 154.730 Persons in charge: Evidence of designation.
    (20) Section 154.735 Safety requirements. Paragraphs (d), (f), (g), 
(j)(1) through (2), (k)(1) through (2), (m), (o) through (q), (r)(1) 
through (3), (s) and (v).
    (21) Section 154.740 Records. Paragraphs (a) through (f) and (j).
    (22) Section 154.750 Compliance with Operations Manual.

[CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended by CGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 93-056, 61 FR 41457, Aug. 8, 1996]

[[Page 289]]



Sec. 154.105  Definitions.

    As used in this part:
    Barrel means a quantity of liquid equal to 42 U.S. gallons.
    Boundary Line means any of the lines described in 46 CFR part 7.
    Captain of the Port (COTP) means the U.S. Coast Guard officer 
commanding a Captain of the Port Zone described in Part 3 of this 
chapter, or that person's authorized representative.
    Caretaker Status denotes a facility where all piping, hoses, loading 
arms, storage tanks, and related equipment in the marine transfer area 
are completely free of oil or hazardous materials, where these 
components have been certified as being gas free, where piping, hoses, 
and loading arms terminating near any body of water have been blanked, 
and where the facility operator has notified the COTP that the facility 
will be in caretaker status.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Contiguous Zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, but not extending beyond 12 miles from the baseline 
from which the breadth of the territorial sea is measured.
    District Commander means the officer of the Coast Guard designated 
by the Commandant to command a Coast Guard District, as described in 
Part 3 of this chapter or an authorized representative.
    Facility means either an onshore or offshore facility, except for an 
offshore facility operating under the jurisdiction of the Secretary of 
the Department of Interior, and includes, but is not limited to, 
structure, equipment, and appurtenances thereto, used or capable of 
being used to transfer oil or hazardous materials to or from a vessel or 
public vessel. Also included are facilities that tank clean or strip and 
any floating structure that is used to support an integral part of the 
facility's operation. A facility includes federal, state, municipal, and 
private facilities.
    Facility operator means the person who owns, operates, or is 
responsible for the operation of the facility.
    Hazardous material means a liquid material or substance, other than 
oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or 
(e).
    Marine transfer area means that part of a waterfront facility 
handling oil or hazardous materials in bulk between the vessel, or where 
the vessel moors, and the first manifold or shutoff valve on the 
pipeline encountered after the pipeline enters the secondary containment 
required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal 
manifold or loading arm, or, in the absence of secondary containment, to 
the valve or manifold adjacent to the bulk storage tank, including the 
entire pier or wharf to which a vessel transferring oil or hazardous 
materials is moored.
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973 (done at London, November 2, 1973) as 
modified by the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973 (done at 
London, February 17, 1978).
    Mobile facility means any facility that can readily change location, 
such as a tank truck or tank car, other than a vessel or public vessel.
    Monitoring device means any fixed or portable sensing device used to 
monitor for a discharge of oil or hazardous material onto the water, 
within or around a facility, and designed to notify operating personnel 
of a discharge of oil or hazardous material.
    Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast 
Guard officer commanding a Marine Inspection Zone described in Part 3 of 
this chapter, or an authorized representative.
    Offshore facility means any facility of any kind located in, on, or 
under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel.
    Oil means oil of any kind or in any form, including but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.
    Onshore facility means any facility (including, but not limited to, 
motor vehicles and rolling stock) of any kind

[[Page 290]]

located in, on, or under any land within the United States other than 
submerged land.
    Person in charge means an individual designated as a person in 
charge of transfer operations under Sec. 154.710 (for facilities) or 
Sec. 155.700 (for vessels) of this chapter.
    STCW means the International Convention on Standards of Training, 
Certification, and Watchkeeping for Seafarers, 1978.
    Self-propelled tank vessel means a self-propelled tank vessel other 
than a tankship.
    Tank barge means a non-self-propelled tank vessel.
    Tankship means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that--
    (a) Is a vessel of the United States;
    (b) Operates on the navigable waters of the United States; or
    (c) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    Transfer means any movement of oil or hazardous material to, from, 
or within a vessel by means of pumping, gravitation, or displacement. A 
transfer is considered to begin when the person in charge on the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection as required by Sec. 156.150 of this chapter. A 
transfer is considered to be complete when all the connections for the 
transfer have been uncoupled and secured with blanks or other closure 
devices and both of the persons in charge have completed the declaration 
of inspection to include the date and time the transfer was complete.
    Vessel operator means a person who owns, operates, or is responsible 
for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 
25125, May 8, 1997]



Sec. 154.106  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and make the 
material available to the public. All approved material is on file at 
the Office of the Federal Register, 800 North Capitol Street NW., suite 
700, Washington, DC and at the U.S. Coast Guard, Office of the 
Compliance (G-MOC), Room 1116, 2100 Second Street SW., Washington, DC 
20593-0001, and is available from the sources indicated in paragraph (b) 
of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

                   American Petroleum Institute (API)

2101 L Street NW., Washington, DC 20037
API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks 
(Nonrefrigerated and Refrigerated), Third Edition, January 1982 
(reaffirmed December 1987).......................................154.814
API Recommended Practice 550, Manual on Installation of Refinery 
Instruments and Control Systems, Part II--Process Stream Analyzers, 
Section 1--Oxygen Analyzers, Fourth Edition, February 1985.......154.824

              American National Standards Institute (ANSI)

11 West 42nd Street, New York, NY 10036
ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988.......154.500; 
                                                        154.808; 154.810
ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and 300,

[[Page 291]]

1979....................................................154.500; 154.808
ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987 
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda)...154.510; 
                                                                 154.808
    American Society for Testing and Materials (ASTM) 1916 Race Street, 
Philadelphia, PA 19103.


ASTM F 631-80 (Reapproved 1985), Standard  Appendix C.                  
 Method for Testing Full Scale Advancing                                
 Spill Removal Devices.                                                 
ASTM F 715-81 (Reapproved 1986), Standard  Appendix C.                  
 Methods of Testing Spill Control Barrier                               
 Membrane Materials.                                                    
ASTM F 808-83 (1988), Standard Guide for   Appendix C.                  
 Collecting Skimmer Performance Data in                                 
 Uncontrolled Environments.                                             
ASTM F 989-86, Standard Test Methods for   Appendix C.                  
 Spill Control Barrier Tension Members.                                 
ASTM F-1122 (1987), Standard               154.500                      
 Specifications for Quick Disconnect                                    
 Couplings.                                                             
                                                                        

             International Electrotechnical Commission (IEC)

Bureau Central de la Commission Electrotechnique Internationale, 1 rue 
          de Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial Purposes: 
Part 1, General Requirements, 1979...............................154.812
IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial Purposes; 
Part 2, Dimensional Interchangeability Requirements for Pin and Contact-
tube Accessories, 1981...........................................154.812

          National Electrical Manufacturers Association (NEMA)

2101 L Street NW., Washington, DC 20036
ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988...154.812

               National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding 
Processes, 1994..................................................154.735

            Oil Companies International Marine Forum (OCIMF)

96 Victoria Street, 15th Floor, London SW1E 5JW, England
International Safety Guide for Oil Tankers and Terminals, Section 6.10, 
Fourth Ed., 1996.................................................154.810
International Safety Guide for Oil Tankers and Terminals, Sections 9.1, 
9.2, 9.3 and 9.5, Fourth Ed., 1996...............................154.735

[CGD 88-032, 56 FR 35819, July 29, 1991, as amended by CGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; 61 FR 42462, Aug. 15, 1996]



Sec. 154.107  Alternatives.

    (a) The COTP may consider and approve alternative procedures, 
methods, or equipment standards to be used by a facility operator in 
lieu of any requirement in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;
    (2) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request; and
    (3) The facility operator submits a written request for the 
alternative.
    (b) The COTP takes final approval or disapproval action on the 
request, submitted in accordance with paragraph (a) of this section, in 
writing within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.108  Exemptions.

    (a) The Assistant Commandant for Marine Safety and Environmental 
Protection, acting for the Commandant, grants an exemption or partial 
exemption from compliance with any requirement in this part if:
    (1) A facility operator submits an application for the exemption via 
the COTP; and
    (2) It is determined, from the application, that:
    (i) Compliance with the requirement is economically or physically 
impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
is not substantially increased as a result of the exemption.
    (b) If requested, the applicant must submit any appropriate 
information,

[[Page 292]]

including an environmental and economic assessment of the effects of and 
reasons for the exemption, and proposed procedures, methods or equipment 
standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety and Environmental Protection 
is a final agency action.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; 55 FR 
49997, Dec. 4, 1990; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 154.110  Letter of intent.

    (a) The facility operator of any facility to which this part applies 
must submit a letter of intent to operate a facility or to conduct 
mobile facility operations to the COTP not less than 60 days before the 
intended operations unless a shorter period is allowed by the COTP. 
Previously submitted letters of intent need not be resubmitted.
    (b) The letter of intent required by paragraph (a) of this section 
may be in any form but must contain:
    (1) The names, addresses, and telephone numbers of the facility 
operator and the facility owner;
    (2) The name, address, and telephone number of the facility or, in 
the case of a mobile facility, the dispatching office; and
    (3) Except for a mobile facility, the geographical location of the 
facility in relation to the associated body of navigable waters.
    (c) The facility operator of any facility for which a letter of 
intent has been submitted, shall within five (5) days advise the COTP in 
writing of any changes of information and shall cancel, in writing, the 
letter for any facility at which transfer operations are no longer 
conducted.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.120  Facility examinations.

    (a) The facility operator shall allow the Coast Guard, at any time, 
to make any examination and shall perform, upon request, any test to 
determine compliance with this part and part 156, as applicable. The 
facility operator shall conduct all required testing of facility 
equipment in a manner acceptable to the Coast Guard.
    (b) The COTP shall provide the facility operator with a written 
report of the results of the examination for the record required by 
Sec. 154.740(e) and shall list the deficiencies in the report when the 
facility is not in compliance with the requirements in this part and 
Part 156 of this chapter.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980]



                      Subpart B--Operations Manual



Sec. 154.300  Operations manual: General.

    (a) The facility operator of each facility to which this part 
applies shall submit, with the letter of intent, two copies of an 
Operations Manual that:
    (1) Describes how the applicant meets the operating rules and 
equipment requirements prescribed by this part and Part 156 of this 
chapter;
    (2) Describes the responsibilities of personnel under this part and 
Part 156 of this chapter in conducting transfer operations; and
    (3) Includes translations into a language or languages understood by 
all designated persons in charge of transfer operations employed by the 
facility.
    (b) The facility operator shall maintain the operations manual so 
that it is:
    (1) Current; and
    (2) Readily available for examination by the COTP.
    (c) The COTP shall examine the Operations Manual when submitted, 
after any substantial amendment, and as otherwise required by the COTP.
    (d) In determining whether the manual meets the requirements of this 
part and Part 156 of this chapter the COTP shall consider the size, 
complexity, and capability of the facility.
    (e) If the manual meets the requirements of this part and part 156 
of this chapter, the COTP will return one copy

[[Page 293]]

of the manual marked ``Examined by the Coast Guard'' as described in 
Sec. 154.325.
    (f) The facility operator shall ensure that a sufficient number of 
copies of the examined Operations Manual, including a sufficient number 
of the translations required by paragraph (a)(3) of this section, are 
readily available for each facility person in charge while conducting a 
transfer operation.

    Note: The facility operator may request that the contents of the 
operations manual or portions thereof be considered commercial or 
financial information that is privileged or confidential. Under the 
Freedom of Information Act, the Coast Guard would withhold any part of 
the contents of the operations manual from public disclosure upon 
determining that it is commercial or financial information that is 
privileged or confidential.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.310  Operations manual: Contents.

    (a) Each operations manual required by Sec. 154.300 must contain:
    (1) The geographic location of the facility;
    (2) A physical description of the facility including a plan and/or 
plans, maps, drawings, aerial photographs or diagrams, showing the 
boundaries of the facility subject to Coast Guard jurisdiction, mooring 
areas, transfer locations, control stations, wharfs, the extent and 
scope of the piping subject to the tests required by Sec. 156.170(c)(4) 
of this chapter, and the locations of safety equipment. For mobile 
facilities, a physical description of the facility;
    (3) The hours of operation of the facility;
    (4) The sizes, types, and number of vessels that the facility can 
transfer oil or hazardous material to or from simultaneously;
    (5) For each product transferred at the facility:
    (i) Generic or chemical name; and
    (ii) The following cargo information:
    (a) The name of the cargo as listed under appendix II of annex II of 
MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 
151.05-1, or Table 1 of 46 CFR part 153.
    (b) A description of the appearance of the cargo;
    (c) A description of the odor of the cargo;
    (d) The hazards involved in handling the cargo;
    (e) Instructions for safe handling of the cargo;
    (f) The procedures to be followed if the cargo spills or leaks, or 
if a person is exposed to the cargo; and
    (g) A list of fire fighting procedures and extinguishing agents 
effective with fires involving the cargo.
    (6) The minimum number of persons on duty during transfer operations 
and their duties;
    (7) The name and telephone number of the qualified individual 
identified under Sec. 154.1026 of this part and the title and/or 
position and telephone number of the Coast Guard, State, local, and 
other personnel who may be called by the employees of the facility in an 
emergency;
    (8) The duties of watchmen, required by Sec. 155.810 of this chapter 
and 46 CFR 35.05-15, for unmanned vessels moored at the facility;
    (9) A description of each communication system required by this 
part;
    (10) The location and facilities of each personnel shelter, if any;
    (11) A description and instructions for the use of drip and 
discharge collection and vessel slop reception facilities, if any;
    (12) A description and the location of each emergency shutdown 
system;
    (13) Quantity, types, locations, and instructions for use of 
monitoring devices if required by Sec. 154.525;
    (14) Quantity, type, location, instructions for use, and time limits 
for gaining access to the containment equipment required by 
Sec. 154.545;
    (15) Quantity, type, location, and instructions for use of fire 
extinguishing equipment required by Sec. 154.735(d) of this part;
    (16) The maximum allowable working pressure (MAWP) of each loading 
arm, transfer pipe system, and hose assembly required to be tested by 
Sec. 156.170 of this chapter, including the maximum relief valve setting 
(or maximum system pressure when relief valves are not provided) for 
each transfer system;
    (17) Procedures for:

[[Page 294]]

    (i) Operating each loading arm including the limitations of each 
loading arm;
    (ii) Transferring oil or hazardous material;
    (iii) Completion of pumping; and
    (iv) Emergencies;
    (18) Procedures for reporting and initial containment of oil or 
hazardous material discharges;
    (19) A brief summary of applicable Federal, state, and local oil or 
hazardous material pollution laws and regulations;
    (20) Procedures for shielding portable lighting authorized by the 
COTP under Sec. 154.570(c); and
    (21) A description of the training and qualification program for 
persons in charge.
    (22) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers, symbols, color 
codes or other system acceptable to the COTP representing all such 
products and the location in the Operations Manual where a chart or list 
of symbols utilized is located and a list of the compatible products 
which may be transferred through the hose can be found for consultation 
before each transfer; and
    (23) For facilities that conduct tank cleaning or stripping 
operations, a description of their procedures.
    (b) lf a facility collects vapors emitted from vessel cargo tanks 
for recovery, destruction, or dispersion, the operations manual must 
contain a description of the vapor collection system at the facility 
which includes:
    (1) A line diagram or simplified piping and instrumentation diagram 
(P&ID) of the facility's vapor control system piping, including the 
location of each valve, control device, pressure-vacuum relief valve, 
pressure indicator, flame arrester, and detonation arrester; and
    (2) A description of the vapor control system's design and operation 
including the:
    (i) Vapor line connection;
    (ii) Startup and shutdown procedures;
    (iii) Steady state operating procedures;
    (iv) Provisions for dealing with pyrophoric sulfide (for facilities 
which handle inerted vapors of cargoes containing sulfur);
    (v) Alarms and shutdown devices; and
    (vi) Pre-transfer equipment inspection requirements.
    (c) The facility operator shall incorporate a copy of each amendment 
to the operations manual under Sec. 154.320 in each copy of the manual 
with the related existing requirement, or add the amendment at the end 
of each manual if not related to an existing requirement.
    (d) The operations manual must be written in the order specified in 
paragraph (a) of this section, or contain a cross-referenced index page 
in that order.

(Approved by the Office of Management and Budget under control number 
2115-0078)

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25428, June 21, 1990; CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.320  Operations manual: Amendment.

    (a) Using the following procedures, the COTP may require the 
facility operator to amend the operations manual if the COTP finds that 
the operations manual does not meet the requirements in this part:
    (1) The COTP will notify the facility operator in writing of any 
inadequacies in the Operations Manual. The facility operator may submit 
written information, views, and arguments regarding the inadequacies 
identified, and proposals for amending the Manual, within 45 days from 
the date of the COTP notice. After considering all relevant material 
presented, the COTP shall notify the facility operator of any amendment 
required or adopted, or the COTP shall rescind the notice. The amendment 
becomes effective 60 days after the facility operator receives the 
notice, unless the facility operator petitions the Commandant to review 
the COTP's notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP who issued the

[[Page 295]]

requirement to amend the Operations Manual.
    (2) If the COTP finds that there is a condition requiring immediate 
action to prevent the discharge or risk of discharge of oil or hazardous 
material that makes the procedure in paragraph (a)(1) of this section 
impractical or contrary to the public interest, the COTP may issue an 
amendment effective on the date the facility operator receives notice of 
it. In such a case, the COTP shall include a brief statement of the 
reasons for the findings in the notice. The owner or operator may 
petition the Commandant to review the amendment, but the petition does 
not delay the amendment.
    (b) The facility operator may propose amendments to the operations 
manual by:
    (1) Submitting any proposed amendment and reasons for the amendment 
to the COTP not less than 30 days before the requested effective date of 
the proposed amendment; or
    (2) If an immediate amendment is needed, requesting the COTP to 
approve the amendment immediately.
    (c) The COTP shall respond to proposed amendments submitted under 
paragraph (b) of this section by:
    (1) Approving or disapproving the proposed amendments;
    (2) Advising the facility operator whether the request is approved, 
in writing, before the requested date of the amendments;
    (3) Including any reasons in the written response if the request is 
disapproved; and
    (4) If the request is made under paragraph (b)(2) of this section 
immediately approving or rejecting the request.
    (d) Amendments to personnel and telephone number lists required by 
Sec. 154.310(a)(7) of this part do not require examination by the COTP, 
but the COTP must be advised of such amendments as they occur.

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.325  Operations manual: Procedures for examination.

    (a) The operator of a facility shall submit two copies of the 
Operations Manual to the Captain of the Port of the zone in which the 
facility is located.
    (b) Not less than 60 days prior to any transfer operation, the 
operator of a new facility shall submit, with the letter of intent, two 
copies of the Operations Manual to the Captain of the Port of the zone 
in which the facility is located.
    (c) After a facility is removed from caretaker status, not less than 
30 days prior to any transfer operation the operator of that facility 
shall submit two copies of the Operations Manual to the COTP of the zone 
in which the facility is located unless the manual has been previously 
examined and no changes have been made since the examination.
    (d) If the COTP finds that the Operations Manual meets the 
requirements of this part and part 156 of this chapter, the COTP will 
return one copy of the manual to the operator marked ``Examined by the 
Coast Guard''.
    (e) If the COTP finds that the Operations Manual does not meet the 
requirements of this part and/or part 156 of this chapter, the COTP will 
return the manuals with an explanation of why it does not meet the 
requirements of this chapter.
    (f) No person may use any Operations Manual for transfer operations 
as required by this chapter unless the Operations Manual has been 
examined by the COTP.
    (g) The Operations Manual is voided if the facility operator--
    (1) Amends the Operations Manual without following the procedures in 
Sec. 154.320 of this part;
    (2) Fails to amend the Operations Manual when required by the COTP; 
or
    (3) Notifies the COTP in writing that the facility will be placed in 
caretaker status.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



                    Subpart C--Equipment Requirements



Sec. 154.500  Hose assemblies.

    Each hose assembly used for transferring oil or hazardous material 
must meet the following requirements:
    (a) The minimum design burst pressure for each hose assembly must be 
at

[[Page 296]]

least four times the sum of the pressure of the relief valve setting (or 
four times the maximum pump pressure when no relief valve is installed) 
plus the static head pressure of the transfer system, at the point where 
the hose is installed.
    (b) The maximum allowable working pressure (MAWP) for each hose 
assembly must be more than the sum of the pressure of the relief valve 
setting (or the maximum pump pressure when no relief valve is installed) 
plus the static head pressure of the transfer system, at the point where 
the hose is installed.
    (c) Each nonmetallic hose must be usable for oil or hazardous 
material service.
    (d) Each hose assembly must either have:
    (1) Full threaded connections;
    (2) Flanges that meet standard B16.5, Steel Pipe Flanges and Flang 
Fittings, or standard B.16.24, Brass or Bronze Pipe Flanges, of the 
American National Standards Institute (ANSI); or
    (3) Quick-disconnect couplings that meet ASTM F-1122.
    (e) Each hose must be marked with one of the following:
    (1) The name of each product for which the hose may be used; or
    (2) For oil products, the words ``OIL SERVICE''; or
    (3) For hazardous materials, the words ``HAZMAT SERVICE--SEE LIST'' 
followed immediately by a letter, number or other symbol that 
corresponds to a list or chart contained in the facility's operations 
manual or the vessel's transfer procedure documents which identifies the 
products that may be transferred through a hose bearing that symbol.
    (f) Each hose also must be marked with the following, except that 
the information required by paragraphs (f)(2) and (3) of this section 
need not be marked on the hose if it is recorded in the hose records of 
the vessel or facility, and the hose is marked to identify it with that 
information:
    (1) Maximum allowable working pressure;
    (2) Date of manufacture; and
    (3) Date of the latest test required by Sec. 156.170.
    (g) The hose burst pressure and the pressure used for the test 
required by Sec. 156.170 of this chapter must not be marked on the hose 
and must be recorded elsewhere at the facility as described in paragraph 
(f) of this section.
    (h) Each hose used to transfer fuel to a vessel that has a fill pipe 
for which containment can not practically be provided must be equipped 
with an automatic back pressure shutoff nozzle.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 88-032, 56 FR 35820, July 29, 1991; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.510  Loading arms.

    (a) Each mechanical loading arm used for transferring oil or 
hazardous material and placed into service after June 30, 1973, must 
meet the design, fabrication, material, inspection, and testing 
requirements in ANSI B31.3.
    (b) The manufacturer's certification that the standard in paragraph 
(a) of this section has been met must be permanently marked on the 
loading arm or recorded elsewhere at the facility with the loading arm 
marked to identify it with that information.
    (c) Each mechanical loading arm used for transferring oil or 
hazardous material must have a means of being drained or closed before 
being disconnected after transfer operations are completed.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.520  Closure devices.

    (a) Except as provided in paragraph (b) of this section, each 
facility to which this part applies must have enough butterfly valves, 
wafer-type resilient seated valves, blank flanges, or other means 
acceptable to the COTP to blank off the ends of each hose or loading arm 
that is not connected for the transfer of oil or hazardous material. 
Such hoses and/or loading arms must be blanked off during the transfer 
of oil or hazardous material. A suitable material in the joints and 
couplings shall be installed on each end of the hose assembly or loading 
arm not being used for transfer to ensure a leak-free seal.

[[Page 297]]

    (b) A new, unused hose, and a hose that has been cleaned and is gas 
free, is exempt from the requirements of paragraph (a) of this section.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.525  Monitoring devices.

    The COTP may require the facility to install monitoring devices if 
the installation of monitoring devices at the facility would 
significantly limit the size of a discharge of oil or hazardous material 
and either:
    (a) The environmental sensitivity of the area requires added 
protection;
    (b) The products transferred at the facility pose a significant 
threat to the environment; or
    (c) The size or complexity of the transfer operation poses a 
significant potential for a discharge of oil or hazardous material.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.530  Small discharge containment.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, each facility to which this part applies must have fixed 
catchments, curbing, or other fixed means to contain oil or hazardous 
material discharged in at least--
    (1) Each hose handling and loading arm area (that area on the 
facility that is within the area traversed by the free end of the hose 
or loading arm when moved from its normal stowed or idle position into a 
position for connection);
    (2) Each hose connection manifold area; and
    (3) Under each hose connection that will be coupled or uncoupled as 
part of the transfer operation during coupling, uncoupling, and 
transfer.
    (b) The discharge containment means required by paragraph (a) of 
this section must have a capacity of at least:
    (1) Two barrels if it serves one or more hoses of 6-inch inside 
diameter or smaller, or loading arms of 6-inch nominal pipe size 
diameter or smaller;
    (2) Three barrels if it serves one or more hoses with an inside 
diameter of more than 6-inches, but less than 12 inches, or loading arms 
with a nominal pipe size diameter of more than 6 inches, but less than 
12 inches; or
    (3) Four barrels if it serves one or more hoses of 12-inch inside 
diameter or larger, or loading arms of 12-inch nominal pipe size 
diameter or larger.
    (c) The facility may use portable means of not less than \1/2\ 
barrel capacity each to meet the requirements of paragraph (a) of this 
section for part or all of the facility if the COTP finds that fixed 
means to contain oil or hazardous material discharges are not feasible.
    (d) A mobile facility may have portable means of not less than five 
gallons capacity to meet the requirements of paragraph (a) of this 
section.
    (e) Fixed or portable containment may be used to meet the 
requirements of paragraph (a)(3) of this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.540  Discharge removal.

    Each facility to which this part applies must have a means to safely 
remove discharged oil or hazardous material, within one hour of 
completion of the transfer, from the containment required by 
Sec. 154.530 of this part without discharging the oil or hazardous 
material into the water.

[CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.545  Discharge containment equipment.

    (a) Each facility must have ready access to enough containment 
material and equipment to contain any oil or hazardous material 
discharged on the water from operations at that facility.
    (b) For the purpose of this section, ``access'' may be by direct 
ownership, joint ownership, cooperative venture, or contractual 
agreement.
    (c) Each facility must establish time limits, subject to approval by 
the COTP, for deployment of the containment material and equipment 
required by paragraph (a) of this section considering:
    (1) Oil or hazardous material handling rates;
    (2) Oil or hazardous material capacity susceptible to being spilled;
    (3) Frequency of facility operations;
    (4) Tidal and current conditions;

[[Page 298]]

    (5) Facility age and configuration; and
    (6) Past record of discharges.
    (d) The COTP may require a facility to surround each vessel 
conducting an oil or hazardous material transfer operation with 
containment material before commencing a transfer operation if--
    (1) The environmental sensitivity of the area requires the added 
protection;
    (2) The products transferred at the facility pose a significant 
threat to the environment;
    (3) The past record of discharges at the facility is poor; or
    (4) The size or complexity of the transfer operation poses a 
significant potential for a discharge of oil or hazardous material; and
    (5) The use of vessel containment provides the only practical means 
to reduce the extent of environmental damage.
    (e) Equipment and procedures maintained to satisfy the provisions of 
this chapter may be utilized in the planning requirements of subpart F 
of this part.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.550  Emergency shutdown.

    (a) The facility must have an emergency means to enable the person 
in charge of the transfer on board the vessel, at that person's usual 
operating station, to stop the flow of oil or hazardous material from 
the facility to the vessel. The means must be--
    (1) An electrical, pneumatic, or mechanical linkage to the facility; 
or
    (2) An electronic voice communications system continuously operated 
by a person on the facility who can stop the flow of oil or hazardous 
material immediately.
    (b) The point in the transfer system at which the emergency means 
stops the flow of oil or hazardous material on the facility must be 
located near the dock manifold connection to minimize the loss of oil or 
hazardous material in the event of the rupture or failure of the hose, 
loading arm, or manifold valve.
    (c) For oil transfers, the means used to stop the flow under 
paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred oil on or before November 1, 1980; and
    (2) 30 seconds on any facility that first transfers oil after 
November 1, 1980.
    (d) For hazardous material transfers, the means used to stop the 
flow under paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred hazardous material before October 4, 1990; and
    (2) 30 seconds on any facility that first transfers hazardous 
material on or after October 4, 1990.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990]



Sec. 154.560  Communications.

    (a) Each facility must have a means that enables continuous two-way 
voice communication between the person in charge of the vessel transfer 
operation and the person in charge of the facility transfer operation.
    (b) Each facility must have a means, which may be the communications 
system itself, that enables a person on board a vessel or on the 
facility to effectively indicate the desire to use the means of 
communication required by paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions of weather at the facility.
    (d) A facility may use the system in Sec. 154.550(a)(2) to meet the 
requirement of paragraph (a) of this section.
    (e) Portable radio devices used to comply with paragraph (a) of this 
section during the transfer of flammable or combustible liquids must be 
marked as intrinsically safe by the manufacturer of the device and 
certified as intrinsically safe by a national testing laboratory or 
other certification organization approved by the Commandant as defined 
in 46 CFR 111.105-11. As an alternative to the marking requirement, 
facility operators may maintain documentation at the facility certifying 
that the portable radio devices in

[[Page 299]]

use at the facility are in compliance with this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as 
amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.570  Lighting.

    (a) Except as provided in paragraph (c) of this section, for 
operations between sunset and sunrise, a facility must have fixed 
lighting that adequately illuminates:
    (1) Each transfer connection point on the facility;
    (2) Each transfer connection point in use on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred;
    (3) Each transfer operations work area on the facility; and
    (4) Each transfer operation work area on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred.
    (b) Where the illumination is apparently inadequate, the COTP may 
require verification by instrument of the levels of illumination. On a 
horizontal plane 3 feet above the barge deck or walking surface, 
illumination must measure at least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) For small or remote facilities, the COTP may authorize 
operations with an adequate level of illumination provided by the vessel 
or by portable means.
    (d) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



                     Subpart D--Facility Operations



Sec. 154.700  General.

    No person may operate a facility unless the equipment, personnel, 
and operating procedures of that facility meet the requirements of this 
part.

[CGD 75-124, 45 FR 7173, Jan. 31, 1980]



Sec. 154.710   Persons in charge: Designation and qualification.

    No person may serve, and the facility operator may not use the 
services of a person, as person in charge of facility transfer 
operations unless:
    (a) The facility operator has designated that person as a person in 
charge;
    (b) The person has had at least 48 hours of experience in transfer 
operations at a facility in operations to which this part applies. The 
person also has enough experience at the facility for which 
qualification is desired to enable the facility operator to determine 
that the person's experience is adequate;
    (c) The person has completed a training and qualification program 
established by the facility operator and described in the Operations 
Manual in accordance with Sec. 154.310(a)(21), that provides the person 
with the knowledge and training necessary to properly operate the 
transfer equipment at the facility, perform the duties described in 
paragraph (d) of this section, follow the procedures required by this 
part, and fulfill the duties required of a person in charge during an 
emergency, except that the COTP may approve alternative experience and 
training requirements for new facilities; and
    (d) The facility operator must certify that each person in charge 
has the knowledge of, and skills necessary to--
    (1) The hazards of each product to be transferred;
    (2) The rules in this part and in Part 156 of this chapter;
    (3) The facility operating procedures as described in the operations 
manual;
    (4) Vessel transfer systems, in general;
    (5) Vessel transfer control systems, in general;
    (6) Each facility transfer control system to be used;
    (7) Follow local discharge reporting procedures; and
    (8) Carry out the facility's response plan for discharge reporting 
and containment.
    (e) Training conducted to comply with the hazard communication 
programs required by the Occupational Safety and Health Administration 
(OSHA) of the Department of Labor

[[Page 300]]

(DOL) (29 CFR 1910.1200) or the Environmental Protection Agency (EPA) 
(40 CFR 311.1), or to meet the requirements of subpart F of this part 
may be used to satisfy the requirements in paragraphs (c) and (d) of 
this section, as long as the training addresses the requirements in 
paragraphs (c) and (d) of this section.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended by CGD 86-034, 55 
FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.730   Persons in charge: Evidence of designation.

    Each person in charge shall carry evidence of his designation as a 
person in charge when he is engaged in transfer operations unless such 
evidence is immediately available at the facility.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972]



Sec. 154.735  Safety requirements.

    Each operator of a facility to which this part applies shall ensure 
that the following safety requirements are met at the facility:
    (a) Access to the facility by firefighting personnel, fire trucks, 
or other emergency personnel is not impeded.
    (b) Materials which are classified as hazardous under 49 CFR parts 
170 through 179 are kept only in the quantities needed for the operation 
or maintenance of the facility and are stored in storage compartments.
    (c) Gasoline or other fuel is not stored on a pier, wharf, or other 
similar structure.
    (d) A sufficient number of fire extinguishers approved by an 
independent laboratory listed in 46 CFR 162.028-5 for fighting small, 
localized fires are in place throughout the facility and maintained in a 
ready condition.
    (e) The location of each hydrant, standpipe, hose station, fire 
extinguisher, and fire alarm box is conspicuously marked and readily 
accessible.
    (f) Each piece of protective equipment is ready to operate.
    (g) Signs indicating that smoking is prohibited are posted in areas 
where smoking is not permitted.
    (h) Trucks and other motor vehicles are operated or parked only in 
designated locations.
    (i) All rubbish is kept in receptacles.
    (j) All equipment with internal combustion engines used on the 
facility--
    (1) Does not constitute a fire hazard; and
    (2) Has a fire extinguisher attached that is approved by an 
independent laboratory listed in 46 CFR 162.028-5, unless such a fire 
extinguisher is readily accessible nearby on the facility.
    (k) Spark arresters are provided on chimneys or appliances which--
    (1) Use solid fuel; or
    (2) Are located where sparks constitute a hazard to nearby 
combustible material.
    (l) All welding or hot work conducted on or at the facility is the 
responsibility of the facility operator. The COTP may require that the 
operator of the facility notify the COTP before any welding or hot work 
operations are conducted. Any welding or hot work operations conducted 
on or at the facility must be conducted in accordance with NFPA 51B. The 
facility operator shall ensure that the following additional conditions 
or criteria are met:
    (1) Welding or hot work is prohibited during gas freeing operations, 
within 30.5 meters (100 feet) of bulk cargo operations involving 
flammable or combustible materials, within 30.5 meters (100 feet) of 
fueling operations, or within 30.5 meters (100 feet) of explosives or 
15.25 meters (50 feet) of other hazardous materials.
    (2) If the welding or hot work is on the boundary of a compartment 
(i.e., bulkhead, wall or deck) an additional fire watch shall be 
stationed in the adjoining compartment.
    (3) Personnel on fire watch shall have no other duties except to 
watch for the presence of fire and to prevent the development of 
hazardous conditions.
    (4) Flammable vapors, liquids or solids must first be completely 
removed from any container, pipe or transfer line subject to welding or 
hot work.
    (5) Tanks used for storage of flammable or combustible substances 
must

[[Page 301]]

be tested and certified gas free prior to starting hot work.
    (6) Proper safety precautions in relation to purging, inserting, or 
venting shall be followed for hot work on containers;
    (7) All local laws and ordinances shall be observed;
    (8) In case of fire or other hazard, all cutting, welding or other 
hot work equipment shall be completely secured.
    (m) Heating equipment has sufficient clearance to prevent unsafe 
heating of nearby combustible material.
    (n) Automotive equipment having an internal combustion engine is not 
refueled on a pier, wharf, or other similar structure.
    (o) There are no open fires or open flame lamps.
    (p) Electric wiring and equipment is maintained in a safe condition 
so as to prevent fires.
    (q) Electrical wiring and electrical equipment installed after 
October 4, 1990, meet NFPA 70.
    (r) Electrical equipment, fittings, and devices installed after 
October 4, 1990, show approval for that use by--
    (1) Underwriters Laboratories;
    (2) Factory Mutual Research Corporation; or
    (3) Canadian Standards Association.
    (s) Tank cleaning or gas freeing operations conducted by the 
facility on vessels carrying oil residues or mixtures shall be conducted 
in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the OCIMF 
International Safety Guide for Oil Tankers and Terminals (ISGOTT), 
except that--
    (1) Prohibitions in ISGOTT against the use of recirculated wash 
water do not apply if the wash water is first processed to remove 
product residues;
    (2) The provision in ISGOTT section 9.2.10 concerning flushing the 
bottom of tanks after every discharge of leaded gasoline does not apply;
    (3) The provision in ISGOTT section 9.2.11 concerning that removal 
of sludge, scale, and sediment does not apply if personnel use breathing 
apparatus which protect them from the tank atmosphere; and
    (4) Upon the request of the facility owner or operator in accordance 
with Sec. 154.107, the COTP may approve the use of alternative standards 
to ISGOTT if the COTP determines that the alternative standards provide 
an equal level of protection to the ISGOTT standards.
    (t) Guards are stationed, or equivalent controls acceptable to the 
COTP are used to detect fires, report emergency conditions, and ensure 
that access to the marine transfer area is limited to--
    (1) Personnel who work at the facility including persons assigned 
for transfer operations, vessel personnel, and delivery and service 
personnel in the course of their business;
    (2) Coast Guard personnel;
    (3) Other Federal, State, or local governmental officials; and
    (4) Other persons authorized by the operator.
    (u) Smoking shall be prohibited at the facility except that facility 
owners or operators may authorize smoking in designated areas if--
    (1) Smoking areas are designated in accordance with local ordinances 
and regulations;
    (2) Signs are conspicuously posted marking such authorized smoking 
areas; and
    (3) ``No Smoking'' signs are conspicuously posted elsewhere on the 
facility.
    (v) Warning signs shall be displayed on the facility at each 
shoreside entry to the dock or berth, without obstruction, at all times 
for fixed facilities and for mobile facilities during coupling, transfer 
operation, and uncoupling. The warning signs shall conform to 46 CFR 
151.45-2(e)(1) or 46 CFR 153.955.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 
41460, Aug. 8, 1996]



Sec. 154.740  Records.

    Each facility operator shall maintain at the facility and make 
available for examination by the COTP:
    (a) A copy of the letter of intent for the facility;
    (b) The name of each person designated as a person in charge of 
transfer operations at the facility and certification that each person 
in charge has completed the training requirements of Sec. 154.710 of 
this part;
    (c) The date and result of the most recent test or examination of 
each

[[Page 302]]

item tested or examined under Sec. 156.170 of this chapter;
    (d) The hose information required by Sec. 154.500 (e) and (g) except 
that marked on the hose;
    (e) The record of all examinations of the facility by the COTP 
within the last 3 years;
    (f) The Declaration of Inspection required by Sec. 156.150(f) of 
this chapter;
    (g) A record of all repairs made within the last three years 
involving any component of the facility's vapor control system required 
by subpart E of this part;
    (h) A record of all automatic shut downs of the facility's vapor 
control system within the last 3 years; and
    (i) Plans, calculations, and specifications of the facility's vapor 
control system certified under Sec. 154.804 of this part.
    (j) If they are not marked as such, documentation that the portable 
radio devices in use at the facility under Sec. 154.560 of this part are 
intrinsically safe.

(Approved by the Office of Management and Budget under control number 
2115-0096)

[CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25429, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 93-
056, 61 FR 41461, Aug. 8, 1996]



Sec. 154.750  Compliance with operations manual.

    The facility operator shall require facility personnel to use the 
procedures in the operations manual prescribed by Sec. 154.300 for 
operations under this part.

[CGD 75-124, 45 FR 7174, Jan. 31, 1980]



                    Subpart E--Vapor Control Systems

    Source: CGD 88-102, 55 FR 25429, June 21, 1990, unless otherwise 
noted.



Sec. 154.800  Applicability.

    (a) Except as specified by paragraph (c) of this section, this 
subpart applies to:
    (1) Each facility which collects vapors of crude oil, gasoline 
blends, or benzene emitted from vessel cargo tanks;
    (2) A vessel which is not a tank vessel that has a vapor processing 
unit located on board for recovery, destruction, or dispersion of crude 
oil, gasoline blends, or benzene vapors from a tank vessel; and
    (3) Certifying entities which review, inspect, test, and certify 
facility vapor control systems.
    (b) A facility which collects vapors of flammable or combustible 
cargoes other than crude oil, gasoline blends, or benzene, must meet the 
requirements prescribed by the Commandant (G-MSO).
    (c) A facility with an existing Coast Guard approved vapor control 
system which was operating prior to July 23, 1990 is subject only to 
Sec. 154.850 of this subpart as long as it receives cargo vapor only 
from the specific vessels for which it was approved.
    (d) This subpart does not apply to the collection of vapors of 
liquefied flammable gases as defined in 46 CFR 30.10-39.
    (e) When a facility vapor control system which receives cargo vapor 
from a vessel is connected to a facility vapor control system that 
serves tank storage areas and other refinery processes, the specific 
requirements of this subpart apply between the vessel vapor connection 
and the point where the vapor control system connects to the facility's 
main vapor control system.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.802  Definitions.

    As used in this subpart:
    Certifying entity means an individual or organization accepted by 
the Commandant (G-MSO) to review plans and calculations for vapor 
control system designs, and to conduct initial inspections and witness 
tests of vapor control system installations.
    Existing vapor control system means a vapor control system which was 
operating prior to July 23, 1990.
    Facility vapor connection means the point in a facility's vapor 
collection system where it connects to a vapor collection hose or the 
base of a vapor collection arm.
    Inerted means the oxygen content of the vapor space in a tank 
vessel's cargo tank is reduced to 8 percent by volume or less in 
accordance with the inert gas requirements of 46 CFR 32.53 or 46 CFR 
153.500.

[[Page 303]]

    Liquid knockout vessel means a device to separate liquid from vapor.
    Maximum allowable transfer rate means the maximum volumetric rate at 
which a vessel may receive cargo or ballast.
    New vapor control system means a vapor control system which is not 
an existing vapor control system.
    Vapor balancing means the transfer of vapor displaced by incoming 
cargo from the tank of a vessel receiving cargo into a tank of the 
vessel or facility delivering cargo via a vapor collection system.
    Vapor collection system means an arrangement of piping and hoses 
used to collect vapor emitted from a vessel's cargo tanks and transport 
the vapor to a vapor processing unit.
    Vapor control system means an arrangement of piping and equipment 
used to control vapor emissions collected from a vessel, and includes 
the vapor collection system and the vapor processing unit.
    Vapor destruction unit means a vapor processing unit that destroys 
cargo vapor by a means such as incineration.
    Vapor dispersion system means a vapor processing unit which releases 
cargo vapor to the atmosphere through a venting system not located on 
the vessel being loaded or ballasted.
    Vapor processing unit means the components of a vapor control system 
that recovers, destroys, or disperses vapor collected from a vessel.
    Vapor recovery unit means a vapor processing unit that recovers 
cargo vapor by a non-destructive means such as lean oil absorbtion, 
carbon bed adsorption, or refrigeration.
    Vessel vapor connection means the point in a vessel's fixed vapor 
collection system where it connects to a vapor collection hose or arm.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.804  Review, certification, and initial inspection.

    (a) A new vapor control system installation must be certified by a 
certifying entity as meeting the requirements of this subpart prior to 
operating.
    (b) An existing vapor control system installation not exempted by 
Sec. 154.800(c) of this subpart must be certified by a certifying entity 
by July 23, 1992. Plans, calculations, and specifications for the 
installation must be submitted to a certifying entity for review by 
January 23, 1991.
    (c) An existing vapor control system installation that has been 
Coast Guard approved for operation with specific vessels must be 
certified by a certifying entity prior to receiving vapors from other 
vessels.
    (d) Plans and information submitted to the certifying entity must 
include a qualitative failure analysis. The analysis must demonstrate 
the following:
    (1) The vapor control system is designed to permit the system to 
continuously operate safely when receiving cargo vapors from tankships 
and barges over the full range of transfer rates expected at the 
facility;
    (2) The vapor control system is provided with the proper alarms and 
automatic control systems to prevent unsafe operation;
    (3) The vapor control system is equipped with sufficient automatic 
or passive devices to minimize damage to personnel, property, and the 
environment if an accident were to occur; and
    (4) If a quantitative failure analysis is also conducted, the level 
of safety attained is at least one order of magnitude greater than that 
calculated for operating without a vapor control system.

    Note: The American Institute of Chemical Engineers publication, 
``Guidelines for Hazard Evaluation Procedures'' may be used as guidance 
when preparing a qualitative failure analysis. Military Standard MIL-
STD-882B may be used as guidance when preparing a quantitative failure 
analysis.

    (e) The certifying entity must conduct all initial inspections and 
witness all tests required to demonstrate that the facility:
    (1) Conforms to certified plans and specifications;
    (2) Meets the requirements of this subpart; and
    (3) Is operating properly.
    (f) Upon receipt of written certification from the certifying entity 
that a facility's vapor control system complies with the requirements of 
this part

[[Page 304]]

the COTP shall endorse the letter of adequacy required by Sec. 154.325 
of this part to indicate that the facility is acceptable for collecting 
vapors of crude oil, gasoline blends, benzene, or any other vapors for 
which it is certified.
    (g) Any design or configuration alteration involving a certified 
vapor control system must be reviewed by a certifying entity. After 
conducting any inspections and witnessing tests necessary to verify that 
the modified vapor control system meets the requirements of this 
subpart, the certifying entity must recertify the installation.
    (h) Certifications issued in accordance with this section and a copy 
of the plans, calculations, and specifications for the vapor control 
system must be maintained at the facility.
    (i) A certifying entity accepted under Sec. 154.806 of this subpart 
may not certify a facility vapor control system if it was involved in 
the design or installation of the system.

(Approved by the Office of Management and Budget under control number 
2115-0581)



Sec. 154.806  Application for acceptance as a certifying entity.

    (a) An individual or organization seeking acceptance as a certifying 
entity must apply in writing to the Commandant (G-MSO). Each application 
must be signed and certified to be correct by the applicant or, if the 
applicant is an organization, by an authorized officer or official 
representative of the organization, and must include a letter of intent 
from a facility owner or operator to use the services of the individual 
or organization to certify a vapor control system installation. Any 
false statement or misrepresentation, or the knowing and willful 
concealment of a material fact may subject the applicant to prosecution 
under the provisions of 18 U.S.C. 1001, and denial or termination of 
acceptance as a certifying entity.
    (b) The applicant must possess the following minimum qualifications, 
and be able to demonstrate these qualifications to the satisfaction of 
the Commandant (G-MSO):
    (1) The ability to review and evaluate design drawings and failure 
analyses;
    (2) A knowledge of the applicable regulations of this subpart, 
including the standards incorporated by reference in these regulations;
    (3) The ability to monitor and evaluate test procedures and results;
    (4) The ability to perform inspections and witness tests of bulk 
liquid cargo handling systems;
    (5) That it is not controlled by an owner or operator of a vessel or 
facility engaged in controlling vapor emissions; and
    (6) That it is not dependent upon Coast Guard acceptance under this 
section to remain in business.
    (c) Each application for acceptance must contain the following:
    (1) The name and address of the applicant, including subsidiaries 
and divisions if applicable;
    (2) A statement that the applicant is not controlled by an owner or 
operator of a vessel or facility engaged in controlling vapor emissions, 
or a full disclosure of any ownership or controlling interest held by 
such owners or operators;
    (3) A description of the experience and qualifications of the 
person(s) who would be reviewing or testing the systems;
    (4) A statement that the person(s) who would be reviewing or testing 
the systems is/are familiar with the regulations in this subpart; and
    (5) A statement that the Coast Guard may verify the information 
submitted in the application and may examine the person(s) who would be 
reviewing or testing the systems to determine their qualifications.
    (d) The acceptance of a certifying entity may be terminated by the 
Commandant (G-MSO) if the entity fails to properly review, inspect, or 
test a system in accordance with this subpart.

    Note: A list of entities accepted to certify facility vapor control 
system installations is available from the Commandant (G-MSO).

(Approved by the Office of Management and Budget under control number 
2115-0581)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]

[[Page 305]]



Sec. 154.808  Vapor control system, general.

    (a) A vapor control system design and installation must eliminate 
potential overfill hazards, overpressure and vacuum hazards, and sources 
of ignition to the maximum practical extent. Each remaining hazard 
source which is not eliminated must be specifically addressed in the 
protection system design and operational requirements.
    (b) Vapor collection system piping and fittings must be in 
accordance with ANSI B31.3 and designed for a maximum allowable working 
pressure of at least 150 psig. Valves and flanges must be in accordance 
with ANSI B16.5 or B16.24, 150 pound class.
    (c) All electrical equipment used in a vapor control system must 
comply with NFPA 70.
    (d) Any pressure, flow, or concentration indication required by this 
part must provide a remote indicator on the facility where the cargo 
transfer and vapor control systems are controlled.
    (e) Any alarm condition specified in this part must activate an 
audible and visible alarm where the cargo transfer and vapor control 
systems are controlled.
    (f) The vapor control system must be separated or insulated from 
external heat sources to limit vapor control system piping surface 
temperature to not more than 177  deg.C. (350  deg.F.) during normal 
operation.
    (g) A means must be provided to eliminate any liquid condensate from 
the vapor collection system which carries over from the vessel or 
condenses as a result of an enrichment process.
    (h) If a liquid knockout vessel is installed it must have:
    (1) A means to indicate the level of liquid in the device;
    (2) A high liquid level sensor that activates an alarm; and
    (3) A high high level sensor that closes the remotely operated cargo 
vapor shutoff valve required by Sec. 154.810(a) of this subpart and 
shuts down any compressors or blowers prior to liquid carrying over from 
the vessel to the compressor or blower.
    (i) Vapor collection piping must be electrically grounded and 
electrically continuous.
    (j) If the facility handles inerted vapors of cargoes containing 
sulfur, provisions must be made to control heating from pyrophoric iron 
sulfide deposits in the vapor collection line.



Sec. 154.810  Vapor line connections.

    (a) A remotely operated cargo vapor shutoff valve must be installed 
in the vapor collection line between the facility vapor connection and 
the nearest point where any inerting, enriching, or diluting gas is 
introduced into the vapor collection line or where a detonation arrester 
is fitted. The valve must:
    (1) Close within thirty (30) seconds after detection of a shutdown 
condition by a component required by this subpart;
    (2) Close automatically if the control signal is lost;
    (3) Activate an alarm when a signal to shut down is received;
    (4) Be capable of manual operation or manual activation;
    (5) Have a local valve position indicator or be designed so that the 
valve position can be readily determined from the valve handle or valve 
stem position; and
    (6) If the valve seat is fitted with resilient material, not allow 
appreciable leakage when the resilient material is damaged or destroyed.
    (b) Except when a vapor collection arm is used, the last 1.0 meter 
(3.3 feet) of vapor piping before the facility vapor connection must be:
    (1) Painted red/yellow/red with:
    (i) The red bands 0.1 meter (0.33 feet) wide, and
    (ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
    (2) Labeled ``VAPOR'' in black letters at least 50 millimeters (2 
inches) high.
    (c) Each facility vapor connection flange must have a permanently 
attached 0.5 inch diameter stud at least 1.0 inch long projecting 
outward from the flange face. The stud must be located at the top of the 
flange, midway between bolt holes, and in line with the bolt hole 
pattern.
    (d) Each hose used for transferring vapors must:
    (1) Have a design burst pressure of at least 25 psig;

[[Page 306]]

    (2) Have a maximum allowable working pressure of at least 5 psig;
    (3) Be capable of withstanding at least 2.0 psi vacuum without 
collapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of ten 
thousand (10,000) ohms;
    (5) Have flanges with:
    (i) A bolt hole arrangement complying with the requirements for 150 
pound class ANSI B16.5 flanges, and
    (ii) One or more 0.625 inch diameter holes in the flange located 
midway between bolt holes and in line with the bolt hole pattern;
    (6) Be abrasion resistant and resistant to kinking; and
    (7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose 
marked in accordance with paragraph (b) of this section.
    (e) Vapor hose handling equipment must be provided with hose saddles 
which provide adequate support to prevent kinking or collapse of hoses.
    (f) Fixed vapor collection arms must:
    (1) Meet the requirements of paragraphs (d)(1) through (d)(5) of 
this section;
    (2) Have the last 1.0 meter (3.3 feet) of the arm marked in 
accordance with paragraph (b) of this section.
    (g) The facility vapor connection must be electrically insulated 
from the vessel vapor connection in accordance with section 6.10 of the 
OCIMF International Safety Guide for Oil Tankers and Terminals.
    (h) A vapor collection system fitted with an enriching system that 
operates at a positive gauge pressure at the facility vapor connection 
must be fitted with:
    (1) A manual isolation valve between each facility vapor connection 
and the remotely operated cargo vapor shutoff valve required by 
paragraph (a) of this section; and
    (2) A means to prevent backflow of enriched vapor to the vessel's 
vapor collection system.



Sec. 154.812  Facility requirements for vessel liquid overfill protection.

    (a) Each facility which receives cargo vapor from a tank barge which 
is fitted with overfill protection in accordance with 46 CFR 39.20-9(a) 
as its only means of overfill protection must provide a 120 volt, 20 amp 
explosion proof receptacle which meets:
    (1) ANSI/NEMA WD6;
    (2) NFPA 70, Articles 410-57 and 501-12; and
    (3) 46 CFR 111.105-9.
    (b) Each facility that receives cargo vapor from a tank barge fitted 
with an intrinsically safe cargo tank level sensor system complying with 
46 CFR 39.20-9(b) as its only means of overfill protection must have an 
overfill control panel on the dock capable of powering and receiving an 
alarm and shutdown signal from the cargo tank level sensor system that:
    (1) Closes the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart and activates the emergency shutdown 
system required by Sec. 154.550 of this part when:
    (i) A tank overfill signal is received from the barge, or
    (ii) Electrical continuity of the cargo tank level sensor system is 
lost;
    (2) Activates an alarm which is audible and visible to barge 
personnel and facility personnel when a tank overfill signal, or an 
optional high level signal corresponding to a liquid level lower than 
the tank overfill sensor setting, is received from the barge;
    (3) Has a means to electrically and mechanically test the alarms and 
automatic shutdown systems prior to transferring cargo to or ballasting 
the tank barge;
    (4) Has suitable means, such as approved intrinsic safety barriers 
able to accept passive devices, to ensure that the overfill and optional 
alarm circuits on the barge side of the overfill control panel, 
including cabling, normally closed switches, and pin and sleeve 
connectors, are intrinsically safe;
    (5) Is labeled with the maximum allowable inductance and capacitance 
to be connected to the panel, as specified by the equipment 
manufacturer; and
    (6) Has a female connecting plug for the tank barge level sensor 
system with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2 
which is:
    (i) Configured with pins S2 and R1 for the tank overfill sensor 
circuit, pin G connected to the cabling shield, and pins N and T3 
reserved for an optional high level alarm connection;

[[Page 307]]

    (ii) Labeled ``Connector for Barge Overflow Control System''; and
    (iii) Connected to the overfill control panel by a shielded flexible 
cable.



Sec. 154.814  Facility requirements for vessel vapor overpressure and vacuum protection.

    (a) A facility's vapor collection system must have the capacity for 
collecting cargo vapor at a rate of not less than 1.25 times the 
facility's maximum liquid transfer rate for cargo for which vapor 
collection is required plus any inerting, diluting, or enriching gas 
which may be added to the system, unless the vapor growth for turbulent 
loading of the most volatile liquid handled by the facility is less than 
25 percent.
    (b) A facility vapor collection system must maintain the pressure in 
a vessel's cargo tanks between 80 percent of the highest setting of any 
of the vessel's vacuum relief valves and 80 percent of the lowest 
setting of any of the vessel's pressure relief valves for a non-inerted 
tank vessel, and between 0.2 psig and 80 percent of the lowest setting 
of any of the vessel's pressure relief valves for an inerted tank 
vessel. The system must be capable of maintaining the pressure in the 
vessel's cargo tanks within this range at any cargo transfer rate less 
than or equal to the maximum transfer rate determined at the pre-
transfer conference required by Sec. 156.120(w) of this chapter.
    (c) The pressure measured at the facility vapor connection must be 
corrected for pressure drops across the vessel's vapor collection system 
and the vapor collection hose or arm.
    (d) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection exceeds either 
the pressure corresponding to the upper pressure determined in paragraph 
(b) of this section or a lower pressure agreed upon at the pre-transfer 
conference required by Sec. 156.120(w) of this chapter.
    (e) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection falls below 
either the pressure corresponding to the lower pressure determined in 
paragraph (b) of this section or a higher pressure agreed upon at the 
pre-transfer conference required by Sec. 156.120(w) of this chapter.
    (f) A pressure sensing device must be provided which activates the 
emergency shutdown system required by Sec. 154.550 of this part and 
closes the remotely operated cargo vapor shutoff valve required by 
Sec. 154.810(a) of this subpart when the pressure at the facility vapor 
connection exceeds 2.0 psi, or a lower pressure agreed upon at the pre-
transfer conference required by Sec. 156.120(w) of this chapter. The 
sensing device must be independent of the device used to activate the 
alarm required by paragraph (d) of this section.
    (g) A pressure sensing device must be provided which closes the 
remotely operated cargo vapor shutoff valve required by Sec. 154.810(a) 
of this subpart when the vacuum at the facility vapor connection is more 
than 1.0 psi, or a lesser vacuum set at the pre-transfer conference 
required by Sec. 156.120(w) of this chapter. The sensing device must be 
independent of the device used to activate the alarm required by 
paragraph (e) of this section.
    (h) The pressure sensing devices required by paragraphs (e) and (f) 
of this section must be located in the vapor collection line between the 
facility vapor connection and the manual isolation valve, if required by 
Sec. 154.810(h) of this subpart, unless an interlock is provided which 
prevents operation of the system when the isolation valve is closed.
    (i) A pressure indicating device must be provided which indicates 
the pressure in the vapor collection line.
    (j) If a compressor, blower, or eductor capable of drawing more than 
1.0 psi vacuum is used to draw vapor from the vessel, a vacuum relief 
valve must be installed in the vapor collection line between the 
compressor, blower, or eductor and the facility vapor connection, which:
    (1) Relieves at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 1.0 
psi vacuum;
    (2) Has a relieving capacity equal to or greater than the capacity 
of the compressor, blower, or eductor;
    (3) Has a flame screen fitted at the vacuum relief opening; and

[[Page 308]]

    (4) Has been tested for relieving capacity in accordance with 
paragraph 1.5.1.3 of API 2000 with a flame screen fitted.
    (k) When a facility collects cargo vapor through an undersea 
pipeline from a vessel moored offshore, the vacuum relief valve may be 
set at a vacuum greater than 1.0 psi vacuum provided the pressure 
controls take into account the pressure drop across the vessel's vapor 
collection system, any vapor collection hoses, and the undersea pipeline 
as a function of the actual transfer rate.
    (l) If the pressure in the vapor collection system can exceed 2.0 
psig due to a malfunction in an inerting, enriching, or diluting system 
a pressure relief valve must:
    (1) Be installed between the point where inerting, enriching, or 
diluting gas is introduced into the vapor collection system and the 
facility vapor connection;
    (2) Relieve at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 2.0 
psig;
    (3) Have a relieving capacity equal to or greater than the maximum 
capacity of the facility inerting, enriching, or diluting gas source;
    (4) If not designed to insure a minimum vapor discharge velocity of 
30 meters (98.4 ft.) per second, have a flame screen fitted at the 
discharge opening; and
    (5) Have been tested for relieving capacity in accordance with 
paragraph 1.5.1.3 of API 2000.
    (m) The relieving capacity test required by paragraph (l)(5) must be 
carried out with a flame screen fitted at the discharge opening if the 
pressure relief valve is not designed to insure a minimum vapor 
discharge velocity of 30 meters (98.4 ft.) per second.



Sec. 154.820  Fire, explosion, and detonation protection.

    (a) A vapor control system with a single facility vapor connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes vapor with a vapor recovery unit must:
    (1) Be capable of inerting the vapor collection line in accordance 
with Sec. 154.824(a) of this subpart prior to receiving vapors from the 
vessel;
    (2) Have at least one oxygen analyzer that samples the vapor 
concentration continuously at a point not more than 6 meters (19.7 ft.) 
from the facility vapor connection; and
    (3) Meet Sec. 154.824 (f)(1), (f)(2), (g), (h)(2), and (h)(3) of 
this subpart.
    (b) A vapor control system with a single facility vapor connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting system that meets the requirements of 
Sec. 154.824 of this subpart.
    (c) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
and processes vapor with a vapor recovery unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (d) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
and processes the vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; and
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (e) A vapor control system with multiple facility vapor connections 
that processes vapor with a vapor recovery unit must have a detonation 
arrester located not more than 6 meters (19.7 ft.) from each facility 
vapor connection.
    (f) A vapor control system with multiple facility vapor connections 
that processes vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.)

[[Page 309]]

from each facility vapor connection; and
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (g) A vapor control system that uses a vapor balancing system in 
which cargo vapor from a vessel is transferred through the facility 
vapor collection system to facility storage tanks must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from each facility vapor connection;
    (2) Have a detonation arrester located within the storage tank 
containment area as close as practical to the vapor return connection of 
each facility storage tank; and
    (3) Have facility storage tank high level alarm systems and facility 
storage tank overfill control systems arranged to prevent cargo from 
entering the vapor return line.
    (h) Except for a discharge vent from a vapor destruction unit, each 
outlet of a vapor control system that vents to atmosphere and is not 
isolated with a pressure-vacuum relief valve must have a flame arrester 
located at the outlet.



Sec. 154.822  Detonation arresters, flame arresters, and flame screens.

    (a) Each detonation arrester required by this part must:
    (1) Be capable of arresting a detonation from either side of the 
device; and
    (2) Be acceptable to the Commandant (G-MSO). A detonation arrester 
designed, built, and tested in accordance with appendix A of this part 
will be acceptable to the Commandant (G-MSO).
    (b) Each flame arrester required by this part must be acceptable to 
the Commandant (G-MSO). A flame arrester designed, built, and tested in 
accordance with appendix B of this part will be acceptable to the 
Commandant (G-MSO).
    (c) Each flame screen required by this part must be either a single 
screen of corrosion resistant wire of at least 30 by 30 mesh, or two 
screens, both of corrosion resistant wire, of at least 20 by 20 mesh, 
spaced not less than 12.7 millimeters (1\1/2\ in.) or more than 38.1 
millimeters (1\1/2\ in.) apart.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as 
amended by CGD 96-026, 61 FR 33666, June 28, 1996]



Sec. 154.824  Inerting, enriching, and diluting systems.

    (a) A vapor control system which uses inerting, enriching, or 
diluting gas must be capable of inerting, enriching, or diluting the 
vapor collection line prior to receiving cargo vapor.
    (b) Except as permitted by Sec. 154.820(a) of this subpart, a vapor 
control system which uses an inerting, enriching, or diluting system 
must be equipped with a gas injection and mixing arrangement located as 
close as practical but not more than 10 meters (32.8 ft.) from the 
facility vapor connection that ensures complete mixing of the gases 
within 20 pipe diameters of the injection point;
    (c) A vapor control system that uses an inerting or enriching system 
may not be operated at a vacuum after the injection point unless:
    (1) There are no sleeve-type pipe couplings, vacuum relief valves, 
or other devices which could allow air into the vapor collection system 
downstream of the injection point; or
    (2) An additional analyzer is used to monitor the downstream vapor 
concentration and a means is provided to inject additional inerting or 
enriching gas.
    (d) A vapor control system that uses analyzers to control the amount 
of inerting, enriching, or diluting gas injected into the vapor 
collection line must be equipped with at least 2 analyzers. The 
analyzers must be connected so that:
    (1) When oxygen analyzers are used, the higher oxygen concentration 
reading controls the inerting or enriching system and activates the 
alarm and automatic shutdown system required by paragraph (h), (j) or 
(k)(2) of this section;
    (2) When hydrocarbon analyzers are used, the lower hydrocarbon 
concentration reading controls the enriching system and activates the 
alarm and automatic shutdown system required by paragraph (i) or (k)(1) 
of this section; and

[[Page 310]]

    (3) When hydrocarbon analyzers are used, the higher hydrocarbon 
concentration reading controls the diluting system and activates the 
alarm and automatic shutdown system required by paragraph (l) of this 
section.
    (e) A vapor control system that uses volumetric measurements to 
control the amount of inerting, enriching, or diluting gas injected into 
the vapor collection line must be equipped with at least one analyzer to 
activate the alarms and automatic shutdown systems required by this 
section.
    (f) Each oxygen or hydrocarbon analyzer required by this section 
must:
    (1) Be installed in accordance with API Recommended Practice 550;
    (2) Have a response time of not more than 30 seconds from the time 
the vapor is sampled; and
    (3) Sample the vapor concentration continuously not more than 30 
pipe diameters from the gas injection point.
    (g) Oxygen analyzers which operate at elevated temperatures (i.e. 
zirconia oxide or thermomagnetic) must not be used.
    (h) An inerting system must:
    (1) Supply sufficient inert gas to the vapor stream to ensure that 
the oxygen concentration throughout the vapor collection system is 
maintained below 8.0 percent by volume;
    (2) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 8.0 percent by volume;
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this part when the oxygen concentration in the 
vapor collection line exceeds 9.0 percent by volume; and
    (4) If a combustion device is used to produce the inert gas, have a 
hydraulic seal and non-return valve between the combustion device and 
the vapor collection line.
    (i) An enriching system must:
    (1) Supply sufficient compatible hydrocarbon vapor to the vapor 
stream to ensure that the hydrocarbon concentration throughout the vapor 
collection system is maintained above 170 percent by volume of the upper 
flammable limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line falls below 170 percent by volume of the upper 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration in 
the vapor collection line falls below 150 percent by volume of the upper 
flammable limit.
    (j) Oxygen analyzers may be used in lieu of hydrocarbon analyzers in 
an enriching system at a facility that receives cargo vapor only from a 
vessel with non-inerted cargo tanks, provided that the analyzers:
    (1) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 15.5 percent by volume; and
    (2) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the oxygen concentration in the 
vapor collection line exceeds 16.5 percent by volume.
    (k) An enriching system may be used in a vapor collection system 
that receives cargo vapor from a vessel with inerted cargo tanks if:
    (1) Hydrocarbon analyzers are used to comply with paragraph (i)(2) 
and (i)(3) of this section; or
    (2) If oxygen analyzers are used, the analyzers activate an alarm 
when the oxygen concentration in the vapor collection line exceeds 8 
percent by volume, and close the remotely operated cargo vapor shutoff 
valve required by Sec. 154.810(a) of this subpart when the oxygen 
concentration exceeds 9 percent by volume.
    (l) An air dilution system must:
    (1) Supply sufficient additional air to the vapor stream to ensure 
that the hydrocarbon concentration throughout the vapor collection 
system is maintained below 30 percent by volume of the lower flammable 
limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line exceeds 30 percent by volume of the lower 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration in 
the vapor

[[Page 311]]

collection line exceeds 50 percent by volume of the lower flammable 
limit.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990]



Sec. 154.826  Vapor compressors and blowers.

    (a) Each inlet and outlet to a compressor or blower which handles 
vapor that has not been inerted, enriched, or diluted in accordance with 
Sec. 154.824 of this subpart must be fitted with:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant (G-
MSO).
    (b) If a reciprocating or screw-type compressor handles vapor in the 
vapor collection system, it must be provided with indicators and audible 
and visible alarms to warn against the following conditions:
    (1) Excessive discharge gas temperature at each compressor chamber 
or cylinder;
    (2) Excessive cooling water temperature;
    (3) Excessive vibration;
    (4) Low lube oil level;
    (5) Low lube oil pressure; and
    (6) Excessive shaft bearing temperatures.
    (c) If a liquid ring-type compressor handles vapor in the vapor 
collection system, it must be provided with indicators and audible and 
visible alarms to warn against the following conditions:
    (1) Low level of liquid sealing medium;
    (2) Lack of flow of liquid sealing medium;
    (3) Excessive temperature of the liquid sealing medium;
    (4) Low lube oil level;
    (5) Low lube oil pressure, if pressurized lubricating system; and
    (6) Excessive shaft bearing temperature.
    (d) If a centrifugal compressor, fan, or lobe blower handles vapor 
in the vapor collection system, construction of the blades and/or 
housing must meet one of the following:
    (1) Blades or housing of nonmetallic construction;
    (2) Blades and housing of nonferrous material;
    (3) Blades and housing of corrosion resistant steel;
    (4) Ferrous blades and housing with one-half inch or more design tip 
clearance; or
    (5) Blades of aluminum or magnesium alloy and a ferrous housing with 
a nonferrous insert sleeve at the periphery of the impeller.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.828  Vapor recovery and vapor destruction units.

    (a) The inlet to a vapor recovery unit which receives cargo vapor 
that has not been inerted, enriched, or diluted in accordance with 
Sec. 154.824 of this subpart must be fitted with one of the following:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant (G-
MSO).
    (b) The inlet to a vapor destruction unit must:
    (1) Have a liquid seal; and
    (2) Have two quick-closing stop valves installed in the vapor line.
    (c) A vapor destruction unit must:
    (1) Not be within 30 meters (98.8 ft.) of any tank vessel berth or 
mooring at the facility;
    (2) Have a flame arrester or detonation arrester fitted in the vapor 
line; and
    (3) Alarm and shut down when a flame is detected on the flame 
arrester or detonation arrester.
    (d) When a vapor destruction unit shuts down or has a flame-out 
condition the vapor destruction unit control system must:
    (1) Close the quick-closing stop valves required by paragraph (b)(2) 
of this section; and
    (2) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.840  Personnel training.

    (a) A person in charge of a transfer operation utilizing a vapor 
control system must have completed a training

[[Page 312]]

program covering the particular system installed at the facility. 
Training must include drills or demonstrations using the installed vapor 
control system covering normal operations and emergency procedures.
    (b) The training program required by paragraph (a) of this section 
must cover the following subjects:
    (1) Purpose of a vapor control system;
    (2) Principles of the vapor control system;
    (3) Components of the vapor control system;
    (4) Hazards associated with the vapor control system;
    (5) Coast Guard regulations in this subpart;
    (6) Operating procedures, including:
    (i) Testing and inspection requirements,
    (ii) Pre-transfer procedures,
    (iii) Connection sequence,
    (iv) Start-up procedures, and
    (v) Normal operations; and
    (7) Emergency procedures.



Sec. 154.850  Operational requirements.

    (a) A facility must receive vapors only from a vessel which has its 
certificate of inspection or certificate of compliance endorsed in 
accordance with 46 CFR 39.10-13(e).
    (b) The following must be performed not more than 24 hours prior to 
each transfer operation:
    (1) All alarms and automatic shutdown systems required by this part 
must be tested; and
    (2) The analyzers required by Sec. 154.820(a), Sec. 154.824 (d) and 
(e) of this subpart must be checked for calibration by use of a span 
gas.
    (c) The position of all valves in the vapor line between the 
vessel's tanks and the facility vapor collection system must be verified 
prior to the start of the transfer operation.
    (d) A tank barge overfill control system that meets the requirements 
of 46 CFR 39.20-9(b) must not be connected to an overfill sensor circuit 
that exceeds the system's rated cable length, inductance, and 
capacitance.
    (e) When vapor is being received from a vessel with inerted cargo 
tanks, the remotely operated cargo vapor shutoff valve required by 
Sec. 154.810(a) of this subpart must not be opened until the pressure at 
the facility vapor connection exceeds the pressure on the downstream 
side of the remotely operated cargo vapor shutoff valve.
    (f) The initial cargo transfer rate must not exceed the rate agreed 
upon at the pre-transfer conference required by Sec. 156.120(w) of this 
chapter and 46 CFR 39.30-1(h).
    (g) The cargo transfer rate must not exceed the maximum allowable 
transfer rate as determined by the lesser of the following:
    (1) A transfer rate corresponding to the maximum vapor processing 
rate for the vapor control system, as specified in the facility 
operations manual required by Sec. 154.300 of this chapter; or
    (2) The vessel's maximum transfer rate determined in accordance with 
46 CFR 39.30-1(d).
    (h) While transferring cargo to a vessel connected to a vapor 
control system, compressed air or gas may be used to clear cargo hoses 
and loading arms, but must not be used to clear cargo lines.
    (i) If one of the two analyzers required by Sec. 154.824(d) of this 
subpart becomes inoperable during a transfer operation, the operation 
may continue provided the remaining analyzer remains operational; 
however, no further transfer operations may be started until the 
inoperable analyzer is replaced or repaired.
    (j) Whenever a condition results in a shutdown of the vapor control 
system, the person in charge shall immediately terminate cargo loading.
    (k) If it is suspected that a flare in the vapor control system has 
had a flare-back, or if a flame is detected on the flame arrester 
required by Sec. 154.828(c)(2) of this subpart, the transfer operation 
must be stopped and not be restarted until the flame arrester has been 
inspected and found to be in satisfactory condition.



              Subpart F--Response Plans for Oil Facilities

    Source: CGD 91-036, 61 FR 7917, Feb. 29, 1996, unless otherwise 
noted.

[[Page 313]]



Sec. 154.1010  Purpose.

    This subpart establishes oil spill response plan requirements for 
all marine transportation-related (MTR) facilities (hereafter also 
referred to as facilities) that could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment 
by discharing oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone. The development of a response plan prepares 
the facility owner or operator to respond to an oil spill. These 
requirements specify criteria to be used during the planning process to 
determine the appropriate response resources. The specific criteria for 
response resources and their arrival times are not performance 
standards. The criteria are based on a set of assumptions that may not 
exist during an actual oil spill incident.



Sec. 154.1015  Applicability.

    (a) This subpart applies to all MTR facilities that because of their 
location could reasonably be expected to cause at least substantial harm 
to the environment by discharging oil into or on the navigable waters, 
adjoining shorelines, or exclusive economic zone.
    (b) The following MTR facilities that handle, store, or transport 
oil, in bulk, could reasonably be expected to cause substantial harm to 
the environment by discharging oil into or on the navigable waters or 
adjoining shorelines and are classified as substantial harm MTR 
facilities:
    (1) Fixed MTR onshore facilities capable of transferring oil to or 
from a vessel with a capacity of 250 barrels or more and deepwater 
ports;
    (2) Mobile MTR facilities used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (3) Those MTR facilities specifically designated as substantial harm 
facilities by the COTP under Sec. 154.1016.
    (c) The following MTR facilities that handle, store, or transport 
oil in bulk could not only reasonably be expected to cause substantial 
harm, but also significant and substantial harm, to the environment by 
discharging oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone and are classified as significant and 
substantial harm MTR facilities:
    (1) Deepwater ports, and fixed MTR onshore facilities capable of 
transferring oil to or from a vessel with a capacity of 250 barrels or 
more except for facilities that are part of a non-transportation-related 
fixed onshore facility with a storage capacity of less than 42,000 
gallons; and
    (2) Those MTR facilities specifically designated as significant and 
substantial harm facilities by the COTP under Sec. 154.1016.
    (d) An MTR facility owner or operator who believes the facility is 
improperly classified may request review and reclassification in 
accordance with Sec. 154.1075.



Sec. 154.1016  Facility classification by COTP.

    (a) The COTP may upgrade the classification of:
    (1) An MTR facility not specified in Sec. 154.1015 (b) or (c) to a 
facility that could reasonably be expected to cause substantial harm to 
the environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility that 
could reasonably be expected to cause significant and substantial harm 
to the environment.
    (b) The COTP may downgrade, the classification of:
    (1) An MTR facility specified in Sec. 154.1015(c) to a facility that 
could reasonably be expected to cause substantial harm to the 
environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility that 
could not reasonably be expected to cause substantial, or significant 
and substantial harm to the environment.
    (3) The COTP will consider downgrading an MTR facility's 
classification only upon receiving a written request for a downgrade of 
classification from the facility's owner or operator.
    (c) When changing a facility classification the COTP may, as 
appropriate, consider all relevant factors including, but not limited 
to: Type and quantity of oils handled in bulk; facility spill history; 
age of facility; proximity to public and commercial water supply 
intakes; proximity to navigable waters based on the definition of 
navigable

[[Page 314]]

waters in 33 CFR 2.05-25; and proximity to fish and wildlife and 
sensitive environments.



154.1017  Response plan submission requirements.

    (a) The owner or operator of an MTR facility identified only in 
Sec. 154.1015(b), or designated by the COTP as a substantial harm 
facility, shall prepare and submit to the cognizant COTP a response plan 
that meets the requirements of Secs. 154.1030, 154.1040, 154.1045, or 
Sec. 154.1047, as appropriate. This applies to:
    (1) A mobile MTR facility used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (2) A fixed MTR facility specifically designated as a substantial 
harm facility by the COTP under Sec. 154.1016.
    (b) The owner or operator of an MTR facility identified in 
Sec. 154.1015(c) or designated by the COTP as a significant and 
substantial harm facility shall prepare and submit for review and 
approval of the cognizant COTP a response plan that meets the 
requirements of Secs. 154.1030, 154.1035, 154.1045, or 154.1047, as 
appropriate. This applies to:
    (1) A fixed MTR facility capable of transferring oil, in bulk, to or 
from a vessel with a capacity of 250 barrels or more; and
    (2) An MTR facility specifically designated as a significant and 
substantial harm facility by the COTP under Sec. 154.1016.
    (c) In addition to the requirements in paragraphs (a) and (b) of 
this section, the response plan for a mobile MTR facility must meet the 
requirements of Sec. 154.1041 subpart F.



Sec. 154.1020  Definition.

    Except as otherwise defined in this section, the definition in 33 
CFR 154.105 apply to this subpart and subparts H and I.
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height as specified in 
Secs. 154.1045, 154.1047, 154.1225, or 154.1325, as appropriate; ice 
conditions, temperatures, weather-related visibility, and currents 
within the COTP zone in which the systems or equipment are intended to 
function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals, and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels or 1 percent of the volume of the worst case discharge.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, where applicable, the seaward extension of that zone to the 
outer boundary of the exclusive economic zone (EEZ).
    Complex means a facility possessing a combination of marine-
transportation related and non-transportation-related components that is 
subject to the jurisdiction of more than one Federal agency under 
section 311(j) of the Clean Water Act.
    Exclusive economic zone (EEZ) means the zone contiguous to the 
territorial sea of the United States extending to a distance up to 200 
nautical miles from the baseline from which the breadth of the 
territorial sea is measured.
    Facility that could reasonably be expected to cause significant and 
substantial harm means any MTR facility (including piping and any 
structures that are used for the transfer of oil between a vessel and a 
facility) classified as a ``significant and substantial harm'' facility 
under Sec. 154.1015(c) including a facility specifically designated by 
the COTP under Sec. 154.1016(a).
    Facility that could reasonably be expected to cause substantial harm 
means any MTR facility classified as a ``substantial harm'' facility 
under Sec. 154.1015(b) including a facility specifically designated by 
the COTP under Sec. 154.1016(a).
    Fish and Wildlife and Sensitive Environment means areas that may be 
identified by either their legal designation or by Area Committees in 
the applicable Area Contingency Plan (ACP) (for planning) or by members 
of the Federal On-Scene Coordinator's spill response structure (during 
responses). These areas may include: Wetlands, national and state parks, 
critical habitats for

[[Page 315]]

endangered or threatened species, wilderness and natural resource areas, 
marine sanctuaries and estuarine reserves, conservation areas, 
preserves, wildlife areas, wildlife refuges, wild and scenic rivers, 
areas of economic importance, recreational areas, national forests, 
Federal and state lands that are research areas, heritage program areas, 
land trust areas, and historical and archaeological sites and parks. 
These areas may also include unique habitats such as: aquaculture sites 
and agricultural surface water intakes, bird nesting areas, critical 
biological resource areas, designated migratory routes, and designated 
seasonal habitats.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Higher volume port area means the following ports:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
    (7) Louisiana Offshore Oil Port (LOOP), LA.
    (8) Lake Charles, LA.
    (9) Sabine-Neches River, TX.
    (10) Galveston Bay and Houston Ship Channel, TX.
    (11) Corpus Christi, TX.
    (12) Los Angeles/Long Beach harbor, CA.
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA.
    (14) Straits of Juan De Fuca from Port Angeles, WA, to and including 
Puget Sound, WA.
    (15) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, 
it means the area shoreward of the lines of demarcation (COLREG lines) 
defined in Secs. 80.740 through 80.850 of this chapter. The inland area 
does not include the Great Lakes.
    Marine transportation-related facility (MTR facility) means any 
onshore facility or segment of a complex regulated under section 311(j) 
of the Federal Water Pollution Control Act (FWPCA) by two or more 
Federal agencies, including piping and any structure used or intended to 
be used to transfer oil to or from a vessel, subject to regulation under 
this part and any deepwater port subject to regulation under part 150 of 
this chapter. For a facility or segment of a complex regulated by two or 
more Federal agencies under section 311(j) of the FWPCA, the MTR portion 
of the complex extends from the facility oil transfer system's 
connection with the vessel to the first valve inside the secondary 
containment surrounding tanks in the non-transportation-related portion 
of the facility or, in the absence of secondary containment, to the 
valve or manifold adjacent to the tanks comprising the non-
transportation-related portion of the facility, unless another location 
has otherwise been agreed to by the COTP and the appropriate Federal 
official.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the cognizant COTP.
    Maximum most probable discharge means a discharge of the lesser of 
1,200 barrels or 10 percent of the volume of a worst case discharge.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, it means the area extending seaward 12 miles from 
the line of demarcation (COLREG lines) defined in Secs. 80.740-80.850 of 
this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50 percent of which by volume, distill at a temperature 
of 340 degrees C (645 degrees F); and
    (2) At least 95 percent of which by volume, distill at a temperature 
of 370 degrees C (700 degrees F).

[[Page 316]]

    Ocean means the offshore area and nearshore area as defined in this 
subpart.
    Offshore area means the area beyond 12 nautical miles measured from 
the boundary lines defined in 46 CFR part 7 extending seaward to 50 
nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it 
is the area beyond 12 nautical miles of the line of demarcation (COLREG 
lines) defined in Secs. 80.740-80.850 of this chapter extending seaward 
to 50 nautical miles.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other 
than dredge spoil.
    Oil spill removal organization (OSRO) means an entity that provides 
response resources.
    On-Scene Coordinator (OSC) means the definition in the National Oil 
and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
    Operating area means Rivers and Canals, Inland, Nearshore, Great 
Lakes, or Offshore geographic location(s) in which a facility is 
handling, storing, or transporting oil.
    Operating environment means Rivers and Canals, Inland, Great Lakes, 
or Ocean. These terms are used to define the conditions in which 
response equipment is designed to function.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart including, ensuring the availability 
of the response resources by contract or other approved means, and 
conducting the necessary training and drills.
    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not generally an animal fat or vegetable oil.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Qualified individual and alternate qualified individual means a 
person located in the United States who meets the requirements of 
Sec. 154.1026.
    Response activities means the containment and removal of oil from 
the land, water, and shorelines, the temporary storage and disposal of 
recovered oil, or the taking of other actions as necessary to minimize 
or mitigate damage to the public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals means a body of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that has a project depth of 12 feet 
or less.
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 deg.C (60 deg.F) to the mass of an equal volume of pure 
water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of a discharge means any incident or condition 
involving a facility that may create a risk of discharge of oil. Such 
incidents include, but are not limited to storage tank or piping 
failures, above ground or underground leaks, fires, explosions, 
flooding, spills contained within the facility, or other similar 
occurrences.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene.

    [Note: Tiers are applied in three categories:
    (1) Higher Volume Port Areas,
    (2) Great Lakes, and
    (3) All other operating environments, including rivers and canals, 
inland, nearshore, and offshore areas.
    Appendix C, Table 4 of this part, provides specific guidance on 
calculating response resources. Sections 154.1045(f) and 154.1135, set 
forth the required times within which the response resources must arrive 
on-scene.]


[[Page 317]]


    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, and not specifically identified 
elsewhere in this part.
    Worst case discharge means in the case of an onshore facility and 
deepwater port, the largest foreseeable discharge in adverse weather 
conditions meeting the requirements of Sec. 154.1029.



Sec. 154.1025  Operating restrictions and interim operating authorization.

    (a) The owner or operator of an MTR facility who submitted a 
response plan prior to May 29, 1996, may elect to comply with any of the 
provisions of this final rule by revising the appropriate section of the 
previously submitted plan in accordance with Sec. 154.1065. An owner or 
operator of an MTR facility who elects to comply with all sections of 
this final rule must resubmit the plan in accordance with Sec. 154.1060 
of this part.
    (b) No facility subject to this subpart may handle, store, or 
transport oil unless it is operating in full compliance with a submitted 
response plan. No facility categorized under Sec. 154.1015(c) as a 
significant and substantial harm facility may handle, store, or 
transport oil unless the submitted response plan has been approved by 
the COTP. The owner or operator of each new facility to which this 
subpart applies must submit a response plan meeting the requirements 
listed in Sec. 154.1017 not less than 60 days prior to handling, 
storing, or transporting oil. Where applicable, the response plan shall 
be submitted along with the letter of intent required under 
Sec. 154.110.
    (c) Notwithstanding the requirements of paragraph (b) of this 
section, a facility categorized under Sec. 154.1015(c) as a significant 
and substantial harm facility may continue to handle, store, or 
transport oil for 2 years after the date of submission of a response 
plan, pending approval of that plan. To continue to handle, store, or 
transport oil without a plan approved by the COTP, the facility owner or 
operator shall certify in writing to the COTP that the owner or operator 
has ensured, by contract or other approved means as described in 
Sec. 154.1028(a), the availability of the necessary private personnel 
and equipment to respond, to the maximum extend practicable to a worst 
case discharge or substantial threat of such a discharge from the 
facility. Provided that the COTP is satisfied with the certification of 
response resources provided by the owner or operator of the facility, 
the COTP will provide written authorization for the facility to handle, 
store, or transport oil while the submitted response plan is being 
reviewed. Pending approval of the submitted response plan, deficiencies 
noted by the COTP must be corrected in accordance with Sec. 154.1070.
    (d) A facility may not continue to handle, store, or transport oil 
if--
    (1) The COTP determines that the response resources identified in 
the facility certification statement or reference response plan do not 
substantially meet the requirements of this subpart;
    (2) The contracts or agreements cited in the facility's 
certification statement or referenced response plans are no longer 
valid;
    (3) The facility is not operating in compliance with the submitted 
plan;
    (4) The response plan has not been resubmitted or approved within 
the last 5 years; or
    (5) The period of the authorization under paragraph (c) of this 
section has expired.



Sec. 154.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate must be available on a 24-hour basis 
and be able to arrive at the facility in a reasonable time.
    (b) The qualified individual and alternate must:
    (1) Be located in the United States;
    (2) Speak fluent English;
    (3) Be familiar with the implementation of the facility response 
plan; and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) The owner or operator shall provide each qualified individual 
and alternate qualified individual identified in the plan with a 
document designating them as a qualified individual and specifying their 
full authority to:

[[Page 318]]

    (1) Activate and engage in contracting with oil spill removal 
organization(s);
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OSC); and
    (3) Obligate funds required to carry out response activities.
    (d) The owner or operator of a facility may designate an 
organization to fulfill the role of the qualified individual and the 
alternate qualified individual. The organization must then identify a 
qualified individual and at least one alternate qualified individual who 
meet the requirements of this section. The facility owner or operator is 
required to list in the response plan the organization, the person 
identified as the qualified individual, and the person or person(s) 
identified as the alternate qualified individual(s).
    (e) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the authority contained in their designation from the owner or operator 
of the facility.
    (f) The liability of a qualified individual is considered to be in 
accordance with the provisions of 33 USC 1321(c)(4).



Sec. 154.1028  Methods of ensuring the availability of response resources by contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas;
    (2) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and drills; 
and
    (iv) Is referenced in the response plan; or
    (5) The identification of an oil spill removal organization with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



Sec. 154.1029  Worst case discharge.

    (a) The response plan must use the appropriate criteria in this 
section to develop the worst case discharge.
    (b) For the MTR segment of a facility, not less than--
    (1) Where applicable, the loss of the entire capacity of all in-line 
and break out tank(s) needed for the continuous operation of the 
pipelines used for the purposes of handling or transporting oil, in 
bulk, to or from a vessel regardless of the presence of secondary 
containment; plus
    (2) The discharge from all piping carrying oil between the marine 
transfer manifold and the non-transportation-related portion of the 
facility. The discharge from each pipe is calculated as follows: The 
maximum time to discover the release from the pipe in hours, plus the 
maximum time to shut down flow from the pipe in hours (based on historic 
discharge data or the best estimate in the absence of historic

[[Page 319]]

discharge data for the facility) multiplied by the maximum flow rate 
expressed in barrels per hour (based on the maximum relief valve setting 
or maximum system pressure when relief valves are not provided) plus the 
total line drainage volume expressed in barrels for the pipe between the 
marine manifold and the non-transportation-related portion of the 
facility; and
    (c) For a mobile facility it means the loss of the entire contents 
of the container in which the oil is stored or transported.



Sec. 154.1030  General response plan contents.

    (a) The plan must be written in English.
    (b) A response plan must be divided into the sections listed in this 
paragraph and formatted in the order specified herein unless noted 
otherwise. It must also have some easily found marker identifying each 
section listed below. The following are the sections and subsections of 
a facility response plan:
    (1) Introduction and plan contents.
    (2) Emergency response action plan:
    (i) Notification procedures.
    (ii) Facility's spill mitigation procedures.
    (iii) Facility's response activities.
    (iv) Fish and wildlife and sensitive environments.
    (v) Disposal plan.
    (3) Training and Exercises:
    (i) Training procedures.
    (ii) Exercise procedures.
    (4) Plan review and update procedures.
    (5) Appendices.
    (i) Facility-specific information.
    (ii) List of contacts.
    (iii) Equipment lists and records.
    (iv) Communications plan.
    (v) Site-specific safety and health plan.
    (vi) List of acronyms and definitions.
    (vii) A geographic-specific appendix for each zone in which a mobile 
facility operates.
    (c) The required contents for each section and subsection of the 
plan are contained in Secs. 154.1035, 154.1040, and 154.1041, as 
appropriate.
    (d) The sections and subsections of response plans submitted to the 
COTP must contain at a minimum all the information required in 
Secs. 154.1035, 154.1040, and 154.1041, as appropriate. It may contain 
other appropriate sections, subsections, or information that are 
required by other Federal, State, and local agencies.
    (e) For initial and subsequent submission, a plan that does not 
follow the format specified in paragraph (b) of this section must be 
supplemented with a detailed cross-reference section to identify the 
location of the applicable sections required by this subpart.
    (f) The information contained in a response plan must be consistent 
with the National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) 
covering the area in which the facility operates. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.



Sec. 154.1035  Specific requirements for facilities that could reasonably be expected to cause significant and substantial harm to the environment.

    (a) Introduction and plan content. This section of the plan must 
include facility and plan information as follows:
    (1) The facility's name, street address, city, county, state, ZIP 
code, facility telephone number, and telefacsimile number, if so 
equipped. Include mailing address if different from street address.
    (2) The facility's location described in a manner that could aid 
both a reviewer and a responder in locating the specific facility 
covered by the plan, such as, river mile or location from a known 
landmark that would appear on a map or chart.
    (3) The name, address, and procedures for contacting the facility's 
owner or operator on a 24-hour basis.
    (4) A table of contents.
    (5) During the period that the submitted plan does not have to 
conform

[[Page 320]]

to the format contained in this subpart, a cross index, if appropriate.
    (6) A record of change(s) to record information on plan updates.
    (b) Emergency Response Action Plan. This section of the plan must be 
organized in the subsections described in this paragraph:
    (1) Notification procedures. (i) This subsection must contain a 
prioritized list identifying the person(s), including name, telephone 
number, and their role in the plan, to be notified of a discharge or 
substantial threat of a discharge of oil. The telephone number need not 
be provided if it is listed separately in the list of contacts required 
in the plan. This Notification Procedures listing must include--
    (A) Facility response personnel, the spill management team, oil 
spill removal organizations, and the qualified individual(s) and the 
designated alternate(s); and
    (B) Federal, State, or local agencies, as required.
    (ii) This subsection must include a form, such as that depicted in 
Figure 1, which contains information to be provided in the initial and 
follow-up notifications to Federal, State, and local agencies. The form 
shall include notification of the National Response Center as required 
in part 153 of this chapter. Copies of the form also must be placed at 
the location(s) from which notification may be made. The initial 
notification form must include space for the information contained in 
Figure 1. The form must contain a prominent statement that initial 
notification must not be delayed pending collection of all information.

                  Figure 1.--Information on discharge *                 
                           [Involved Parties]                           
------------------------------------------------------------------------
        (A) Reporting party            (B) Suspected responsible party  
------------------------------------------------------------------------
Name                                 Name                               
Phones (    )     -                  Phones (    )     -                
Company                              Company                            
Position                             Organization Type:                 
Address                                Private citizen                  
Address                                Private enterprise               
                                       Public utility                   
                                       Local government                 
                                       State government                 
                                       Federal government               
City                                 City                               
State                                State                              
Zip                                  Zip                                
------------------------------------------------------------------------
* It is not necessary to wait for all information before calling NRC.   
  National Response Center--1-800-424-8802.                             


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                                                 
                                                                        
------------------------------------------------------------------------

[[Page 321]]

                                                                        
                                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. (i) This subsection must 
describe the volume(s) and oil groups that would be involved in the--
    (A) Average most probable discharge from the MTR facility;
    (B) Maximum most probable discharge from the MTR facility;
    (C) Worst case discharge from the MTR facility; and
    (D) Where applicable, the worst case discharge from the non-
transportation-related facility. This must be the same volume provided 
in the response plan for the non-transportation-related facility.
    (ii) This subsection must contain prioritized procedures for 
facility personnel to mitigate or prevent any discharge or substantial 
threat of a discharge of oil resulting from operational activities 
associated with internal or external facility transfers including 
specific procedures to shut down affected operations. Facility personnel 
responsible for performing specified procedures to mitigate or prevent 
any discharge or potential discharge shall be identified by job title. A 
copy of these procedures shall be maintained at the facility operations 
center. These procedures must address actions to be taken by facility 
personnel in the event of a discharge, potential discharge, or emergency 
involving the following equipment and scenarios:
    (A) Failure of manifold, mechanical loading arm, other transfer 
equipment, or hoses, as appropriate;
    (B) Tank overfill;
    (C) Tank failure;
    (D) Piping rupture;
    (E) Piping leak, both under pressure and not under pressure, if 
applicable;
    (F) Explosion or fire; and
    (G) Equipment failure (e.g. pumping system failure, relief valve 
failure, or other general equipment relevant to operational activities 
associated with internal or external facility transfers.)
    (iii) This subsection must contain a listing of equipment and the 
responsibilities of facility personnel to mitigate an average most 
probable discharge.
    (3) Facility's response activities. (i) This subsection must contain 
a description of the facility personnel's responsibilities to initiate a 
response and supervise response resources pending the arrival of the 
qualified individual.
    (ii) This subsection must contain a description of the 
responsibilities and authority of the qualified individual and alternate 
as required in Sec. 154.1026.
    (iii) This subsection must describe the organizational structure 
that will be used to manage the response actions. This structure must 
include the following functional areas.
    (A) Command and control;
    (B) Public information;

[[Page 322]]

    (C) Safety;
    (D) Liaison with government agencies;
    (E) Spill Operations;
    (F) Planning;
    (G) Logistics support; and
    (H) Finance.
    (iv) This subsection must identify the oil spill removal 
organizations and the spill management team to:
    (A) Be capable of providing the following response resources:
    (1) Equipment and supplies to meet the requirements of 
Secs. 154.1045, 154.1047 or subparts H or I of this part, as 
appropriate; and
    (2) Trained personnel necessary to continue operation of the 
equipment and staff of the oil spill removal organization and spill 
management team for the first 7 days of the response.
    (B) This section must include job descriptions for each spill 
management team member within the organizational structure described in 
paragraph (b)(3)(iii) of this section. These job descriptions should 
include the responsibilities and duties of each spill management team 
member in a response action.
    (v) For mobile facilities that operate in more than one COTP zone, 
the plan must identify the oil spill removal organization and the spill 
management team in the applicable geographic-specific appendix. The oil 
spill removal organization(s) and the spill management team discussed in 
paragraph (b)(3)(iv)(A) of this section must be included for each COTP 
zone in which the facility will handle, store, or transport oil in bulk.
    (4) Fish and wildlife and sensitive environments. (i) This section 
of the plan must identify areas of economic importance and environmental 
sensitivity, as identified in the ACP, which are potentially impacted by 
a worst case discharge. ACPs are required under section 311(j)(4) of the 
FWPCA to identify fish and wildlife and sensitive environments. The 
applicable ACP shall be used to designate fish and wildlife and 
sensitive environments in the plan. Changes to the ACP regarding fish 
and wildlife and sensitive environments shall be included in the annual 
update of the response plan, when available.
    (ii) For a worst case discharge from the facility, this section of 
the plan must--
    (A) List all fish and wildlife and sensitive environments identified 
in the ACP which are potentially impacted by a discharge of persistent 
oils, non-persistent oils, or non-petroleum oils.
    (B) Describe all the response actions that the facility anticipates 
taking to protest these fish and wildlife and sensitive environments.
    (C) Contain a map or chart showing the location of those fish and 
wildlife and sensitive environments which are potentially impacted. The 
map or chart shall also depict each response action that the facility 
anticipates taking to protect these areas. A legend of activities must 
be included on the map page.
    (iii) For a worst case discharge, this section must identify 
appropriate equipment and required personnel, available by contract or 
other approved means as described in Sec. 154.1028, to protect fish and 
wildlife and sensitive environments which fall within the distances 
calculated using the methods outlined in this paragraph as follows:
    (A) Identify the appropriate equipment and required personnel to 
protect all fish and wildlife and sensitive environments in the ACP for 
the distances, as calculated in paragraph (b)(4)(iii)(B) of this 
section, that the persistent oils, non-persistent oils, or non-petroleum 
oils are likely to travel in the noted geographic area(s) and number of 
days listed in Table 2 of appendix C of this part;
    (B) Calculate the distances required by paragraph (b)(4)(iii)(A) of 
this section by selecting one of the methods described in this 
paragraph;
    (1) Distances may be calculated as follows:
    (i) For persistent oils and non-petroleum oils discharged into non-
tidal waters, the distance from the facility reached in 48 hours at 
maximum current.
    (ii) For persistent and non-petroleum oils discharged into tidal 
waters, 15 miles from the facility down current during ebb tide and to 
the point of maximum tidal influence or 15 miles, whichever is less, 
during flood tide.

[[Page 323]]

    (iii) For non-persistent oils discharged into non-tidal waters, the 
distance from the facility reached in 24 hours at maximum current.
    (iv) For non-persistent oils discharged into tidal waters, 5 miles 
from the facility down current during ebb tide and to the point of 
maximum tidal influence or 5 miles, whichever is less, during flood 
tide.
    (2) A spill trajectory or model may be substituted for the distances 
calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill 
trajectory or model must be acceptable to the COTP.
    (3) The procedures contained in the Environmental Protection's 
Agency's regulations on oil pollution prevention for non-transportation-
related onshore facilities at 40 CFR part 112, appendix C, Attachment C-
III may be substituted for the distances listed in non-tidal and tidal 
waters; and
    (C) Based on historical information or a spill trajectory or model, 
the COTP may require the additional fish and wildlife and sensitive 
environments also be protected.
    (5) Disposal Plan. This subsection must describe any actions to be 
taken or procedures to be used to ensure that all recovered oil and oil 
contaminated debris produced as a result of any discharge are disposed 
according to Federal, state, or local requirements.
    (c) Training and exercises. This section must be divided into the 
following two subsections:
    (1) Training procedures. This subsection must describe the training 
procedures and programs of the facility owner or operator to meet the 
requirements in Sec. 154.1050.
    (2) Exercise procedures. This subsection must describe the exercise 
program to be carried out by the facility owner or operator to meet the 
requirements in Sec. 154.1055.
    (d) Plan review and update procedures. This section must address the 
procedures to be followed by the facility owner or operator to meet the 
requirements of Sec. 154.1065 and the procedures to be followed for any 
post-discharge review of the plan to evaluate and validate its 
effectiveness.
    (e) Appendices. This section of the response plan must include the 
appendices described in this paragraph.
    (1) Facility-specific information. This appendix must contain a 
description of the facility's principal characteristics.
    (i) There must be a physical description of the facility including a 
plan of the facility showing the mooring areas, transfer locations, 
control stations, locations of safety equipment, and the location and 
capacities of all piping and storage tanks.
    (ii) The appendix must identify the sizes, types, and number of 
vessels that the facility can transfer oil to or from simultaneously.
    (iii) The appendix must identify the first valve(s) on facility 
piping separating the transportation-related portion of the facility 
from the non-transportation-related portion of the facility, if any. For 
piping leading to a manifold located on a dock serving tank vessels, 
this valve is the first valve inside the secondary containment required 
by 40 CFR part 112.
    (iv) The appendix must contain information on the oil(s) and 
hazardous material handled, stored, or transported at the facility in 
bulk. A material safety data sheet meeting the requirements of 29 CFR 
1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this 
requirement. This information can be maintained separately providing it 
is readily available and the appendix identifies its location. This 
information must include--
    (A) The generic or chemical name;
    (B) A description of the appearance and odor;
    (C) The physical and chemical characteristics;
    (D) The hazards involved in handling the oil(s) and hazardous 
materials. This shall include hazards likely to be encountered if the 
oil(s) and hazardous materials come in contact as a result of a 
discharge; and
    (E) A list of firefighting procedures and extinguishing agents 
effective with fires involving the oil(s) and hazardous materials.
    (v) The appendix may contain any other information which the 
facility owner or operator determines to be pertinent to an oil spill 
response.
    (2) List of contacts. This appendix must include information on 24-
hour

[[Page 324]]

contact of key individuals and organizations. If more appropriate, this 
information may be specified in a geographic-specific appendix. The list 
must include--
    (i) The primary and alternate qualified individual(s) for the 
facility;
    (ii) The contact(s) identified under paragraph (b)(3)(iv) of this 
section for activation of the response resources; and
    (iii) Appropriate Federal, State, and local officials.
    (3) Equipment list and records. This appendix must include the 
information specified in this paragraph.
    (i) The appendix must contain a list of equipment and facility 
personnel required to respond to an average most probable discharge, as 
defined in Sec. 154.1020. The appendix must also list the location of 
the equipment.
    (ii) The appendix must contain a detailed listing of all the major 
equipment identified in the plan as belonging to an oil spill removal 
organization(s) that is available, by contract or other approved means 
as described in Sec. 154.1028(a), to respond to a maximum most probable 
or worst case discharge, as defined in Sec. 154.1020. The detailed 
listing of all major equipment may be located in a separate document 
referenced by the plan. Either the appendix or the separate document 
referenced in the plan must provide the location of the major response 
equipment.
    (iii) It is not necessary to list response equipment from oil spill 
removal organization(s) when the organization has been classified by the 
Coast Guard and their capacity has been determined to equal or exceed 
the response capability needed by the facility. For oil spill removal 
organization(s) classification by the Coast Guard, the classified must 
be noted in this section of the plan. When it is necessary for the 
appendix to contain a listing of response equipment, it shall include 
all of the following items that are identified in the response plan: 
Skimmers; booms; dispersant application, in-situ burning, bioremediation 
equipment and supplies, and other equipment used to apply other chemical 
agents on the NCP Product Schedule (if applicable); communications, 
firefighting, and beach cleaning equipment; boats and motors; disposal 
and storage equipment; and heavy equipment. The list must include for 
each piece of equipment--
    (A) The type, make, model, and year of manufacture listed on the 
nameplate of the equipment;
    (B) For oil recovery devices, the effective daily recovery rate, as 
determined using section 6 of Appendix C of this part;
    (C) For containment boom, the overall boom height (draft and 
freeboard) and type of end connectors;
    (D) The spill scenario in which the equipment will be used for or 
which it is contracted;
    (E) The total daily capacity for storage and disposal of recovered 
oil;
    (F) For communication equipment, the type and amount of equipment 
intended for use during response activities. Where applicable, the 
primary and secondary radio frequencies must be specified.
    (G) Location of the equipment; and
    (H) The date of the last inspection by the oil spill removal 
organization(s).
    (4) Communications plan. This appendix must describe the primary and 
alternate method of communication during discharges, including 
communications at the facility and at remote locations within the areas 
covered by the response plan. The appendix may refer to additional 
communications packages provided by the oil spill removal organization. 
This may reference another existing plan or document.
    (5) Site-specific safety and health plan. This appendix must 
describe the safety and health plan to be implemented for any response 
location(s). It must provide as much detailed information as is 
practicable in advance of an actual discharge. This appendix may 
reference another existing plan requiring under 29 CFR 1910.120.
    (6) List of acronyms and definitions. This appendix must list all 
acronyms used in the response plan including any terms or acronyms used 
by Federal, State, or local governments and any operational terms 
commonly used at the facility. This appendix must include all 
definitions that are critical to understanding the response plan.

[[Page 325]]



Sec. 154.1040  Specific requirements for facilities that could reasonably be expected to cause substantial harm to the environment.

    (a) The owner or operator of a facility that, under Sec. 154.1015, 
could reasonably be expected to cause substantial harm to the 
environment, shall submit a response plan that meets the requirements of 
Sec. 154.1035, except as modified by this section.
    (b) The facility's response activities section of the response plan 
need not list the facility or corporate organizational structure that 
will be used to manage the response, as required by 
Sec. 154.1035(b)(3)(iii).
    (c) The owner or operator of a facility must ensure the availability 
of response resources required to be identified in 
Sec. 154.1035(b)(3)(iv) by contract or other approved means described in 
Sec. 154.1028.
    (d) A facility owner or operator must have at least 200 feet of 
containment boom and the means of deploying and anchoring the boom 
available at the spill site within 1 hour of the detection of a spill to 
respond to the average most probable discharge in lieu of the quantity 
of containment boom specified in Sec. 154.1045(c)(1). Based on site-
specific or facility-specific information, the COTP may specify that 
additional quantities of containment boom are available within one hour. 
In addition, there must be adequate sorbent material for initial 
response to an average most probable discharge. If the facility is a 
fixed facility, the containment boom and sorbent material must be 
located at the facility. If the facility is a mobile facility, the 
containment boom and sorbent must be available locally and be at the 
site of the discharge within 1 hour of its discovery.



Sec. 154.1041  Specific response information to be maintained on mobile MTR facilities.

    (a) Each mobile MTR facility must carry the following information as 
contained in the response plan when performing transfer operations:
    (1) A description of response activities for a discharge which may 
occur during transfer operations. This may be a narrative description or 
a list of procedures to be followed in the event of a discharge.
    (2) Identity of response resources to respond to a discharge from 
the mobile MTR facility.
    (3) List of the appropriate persons and agencies (including the 
telephone numbers) to be contacted in regard to a discharge and its 
handling, including the National Response Center.
    (b) The owner or operator of the mobile facility must also retain 
the information in this paragraph at the principal place of business.



Sec. 154.1045  Response plan development and evaluation criteria for facilities that handle, store, or transport Group I through Group IV petroleum oils.

    (a) The owner or operator of a facility that handles, stores, or 
transports Group I through Group IV petroleum oils shall use the 
criteria in this section to evaluate response resources identified in 
the response plan for the specified operating environment.
    (1) The criteria in Table 1 of appendix C of this part are to be 
used solely for identification of appropriate equipment in a response 
plan. These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal facility operations.
    (2) The response resources must be evaluated considering limitations 
for the COTP zones in which the facility operates, including but not 
limited to--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges;
    (iv) Weather-related visibility; and
    (v) Other appropriate environmental conditions as determined by the 
COTP.
    (3) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be identified by the 
COTP in the applicable ACP. Reclassifications may be to--
    (i) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (ii) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant

[[Page 326]]

wave height criteria for the less stringent operating environment during 
more than 35 percent of the year.
    (b) Response equipment must--
    (1) Meet or exceed the operating criteria listed in Table 1 of 
appendix C of this part;
    (2) Function in the applicable operating environment; and
    (3) Be appropriate for the petroleum oil carried.
    (c) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to the 
facility's average most probable discharge. The response resources must 
include, at a minimum--
    (1) 1,000 feet of containment boom or two times the length of the 
largest vessel that regularly conducts petroleum oil transfers to or 
from the facility, whichever is greater, and the means of deploying and 
anchoring the boom available at the spill site within 1 hour of the 
detection of a spill; and
    (2) Oil recovery devices and recovered oil storage capacity capable 
of being at the spill site within 2 hours of the discovery of a 
petroleum oil discharge from a facility.
    (d) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to a discharge 
up to the facility's maximum most probable discharge volume.
    (1) The response resources must include sufficient containment boom, 
oil recovery devices, and storage capacity for any recovery of up to the 
maximum most probable discharge planning volume, as contained in 
appendix C.
    (2) The response resources must be appropriate for each group of 
petroleum oil identified in Sec. 154.1020 that is handled, stored, or 
transported by the facility.
    (3) These response resources must be positioned such that they can 
arrive at the scene of a discharge within the following specified times:
    (i) The equipment identified in paragraphs (c)(1) and (c)(2) of this 
section or in Sec. 154.1040(d) must arrive within the times specified in 
those paragraphs or that section, as appropriate.
    (ii) In higher volume port areas and the Great Lakes, response 
resources must be capable of arriving on scene within 6 hours of the 
discovery of an petroleum oil discharge from a facility.
    (iii) In all other locations, response resources must be capable of 
arriving on scene within 12 hours of the discovery of a petroleum oil 
discharge from a facility.
    (4) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may operate 
with temporarily modified response plan development and evaluation 
criteria (e.g., modified response times, alternate response resources, 
etc.).
    (e) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify the 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to the worst 
case discharge volume of petroleum oil to the maximum extent 
practicable.
    (1) The location of these response resources must be suitable to 
meet the response times identified in paragraph (f) of this section for 
the applicable geographic area(s) of operation and response tier.
    (2) The response resources must be appropriate for--
    (i) The volume of the facility's worst case discharge;
    (ii) Group(s) of petroleum oil as identified in Sec. 154.1020 that 
are handled, stored, or transported by the facility; and
    (iii) The geographic area(s) in which the facility operates.
    (3) The response resources must include sufficient boom, oil 
recovery devices, and storage capacity to recover

[[Page 327]]

the worst case discharge planning volumes.
    (4) The guidelines in appendix C of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (5) When determining response resources necessary to meet the 
requirements of this section, a portion of those resources must be 
capable of use in close-to-shore response activities in shallow water. 
The following percentages of the response equipment identified for the 
applicable geographic area must be capable of operating in waters of 6 
feet or less depth.
    (i) Offshore--10 percent.
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    (6) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may be 
permitted to operate with temporarily modified response plan development 
and evaluation criteria (e.g., modified response times, alternate 
response resources, etc.).
    (f) Response equipment identified in a response plan for a facility 
that handles, stores, or transports Group I through Group IV petroleum 
oils must be capable of arriving on scene within the times specified in 
this paragraph for the applicable response tier in a higher volume port 
area, Great Lakes, and in other areas. Response times for these tiers 
from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
                                                (hrs.)   (hrs.)   (hrs.)
------------------------------------------------------------------------
Higher volume port area (except for a TAPAA                             
 facility located in Prince William Sound,                              
 see Sec.  154.1135).........................        6       30       54
Great Lakes..................................       12       36       60
All other river and canal, inland, nearshore,                           
 and offshore areas..........................       12       36       60
------------------------------------------------------------------------

    (g) For the purposes of arranging for response resources for a 
facility that handles, stores, or transports Group I through Group IV 
petroleum oils, by contract or other approved means as described in 
Sec. 154.1028(a)(1)-(4), response equipment identified for Tier 1 plan 
credit must be capable of being mobilized and en route to the scene of a 
discharge within 2 hours of notification. The notification procedures 
identified in the plan must provide for notification and authorization 
of mobilization of identified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (h) Response resources identified for Tier 2 and Tier 3 plan credit 
must be capable of arriving on scene within the time specified for the 
applicable tier.
    (i) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports Group II or III persistent petroleum oils 
may request a credit for up to 25 percent of the on-water recovery 
capability set forth by this part. To receive this credit, the facility 
owner or operator must identify in the plan and ensure, by contract or 
other approved means as described in Sec. 154.1028(a)(1)-(4), the 
availability of specified resources to apply the dispersants and to 
monitor their effectiveness. The extent of the credit will be based on 
the volumes of the dispersant available to sustain operations at the 
manufacturers' recommend dosage rates. Resources identified for plan 
credit should be capable of being on scene within 12 hours of a 
discovery of a discharge. Identification of these resources does not 
imply that they will be authorized for use. Actual authorization for use 
during a spill response will be governed by the provisions of the NCP 
and the applicable ACP.
    (j) A response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources with firefighting capability. The owner or operator 
of a facility that does not have adequate firefighting resources located 
at the facility or that can not rely on sufficient local firefighting 
resources must identify and ensure, by contract or other approved means 
as described in Sec. 154.1028(a)(1)-(4), the availability of

[[Page 328]]

adequate firefighting resources. The response plan must also identify an 
individual located at the facility to work with the fire department for 
petroleum oil fires. This individual shall also verify that sufficient 
well-trained firefighting resources are available within a reasonable 
time to respond to a worst case discharge. The individual may be the 
qualified individual as defined in Sec. 154.1020 and identified in the 
response plan or another appropriate individual located at the facility.
    (k) The response plan for a facility that handles, stores, or 
transports Groups I through IV petroleum oils must identify equipment 
and required personnel available, by contract or other approved means as 
described in Sec. 154.1028(a) (1)-(4), to protect fish and wildlife and 
sensitive environments.
    (1) Except as set out in paragraph (k)(2) of this section, the 
identified response resources must include the quantities of boom 
sufficient to protect fish and wildlife and sensitive environments as 
required by Sec. 154.1035(b)(4).
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required resources and 
response methods to be used in fish and wildlife and sensitive 
environments, contained in the appropriate ACP. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (l) The response plan for a facility that handles, stores, or 
transports Groups I through IV petroleum oils must identify an oil spill 
removal organization(s) with response resources that are available, by 
contract or other approved means as described in Sec. 154.1028(a) (1)-
(4), to effect a shoreline cleanup operation commensurate with the 
quantity of emulsified petroleum oil to be planned for in shoreline 
cleanup operations.
    (1) Except as required in paragraph (l)(2) of this section, the 
shoreline cleanup response resources required must be determined as 
described in appendix C of this part.
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required shoreline cleanup 
resources and methods contained in the appropriate ACP. Facility owners 
or operators shall ensure that their response plans are in accordance 
with the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (m) Appendix C of this part describes the procedures to determine 
the maximum extent practicable quantity of response resources that must 
be identified and available, by contract or other approved means as 
described in Sec. 154.1028(a) (1)-(4), for the maximum most probable 
discharge volume, and for each worst case discharge response tier.
    (1) Included in appendix C of this part is a cap that recognizes the 
practical and technical limits of response capabilities that an 
individual facility owner or operator can be expected to contract for in 
advance.
    (2) Table 5 in appendix C of this part lists the caps that apply in 
February 18, 1993, and February 18, 1998. Depending on the quantity and 
type of petroleum oil handled by the facility and the facility's 
geographic area of operations, the resource capability caps in this 
table may be reached. The owner or operator of a facility whose 
estimated recovery capacity exceeds the applicable contracting caps in 
Table 5 shall identify sources of additional equipment equal to twice 
the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the 
calculated planning volume, whichever is lower. The identified resources 
must be capable of arriving on scene not later than the Tier 1, 2, and 3 
response times in this section. No contract is required. While general 
listings of available response equipment may be used to identify 
additional sources, a response plan must identify the specific sources, 
locations, and quantities of equipment that a facility owner or operator 
has considered

[[Page 329]]

in his or her planning. When listing Coast Guard classified oil spill 
removal organization(s) which have sufficient removal capacity to 
recover the volume above the response capability cap for the specific 
facility, as specified in Table 5 in appendix C of this part, it is not 
necessary to list specific quantities of equipment.
    (n) The Coast Guard will initiate a review of cap increases and 
other requirements contained within this subpart that are scheduled to 
be phased in over time. Any changes in the requirements of this section 
will occur through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if the 
scheduled increase for February 1998 remains practicable, and will also 
establish a specific cap for 2003. The review will include but is not 
limited to--
    (i) Increase in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.
    (2) All scheduled future requirements will take effect unless the 
Coast Guard determines that they are not practicable. Scheduled changes 
will be effective in February 1998 and 2003 unless the review of the 
additional requirements has not been completed by the Coast Guard. If 
this occurs, the additional requirements will not be effective until 90 
days after publication of a Federal Register notice with the results of 
the review.



Sec. 154.1047  Response plan development and evaluation criteria for facilities that handle, store, or transport Group V petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports Group V petroleum oils must provide information in his or her 
response plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of Group V petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, or 
transports Group V petroleum oil must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the COTP zones in which 
the facility operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports Group V petroleum oil must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028. The equipment identified in a response plan must 
include--
    (1) Sonar, sampling equipment, or other methods for locating the 
petroleum oil on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing the petroleum oil that may remain floating on the surface 
or to reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover 
petroleum oil from the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges; and
    (5) Other appropriate equipment necessary to respond to a discharge 
involving the type of petroleum oil handled, stored, or transported.
    (d) Response resources identified in a response plan for a facility 
that handles, stores, or transports Group V petroleum oils under 
paragraph (c) of this section must be capable of being at the spill site 
within 24 hours of discovery of a discharge.
    (e) A response plan for a facility that handles, stores, or 
transports Group V petroleum oils must identify response resources with 
firefighting capability. The owner or operator of a facility that does 
not have adequate firefighting resources located at the facility or that

[[Page 330]]

can not rely on sufficient local firefighting resources must identity 
and ensure, by contract or other approved means as described in 
Sec. 154.1028, the availability of adequate firefighting resources. The 
response plan must also identify an individual located at the facility 
to work with the fire department for petroleum oil fires. This 
individual shall also verify that sufficient well-trained firefighting 
resources are available within a reasonable response time to a worst 
case scenario. The individual may be the qualified individual as defined 
in Sec. 154.1020 and identified in the response plan or another 
appropriate individual located at the facility.



Sec. 154.1050  Training.

    (a) A response plan submitted to meet the requirements of 
Secs. 154.1035 or 154.1040, as appropriate, must identify the training 
to be provided to each individual with responsibilities under the plan. 
A facility owner or operator must identify the method to be used for 
training any volunteers or casual laborers used during a response to 
comply with the requirements of 29 CFR 1910.120.
    (b) A facility owner or operator shall ensure the maintenance of 
records sufficient to document training of facility personnel; and shall 
make them available for inspection upon request by the U.S. Coast Guard. 
Records for facility personnel must be maintained at the facility for 3 
years.
    (c) Where applicable, a facility owner or operator shall ensure that 
an oil spill removal organization identified in a response plan to meet 
the requirements of this subpart maintains records sufficient to 
document training for the organization's personnel and shall make them 
available for inspection upon request by the facility's management 
personnel, the qualified individual, and U.S. Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (d) The facility owner or operator remains responsible for ensuring 
that all private response personnel are trained to meet the Occupational 
Safety and Health Administration (OSHA) standards for emergency response 
operations in 29 CFR 1910.120.



Sec. 154.1055  Exercises.

    (a) A response plan submitted by an owner or operator of an MTR 
facility must include an exercise program containing both announced and 
unannounced exercises. The following are the minimum exercise 
requirements for facilities covered by this subpart:
    (1) Qualified individual notification exercises (quarterly).
    (2) Spill management team tabletop exercises (annually). In a 3-year 
period, at least one of these exercises must include a worst case 
discharge scenario.
    (3) Equipment deployment exercises:
    (i) Semiannually for facility owned and operated equipment.
    (ii) Annually for oil spill removal organization equipment.
    (4) Emergency procedures exercises (optional).
    (5) Annually, at least one of the exercises listed in 
Sec. 154.1055(a)(2) through (4) must be unannounced. Unannounced means 
the personnel participating in the exercise must not be advised in 
advance, of the exact date, time and scenario of the exercise.
    (6) The facility owner or operator shall design the exercise program 
so that all components of the response plan are exercised at least once 
every 3 years. All of the components do not have to be exercised at one 
time; they may be exercised over the 3-year period through the required 
exercises or through an Area exercise.
    (b) A facility owner or operator shall participate in unannounced 
exercises, as directed by the COTP. The objectives of the unannounced 
exercises will be to test notifications and equipment deployment for 
response to the average most probable discharge. After participating in 
an unannounced exercise directed by a COTP, the owner or operator will 
not be required to participate in another COTP initiated unannounced 
exercise for at least 3 years from the date of the exercise.
    (c) A facility owner or operator shall participate in Area exercises 
as directed by the applicable On-Scene Coordinator. The Area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the Exercise Design Team, of which the facility owner or 
operator will be a member. After participating in an Area

[[Page 331]]

exercise, a facility owner or operator will not be required to 
participate in another Area exercise for at least 6 years.
    (d) The facility owner or operator shall ensure that adequate 
records of all required exercises are maintained at the facility for 3 
years. Records shall be made available to the Coast Guard upon request.
    (e) The response plan submitted to meet the requirements of this 
subpart must specify the planned exercise program. The plan must detail 
the exercise program, including the types of exercises, frequency, 
scope, objectives and the scheme for exercising the entire response plan 
every 3 years.
    (f) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the facility response plan 
exercise requirements.



Sec. 154.1057  Inspection and maintenance of response resources.

    (a) A facility owner or operator required to submit a response plan 
under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations, and best commercial practices; and
    (2) All inspection and maintenance is documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existences of records required under this section;
    (3) Verify that the records of inspection and maintenance reflect 
the actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, skimmers, 
vessels, and other major equipment listed or referenced in the plan and 
ensured available from an oil spill removal organization through the 
written consent required under Sec. 154.1028(a)(5).



Sec. 154.1060  Submission and approval procedures.

    (a) The owner or operator of a facility to which this subpart 
applies shall submit one copy of a facility response plan meeting the 
requirements of this subpart to the COTP for initial review and, if 
appropriate, approval.
    (b) The owner or operator of a facility to which this subpart 
applies shall include a statement certifying that the plan meets the 
applicable requirements of subparts F, G, H, and I of this part, as 
appropriate.
    (c) For an MTR facility that is located in the inland response zone 
where the EPA Regional Administrator is the predesignated Federal On-
Scene Coordinator, the COTP may consult with the EPA Federal On-Scene 
Coordinator prior to any final approval.
    (d) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart that is also required to prepare a response plan under 40 CFR 
part 112, if the COTP determines that the plan meets all applicable 
requirements and the EPA Regional Administrator raises no objection to 
the response plan contents, the COTP will notify the facility owner or 
operator in writing that the plan is approved.
    (e) The plan will be valid for a period of up to 5 years. The 
facility owner or operator must resubmit an updated plan every 5 years 
as follows:
    (1) For facilities identified in only Sec. 154.1015(b) of this 
subpart, the 5-year period will commence on the date the plan is 
submitted to the COTP.
    (2) For facilities identified in Sec. 154.1015(c) of this subpart, 
the 5-year period will commence on the date the COTP approves the plan.
    (3) All resubmitted response plans shall be accompanied by a cover 
letter containing a detailed listing of all revisions to the response 
plan.
    (f) For an MTR facility identified in Sec. 154.1015(c)(2) the COTP 
will notify the facility owner or operator in writing that the plan is 
approved.
    (g) If a COTP determines that a plan does not meet the requirements 
of this subpart either upon initial submission or upon 5-year 
resubmission, the COTP

[[Page 332]]

will return the plan to the facility owner or operator along with an 
explanation of the response plan's deficiencies. The owner or operator 
must correct any deficiencies in accordance with Sec. 154.1070 and 
return the plan to the COTP within the time specified by the COTP in the 
letter describing the deficiencies.
    (h) The facility owner or operator and the qualified individual and 
the alternative qualified individual shall each maintain a copy of the 
most current response plan submitted to the COTP. One copy must be 
maintained at the facility in a position where the plan is readily 
available to persons in charge of conducting transfer operations.



Sec. 154.1065  Plan review and revision procedures.

    (a) A facility owner or operator must review his or her response 
plan(s) annually. This review shall incorporate any revisions to the 
plan, including listings of fish and wildlife and sensitive environments 
identified in the ACP in effect 6 months prior to plan review.
    (1) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart as a ``significant and substantial harm facility,'' this review 
must occur within 1 month of the anniversary date of COTP approval of 
the plan. For an MTR facility identified in Sec. 154.1015(b) of this 
subpart, as a ``substantial harm facility'' this review must occur 
within 1 month of the anniversary date of submission of the plan to the 
COTP.
    (2) The facility owner or operator shall submit any revision(s) to 
the response plan to the COTP and all other holders of the response plan 
for information or approval, as appropriate.
    (i) Along with the revisions, the facility owner or operator shall 
submit a cover letter containing a detailed listing of all revisions to 
the response plan.
    (ii) If no revisions are required, the facility owner or operator 
shall indicate the completion of the annual review on the record of 
changes page.
    (iii) The COTP will review the revision(s) submitted by the owner or 
operator and will give written notice to the owner or operator of any 
COTP objection(s) to the proposed revisions within 30 days of the date 
the revision(s) were submitted to the COTP. The revisions shall become 
effective not later than 30 days from their submission to the COTP 
unless the COTP indicates otherwise in writing as provided in this 
paragraph. If the COTP indicates that the revision(s) need to be 
modified before implementation, the owner or operator will modify the 
revision(s) within the time period set by the COTP.
    (3) Any required revisions must be entered in the plan and noted on 
the record of changes page.
    (b) The facility owner or operator shall submit revisions to a 
previously submitted or approved plan to the COTP and all other holders 
of the response plan for information or approval within 30 days, 
whenever there is--
    (1) A change in the facility's configuration that significantly 
affects the information included in the response plan;
    (2) A change in the type of oil (petroleum oil group) handled, 
stored, or transported that affects the required response resources;
    (3) A change in the name(s) or capabilities of the oil spill removal 
organization required by Sec. 154.1045;
    (4) A change in the facility's emergency response procedures;
    (5) A change in the facility's operating area that includes ports or 
geographic area(s) not covered by the previously approved plan. A 
facility may not operate in an area not covered in a plan previously 
submitted or approved, as appropriate, unless the revised plan is 
approved or interim operating approval is received under Sec. 154.1025; 
or
    (6) Any other changes that significantly affect the implementation 
of the plan.
    (c) Except as required in paragraph (b) of this section, revisions 
to personnel and telephone number lists included in the response plan do 
not require COTP approval. The COTP and all other holders of the 
response plan shall be advised of these revisions and provided a copy of 
the revisions as they occur.
    (d) The COTP may require a facility owner or operator to revise a 
response plan at any time as a result of a compliance inspection if the 
COTP determines that the response plan does not

[[Page 333]]

meet the requirements of this subpart or as a result of inadequacies 
noted in the response plan during an actual pollution incident at the 
facility.



Sec. 154.1070  Deficiencies.

    (a) The cognizant COTP will notify the facility owner or operator in 
writing of any deficiencies noted during review of a response plan, 
drills observed by the Coast Guard, or inspection of equipment or 
records maintained in connection with this subpart.
    (b) Deficiencies shall be corrected within the time period specified 
in the written notice provided by the COTP. The facility owner or 
operator who disagrees with a deficiency issued by the COTP may appeal 
the deficiency to the cognizant COTP within 7 days or the time specified 
by the COTP to correct the deficiency, whichever is less. This time 
commences from the date of receipt of the COTP notice. The owner or 
operator may request a stay from the COTP decision pending appeal in 
accordance with Sec. 154.1075.
    (c) If the facility owner or operator fails to correct any 
deficiencies or submit a written appeal, the COTP may invoke the 
provisions of Sec. 154.1025 prohibiting the facility from storing, 
handling, or transporting oil.



Sec. 154.1075  Appeal process.

    (a) Any owner or operator of a facility who desires to appeal the 
classification that a facility could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment, 
shall submit a written request to the cognizant COTP requesting review 
and reclassification by the COTP. The facility owner or operator shall 
identify those factors to be considered by the COTP. The factors to be 
considered by the COTP regarding reclassification of a facility include, 
but are not limited to, those listed in Sec. 154.1016(b). After 
considering all relevant material presented by the facility owner or 
operator and any additional material available to the COTP, the COTP 
will notify the facility owner or operator of the decision on the 
reclassification of the facility.
    (b) Any facility owner or operator directly affected by an initial 
determination or action of the COTP may submit a written request to the 
cognizant COTP requesting review and reconsideration of the COTP's 
decision or action. The facility owner or operator shall identify those 
factors to be considered by the COTP in making his or her decision on 
reconsideration.
    (c) Within 10 days of the COTP's decision under paragraph (b) of 
this section, the facility owner or operator may appeal the decision of 
the COTP to the District Commander. This appeal shall be made in writing 
via the cognizant COTP to the District Commander of the district in 
which the office of the COTP is located.
    (d) Within 30 days of the District Commander's decision, the 
facility owner or operator may formally appeal the decision of the 
District Commander. This appeal shall be submitted in writing to 
Commandant (G-MOR) via the District Commander.
    (e) When considering an appeal, the COTP, District Commander, or 
Commandant may stay the effect of the decision or action being appealed 
pending the determination of the appeal.

[CGD 91-036, 61 FR 7930, Feb. 29, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



  Subpart G--Additional Response Plan Requirements for a Trans-Alaska 
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William 
                              Sound, Alaska

    Source: CGD 91-036, 61 FR 7930, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1110  Purpose and applicability.

    (a) This subpart establishes oil spill response planning 
requirements for a facility permitted under the Tans-Alaska Pipeline 
Authorization Act (TAPAA), in addition to the requirements of subpart F 
of this part. The requirements of this subpart are intended for use in 
developing response plans and identifying response resources during the 
planning process. They are not performance standards.
    (b) The information required by this subpart must be included in the 
Prince

[[Page 334]]

William Sound facility-specific appendix to the facility response plan 
required by subpart F of this part.



Sec. 154.1115  Definitions.

    In addition to the definitions in this section, the definitions in 
Secs. 154.105 and 154.1020 apply to this subpart. As used in this 
subpart--
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Non-crude oil means any oil other than crude oil.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
Entrance out to and encompassing Seal Rocks.



Sec. 154.1120  Operating restrictions and interim operating authorization.

    (a) The owner or operator of a TAPAA facility may not operate in 
Prince William Sound, Alaska, unless the requirements of this subpart as 
well as Sec. 154.1025 have been met. The owner or operator of a TAPAA 
facility shall certify to the COTP that he or she has provided, through 
an oil spill removal organization required by Sec. 154.1125, the 
necessary response resources to remove, to the maximum extend 
practicable, a worst case discharge or a discharge of 200,000 barrels of 
oil, whichever is grater, in Prince William Sound.
    (b) Coast Guard approval of a TAPAA facility response plan is 
effective only so long as the appropriate Regional Citizens Advisory 
Council(s) is funded pursuant to the requirements of section 5002(k) of 
the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat. 484, 550).



Sec. 154.1125  Additional response plan requirements.

    (a) The owner or operator of a TAPAA facility shall include the 
following information in the Prince William Sound appendix to the 
response plan required by subpart F of this part:
    (1) Oil spill removal organization. Identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound:
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Provide a plan for training, in addition to the personnel 
listed in paragraph (a)(1)(ii) of this section, sufficient numbers of 
trained personnel to remove, to the maximum extent practicable, a worst 
case discharge; and
    (iv) Address the responsibilities required in 
Sec. 154.1035(b)(3)(iii).
    (2) Exercises. Identification of exercise procedures that must--
    (i) Provide for two exercises of the oil spill removal organization 
each year that test the ability of the prepositioned equipment and 
trained personnel required under this subpart to perform effectively;
    (ii) Consist of both announced and unannounced drills; and
    (iii) Include design(s) for exercises that test either the entire 
appendix or individual components(s).
    (3) Testing, inspection, and certification. Identification of a 
testing, inspecting, and certification program for the prepositioned 
response equipment required in Sec. 154.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load all electrical motors, pumps, 
power packs, air compressors, internal combustion engines, and oil 
recovery devices; and
    (B) Removal for inspection of no less than one-third of required 
boom from storage annually, such that all boom

[[Page 335]]

will have been removed and inspected within a period of 3 years; and
    (ii) Records of equipment tests and inspection.
    (iii) Use of an independent entity to certify that the equipment is 
on-site and in good operating condition and that required tests and 
inspection have been preformed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) Prepositioned response equipment. Identification and location of 
the prepositioned response equipment required in Sec. 154.1130 including 
the make, model, and effective daily recovery rate of each oil recovery 
resource.
    (b) The owner or operator of a TAPAA facility shall submit to the 
COTP a schedule for the training and drills required by the geographic-
specific appendix for Prince William Sound for the following calendar 
year.
    (c) All records required by this section must be available for 
inspection by the COTP.



Sec. 154.1130  Requirements for prepositioned response equipment.

    The owner or operator of a TAPAA facility shall provide the 
following prepositioned response equipment, located within Prince 
William Sound, in addition to that required by Secs. 154.1035, 154.1045, 
or 154.1050:
    (a) On-water recovery equipment with a minimum effective daily 
recovery rate of 30,000 barrels capable of being a scene within 2 hours 
of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels for recovered oily 
material capable of being on scene within 2 hours of notification of a 
discharge.
    (c) On-water recovery equipment with a minimum effective daily 
recovery rate of 40,000 barrels capable of being on scene within 18 
hours of notification of discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material capable of being on scene within 12 hours of notification of a 
discharge.
    (e) On-water recovery devices and storage equipment located in 
communities at strategic locations.
    (f) Equipment as identified below, for the locations identified in 
Sec. 154.1125(a)(1)(ii) sufficient for the protection of the environment 
in these locations:
    (1) Boom appropriate for the specific locations.
    (2) Sufficient boats to deploy boom and sorbents.
    (3) Sorbent materials.
    (4) Personnel protective clothing and equipment.
    (5) Survival equipment.
    (6) First aid supplies.
    (7) Buckets, shovels, and various other tools.
    (8) Decontamination equipment.
    (9) Shoreline cleanup equipment.
    (10) Mooring equipment.
    (11) Anchored buoys at appropriate locations to facilitate the 
positioning of defensive boom.
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.



Sec. 154.1135  Response plan development and evaluation criteria.

    The following response times must be used in determining the on 
scene arrival time in Prince William Sound for the response resources 
required by Sec. 154.1045:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   tier 3
                                                (hrs.)   (hrs.)   (hrs.)
------------------------------------------------------------------------
Prince William Sound Area....................       12       24       36
------------------------------------------------------------------------



Sec. 154.1140  TAPAA facility contracting with a vessel.

    The owner or operator of a TAPAA facility may contract with a vessel 
owner or operator to meet some of all of the requirements of subpart G 
of part 155 of this chapter. The extent to which these requirements are 
met by the contractual arrangement will be determined by the COTP.



 Subpart H--Response Plans for Animal Fats and Vegetable Oils Facilities

    Source: CGD 91-036, 61 FR 7931, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1210  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a facility that

[[Page 336]]

handles, stores, or transports animal fats and vegetable oils. The 
requirements of this subpart are intended for use in developing response 
plans and identifying response resources during the planning process. 
They are not performance standards.



Sec. 154.1220  Response plan submission requirements.

    An owner or operator of a facility that handles, stores, or 
transports animal fats and vegetable oils shall submit a response plan 
in accordance with the requirements of this subpart, and with all 
sections of subpart F of this part, except Secs. 154.1045 and 154.1047, 
which apply to petroleum oils.



Sec. 154.1225  Response plan development and evaluation criteria for facilities that handle, store, or transport animal fats and vegetable oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports animal fats and vegetable oils must provide information in 
his or her plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of animal fats and vegetable oils to the maximum extent 
practicable; and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, or 
transports animal fats and vegetable oils must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in section 2 and Table 1 of appendix C of this part. When 
evaluating the operability of equipment, the facility owner or operator 
must consider limitations that are identified in the ACPs for the COTP 
zone in which the facility is located, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports animal fats and vegetable oils must identify the response 
resources that are available by contract or other means as described in 
Sec. 154.1228(a). The equipment identified in a response plan must 
include--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of animal fats or 
vegetable oils handled; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil handled.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of commencing an effective on-scene 
response within the times specified in this paragraph for the applicable 
operating area:

------------------------------------------------------------------------
                                              Tier 1                    
                                              (hrs.)   Tier 2    Tier 3 
------------------------------------------------------------------------
Higher volume port area....................        6      N/A       N/A 
Great Lakes................................       12      N/A       N/A 
All other river and canal, inland,                                      
 nearshore, and offshore areas.............       12      N/A       N/A 
------------------------------------------------------------------------

    (e) A response plan for a facility that handles, stores, or 
transports animal fats and vegetable oils must identify response 
resources with firefighting capability. The owner or operator of a 
facility that does not have adequate firefighting resources located at 
the facility or that can not rely on sufficient local firefighting 
resources must identify and ensure, by contract or other approved means 
as described in Sec. 154.1228(a), the availability of adequate 
firefighting resources. The response plan must also identify an 
individual located at the facility to work with the fire department on 
animal fats and vegetable oil fires. This individual shall also verify 
that sufficient well-trained firefighting resources are available within 
a reasonable response time to a worst case scenario. The individual may 
be the qualified individual as defined in Sec. 154.1020 and identified 
in the response plan or another appropriate individual located at the 
facility.
    (f) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports animal fats and vegetable oils may 
request a credit for up to 25

[[Page 337]]

percent of the worst case planning volume set forth by subpart F of this 
part. To receive this credit, the facility owner or operator must 
identify in the plan and ensure, by contract or other approved means as 
described in Sec. 154.1228(a), the availability of specified resources 
to apply the dispersants and to monitor their effectiveness. The extent 
of the credit for dispersants will be based on the volumes of the 
dispersant available to sustain operations at the manufacturers' 
recommended dosage rates. Other spill mitigation techniques, including 
mechanical dispersal, may be identified in the response plan provided 
they are in accordance with the NCP and the applicable ACP. Resources 
identified for plan credit should be capable of being on scene within 12 
hours of a discovery of a discharge. Identification of these resources 
does not imply that they will be authorized for use. Actual 
authorization for use during a spill response will be governed by the 
provisions of the NCP and the applicable ACP.



Sec. 154.1228  Methods of ensuring the availability of response resources by contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) The identification of an oil spill removal organization with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan;
    (2) A document which----
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and drills;
    (iv) Is referenced in the response plan;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to response to a 
discharge within stipulated response times in the specified geographic 
areas;
    (4) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas; or
    (5) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



    Subpart I--Response Plans for Other Non-Petroleum Oil Facilities

    Source: CGD 91-036, 61 FR 7932, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1310  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils. The requirements of this subpart 
are intended for use in developing response plans and identifying 
response resources during the planning process. They are not performance 
standards.



Sec. 154.1320  Response plan submission requirements.

    An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils shall submit a response plan in 
accordance with the requirements of this subpart, and with all sections 
of subpart F of this part, except Secs. 154.1045 and 154.1047, which 
apply to petroleum oils.

[[Page 338]]



Sec. 154.1325  Response plan development and evaluation criteria for facilities that handle, store, or transport other non-petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must provide information in his or 
her plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the COTP zone in which 
the facility is located, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028(a). The equipment identified in a response plan must 
include--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oils handled; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil handled.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of commencing an effective on-scene 
response within the times specified in this paragraph for the applicable 
operating area:

------------------------------------------------------------------------
                                                    Tier 1   Tier   Tier
                                                    (hrs.)    2      3  
------------------------------------------------------------------------
Higher volume port area...........................       6    N/A    N/A
Great Lakes.......................................      12    N/A    N/A
All other river and canal, inland, nearshore, and                       
 offshore areas...................................      12    N/A    N/A
------------------------------------------------------------------------

    (e) A response plan for a facility that handles, stores, or 
transports other non-petroleum oils must identify response resources 
with firefighting capability. The owner or operator of a facility that 
does not have adequate firefighting resources located at the facility or 
that cannot rely on sufficient local firefighting resources must 
identify and ensure, by contract or other approved means as described in 
Sec. 154.1028(a), the availability of adequate firefighting resources. 
The response plan must also identify an individual located at the 
facility to work with the fire department on other non-petroleum oil 
fires. This individual shall also verify that sufficient well-trained 
firefighting resources are available within a reasonable response time 
to a worst case scenario. The individual may be the qualified individual 
as defined in Sec. 154.1020 and identified in the response plan or 
another appropriate individual located at the facility.
    (f) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils may request a 
credit for up to 25 percent of the worst case planning volume set forth 
by subpart F of this part. To receive this credit, the facility owner or 
operator must identify in the plan and ensure, by contract or other 
approved means as described in Sec. 154.1028(a), the availability of 
specified resources to apply the dispersants and to monitor their 
effectiveness. The extent of the credit will be based on the volumes of 
the dispersant available to sustain operations at the manufacturers' 
recommended dosage rates. Identification of these resources does not 
imply that they will be authorized for use. Actual authorization for use 
during a spill response will be governed by the provisions of the NCP 
and the applicable ACP.

[[Page 339]]

    Appendix A to Part 154--Guidelines for Detonation Flame Arresters

    This appendix contains the draft ASTM standard for detonation flame 
arresters. Devices meeting this standard will be accepted by the 
Commandant (G-MSO).

    1. Scope
    1.1  This standard provides the minimum requirements for design, 
construction, performance and testing of detonation flame arresters.
    2. Intent
    2.1  This standard is intended for detonation flame arresters 
protecting systems containing vapors of flammable or combustible liquids 
where vapor temperatures do not exceed 60  deg.C. For all tests, the 
test media defined in 14.1.1 can be used except where detonation flame 
arresters protect systems handling vapors with a maximum experimental 
safe gap (MESG) below 0.9 millimeters. Detonation flame arresters 
protecting such systems must be tested with appropriate media (the same 
vapor or a media having a MESG no greater than the vapor). Various gases 
and their respective MESG are listed in attachment 1.
    2.2  The tests in this standard are intended to qualify detonation 
flame arresters for all in-line applications independent of piping 
configuration provided the operating pressure is equal to or less than 
the maximum operating pressure limit specified in the manufacturer's 
certification and the diameter of the piping system in which the 
detonation arrester is to be installed is equal to or less than the 
piping diameter used in the testing.

    Note: Detonation flame arresters meeting this standard as Type I 
devices, which are certified to be effective below 0  deg.C and which 
can sustain three stable detonations without being damaged or 
permanently deformed, also comply with the minimum requirements of the 
International Maritime Organization, Maritime Safety Committee Circular 
No. 373 (MSC/Circ. 373/Rev.1).

    3. Applicable Documents
    3.1  ASTM Standards (1)
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.

    A395 Ferritic Ductile Iron Pressure-Retaining Castings For Use At 
Elevated Temperatures.
    F722 Welded Joints for Shipboard Piping Systems
    F1155 Standard Practice for Selection and Application of Piping 
System Materials

    3.2  ANSI Standards (2)

    B16.5 Pipe Flanges and Flanged Fittings.

    3.3  Other Documents
    3.3.1  ASME Boiler and Pressure Vessel Code (2)

    Section VIII, Division 1, Pressure Vessels
    Section IX, Welding and Brazing Qualifications.

    3.3.2  International Maritime Organization, Maritime Safety 
Committee (3)

    MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and 
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in 
Tankers.

    3.3.3  International Electrotechnical Commission (4)

    Publication 79-1--Electrical Apparatus for Explosive Gas 
Atmospheres.

    4. Terminology
    4.1  P/Po--The dimensionless ratio, for any 
deflagration and detonation test of 14.3, of the maximum pressure 
increase (the maximum pressure minus the initial pressure), as measured 
in the piping system on the side of the arrester where ignition begins 
by the device described in paragraph 14.3.3, to the initial absolute 
pressure in the piping system. The initial pressure should be greater 
than or equal to the maximum operating pressure specified in paragraph 
11.1.7.
    4.2  Deflagration--A combustion wave that propagates subsonically 
(as measured at the pressure and temperature of the flame front) by the 
transfer of heat and active chemical species to the unburned gas ahead 
of the flame front.
    4.3  Detonation--A reaction in a combustion wave propagating at 
sonic or supersonic (as measured at the pressure and temperature of the 
flame front) velocity. A detonation is stable when it has a velocity 
equal to the speed of sound in the burnt gas or may be unstable 
(overdriven) with a higher velocity and pressure.
    4.4  Detonation flame arrester--A device which prevents the 
transmission of a detonation and a deflagration.
    4.5  Flame speed--The speed at which a flame propagates along a pipe 
or other system.
    4.6  Flame Passage--The transmission of a flame through a device.
    4.7  Gasoline Vapors--A non-leaded petroleum distillate consisting 
essentially of aliphatic hydrocarbon compounds with a boiling range 
approximating 65  deg.C/75  deg.C.
    5. Classification
    5.1  The two types of detonation flame arresters covered in this 
specification are classified as follows:
    5.1.1  Type I--Detonation flame arresters acceptable for 
applications where stationary flames may rest on the device.
    5.1.2  Type II--Detonation flame arresters acceptable for 
applications where stationary flames are unlikely to rest on the device, 
and further methods are provided to prevent flame passage when a 
stationary flame occurs. One example of ``further methods'' is a 
temperature monitor and an automatic shutoff valve.

[[Page 340]]

    6. Ordering Information
    6.1  Orders for detonation flame arresters under this specification 
shall include the following information as applicable:
    6.1.1  Type (I or II).
    6.1.2  Nominal pipe size.
    6 1.3  Each gas or vapor in the system and the corresponding MESG.
    6.1.4  Inspection and tests other than specified by this standard.
    6.1.5  Anticipated ambient air temperature range.
    6.1.6  Purchaser's inspection requirements (see section 10.1).
    6.1.7  Description of installation.
    6.1.8  Materials of construction (see section 7).
    6.1.9  Maximum flow rate and the maximum design pressure drop for 
that maximum flow rate.
    6.1.10  Maximum operating pressure.
    7. Materials
    7.1  The detonation flame arrester housing, and other parts or 
bolting used for pressure retention, shall be constructed of materials 
listed in ASTM F1155, or section VIII, Division 1 of the ASME Boiler and 
Pressure Vessel Code. Cast and malleable iron shall not be used; 
however, ductile cast iron in accordance with ASTM A395 may be used.
    7.1.1  Arresters, elements, gaskets, and seals must be made of 
materials resistant to attack by seawater and the liquids and vapors 
contained in the system being protected (see section 6.1.3).
    7.2  Nonmetallic materials, other than gaskets and seals, shall not 
be used in the construction of pressure retaining components of the 
detonation flame arrester.
    7.2.1  Nonmetallic gaskets and seals shall be non-combustible and 
suitable for the service intended.
    7.3  Bolting materials, other than that of section 7.1, shall be at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4  The possibility of galvanic corrosion shall be considered in 
the selection of materials.
    7.5  All other parts shall be constructed of materials suitable for 
the service intended.
    8. Other Requirements
    8.1  Detonation flame arrester housings shall be gas tight to 
prevent the escape of vapors.
    8.2  Detonation flame arrester elements shall fit in the housing in 
a manner that will insure tightness of metal-to-metal contacts in such a 
way that flame cannot pass between the element and the housing.
    8.2.1  The net free area through detonation flame arrester elements 
shall be at least 1.5 times the cross-sectional area of the arrester 
inlet.
    8.3  Housings, elements, and seal gasket materials shall be capable 
of withstanding the maximum and minimum pressures and temperatures to 
which the device may be exposed under both normal and the specified fire 
test conditions in section 14, and shall be capable of withstanding the 
hydrostatic pressure test of section 9.2.3.
    8.4  Threaded or flanged pipe connections shall comply with the 
applicable B16 standards in ASTM F1155. Welded joints shall comply with 
ASTM F722.
    8.5  All flat joints of the housing shall be machined true and shall 
provide for a joint having adequate metal-to-metal contact.
    8.6  Where welded construction is used for pressure retaining 
components, welded joint design details, welding and non-destructive 
testing shall be in accordance with Section VIII, Division 1, of the 
ASME Code and ASTM F722. Welders and weld procedures shall be qualified 
in accordance with section IX of the ASME Code.
    8.7  The design of detonation flame arresters shall allow for ease 
of inspection and removal of internal elements for replacement, cleaning 
or repair without removal of the entire device from the system.
    8.8  Detonation flame arresters shall allow for efficient drainage 
of condensate without impairing their efficiency to prevent the passage 
of flame. The housing may be fitted with one or more drain plugs for 
this purpose. The design of a drain plug should be such so that by 
cursory visual inspection it is obvious whether the drain has been left 
open.
    8.9  All fastenings shall be protected against loosening.
    8.10  Detonation flame arresters shall be designed and constructed 
to minimize the effect of fouling under normal operating conditions.
    8.11  Detonation flame arresters shall be capable of operating over 
the full range of ambient air temperatures anticipated.
    8.12  Detonation flame arresters shall be of first class workmanship 
and free from imperfections which may affect their intended purpose.
    8.13  Detonation flame arresters shall be tested in accordance with 
section 9.
    9.  Tests
    9.1  Tests shall be conducted by an independent laboratory capable 
of performing the tests. The manufacturer, in choosing a laboratory, 
accepts that it is a qualified independent laboratory by determining 
that it has (or has access to) the apparatus, facilities, personnel, and 
calibrated instruments that are necessary to test detonation flame 
arresters in accordance with this standard.
    9.1.1  A test report shall be prepared by the laboratory which shall 
include:
    9.1.1.1  Detailed drawings of the detonation flame arrester and its 
components (including a parts list identifying the materials of 
construction).
    9.1.1.2  Types of tests conducted and results obtained. This shall 
include the maximum temperature reached and the length of

[[Page 341]]

testing time in section 14.2 in the case of Type II detonation flame 
arresters.
    9.1.1.3  Description of approved attachments (reference 9.2.6).
    9.1.1.4  Types of gases or vapors for which the detonation flame 
arrester is approved.
    9.1.1.5  Drawings of the test rig.
    9.1.1.6  Record of all markings found on the tested detonation flame 
arrester.
    9.1.1.7  A report number.
    9.2  One of each model Type I and Type II detonation flame arrester 
shall be tested. Where approval of more than one size of a detonation 
flame arrester model is desired, only the largest and smallest sizes 
need be tested provided it is demonstrated by calculation and/or other 
testing that intermediate size devices have equal or greater strength to 
withstand the force of a detonation and have equivalent detonation 
arresting characteristics. A change of design, material, or construction 
which may affect the corrosion resistance, or ability to resist 
endurance burning, deflagrations or detonations shall be considered a 
change of model for the purpose of this paragraph.
    9.2.1  The detonation flame arrester shall have the same dimensions, 
configuration, and most unfavorable clearances expected in production 
units.
    9.2.2  A corrosion test shall be conducted. In this test, a complete 
detonation flame arrester, including a section of pipe similar to that 
to which it will be fitted, shall be exposed to a 20% sodium chloride 
solution spray at a temperature of 25  deg.C for a period of 240 hours, 
and allowed to dry for 48 hours. Following this exposure, all movable 
parts shall operate properly and there shall be no corrosion deposits 
which cannot be washed off.
    9.2.3  The detonation flame arrester shall be subjected to a 
hydrostatic pressure test of at least 350 psig for ten minutes without 
rupturing, leaking, or showing permanent distortion.
    9.2.4  Flow characteristics as declared by the manufacturer, shall 
be demonstrated by appropriate tests.
    9.2.5  Detonation flame arresters shall be tested for endurance burn 
and deflagration/detonation in accordance with the test procedures in 
section 14. Type I detonation flame arresters shall show no flame 
passage when subjected to both tests. Type II detonation flame arresters 
shall show no evidence of flame passage during the detonation/
deflagration tests in section 14.3. Type II detonation flame arresters 
shall be tested for endurance burn in accordance with section 14.2. From 
the endurance burn test of a Type II detonation flame arresters, the 
maximum temperature reached and the test duration shall be recorded and 
provided as part of the laboratory test report.
    9.2.6  Where a detonation flame arrester is provided with cowls, 
weather hoods and deflectors, etc., it shall be tested in each 
configuration in which it is provided.
    9.2.7  Detonation flame arresters which are provided with a heating 
arrangement designed to maintain the surface temperature of the device 
above 85 deg.C shall pass the required tests at the maximum heated 
operating temperature.
    9.2.8  Each finished detonation arrester shall be pneumatically 
tested at 10 psig to ensure there are no defects or leakage.
    10. Inspection
    10.1  The manufacturer shall afford the purchaser's inspector all 
reasonable access necessary to assure that the device is being furnished 
in accordance with this standard. All examinations and inspections shall 
be made at the place of manufacture, unless otherwise agreed upon.
    10.2  Each finished detonation arrester shall be visually and 
dimensionally checked to ensure that the device corresponds to this 
standard, is certified in accordance with section 11 and is marked in 
accordance with section 12. Special attention shall be given to the 
checking of welds and the proper fit-ups of joints (see sections 8.5 and 
8.6).
    11. Certification
    11.1  Manufacturer's certification that a detonation flame arrester 
meets this standard shall be provided in an instruction manual. The 
manual shall include as applicable:
    11.1.1  Installation instructions and a description of all 
configurations tested (reference paragraph 9.2.6). Installation 
instructions to include the device's limitations.
    11.1.2  Operating instructions.
    11.1.3  Maintenance requirements.
    11.1.3.1  Instructions on how to determine when arrester cleaning is 
required and the method of cleaning.
    11.1.4  Copy of test report (see section 9.1.1).
    11.1.5  Flow test data, maximum temperature and time tested (Type 
II).
    11.1.6  The ambient air temperature range over which the device will 
effectively prevent the passage of flame.

    (Note: Other factors such as condensation and freezing of vapors 
should be evaluated at the time of equipment specification.)

    11.1.7  The maximum operating pressure for which the device is 
suitable.
    12. Marking
    12.1  Each detonation flame arrester shall be permanently marked 
indicating:
    12.1.1  Manufacturer's name or trademark.
    12.1.2  Style, type, model or other manufacturer's designation for 
the detonation flame arrester.
    12.1.3  Size of the inlet and outlet.
    12.1.4  Type of device (Type I or II).
    12.1.5  Direction of flow through the detonation flame arrester.
    12.1.6  Test laboratory and report number.
    12.1.7  Lowest MESG of gases that the detonation flame arrester is 
suitable for.

[[Page 342]]

    12.1.8  ASTM designation of this standard.
    12.1.9  Ambient air operating temperature range.
    12.1.10  Maximum operating pressure.
    13. Quality Assurance
    13.1  Detonation flame arresters shall be designed, manufactured and 
tested in a manner that ensures they meet the characteristics of the 
unit tested in accordance with this standard.
    13.2  The detonation flame arrester manufacturer shall maintain the 
quality of the arresters that are designed, tested and marked in 
accordance with this standard. At no time shall a detonation flame 
arrester be sold with this standard designation that does not meet the 
requirements herein.
    14. Test Procedures for Detonation Arresters
    14.1  Media/Air Mixtures
    14.1.1  For vapors from flammable or combustible liquids with a MESG 
greater than or equal to 0.9 mm, technical grade hexane or gasoline 
vapors shall be used for all tests in this section except technical 
grade propane may be used for the deflagration/detonation tests in 
section 14.3. For vapors with a MESG less than 0.9 mm, the specific 
vapor (or alternatively, a media with a MESG less than or equal to the 
MESG of the vapor) must be used as the test medium in all Section 14 
tests.
    14.1.2  Hexane, propane, gasoline and other test vapors shall be 
mixed with air to form the most easily ignitable mixture. (5)
    14.2  Endurance Burn Test Procedure
    14.2.1  An endurance burning test shall be carried out as follows:
    14.2.1.1  The test rig shall consist of an apparatus producing an 
explosive mixture, a small tank with a diaphragm, a prototype of the 
detonation flame arrester and a firing source in close proximity to the 
test device (see Figure 1). The detonation flame arrester shall be 
installed so that the mixture emission is vertically upwards, or 
installed in the position for which it is designed and which will cause 
the most severe heating of the device under the prescribed endurance 
burn conditions. In this position the mixture shall be ignited.
    14.2.1.2  Endurance burn test shall start by using the most easily 
ignitable test vapor/air mixture with the aid of a pilot flame or a 
spark igniter at the outlet. The flammable mixture may be reignited as 
necessary in the course of the endurance burn.
    14.2.1.3  Temperature measurement will be performed on the surface 
of the arrester element half way between the center and its edge.
    14.2.1.4  By varying the proportions of the flammable mixture and 
the flow rate, the detonation flame arrester shall be heated by a stable 
flame on the surface of the arrester until the highest obtainable 
temperature is reached on the ignited side or until the temperature on 
the side which was not ignited (protected side) rises 100  deg.C.
    14.2.1.5  The flammable mixture proportions will then be varied 
again until the conditions which result in the highest temperature on 
the protected side are achieved. This temperature shall be maintained 
for a period of ten minutes, after which the flow shall be stopped and 
the conditions observed. The highest attainable temperature is 
considered to have been reached when any subsequent rise of temperature 
does not exceed 0.5  deg.C per minute over a ten minute period.
    14.2.1.6  If difficulty arises in establishing the highest 
attainable temperature on the protected side, the following criteria 
shall apply. When the increase in temperature on the protected side 
occurs so slowly that its temperature does not rise 100  deg.C, the 
conditions which produced the highest temperature on the ignited side of 
the arrester will be maintained for two hours. For the condition in 
which the temperature on the protected side continues to rise at a rate 
in excess of 0.5  deg.C per minute for a 10 minute period, endurance 
burning shall be continued, using the most severe conditions of 
flammable mixtures and flow rate, for a period of two hours. In either 
of these cases, at the end of the two hour period, the flow shall be 
stopped and the conditions observed. The two hour interval shall be 
measured commencing with the setting of the conditions which produced 
the most severe conditions of mixture and flow rate. For Type I 
detonation flame arresters, flame passage shall not occur during this 
test. For Type II detonation flame arresters, the maximum temperature 
obtained, and the time elapsed from the time when the most severe 
conditions are set to when flame passage occurs, shall be recorded. 
However, for Type II detonation flame arresters the test may be 
terminated 15 minutes after setting the most severe conditions on the 
protected side.
    14.3  Deflagration/Detonation Test Procedure
    14.3.1  A detonation flame arrester shall be installed at one end of 
a pipe of the same diameter as the inlet of the detonation flame 
arrester (see Figure 2). The length and configuration of the test pipe 
shall develop a stable detonation (6) at the device and shall be 
capable, by change in its length or configuration, of developing 
deflagrations and unstable (overdriven) detonations as measured on the 
side of the pipe where ignition occurs (run-up side). For deflagration 
testing, two test piping arrangements shall be used on the outlet side 
of the detonation flame arrester (the side which is not ignited). In 
both of the following end arrangements, the outlet side pipe diameter 
shall be equal to that on the run-up side. In one arrangement, the 
outlet side pipe shall be at least 10 pipe diameters long with a plastic 
bag over the free end. (Alternate end of pipe closures are also 
acceptable provided they easily give

[[Page 343]]

way during the course of the test, and the closure allows the required 
gas concentration to be maintained throughout the test piping 
arrangement.) In the other arrangement the outlet side pipe shall be 
fitted with a restriction located 0.6 meters from the outlet side 
arrester flange. The size of the restriction for each nominal size 
detonation flame arrester shall be as follows:

------------------------------------------------------------------------
   Nominal pipe diameter (inches)       Restriction diameter (inches)   
------------------------------------------------------------------------
                 3                                  \1/2\               
                 4                                  \1/2\               
                 6                                    1                 
                 8                                  1\1/2\              
                 10                                 1\1/2\              
                 12                                   2                 
                 18                                   2                 
                 24                                   2                 
------------------------------------------------------------------------

The entire pipe shall be filled with the most easily ignitable vapor/air 
mixture to a test pressure corresponding to or greater than the upper 
limit of the device's maximum operating pressure (see 11.1.7). In order 
to obtain this test pressure, a device such as a bursting disc may be 
fitted on the open end of the device in place of the plastic bag. The 
concentration of the mixture should be verified by appropriate testing 
of the gas composition. The vapor/air mixture shall then be ignited.
    14.3.2  Flame speeds shall be measured by optical devices capable of 
providing accuracy of +/- 5%. These devices shall be situated no more 
than a distance equal to 3% of the length of the run-up pipe apart with 
one device no more than 8 inches from the end of the test pipe to which 
the detonation flame arrester is attached. In addition, each outlet 
arrangement described in paragraph 14.3.1 shall be fitted with an 
optical device located no more than 8 inches from the detonation flame 
arrester outlet. (7)
    14.3.3  Explosion pressures within the pipe shall be measured by a 
high frequency transducer situated in the test pipe no more than 8 
inches from the run-up side of the housing of the detonation flame 
arrester.
    14.3.4  Using the first end arrangement (10 pipe diameter outlet) 
described in paragraph 14.3.1, a series of tests shall be conducted to 
determine the test pipe length and configuration that results in the 
maximum unstable (overdriven) detonation having the maximum measured 
flame speed at the detonation flame arrester. (These tests may also be 
carried out using a single length of pipe with igniters spaced at 
varying distances from the arrester.) The flame speeds, explosion 
pressures and test pipe configurations shall be recorded for each of 
these tests. The piping configuration that resulted in the highest 
recorded unstable (overdriven) detonation flame speed shall be used, and 
the device shall be subjected to at least four additional unstable 
(overdriven) detonations. In the course of testing, the device shall 
also demonstrate its ability to withstand five stable detonations, five 
deflagrations (as determined by flame speed) where P/
Po was less than 1 and five deflagrations (as determined by 
flame speed) where P/Po was greater than 1 but less 
than 10. Initiation of deflagrations shall be at several locations to 
generate a range for P/Po. Deflagration tests using 
the restricted outlet arrangement described in paragraph 14.3.1 shall 
then be conducted. In these tests the device shall demonstrate its 
ability to stop five deflagrations (as determined by flame speed) 
generated by the same configurations which resulted in P/
Po being less than 1 during the deflagration tests which were 
conducted without the restricted end arrangements, and five 
deflagrations (as determined by flame speed) generated by the same 
configurations which resulted in P/Po being greater 
than 1 but less than 10 during the deflagration tests which were 
conducted without the restricted end arrangements. No evidence of flame 
passage shall occur during these tests. The flame speeds and explosion 
pressures for each of these tests shall be recorded.
    14.3.5  A device that successfully passes the tests of 14.3.4 shall 
be considered to be directional (suitable for arresting a detonation 
advancing only from the direction as tested) except;
    14.3.5.1  A device may be tested according to 14.3.4 for detonations 
approaching from either direction, or
    14.3.5.2  The design of the device is symmetrical where each end may 
be considered to be identical when approached by a detonation from 
either direction.

    (1) Available from the American Society for Testing and Materials, 
1916 Race St., Philadelphia, PA 19103.
    (2) Available from the American Society of Mechanical Engineers, 345 
E. 47th St., New York, NY 10017.
    (3) Available from the International Maritime Organization, 4 Albert 
Embankment, London SE1 7SR, England.
    (4) Available from the International Electrotechnical Commission, 1 
rue de Varembe, Geneva, Switzerland.
    (5) See IEC Publication 79-1.
    (6) Some data are available for the estimation of flame speeds in 
horizontal pipes without detonation flame arresters. Some data indicate 
that the presence of small obstacles, fittings or bends in the test pipe 
can accelerate the flame speeds appreciably.
    (7) Other pressure and/or flame speed measuring techniques may be 
used if effective.

[[Page 344]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.012



[[Page 345]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.013



[[Page 346]]



                              Attachment 1                              
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap      
            Inflammable gas or vapour             ----------------------
                                                       mm         in.   
------------------------------------------------------------------------
Methane..........................................       1.170      0.046
Blast furnace gas................................       1.193      0.047
Propane..........................................       0.965      0.038
Butane...........................................       1.066      0.042
Pentane..........................................       1.016      0.040
Hexane...........................................       0.965      0.038
Heptane..........................................       0.965      0.038
Iso-octane.......................................       1.040      0.041
Decane...........................................       1.016      0.040
Benzene..........................................       0.99       0.039
Xylene...........................................       1.066      0.042
Cyclohexane......................................       0.94       0.037
Acetone..........................................       1.016      0.040
Ethylene.........................................       0.71       0.028
Methyl-ethyl-ketone..............................       1.016      0.040
Carbon monoxide..................................       0.915      0.036
Methyl-acetate...................................       0.990      0.039
Ethyl-acetate....................................       1.04       0.041
Propyl-acetate...................................       1.04       0.041
Butyl-acetate....................................       1.016      0.040
Amyl-acetate.....................................       0.99       0.039
Methyl alcohol...................................       0.915      0.036
Ethyl alcohol....................................       1.016      0.040
Iso-butyl-alcohol................................       0.965      0.038
Butyl-alcohol (Normal)...........................       0.94       0.037
Amyl-alcohol.....................................       0.99       0.039
Ethyl-ether......................................       0.864      0.034
Coal gas (H2 57%)................................       0.482      0.019
Acetylene........................................  0.025  2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................  0.025  2 57%)................................       0.482      0.019
Acetylene........................................      <0.025     <0.001
Carbon disulphide................................       0.203      0.008
Hydrogen.........................................       0.102      0.004
Blue water gas (H2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................      <0.025     <0.001
Ammonia..........................................    \1\3.33    \1\0.133
Ethylene oxide...................................       0.65       0.026
Ethyl nitrite....................................       0.922      0.038
------------------------------------------------------------------------
\1\Approximately.                                                       


[CGD 88-102, 55 FR 25441, June 21, 1990]

   Appendix C to Part 154--Guidelines for Determining and Evaluating 
         Required Response Resources for Facility Response Plans

                               1. Purpose

    1.1  The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subpart F of 
this part. These guidelines will be used by the facility owner or 
operator in preparing the response plan and by the Captain of the Port 
(COTP) when reviewing them. Response resources identified in subparts H 
and I of this part should be selected using the guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1  All equipment identified in a response plan must be designed to 
operate in the conditions expected in the facility's geographic area. 
These conditions vary widely based on location and season. Therefore, it 
is difficult to identify a single stockpile of response equipment that 
will function effectively in each geographic location.
    2.2  Facilities handling, storing, or transporting oil in more than 
one operating environment as indicated in Table 1 of this appendix must 
identify equipment capable of successfully functioning in each operating 
environment.
    2.3  When identifying equipment for response plan credit, a facility 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix should be used for evaluating the 
operability in a given environment. These criteria reflect the general 
conditions in certain operating areas.
    2.3.1  The Coast Guard may require documentation that the boom 
identified in a response plan meets the criteria in Table 1. Absent 
acceptable documentation, the Coast Guard may require that the boom be 
tested to demonstrate that it meets the criteria in Table 1. Testing 
must be in accordance with ASTM F 715, ASTM F 989, or other tests 
approved by the Coast Guard.
    2.4  Table 1 of this appendix lists criteria for oil recovery 
devices and boom. All other equipment necessary to sustain or support 
response operations in the specified operating environment must be 
designed to function in the same conditions. For example, boats which 
deploy or support skimmers or boom must be capable of being safely 
operated in the significant wave heights listed for the applicable 
operating environment.
    2.5  A facility owner or operator must refer to the applicable local 
contingency plan or ACP, as appropriate, to determine if ice, debris, 
and weather-related visibility are significant factors in evaluating the 
operability of equipment. The local contingency plan or ACP will also 
identify the average temperature ranges expected in the facility's 
operating area. All equipment identified in a response plan must be 
designed to operate within those conditions or ranges.
    2.6  The requirements of subparts F, G, H and I of this part 
establish response resource mobilization and response times. The 
distance of the facility from the storage location of the response 
resources must be used to determine whether the resources can arrive on 
scene within the stated time. A facility owner or operator shall include 
the time for notification, mobilization, and travel time of response 
resources identified to meet the maximum most probable discharge and 
Tier 1 worst case discharge response time requirements. For subparts F 
and G, tier 2 and 3 response resources must be notified and mobilized as 
necessary to meet the requirements for arrival on scene in accordance 
with Secs. 154.1045 or 154.1047 of subpart F, or Sec. 154.1135 of 
subpart G, as appropriate. An on water speed of 5 knots and a land speed 
of 35 miles per hour is assumed unless the facility

[[Page 352]]

owner or operator can demonstrate otherwise.
    2.7  For subparts F and G, in identifying equipment, the facility 
owner or operator shall list the storage location, quantity, and 
manufacturer's make and model. For oil recovery devices, the effective 
daily recovery capacity, as determined using section 6 of this appendix 
must be included. For boom, the overall boom height (draft plus 
freeboard) should be included. A facility owner or operator is 
responsible for ensuring that identified boom has compatible connectors.
    2.8  For subparts H and I, in identifying equipment, the facility 
owner or operator shall list the storage location, quantity, and 
manufacturer's make and model. For boom, the overall boom height (draft 
plus freeboard) should be included. A facility owner or operator is 
responsible for ensuring that identified boom has compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1  A facility owner or operator shall identify sufficient response 
resources available, through contract or other approved means as 
described in Sec. 154.1028(a), to respond to the average most probable 
discharge. The equipment must be designed to function in the operating 
environment at the point of expected use.
    3.2  The response resources must include:
    3.2.1  1,000 feet of containment boom or two times the length of the 
largest vessel that regularly conducts oil transfers to or from the 
facility, whichever is greater, and a means deploying it available at 
the spill site within 1 hour of the discovery of a spill.
    3.2.2  Oil recovery devices with an effective daily recovery 
capacity equal to the amount of oil discharged in an average most 
probable discharge or greater available at the facility within 2 hours 
of the detection of an oil discharge.
    3.2.3  Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1  A facility owner or operator shall identify sufficient response 
resources available, by contract or other approved means as described in 
Sec. 154.1028(a), to respond to discharges up to the maximum most 
probable discharge volume for that facility. This will require response 
resources capable of containing and collecting up to 1,200 barrels of 
oil or 10 percent of the worst case discharge, whichever is less. All 
equipment identified must be designed to operate in the applicable 
operating environment specified in Table 1 of this appendix.
    4.2  Oil recovery devices identified to meet the applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 6 hours in higher volume port areas (as 
defined in 154.1020) and the Great Lakes and within 12 hours in all 
other areas.
    4.3  Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50 percent of the planning volume 
applicable for the facility as determined in section 4.1 of this 
appendix. The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4  In addition to oil recovery capacity, the plan must identify 
sufficient quantities of containment boom available, by contract or 
other approved means as described in Sec. 154.1028(a), to arrive within 
the required response times for oil collection and containment and for 
protection of fish and wildlife and sensitive environments. While the 
regulation does not set required quantities of boom for oil collection 
and containment, the response plan must identify and ensure, by contract 
or other approved means as described in Sec. 154.1028(a), the 
availability of the boom identified in the plan for this purpose.
    4.5  The plan must indicate the availability of temporary storage 
capacity to meet the guidelines of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this level, then the 
effective daily recovery capacity must be derated to the limits of the 
available storage capacity.
    4.6  The following is an example of a maximum most probable 
discharge volume planning calculation for equipment identification in a 
higher volume port area: The facility's worst case discharge volume is 
20,000 barrels. Ten percent of this is 2,000 barrels. Since this is 
greater than 1,200 barrels, 1,200 barrels is used as the planning 
volume. The effective daily recovery capacity must be 50 percent of 
this, or 600 barrels per day. The ability of oil recovery devices to 
meet this capacity will be calculated using the procedures in section 6 
of this appendix. Temporary storage capacity available on scene must 
equal twice the daily recovery rate as indicated in section 9 of this 
appendix, or 1,200 barrels per day. This is the information the facility 
owner or operator will use to identify and ensure the availability of, 
through contract or other approved means as described in 
Sec. 154.1028(a), the required response resources. The facility owner 
will also need to identify how much boom is available for use.

[[Page 353]]

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1  A facility owner or operator shall identify and ensure 
availability of, by contract or other approved means, as described in 
Sec. 154.1028(a), sufficient response resources to respond to the worst 
case discharge of oil to the maximum extent practicable. Section 7 of 
this appendix describes the method to determine the required response 
resources.
    5.2  Oil spill response resources identified in the response plan 
and available through contract or other approved means, as described in 
Sec. 154.1028(a), to meet the applicable worst case discharge planning 
volume must be located such that they can arrive at the scene of a 
discharge within the times specified for the applicable response tiers 
listed in Sec. 154.1045.
    5.3  The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A facility owner or operator shall identify 
the storage locations of all response resources that must be used to 
fulfill the requirements for each tier. The owner or operator of a 
facility whose required daily recovery capacity exceeds the applicable 
response capability caps in Table 5 of this appendix shall identify 
sources of additional equipment, their locations, and the arrangements 
made to obtain this equipment during a response. The owner or operator 
of a facility whose calculated planning volume exceeds the applicable 
contracting caps in Table 5 shall identify sources of additional 
equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the 
amount necessary to reach the calculated planning volume, whichever is 
lower. The resources identified above the cap must be capable of 
arriving on scene not later than the Tiers 1, 2, and 3 response times in 
Sec. 154.1045. No contract is required. While general listings of 
available response equipment may be used to identify additional sources, 
a response plan must identify the specific sources, locations, and 
quantities of equipment that a facility owner or operator has considered 
in his or her planning. When listing Coast Guard classified oil spill 
removal organization(s) which have sufficient removal capacity to 
recover the volume above the response capability cap for the specific 
facility, as specified in Table 5 of this appendix, it is not necessary 
to list specific quantities of equipment.
    5.4  A facility owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
derated to the limits of the availabile storage capacity.
    5.5  When selecting response resources necessary to meet the 
response plan requirements, the facility owner or operator must ensure 
that a portion of those resources are capable of being used in close-to-
shore response activities in shallow water. The following percentages of 
the on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Offshore--10 percent
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    5.6  In addition to oil spill recovery devices, a facility owner or 
operator shall identify sufficient quantities of boom that are 
available, by contract or other approved means as described in 
Sec. 154.1028(a), to arrive on scene within the required response times 
for oil containment and collection. The specific quantity of boom 
required for collection and containment will depend on the specific 
recovery equipment and strategies employed. A facility owner or operator 
shall also identify sufficient quantities of oil containment boom to 
protect fish and wildlife and sensitive environments for the number of 
days and geographic areas specified in Table 2. Sections 
154.1035(b)(4)(iii) and 154.1040(a), as appropriate, shall be used to 
determine the amount of containment boom required, through contract or 
other approved means as described in Sec. 154.1028(a), to protect fish 
and wildlife and sensitive environments.
    5.7  A facility owner or operator must also identify, through 
contract or other approved means as described in Sec. 154.1028(a), the 
availability of an oil spill removal organization capable of responding 
to a shoreline cleanup operation involving the calculated volume of oil 
and emulsified oil that might impact the affected shoreline. The volume 
of oil that must be planned for is calculated through the application of 
factors contained in Tables 2 and 3. The volume calculated from these 
tables is intended to assist the facility owner or operator in 
identifying a contractor with sufficient resources and expertise. This 
planning volume is not used explicitly to determine a required amount of 
equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1  Oil recovery devices identified by a facility owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These rates must be used to determine whether there is 
sufficient capacity to meet the applicable planning critieria for the 
average most probable discharge, maximum most probable discharge, and 
worst case discharge to the maximum extent practicable.
    6.2  For the purpose of determining the effective daily recovery 
capacity of oil recovery devices, the formula listed in section

[[Page 354]]

6.2.1 of this appendix will be used. This method considers potential 
limitations due to available daylight, weather, sea state, and 
percentage of emulsified oil in the recovered material. The Coast Guard 
may assign a lower efficiency factor to equipment listed in a response 
plan if it determines that such a reduction is warranted.
    6.2.1  The following formula must be used to calculate the effective 
daily recovery capacity:

R=T x 24 hours x E

R=Effective daily recovery capacity
T=Throughout rate in barrels per hour (nameplate capacity)
E=20 percent Efficiency factor (or lower factor as determined by Coast 
          Guard)

    6.2.2  For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3  For belt or mop type devices, the throughput rate will be 
calculated using the speed of the belt or mop through the device, 
assumed thickness of oil adhering to or collected by the device, and 
surface area of the belt or mop. For purposes of this calculation, the 
assumed thickness of oil will be 1/4 inch.
    6.2.4  Facility owners or operators including oil recovery devices 
whose throughput is not measurable using a pump capacity or belt/mop 
speed may provide information to support an alternative method of 
calculation. This information must be submitted following the procedures 
in paragraph 6.3.2 of this appendix.
    6.3  As an alternative to 6.2, a facility owner or operator may 
submit adequate evidence that a different effective daily recovery 
capacity should be applied for a specific oil recovery device. Adequate 
evidence is actual verified performance data in spill conditions or 
tests using ASTM F 631, ASTM F 808, or an equivalent test approved by 
the Coast Guard.
    6.3.1  The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R=D x U

R=Effective daily recovery capacity
D=Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F 808; 
          Item 13.1.15 in ASTM F 631; or actual performance data)
U=Hours per day that a facility owner or operator can document 
          capability to operate equipment under spill conditions. Ten 
          hours per day must be used unless a facility owner or operator 
          can demonstrate that the recovery operation can be sustained 
          for longer periods.

    6.3.2  A facility owner or operator proposing a different effective 
daily recovery rate for use in a response plan shall provide data for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated throughput at the pump of 267 gallons per minute (gpm).

267 gpm=381 barrels per hour
R=381 x 24 x .2=1829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recovery rate 
is determined to be 220 gpm. The facility owner of operator identifies 
sufficient response resources available to support operations 12 hours 
per day.

220 gpm=314 barrels per hour
R=314 x 12=3768 barrels per day

    The facility owner or operator will be able to use the higher rate 
if sufficient temporary oil storage capacity is available. 
Determinations of alternative efficiency factors under paragraph 6.2 or 
alternative effective daily recovery capacities under paragraph 6.3 of 
this appendix will be made by Commandant, (G-MOR), Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593. Response 
contractors or equipment manufacturers may submit required information 
on behalf of multiple facility owners or operators directly in lieu of 
including the request with the response plan submission.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1  The facility owner or operator shall plan for a response to a 
facility's worst case discharge. The planning for on-water recovery must 
take into account a loss of some oil to the environment due to 
evaporative and natural dissipation, potential increases in volume due 
to emulsification, and the potential for deposit of some oil on the 
shoreline.
    7.2  The following procedures must be used to calculate the planning 
volume used by a facility owner or operator for determining required on 
water recovery capacity:
    7.2.1  The following must be determined: The worst case discharge 
volume of oil in the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the facility's 
specific operating area. Facilities which handle, store, or transport 
oil from different petroleum oil groups must calculate each group 
separately. This information is to be used with Table 2 of this appendix 
to determine the percentages of the total volume to be used for removal 
capacity planning. This table divides the volume into three categories: 
Oil lost to the environment; oil deposited on the shoreline; and oil 
available for on-water recovery.
    7.2.2  The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 3 of this appendix. 
Facilities which handle, store, or transport oil from different 
petroleum

[[Page 355]]

groups must assume that the oil group resulting in the largest on-water 
recovery volume will be stored in the tank or tanks identified as 
constituting the worst case discharge.
    7.2.3  The adjusted volume is multiplied by the on-water oil 
recovery resource mobilization favor found in Table 4 of this appendix 
from the appropriate operating area and response tier to determine the 
total on-water oil recovery capacity in barrels per day that must be 
identified or contracted for to arrive on-scene with the applicable time 
for each response tier. Three tiers are specified. For higher volume 
port areas, the contracted tiers of resources must be located such that 
they can arrive on scene within 6, 30, and 54 hours of the discovery of 
an oil discharge. For all other river, inland, nearshore, offshore 
areas, and the Great Lakes, these tiers are 12, 36, and 60 hours.
    7.2.4  The resulting on-water recovery capacity in barrels per day 
for each tier must be used to identify response resources necessary to 
sustain operations in the applicable operating area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 2 of this appendix. The facility owner or operator must identify 
and ensure the availability, through contract or other approved means as 
described in Sec. 154.1028(a), of sufficient oil spill recovery devices 
to provide the effective daily recovery oil recovery capacity required. 
If the required capacity exceeds the applicable cap specified in Table 5 
of this appendix, then a facility owner or operator shall ensure, by 
contract or other approved means as described in Sec. 154.1028(a), only 
for the quantity of resources required to meet the cap, but shall 
identify sources of additional resources as indicated in 
Sec. 154.1045(m). The owner or operator of a facility whose planning 
volume exceeds the cap for 1993 must make arrangements to identify and 
ensure the availability, through contract or other approved means as 
described in Sec. 154.1028(a), of the additional capacity in 1998 or 
2003, as appropriate. For a facility that handles, stores, or transports 
multiple groups of oil, the required effective daily recovery capacity 
for each group is calculated before applying the cap.
    7.3  The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1  The following must be determined: The worst case discharge 
volume of oil for the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the operating 
area(s) in which the facility operates. For a facility storing oil from 
different groups, each group must be calculated separately. Using this 
information, Table 2 of this appendix must be used to determine the 
percentages of the total planning volume to be used for shoreline 
cleanup resource planning.
    7.3.2  The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2.
    7.3.3  The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.3.4  The following is an example of the procedure described above: 
A facility receives oil from barges via a dock located on a bay and 
transported by piping to storage tanks. The facility handles Number 6 
oil (specific gravity .96) and stores the oil in tanks where it is held 
prior to being burned in an electric generating plant. The MTR segment 
of the facility has six 18-inch diameter pipelines running one mile from 
the dock-side manifold to several storage tanks which are located in the 
non-transportation-related portion of the facility. Although the 
facility piping has a normal working pressure of 100 pounds per square 
inch, the piping has a maximum allowable working pressure (MAWP) of 150 
pounds per square inch. At MAWP, the pumping system can move 10,000 
barrels (bbls) of Number 6 oil every hour through each pipeline. The 
facility has a roving watchman who is required to drive the length of 
the piping every 2 hours when the facility is receiving oil from a 
barge. The facility operator estimates that it will take approximately 
10 minutes to secure pumping operations when a discharge is discovered. 
Using the definition of worst case discharge provided in 
Sec. 154.1029(b)(ii), the following calculation is provided:

                                                                        
                                                                   bbls.
                                                                        
2 hrs + 0.17 hour  x  10,000 bbls per hour....................    21,700
Piping volume = 37,322 ft \3\  5.6 ft \3\/bbl.........    +6,664
                                                               ---------
Discharge volume per pipe.....................................    28,364
Number of pipelines...........................................       x 6
                                                               ---------
Worst case discharge from MTR facility........................   170,184
                                                                        

    To calculate the planning volumes for onshore recovery:

Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil onshore recovery (from Table 2): Inland 70%

[[Page 356]]

Planning volumes for onshore recovery: Inland 170,184  x .7  x  1.4 = 
166,780 bbls.

    Conclusion: The facility owner or operator must contract with a 
response resource capable of managing a 166,780 barrel shoreline 
cleanup.
    To calculate the planning volumes for on-water recovery:

Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil on-water recovery (from Table 2): Inland 50%
Planning volumes for on-water recovery: Inland 170,184  x  .5  x  1.4 = 
119,128 bbls.

    To determine the required resources for on-water recovery for each 
tier, use the mobilization factors from Table 4:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
------------------------------------------------------------------------
Inland = 119,128 bbls........................    x  .1                  
                                                     5    x  .2         
                                                              5    x  .4
                                                                       0
                                              --------------------------
Barrels per day (pbd)........................   17,869   29,782   47,652
------------------------------------------------------------------------

    Conclusion: Since the requirements for all tiers for inland exceed 
the caps, the facility owner will only need to contract for 10,000 bpd 
for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Sources 
for the bpd on-water recovery resources above the caps for all three 
Tiers need only be identified in the response plan.
    Twenty percent of the capability for Inland, for all tiers, must be 
capable of operating in water with a depth of 6 feet or less.
    The facility owner or operator will also be required to identify or 
ensure, by contract or other approved means as described in 
Sec. 154.1028(a), sufficient response resources required under 
Secs. 154.1035(b)(4) and 154.1045(k) to protect fish and wildlife and 
sensitive environments identified in the response plan for the worst 
case discharge from the facility.
    The COTP has the discretion to accept that a facility can operate 
only a limited number of the total pipelines at a dock at a time. In 
those circumstances, the worst case discharge must include the drainage 
volume from the piping normally not in use in addition to the drainage 
volume and volume of oil discharged during discovery and shut down of 
the oil discharge from the operating piping.

     8. Determining the Availability of Alternative Response Methods

    8.1  Response plans for facilities that handle, store, or transport 
Groups II or III persistent oils that operate in an area with year-round 
preapproval for dispersant use may receive credit for up to 25 percent 
of their required on-water recovery capacity for 1993 if the 
availability of these resources is ensured by contract or other approved 
means as described in Sec. 154.1028(a). For response plan credit, these 
resources must be capable of being on-scene within 12 hours of a 
discharge.
    8.2  To receive credit against any required on-water recover 
capacity a response plan must identify the locations of dispersant 
stockpiles, methods of shipping to a staging area, and appropriate 
aircraft, vessels, or facilities to apply the dispersant and monitor its 
effectiveness at the scene of an oil discharge.
    8.2.1  Sufficient volumes of dispersants must be available to treat 
the oil at the dosage rate recommended by the dispersant manufacturer. 
Dispersants identified in a response plan must be on the NCP Product 
Schedule that is maintained by the Environmental Protection Agency. 
(Some states have a list of approved dispersants and within state waters 
only they can be used.)
    8.2.2  Dispersant application equipment identified in a response 
plan for credit must be located where it can be mobilized to shoreside 
staging areas to meet the time requirements in section 8.1 of this 
appendix. Sufficient equipment capacity and sources of appropriate 
dispersants should be identified to sustain dispersant application 
operations for at least 3 days.
    8.2.3  Credit against on-water recovery capacity in preapproved 
areas will be based on the ability to treat oil at a rate equivalent to 
this credit. For example, a 2,500 barrel credit against the Tier 1 
10,000 barrel on-water cap would require the facility owner or operator 
to demonstrate the ability to treat 2,500 barrel/day of oil at the 
manufacturers recommended dosage rate. Assuming a dosage rate of 10:1, 
the plan would need to show stockpiles and sources of 250 barrels of 
dispersants at a rate of 250 barrels per day and the ability to apply 
the dispersant at that daily rate for 3 days in the geographic area in 
which the facility is located. Similar data would need to be provided 
for any additional credit against Tier 2 and 3 resources.
    8.3  In addition to the equipment and supplies required, a facility 
owner or operator shall identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
regional plans and ACPs.
    8.4  Identification of the response resources for dispersant 
application does not imply that the use of this technique will be 
authorized. Actual authorization for use during a spill response will be 
governed by the provisions of the NCP and the applicable regional plan 
or ACP. A facility owner or operator who operates a facility in areas 
with year-round preapproval of dispersant can reduce the required on-
water recovery capacity for 1993 up to 25 percent. A facility owner or 
operator may reduce the required on water recovery cap increase for 1998 
and 2003 up to 50 percent by identifying pre-approved alternative 
response methods.

[[Page 357]]

    8.5  In addition to the credit identified above, a facility owner or 
operator that operates in a year-round area pre-approved for dispersant 
use may reduce their required on water recovery cap increase for 1998 
and 2003 by up to 50 percent by identifying non-mechanical methods.
    8.6  The use of in-situ burning as a non-mechanical response method 
is still being studied. Because limitations and uncertainties remain for 
the use of this method, it may not be used to reduce required oil 
recovery capacity in 1993.

    9. Additional Equipment Necessary to Sustain Response Operations

    9.1  A facility owner or operator is responsible for ensuring that 
sufficient numbers of trained personnel and boats, aerial spotting 
aircraft, containment boom, sorbent materials, boom anchoring materials, 
and other supplies are available to sustain response operations to 
completion. All such equipment must be suitable for use with the primary 
equipment identified in the response plan. A facility owner or operator 
is not required to list these response resources, but shall certify 
their availability.
    9.2  A facility owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery rate required on scene. This temporary storage capacity may be 
reduced if a facility owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant waste, or the availability of alternative temporary storage or 
disposal locations will reduce the overall volume of oily material 
storage requirement.
    9.3  A facility owner or operator shall ensure that his or her 
planning includes the capability to arrange for disposal of recovered 
oil products. Specific disposal procedures will be addressed in the 
applicable ACP.

                       Table 1.--Response Resource Operating Criteria Oil Recovery Devices                      
                                                                                                                
            Operating environment                           Significant wave height \1\               Sea State 
Rivers and Canals............................  1 Foot...................................            1
Inland.......................................  3 feet...................................            2
Great Lakes..................................  4 feet...................................          2-3
Ocean........................................  6 feet...................................          3-4
                                                      BOOM                                                      


----------------------------------------------------------------------------------------------------------------
                                                                                    Use                         
                                                         -------------------------------------------------------
                      Boom property                        Rivers and                                           
                                                             canals        Inland      Great Lakes      Ocean   
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\.............................  1  3  4  6
Sea State...............................................             1             2           2-3           3-4
Boom height--in. (draft plus freeboard).................          6-18         18-42         18-42  4
                                                                                                               2
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  2
                                                                                                           0,000
Skirt Fabric Tensile Strength--lbs......................           200           300           300           500
Skirt Fabric Tear Strength--lbs.........................           100           100           100           125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the 
  values listed in Table 1 for each operating environment.                                                      


                                                        Table 2.--Removal Capacity Planning Table                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Spill location                            Rivers and canals           Nearshore/inland Great Lakes                Offshore            
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Sustainability of on-water oil recovery                    3 Days                            4 Days                            6 Days             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     %                                 %                                 %              
                                                     % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on
                     Oil group                      dissipation   floating    shore   dissipation   floating    shore   dissipation   floating    shore 
                                                                    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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 358]]


        Table 3.--Emulsification Factors for Petroleum Oil Groups       
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Non-Persistent Oil:                                                     
  Group I........................................................    1.0
Persistent Oil:                                                         
  Group II.......................................................    1.8
  Group III......................................................    2.0
  Group IV.......................................................    1.4
------------------------------------------------------------------------


      Table 4.--On Water Oil Recovery Resource Mobilization Factors     
------------------------------------------------------------------------
                                                      Tier   Tier   Tier
                   Operating Area                      1      2      3  
------------------------------------------------------------------------
Rivers & Canals....................................    .30    .40    .60
Inland/Nearshore/Great Lakes.......................    .15    .25    .40
Offshore...........................................    .10   .165    .21
------------------------------------------------------------------------
Note: These mobilization factors are for total response resources       
  mobilized, not incremental response resources.                        


                              Table 5.--Response Capability Caps by Operating Area                              
----------------------------------------------------------------------------------------------------------------
                                           Tier 1                     Tier 2                     Tier 3         
----------------------------------------------------------------------------------------------------------------
February 18, 1993:                                                                                              
    All except rivers and        10K bbls/day.............  20K bbls/day.............  40K bbls/day/            
     canals, Great 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        12.5K bbls/day...........  25K bbls/day.............  50K bbls/day.            
     canals, Great Lakes.                                                                                       
    Great Lakes................  6.35K 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 and        TBD......................  TBD......................  TBD.                     
     canals, Great Lakes.                                                                                       
    Great Lakes................  TBD......................  TBD......................  TBD.                     
    Rivers and canals..........  TBD......................  TBD......................  TBD.                     
----------------------------------------------------------------------------------------------------------------
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]

 Appendix D to Part 154--Training Elements for Oil Spill Response Plans

                               1. General

    1.1  The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing OPA 90, specifically included training as 
one of the sections required in a vessel or facility response plan. In 
reviewing submitted response plans, it has been noted that the plans 
often do not provide sufficient information in the training section of 
the plan for either the user or the reviewer of the plan. In some cases, 
plans simply state that the crew and others will be trained in their 
duties and responsibilities, with no other information being provided. 
In other plans, information is simply given that required parties will 
receive the necessary worker safety training (HAZWOPER).
    1.2  The training section of the plan need not be a detailed course 
syllabus, but it must contain sufficient information to allow the user 
and reviewer (or evaluator) to have an understanding of those areas that 
are believed to be critical. Plans should identify key skill areas and 
the training that is required to ensure that the individual identified 
will be capable of performing the duties prescribed to them. It should 
also describe how the training will be delivered to the various 
personnel. Further, this section of the plan must work in harmony with 
those sections of the plan dealing with exercises, the spill management 
team, and the qualified individual.
    1.3  The material in this appendix D is not all-inclusive and is 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1  To assist in the preparation of the training section of a 
facility response plan, some of the key elements that should be 
addressed are indicated in the following sections. Again, while it is 
not necessary that the comprehensive training program for the company be 
included in the response plan, it is necessary for the plan to convey 
the elements that define the program as appropriate.
    2.2  An effective spill response training program should consider 
and address the following:
    2.2.1  Notification requirements and procedures.
    2.2.2  Communication system(s) used for the notifications.
    2.2.3  Procedures to mitigate or prevent any discharge or a 
substantial threat of a discharge of oil resulting from failure of

[[Page 359]]

manifold, mechanical loading arm, or other transfer equipment or hoses, 
as appropriate;
    2.2.3.1  Tank overfill;
    2.2.3.2  Tank rupture;
    2.2.3.3  Piping rupture;
    2.2.3.4  Piping leak, both under pressure and not under pressure, if 
applicable;
    2.2.3.5  Explosion or fire;
    2.2.3.6  Equipment failure (e.g., pumping system failure, relief 
valve failure, or other general equipment relevant to operational 
activities associated with internal or external facility transfers).
    2.2.4  Procedures for transferring responsibility for direction of 
response activities from facility personnel to the spill management 
team.
    2.2.5  Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
the activate such organizations.
    2.2.6  Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.7  Familiarity with the ACP(s).
    2.2.8  Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.9  Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.10  Responsibilities and authority of the qualified individual 
as described in the facility response plan and company response 
organization.
    2.2.11  Responsibilities of designated individuals to initiate a 
response and supervise response resources.
    2.2.12  Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.13  Information on the cargoes handled by the vessel or 
facility, including familiarity with--
    2.2.13.1  Cargo material safety data sheets;
    2.2.13.2  Chemical characteristic of the cargo;
    2.2.13.3  Special handling procedures for the cargo;
    2.2.13.4  Health and safety hazards associated with the cargo; and
    2.2.13.5  Spill and firefighting procedures for cargo.
    2.2.14  Occupational Safety and Health Administration requirements 
for worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the facility response plan, some 
further considerations are noted below (these points are raised simply 
as a reminder):
    3.1  The training program should focus on training provided to 
facility personnel.
    3.2  An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring that 
training is tailored to the needs of the individuals involved in the 
program.
    3.3  An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4  The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individual 
specified in the plan.
    3.5  Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the facility response plan.
    3.6  Training may be delivered via a number of different means; 
including classroom sessions, group discussions, video tapes, self-study 
workbooks, resident training courses, on-the-job training, or other 
means as deemed appropriate to ensure proper instruction.
    3.7  New employees should complete the training program prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some facilities and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their facilities.

[CGD 91-036, 61 FR 7938, Feb. 29, 1996]



PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS--Table of Contents




                           Subpart A--General

Sec.
155.100  Applicability.
155.110  Definitions.
155.120  Equivalents.
155.130  Exemptions.
155.140  Incorporation by reference.

                       Subpart B--Vessel Equipment

155.200  Definitions.
155.205  Discharge removal equipment for vessels 400 feet or greater in 
          length.

[[Page 360]]

155.210  Discharge removal equipment for vessels less than 400 feet in 
          length.
155.215  Discharge removal equipment for inland oil barges.
155.220  Discharge removal equipment for vessels carrying oil as 
          secondary cargo.
155.225  Internal cargo transfer capability.
155.230  Emergency towing capability for oil barges.
155.235  Emergency towing capability for oil tankers.
155.240  Damage stability information for oil tankers and offshore oil 
          barges.
155.245  Damage stability information for inland oil barges.
155.310  Containment of oil and hazardous material cargo discharges.
155.320  Fuel oil and bulk lubricating oil discharge containment.
155.330  Bilge slops/fuel oil tank ballast water discharges on U.S. non-
          oceangoing ships.
155.350  Bilge slops/fuel oil tank ballast water discharges on 
          oceangoing ships of less than 400 gross tons.
155.360  Bilge slops discharges on oceangoing ships of 400 gross tons 
          and above but less than 10,000 gross tons, excluding ships 
          that carry ballast water in their fuel oil tanks.
155.370  Bilge slops/fuel oil tank ballast water discharges on 
          oceangoing ships of 10,000 gross tons and above and oceangoing 
          ships of 400 gross tons and above that carry ballast water in 
          their fuel oil tanks.
155.380  Oily-water separating equipment, bilge alarm, and bilge monitor 
          approval standards.
155.400  Platform machinery space drainage on oceangoing fixed and 
          floating drilling rigs and other platforms.
155.410  Pumping, piping and discharge requirements for U.S. non-
          oceangoing ships of 100 gross tons and above.
155.420  Pumping, piping and discharge requirements for oceangoing ships 
          of 100 gross tons and above but less than 400 gross tons.
155.430  Standard discharge connections for oceangoing ships of 400 
          gross tons and above.
155.440  Segregation of fuel oil and water ballast on new oceangoing 
          ships of 4,000 gross tons and above, other than oil tankers, 
          and on new oceangoing oil tankers of 150 gross tons and above.
155.450  Placard.
155.470  Prohibited spaces.
155.480  Overfill devices.

    Subpart C--Transfer Personnel, Procedures, Equipment, and Records

155.700  Designation of person in charge.
155.710  Qualifications of person in charge.
155.720  Transfer procedures.
155.730  Compliance with transfer procedures.
155.740  Availability of transfer procedures.
155.750  Contents of transfer procedures.
155.760  Amendment of transfer procedures.
155.770  Draining into bilges.
155.775  Maximum cargo level of oil.
155.780  Emergency shutdown.
155.785  Communications.
155.790  Deck lighting.
155.800  Transfer hose.
155.805  Closure devices.
155.810  Tank vessel security.
155.815  Tank vessel integrity.
155.820  Records.

                        Subpart D--Response Plans

155.1010  Purpose.
155.1015  Applicability.
155.1020  Definitions.
155.1025  Operating restrictions and interim operating authorization.
155.1026  Qualified individual and alternate qualified individual.
155.1030  General response plan requirements.
155.1035  Response plan requirements for manned vessels carrying oil as 
          a primary cargo.
155.1040  Response plan requirements for unmanned tank barges carrying 
          oil as a primary cargo.
155.1045  Response plan requirements for vessels carrying oil as a 
          secondary cargo.
155.1050  Response plan development and evaluation criteria for vessels 
          carrying groups I through IV petroleum oil as a primary cargo.
155.1052  Response plan development and evaluation criteria for vessels 
          carrying group V petroleum oil as a primary cargo.
155.1055  Training.
155.1060  Exercises.
155.1062  Inspection and maintenance of response resources.
155.1065  Procedures for plan submission, approval, requests for 
          acceptance of alternative planning criteria, and appeal.
155.1070  Procedures for plan review, revision, amendment, and appeal.

  Subpart E--Additional Response Plan Requirements for Tankers Loading 
     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 
                            Authorization Act

155.1110  Purpose and applicability
155.1115  Definitions
155.1120  Operating restrictions and interim operating authorization.
155.1125  Additional response plan requirements.
155.1130  Requirements for pre-positioned response equipment.

[[Page 361]]

155.1135  Response plan development and evaluation criteria.
155.1145  Submission and approval procedures.
155.1150  Plan revision and amendment procedures.

 Subpart F--Response plan requirements for vessels carrying animal fats 
                  and vegetable oils as a primary cargo

155.1210  Purpose and applicability.
155.1225  Response plan submission requirements.
155.1230  Response plan development and evaluation criteria.

  Subpart G--Response Plan Requirements for Vessels Carrying Other Non-
                    Petroleum Oils as a Primary Cargo

155.2210  Purpose and applicability.
155.2225  Response plan submission requirements.
155.2230  Response plan development and evaluation criteria.

Appendix A to Part 155--Specifications for Shore Connection
Appendix B to Part 155--Determining and Evaluating Required Response 
          Resources for Vessel Response Plans
Appendix C to Part 155--Training Elements for Oil Spill Response Plans

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; sec. 2, E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

    Secs. 155.100-155.130, 155.350-155.400, 155.430, 155.440, 155.470, 
155.1030 (j) and (k), and 155.1065(g) also issued under 33 U.S.C. 
1903(b); and Secs. 155.1110-155.1150 also issued under 33 U.S.C. 2735.

    Note: Additional requirements for vessels carrying oil or hazardous 
materials are contained in 46 CFR parts 30 through 36, 150, 151, and 
153.



                           Subpart A--General

    Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise 
noted.



Sec. 155.100  Applicability.

    (a) Subject to the exceptions provided for in paragraph (b) of this 
section, this part applies to each ship that:
    (1) Is operated under the authority of the United States, wherever 
located; or
    (2) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) This part does not apply to:
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in non-commercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.



Sec. 155.110   Definitions.

    Except as specifically stated in a section, the definitions in part 
151 of this chapter, except for the word ``oil'', and in part 154 of 
this chapter, apply to this part.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994]



Sec. 155.120  Equivalents.

    (a) For ships required to be surveyed under Sec. 151.17 of this 
chapter, the Commandant may, upon receipt of a written request, allow 
any fitting, material, appliance or apparatus to be fitted in a ship as 
an alternative to that required by both MARPOL 73/78 and subpart B of 
this part if such fitting, material, appliance, or apparatus is at least 
as effective as that required by subpart B. Substitution of operational 
methods to control the discharge of oil in place of those design and 
construction features prescribed by MARPOL 73/78 that are also 
prescribed by subpart B of this part is not allowed.
    (b) Any equivalent to a feature prescribed by MARPOL 73/78 that is 
authorized for a ship having an IOPP Certificate is noted on that 
Certificate.
    (c) For tank vessels required to have overfill devices installed 
under parts 155 and 156 of this chapter, the Commandant may, upon 
receipt of a written request, allow any fitting, material, appliance, or 
apparatus to be fitted in a tank vessel as an alternative to the 
required overfill device(s) that are specified in these parts if the 
proposed alternative device is at least as effective as that required in 
the regulations.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 59 
FR 53290, Oct. 21, 1994]



Sec. 155.130  Exemptions.

    (a) The Commandant grants an exemption or partial exemption from

[[Page 362]]

compliance with any requirement in this part if:
    (1) A ship operator submits a written request for an exemption via 
the COTP or OCMI thirty (30) days before operations under the exemption 
are proposed unless the COTP or OCMI authorizes a shorter time; and
    (2) It is determined from the request that:
    (i) Compliance with a specific requirement is economically or 
physically impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of protection from 
pollution; and
    (iii) The likelihood of discharges occurring as a result of the 
exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and the reasons for the exemption and proposed procedures, 
methods, or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An oceangoing ship is not given an exemption from the 
requirements of subpart B of this part unless the ship is a hydrofoil, 
air cushion vehicle or other new type of ship (near-surface craft, 
submarine craft, etc.) whose constructional features are such as to 
render the application of any of the provisions of subpart B relating to 
construction and equipment unreasonable or impractical. The construction 
and equipment of the ship must provide protection equivalent to that 
afforded by subpart B of this part against pollution, having regard to 
the service for which the ship is intended.
    (e) An exemption is granted or denied in writing. The decision of 
the Commandant is a final agency action.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.140  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard 
Office of Compliance (G-MOC), 2100 Second Street SW., Washington, 20593-
0001, and is available from the sources indicated in paragraph (b) of 
this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are as follows:
    American Society for Testing and Materials (ASTM) 1916 Race Street, 
Philadelphia, PA 19103.


ASTM F 631-80 (Reapproved 1985), Standard  Appendix B.                  
 Method for Testing Full Scale Advancing                                
 Spill Removal Devices.                                                 
ASTM F 715-81 (Reapproved 1986), Standard  Appendix B.                  
 Methods of Testing Spill Control Barrier                               
 Membrane Materials.                                                    
ASTM F 808-83 (1988), Standard Guide for   Appendix B.                  
 Collecting Skimmer Performance Data in                                 
 Uncontrolled Environments.                                             
ASTM F 989-86, Standard Test Methods for   Appendix B.                  
 Spill Control Barrier Tension Members.                                 
                                                                        

    International Maritime Organization (IMO)


Publications Section, 4 Albert                                          
 Embankment, London SE1 75R, United                                     
 Kingdom, Telex 23588..                                                 
Resolution A.535(13), Recommendations on   155.235                      
 Emergency Towing Requirements for                                      
 Tankers, November 17, 1983.                                            
                                                                        

    Oil Companies International Marine Forum (OCIMF) 15th Floor, 96 
Victoria Street, London SW1E 5JW England.


Ship to Ship Transfer Guide (Petroleum), Second                         
 Edition, 1988.................................                 155.1035
                                                                        


[CGD 91-034, 58 FR 7424, Feb. 5, 1993, as amended by CGD 90-068, 58 FR 
67995, Dec. 22, 1993; CGD 96-026, 61 FR 33666, June 28, 1996]

[[Page 363]]



                       Subpart B--Vessel Equipment

    Source: CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless otherwise 
noted.



Sec. 155.200  Definitions.

    As used in this subpart:
    Inland oil barge means a tank barge carrying oil in bulk as cargo 
certificated by the Coast Guard under 46 CFR chapter I, subchapter D for 
river or canal service or lakes, bays, and sounds service.
    On-deck spill means a discharge of oil on the deck of a vessel 
during loading, unloading, transfer, or other shipboard operations. An 
on-deck spill could result from a leaking fitting, an overfill, a bad 
connection, or similar operational mishap. The term on-deck spill is 
used to differentiate these operational discharges from those caused by 
collision or grounding where the hull is punctured and a tank is 
ruptured, resulting in an uncontrolled discharge of oil into the marine 
environment.
    Offshore oil barge means a tank barge carrying oil in bulk as cargo, 
including dual-mode integrated tug-barges, certificated by the Coast 
Guard under 46 CFR chapter I, subchapter D, for navigation in waters 
outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or 
the Gulf of Mexico; any tank barge in Great Lakes service; or any 
foreign flag tank barge.
    Oil tanker means a self-propelled vessel carrying oil in bulk as 
cargo, including integrated tug-barges designed for push-mode operation.
    Vessel carrying oil as secondary cargo means a vessel carrying oil 
pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46 
CFR 90.05-35 or pursuant to an International Oil Pollution Prevention 
(IOPP) or Noxious Liquid Substance (NLS) certificate required by 
Secs. 151.33 or 151.35 of this chapter; or any uninspected vessel that 
carries oil in bulk as cargo.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.205  Discharge removal equipment for vessels 400 feet or greater in length.

    (a) By June 20, 1994, oil tankers and offshore oil barges with an 
overall length of 400 feet or more must carry appropriate equipment and 
supplies for the containment and removal of on-deck oil cargo spills of 
at least 12 barrels.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.210  Discharge removal equipment for vessels less than 400 feet in length.

    (a) By June 20, 1994, oil tankers and offshore oil barges with an 
overall length of less than 400 feet must carry appropriate equipment 
and supplies for the containment and removal of on-deck oil spills of at 
least 7 barrels.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.215  Discharge removal equipment for inland oil barges.

    (a) By June 20, 1994, during cargo transfer operations, inland oil 
barges must have appropriate equipment and supplies ready for immediate 
use to control and remove on-deck oil cargo spills of at least one 
barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;

[[Page 364]]

    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing.
    (c) The oil barge owner or operator may rely on equipment available 
at the transfer facility receiving from or discharging to the barge, 
provided the barge owner or operator has prearranged for the use of the 
equipment by contract or other means approved by the Coast Guard.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.220  Discharge removal equipment for vessels carrying oil as secondary cargo.

    (a) By June 20, 1994, vessels carrying oil as secondary cargo must 
carry appropriate equipment and supplies for the containment and removal 
of on-deck oil cargo spills of at least one-half barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing
    (c) The equipment and supplies must be ready for immediate use 
during cargo transfer operations.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.225  Internal cargo transfer capability.

    By June 20, 1994, oil tankers and offshore oil barges must carry 
suitable hoses and reducers for internal transfer of cargo to tanks or 
other spaces within the cargo block, unless the vessel's installed cargo 
piping system is capable of performing this function.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.230  Emergency towing capability for oil barges.

    (a) By June 20, 1994, offshore oil barges must carry an emergency 
tow wire or tow line rigged and ready for use.
    (b) The emergency tow wire or tow line must have the same towing 
characteristics as the primary tow wire or tow line.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.235  Emergency towing capability for oil tankers.

    (a) Except as provided in paragraph (c) of this section, by January 
21, 1997, oil tankers of 20,000 deadweight tons (dwt) or more but less 
than 50,000 dwt must comply with the emergency towing provisions of 
sections 2.2 through 2.7 of IMO Resolution A.535(13) on at least one end 
of the vessel.
    (b) Except as provided in paragraph (c) of this section, by January 
21, 1997, oil tankers of 50,000 dwt or more must comply with the 
emergency towing provisions of sections 2.2 through 2.7 of IMO 
Resolution A.535(13) on both ends of the vessel.
    (c) Oil tankers that are at least 20 years old (calculated from the 
keel laying date, as defined in 46 CFR 30.10-37) as of January 21, 1994, 
must comply with the requirements of paragraphs (a) and (b) of this 
section by January 21, 1999.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.240  Damage stability information for oil tankers and offshore oil barges.

    (a) Owners or operators of oil tankers and offshore oil barges shall 
ensure by no later than January 21, 1995, that their vessels have 
prearranged, prompt access to computerized, shore-based damage stability 
and residual structural strength calculation programs.
    (b) Vessel baseline strength and stability characteristics must be 
pre-entered into such programs and be consistent with the vessel's 
existing configuration.
    (c) Access to the shore-based calculation program must be available 
24 hours a day.
    (d) At a minimum, the program must facilitate calculation of the 
following:
    (i) Residual hull girder strength based on the reported extent of 
damage.
    (ii) Residual stability when the vessel's compartments are breached.
    (iii) The most favorable off-loading, ballasting, or cargo transfer 
sequences to improve residual stability, reduce

[[Page 365]]

hull girder stresses, and reduce ground-force reaction.
    (iv) The bending and shear stresses caused by pinnacle loads from 
grounding or stranding.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993]



Sec. 155.245  Damage stability information for inland oil barges.

    (a) Owners or operators of inland oil barges shall ensure by no 
later than January 21, 1995, that the vessel plans necessary to perform 
salvage, stability, and residual hull strength assessments are 
maintained at a shore-based location.
    (b) Access to the plans must be available 24 hours a day.

[CGD 90-068, 58 FR 67997, Dec. 22, 1993]



Sec. 155.310  Containment of oil and hazardous material cargo discharges.

    (a) A tank vessel with a capacity of 250 or more barrels that is 
carrying oil or hazardous material as cargo must have--
    (1) Under or around each loading manifold and each transfer 
connection point, a fixed container or enclosed deck area that, in all 
conditions of ship list or trim encountered during the loading 
operation, has a capacity of at least:
    (i) One half barrel if it serves one or more hoses with an inside 
diameter of 2 inches or less, or one or more loading arms with a nominal 
pipe size diameter of 2 inches or less;
    (ii) One barrel if it serves one or more hoses with an inside 
diameter of more than 2 inches but less than 4 inches, or one or more 
loading arms with a nominal pipe size diameter of more than 2 inches but 
less than 4 inches;
    (iii) Two barrels if it serves one or more hoses with an inside 
diameter of 4 inches or more, but less than 6 inches, or one or more 
loading arms with a nominal pipe size diameter of 4 inches or more, but 
less than 6 inches;
    (iv) Three barrels if it serves one or more hoses with an inside 
diameter of 6 inches or more, but less than 12 inches, or one or more 
loading arms with a nominal pipe size diameter of 6 inches or more, but 
less than 12 inches; or
    (v) Four barrels if it serves one or more hoses with an inside 
diameter of 12 inches or more, or one or more loading arms with a 
nominal pipe size diameter of 12 inches or more;
    (2) A means of draining or removing discharged oil or hazardous 
material from each container or enclosed deck area without discharging 
the oil or hazardous material into the water; and
    (3) A mechanical means of closing each drain and scupper in the 
container or enclosed deck area required by this section.
    (b) An offshore tank barge with a cargo capacity of 250 or more 
barrels that is carrying hazardous material as cargo and an inland tank 
barge with the capacity of 250 or more barrels that is carrying oil or a 
hazardous material as cargo must meet paragraph (a) of this section or 
be equipped with--
    (1) A coaming, at least 4 inches high but not more than 8 inches 
high, enclosing the immediate area of the cargo hatches, loading 
manifolds, and transfer connections, that has a capacity, in all 
conditions of vessel list and trim to be encountered during the loading 
operation, of at least one-half barrel per hatch, manifold, and 
connection within the enclosed area;
    (2) A fixed or portable container under each loading manifold and 
each transfer connection within the coaming, that holds at least one-
half barrel;
    (3) A mechanical means of closing each drain and scupper within the 
coaming; and
    (4) A means of draining or removing discharged oil or hazardous 
material from the fixed or portable container and from within the 
coamings without discharging the oil or hazardous material into the 
water.
    (c) By January 21, 1997, all oil tankers and offshore oil barges 
with a cargo capacity of 250 or more barrels must have peripheral 
coamings, including port and starboard coamings and forward and aft 
athwartships coamings, completely enclosing the cargo deck area, cargo 
hatches, manifolds, transfer connections, and any other openings where 
cargo may overflow or leak.
    (1) Coamings must be at least 4 inches high except in the aft 
corners.

[[Page 366]]

    (2) In the aft corners (port and starboard) of a vessel, the 
coamings must be at least 8 inches high and extend--
    (i) Forward at least 14 feet from each corner; and
    (ii) Inboard at least 8 feet from each corner.
    (3) Each area enclosed by the coaming required under this paragraph 
must have--
    (i) A means of draining or removing oil from the enclosed deck area 
without discharging oil into the water; and
    (ii) A mechanical means of closing each drain and scupper in the 
enclosed deck-area.
    (4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or 
other barrier required in 46 CFR 32.56-15 may serve as the aft 
athwartships coaming if the tankship is otherwise in compliance with the 
requirements of this section.
    (d) In addition to the requirements of paragraphs (a) and (b) of 
this section, an offshore oil barge with a cargo capacity of 250 or more 
barrels must have--
    (1) A fixed or portable container that holds at least one-half 
barrel under each oil loading manifold and each oil transfer connection 
within the coaming;
    (2) A mechanical means of closing each drain and scupper within the 
coaming; and
    (3) A means of draining or removing discharged oil from the fixed or 
portable container and from within the coaming without discharging the 
oil into the water.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990; CGD 90-068, 58 FR 67997, Dec. 22, 1993]



Sec. 155.320  Fuel oil and bulk lubricating oil discharge containment.

    (a) A ship of 300 gross tons or more constructed after June 30, 1974 
must have a fixed container or enclosed deck area under or around each 
fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe, 
that:
    (1) For a ship of 300 or more but less than 1600 gross tons has a 
capacity of at least one-half barrel; and
    (2) For a ship of 1600 or more gross tons has a capacity of one 
barrel.
    (b) A ship of 100 gross tons or more constructed before July 1, 
1974, and a ship of 100 or more but less than 300 gross tons constructed 
after June 30, 1974 must:
    (1) Meet paragraph (a)(1) of this section; or
    (2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, 
and fill pipe during oil transfer operations with a portable container 
of at least a 5 U.S. gallon capacity; or
    (3) If the ship has a fill fitting for which containment is 
impractical, use an automatic back pressure shut-off nozzle.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.



Sec. 155.330  Bilge slops/fuel oil tank ballast water discharges on U.S. non-oceangoing ships.

    (a) No person may operate a U.S. non-oceangoing ship in the 
navigable waters of the United States, unless it has the capacity to 
retain on board all oily mixtures and is equipped to discharge these 
oily mixtures to a reception facility.
    (b) A U.S. non-oceangoing ship may retain all oily mixtures on board 
in the ship's bilges. An oily residue (sludge) tank is not required.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.



Sec. 155.350  Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of less than 400 gross tons.

    (a) No person may operate an oceangoing ship of less than 400 gross 
tons, unless it either:
    (1) Has the capacity to retain on board all oily mixtures and is 
equipped to discharge these oily mixtures to a reception facility; or
    (2) Has approved oily-water separating equipment for the processing 
of oily bilge slops or oily fuel oil tank ballast and discharges into 
the sea in accordance with Sec. 151.10.
    (b) An oceangoing ship of less than 400 gross tons may retain all 
oily mixtures on board in the ship's bilges. An oily residue (sludge) 
tank is not required.

[[Page 367]]

    (c) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (d) This section does not apply to a fixed or floating drilling rig 
or other platform.
    (e) This section does not apply to an existing ship until October 2, 
1986.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 155.360  Bilge slops discharges on oceangoing ships of 400 gross tons and above but less than 10,000 gross tons, excluding ships that carry ballast water 
          in their fuel oil tanks.

    (a) No person may operate an oceangoing ship of 400 gross tons and 
above but less than 10,000 gross tons, excluding a ship that carries 
ballast water in its fuel oil tanks, unless it is fitted with approved 
100 parts per million (ppm) oily-water separating equipment for the 
processing of oily bilge slops or oily fuel oil tank ballast.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oily 
residues (sludges) that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oily residues to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily wastes on ships certificated under 46 CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for 
isolation between oil and bilge systems.
    (c) No person may operate a ship unless it is equipped with a 
pipeline to discharge oily mixtures to a reception facility.
    (d) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform.
    (f) This section does not apply to an existing ship until October 2, 
1986.



Sec. 155.370  Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and above and oceangoing ships of 400 gross tons and 
          above that carry ballast water in their fuel oil tanks.

    (a) No person may operate an oceangoing ship of 10,000 gross tons 
and above or any oceangoing ship of 400 gross tons and above that 
carries ballast water in its fuel oil tanks unless it has either:
    (1) Approved 100 ppm oily-water separating equipment for the 
processing of oily bilge slops or oily fuel oil tank ballast and an 
approved bilge monitor; or
    (2) Approved 15 ppm oily-water separating equipment for the 
processing of oily bilge slops or oily fuel oil tank ballast and an 
approved bilge alarm.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oily 
residues (sludges) that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oily residues to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily wastes on ships certificated under 46 CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for 
isolation between oil and bilge systems.
    (c) No person may operate a ship under this section unless it is 
equipped with a pipeline to discharge oily mixtures to a reception 
facility.
    (d) The master or other person having charge of a ship equipped in 
accordance with paragraph (a)(1) of this section shall ensure that the 
bilge monitor continuous record is maintained on board for not less than 
three years.
    (e) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (f) This section does not apply to a fixed or floating drilling rig 
or other platform.

[[Page 368]]

    (g) This section does not apply to an existing ship until October 2, 
1986.

(Approved by the Office of Management and Budget under control number 
2115-0025)



Sec. 155.380  Oily-water separating equipment, bilge alarm, and bilge monitor approval standards.

    (a) On U.S. inspected ships, oily-water separating equipment, bilge 
alarms, and bilge monitors must be approved under 46 CFR 162.050.
    (b) On U.S. uninspected ships and foreign ships, oily-water 
separating equipment, bilge alarms, and bilge monitors must be approved 
under 46 CFR 162.050 or be listed in the current International Maritime 
Organization (IMO) Marine Environment Protection Committee (MEPC) 
Circular summary of MARPOL 73/78 approved equipment.
    (c) A ship that is required to have 100 parts per million (ppm) 
oily-water separating equipment may have 15 parts per million (ppm) 
oily-water separating equipment installed in its place.
    (d) A ship that is required to have a bilge alarm may have a bilge 
monitor installed in its place.



Sec. 155.400  Platform machinery space drainage on oceangoing fixed and floating drilling rigs and other platforms.

    (a) No person may operate an oceangoing fixed or floating drilling 
rig or other platform unless it either--
    (1) Complies with the oily-water separating equipment requirements 
of a valid National Pollutant Discharge Elimination System (NPDES) 
permit issued in accordance with section 402 of the Clean Water Act and 
40 CFR Chapter I;
    (2) Complies with the oily-water separating equipment requirements 
for oceangoing ships of 400 gross tons and above as set forth in either 
Sec. 155.360 or Sec. 155.370; or
    (3) Is not equipped with an installed bilge pumping system for 
discharge of oily mixtures from platform machinery spaces into the sea 
and has the capacity to retain on board all of these oily mixtures and 
is equipped to discharge these mixtures for transport to a reception 
facility.
    (b) When an oceangoing fixed or floating drilling rig or other 
platform is in a special area, is not proceeding en route, or is within 
12 nautical miles of the nearest land; it must either--
    (1) Have the capacity to retain on board all machinery space oily 
mixtures from platform machinery space drainage and be equipped to 
discharge these mixtures for transport to a reception facility; or
    (2) Discharge in accordance with Sec. 151.10 (b)(3), (b)(4), and 
(b)(5) of this chapter, provided the drilling rig or platform is not 
within a special area.
    (c) Paragraph (b) of this section does not apply to a fixed or 
floating drilling rig or other platform that is operating under an NPDES 
permit.
    (d) Paragraph (a) of this section does not apply to an existing 
fixed or floating drilling rig or other platform until October 2, 1986.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 155.410  Pumping, piping and discharge requirements for non-oceangoing ships of 100 gross tons and above.

    (a) No person may operate a non-oceangoing ship of 100 gross tons 
and above that is fitted with main or auxiliary machinery spaces in the 
navigable waters of the United States unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least one 
outlet that is accessible from the weather deck;
    (3) Each outlet required by this section has a shore connection that 
meets the specifications in Sec. 155.430 or the ship has at least one 
portable adapter that meets the specifications in Sec. 155.430 and fits 
the required outlets; and
    (4) The ship has a stop valve for each outlet required by this 
section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
bilge slops or oily fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[[Page 369]]



Sec. 155.420  Pumping, piping and discharge requirements for oceangoing ships of 100 gross tons and above but less than 400 gross tons.

    (a) No person may operate an oceangoing ship of 100 gross tons and 
above but less than 400 gross tons that is fitted with main or auxiliary 
machinery spaces unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least one 
outlet accessible from the weather deck;
    (3) The outlet required by this section has a shore connection that 
meets the specifications in Sec. 155.430, or the ship has at least one 
adapter that meets the specifications in Sec. 155.430 and fits the 
required outlets;
    (4) The ship has a means on the weather deck near the discharge 
outlet to stop each pump that is used to discharge oily wastes; and
    (5) The ship has a stop valve installed for each outlet required by 
this section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
bilge slops or oily fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.



Sec. 155.430  Standard discharge connections for oceangoing ships of 400 gross tons and above.

    (a) An oceangoing ship of 400 gross tons and above must be fitted 
with a standard discharge shore connection, for the discharge to 
reception facilities, of oily wastes from machinery space bilges or fuel 
oil tank ballast water. The discharge connection must be of the 
following dimensions:
    (1) Outside diameter=215 millimeters (mm).
    (2) Inner diameter=according to pipe outside diameter.
    (3) Bolt circle diameter=183 mm.
    (4) Slots in flange=6 holes 22 mm in diameter equidistantly placed 
on a bolt circle of the above diameter, slotted to the flange periphery. 
The slot width to be 22 mm.
    (5) Flange thickness=20 mm.
    (6) Bolts and nuts, quantity and number=6 each of 20 mm in diameter 
and of suitable length.
    (b) A portable adapter that meets the specifications of paragraph 
(a) of this section and that fits the discharge shore connection, for 
the discharge of oily wastes from machinery space bilges may be 
substituted for the standard discharge connection requirement of 
paragraph (a) of this section.
    (c) The flange must be designed to accept pipes up to a maximum 
internal diameter of 125 mm and shall be of steel or other equivalent 
material having a flat face. This flange, together with a gasket of 
oilproof material, must be suitable for a service pressure of 6 
kilograms/square centimeters (kg/cm\2\).



Sec. 155.440  Segregation of fuel oil and water ballast on new oceangoing ships of 4,000 gross tons and above other than oil tankers, and on new oceangoing oil 
          tankers of 150 gross tons and above.

    (a) Except as provided for in paragraph (b) of this section, in new 
oceangoing ships of 4,000 gross tons and above other than oil tankers, 
and in new oceangoing oil tankers of 150 gross tons and above, ballast 
water must not be carried in any fuel oil tank.
    (b) Where abnormal conditions or the need to carry large quantities 
of fuel oil render it necessary to carry ballast water that is not a 
clean ballast in any fuel oil tank, that ballast water must be 
discharged to reception facilities or into the sea in compliance with 
Part 151 of this chapter using the equipment specified in Sec. 155.370, 
and an entry shall be made in the Oil Record Book to this effect.

(Approved by the Office of Management and Budget under control number 
2115-0025)



Sec. 155.450  Placard.

    (a) A ship, except a ship of less than 26 feet in length, must have 
a placard of at least 5 by 8 inches, made of durable material fixed in a 
conspicuous place in each machinery space, or at the bilge and ballast 
pump control station, stating the following:

[[Page 370]]

                       Discharge of Oil Prohibited

    The Federal Water Pollution Control Act prohibits the discharge of 
oil or oily waste into or upon the navigable waters of the United 
States, or the waters of the contiguous zone, or which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
management authority of the United States, if such discharge causes a 
film or discoloration of the surface of the water or causes a sludge or 
emulsion beneath the surface of the water. Violators are subject to 
substantial civil penalties and/or criminal sanctions including fines 
and imprisonment.

    (b) Existing stocks of placards may be used for the life of the 
placard.
    (c) The placard required by paragraph (a) or (b) of this section 
must be printed in the language or languages understood by the crew.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 93-054, 58 FR 
62262, Nov. 26, 1993]



Sec. 155.470  Prohibited spaces.

    (a) In a ship of 400 gross tons and above, for which the building 
contract is placed after January 1, 1982 or, in the absence of a 
building contract, the keel of which is laid or which is at a similar 
stage of construction after July 1, 1982, oil or hazardous material must 
not be carried in a forepeak tank or a tank forward of the collision 
bulkhead.
    (b) A self-propelled ship of 300 gross tons and above, to which 
paragraph (a) of this section does not apply, may not carry bulk oil or 
hazardous material in any space forward of a collision bulkhead except:
    (1) For a ship constructed after June 30, 1974, fuel oil for use on 
the ship may be carried in tanks forward of a collision bulkhead, if 
such tanks are at least 24 inches inboard of the hull structure; or
    (2) For a ship constructed before July 1, 1974, fuel oil for use on 
the ship may be carried in tanks forward of a collision bulkhead, if 
such tanks were designated, installed, or constructed for fuel oil 
carriage before July 1, 1974.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.480   Overfill devices.

    (a) For the purposes of this section, ``oil'' has the same 
definition as provided in Sec. 151.05 of this chapter.
    (b) Each tank vessel with a cargo capacity of 1,000 or more cubic 
meters (approximately 6,290 barrels), loading oil or oil residue as 
cargo in waters subject to the jurisdiction of the U.S. and its 
Exclusive Economic Zone (EEZ), must have one overfill device that is 
permanently installed on each cargo tank and meets the requirements of 
this section. Each newly constructed tank vessel with a cargo capacity 
of 1,000 or more cubic meters (approximately 6,290 barrels), which is 
intended to be loaded with oil or oil residue as cargo, in order to 
receive a Certificate of Inspection (COI), must have an overfill device 
installed on each cargo tank that meets the requirements of this 
section.
    (1) On a tankship, each cargo tank must be equipped with an overfill 
device (including an independent audible alarm or visible indicator for 
that tank) that meets the requirements for tank overfill alarms under 46 
CFR 39.20-7(b)(2) and (3), and (d)(1) through (d)(4).
    (2) On a tank barge, each cargo tank must be equipped with an 
overfill device that--
    (i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3) and 
(d)(1) through (d)(4), and 46 CFR 39.20-9(a)(1) through (a)(3);
    (ii) Is an installed automatic shutdown system that meets the 
requirements of 46 CFR 39.20-9(b); or
    (iii) Is an installed high level indicating device that meets the 
requirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3).
    (c) Each cargo tank of a U.S. flag tank vessel must have installed 
on it an overfill device meeting the requirements of this section at the 
next scheduled cargo tank internal examination performed on the vessel 
under 46 CFR 31.10-21.
    (d) Each cargo tank of a foreign flag tank vessel must have 
installed on it an overfill device--
    (1) At the first survey that includes dry docking, as required by 
the vessel's flag administration, to meet the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, as amended,

[[Page 371]]

or the International Load Line Convention of 1966; or
    (2) At the first cargo tank internal examination performed on the 
tank vessel under 46 CFR 31.10-21.
    (e) This section does not apply to a tank vessel that does not meet 
the double hull requirements of Sec. 157.10d of this chapter and, under 
46 U.S.C. 3703a(c), may not operate in the navigable waters or Exclusive 
Economic Zone of the United States after January 1, 2000.
    (f) This section does not apply to tank vessels that carry asphalt 
as their only cargo.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994]



    Subpart C--Transfer Personnel, Procedures, Equipment, and Records



Sec. 155.700  Designation of person in charge.

    Each operator or agent of a vessel with a capacity of 250 or more 
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as 
regulated in Table 4 of 46 CFR part 154, or each person who arranges for 
and hires a person to be in charge of a transfer of fuel oil, of a 
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall 
designate, either by name or by position in the crew, the person in 
charge (PIC) of each transfer to or from the vessel and of each tank-
cleaning.

[CGD 79-116, 62 FR 25126, May 8, 1997]



Sec. 155.710  Qualifications of person in charge.

    (a) On each tankship required to be documented under the laws of the 
United States, the operator or agent of the vessel, or the person who 
arranges and hires a person to be in charge either of a transfer of 
liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or 
her satisfaction that each person designated as a PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the Crude-Oil Washing 
(COW), inert-gas, and vapor-control systems--to safely conduct a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
license issued under 46 CFR part 10 authorizing service aboard a vessel 
certified for voyages beyond any Boundary Line described in 46 CFR part 
7, except on tankships or self-propelled tank vessels not certified for 
voyages beyond the Boundary Line; and
    (3) Except as provided in paragraph (g) of this section and 46 CFR 
13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR 
part 13 that authorizes the holder to supervise the transfer of fuel 
oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as 
appropriate to the product.
    (b) On each tank barge required to be inspected under 46 U.S.C. 
3703, the operator or agent of the vessel, or the person who arranges 
and hires a person to be in charge of a transfer of fuel oil, of a 
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall 
verify to his or her satisfaction that each PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct either a transfer of liquid 
cargo in bulk or cargo-tank cleaning; and
    (2) Except as provided in paragraph (g) of this section and 46 CFR 
part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge) 
endorsement issued under 46 CFR part 13 that authorizes the holder to 
supervise the transfer of fuel oil, the transfer of liquid cargo in 
bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
    (c) On each foreign tankship, the operator or agent of the vessel 
shall verify to his or her satisfaction that each

[[Page 372]]

PIC either of a transfer of liquid cargo in bulk or of cargo-tank 
cleaning--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged, including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the systems for crude-
oil washing, inert gas, and vapor control, to safely conduct either a 
transfer of liquid cargo in bulk or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
license or other document issued by the flag state or its authorized 
agent authorizing service as master, mate, pilot, engineer, or operator 
on that vessel;
    (3) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence 
acceptable to the Coast Guard, attesting the PIC's meeting the 
requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, 
of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
    (4) Is capable of reading, speaking, and understanding in English, 
or a language mutually-agreed-upon with the shoreside PIC of the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology of, 
ships, transfers, and cargo-tank cleaning; and
    (5) Is capable of effectively communicating with all crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (d) On each foreign tank barge, the operator or agent of the vessel 
shall verify to his or her satisfaction that each PIC either of the 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct a transfer of fuel oil, a 
transfer of liquid cargo in bulk, or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to STCW, or other form of evidence acceptable to the Coast Guard, 
attesting the PIC's meeting the requirements of Chapter V of STCW as a 
PIC of the transfer of fuel oil, of the transfer of liquid cargo in 
bulk, or of cargo-tank cleaning;
    (3) Is capable of reading, speaking, and understanding in English, 
or a language mutually-agreed-upon with the shoreside PIC of the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology of, 
ships, transfers, and cargo-tank cleaning; and
    (4) Is capable of effectively communicating with all crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (e) The operator or agent of each vessel to which this subpart 
applies shall

[[Page 373]]

verify to his or her satisfaction that the PIC of any transfer of fuel 
oil requiring a Declaration of Inspection--
    (1) Holds a valid license issued under 46 CFR part 10 authorizing 
service as master, mate, pilot, engineer, or operator aboard that 
vessel, or holds a valid MMD issued under 46 CFR part 13 endorsed as 
Tankerman-PIC or Tankerman-PIC (Barge), appropriate to the fuel oil and 
the vessel, unless exempted elsewhere in this chapter;
    (2) On each uninspected vessel not requiring a licensed person 
aboard, has been instructed by the operator or agent of the vessel both 
in his or her duties and in the Federal statutes and regulations on 
water pollution that apply to the vessel;
    (3) On each tank barge, for the vessel's own engine-driven pumps has 
been instructed both in his or her duties and in the Federal statutes 
and regulations on water pollution; or
    (4) On each foreign vessel, holds a license or certificate issued by 
a flag state party to STCW, or other form of evidence acceptable to the 
Coast Guard, attesting the qualifications of the PIC to act as master, 
mate, pilot, operator, engineer, or tankerman aboard that vessel.
    (f) Except as provided in paragraph (g) of this section, the 
operator or agent of each self-propelled tank vessel carrying oil or 
hazardous material in bulk shall verify to his or her satisfaction that 
the PIC of the transfer of oil or hazardous material in bulk to or from 
a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement 
on his or her MMD and either a license or a Certificate issued by a flag 
state party to STCW authorizing service as a master, mate, pilot, 
engineer, or operator aboard that vessel.
    (g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning 
facility or shipyard need not hold any of the licenses, documents, 
certificates, or endorsements required in paragraphs (a) through (f) of 
this section, if he or she is a National Fire Protection Association 
Certificated Marine Chemist.

[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD 79-116, 61 FR 
25126, May 8, 1997]



Sec. 155.720  Transfer procedures.

    The operator of a vessel with a capacity of 250 or more barrels of 
oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 
CFR part 154 shall provide transfer procedures that meet the 
requirements of this part and part 156 of this chapter for 
transferring--
    (a) To or from the vessel; and
    (b) From tank to tank within the vessel.

[CGD 86-034, 55 FR 36254, Sept. 4, 1990, as amended by CGD 79-116, 62 FR 
25127, May 8, 1997]



Sec. 155.730  Compliance with transfer procedures.

    The vessel operator of each vessel required by Sec. 155.720 to have 
transfer procedures shall maintain them current and shall require vessel 
personnel to use the transfer procedures for each transfer operation.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.740  Availability of transfer procedures.

    The transfer procedures required by Sec. 155.720 must be:
    (a) Available for inspection by the COTP or OCMI whenever the vessel 
is in operation;
    (b) Legibly printed in a language or languages understood by 
personnel engaged in transfer operations; and
    (c) Permanently posted or available at a place where the procedures 
can be easily seen and used by members of the crew when engaged in 
transfer operations.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.750  Contents of transfer procedures.

    (a) The transfer procedures required by Sec. 155.720 must contain, 
either in the order listed or by use of a cross-reference index page:
    (1) A list of each product transferred to or from the vessel, 
including the following information:
    (i) Generic or chemical name;
    (ii) Cargo information as described in Sec. 154.310(a)(5)(ii) of 
this chapter; and

[[Page 374]]

    (iii) Applicability of transfer procedures;
    (2) A description of each transfer system on the vessel including:
    (i) A line diagram of the vessel's transfer piping, including the 
location of each valve, pump, control device, vent, and overflow;
    (ii) The location of the shutoff valve or other isolation device 
that separates any bilge or ballast system from the transfer system; and
    (iii) A description of and procedures for emptying the discharge 
containment system required by Secs. 155.310 and 155.320;
    (3) The number of persons required to be on duty during transfer 
operations;
    (4) The duties by title of each officer, person in charge, 
tankerman, deckhand, and any other person required for each transfer 
operation;
    (5) Procedures and duty assignments for tending the vessel's 
moorings during the transfer of oil or hazardous material;
    (6) Procedures for operating the emergency shutdown and 
communications means required by Secs. 155.780 and 155.785, 
respectively;
    (7) Procedures for topping off tanks;
    (8) Procedures for ensuring that all valves used during the transfer 
operations are closed upon completion of transfer;
    (9) Procedures for reporting discharges of oil or hazardous material 
into the water; and
    (10) Procedures for closing and opening the vessel openings in 
Sec. 155.815.
    (11) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers or other symbols 
representing all such products and the location in the transfer 
procedures where a chart or list of the symbols used and a list of the 
compatible products which may be transferred through the hose can be 
found for consultation before each transfer.
    (b) Exemptions or alternatives granted must be placed in the front 
of the transfer procedures.
    (c) The vessel operator shall incorporate each amendment to the 
transfer procedures under Sec. 155.760 in the procedures with the 
related existing requirement, or at the end of the procedures if not 
related to an existing requirement.
    (d) If a vessel is fitted with a vapor control system, the transfer 
procedures must contain a description of the vapor collection system on 
the vessel which includes:
    (1) A line diagram of the vessel's vapor collection system piping, 
including the location of each valve, control device, pressure-vacuum 
relief valve, pressure indicator, flame arresters, and detonation 
arresters, if fitted;
    (2) The location of spill valves and rupture disks, if fitted;
    (3) The maximum allowable transfer rate determined in accordance 
with 46 CFR 39.30-1(d) (1) through (d)(3);
    (4) The initial transfer rate for each tank that complies with 46 
CFR 39.30-1(h);
    (5) A table or graph of transfer rates and corresponding vapor 
collection system pressure drops calculated in accordance with 46 CFR 
39.30-1(b);
    (6) The relief settings of each spill valve, rupture disk, and 
pressure-vacuum relief valve; and
    (7) A description of and procedures for operating the vapor 
collection system, including the:
    (i) Pre-transfer equipment inspection requirements;
    (ii) Vapor line connection;
    (iii) Closed gauging system;
    (iv) High level alarm system, if fitted; and
    (v) Independent automatic shutdown system, if fitted.
    (e) If a cargo tank of a tank vessel is fitted with an overfill 
device, the transfer procedures must contain a description of the 
overfill device, including:
    (1) The tank overfill device system and specific procedures for the 
person in charge to--
    (i) Monitor the level of cargo in the tank; and
    (ii) Shut down transfer operations in time to ensure that the cargo 
level in each tank does not exceed the maximum amount permitted by 
Sec. 155.775(b).

[[Page 375]]

    (2) Pre-transfer overfill device equipment inspection and test 
requirements.

(Approved by the Office of Management and Budget under control number 
2115-0120)

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 90-071a, 59 FR 53291, Oct. 21, 
1994]



Sec. 155.760  Amendment of transfer procedures.

    (a) The COTP or OCMI may require the vessel operator of any vessel 
that is required to have transfer procedures under Sec. 155.720 to amend 
those procedures if the COTP or OCMI finds that the transfer procedures 
do not meet the requirements of this part.
    (b) The COTP or OCMI shall notify the vessel operator in writing of 
any inadequacies in the oil transfer procedures. The vessel operator may 
submit written information, views, and arguments on and proposals for 
amending the procedures within 14 days from the date of the COTP or OCMI 
notice. After considering all relevant material presented, the COTP or 
OCMI shall notify the vessel operator of any amendment required or 
adopted, or the COTP or OCMI may rescind the notice. The amendment 
becomes effective 30 days after the vessel operator receives the notice, 
unless the vessel operator petitions the Commandant to review the COTP 
or OCMI notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP or OCMI who issued the requirement to 
amend.
    (c) If the COTP or OCMI finds that there is a condition requiring 
immediate action to prevent the discharge or risk of discharge that 
makes the procedure in paragraph (b) of this section impractical or 
contrary to the public interest, he or she may issue an amendment 
effective on the date the vessel operator receives notice of it. In such 
a case, the COTP or OCMI includes a brief statement of the reasons for 
the findings in the notice, and the vessel operator may petition the 
Commandant, in any manner, to review the amendment. The petition does 
not postpone the amendment.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.770  Draining into bilges.

    No person may intentionally drain oil or hazardous material from any 
source into the bilge of a vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.775   Maximum cargo level of oil.

    (a) For the purposes of this section, ``oil'' has the same meaning 
as provided in Sec. 151.05 of this chapter.
    (b) A cargo tank on a tank vessel may not be filled with oil higher 
than--
    (1) 98.5 percent of the cargo tank volume; or
    (2) The level at which the overfill alarm required by Sec. 155.480 
is set.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 155.780  Emergency shutdown.

    (a) A tank vessel with a capacity of 250 or more barrels that is 
carrying oil or hazardous material as cargo must have on board an 
emergency means to enable the person in charge of a transfer operation 
to a facility, to another vessel, or within the vessel to stop the flow 
of oil or hazardous material.
    (b) The means to stop the flow may be a pump control, a quick-
acting, power actuated valve, or an operating procedure. If an emergency 
pump control is used, it must stop the flow of oil or hazardous material 
if the oil or hazardous material could siphon through the stopped pump.
    (c) The means to stop the flow must be operable from the cargo deck, 
cargo control room, or the usual operating station of the person in 
charge of the transfer operation.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.785  Communications.

    (a) During vessel to vessel transfers, each tank vessel with a 
capacity of 250 or more barrels of cargo that is carrying oil or 
hazardous material must have a means that enables continuous two-way 
voice communication between the persons in charge of the transfer 
operations on both vessels.

[[Page 376]]

    (b) Each vessel must have a means, which may be the communication 
system itself, that enables a person on board each vessel to effectively 
indicate his desire to use the means of communication required by 
paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions of weather.
    (d) Portable radio devices used to comply with paragraph (a) of this 
section during the transfer of flammable or combustible liquids must be 
intrinsically safe, as defined in 46 CFR 110.15-100(i), and meet Class 
I, Division I, Group D requirements as defined in 46 CFR 111.80.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as 
amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.790  Deck lighting.

    (a) A self-propelled vessel with a capacity of 250 or more barrels 
of oil or hazardous material that is conducting transfer operations 
between sunset and sunrise must have deck lighting that adequately 
illuminates--
    (1) Each transfer operations work area and each transfer connection 
point in use on the vessel; and
    (2) Each transfer operations work area and each transfer connection 
point in use on each barge, if any, moored to the vessel to or from 
which oil or hazardous material is being transferred;
    (b) Where the illumination is apparently inadequate the OCMI or COTP 
may require verification by instrument of the levels of illumination. On 
a horizontal plane 3 feet above the deck the illumination must measure 
at least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.800  Transfer hose.

    Hose used to transfer oil or hazardous material must meet the 
requirements of Sec. 154.500 of this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.805  Closure devices.

    (a) Each end of each transfer hose on board which is not connected 
for the transfer of oil or hazardous material must be blanked off with 
butterfly valves, wafer-type resilient seated valves, blank flanges, or 
other means acceptable to the COTP or OCMI.
    (b) New, unused hose is exempt from the requirement in paragraph (a) 
of this section.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.810  Tank vessel security.

    The vessel operator of each tank vessel that contains more oil than 
the normal clingage and unpumpable bilge or sump residues in any cargo 
tank shall maintain surveillance of that vessel by using a person who is 
responsible for the security of the vessel and for keeping unauthorized 
persons off the vessel.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980]



Sec. 155.815  Tank vessel integrity.

    (a) Except as provided in paragraph (b) of this section, a tank 
vessel underway or at anchor must have all closure mechanisms on the 
following openings properly closed:
    (1) Expansion trunk hatches;
    (2) Ullage openings;
    (3) Sounding ports;
    (4) Tank cleaning openings; and
    (5) Any other tank vessel openings that maintain the seaworthy 
condition of the tank vessel and prevent the inadvertent release of oil 
or hazardous material in the event of a tank vessel accident.
    (b) No person may open any of the closure mechanisms in paragraph 
(a) of this section while the tank vessel is underway or at anchor 
except when authorized and supervised by a licensed

[[Page 377]]

officer or the tankerman required by 46 CFR 31.15-5(a).

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.820  Records.

    The vessel operator shall keep a written record available for 
inspection by the COTP or OCMI of:
    (a) The name of each person currently designated as a person in 
charge of transfer operations.
    (b) The date and result of the most recent test and inspection of 
each item tested or inspected as required by Sec. 156.170 of this 
chapter;
    (c) The hose information required by Sec. 154.500(e) and (g) of this 
chapter unless that information is marked on the hose; and
    (d) The Declaration of Inspection as required by Sec. 156.150(f) of 
this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



                        Subpart D--Response Plans

    Source: CGD 91-034, 61 FR 1081, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1010  Purpose.

    The purpose of this subpart is to establish requirements for oil 
spill response plans for certain vessels. The planning criteria in this 
subpart are intended for use in response plan development and the 
identification of resources necessary to respond to the oil spill 
scenarios prescribed during the planning process. The development of a 
response plan prepares the vessel owner or operator and the vessel's 
crew to respond to an oil spill. The specific criteria for response 
resources and their arrival times are not performance standards. They 
are planning criteria based on a set of assumptions that may not exist 
during an actual oil spill incident.



Sec. 155.1015  Applicability.

    (a) Except as provided in paragraph (c) of this section, this 
subpart applies to each vessel that is constructed or adapted to carry, 
or that carries, oil in bulk as cargo or cargo residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil in a port or place subject to the jurisdiction of 
the United States.
    (b) This subpart also applies to vessels which engage in oil 
lightering operations in the marine environment beyond the baseline from 
which the territorial sea is measured, when the cargo lightered is 
destined for a port or place subject to the jurisdiction of the United 
States.
    (c) This subpart does not apply to the following types of vessels:
    (1) Public vessels and vessels deemed public vessels under 14 U.S.C. 
827.
    (2) Vessels that, although constructed or adapted to carry oil in 
bulk as cargo or cargo residue, are not storing or carrying oil in bulk 
as cargo or cargo residue.
    (3) Dedicated response vessels when conducting response operations.
    (4) Vessels of opportunity when conducting response operations in a 
response area.
    (5) Offshore supply vessels as defined in 46 U.S.C. 2101.
    (6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101 
of not more than 750 gross tons when engaged only in the fishing 
industry.
    (7) Foreign flag vessels engaged in innocent passage.
    (d) Vessels covered by this subpart that are not operating within 
the navigable waters or the exclusive economic zone of the United States 
must meet all requirements of this subpart except for--
    (1) Identifying and ensuring, through contract or other approved 
means, the availability of response resources including the shore-based 
spill management team;
    (2) Providing the geographic-specific appendices required in 
Sec. 155.1035, 155.1040, or 155.1045, as appropriate; and
    (3) Identifying and designating a qualified individual and alternate 
qualified individual required in Sec. 155.1026.

[[Page 378]]



Sec. 155.1020  Definitions.

    Except as otherwise defined in this section, the definitions in 
Sec. 155.110 apply to this subpart and subparts F and G of this part. 
For the purposes of this subpart only, the term:
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height, ice, temperature, weather-
related visibility, and currents within the Captain of the Port (COTP) 
zone in which the systems or equipment are intended to function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels of oil or 1 percent of the cargo from the vessel during cargo 
oil transfer operations to or from the vessel.
    Bulk means any volume of oil carried in an integral tank of the 
vessel and oil transferred to or from a marine portable tank or 
independent tank while on board a vessel.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, for coastal ports, the seaward extension of that zone to the 
outer boundary of the exclusive economic zone (EEZ).
    Cargo means oil that is transported to and off-loaded at a 
destination by a vessel. It does not include--
    (1) Oil carried in integral tanks, marine portable tanks, or 
independent tanks for use by machinery, helicopters, and boats carried 
aboard the vessel, or for use by helicopters that are directly 
supporting the vessel's primary operations; or
    (2) Oil transferred from a towing vessel to a vessel in its tow to 
operate installed machinery other than the propulsion plant.
    Contract or other approved means includes--
    (1) A written contractual agreement between a vessel owner or 
operator and an oil spill removal organization. The agreement must 
identify and ensure the availability of specified personnel and 
equipment required under this subpart within stipulated response times 
in the specified geographic areas;
    (2) Certification by the vessel owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the vessel owner or operator, and are 
available within stipulated response times in the specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and exercises; 
and
    (iv) Is referenced in the response plan; or
    (5) With the written consent of the oil spill removal organization, 
the identification of an oil spill removal organization with specified 
equipment and personnel which are available within stipulated response 
times in the specified geographic areas. This paragraph is an other 
approved means for only--
    (i) A vessel carrying oil as secondary cargo to meet the 
requirements under Sec. 155.1045(i)(3);
    (ii) A barge operating on rivers and canals to meet the requirements 
for lightering capability under Secs. 155.1050(l), 155.1052(g), 
155.1230(g), and 155.2230(g);
    (iii) A vessel to meet the salvage and firefighting requirements in 
Secs. 155.1050(k), 155.1052(f), 155.1230(f), and 155.2230(f); and
    (iv) A vessel to meet the resource requirements in Sec. 155.1052(c), 
155.1230(c), and 155.2230(c).

[[Page 379]]

    Dedicated response vessel means a vessel of which the service is 
limited exclusively to oil and hazardous substance spill response-
related activities, including spill recovery and transport, tanker 
escorting, deployment of spill response equipment, supplies, and 
personnel, and spill response-related training, testing, exercises, and 
research.
    Exclusive economic zone means the zone contiguous to the territorial 
sea of United States extending to a distance up to 200 nautical miles 
from the baseline from which the breadth of the territorial sea is 
measured.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Higher volume port area means the following areas, including any 
water area within 50 nautical miles seaward of the entrance(s) to the 
specified port:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA. 
Note: Vessels destined for, departing from, or offloading at the 
Louisiana Offshore Oil Port are not considered to be operating in this 
higher volume port area.
    (7) Lake Charles, LA.
    (8) Sabine-Neches River, TX.
    (9) Galveston Bay and Houston Ship Channel, TX.
    (10) Corpus Christi, TX.
    (11) Los Angeles/Long Beach Harbor, CA.
    (12) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA.
    (13) Strait of Juan De Fuca at Port Angeles, WA to and including 
Puget Sound, WA.
    (14) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) as defined in 
Secs. 80.740 through 80.850 of this chapter. The inland area does not 
include the Great Lakes.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the Coast Guard.
    Maximum most probable discharge means a discharge of--
    (1) 2,500 barrels of oil for vessels with an oil cargo capacity 
equal to or greater than 25,000 barrels; or
    (2) 10% of the vessel's oil cargo capacity for vessels with a 
capacity of less than 25,000 barrels.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, a nearshore area is one extending seaward 12 
miles from the line of demarcation (COLREG lines) as defined in 
Secs. 80.740 through 80.850 of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50% of which by volume, distill at a temperature of 340 
degrees C (645 degrees F); and
    (2) At least 95% of which by volume, distill at a temperature of 370 
degrees C (700 degrees F).
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fats and vegetable oils.
    Ocean means the open ocean, offshore area, and nearshore area as 
defined in this subpart.
    Offshore area means the area up to 38 nautical miles seaward of the 
outer boundary of the nearshore area.
    Oil field waste means non-pumpable drilling fluids with possible 
trace amounts of metal and oil.
    Oil spill removal organization means an entity that provides 
response resources.
    On-scene coordinator or OSC means the Federal official predesignated 
by the Coast Guard or Environmental Protection Agency to coordinate and 
direct Federal removal efforts at the scene of an oil or hazardous 
substance discharge as prescribed in the National

[[Page 380]]

Oil and Hazardous Substances Pollution Contingency Plan (National 
Contingency Plan) as published in 40 CFR part 300.
    Open ocean means the area from 38 nautical miles seaward of the 
outer boundary of the nearshore area, to the seaward boundary of the 
exclusive economic zone.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart, including ensuring the availability 
of the response resources by contract or other approved means and 
conducting the necessary training and exercises.
    Operator means person who is an owner, a demise charterer, or other 
contractor, who conducts the operation of, or who is responsible for the 
operation of a vessel. For the purposes of this subpart only, the 
operator of a towing vessel is not, per se, considered the operator of a 
vessel being towed.
    Other non-petroleum oil means an oil of any kind that is not a 
petroleum oil, an animal fat, or a vegetable oil.
    Owner or vessel owner means any person holding legal or equitable 
title to a vessel; provided, however, that a person holding legal or 
equitable title to a vessel solely as security is not the owner. In a 
case where a Certificate of Documentation has been issued, the owner is 
the person or persons whose name or names appear on the vessel's 
Certificate of Documentation provided, however, that where a Certificate 
of Documentation has been issued in the name of a president or secretary 
of an incorporated company, such incorporated company is the owner.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Petroleum oil means petroleum in any form including crude oil, fuel 
oil, mineral oil, sludge, oil refuse, and refined products.
    Qualified individual and alternate qualified individual means a 
shore-based representative of a vessel owner or operator who meets the 
requirements of 33 CFR 155.1026.
    Response activity means the containment and removal of oil from the 
water and shorelines, the temporary storage and disposal of recovered 
oil, or the taking of other actions as necessary to minimize or mitigate 
damage to public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals mean bodies of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that have a project depth of 12 
feet or less.
    Secondary Cargo (see Vessels Carrying Oil as a Secondary Cargo)
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 degrees C (60 degrees F) to the mass of an equal volume of 
pure water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of such a discharge means any incident involving 
a vessel that may create a significant risk of discharge of cargo oil. 
Such incidents include, but are not limited to, groundings, strandings, 
collisions, hull damage, fire, explosion, loss of propulsion, flooding, 
on-deck spills, or other similar occurrences.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene. Appendix B of 
this part, especially Tables 5 and 6, provide specific guidance on 
calculating the response resources required by each tier. Sections 
155.1050(g), 155.1135, 155.1230(d), and 155.2230(d) set forth the 
required

[[Page 381]]

times within which the response resources must arrive on scene. Tiers 
are applied in three categories:
    (1) Higher volume port areas;
    (2) The Great Lakes; and
    (3) All other operating environments, including rivers and canals, 
inland, nearshore, and offshore areas.
    Vegetable oil means a non-petroleum oil or fat not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels or fruits.
    Vessel of opportunity means a vessel engaged in spill response 
activities that is normally and substantially involved in activities 
other than spill response and not a vessel carrying oil as a primary 
cargo.
    Vessels carrying oil as a primary cargo means all vessels except 
dedicated response vessels carrying oil in bulk as cargo or cargo 
residue that have a Certificate of Inspection issued under 46 CFR 
Chapter I, subchapter D.
    Vessels carrying oil as a secondary cargo means vessels, other than 
vessels carrying oil as a primary cargo, carrying oil in bulk as cargo 
or cargo residue pursuant to a permit issued under 46 CFR 30.01-5, 
70.05-30, or 90.05-35, an International Oil Pollution Prevention (IOPP) 
or Noxious Liquid Substance (NLS) certificate required by 33 CFR 
Secs. 151.33 or 151.35; or any uninspected vessel that carries oil in 
bulk as cargo or cargo residue.
    Worst case discharge means a discharge in adverse weather conditions 
of a vessel's entire oil cargo.



Sec. 155.1025  Operating restrictions and interim operating authorization.

    (a) Vessels subject to this subpart may not perform the following 
functions, unless operating in compliance with a plan approved under 
Sec. 155.1065:
    (1) Handling, storing, or transporting oil on the navigable waters 
of the United States; or
    (2) Transferring oil in any other port or place subject to U.S. 
jurisdiction.
    (b) Vessels subject to this subpart may not transfer oil in a port 
or place subject to the jurisdiction of the United States, where the oil 
to be transferred was received from another vessel subject to this 
subpart during a lightering operation referred to in Sec. 155.1015(b), 
unless both vessels engaged in the lightering operation were operating 
at the time in compliance with a plan approved under Sec. 155.1065.
    (c)(1) Notwithstanding the requirements of paragraph (a) of this 
section, a vessel may continue to handle, store, transport, transfer, or 
lighter oil for 2 years after the date of submission of a response plan 
pending approval of that plan, if the vessel owner or operator has 
received written authorization for continued operations from the Coast 
Guard.
    (2) To receive this authorization, the vessel owner or operator must 
certify in writing to the Coast Guard that the owner or operator has 
identified and ensured the availability of, through contract or other 
approved means, the necessary private response resources to respond, to 
the maximum extent practicable, to a worst case discharge or substantial 
threat of such a discharge from their vessel as described in 
Secs. 155.1050, 155.1052, 155.1230, or 155.2230, as appropriate.
    (d) With respect to paragraph (b) of this section, a vessel may not 
continue to handle, store, transport, transfer, or lighter oil if--
    (1) The Coast Guard determines that the response resources 
identified in the vessel's certification statement do not meet the 
requirements of this subpart;
    (2) The contracts or agreements cited in the vessel's certification 
statement are no longer valid;
    (3) The vessel is not operating in compliance with the submitted 
plan; or
    (4) The period of this authorization expires.
    (e) An owner or operator of a vessel may be authorized by the 
applicable COTP to have that vessel make one voyage to transport or 
handle oil in a geographic specific area not covered by the vessel's 
response plan. All requirements of this subpart must be met for any 
subsequent voyages to that geographic specific area. To be authorized, 
the vessel owner or operator shall certify to the COTP in writing, prior 
to the vessel's entry into the COTP zone, that--
    (1) A response plan meeting the requirements of this subpart (except 
for the applicable geographic specific appendix) or a shipboard oil 
pollution

[[Page 382]]

emergency plan approved by the flag state that meets the requirements of 
Regulation 26 of Annex I to the International Convention for the 
Prevention of Pollution from Ships, 1973 as modified by the Protocol of 
1978 relating thereto, as amended (MARPOL 73/78) which is available from 
the National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161;
    (2) The approved response plan or the required plan section(s) is 
aboard the vessel;
    (3) The vessel owner or operator has identified and informed the 
vessel master and the COTP of the designated qualified individual prior 
to the vessel's entry into the COTP zone; and
    (4) The vessel owner or operator has identified and ensured the 
availability of, through contract or other approved means, the private 
response resources necessary to respond, to the maximum extent 
practicable under the criteria in Secs. 155.1050, 155.1052, 155.1230, or 
155.2230, as appropriate, to a worst case discharge or substantial 
threat of discharge from the vessel in the applicable COTP zone.



Sec. 155.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate qualified individual must be available 
on a 24-hour basis.
    (b) The qualified individual and alternate must--
    (1) Speak fluent English;
    (2) Except as set out in paragraph (c) of this section, be located 
in the United States;
    (3) Be familiar with the implementation of the vessel response plan; 
and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) For Canadian flag vessels while operating on the Great Lakes or 
the Strait of Juan de Fuca and Puget Sound, WA, the qualified individual 
may be located in Canada if he or she meets all other requirements in 
paragraph (b) of this section.
    (d) The owner operator shall provide each qualified individual and 
alternate qualified individual identified in the plan with a document 
designating them as a qualified individual and specifying their full 
authority to--
    (1) Activate and engage in contracting with oil spill removal 
organization(s) and other response related resources identified in the 
plan;
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OCS); and
    (3) Obligate funds required to carry out response activities.
    (e) The owner or operator of a vessel may designate an organization 
to fulfill the role of the qualified individual and alternate qualified 
individual. The organization must then identify a qualified individual 
and at least one alternate qualified individual who meet the 
requirements of this section. The vessel owner or operator is required 
to list in the response plan the organization, the person identified as 
the qualified individual, and the person or persons identified as the 
alternate qualified individual(s).
    (f) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the full authority contained in their designation from the owner or 
operator of the vessel.
    (g) The liability of a qualified individual is considered to be in 
accordance with the provisions of 33 U.S.C. 1321(c)(4).



Sec. 155.1030  General response plan requirements.

    (a) The plan must cover all geographic areas of the United States in 
which the vessel intends to handle, store, or transport oil, including 
port areas and offshore transit areas.
    (b) The plan must be written in English and, if applicable, in a 
language that is understood by the crew members with responsibilities 
under the plan.
    (c) A vessel response plan must be divided into the following 
sections:
    (1) General information and introduction.
    (2) Notification procedures.
    (3) Shipboard spill mitigation procedures.

[[Page 383]]

    (4) Shore-based response activities.
    (5) List of contacts.
    (6) Training procedures.
    (7) Exercise procedures.
    (8) Plan review and update procedures.
    (9) On board notification checklist and emergency procedures 
(unmanned tank barges only).
    (10) Geographic-specific appendix for each COTP zone in which the 
vessel or vessels operate.
    (11) An appendix for vessel-specific information for the vessel or 
vessels covered by the plan.
    (d) A vessel owner or operator with multiple vessels may submit one 
plan for each class of vessel (i.e., manned vessels carrying oil as 
primary cargo, unmanned vessels carrying oil as primary cargo, and 
vessels carrying oil as secondary cargo) with a separate vessel-specific 
appendix for each vessel covered by the plan and a separate geographic-
specific appendix for each COTP zone in which the vessel(s) will 
operate.
    (e) The required contents for each section of the plan are contained 
in Secs. 155.1035, 155.1040, and 155.1045, as applicable to the type or 
service of the vessel.
    (f) The response plan for a barge carrying nonhazardous oil field 
waste may follow the same format as that for a vessel carrying oil as a 
secondary cargo under Sec. 155.1045 in lieu of the plan required under 
Sec. 155.1035 or Sec. 155.1040.
    (g) A response plan must be divided into the sections described in 
paragraph (c) of this section unless the plan is supplemented with a 
cross-reference table to identify the location of the information 
required by this subpart.
    (h) The information contained in a response plan must be consistent 
with the--
    (1) National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in effect 
on the date 6 months prior to the submission date of the response plan; 
or
    (2) More recent NCP and ACP(s).
    (i) Copies of the submitted and approved response plan must be 
available as follows:
    (1) The owner or operator of all vessels, except for unmanned tank 
barges, shall ensure that one English language copy of the plan sections 
listed in paragraph (c) (1), (2), (3), (5), (10) and (11) of this 
section and the Coast Guard approval letter or notarized copy of the 
approval letter are maintained aboard the vessel. If applicable, 
additional copies of the required plan sections must be in the language 
understood by crew members with responsibilities under the plan and 
maintained aboard the vessel.
    (2) The owner or operator of all unmanned tank barges shall ensure 
that one English language copy of the plan section listed in paragraph 
(c)(9) of this section and the Coast Guard approval letter or notarized 
copy of the approval letter are maintained aboard the barge.
    (3) The vessel owner or operator shall maintain a current copy of 
the entire plan, and ensure that each person identified as a qualified 
individual and alternate qualified individual in the plan has a current 
copy of the entire plan.
    (j) If an owner or operator of a United States flag vessel informs 
the Coast Guard in writing at the time of the plan submission according 
to the procedures of Sec. 155.1065, the owner or operator may address 
the provisions of Regulation 26 of MARPOL 73/78 if the owner or 
operator--
    (1) Develops a vessel response plan under Sec. 155.1030 and 
Secs. 155.1035, 155.1040, or 155.1045, as applicable;
    (2) Expands the plan to cover discharges of all oils defined under 
MARPOL, including fuel oil (bunker) carried on board. The owner or 
operator is not required to include these additional oils in calculating 
the planning volumes that are used to determine the quantity of response 
resources that the owner or operator must ensure through contract or 
other approved means;
    (3) Provides the information on authorities or persons to be 
contacted in the event of an oil pollution incident as required by 
Regulation 26 of MARPOL 73/78. This information must include--
    (i) An appendix containing coastal State contacts for those coastal 
States the exclusive economic zone of which the vessel regularly 
transits. The appendix should list those agencies or officials of 
administrations responsible

[[Page 384]]

for receiving and processing pollution incident reports; and
    (ii) An appendix of port contacts for those ports at which the 
vessel regularly calls; and
    (4) Expands the plan to include the procedures and point of contact 
on the ship for coordinating shipboard activities with national and 
local authorities in combating an oil spill incident. The plan should 
address the need to contact the coastal State to advise them of 
action(s) being implemented and determine what authorization(s), if any, 
are needed.
    (5) Provides a cross reference section to identify the location of 
the information required by Sec. 155.1030(j).
    (k) A vessel carrying oil as a secondary cargo may comply with the 
requirements of Sec. 155.1045 by having a response plan approved under 
Regulation 26 of MARPOL 73/78 with the addition of the following--
    (1) Identification of the qualified individual and alternate that 
meets the requirements of Sec. 155.1026;
    (2) A geographic specific appendix meeting the requirements of 
Sec. 155.1045(i), including the identification of a contracted oil spill 
removal organization;
    (3) Identification of a spill management team;
    (4) An appendix containing the training procedures required by 
155.1045(f); and
    (5) An appendix containing the exercise procedures required by 
155.1045(g).
    (l) For plans submitted prior to the effective date of this final 
rule, the owner or operator of each vessel may elect to comply with any 
or all of the provisions of this final rule by amending or revising the 
appropriate section of the previously submitted plan.



Sec. 155.1035  Response plan requirements for manned vessels carrying oil as a primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and International Maritime Organization (IMO) international 
number (if applicable). If the plan covers multiple vessels, this 
information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the vessel intends to handle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone or other 
contact numbers, in order of priority to be made by shipboard or shore-
based personnel and the information required for those notifications. 
Notifications must include those required by--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to vessel location, the persons to be notified also must be identified 
in a geographic-specific appendix. This section must separately 
identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual(s) 
designated by the vessel's owner or operator.
    (4) Descriptions of the primary and, if available, secondary 
communications methods by which the notifications will be made that 
should be consistent with the regulations in Sec. 155.1035(b)(1).
    (5) The information that is to be provided in the initial and any 
follow up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for

[[Page 385]]

Ship Reporting Systems and Ship Reporting Requirements'' which is 
available through COMDT G-MSO-4, U.S. Coast Guard Headquarters, 2100 
Second Street SW., Washington, DC 20593-0001. It must include at least 
the following information:
    (A) Vessel name, country of registry, call sign, and official number 
(if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage (e.g. 
grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the ship.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the vessel's crew to shore-based personnel 
to facilitate the assessment of damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures for the crew to mitigate or prevent any discharge or 
a substantial threat of such discharge of oil resulting from shipboard 
operational activities associated with internal or external cargo 
transfers. Responsibilities of vessel personnel should be identified by 
job title. These procedures must address personnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the crew to mitigate or 
prevent any discharge or a substantial threat of such a discharge in the 
event of the following casualties or emergencies:
    (i) Grounding or stranding.
    (ii) Collision.
    (iii) Explosion or fire, or both.
    (iv) Hull failure.
    (v) Excessive list.
    (vi) Equipment failure (e.g. main propulsion, steering gear, etc.);
    (3) Procedures for the crew to deploy discharge removal equipment as 
required under subpart B of this part;
    (4) The procedures for internal transfers of cargo in an emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The format and content of the ship-to-ship transfer procedures 
must be consistent with the Ship to Ship Transfer Guide (Petroleum) 
published jointly by the International Chamber of Shipping and the Oil 
Companies International marine Forum (OCIMF).
    (ii) The procedures must identify the response resources necessary 
to carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment;
    (D) Lightering and mooring masters (ship-to-ship only); and
    (E) Vessel and barge brokers (ship-to-ship only).

[[Page 386]]

    (iii) Reference can be made to a separate oil transfer procedure and 
lightering plan carried aboard the vessel, provided that safety 
considerations are summarized in the response plan.
    (iv) The location of all equipment and fittings, if any, carried 
aboard the vessel to perform such transfers must be identified;
    (6) The procedures and arrangements for emergency towing, including 
the rigging and operation of any emergency towing equipment, including 
that required by subpart B of this part, aboard the vessel;
    (7) The location, crew responsibilities, and procedures for use of 
shipboard equipment which may be carried to mitigate an oil discharge;
    (8) The crew responsibilities, if any, for recordkeeping and 
sampling of spilled oil. Any requirements for sampling must address 
safety procedures to be followed by the crew;
    (9) The crew's responsibilities, if any, to initiate a response and 
supervise shore-based response resources;
    (10) Damage stability and hull stress considerations when performing 
shipboard mitigation measures. This section must identify and describe--
    (i) Activities in which the crew is trained and qualified to execute 
absent shore-based support or advice; and
    (ii) The information to be collected by the vessel's crew to 
facilitate shore-based assistance; and
    (11)(i) Location of vessel plans necessary to perform salvage, 
stability, and hull stress assessments. A copy of these plans must be 
maintained ashore by either the vessel owner or operator or the vessel's 
recognized classification society unless the vessel has prearranged for 
a shore-based damage stability and residual strength calculation program 
with the vessel's baseline strength and stability characteristics pre-
entered. The response plan must indicate the shore location and 24-hour 
access procedures of the calculation program or the following plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets.
    (D) Tank tables.
    (E) Load line assignment.
    (F) Light ship characteristics.
    (ii) The plan must identify the shore location and 24-hour access 
procedures for the computerized, shore-based damage stability and 
residual structural strength calculation programs required by 
Sec. 155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator or qualified individual with the predesignated Federal on-
scene coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section of the response plan or, if more appropriate, 
in a geographic-specific appendix and referenced in this section of the 
response plan:
    (1) Vessel owner or operator.

[[Page 387]]

    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.
    (3) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (4) The vessel's local agent(s) for the vessel's area of operation.
    (5) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the three 
spill scenarios identified in paragraph (i)(5) of this section for the 
vessel's area of operation.
    (6) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Sec. 155.1050(l), 
Sec. 155.1052(g), Sec. 155.1230(g), or Sec. 155.2230(g), as applicable 
to the type of service of the vessel; and
    (ii) The required salvage and firefighting required by 
Sec. 155.1050(k), Sec. 155.1052(e), Sec. 155.1230(e), and 
Sec. 155.2230(e), as applicable to the type of service of the vessel.
    (7) Person(s) to notify for activation of the spill management team 
for the spill response scenarios identified in paragraph (i)(5) of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response plan must 
address the training procedures and programs of the vessel owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program to be carried out by the vessel owner or 
operator to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:
    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the vessel intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means, and the spill management team to respond to the following spill 
scenarios:
    (i) Average most probable discharge.
    (ii) Maximum most probable discharge.
    (iii) Worst case discharge.
    (6) The organization(s) identified to meet the requirements of 
paragraph (i)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the requirements of 
Secs. 155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and 
sources of trained personnel to continue operation of the equipment and 
staff the oil spill removal organization(s) and spill management team 
identified for the first 7 days of the response.
    (7) The appendix must list the response resources and related 
information required under Secs. 155.1050, 155.1052, 155.1230, 155.2230, 
and Appendix B of this part, as appropriate.
    (8) If an oil spill removal organization(s) has been evaluated by 
the Coast Guard and their capability has been determined to equal or 
exceed the response capability needed by the vessel, the appendix may 
identify only the organization and their applicable classification and 
not the information required in paragraph (i)(7) of this section.
    (9) The appendix must also separately list the companies identified 
to provide the salvage, vessel firefighting, lightering, and if 
applicable, dispersant capabilities required in this subpart.

[[Page 388]]

    (j) Appendices for vessel-specific information. This section must 
include for each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics.
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) General arrangement plan (can be maintained separately aboard 
the vessel providing the response plan identifies the location).
    (6) Midships section plan (can be maintained separately aboard the 
vessel providing the response plan identifies the location).
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable 
(can be maintained separately aboard the vessel providing the response 
plan identifies the location).
    (8) Damage stability data (can be maintained separately providing 
the response plan identifies the location).
    (9) Location of cargo and fuel stowage plan for vessel (normally 
maintained separately aboard the vessel).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 155.1040  Response plan requirements for unmanned tank barges carrying oil as a primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) A list of tank barges covered by the plan, which must include 
the country of registry, call sign, IMO international numbers (if 
applicable), and official numbers of the listed tank barges;
    (2) The name, address, and procedures for contacting the barge's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the tank barges covered by the 
plan intend to handle, store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page used to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications. The checklist must include 
notifications required by MARPOL 73/78, 33 CFR part 153, and any 
applicable State, including telephone or other contact numbers, in the 
order of priority and the information required for those notifications 
to be made by the--
    (i) Towing vessel;
    (ii) Vessel owner or operator; or
    (iii) Qualified individual.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to the location of the barge, the persons to be notified also must be 
identified in a geographic-specific appendix. This section must 
separately identify--
    (i) The individual(s) or organization(s) to be notified by the 
towing vessel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individuals 
designated by the barge's owner or operator.
    (4) Identification of the primary and, if available, secondary 
communications methods by which the notifications will be made, 
consistent with the requirements of paragraph (b)(1) of this section.
    (5) The information that is to be provided in the initial and any 
follow-up notifications required by paragraph (b)(1) of this section.

[[Page 389]]

    (i) The initial notification information must include at least the 
following information:
    (A) Towing vessel name (if applicable);
    (B) Tank barge name, country of registry, and official number;
    (C) Date and time of the incident;
    (D) Location of the incident;
    (E) Course, speed, and intended track of towing vessel (if 
applicable);
    (F) Radio station(s) frequencies guarded by towing vessel (if 
applicable);
    (G) Date and time of next report;
    (H) Type and quantity of oil on board;
    (I) Nature and details of defects, deficiencies, and damage (e.g., 
grounding, collision, hull failure, etc.);
    (J) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (K) Weather and sea conditions on scene;
    (L) Barge size and type;
    (M) Actions taken or planned by persons on scene;
    (N) Current condition of the barge; and
    (O) Details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional detail on the type of cargo on board;
    (B) Additional details on the condition of the barge and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the vessel.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the towing vessel personnel or tankermen, 
as applicable, to shore-based personnel to facilitate the assessment of 
damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures to be followed by the tankerman, as defined in 46 CFR 
35.35-1, to mitigate or prevent any discharge or a substantial threat of 
such a discharge of oil resulting from operational activities and 
casualties. These procedures must address personnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the towing vessel or 
barge owner or operator to mitigate or prevent any discharge or a 
substantial threat of such a discharge of oil in the event of the 
following casualties or emergencies:
    (i) Grounding or stranding;
    (ii) Collision;
    (iii) Explosion or fire, or both;
    (iv) Hull failure;
    (v) Excessive list; and
    (3) Procedures for tankermen or towing vessel crew to employ 
discharge removal equipment required by subpart B of this part;
    (4) The procedures for the internal transfer of cargo in an 
emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The procedures must identify the response resources necessary to 
carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment; and
    (D) Lightering vessels (ship-to-ship only).
    (ii) Reference can be made to separate oil transfer procedures or a 
lightering plan provided that safety considerations are summarized in 
the response plan.
    (iii) The location of all equipment and fittings, if any, to perform 
such transfers must be identified;
    (6) The procedures and arrangements for emergency towing, including 
the

[[Page 390]]

rigging and operation of any emergency towing equipment, including that 
required by subpart B of this part aboard the barge;
    (7) The location and procedures for use of equipment stowed aboard 
either the barge or towing vessel to mitigate an oil discharge;
    (8) The responsibilities of the towing vessel crew and facility or 
fleeting area personnel, if any, to initiate a response and supervise 
shore-based response resources;
    (9) Damage stability, if applicable, and hull stress considerations 
when performing on board mitigation measures. This section must identify 
and describe--
    (i) Activities in which the towing vessel crew or tankerman is 
trained and qualified to execute absent shore-based support or advice;
    (ii) The individuals who shall be notified of a casualty potentially 
affecting the seaworthiness of the barge; and
    (iii) The information that must be provided by the towing vessel to 
facilitate the assessment of damage stability and stress; and
    (10)(i) Location of barge plans necessary to perform salvage, 
stability, and hull stress assessments. A copy of these barge plans must 
be maintained ashore by either the barge owner or operator or the 
vessel's recognized classification society. The response plan must 
indicate the shore location and 24-hour access procedures of the 
following plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets, as available.
    (D) Tank tables; and
    (ii) Plans for offshore oil barges must identify the shore location 
and 24-hour access procedures for the computerized shore-based damage 
stability and residual structural strength calculation programs required 
by Sec. 155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from towing vessel personnel or 
tankermen to the shore-based spill management team.
    (3) The procedures for coordinating the actions of the barge owner 
or operator of qualified individual with the action of the predesignated 
Federal on-scene coordinator responsible for overseeing or directing 
those actions.
    (4) The organizational structure that will manage the barge owner or 
operator's response actions. This structure must include the following 
functional areas and must further include information for key components 
within each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Barge owner or operator.
    (2) Qualified individual and alternate qualified individual for the 
tank barge's area of operation.
    (3) Applicable insurance representatives or surveyors for the 
barge's area(s) of operation.
    (4) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the spill 
scenarios identified in paragraph (j)(5) of this section for the 
barges's area(s) of operation.
    (5) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Secs. 155.1050(l), 
155.1052(g), 155.1230(g), and 155.2230(g), as applicable

[[Page 391]]

to the type of service of the barge(s); and
    (ii) The required salvage and fire fighting required by 
Secs. 155.1050(k), 155.1052(e), 155.1230(e), and 155.2230(e), as 
applicable to the type of service of the barge(s).
    (6) Person(s) to notify for activation of the spill management team 
for the spill response scenarios identified in paragraph (j)(5) of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response plan must 
address the training procedures and programs of the barge owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the barge owner or operator 
to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revisions amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the barge owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) On board notification checklist and emergency procedures. This 
portion of the response plan must be maintained in the documentation 
container aboard the unmanned barge. The owner or operator of an 
unmanned tank barge subject to this section shall provide the personnel 
of the towing vessel, fleeting area, or facility that the barge may be 
moored at with the information required by this paragraph and the 
responsibilities that the plan indicates will be carried out by these 
personnel. The on board notification checklist and emergency procedures 
must include--
    (1) The toll-free number of the National Response Center;
    (2) The name and procedures for contacting a primary qualified 
individual and at least one alternate on a 24-hour basis;
    (3) The name, address, and procedure for contacting the vessel's 
owner or operator on a 24-hour basis;
    (4) The list of information to be provided in the notification by 
the reporting personnel;
    (5) A statement of responsibilities of and actions to be taken by 
reporting personnel after an oil discharge or substantial threat of such 
discharge; and
    (6) The information contained in paragraph (c)(1) of this section.
    (j) Geographic-specific appendices for each COTP zone in which a 
tank barge operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:
    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the barge intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which the barge operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means and the spill management team to provide the response resources 
necessary to respond to the following spill scenarios:
    (i) An average most probable discharge.
    (ii) A maximum most probable discharge.
    (iii) A worst case discharge to the maximum extent practicable.
    (6) The organization(s) identified to meet the provisions of 
paragraph (j)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the provisions of 
Secs. 155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and 
sources of trained personnel to continue operation of the equipment and 
staff the oil spill removal organization(s) and spill management team 
identified for the first seven days of the response.
    (7) The appendix must list the response resources and related 
information required under Secs. 155.1050, 155.1052,

[[Page 392]]

155.1230, 155.2230, and Appendix B of this part, as appropriate.
    (8) If the oil spill removal organization(s) providing the necessary 
response resources has been evaluated by the Coast Guard and their 
capability has been determined to equal or exceed the response 
capability needed by the vessel, the appendix may identify only the 
organization and their applicable classification and not the information 
required in paragraph (j)(7) of this section.
    (9) The appendix must also separately list the companies identified 
to provide the salvage, barge firefighting, lightering, and if 
applicable, dispersant capabilities required in this subpart.
    (k) Appendices for barge-specific information. Because many of the 
tank barges covered by a response plan may be of the same design, this 
information does not need to be repeated provided the plan identifies 
the tank barges to which the same information would apply. The 
information must be part of the response plan unless specifically noted. 
This section must include for each barge covered by the plan the 
following information:
    (1) List of the principal characteristics of the vessel.
    (2) Capacities of all cargo, fuel, lube oil, and ballast tanks.
    (3) The total volumes and cargo group(s) of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks aboard the barge.
    (5) General arrangement plan (can be maintained separately providing 
that the location is identified).
    (6) Midships section plan (can be maintained separately providing 
that the location is identified).
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable 
(can be maintained separately providing that the location is 
identified).
    (8) Damage stability data, if applicable.
    (9) Location of cargo and fuel stowage plan for barge(s) (normally 
maintained separately).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the barge. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.



Sec. 155.1045  Response plan requirements for vessels carrying oil as a secondary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and IMO international number (if applicable). If the plan covers 
multiple vessels, this information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner or operator on a 24-hour basis;
    (3) A list of COTP zones in which the vessel intends to handle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page used to record information on plan 
updates or revisions.
    (6) As required in paragraph (c) of this section, the vessel owner 
or operator must list in his or her plan the total volume of oil carried 
in bulk as cargo.
    (i) For vessels that transfer a portion of their fuel as cargo, 25 
percent of the fuel capacity of the vessel plus the capacity of any oil 
cargo tank(s) will be assumed to be the cargo volume for determining 
applicable response plan requirements unless the vessel owner or 
operator indicates otherwise.
    (ii) A vessel owner or operator can use a volume less than 25 
percent if he or she submits historical data with the plan that 
substantiates the transfer of a lower percentage of its fuel capacity 
between refuelings.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:

[[Page 393]]

    (1) A checklist with all notifications, including telephone or other 
contact numbers, in the order of priority to be made by shipboard or 
shore-based personnel and the information required for those 
notifications. Notifications must include those required by--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of discharge of oil. If notifications vary due to 
vessel location, the person(s) to be notified also must be identified in 
a geographic-specific appendix. This section must separately identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual and 
alternate qualified individual.
    (4) Descriptions of the primary and, if available, secondary 
communication methods by which the notifications will be made, 
consistent with the requirements in paragraph (b)(1) of this section.
    (5) The information that is to be provided in the initial and any 
follow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for Ship Reporting Systems and 
Ship Reporting Requirements.'' It must include at least the following 
information:
    (A) Vessel name, country of registry, call sign, IMO international 
number (if applicable), and official number (if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage (e.g., 
grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the ship.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must identify the vessel's total volumes of oil carried in 
bulk as cargo and meet the applicable requirements of this paragraph as 
in paragraph (a)(6) of this section.
    (1) For vessels carrying 100 barrels or less of oil in bulk as 
cargo, the plan must include a basic emergency action checklist for 
vessel personnel including notification and actions to be taken to 
prevent or mitigate any discharge or substantial threat of such a 
discharge of oil from the vessel.
    (2) For vessels carrying over 100 barrels of oil but not exceeding 
5,000 barrels of oil in bulk as cargo, the plan must include--
    (i) Detailed information on actions to be taken by vessel personnel 
to prevent

[[Page 394]]

or mitigate any discharge or substantial threat of such a discharge of 
oil from the vessel due to operational activities or casualties;
    (ii) Detailed information on damage control procedures to be 
followed by vessel personnel;
    (iii) Detailed procedures for internal or external transfer of oil 
in bulk as cargo in an emergency; and
    (iv) Procedures for use of any equipment carried aboard the vessel 
for spill mitigation.
    (3) For vessels carrying over 5,000 barrels of oil as a secondary 
cargo, the plan must provide the information required by 
Sec. 155.1035(c) for shipboard spill mitigation procedures.
    (4) For all vessels, the plan must include responsibilities and 
actions to be taken by vessel personnel, if any, to initiate a response 
and supervise shore-based response resources.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator with the actions of the predesignated Federal on-scene 
coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities, duties, and functional job description for 
each oil spill management team member within the organizational 
structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals or organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Vessel owner or operator, and if applicable, charterer.
    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.
    (3) Vessel's local agent(s), if applicable, for the vessel's area of 
operation.
    (4) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (5) Person(s) within the identified oil spill removal 
organization(s) to notify for activation of the oil spill removal 
organization(s) identified under paragraph (i)(3) of this section for 
the vessel's area of operation.
    (6) Person(s) to notify for activation of the spill management team.
    (f) Training procedures. (1) This section of the response plan must 
address the training procedures and programs of the vessel owner or 
operator. The vessel owner or operator shall ensure that--
    (i) All personnel with responsibilities under the plan receive 
training in their assignments and refresher training as necessary, and 
participate in exercises required under paragraph (g) of this section. 
Documented work experience can be used instead of training; and
    (ii) Records of this training are maintained aboard the vessel, at 
the U.S. location of the spill management team, or with the qualified 
individual. The plan must specify where the records are located.
    (2) Nothing in this section relieves the vessel owner or operator 
from responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.

[[Page 395]]

    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the vessel owner or operator 
to evaluate the ability of vessel and shore-based personnel to perform 
their identified functions in the plan. The required exercise frequency 
for each category of vessel is as follows:
    (1) For vessels carrying 100 barrels or less of oil as cargo--
    (i) On board spill mitigation procedures and qualified individual 
notification exercises must be conducted annually; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted biennially.
    (2) For vessels carrying over 100 barrels and up to 5,000 barrels of 
oil in bulk as cargo--
    (i) On board emergency procedures and qualified individual 
notification exercises must be conducted quarterly; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted annually.
    (3) Vessels carrying over 5,000 barrels of oil in bulk as cargo must 
meet the exercise requirement of Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedures. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirement of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendix must include the following 
information or identify the location of such information within the 
plan:
    (1) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (2) Identification of the qualified individuals.
    (3) A list of the oil spill removal organization(s) and the spill 
management team(s) available to respond to the vessel's worst case oil 
discharge in each COTP zone in which a vessel operates. The oil spill 
removal organization(s) identified must be capable of commencing oil 
spill containment and on-water recovery within the response times listed 
for Tier 1 in Sec. 155.1050(g); providing temporary storage of recovered 
oil; and conducting shoreline protection and cleanup operations. An oil 
spill removal organization may not be identified in the plan unless the 
organization has provided written consent to being identified in the 
plan as an available resource.
    (j) Appendices for vessel-specific information. This section must 
include for each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics (i.e., length, 
beam, gross tonnage, etc.).
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) Cargo and fuel piping diagrams and pumping plan as applicable. 
These diagrams and plans can be maintained separately aboard the vessel 
providing the response plan identifies the location.
    (6) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or the equivalent, will meet 
this requirement. This information can be maintained separately on board 
the vessel, providing the response plan identifies the location.

[[Page 396]]



Sec. 155.1050  Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo.

    (a) The following criteria must be used to evaluate the operability 
of response resources identified in the response plan for the specified 
operating environment:
    (1) Table 1 of Appendix B of this part.
    (i) The criteria in Table 1 of Appendix B of this part are to be 
used solely for identification of appropriate equipment in a response 
plan.
    (ii) These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal vessel operations.
    (2) Limitations that are identified in the Area Contingency Plans 
for the COTP zones in which the vessel operates, including--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (b) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be identified in the 
applicable Area Contingency Plan. Reclassifications may be to--
    (1) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (2) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant wave height criteria for the 
less stringent operating environment during more than 35 percent of the 
year.
    (c) Response equipment must--
    (1) Meet or exceed the criteria listed in Table 1 of Appendix B of 
this part;
    (2) Be capable of functioning in the applicable operating 
environment; and
    (3) Be appropriate for the petroleum oil carried.
    (d) The owner or operator of a vessel that carries groups I through 
IV petroleum oil as a primary cargo shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, the response resources that will respond to a discharge up to the 
vessel's average most probable discharge.
    (1) For a vessel that carries groups I through IV petroleum oil as 
its primary cargo, the response resources must include--
    (i) Containment boom in a quantity equal to twice the length of the 
largest vessel involved in the transfer and capable of being deployed at 
the site of oil transfer operations--
    (A) Within 1 hour of detection of a spill, when the transfer is 
conducted between 0 and 12 miles from the nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline, based 
on an on-water speed of 5 knots, when the transfer is conducted over 12 
miles up to 200 miles from the nearest shoreline; and
    (ii) Oil recovery devices and recovered oil storage capacity capable 
of being at the transfer site--
    (A) Within 2 hours of the detection of a spill during transfer 
operations, when the transfer is conducted between 0 and 12 miles from 
the nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline, based 
on an on-water speed of 5 knots, when the transfer is conducted over 12 
miles up to 200 miles from the nearest shoreline.
    (2) For locations of multiple vessel transfer operations, a vessel 
may identify the same equipment as identified by other vessels, provided 
that each vessel has ensured access to the equipment through contract or 
other approved means. Under these circumstances, prior approval by the 
Coast Guard is not required for temporary changes in the contracted oil 
spill removal organization under Sec. 155.1070(c)(5).
    (3) The owner or operator of a vessel conducting transfer operations 
at a facility required to submit a response plan under 33 CFR 154.1017 
is required to plan for and identify the response resources required in 
paragraph (d)(1) of this section. However, the owner or operator is not 
required to ensure by contract or other means the availability of such 
resources.
    (e) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the

[[Page 397]]

availability of, through contract or other approved means, the response 
resources necessary to respond to a discharge up to the vessel's maximum 
most probable discharge volume.
    (1) These resources must be positioned such that they can arrive at 
the scene of a discharge within--
    (i) 12 hours of the discovery of a discharge in higher volume port 
areas and the Great Lakes;
    (ii) 24 hours of the discovery of a discharge in all rivers and 
canals, inland, nearshore and offshore areas; and
    (iii) 24 hours of the discovery of a discharge plus travel time from 
shore for open ocean areas.
    (2) The necessary response resources include sufficient containment 
boom, oil recovery devices, and storage capacity for any recovery of up 
to the maximum most probable discharge planning volume.
    (3) The response plan must identify the storage location, make, 
model, and effective daily recovery capacity of each oil recovery device 
that is identified for plan credit.
    (4) The response resources identified for responding to a maximum 
most probable discharge must be positioned to be capable of meeting the 
planned arrival times in this paragraph. The COTP with jurisdiction over 
the area in which the vessel is operating must be notified whenever the 
identified response resources are not capable of meeting the planned 
arrival times.
    (f) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
the response resources necessary to respond to discharges up to the 
worst case discharge volume of the oil cargo to the maximum extent 
practicable.
    (1) The location of these resources must be suitable to meet the 
response times identified for the applicable geographic area(s) of 
operation and response tier.
    (2) The response resources must be appropriate for--
    (i) The capacity of the vessel;
    (ii) Group(s) of petroleum oil carried as cargo; and
    (iii) The geographic area(s) of vessel operation.
    (3) The resources must include sufficient boom, oil recovery 
devices, and storage capacity to recover the planning volumes.
    (4) The response plan must identify the storage location, make, 
model, and effective daily recovery capacity of each oil recovery device 
that is identified for plan credit.
    (5) The guidelines in Appendix B of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (6) When determining response resources necessary to meet the 
requirements of this paragraph (f)(6), a portion of those resources must 
be capable of use in close-to-shore response activities in shallow 
water. The following percentages of the response equipment identified 
for the applicable geographic area must be capable of operating in 
waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    (7) Response resources identified to meet the requirements of 
paragraph (f)(6) of this section are exempt from the significant wave 
height planning requirements of Table 1 of Appendix B of this part.
    (g) Response equipment identified to respond to a worst case 
discharge must be capable of arriving on scene within the times 
specified in this paragraph for the applicable response tier in a higher 
volume port area, Great Lakes, and in other areas. Response times for 
these tiers from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Higher volume port area         12 hrs......  36 hrs......  60 hrs      
 (except tankers in Prince                                              
 William Sound covered by Sec.                                          
  155.1135).                                                            
Great Lakes...................  18 hrs......  42 hrs......  66 hrs      
All other rivers & canals,      24 hrs......  48 hrs......  72 hrs      
 inland, nearshore, and                                                 
 offshore areas.                                                        

[[Page 398]]

                                                                        
Open ocean (plus travel time    24 hrs+.....  48 hrs+.....  72 hrs+     
 from shore).                                                           
------------------------------------------------------------------------

    (h) For the purposes of arranging for response resources through 
contract or other approved means, response equipment identified for Tier 
1 plan credit must be capable of being mobilized and enroute to the 
scene of a discharge within 2 hours of notification. The notification 
procedures identified in the plan must provide for notification and 
authorization for mobilization of identified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (i) Response resources identified for Tier 2 and Tier 3 plan credit 
must be capable of arriving on scene within the time listed for the 
applicable tier.
    (j) The response plan for a vessel carrying group II or III 
persistent petroleum oils as a primary cargo that operates in areas with 
year-round pre-approval for dispersant use may request a credit against 
up to 25% of the on-water oil recovery capability for each worst case 
discharge tier necessary to meet the requirements of this subpart. To 
receive this credit, the vessel owner or operator shall identify in the 
response plan and ensure, through contract or other approved means, the 
availability of the dispersants and the necessary resources to apply 
those agents appropriate for the type of oil carried and to monitor the 
effectiveness of the dispersants. The extent of the credit will be based 
on the volumes of dispersant available to sustain operations at 
manufacturers' recommended dosage rates. Dispersant resources identified 
for plan credit must be capable of being on scene within 12 hours of 
discovery of a discharge.

    Note: Identification of these resources does not imply that they 
will be authorized for use. Actual authorization for use during a spill 
response will be governed by the provisions of the National Oil and 
Hazardous Substances Pollution Contingency Plan (40 CFR part 300) and 
the applicable Area Contingency Plan.

    (k)(1) The owner or operator of a vessel carrying groups I through 
IV petroleum oil as a primary cargo must identify in the response plan 
and ensure the availability of, through contract or other approved 
means, the following resources:
    (i) A salvage company with expertise and equipment.
    (ii) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel will operate.
    (2) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (k)(1) of this section capable of 
being deployed to the areas in which the vessel will operate. 
Provider(s) of these services may not be listed in the plan unless they 
have provided written consent to be listed in the plan as an available 
resource.
    (3) To meet this requirement in a response plan submitted for 
reapproval on or after February 18, 1998, the identified resources must 
be capable of being deployed to the port nearest to the area in which 
the vessel operates within 24 hours of notification.
    (l) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
certain response resources required by Sec. 155.1035(c)(5)(ii) or 
Sec. 155.1040(c)(5)(i), as appropriate.
    (1) These resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) These resources must be capable of reaching the locations in 
which the vessel operates within the stated times following 
notification:
    (i) Inland (except tankers in Prince William Sound covered by 
Sec. 155.1130), nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating on rivers and canals as defined in this 
subpart, the

[[Page 399]]

requirements of this paragraph (l)(3) may be met by listing resources 
capable of meeting the response times in paragraph (l)(2) of this 
section. Such resources may not be identified in a plan unless the 
response organization has provided written consent to be listed in a 
plan as an available resource.
    (m) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
response resources necessary to perform shoreline protection operations.
    (1) The response resources must include the quantities of boom 
listed in Table 2 of Appendix B of this part, based on the areas in 
which the vessel operates.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (n) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, an 
oil spill removal organization capable of effecting a shoreline cleanup 
operation commensurate with the quantity of emulsified petroleum oil to 
be planned for in shoreline cleanup operations.
    (1) The shoreline cleanup resources required must be determined as 
described in Appendix B of this part.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (o) Appendix B of this part sets out caps that recognize the 
practical and technical limits of response capabilities for which an 
individual vessel owner or operator can contract in advance. Table 6 in 
Appendix B lists the contracting caps that are applicable, as of 
February 18, 1993, and that are slated to apply on February 18, 1998. 
The owner or operator of a vessel carrying groups I through IV petroleum 
oil as a primary cargo, whose required daily recovery capacity exceeds 
the applicable contracting caps in Table 6, shall identify commercial 
sources of additional equipment equal to twice the cap listed for each 
tier or the amount necessary to reach the calculated planning volume, 
whichever is lower, to the extent that this equipment is available. The 
equipment so identified must be capable of arriving on scene no later 
than the applicable tier response times contained in Sec. 155.1050(g) or 
as quickly as the nearest available resource permits. A response plan 
must identify the specific sources, locations, and quantities of this 
additional equipment. No contract is required.
    (p) The Coast Guard will initiate a review of cap increases and 
other requirements contained within this subpart that are scheduled to 
be phased-in over time. Any changes in the requirements of this section 
will occur through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if the 
scheduled increase remains practicable, and will also establish a 
specific cap for 2003. The review will include--
    (i) Increases in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.

[[Page 400]]

    (2) All scheduled future requirements will take effect unless the 
Coast Guard determines that they are not practicable. Scheduled changes 
will be effective on February 18, 1998 and 2003 unless the review of the 
additional requirements have not been completed by the Coast Guard. If 
this occurs, the changes will not be effective until 90 days after 
publication of a Federal Register notice with the results of the review.



Sec. 155.1052  Response plan development and evaluation criteria for vessels carrying group V petroleum oil as a primary cargo.

    (a) Owners and operators of vessels that carry group V petroleum oil 
as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to discharges up to a 
worst case discharge of group V petroleum oils to the maximum extent 
practicable; and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) Using the criteria in Table 1 of Appendix B of this part, an 
owner or operator of a vessel carrying group V petroleum oil as a 
primary cargo must ensure that any equipment identified in a response 
plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates. When evaluating the 
operability of equipment, the vessel owner or operator must consider 
limitations that are identified in the Area Contingency Plans for the 
COTP zones in which the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment, including--
    (1) Sonar, sampling equipment, or other methods for locating the oil 
on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing oil that may remain floating on the surface or to reduce 
spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oil from 
the bottom and shoreline; and
    (4) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of being deployed within 24 hours of 
discovery of a discharge to the port nearest the area where the vessel 
is operating. An oil spill removal organization may not be listed in the 
plan unless the oil spill removal organization has provided written 
consent to be listed in the plan as an available resource.
    (e) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means--
    (1) A salvage company with appropriate expertise and equipment; and
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of certain resources required by Secs. 155.1035(c)(5)(ii) 
and 155.1040(c)(5)(i), as applicable, through contract or other approved 
means.

[[Page 401]]

    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.



Sec. 155.1055  Training.

    (a) A response plan submitted to meet the requirements of 
Sec. 155.1035 must identify the training to be provided to persons 
having responsibilities under the plan, including members of the vessel 
crew, the qualified individual, and the spill management team. A 
response plan submitted to meet the requirements of Sec. 155.1040 must 
identify the training to be provided to the spill management team, the 
qualified individual, and other personnel in Sec. 155.1040 with specific 
responsibilities under the plan including tankermen and members of the 
towing vessel crew. The training program must differentiate between that 
training provided to vessel personnel and that training provided to 
shore-based personnel. Appendix C of this part provides additional 
guidance regarding training.
    (b) A vessel owner or operator shall ensure the maintenance of 
records sufficient to document this training and make them available for 
inspection upon request by the Coast Guard. Records must be maintained 
for 3 years following completion of training. The response plan must 
identify the location of training records, which must be--
    (1) On board the vessel;
    (2) With the qualified individual; or
    (3) At a U.S. location of the spill management team.
    (c) A vessel owner or operator may identify equivalent work 
experience which fulfills specific training requirements.
    (d) The vessel owner or operator shall ensure that any oil spill 
removal organization identified in a response plan to meet the 
requirements of this part maintains records sufficient to document 
training for the organization's personnel. These records must be 
available for inspection upon request by the Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (e) Nothing in this section relieves the vessel owner or operator 
from the responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.
    (f) A training plan may be prepared in accordance with Training 
Elements for Oil Spill Response to satisfy the requirements of this 
section.



Sec. 155.1060  Exercises.

    (a) A vessel owner or operator required by Secs. 155.1035 and 
155.1040 to have a response plan shall conduct exercise as necessary to 
ensure that the plan will function in an emergency. Both announced and 
unannounced exercises must be included. The following are the minimum 
exercise requirements for vessels covered by this subpart:
    (1) Qualified individual notification exercises, which must be 
conducted quarterly;
    (2) Emergency procedures exercises, which must be conducted 
quarterly;
    (3) Shore-based spill management team tabletop exercises, which must 
be conducted annually. In a triennial period, at least one of these 
exercises must include a worst case discharge scenario;
    (4) Oil spill removal organization equipment deployment exercises, 
which must be conducted annually; and

[[Page 402]]

    (5) An exercise of the entire response plan, which must be conducted 
every 3 years. The vessel owner or operator shall design the exercise 
program so that all components of the response plan are exercised at 
least once every 3 years. All of the components do not have to be 
exercised at one time; they may be exercised over the 3-year period 
through the required exercises or through an area exercise.
    (b) Annually, at least one of the exercises listed in 
Sec. 155.1060(a) (2) and (4) must be unannounced. An unannounced 
exercise is one in which the personnel participating in the exercise 
have not been advised in advance of the exact date, time, and scenario 
of the exercise.
    (c) A vessel owner or operator shall participate in unannounced 
exercises, as directed by the Coast Guard COTP. The objectives of the 
unannounced exercises will be to evaluate notifications and equipment 
deployment for responses to average most probable discharge spill 
scenarios outlined in vessel response plans. The unannounced exercises 
will be limited to four per area per year, an area being that geographic 
area for which a separate and distinct Area Contingency Plan has been 
prepared, as described in the Oil Pollution Act of 1990. After 
participating in an unannounced exercise directed by a COTP, the owner 
or operator will not be required to participate in another unannounced 
exercise for at least 3 years from the date of the exercise.
    (d) A vessel owner or operator shall participate in area exercises 
as directed by the applicable on-scene coordinator. The area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the exercise design team, of which the vessel owner or 
operator will be a member. After participating in an area exercise, a 
vessel owner or operator will not be required to participate in another 
area exercise for at least 6 years.
    (e) The vessel owner or operator shall ensure that adequate exercise 
records are maintained. The following records are required:
    (1) On board the vessel, records of the qualified individual 
notification exercises and the emergency procedures exercises. These 
exercises may be documented in the ship's log or may be kept in a 
separate exercise log.
    (2) At the United States' location of either the qualified 
individual, spill management team, the vessel owner or operator, or the 
oil spill removal organization, records of exercises conducted off the 
vessel. Response plans must indicate the location of these records.
    (f) Records described in paragraph (e) of this section must be 
maintained and available to the Coast Guard for 3 years following 
completion of the exercises.
    (g) The response plan submitted to meet the requirements of this 
subpart must specify the planned exercise program. The plan shall detail 
the exercise program, including the types of exercises, frequencies, 
scopes, objectives, and the scheme for exercising the entire response 
plan every 3 years.
    (h) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the vessel response plan exercise 
requirements. These guidelines are available from the United States 
Government Printing Office, North Capitol and H Sts., NW., Washington, 
DC 20402.



Sec. 155.1062  Inspection and maintenance of response resources.

    (a) The owner or operator of a vessel required to submit a response 
plan under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations and best commercial practices; and
    (2) All inspections and maintenance are documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existence of records required under this section;

[[Page 403]]

    (3) Verify that the records of inspection and maintenance reflect 
the actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, skimmers, 
vessels, and other major equipment listed or referenced in the plan and 
ensured available through the written consent of an oil spill removal 
organization, as described in the definition of ``contract or other 
approved means'' at Sec. 155.1020.



Sec. 155.1065  Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal.

    (a) An owner or operator of a vessel to which this subpart applies 
shall submit one complete English language copy of a vessel response 
plan to Commandant (G-MOR), Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001. The plan must be submitted at least 60 days 
before the vessel intends to handle, store, transport, transfer, or 
lighter oil in areas subject to the jurisdiction of the United States.
    (b) The owner or operator shall include a statement certifying that 
the plan meets the applicable requirements of subparts D, E, F, and G of 
this part and shall include a statement indicating whether the vessel(s) 
covered by the plan are manned vessels carrying oil as a primary cargo, 
unmanned vessels carrying oil as a primary cargo, or vessels carrying 
oil as a secondary cargo.
    (c) If the Coast Guard determines that the plan meets all 
requirements of this subpart, the Coast Guard will notify the vessel 
owner or operator with an approval letter. The plan will be valid for a 
period of up to 5 years from the date of approval.
    (d) If the Coast Guard reviews the plan and determines that it does 
not meet all of the requirements, the Coast Guard will notify the vessel 
owner or operator of the response plan's deficiencies. The vessel owner 
or operator must then resubmit the revised plan, or corrected portions 
of the plan, within the time period specified in the written notice 
provided by the Coast Guard.
    (e) For those vessels temporarily authorized under Sec. 155.1025 to 
operate without an approved plan pending formal Coast Guard approval, 
the deficiency provisions of Sec. 155.1070(c), (d), and (e) will also 
apply.
    (f) When the owner or operator of a vessel believes that national 
planning criteria contained elsewhere in this part are inappropriate to 
the vessel for the areas in which it is intended to operate, the owner 
or operator may request acceptance of alternative planning criteria by 
the Coast Guard. Submission of a request must be made 90 days before the 
vessel intends to operate under the proposed alternative and must be 
forwarded to the COTP for the geographic area(s) affected.
    (g) An owner or operator of a United States flag vessel may meet the 
response plan requirements of Regulation 26 of MARPOL 73/78 and subparts 
D, E, F, and G of this part by stating in writing, according to the 
provisions of Sec. 155.1030(j), that the plan submitted is intended to 
address the requirements of both Regulation 26 of MARPOL 73/78 and the 
requirements of subparts D, E, F, and G of this part.
    (h) Within 21 days of notification that a plan is not approved, the 
vessel owner or operator may appeal that determination to the Assistant 
Commandant for Marine Safety and Environmental Protection. This appeal 
must be submitted in writing to Commandant (G-M), Coast Guard, 2100 
Second Street SW., Washington, DC 20593-0001.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 155.1070  Procedures for plan review, revision, amendment, and appeal.

    (a) A vessel response plan must be reviewed annually by the owner or 
operator.
    (1) This review must occur within 1 month of the anniversary date of 
Coast Guard approval of the plan.
    (2) The owner or operator shall submit any plan amendments to the 
Coast Guard for information or approval. Revisions to a plan must 
include a cover page that provides a summary of the changes being made 
and the pages

[[Page 404]]

being affected. Revised pages must further include the number of the 
revision and date of that revision.
    (3) Any required changes must be entered in the plan and noted on 
the record of changes page. The completion of the annual review must 
also be noted on the record of changes page.
    (b) The owner or operator of a vessel covered by subparts D, E, F, 
and G of this part shall resubmit the entire plan to the Coast Guard for 
approval--
    (1) Six months before the end of the Coast Guard approval period 
identified in Sec. 155.1065(c); and
    (2) Whenever there is a change in the owner or operator of the 
vessel, if that owner or operator provided the certifying statement 
required by Sec. 155.1065(b). If this change occurs, a new statement 
certifying that the plan continues to meet the applicable requirements 
of subparts D, E, F, and G of this part must be submitted.
    (c) Revisions or amendments to an approved response plan must be 
submitted for approval by the vessel's owner or operator whenever there 
is--
    (1) A change in the owner or operator of the vessel, if that owner 
or operator is not the one who provided the certifying statement 
required by Sec. 155.1065(b);
    (2) A change in the vessel's operating area that includes ports or 
geographic area(s) not covered by the previously approved plan. A vessel 
may operate in an area not covered in a previously approved plan upon 
receipt of written acknowledgment by the Coast Guard that a new 
geographic-specific appendix has been submitted for approval by the 
vessel's owner or operator and the certification required in 
Sec. 155.1025(c) has been provided;
    (3) A significant change in the vessel's configuration that affects 
the information included in the response plan;
    (4) A change in the type of oil cargo carried aboard (oil group) 
that affects the required response resources, except as authorized by 
the COTP for purposes of assisting in an oil spill response activity;
    (5) A change in the identification of the oil spill removal 
organization(s) or other response related resource required by 
Secs. 155.1050, 155.1052, 155.1230, or 155.2230, as appropriate, except 
an oil spill removal organization required by Sec. 155.1050(d) which may 
be changed on a case by case basis for an oil spill removal organization 
previously classified by the Coast Guard which has been ensured 
available by contract or other approved means;
    (6) A significant change in the vessel's emergency response 
procedures;
    (7) A change in the qualified individual;
    (8) The addition of a vessel to the plan. This change must include 
the vessel-specific appendix required by this subpart and the owner or 
operator's certification required in Sec. 155.1025(c); or
    (9) Any other significant changes that affect the implementation of 
the plan.
    (d) Thirty days in advance of operation, the owner or operator shall 
submit any revision or amendments identified in paragraph (c) of this 
section. The certification required in Sec. 155.1065(b) must be 
submitted along with the revisions or amendments.
    (e) The Coast Guard may require a vessel owner or operator to revise 
a response plan at any time if it is determined that the response plan 
does not meet the requirements of this subpart. The Coast Guard will 
notify the vessel owner or operator in writing of any deficiencies and 
any operating restrictions. Deficiencies must be corrected and submitted 
for acceptance within the time period specified in the written notice 
provided by the Coast Guard or the plan will be declared invalid and any 
further storage, transfer, handling, transporting or lightering of oil 
in areas subject to the jurisdiction of the United States will be in 
violation of section 311(j)(5)(E) of the Federal Water Pollution Control 
Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).
    (f) A vessel owner or operator who disagrees with a deficiency 
determination may submit a petition for reconsideration to Assistant 
Commandant for Marine Safety and Environmental Protection, Commandant 
(G-M), Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 
20593-0001 within the time period required for compliance or within 7 
days from the date of receipt of the Coast Guard notice of a deficiency 
determination, whichever is less. After considering all

[[Page 405]]

relevant material presented, the Coast Guard will notify the vessel 
owner or operator of the final decision.
    (1) Unless the vessel owner or operator petitions for 
reconsideration of the Coast Guard's decision, the vessel's owner or 
operator must correct the response plan deficiencies within the period 
specified in the Coast Guard's initial determination.
    (2) If the vessel owner or operator petitions the Coast Guard for 
reconsideration, the effective date of the Coast Guard notice of 
deficiency determination may be delayed pending a decision by the Coast 
Guard. Petitions to the Coast Guard must be submitted in writing, via 
the Coast Guard official who issued the requirement to amend the 
response plan, within 5 days of receipt of the notice.
    (g) Except as required in paragraph (c) of this section, amendments 
to personnel and telephone number lists included in the response plan do 
not require prior Coast Guard approval.
    (h) The Coast Guard and all other holders of the response plan shall 
be advised of any revisions to personnel and telephone numbers and 
provided a copy of these revisions as they occur.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997]



  Subpart E--Additional Response Plan Requirements for Tankers Loading 
     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 
                            Authorization Act

    Source: CGD 91-034, 61 FR 1097, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1110   Purpose and applicability.

    (a) This subpart establishes oil spill response planning 
requirements for an owner or operator of a tanker loading cargo at a 
facility permitted under the Trans-Alaska Pipeline Authorization Act 
(TAPAA) (43 U.S.C. 1651 et seq.) in Prince William Sound, Alaska, in 
addition to the requirements of subpart D of this part. The requirements 
of this subpart are intended for use in developing response plans and 
identifying response resources during the planning process, they are not 
performance standards.
    (b) The information required in this subpart must be included in a 
Prince William Sound geographic-specific appendix to the vessel response 
plan required by subpart D of this part.



Sec. 155.1115  Definitions.

    Except as provided in this section, the definitions in Sec. 155.1020 
apply to this subpart.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
Entrance out to and encompassing Seal Rock.



Sec. 155.1120  Operating restrictions and interim operating authorization.

    The owner or operator of a tanker to which this subpart applies may 
not load cargo at a facility permitted under the Trans-Alaska Pipeline 
Authorization Act unless the requirements of this subpart and 
Sec. 155.1025 have been met. The owner or operator of such a tanker 
shall certify to the Coast Guard that they have provided, through an oil 
spill removal organization required by Sec. 155.1125, the necessary 
response resources to remove, to the maximum extent practicable, a worst 
case discharge or a discharge of 200,000 barrels of oil, whichever is 
greater, in Prince William Sound, AK.



Sec. 155.1125  Additional response plan requirements.

    (a) The owner or operator of a tanker subject to this subpart shall 
include the requirements of this section in the Prince William Sound 
geographic-specific appendix required by subpart D of this part.
    (1) The response plan must include identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment, for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound--
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;

[[Page 406]]

    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Consist of sufficient numbers of trained personnel with the 
necessary technical skills to remove, to the maximum extent practicable, 
a worst case discharge or a discharge of 200,000 barrels of oil, 
whichever is greater;
    (iv) Provide a plan for training sufficient numbers of additional 
personnel to remove, to the maximum extent practicable, a worst case 
discharge or a discharge of 200,000 barrels of oil, whichever is 
greater; and
    (v) Address the responsibilities required in Sec. 155.1035(d)(4).
    (2) The response plan must include exercise procedures that must--
    (i) Provide two exercises of the oil spill removal organization each 
year to ensure prepositioned equipment and trained personnel required 
under this subpart perform effectively;
    (ii) Provide for both announced and unannounced exercises; and
    (iii) Provide for exercises that test either the entire appendix or 
individual components.
    (3) The response plan must identify a testing, inspection, and 
certification program for the prepositioned response equipment required 
in Sec. 155.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load of all electrical motors, pumps, 
power packs, air compressors, internal combustion engines, and oil 
recovery devices; and
    (B) Removal of no less than one-third of required boom from storage 
annually, such that all boom will have been removed and examined within 
a period of 3 years;
    (ii) Records of equipment tests and inspection; and
    (iii) Use of an independent entity to certify that the equipment is 
on-site and in good operating condition and that required tests and 
inspections have been performed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) The response plan must identify and give the location of the 
prepositioned response equipment required in Sec. 155.1130 including the 
make, model, and effective daily recovery rate of each oil recovery 
resource.
    (b) The owner or operator shall submit to the COTP for approval, no 
later than September 30th of each calendar year, a schedule for the 
training and exercises required by the geographic-specific appendix for 
Prince William Sound for the following calendar year.
    (c) All records required by this section must be available for 
inspection by the Coast Guard and must be maintained for a period of 3 
years.



Sec. 155.1130  Requirements for prepositioned response equipment.

    The owner or operator of a tanker subject to this subpart shall 
provide the following prepositioned response equipment, located within 
Prince William Sound, in addition to that required by Sec. 155.1035:
    (a) On-water recovery equipment with a minimum effective daily 
recovery capacity of 30,000 barrels, capable of being on scene within 6 
hours of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels, capable of being 
on scene within 6 hours of notification of a discharge.
    (c) Additional on-water recovery equipment with a minimum effective 
daily recovery capacity of 40,000 barrels capable of being on scene 
within 18 hours of notification of a discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material, capable of being on scene within 24 hours of notification of a 
discharge.
    (e) On-water oil recovery devices and storage equipment located in 
communities and at strategic locations.
    (f) For sufficient protection of the environment in the locations 
identified in Sec. 155.1125(a)(1)(ii)--
    (1) Boom appropriate for the specific locations;
    (2) Sufficient boats to deploy boom and sorbents;
    (3) Sorbents including booms, sweeps, pads, blankets, drums and 
plastic bags;

[[Page 407]]

    (4) Personnel protective clothing and equipment;
    (5) Survival equipment;
    (6) First aid supplies;
    (7) Buckets, shovels, and various other tools;
    (8) Decontamination equipment;
    (9) Shoreline cleanup equipment;
    (10) Mooring equipment;
    (11) Anchored buoys at appropriate locations to facilitate the 
positioning of defensive boom; and
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.
    (g) For each oil-laden tanker, an escorting response vessel which is 
fitted with skimming and on board storage capabilities practicable for 
the initial oil recovery planned for a cleanup operation, as identified 
by the oil spill removal organization.
    (h) Lightering resources required in Sec. 155.1050(l) capable of 
arriving on scene within 6 hours of notification of a discharge.



Sec. 155.1135  Response plan development and evaluation criteria.

    For tankers subject to this subpart, the following response times 
must be used in determining the on-scene arrival time in Prince William 
Sound, for the response resources required by Sec. 155.1050:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Prince William Sound..........  12 hrs......  24 hrs......  36 hrs      
------------------------------------------------------------------------



Sec. 155.1145  Submission and approval procedures.

    An appendix prepared under this subpart must be submitted and 
approved in accordance with Sec. 155.1065.



Sec. 155.1150  Plan revision and amendment procedures.

    An appendix prepared and submitted under this subpart must be 
revised and amended, as necessary, in accordance with Sec. 155.1070.



 Subpart F--Response plan requirements for vessels carrying animal fats 
                  and vegetable oils as a primary cargo

    Source: CGD 91-034, 61 FR 1098, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1210  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo. The requirements of this subpart are intended 
for use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.1225  Response plan submission requirements.

    An owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo shall submit a response plan in accordance with 
the requirements of this subpart, and with all sections of subpart D of 
this part, except Secs. 155.1050 and 155.1052.



Sec. 155.1230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry animal fats or 
vegetable oils as a primary cargo must provide information in their plan 
that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of animal fats or vegetable oils to the maximum extent 
practicable; and
    (2) Sources of the equipment and supplies necessary to contain, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the vessel operates using 
the criteria in Table 1 of Appendix B of this part. When evaluating the 
operability of equipment, the vessel

[[Page 408]]

owner or operator must consider limitations that are identified in the 
Area Contingency Plans for the COTP zones in which the vessel operates, 
including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure, through contract or other approved means, the availability of 
required equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of animal fats or 
vegetable oils carried; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of animal fats or vegetable oils carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follows:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A         
Great Lakes...................  18 hrs......  N/A.........  N/A         
All other rivers and canals,    24 hrs......  N/A.........  N/A         
 inland, nearshore, and                                                 
 offshore areaas.                                                       
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A         
 from shore).                                                           
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure the availability of the following resources through contract or 
other approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan, 
and ensure the availability of, through contract or other approved 
means, certain resources required by subpart D, Sec. 155.1035(c)(5)(ii) 
and Sec. 155.1040(c)(5)(i), as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be

[[Page 409]]

identified in a plan as an available resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants suitable 
for animal fats and vegetable oils and that handles, stores, or 
transports animal fats or vegetable oils may request a credit for up to 
25 percent of the worst case planning volume set forth by subpart D of 
this part. To receive this credit, the vessel owner or operator must 
identify in the plan and ensure, by contract or other approved means, 
the availability of specified resources to apply the dispersants and to 
monitor their effectiveness. To extent of the credit will be based on 
the volumes of the dispersant available to sustain operations at the 
manufacturers' recommended dosage rates. Other spill mitigation 
techniques, including mechanical dispersal, may be identified in the 
response plan, provided they are in accordance with the NCP and the 
applicable ACP. Resources identified for plan credit should be capable 
of being on scene within 12 hours of a discovery of a discharge. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during the spill 
response will be governed by the provisions of the NCP and the 
applicable ACP.



  Subpart G--Response Plan Requirements for Vessels Carrying Other Non-
                    Petroleum Oils as a Primary Cargo

    Source: CGD 91-034, 61 FR 1099, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.2210  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo. The requirements of this subpart are intended for 
use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.2225  Response plan submission requirements.

    An owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo shall submit a response plan in accordance with the 
requirements of this subpart, and with all sections of subpart D of this 
part, except Secs. 155.1050 and 155.1052.



Sec. 155.2230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry other non-petroleum 
oil as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to contain, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must ensure that any equipment identified in a 
response plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates using the criteria in 
Table 1 of Appendix B of this part. When evaluating the operability of 
equipment, the vessel owner or operator must consider limitations that 
are identified in the Area Contingency Plans for the COTP zones in which 
the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oil carried; and

[[Page 410]]

    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of other non-petroleum oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follow:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A         
Great Lakes...................  18 hrs......  N/A.........  N/A         
All other rivers and canals,    24 hrs......  N/A.........  N/A         
 inland, nearshore, and                                                 
 offshore areas.                                                        
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A         
 from shore).                                                           
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan, and ensure 
the availability of, through contract or other approved means, certain 
resources required by subpart D of this part, Sec. 155.1035(c)(5)(ii) 
and Sec. 155.1040(c)(5)(i) of this part, as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils may request a 
credit for up to 25 percent of the worst case planning volume set forth 
by subpart D of this part. To receive this credit, the vessel owner or 
operator must identify in the plan and ensure, by contract or other 
approved means, the availability of specified resources to apply the 
dispersants and to monitor their effectiveness. The extent of the credit 
will be based on the volumes of the dispersant available to sustain 
operations at the manufacturers' recommended dosage rates. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during a

[[Page 411]]

spill response will be governed by the provisions of the NCP and the 
applicable ACP.

       Appendix A to Part 155--Specifications for Shore Connection      
                [See  340, 350, 370 and 380 of this Part]               
------------------------------------------------------------------------
              Item                    Description          Dimension    
------------------------------------------------------------------------
1...............................  Outside diameter..  215 mm. (8 in.).  
2...............................  Inside diameter...  According to pipe 
                                                       outside diameter.
3...............................  Bolt circle         183 mm. (7 \3/16\ 
                                   diameter.           in.).            
4...............................  Slots in flange...  6 holes 22 mm. (\7/
                                                       8\ in.) in       
                                                       diameter shall be
                                                       equidistantly    
                                                       placed on a bolt 
                                                       circle of the    
                                                       above diameter,  
                                                       slotted to the   
                                                       flange periphery.
                                                       The slot width is
                                                       to be 22 mm. (\7/
                                                       8\ in.).         
5...............................  Flange thickness..  20 mm. (\3/4\     
                                                       in.).            
6...............................  Bolts and nuts....  6, each of 20 mm. 
                                                       (\3/4\ in.) in   
                                                       diameter and of  
                                                       suitable length. 
------------------------------------------------------------------------
The flange must be of steel having a flat face, with a gasket of        
  oilproof material, and must be suitable for a service pressure of 6   
  kg./cm.2 (85 p.s.i.).                                                 
The steel materials used must meet the material specifications of       
  standard B16.5, Steel Pipe Flanges and Flanged Fittings of the        
  American National Standards Institute. (See Sec.  154.106 of this     
  chapter.)                                                             

[CGD 75-124, 45 FR 7176, Jan. 31, 1980]

  Appendix B to Part 155--Determining and Evaluating Required Response 
                   Resources for Vessel Response Plans

                               1. Purpose

    1.1  The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subparts D, 
E, F, and G of this part. These guidelines will be used by the vessel 
owner or operator in preparing the response plan and by the Coast Guard 
to review vessel response plans. Response plans submitted under subparts 
F and G of this part will be evaluated under the guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1  All equipment identified in a response plan must be capable of 
operating in the conditions expected in the geographic area in which a 
vessel operates. These conditions vary widely based on the location and 
season. Therefore, it is difficult to identify a single stockpile of 
response equipment that will function effectively in every geographic 
location.
    2.2  Vessels storing, handling, or transporting oil in more than one 
operating environment as indicated in Table 1 must identify equipment 
capable of successfully functioning in each operating environment. For 
example, vessels moving from the ocean to a river port must identify 
appropriate equipment designed to meet the criteria for transiting 
oceans, inland waterways, rivers, and canals. This equipment may be 
designed to operate in all of these environments or, more likely, 
different equipment may be designed for use in each area.
    2.3  When identifying equipment for response plan credit, a vessel 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix must be used for evaluating the operability 
in a given environment. These criteria reflect the general conditions in 
certain operating areas.
    2.4  Table 1 of this appendix lists criteria for oil recovery 
devices and boom. All other equipment necessary to sustain or support 
response operations in a geographic area must be designed to function in 
the same conditions. For example, boats which deploy or support skimmers 
or boom must be capable of being safely operated in the significant wave 
heights listed for the applicable operating environment. The Coast Guard 
may require documentation that the boom identified in a response plan 
meets the criteria in Table 1 of this appendix. Absent acceptable 
documentation, the Coast Guard may require that the boom be tested to 
demonstrate that it meets the criteria in Table 1 of this appendix. 
Testing must be in accordance with certain American Society for Testing 
Materials (ASTM) standards [ASTM F 715-81 (Reapproved 1986), Standard 
Methods of Testing Spill Control Barrier Membrane Materials, and ASTM F 
989-86, Standard Test Methods for Spill Control Barrier Tension 
Members], or other tests approved by the Coast Guard.
    2.5  A vessel owner or operator must refer to the applicable Area 
Contingency Plan to determine if ice, debris, and weather-related 
visibility are significant factors in evaluating the operability of 
equipment. The Area Contingency Plan will also identify the average 
temperature ranges expected in a geographic area in which a vessel 
operates. All equipment identified in a response plan must be designed 
to operate within those conditions or ranges.
    2.6  The requirements of subparts D, E, F, and G of this part 
establish response resource mobilization and response times. The 
location that the vessel operates farthest from the storage location of 
the response resources must be used to determine whether the resources 
are capable of arriving on scene within the time required. A vessel 
owner or operator shall include the time for notification, mobilization, 
and travel time of resources identified to meet the maximum most 
probable discharge and Tier 1 worst case discharge requirements. For 
subparts D and E of this part, tier 2 and 3 resources must be notified 
and mobilized as necessary

[[Page 412]]

to meet the requirements for arrival on scene. An on-water speed of 5 
knots and a land speed of 35 miles per hour is assumed, unless the 
vessel owner or operator can demonstrate otherwise.
    2.7  For subparts D and E of this part, in identifying equipment, 
the vessel owner or operator shall list the storage location, quantity, 
and manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For oil 
recovery devices, the effective daily recovery capacity, as determined 
using section 6 of this appendix, must be included. For boom, the 
overall boom height (draft plus freeboard) must be included. A vessel 
owner or operator is responsible for ensuring that identified boom has 
compatible connectors.
    2.8  For subparts F and G of this part, in identifying equipment, 
the vessel owner or operator shall list the storage location, quantity, 
and manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For 
boom, the overall boom height (draft plus freeboard) must be included. A 
vessel owner of operator is responsible for ensuring that identified 
boom has compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1  A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the 50-barrel average most probable discharge at 
the point of an oil transfer involving a vessel that carries oil as a 
primary cargo. The equipment must be designed to function in the 
operating environment at the point of oil transfer. These resources must 
include--
    3.1.1  Containment boom in a quantity equal to twice the length of 
the largest vessel involved in the transfer capable of being deployed 
within 1 hour of the detection of a spill at the site of oil transfer 
operations. If the transfer operation is more than 12 miles from shore, 
the containment boom must be deployed within 1 hour plus the travel time 
from the nearest shoreline at a speed of 5 knots.
    3.1.2  Oil recovery devices with an effective daily recovery 
capacity of 50 barrels or greater available at the transfer site within 
2 hours of the detection of an oil discharge.
    3.1.3  Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1  A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to discharges up to the maximum most probable 
discharge volume for that vessel. The resources should be capable of 
containing and collecting up to 2,500 barrels of oil. All equipment 
identified must be designed to operate in the applicable operating 
environment specified in table 1 of this appendix.
    4.2  To determine the maximum most probable discharge volume to be 
used for planning, use the lesser of--
    4.2.1  2500 barrels; or
    4.2.2  10 percent of the total oil cargo capacity.
    4.3  Oil recovery devices necessary to meet the applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 12 hours of the discovery of a 
discharge in higher volume port areas and the Great Lakes, 24 hours in 
all other rivers and canals, inland, nearshore, and offshore areas, and 
24 hours plus travel time from shore in all open ocean areas.
    4.3.1  Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50% of the planning volume 
applicable for the vessel as determined in section 4.2 of this appendix. 
The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4  In addition to oil recovery capacity, the vessel owner or 
operator must identify in the response plan and ensure the availability 
of, through contract or other approved means, sufficient boom available 
within the required response times for oil connection and containment, 
and for protection of shoreline areas. While the regulation does not set 
required quantities of boom for oil collection and containment, the 
owner or operator of a vessel must still identify in a response plan and 
ensure, through contract or other approved means, the availability of 
the boom identified in the plan for this purpose.
    4.5  The plan must indicate the availability of temporary storage 
capacity to meet the requirements of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this requirement, the 
effective daily recovery capacity must be downgraded to the limits of 
the available storage capacity.
    4.6  The following is an example of a maximum most probable 
discharge volume planning calculation for equipment identification in a 
higher volume port area:

[[Page 413]]

    The vessel's cargo capacity is 10,000 barrels, thus the planning 
volume is 10 percent or 1,000 barrels. The effective daily recovery 
capacity must be 50 percent of the planning volume, for 500 barrels per 
day. The ability of oil recovery devices to meet this capacity will be 
calculated using the procedures in section 6 of this appendix. Temporary 
storage capacity available on scene must equal twice the daily recovery 
capacity as indicated in section 9 of this appendix, or 1000 barrels per 
day. This figure would represent the information the vessel owner or 
operator would use to identify and ensure the availability of, through 
contract or other approved means, the required response resources. The 
vessel owner would also need to identify how much boom was available for 
use.

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1  A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the worst case discharge of oil cargo to the 
maximum extent practicable. Section 7 of this appendix describes the 
method to determine the required response resources.
    5.2  Oil spill recovery devices identified to meet the applicable 
worst case discharge planning volume must be located such that they can 
arrive at the scene of a discharge within the time specified for the 
applicable response tier listed in Sec. 155.1050(g).
    5.3  The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A vessel owner or operator shall identify 
the storage locations of all equipment that must be used to fulfill the 
requirements for each tier.
    5.4  A vessel owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
downgraded to the limits of the available storage capacity.
    5.5  When selecting response resources necessary to meet the 
response plan requirements, the vessel owner or operator must ensure 
that a portion of those resources are capable of being used in close-to-
shore response activities in shallow water. The following percentages of 
the on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    5.6  In addition to oil spill recovery devices and temporary storage 
capacity, a vessel owner or operator shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, sufficient boom that can arrive on scene within the required 
response times for oil containment and collection. The specific quantity 
of boom required for collection and containment will depend on the 
specific recovery equipment and strategies employed. Table 2 of this 
appendix lists the minimum quantities of additional boom required for 
shoreline protection that a vessel owner or operator shall identify in 
the response plan and ensure the availability of, through contract or 
other approved means.
    5.7  A vessel owner or operator shall also identify in the response 
plan and ensure, by contract or other approved means, the availability 
of an oil spill removal organization capable of responding to a 
shoreline cleanup operation involving the calculated volume of 
emulsified oil that might impact the affected shoreline. The volume of 
oil for which a vessel owner or operator should plan should be 
calculated through the application of factors contained in Tables 3 and 
4 of this appendix. The volume calculated from these tables is intended 
to assist the vessel owner or operator in identifying a contractor with 
sufficient resources. This planning volume is not used explicitly to 
determine a required amount of equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1  Oil recovery devices identified by a vessel owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These capacities must be to meet the applicable planning 
criteria for the average most probable discharge; maximum most probable 
discharge; and worst case discharge to the maximum extent practicable.
    6.2  For the purposes of determining the effective daily recovery 
capacity of oil recovery devices, the following method will be used. 
This method considers potential limitations due to available daylight, 
weather, sea state, and percentage of emulsified oil in the recovered 
material. The Coast Guard may assign a lower efficiency factor to 
equipment listed in a response plan if it determines that such a 
reduction is warranted.
    6.2.1  The following formula must be used to calculate the effective 
daily recovery capacity:

R=T x 24 x E

R--Effective daily recovery capacity
T--Throughput rate in barrels per hour (nameplate capacity)
E--20% efficiency factor (or lower factor as determined by the Coast 
          Guard)


[[Page 414]]


    6.2.2  For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3  For belt or mop type devices, the throughput rate will be 
calculated using data provided by the manufacturer on the nameplate 
rated capacity for the device.
    6.2.4  Vessel owners or operators including in the response plan oil 
recovery devices whose throughput is not measurable using a pump 
capacity or belt or mop capacity may provide information to support an 
alternative method of calculation. This information must be submitted 
following the procedures in section 6.5 of this appendix.
    6.3  As an alternative to section 6.2 of this appendix, a vessel 
owner or operator may submit adequate evidence that a different 
effective daily recovery capacity should be applied for a specific oil 
recovery device. Adequate evidence is actual verified performance data 
in spill conditions or test using certain ASTM standards [ASTM F 631-80, 
Reapproved 1985) Standard Method for Testing Full Scale Advancing Spill 
Removal Devices, and ASTM F 808-83 (1988), Standard Guide for Collecting 
Skimmer Performance Data in Uncontrolled Environments], or an equivalent 
test approved by the Coast Guard.
    6.3.1  The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R=D x U

R--Effective daily recovery capacity
D--Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F 808; 
          Item 13.1.15 in ASTM F 631; or actual performance data)
U--Hours per day that a vessel owner or operator can document capability 
          to operate equipment under spill conditions. Ten hours per day 
          must be used unless a vessel owner or operator can demonstrate 
          that the recovery operation can be sustained for longer 
          periods.
    6.4  A vessel owner or operator submitting a response plan shall 
provide data that supports the effective daily recovery capacities for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated throughput at the pump of 267 gallons per minute (gpm).

267 gpm=381 barrels per hour
R=381 x 24 x .2=1,829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recovery rate 
is determined to be 220 gpm. The vessel owner or operator identifies 
sufficient resources available to support operations 12 hours per day.

220 gpm=314 barrels per hour
R=314 x 12=3,768 barrels per day

    A vessel owner or operator will be able to use the higher capacity 
if sufficient temporary oil storage capacity is available.
    6.5  Determinations of alternative efficiency factors under section 
6.2 or alternative effective daily recovery capacities under section 6.3 
of this appendix will be made by Commandant (G-MOR), Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593. Oil spill 
removal organizations or equipment manufacturers may submit required 
information on behalf of multiple vessel owners or operators.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1  A vessel owner or operator shall plan for a response to a 
vessel's worst case discharge volume of oil cargo. The planning for on-
water recovery must take into account a loss of some oil to the 
environment due to evaporations and natural dissipation, potential 
increases in volume due to emulsification, and the potential for deposit 
of some oil on the shoreline.
    7.2  The following procedures must be used to calculate the planning 
volume used by a vessel owner or operator for determining required on-
water recovery capacity:
    7.2.1  The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For 
vessels carrying mixed cargoes from different petroleum oil groups, each 
group must be calculated separately. This information is to be used with 
Table 3 of this appendix to determine the percentages of the total cargo 
volume to be used for removal capacity planning. This table divides the 
cargo volume into three categories: oil lost to the environment; oil 
deposited on the shoreline; and oil available for on-water recovery.
    7.2.2  The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 4 of this appendix.
    7.2.3  The adjusted volume is multiplied by the on-water oil 
recovery resource mobilization factor found in Table 5 of this appendix 
from the appropriate operating area and response tier to determine the 
total on-water oil recovery capacity in barrels per day that must be 
identified or contracted for to arrive on scene within the applicable 
time for each response tier. Three tiers are specified. For higher 
volume port areas, the contracted tiers of resources must be located 
such that they can arrive on scene within 12, 36, and 60 hours of the 
discovery of an oil discharge. For the Great Lakes, these tiers are 18, 
42, and 66 hours. For rivers and canals, inland, nearshore, and 
offshore, these tiers are 24, 48, and 72 hours. For the open ocean area, 
these

[[Page 415]]

tiers are 24, 48, and 72 hours with an additional travel time allowance 
of 1 hour for every additional 5 nautical miles from shore.
    7.2.4  The resulting on-water recovery capacity in barrels per day 
for each tier is used to identify response resources necessary to 
sustain operations in the applicable geographic area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 3 of this appendix. A vessel owner or operator shall identify and 
ensure the availability of, through contract or other approved means, 
sufficient oil spill recovery devices to provide the effective daily oil 
recovery capacity required. If the required capacity exceeds the 
applicable cap described in Table 6 of this appendix, then a vessel 
owner or operator must contract only for the quantity of resources 
required to meet the cap, but shall identify sources of additional 
resources as indicated in Sec. 155.1050(o). The owner or operator of a 
vessel whose planning volume exceeded the cap in 1993 should plan for 
additional capacity to be under contract by 1998 or 2003, as 
appropriate. For a vessel that carries multiple groups of oil, the 
required effective daily recovery capacity for each group is calculated 
and summed before applying the cap.
    7.3  The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1  The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For a 
vessel carrying cargoes from different oil groups, each group must be 
calculated separately. Using this information, Table 3 of this appendix 
must be used to determine the percentages of the total cargo volume to 
be used for shoreline cleanup resource planning.
    7.3.2  The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2 of this appendix.
    7.3.3  The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.4  The following is an example of the procedure described above:
    A vessel with a 100,000 barrel capacity for #6 oil (specific gravity 
.96) will move from a higher volume port area to another area. The 
vessel's route will be 70 miles from shore.

Cargo carried: 100,000 bbls. Group IV oil Emulsification factor (from 
          Table 4 of this appendix): 1.4 Areas transited: Inland, 
          Nearshore, Offshore, Open ocean
Planned % on-water recovery (from Table 3 of this appendix):
    Inland 50%
    Nearshore 50%
    Offshore 40%
    Open ocean 20%
Planned % oil onshore recovery (from Table 3 of this appendix):
    Inland 70%
    Nearshore 70%
    Offshore 30%
    Open ocean 30%

General formula to determine planning volume:
(planning volume)=(capacity) x (% from Table 3 of this 
          appendix) x (emulsification factor from Table 4 of this 
          appendix)
Planning volumes for on-water recovery:
    Inland 100,000 x .5 x 1.4=70,000 bbls
    Nearshore 100,000 x .5 x 1.4=70,000 bbls
    Offshore 100,000 x .4 x 1.4=56,000 bbls
    Open ocean 100,000 x .2 x 1.4=28,000 bbls
Planning volumes for on shore recovery:
    Inland 100,000 x .7 x 1.4=98,000 bbls
    Nearshore 100,000 x .7 x 1.4=98,000 bbls
    Offshore 100,000 x .3 x 1.4=42,000 bbls
    The vessel owner or operator must contract with a response resource 
capable of managing a 98,000-barrel shoreline cleanup in those areas 
where the vessel comes closer than 50 miles to shore.

    Determining required resources for on-water recovery for each tier 
using mobilization factors: (barrel per day on-water recovery 
requirements)=(on-water planning volume as calculated 
above) x (mobilization factor from Table 5 of this appendix).

------------------------------------------------------------------------
                                        Tier 1      Tier 2       Tier 3 
------------------------------------------------------------------------
Inland/Nearshore 70,000........   x         .15         .25          .40
Offshore 56,000................   x         .10         .165         .21
Open ocean 28,000..............   x         .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 inland and nearshore exceed 
the caps, the vessel owner would only need to contract for 10,000 
barrels per day for Tier 1. No additional equipment would be required to 
be

[[Page 416]]

identified because the required Tier 3 resources are below the Tier 3 
caps.
    10% of the on-water recovery capability for offshore, and 20% of the 
capability for inland/nearshore, for all tiers, must be capable of 
operating in water with a depth of 6 feet or less.
    The vessel owner or operator would also be required to identify or 
contract for quantities of boom identified in Table 2 of this appendix 
for the areas in which the vessel operates.

      8. Determining the Availability of High-Rate Response Methods

    8.1  Response plans for a vessel carrying group II or III persistent 
oil as a primary cargo that operates in an area with year-round pre-
approval for dispersant use may receive credit for up to 25 percent of 
their required on-water recovery capacity in that area for 1993 if the 
availability of these resources are ensured by contract or other 
approved means. For response plan credit, these resources must be 
capable of being on scene within 12 hours of the discovery of a 
discharge.
    8.2  To receive credit against any required on-water recovery 
capacity, a response plan must identify the locations of dispersant 
stockpiles, methods of transporting to a shoreside staging area, and 
appropriate aircraft or vessels to apply the dispersant and monitor its 
effectiveness at the scene of an oil discharge.
    8.2.1  Sufficient volumes of dispersants must be available to treat 
the oil at the dosage rate recommended by the dispersant manufacturer. 
Dispersants identified in a response plan must be on the National 
Contingency Plan Product Schedule maintained by the U.S. Environmental 
Protection Agency. (Some States have a list of approved dispersants and 
within State waters only they can be used.)
    8.2.2  Dispersant application equipment identified in a response 
plan for credit must be located such that it can be mobilized to 
shoreside staging areas to meet the time requirements in section 8.1 of 
this appendix. Sufficient equipment capacity and sources of appropriate 
dispersants must be identified to sustain dispersant operations for at 
least 3 days.
    8.2.3  Credit against on-water recovery capacity in pre-approved 
areas will be based on the ability to treat oil at a rate equivalent to 
this credit. For example, a 2,500 barrels per day credit against the 
10,000 barrels per day on-water Tier 1 cap would require the vessel 
owner or operator to demonstrate the ability to treat 2,500 barrels per 
day of oil at the manufacturer's recommended dosage rate. Assuming a 
dosage rate of 10:1, the plan would need to show stockpiles and sources 
of 750 barrels of dispersants that would be available on scene at a rate 
of 250 barrels per day and the ability to apply the dispersant at the 
daily rate for 3 days in the area in which the vessel operates. Similar 
data would need to be provided for any additional credit against Tier 2 
and 3 resources.
    8.3  In addition to the equipment and supplies required, a vessel 
owner or operator shall identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
Local and Area Contingency Plans.
    8.4  Identification of the resources for dispersant application does 
not imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by the 
provisions of the National Oil and Hazardous Substances Contingency Plan 
(40 CFR part 300) and the applicable Local or Area Contingency Plan.
    8.5  In addition to the credit identified above, a vessel owners or 
operators that operates in areas pre-approved for dispersant use may 
reduce their required on-water recovery cap increases for 1998 and 2003 
by up to 50% by identifying non-mechanical methods.
    8.6  The use of in-situ burning as a non-mechanical response method 
is still being studied. Because limitations and uncertainties remain for 
the use of this method, it may not be used to reduce required oil 
recovery capacity in 1993. Use of this or other alternative high-rate 
methods for a portion of the required cap increase in 1998 will be 
determined during the cap increase review in 1996.

    9. Additional Equipment Necessary to Sustain Response Operations

    9.1  A vessel owner or operator is responsible for ensuring that 
sufficient numbers of trained personnel, boats, aerial spotting 
aircraft, sorbent materials, boom anchoring materials, and other 
resources are a available to sustain response operations to completion. 
All such equipment must be suitable for use with the primary equipment 
identified in the response plan. A vessel owner or operator is not 
required to list these resources in the response plan, but shall certify 
their availability.
    9.2  A vessel owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery capacity required on scene. This temporary storage capacity may 
be reduced if a vessel owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant water, or the availability of alternative temporary storage or 
disposal locations in the area(s) the vessel will operate

[[Page 417]]

will reduce the overall volume of oily material storage requirements.
    9.3  A vessel owner or operator shall ensure that their planning 
includes the capability to arrange for disposal of recovered oil 
products. Specific disposal procedures will be addressed in the 
applicable Area Contingency 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
Great Lakes................................      4        2-3
Ocean......................................      6        3-4
------------------------------------------------------------------------


                                                                                                                
                                                     [Boom]                                                     
----------------------------------------------------------------------------------------------------------------
                                                                                 Use                            
                                                    ------------------------------------------------------------
                   Boom Property                       Rivers &                                                 
                                                        Canals        Inland        Great Lakes        Ocean    
----------------------------------------------------------------------------------------------------------------
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 approved     port area      Other areas 
                                                                    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
----------------------------------------------------------------------------------------------------------------


[[Page 418]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.000


[[Page 419]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.001


[[Page 420]]


     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
------------------------------------------------------------------------


                          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.                  


[[Page 421]]


                                                  Table 6.--Response Capability Caps by Geographic Area                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Tier 1                                Tier 2                                Tier 3               
--------------------------------------------------------------------------------------------------------------------------------------------------------
As of February 18, 1993:                                                                                                                                
All except rivers & canals & Great     10K bbls/day.........................  20K bbls/day........................  40K bbls/day.                       
 Lakes.                                                                                                                                                 
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     12.5K bbls/day.......................  25K bbls/day........................  50K bbls/day.                       
 Lakes.                                                                                                                                                 
Great Lakes..........................  6.35K bbls/day.......................  12.3K bbls/day......................  25K bbls/day.                       
Rivers & canals......................  1,875 bbls/day.......................  3,750 bbls/day......................  7,500 bbls/day.                     
February 18, 2003                                                                                                                                       
All except rivers & canals & Great     TBD..................................  TBD.................................  TBD                                 
 Lakes.                                                                                                                                                 
Great Lakes..........................  TBD..................................  TBD.................................  TBD                                 
Rivers & canals......................  TBD..................................  TBD.................................  TBD                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.                                                    
K = Thousand                                                                                                                                            
bbls = Barrels                                                                                                                                          
TBD = To be determined                                                                                                                                  



[[Page 422]]

[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]

 Appendix C to Part 155--Training Elements for Oil Spill Response Plans

                               1. General

    1.1  The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing the Oil Pollution Act of 1990, 
specifically included training as one of the sections required in a 
vessel or facility response plan. In reviewing submitted response plans, 
it has been noted that the plans often do not provide sufficient 
information in the training section of the plan for either the user or 
the reviewer of the plan. In some cases, plans simply state that the 
crew and others will be training in their duties and responsibilities, 
with no other information being provided. In other plans, information is 
simply given that required parties will receive the necessary worker 
safety training (HAZWOPER).
      1.2  The training section of the plan need not be a detailed 
course syllabus, but it must contain sufficient information to allow the 
user and reviewer (or evaluator) to have an understanding of those areas 
that are believed to be critical. Plans should identify key skill areas 
and the training that is required to ensure that the individual 
identified will be capable of performing the duties prescribed to them. 
It should also describe how the training will be delivered to the 
various personnel. Further, this section of the plan must work in 
harmony with those sections of the plan dealing with exercises, the 
spill management team, and the qualified individual.
    1.3  The material in this appendix C is not all-inclusive and is 
provided for guidance only.

                       2. Elements to be Addressed

    2.1  To assist in the preparation of the training section of a 
vessel response plan, some of the key elements that should be addressed 
are indicated in the following sections. Again, while it is not 
necessary that the comprehensive training program for the company be 
included in the response plan, it is necessary for the plan to convey 
the elements that define the program as appropriate.
    2.2  An effective spill response training program should consider 
and address the following:
    2.2.1  Notification requirements and procedures.
    2.2.2  Communication system(s) used for the notifications.
    2.2.3  Procedures to mitigate or prevent any discharge or a 
substantial threat of a discharge of oil resulting from--
    2.2.3.1  Operational activities associated with internal or external 
cargo transfers;
    2.2.3.2   Grounding or stranding;
    2.2.3.3  Collision;
    2.2.3.4  Explosion or fire;
    2.2.3.5  Hull failure;
    2.2.3.6  Excessive list; or
    2.2.3.7  Equipment failure.
    2.2.4  Procedures and arrangements for emergency towing.
    2.2.5  When performing shipboard mitigation measures--
    2.2.5.1  Ship salvage procedures;
    2.2.5.2  Damage stability; and
    2.2.5.3  Hull stress considerations.
    2.2.6  Procedures for transferring responsibility for direction of 
response activities from vessel and facility personnel to the spill 
management team.
    2.2.7  Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
and activate such organizations.
    2.2.8  Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.9  Familiarity with the Area Contingency Plans.
    2.2.10  Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.11  Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.12  Responsibilities and authority of the qualified individual 
as described in the vessel response plan and company response 
organization.
    2.2.13  Responsibilities of designated individuals to initiate a 
response and supervise shore-based response resources.
    2.2.14  Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.15  Information on the cargoes handled by the vessel or 
facility, including familiarity with--
    2.2.15.1  Cargo material safety data sheets;
    2.2.15.2  Chemical characteristics of the cargo;
    2.2.15.3  Special handling procedures for the cargo;
    2.2.15.4  Health and safety hazards associated with the cargo; and
    2.2.15.5  Spill and firefighting procedures for the cargo.
    2.2.16  Occupational Safety and Health Administration requirements 
for worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the response plan, some further 
considerations are

[[Page 423]]

noted below (these points are raised simply as a reminder):
    3.1  The training program should focus on training provided to 
vessel personnel.
    3.2  An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring that 
training is tailored to the needs of the individuals involved in the 
program.
    3.3  An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4  The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individuals as 
specified in the response plan.
    3.5  Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the vessel response plan.
    3.6  Training may be delivered via a number of different means; 
including classroom sessions, group discussions, video tapes, self study 
workbooks, resident training courses, on-the-job training, or other 
means as deemed appropriate to ensure proper instruction.
    3.7  New employees should complete the training program prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some vessels and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their vessels.

[CGD 91-034, 61 FR 1107, Jan. 12, 1996]



PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS--Table of Contents




        Subpart A--Oil and Hazardous Material Transfer Operations

Sec.
156.100  Applicability.
156.105  Definitions.
156.107  Alternatives.
156.110  Exemptions.
156.111  Incorporation by reference.
156.112  Suspension order.
156.113  Compliance with suspension order.
156.115  Person in charge: Limitations.
156.118  Advance notice of transfer.
156.120  Requirements for transfer.
156.125  Discharge cleanup.
156.130  Connection.
156.150  Declaration of inspection.
156.160  Supervision by person in charge.
156.170  Equipment tests and inspections.

  Subpart B--Special Requirements for Lightering of Oil and Hazardous 
                            Material Cargoes

156.200  Applicability.
156.205  Definitions.
156.210  General.
156.215  Pre-arrival notices.
156.220  Reporting of incidents.
156.225  Designation of lightering zones.
156.230  Factors considered in designating lightering zones.

Subpart C--Lightering Zones and Operational Requirements for the Gulf of 
                                 Mexico

156.300  Designated lightering zones.
156.310  Prohibited areas.
156.320  Maximum operating conditions.
156.330  Operations.

    Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C. 3703a. 
Subparts B and C are also issued under 46 U.S.C. 3715.



        Subpart A--Oil and Hazardous Material Transfer Operations



Sec. 156.100  Applicability.

    This subpart applies to the transfer of oil or hazardous material on 
the navigable waters or contiguous zone of the United States to, from, 
or within each vessel with a capacity of 250 barrels or more; except 
that, this subpart does not apply to transfer operations within a public 
vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 156.105   Definitions.

    Except as specifically stated in a section, the definitions in 
Sec. 154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 156.107  Alternatives.

    (a) The COTP may consider and approve alternative procedures, 
methods, or equipment standards to be used by a vessel or facility 
operator in lieu of any requirements in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;

[[Page 424]]

    (2) The vessel or facility operator submits a written request for 
the alternative at least 30 days before operations under the alternative 
are proposed, unless the COTP authorizes a shorter time; and
    (3) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request.
    (b) The COTP takes final approval or disapproval action on any 
alternative requested, in writing, within 30 days of receipt of the 
request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.110  Exemptions.

    (a) The Assistant Commandant for Marine Safety and Environmental 
Protection, acting for the Commandant, may grant an exemption or partial 
exemption from compliance with any requirement in this part, and the 
District Commander may grant an exemption or partial exemption from 
compliance with any operating condition or requirement in subpart C of 
this part, if:
    (1) The vessel or facility operator submits an application for 
exemption via the COTP at least 30 days before operations under the 
exemption are proposed, unless the COTP authorizes a shorter time; and
    (2) It is determined, from the application, that:
    (i) Compliance with a specific requirement is economically or 
physically impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
as a result of the exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and reasons for the exemption and proposed procedures, 
methods or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety and Environmental Protection 
is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 93-081, 
60 FR 45017, Aug. 29, 1995; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 
93-056, 61 FR 41461, Aug. 8, 1996; CGD 97-023, 62 FR 33364, June 19, 
1997]



Sec. 156.111  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of the change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard, 
Office of Compliance (G-MOC), 2100 Second Street, SW, Washington, DC 
20593-0001 and is available from the sources indicated in paragraph (b) 
of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are as follows:

            Oil Companies International Marine Forum (OCIMF)

    15th Floor, 96 Victoria Street, London SW1E 5JW, England.
    Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988--
156.330.

                    International Chamber of Shipping

    12 Carthusian Street, London EC1M 6EB, England.
    Guide to Helicopter/Ship Operations, Third Edition, 1989--156.330.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 156.112  Suspension order.

    The COTP or OCMI may issue a suspension order to suspend transfer 
operations to the vessel or facility operator when the COTP or OCMI 
finds there is a condition requiring action to prevent the discharge or 
threat of discharge of

[[Page 425]]

oil or hazardous material, or when the COTP or OCMI is unable to verify 
compliance with the regulations through an inspection. A suspension 
order:
    (a) May be effective immediately;
    (b) Is issued in writing unless it is effective immediately and then 
it may be issued orally and followed up in writing;
    (c) Includes a statement of each condition requiring correction to--
    (1) Prevent the discharge of oil or hazardous material; or
    (2) Comply with Sec. 154.735 of this chapter; and
    (d) Is withdrawn when the COTP, OCMI, or District Commander, as 
applicable, determines that the condition requiring action to prevent 
the discharge or threat of discharge of oil or hazardous material has 
been corrected or no longer exists.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.113  Compliance with suspension order.

    (a) No vessel or facility operator to whom a suspension order has 
been issued may conduct transfer operations from the time the order is 
effective until that order is withdrawn by the applicable COTP, OCMI, or 
by the District Commander.
    (b) The vessel or facility operator may request reconsideration of 
the suspension order either orally or in writing to the COTP or OCMI who 
issued it. The request may contain supporting documentation and evidence 
that the vessel or facility operator wishes to have considered.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the suspension 
order was issued. The appeal may contain supporting documentation and 
evidence that the appellant wishes to have considered. The appeal does 
not stay the effect of the suspension order while the COTP or OCMI 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal.
    (d) The ruling by the District Commander is final agency action.
    (e) If the delay in presenting a written appeal under paragraph (c) 
of this section would have a significant adverse impact on the 
appellant, the appeal may initially be presented orally. If an initial 
presentation of the appeal is made orally, the appellant must submit the 
appeal in writing within five days of the oral presentation to the 
District Commander to whom the oral appeal was made, containing, at a 
minimum the basis for the appeal and a summary of the material presented 
orally.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.115  Person in charge: Limitations.

    (a) No person may serve as the person in charge of transfer 
operations on more than one vessel at a time during transfers between 
vessels or between two or more vessels and a facility unless authorized 
by the COTP.
    (b) No person may serve as the person in charge of both a vessel and 
a facility during transfer operations unless authorized by the COTP.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.118  Advance notice of transfer.

    (a) The COTP may require a facility operator to notify the COTP of 
the time and place of each transfer operation at least 4 hours before it 
begins for facilities that:
    (1) Are mobile;
    (2) Are in a remote location;
    (3) Have a prior history of oil or hazardous material spills; or
    (4) Conduct infrequent transfer operations.
    (b) In the case of a vessel to vessel transfer, the COTP may require 
a vessel operator of a lightering or fueling vessel to notify the COTP 
of the time and place of each transfer operation, as specified by the 
COTP, at least 4 hours before it begins.
    (c) No person may conduct such transfer operations until advance 
notice has been given as specified by the COTP.


[[Page 426]]


    Note: The notification may be accomplished by submitting a written 
schedule, periodically updated to be current.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.120  Requirements for transfer.

    A transfer is considered to begin when the person in charge on the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection, as required by Sec. 156.150 of this part. No 
person shall conduct an oil or hazardous material transfer operation 
unless:
    (a) The vessel's moorings are strong enough to hold during all 
expected conditions of surge, current, and weather and are long enough 
to allow adjustment for changes in draft, drift, and tide during the 
transfer operation;
    (b) Transfer hoses and loading arms are long enough to allow the 
vessel to move to the limits of its moorings without placing strain on 
the hose, loading arm, or transfer piping system;
    (c) Each hose is supported to prevent kinking or other damage to the 
hose and strain on its coupling.
    (d) Each part of the transfer system is aligned to allow the flow of 
oil or hazardous material;
    (e) Each part of the transfer system not necessary for the transfer 
operation is securely blanked or shut off;
    (f) The end of each hose and loading arm that is not connected for 
the transfer of oil or hazardous material is blanked off using the 
closure devices required by Secs. 154.520 and 155.805 of this chapter;
    (g) The transfer system is attached to a fixed connection on the 
vessel and the facility except that when a vessel is receiving fuel, an 
automatic back pressure shutoff nozzle may be used;
    (h) Each overboard discharge or sea suction valve that is connected 
to the vessel's transfer or cargo tank system is sealed or lashed in the 
closed position; except when used to receive or discharge ballast in 
compliance with 33 CFR Part 157;
    (i) Each transfer hose has no unrepaired loose covers, kinks, 
bulges, soft spots, or any other defect which would permit the discharge 
of oil or hazardous material through the hose material and no gouges, 
cuts, or slashes that penetrate the first layer of hose reinforcement 
(``reinforcement'' means the strength members of the hose, consisting of 
fabric, cord and/or metal);
    (j) Each hose or loading arm in use meets Secs. 154.500 and 154.510 
of this chapter, respectively;
    (k) Each connection meets Sec. 156.130;
    (l) Any monitoring devices required by Sec. 154.525 of this chapter 
are installed and operating properly;
    (m) The discharge containment equipment required by Sec. 154.545 of 
this chapter is readily accessible or deployed as applicable;
    (n) The discharge containment required by Secs. 154.530, 155.310, 
and 155.320 of this chapter, as applicable, is in place and periodically 
drained to provide the required capacity;
    (o) Each drain and scupper is closed by the mechanical means 
required by Sec. 155.310;
    (p) All connections in the transfer system are leak free except that 
a component in the transfer system, such as the packing glands of a 
pump, may leak at a rate that does not exceed the capacity of the 
discharge containment provided during the transfer operation;
    (q) The communications required by Secs. 154.560 and 155.785 of this 
chapter are operable for the transfer operation;
    (r) The emergency means of shutdown required by Secs. 154.550 and 
155.780 of this chapter, as applicable, is in position and operable;
    (s) There is a person in charge on the transferring vessel or 
facility and the receiving vessel or facility except as otherwise 
authorized under Sec. 156.115;
    (t) Each person in charge required by paragraph (s) of this section:
    (1) Is at the site of the transfer operation and immediately 
available to the transfer personnel;
    (2) Has in his or her possession a copy of the facility operations 
manual or vessel transfer procedures, as appropriate; and
    (3) Conducts the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;

[[Page 427]]

    (u) The personnel required, under the facility operations manual and 
the vessel transfer procedures, to conduct the transfer operation:
    (1) Are on duty; and
    (2) Conduct the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;
    (v) At least one person is at the site of the transfer operation who 
fluently speaks the language or languages spoken by both persons in 
charge;
    (w) The person in charge of the transfer on the transferring vessel 
or facility and the person in charge of it on the receiving vessel or 
facility have held a conference, to ensure that each person in charge 
understands--
    (1) The identity of the product to be transferred;
    (2) The sequence of transfer operations;
    (3) The transfer rate;
    (4) The name or title and location of each person participating in 
the transfer operation;
    (5) Details of the transferring and receiving systems including 
procedures to ensure that the transfer pressure does not exceed the 
maximum allowable working pressure (MAWP) for each hose assembly, 
loading arm and/or transfer pipe system;
    (6) Critical stages of the transfer operation;
    (7) Federal, state, and local rules that apply to the transfer of 
oil or hazardous material;
    (8) Emergency procedures;
    (9) Discharge containment procedures;
    (10) Discharge reporting procedures;
    (11) Watch or shift arrangement;
    (12) Transfer shutdown procedures; and,
    (13) If the persons use radios, a predetermined frequency for 
communications during the transfer, agreed upon by both.
    (x) The person in charge of transfer operations on the transferring 
vessel or facility and the person in charge of transfer operations on 
the receiving vessel or facility agree to begin the transfer operation;
    (y) Between sunset and sunrise the lighting required by 
Secs. 154.570 and 155.790 of this chapter is provided; and
    (z) For transfer operations between tank barges from sunset to 
sunrise, lighting is provided as described in Sec. 155.790 of this 
chapter.
    (aa) A transfer operation which includes collection of vapor emitted 
from a vessel's cargo tanks through a venting system not located on the 
vessel must have the following verified by the person in charge:
    (1) Each manual valve in the vapor collection system is correctly 
positioned to allow the collection of cargo vapor;
    (2) A vapor collection hose or arm is connected to the vessel's 
vapor connection;
    (3) The electrical insulating device required by Sec. 154.810(g) of 
this chapter or 46 CFR 39.40-3(c) is fitted between the facility vapor 
connection and the vessel vapor connection;
    (4) The initial loading rate and the maximum transfer rate are 
determined;
    (5) The maximum and minimum operating pressures at the facility 
vapor connection are determined;
    (6) The tank barge overfill control system, if installed, is 
connected to the facility, tested, and operating properly;
    (7) The following have been performed not more than 24 hours prior 
to the start of the transfer operation:
    (i) Each alarm and automatic shutdown system required by subpart E 
of part 154 of this chapter and 46 CFR part 39 has been tested and found 
to be operating properly, and
    (ii) Analyzers required by Sec. 154.820(a), Sec. 154.824 (d) and (e) 
of this chapter or 46 CFR 39.40-3(a) have been checked for calibration 
by use of a span gas;
    (8) Each vapor recovery hose has no unrepaired loose covers, kinks, 
bulges, soft spots, or any other defect which would permit the discharge 
of vapor through the hose material, and no external gouges, cuts, or 
slashes that penetrate the first layer of hose reinforcement; and
    (9) The oxygen content of the vessel's cargo tanks, if inerted, is 
at or below 8 percent by volume.
    (bb) If the transfer operation involves loading oil, as defined in 
Sec. 151.05 of this chapter, into a cargo tank, the overfill device 
required by Sec. 155.480 of this chapter is installed and operating 
properly.

[[Page 428]]

    (cc) Smoking is not permitted in the facilities marine transfer area 
except in designated smoking areas.
    (dd) Welding, hot work operations and smoking are prohibited on 
vessels during the transfer of flammable or combustible materials, 
except that smoking may be permitted in accommodation areas designated 
by the master.

(Approved by the Office of Management and Budget under control number 
2115-0506)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 90-
071a, 59 FR 53291, Oct. 21, 1994; CGD 93-056, 61 FR 41461, Aug. 8, 1996; 
CGD 79-116, 62 FR 25127, May 8, 1997]



Sec. 156.125  Discharge cleanup.

    (a) Each person conducting the transfer operation shall stop the 
transfer operation whenever oil or hazardous material from any source is 
discharged:
    (1) In the transfer operation work area; or
    (2) Into the water or upon the adjoining shoreline in the transfer 
area.
    (b) Except as permitted under paragraph (c) of this section, no 
person may resume the transfer operation after it has been stopped under 
paragraph (a) of this section, unless:
    (1) Oil or hazardous material discharged in the transfer operation 
work area is cleaned up; and
    (2) Oil or hazardous material discharged into the water or upon the 
adjoining shoreline is cleaned up, or is contained and being cleaned up.
    (c) The COTP may authorize resuming the transfer operation if it is 
deemed appropriate.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.130  Connection.

    (a) Each person who makes a connection for transfer operations 
shall:
    (1) Use suitable material in joints and couplings to ensure a leak-
free seal;
    (2) Use a bolt in at least every other hole, and in no case less 
than four bolts, in each temporary bolted connection that uses a flange 
that meets American National Standards Institute (ANSI) standard flange 
requirements under Sec. 154.500(d)(2) of this chapter;
    (3) Use a bolt in each hole in each temporary bolted connection that 
uses a flange other than one that meets ANSI standards;
    (4) Use a bolt in each hole of each permanently connected flange;
    (5) Use bolts of the correct size in each bolted connection; and
    (6) Tighten each bolt and nut uniformly to distribute the load and 
sufficiently to ensure a leak free seal.
    (b) A person who makes a connection for transfer operations must not 
use any bolt that shows signs of strain or is elongated or deteriorated.
    (c) Except as provided in paragraph (d) of this section, no person 
may use a connection for transfer operations unless it is:
    (1) A bolted or full threaded connection; or
    (2) A quick-connect coupling acceptable to the Commandant.
    (d) No person may transfer oil or hazardous material to a vessel 
that has a fill pipe for which containment cannot practically be 
provided unless an automatic back pressure shutoff nozzle is used.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.150  Declaration of inspection.

    (a) No person may transfer oil or hazardous material to or from a 
vessel unless each person in charge, designated under Secs. 154.710 and 
155.700 of this chapter, has filled out and signed the declaration of 
inspection form described in paragraph (c) of this section.
    (b) No person in charge may sign the declaration of inspection 
unless he or she has determined by inspection, and indicated by 
initialling in the appropriate space on the declaration of inspection 
form, that the facility or vessel, as appropriate, meets Sec. 156.120.
    (c) The declaration of inspection may be in any form but must 
contain at least:
    (1) The name or other identification of the transferring vessel or 
facility and the receiving vessel or facility;
    (2) The address of the facility or location of the transfer 
operation if not at a facility;

[[Page 429]]

    (3) The date and time the transfer operation is started;
    (4) A list of the requirements in Sec. 156.120 with spaces on the 
form following each requirement for the person in charge of the vessel 
or facility to indicate by initialling that the requirement is met for 
the transfer operation; and
    (5) A space for the date, time of signing, signature, and title of 
each person in charge during transfer operations on the transferring 
vessel or facility and a space for the date, time of signing, signature, 
and title of each person in charge during transfer operations on the 
receiving facility or vessel certifying that all tests and inspections 
have been completed and that they are both ready to begin transferring 
product; and
    (6) The date and time the transfer operation is completed.
    (d) The form for the declaration of inspection may incorporate the 
declaration-of-inspection requirements under 46 CFR 35.35-30.
    (e) The vessel and facility persons in charge shall each have a 
signed copy of the declaration of inspection available for inspection by 
the COTP during the transfer operation.
    (f) The operators of each vessel and facility engaged in the 
transfer operation shall retain a signed copy of the declaration of 
inspection on board the vessel or at the facility for at least 1 month 
from the date of signature.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996]



Sec. 156.160  Supervision by person in charge.

    (a) No person may connect or disconnect a hose, top off a tank, or 
engage in any other critical procedures during the transfer operation 
unless the person in charge, required by Sec. 156.120(s), supervises 
that procedure.
    (b) No person may start the flow of oil or hazardous material to or 
from a vessel unless instructed to do so by either person in charge.
    (c) No person may transfer oil or hazardous material to or from a 
vessel unless each person in charge is in the immediate vicinity and 
immediately available to the transfer personnel.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.170  Equipment tests and inspections.

    (a) Except as provided in paragraph (d) of this section, no person 
may use any equipment listed in paragraph (c) of this section for 
transfer operations unless the vessel or facility operator, as 
appropriate, tests and inspects the equipment in accordance with 
paragraphs (b), (c) and (f) of this section and the equipment is in the 
condition specified in paragraph (c) of this section.
    (b) During any test or inspection required by this section, the 
entire external surface of the hose must be accessible.
    (c) For the purpose of paragraph (a) of this section:
    (1) Each nonmetallic transfer hose must:
    (i) Have no unrepaired loose covers, kinks, bulges, soft spots or 
any other defect which would permit the discharge of oil or hazardous 
material through the hose material, and no gouges, cuts or slashes that 
penetrate the first layer of hose reinforcement as defined in 
Sec. 156.120(i).
    (ii) Have no external deterioration and, to the extent internal 
inspection is possible with both ends of the hose open, no internal 
deterioration;
    (iii) Not burst, bulge, leak, or abnormally distort under static 
liquid pressure at least 1\1/2\ times the maximum allowable working 
pressure; and
    (iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of 
this section may be acceptable after a static liquid pressure test is 
successfully completed in the presence of the COTP. The test medium is 
not required to be water.
    (2) Each transfer system relief valve must open at or below the 
pressure at which it is set to open;
    (3) Each pressure gauge must show pressure within 10 percent of the 
actual pressure;

[[Page 430]]

    (4) Each loading arm and each transfer pipe system, including each 
metallic hose, must not leak under static liquid pressure at least 1\1/
2\ times the maximum allowable working pressure; and
    (5) Each item of remote operating or indicating equipment, such as a 
remotely operated valve, tank level alarm, or emergency shutdown device, 
must perform its intended function.
    (d) No person may use any hose in underwater service for transfer 
operations unless the operator of the vessel or facility has tested and 
inspected it in accordance with paragraph (c)(1) or (c)(4) of this 
section, as applicable.
    (e) The test fluid used for the testing required by this section is 
limited to liquids that are compatible with the hose tube as recommended 
by the hose manufacturer.
    (f) The frequency of the tests and inspections required by this 
section must be:
    (1) For facilities, annually or not less than 30 days prior to the 
first transfer conducted past one year from the date of the last tests 
and inspections;
    (2) For a facility in caretaker status, not less than 30 days prior 
to the first transfer after the facility is removed from caretaker 
status; and
    (3) For vessels, annually or as part of the biennial and mid-period 
inspections.
    (g) If a facility or vessel collects vapor emitted from a vessel 
cargo tank with a vapor control system, the system must not be used 
unless the following tests and inspections are satisfactorily completed:
    (1) Each vapor hose, vapor collection arm, pressure or vacuum relief 
valve, and pressure sensor is tested and inspected in accordance with 
paragraphs (b), (c), and (f) of this section;
    (2) Each remote operating or indicating device is tested for proper 
operation in accordance with paragraph (f) of this section;
    (3) Each detonation arrester required by Sec. 154.820, 
Sec. 154.826(a), and Sec. 154.828(a) of this chapter or 46 CFR 39.40-
3(d), and each flame arrester required by Sec. 154.826(a), Sec. 154.828 
(a) and (c) of this chapter has been inspected internally within the 
last year, or sooner if operational experience has shown that frequent 
clogging or rapid deterioration is likely; and
    (4) Each hydrocarbon and oxygen analyzer required by Sec. 154.820(a) 
and Sec. 154.824 (d) and (e) of this chapter or 46 CFR 39.40-3(a) is 
calibrated:
    (i) Within the previous two weeks, or
    (ii) Within 24 hours prior to operation when the vapor control 
system is operated less frequently than once a week.
    (h) Upon the request of the owner or operator, the COTP may approve 
alternative methods of compliance to the testing requirements of 
paragraph (c) of this section if the COTP determines that the 
alternative methods provide an equal level of protection.

(Approved by the Office of Management and Budget under control number 
2115-0096)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36256, Sept. 4, 1990; CGD 93-
056, 61 FR 41461, Aug. 8, 1996]



  Subpart B--Special Requirements for Lightering of Oil and Hazardous 
                            Material Cargoes

    Source: CGD 78-180, 49 FR 11172, Mar. 26, 1984, unless otherwise 
noted.



Sec. 156.200  Applicability.

    This subpart applies to each vessel to be lightered and each service 
vessel engaged in a lightering operation in the marine environment 
beyond the baseline from which the territorial sea is measured when the 
oil or hazardous material lightered is destined for a port or place 
subject to the jurisdiction of the U.S. This subpart does not apply to 
lightering operations involving public vessels, or to the dedicated 
response vessels and vessels of opportunity in accordance with the 
National Contingency Plan (40 CFR parts 9 and 300) when conducting 
response activities. These rules are in addition to the rules of subpart 
A of this part, as well as the rules in the applicable sections of parts 
151, 153, 155, 156, and 157 of this chapter.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.205  Definitions.

    (a) In addition to the terms defined in this section, the 
definitions in Sec. 154.105 of this chapter apply to this subpart and to 
subpart C.

[[Page 431]]

    (b) As used in this subpart and subpart C:
    Lightering or Lightering operation means the transfer of a cargo of 
oil or a hazardous material in bulk from one vessel to another, 
including all phases of the operation from the beginning of the mooring 
operation to the departure of the service vessel from the vessel to be 
lightered, except when that cargo is intended only for use as fuel or 
lubricant aboard the receiving vessel.
    Marine environment means--
    (1) The navigable waters of the United States;
    (2) The waters of an area over which the United States asserts 
exclusive fishery management authority; and
    (3) The waters superadjacent to the Outer Continental Shelf of the 
United States.
    Service vessel means the vessel which receives a cargo of oil or a 
hazardous material from another vessel in a lightering operation.
    Vessel to be lightered means the vessel which transports a cargo of 
oil or a hazardous material to a place within the marine environment for 
transfer of that cargo to another vessel for further transport to a port 
or place subject to the jurisdiction of the United States. The term 
``vessel to be lightered'' does not include drilling rigs, or offshore 
supply vessels transferring cargo intended for use as fuel or lubricant 
aboard the receiving vessel.
    Work includes any administrative duties associated with the vessel 
whether performed on board the vessel or onshore.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 90-052, 58 FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.210  General.

    (a) No vessel may transfer oil or hazardous materials in a port or 
place subject to the jurisdiction of the United States, if the cargo has 
been lightered from another vessel, unless:
    (1) The regulations in this subpart have been complied with;
    (2) Both the vessel to be lightered and service vessel have, on 
board, at the time of transfer, a valid Certificate of Inspection, 
Certificate of Compliance, or a Tank Vessel Examination Letter, as would 
have been required under 46 U.S.C. 3710 or 3711, had the transfer taken 
place in a port or place subject to the jurisdiction of the United 
States; and
    (3) The delivering and receiving vessels have on board at the time 
of transfer, evidence that each vessel is operating in compliance with 
section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)) and applicable regulations issued under the authority of 
section 311(j) in the form of a Declaration of Inspection as required by 
Sec. 156.150 and a vessel response plan if required under part 155 of 
this chapter.

    Note: Under 46 U.S.C. 3715, the delivering and receiving vessels 
must have on board at the time of transfer, a Certificate of Financial 
Responsibility that would be required if the transfer had taken place in 
a location subject to the jurisdiction of the U.S. Regulations 
concerning Certificates of Financial Responsibility for vessels using 
the navigable waters of the U.S. are in part 130 of this chapter.

    (4) The vessel to be lightered has on board, at the time of 
transfer, an International Oil Pollution Prevention (IOPP) Certificate 
or equivalent documentation of compliance with Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/
78), as would be required by Part 151 of this chapter for vessels in 
navigable waters of the United States. The IOPP Certificate or 
documentation of compliance shall be that prescribed by Secs. 151.19 and 
151.21 of this chapter, and shall be effective under the same timetable 
as specified in Sec. 151.19.
    (b) Lightering operations involving hazardous materials, other than 
oil, may be conducted only with the specific approval of the Commandant. 
A request to lighter hazardous materials, other than oil, must be 
submitted to Commandant (G-M) prior to the planned beginning of 
lightering operations. The request must include the information 
described in Sec. 156.215(a) to the extent known, for the initial 
transfer, and the estimated frequency of subsequent lightering 
operations. After the entry into force of Annex II to

[[Page 432]]

MARPOL 73/78, vessels lightering hazardous materials shall carry an 
International Pollution Prevention Certificate for the Carriage of 
Noxious Liquid Substances in Bulk (1973), if required by Annex II to 
MARPOL 73/78, or equivalent documentation of compliance with the annex.
    (c) In an emergency, the COTP, upon request, may authorize a 
deviation from any rule in this part if the COTP determines that its 
application will endanger persons, property, or the environment.
    (d) On vessels conducting lightering operations in a designated 
lightering zone, a licensed individual or seaman may not work, except in 
an emergency or a drill, more than 15 hours in any 24-hour period, or 
more than 36 hours in any 72-hour period, including the 24-hour and 72-
hour periods prior to commencing lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 29, 1984, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 90-052, 58 FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.215  Pre-arrival notices.

    (a) The master, owner or agent of each vessel to be lightered must 
give at least 24 hours advance notice to the Captain of the Port nearest 
the lightering location or zone, prior to arrival in the lightering 
location or zone. This advance notice must include:
    (1) The vessel's name, call sign or official number, and registry:
    (2) The cargo type (if oil) or shipping name (if hazardous material) 
and approximate amount on board;
    (3) The number of transfers expected and the amount of cargo 
expected to be transferred during each transfer;
    (4) The lightering location or zone to be used;
    (5) The estimated time of arrival in the lightering location or 
zone;
    (6) The estimated duration of transfer operations; and
    (7) The name and destination of service vessel(s).
    (b) In the event the estimated time of arrival in the lightering 
location or zone changes by more than six hours, the Master, owner or 
agent of each vessel to be lightered must advise the Captain of the Port 
of this change as soon as possible.
    (c) Where lightering is conducted as a result of collision, 
grounding, tank rupture or any similar emergency, immediate notice must 
be given to the Captain of the Port.
    (d) In addition to the other requirements in this section, the 
master, owner, or agent of a vessel that requires a Tank Vessel 
Examination (TVE) or other special Coast Guard inspection in order to 
lighter in a designated lightering zone must request the TVE or other 
inspection from the cognizant Captain of the Port at least 72 hours 
prior to commencement of lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 90-052, 58 FR 
48437, Sept. 15, 1993; CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.220  Reporting of incidents.

    (a) An immediate report must be made to the nearest Captain of the 
Port, by the service vessel, if fire, explosion, collision, grounding or 
any similar emergency, which poses a threat to the vessels involved, 
occurs during lightering.
    (b) Any discharge of oil or hazardous material into the water shall 
be reported, by the service vessel, in accordance with the procedures 
specified in Sec. 151.15 of this chapter.



Sec. 156.225  Designation of lightering zones.

    The District Commander is delegated the authority to designate 
lightering zones and their operating requirements, where they are 
necessary for safety or environmental protection. When a lightering zone 
has been designated, lightering operations in a given geographic area 
may only be conducted within the designated lightering zone.



Sec. 156.230  Factors considered in designating lightering zones.

    The following factors are considered in designating a lightering 
zone:
    (a) The findings of the environmental analysis or, if prepared, the 
Environmental Impact Statement;
    (b) The proximity of the zone to:
    (1) Shipping lanes;
    (2) Vessel traffic schemes or vessel separation systems;
    (3) Anchorages;

[[Page 433]]

    (4) Fixed structures;
    (5) Designated marine sanctuaries;
    (6) Commercial and recreational fishing areas;
    (7) Environmentally sensitive areas; and
    (8) Designated units of the National Park System, National Wild and 
Scenic Rivers System, National Wilderness Preservation System, 
properties included on the National Register of Historic Places and 
National Registry of Natural Landmarks, and National Wildlife Refuge 
System.
    (c) The traditional use of areas for lightering operations;
    (d) The normal weather and sea conditions in the areas, and their 
effect on lightering operations, and the fate of possible cargo 
discharges;
    (e) The depth of water and underwater obstructions that may 
adversely impact anchorages and clearance of vessels;
    (f) Other relevant safety, environmental, or economic data.



Subpart C--Lightering Zones and Operational Requirements for the Gulf of 
                                 Mexico

    Source: CGD 93-081, 60 FR 45017, Aug. 29, 1995, unless otherwise 
noted.



Sec. 156.300  Designated lightering zones.

    The following lightering zones are designated in the Gulf of Mexico 
and are more than 60 miles from the baseline from which the territorial 
sea is measured:
    (a) Southtex--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.40'00'',                      93 deg.00'00'', thence to          
27 deg.40'00'',                      94 deg.35'00'', thence to          
28 deg.06'30'',                      94 deg.35'00'', thence to          
27 deg.21'00'',                      96 deg.00'00'', thence to          
26 deg.30'00'',                      96 deg.00'00'', thence to          
26 deg.30'00'',                      93 deg.00'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)
    (b) Gulfmex No. 2--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.53'00'',                      89 deg.00'00'', thence to          
27 deg.53'00'',                      91 deg.30'00'', thence to          
26 deg.30'00'',                      91 deg.30'00'', thence to          
26 deg.30'00'',                      89 deg.00'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)
    (c) Offshore Pascagoula No. 2--lightering zone. This lightering zone 
and the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
29 deg.20'00'',                      87 deg.00'00'', thence to          
29 deg.12'00'',                      87 deg.45'00'', thence to          
28 deg.39'00'',                      88 deg.00'00'', thence to          
28 deg.00'00'',                      88 deg.00'00'', thence to          
28 deg.00'00'',                      87 deg.00'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)
    (d) South Sabine Point--lightering zone. This lightering zone and 
the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
28 deg.30'00'',                      92 deg.38'00'', thence to          
28 deg.44'00'',                      93 deg.24'00'', thence to          
28 deg.33'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      92 deg.38'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)



Sec. 156.310  Prohibited areas.

    Lightering operations are prohibited within the following areas in 
the Gulf of Mexico:
    (a) Claypile--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
28 deg.15'00'',                      94 deg.35'00'', thence to          
27 deg.40'00'',                      94 deg.35'00'', thence to          

[[Page 434]]

                                                                        
27 deg.40'00'',                      94 deg.00'00'', thence to          
28 deg.33'00'',                      94 deg.00'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)
    (b) Flower Garden--prohibited area. This prohibited area consists of 
the waters bounded by a line connecting the following points beginning 
at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.40'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      92 deg.38'00'', thence to          
28 deg.30'00'',                      92 deg.38'00'', thence to          
28 deg.15'00'',                      91 deg.30'00'', thence to          
27 deg.40'00'',                      91 deg.30'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)
    (c) Ewing--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.53'00'',                      91 deg.30'00'', thence to          
28 deg.15'00'',                      91 deg.30'00'', thence to          
28 deg.15'00'',                      90 deg.10'00'', thence to          
27 deg.53'00'',                      90 deg.10'00'', and thence to the  
                                      point of beginning.               
                                                                        

(NAD 83)



Sec. 156.320  Maximum operating conditions.

    Unless otherwise specified, the maximum operating conditions in this 
section apply to tank vessels operating within the lightering zones 
designated in this subpart.
    (a) A tank vessel shall not attempt to moor alongside another vessel 
when either of the following conditions exist:
    (1) The wind velocity is 56 km/hr (30 knots) or more; or
    (2) The wave height is 3 meters (10 feet) or more.
    (b) Cargo transfer operations shall cease and transfer hoses shall 
be drained when--
    (1) The wind velocity exceeds 82 km/hr (44 knots); or
    (2) Wave heights exceed 5 meters (16 feet).



Sec. 156.330  Operations.

    (a) Unless otherwise specified in this subpart, or when otherwise 
authorized by the cognizant Captain of the Port (COTP) or District 
Commander, the master of a vessel lightering in a zone designated in 
this subpart shall ensure that all officers and appropriate members of 
the crew are familiar with the guidelines in paragraphs (b) and (c) of 
this section and that the requirements of paragraphs (d) through (l) of 
this section are complied with.
    (b) Lightering operations should be conducted in accordance with the 
Oil Companies International Marine Forum Ship to Ship Transfer Guide 
(Petroleum), Second Edition, 1988, to the maximum extent practicable.
    (c) Helicopter operations should be conducted in accordance with the 
International Chamber of Shipping Guide to Helicopter/Ship Operations, 
Third Edition, 1989, to the maximum extent practicable.
    (d) The vessel to be lightered shall make a voice warning prior to 
the commencement of lightering activities via channel 13 VHF and 2182 
Khz. The voice warning shall include:
    (1) The names of the vessels involved;
    (2) The vessels' geographical positions and general headings;
    (3) A description of the operations;
    (4) The expected time of commencement and duration of the operation; 
and
    (5) Request for wide berth.
    (e) In the event of a communications failure between the lightering 
vessels or the respective persons-in-charge of the transfer, or an 
equipment failure affecting the vessel's cargo handling capability or 
ship's maneuverability, the affected vessel shall suspend lightering 
activities and shall sound at least five short, rapid blasts on the 
vessel's whistle. Lightering activities shall remain suspended until 
corrective action has been completed.
    (f) No vessel involved in a lightering operation may open its cargo 
system until the servicing vessel is securely moored alongside the 
vessel to be lightered.
    (g) If any vessel not involved in the lightering operation or 
support activities approaches within 100 meters of vessels engaged in 
lightering, the vessel engaged in lightering shall warn the approaching 
vessel by sounding a loud

[[Page 435]]

hailer, ship's whistle, or any other appropriate means.
    (h) Only a lightering tender, a supply boat, or a crew boat, 
equipped with a spark arrestor on its exhaust, or a tank vessel 
providing bunkers, may moor alongside a vessel engaged in lightering 
operations.
    (i) Lightering operations shall not be conducted within 1 nautical 
mile of offshore structures or mobile offshore drilling units.
    (j) No vessel engaged in lightering activities may anchor over 
charted pipelines, artificial reefs, or historical resources.
    (k) All vessels engaged in lightering activities shall be able to 
immediately maneuver at all times while inside a designated lightering 
zone. The main propulsion system must not be disabled at any time.
    (l) In preparing to moor alongside the vessel to be lightered, a 
service vessel shall not approach the vessel to be lightered closer than 
1000 meters unless the service vessel is positioned broad on the quarter 
of the vessel to be lightered. The service vessel must transition to a 
nearly parallel heading prior to closing to within 50 meters of the 
vessel to be lightered.



PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK--Table of Contents




                           Subpart A--General

Sec.
157.01  Applicability.
157.02  Incorportion by reference.
157.03  Definitions.
157.04  Authorization of classification societies.
157.05  Performing calculations for this part.
157.06  Appeals.
157.07  Equivalents.

             Subpart B--Design, Equipment, and Installation

157.08  Applicability of Subpart B.
157.09  Segregated ballast.
157.10  Segregated ballast tanks and crude oil washing systems for 
          certain new vessels.
157.10a  Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          vessels of 40,000 DWT or more.
157.10b  Segregated ballast tanks, dedicated clean ballast tanks, and 
          special ballast arrangements for tank vessels transporting 
          Outer Continental Shelf oil.
157.10c  Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          tankships of 20,000 to 40,000 DWT.
157.10d  Double hulls on tank vessels.
157.11  Pumping, piping, and discharge arrangements.
157.12  Cargo monitor and control system.
157.13  Designated observation area.
157.15  Slop tanks in tank vessels.
157.17  Oily residue tank.
157.19  Cargo tank arrangement and size.
157.21  Subdivision and stability.
157.23  Cargo and ballast system information.
157.24  Submission of calculations, plans, and specifications.
157.24a  Submission of calculations, plans, and specifications for 
          existing vessels installing segregated ballast tanks.

                       Subpart C--Vessel Operation

157.25  Applicability of subpart C.
157.26  Operation of a tank vessel in violation of regulations.
157.27  Discharges: Tank vessels carrying oil exclusively on rivers, 
          lakes, bays, sounds, and the Great Lakes, and seagoing tank 
          vessels of less than 150 gross tons.
157.28  Discharges from tank barges exempted from certain design 
          requirements.
157.29  Discharges: Seagoing tank vessels of 150 gross tons or more.
157.31  Discharges: Chemical additives.
157.33  Water ballast in oil fuel tanks.
157.35  Ballast added to cargo tanks.
157.37  Discharge of cargo residue.
157.39  Machinery space bilges.
157.41  Emergencies.
157.43  Discharges of clean and segregated ballast: Seagoing tank 
          vessels of 150 gross tons or more.
157.45  Valves in cargo or ballast piping system.
157.47  Information for master.
157.49  Instruction manual.

        Subpart D--Crude Oil Washing (COW) System on Tank Vessels

                                 General

157.100  Plans for U.S. tank vessels: Submission.
157.102  Plans for foreign tank vessels: Submission.
157.104  Scale models.
157.106  Letter of acceptance.
157.108  Crude Oil Washing Operations and Equipment Manual for U.S. tank 
          vessels: Submission.

[[Page 436]]

157.110  Crude Oil Washing Operations and Equipment Manual for foreign 
          tank vessels: Submission.
157.112  Approved Crude Oil Washing Operations and Equipment Manual.
157.114  Crude Oil Washing Operations and Equipment Manual: Not 
          approved.
157.116  Required documents: U.S. tank vessels.
157.118  Required documents: Foreign tank vessels.
157.120  Waiver of required documents.

                   Design, Equipment, and Installation

157.122  Piping, valves, and fittings.
157.124  COW tank washing machines.
157.126  Pumps.
157.128  Stripping system.
157.130  Crude oil washing with more than one grade of crude oil.
157.132  Cargo tanks: Hydrocarbon vapor emissions.
157.134  Cargo tank drainage.
157.136  Two-way voice communications.
157.138  Crude Oil Washing Operations and Equipment Manual.

                               Inspections

157.140  Tank vessel inspections.
157.142  Letter of acceptance: Inspections.
157.144  Tank vessels of the same class: Inspections.
157.146  Similar tank design: Inspections on U.S. tank vessels.
157.147  Similar tank design: Inspections on foreign tank vessels.
157.148  COW system: Evidence for inspections.
157.150  Crude Oil Washing Operations and Equipment Manual: Recording 
          information after inspections.

                                Personnel

157.152  Person in charge of COW operations.
157.154  Assistant personnel.

                             COW Operations

157.155  COW operations: General.
157.156  COW operations: Meeting manual requirements.
157.158  COW operations: Changed characteristics.
157.160  Tanks: Ballasting and crude oil washing.
157.162  Crude oil washing during a voyage.
157.164  Use of inert gas system.
157.166  Hydrocarbon emissions.
157.168  Crew member: Main deck watch.
157.170  COW equipment: Removal.
157.172  Limitations on grades of crude oil carried.

        Subpart E--Dedicated Clean Ballast Tanks on Tank Vessels

                                 General

157.200  Plans for U.S. tank vessels: Submission.
157.202  Plans and documents for foreign tank vessels: Submission.
157.204  Letter of acceptance.
157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. tank 
          vessels: Submission.
157.208  Dedicated Clean Ballast Tanks Operations Manual for foreign 
          tank vessels: Submission.
157.210  Approved Dedicated Clean Ballast Tanks Operations Manual.
157.212  Dedicated Clean Ballast Tanks Operations Manual: Not approved.
157.214  Required documents: U.S. tank vessels.
157.216  Required documents: Foreign tank vessels.
157.218  Dedicated clean ballast tanks: Alterations.

                          Design and Equipment

157.220  Dedicated clean ballast tanks: Standards.
157.222  Pump and piping arrangements.
157.224  Dedicated Clean Ballast Tanks Operations Manual.

                Dedicated Clean Ballast Tanks Operations

157.225  Dedicated clean ballast tanks operations: General.
157.226  Dedicated Clean Ballast Tanks Operations Manual: Procedures to 
          be followed.
157.228  Isolating valves: Closed during a voyage.

         Subpart F--Exemption From Sec. 157.10a or Sec. 157.10c

157.300  Qualifications for exemptions under this part.
157.302  Applying for an exemption or requesting modification of an 
          exemption.
157.304  Shore-based reception facility: standards.
157.306  Granting, denying, or modifying an exemption.
157.308  Revocation of exemption: procedure and appeals.
157.310  Exempted vessels: operations.

  Subpart G--Interim Measures for Certain Tank Vessels Without Double 
                      Hulls Carrying Petroleum Oils

157.400  Purpose and applicability.
157.410  Emergency lightering requirements for oil tankers.

[[Page 437]]

157.415  Bridge resource management policy and procedures.
157.420  Vessel specific watch policy and procedures.
157.430  Enhanced survey requirements.
157.435  Vital systems surveys.
157.440  Autopilot alarm or indicator.
157.445  Maneuvering performance capability.
157.450  Maneuvering and vessel status information.
157.455  Minimum under-keel clearance.
157.460  Additional operational requirements for tank barges.

  Subpart H--Interim Measures for Certain Tank Vessels Without Double 
               Hulls Carrying Animal Fat or Vegetable Oil

157.500  Purpose and applicability.
157.510  Operational measures.

  Subpart I--Interim Measures for Certain Tank Vessels Without Double 
                 Hulls Carrying Other Non-Petroleum Oil

157.600  Purpose and applicability.
157.610  Operational measures.

                         Appendices to Part 157

Appendix A--Damage Assumptions, Hypothetical Outflows, and Cargo Tank 
          Size and Arrangements
Appendix B--Subdivision and Stability Assumptions
Appendix C--Procedure for Determining Distribution of Segregated Ballast 
          Tanks To Provide Protection Against Oil Outflow in the Event 
          of Grounding, Ramming, or Collision
Appendix D--Example of a Procedure for Dedicated Clean Ballast Tanks 
          Operations

Appendix E--Specifications for the Design, Installation and Operation of 
          a Part Flow System for Control of Overboard Discharges
Appendix F--Guidelines and Specifications for Oil Discharge Monitoring 
          and Control Systems for Tankers
Appendix G--Timetables for Application of Double Hull Requirements

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 
1.46. Subparts G, H, and I are also issued under section 4115(b), Pub. 
L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.

    Source: CGD 74-32, 40 FR 48283, Oct. 14, 1975, unless otherwise 
noted.



                           Subpart A--General



Sec. 157.01  Applicability.

    (a) Unless otherwise indicated, this part applies to each vessel 
that carries oil in bulk as cargo and that is:
    (1) Documented under the laws of the United States (a U.S. vessel); 
or
    (2) Any other vessel that enters or operates in the navigable waters 
of the United States, or that operates, conducts ligtering under 46 
U.S.C. 3715, or receives cargo from or transfers cargo to a deepwater 
port under 33 U.S.C. 1501 et seq., in the United States Exclusive 
Economic Zone, as defined in 33 U.S.C. 2701(8).
    (b) This part does not apply to a vessel exempted under 46 U.S.C. 
2109 or 46 U.S.C. 3702.

[CGD 90-051, 57 FR 36238, Aug. 12, 1992, as amended by CGD 91-045, 61 FR 
39788, July 30, 1996]



Sec. 157.02  Incorportion by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard, 
Office of Operating and Environmental Standards (G-MSO), 2100 Second 
Street SW., Washington, DC 20593-0001, and is available from the sources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are as follows:

International Maritime Organization (IMO)--4 Albert                     
 Embankment, London SE1 7SR, England.                                   
    IMO Assembly Resolution A.601(15), Provision and Display            
     of Manoeuvring Information on Board Ships, Annex                   
     sections 1.1, 2.3, 3.1, and 3.2 with appendices, adopted           
     on 19 November 1987.....................................    157.450

[[Page 438]]

                                                                        
    IMO Assembly Resolution A.744(18), Guidelines on the                
     Enhanced Programme of Inspections During Surveys of Bulk           
     Carriers and Oil Tankers, Annex B sections 1.1.3-1.1.4,            
     1.2-1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with                  
     appendices, adopted 4 November 1993.....................    157.430
    IMO Assembly Resolution A.751(18), Interim Standards for            
     Ship Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-              
     4.2, and 5, adopted 4 November 1993 with Explanatory               
     Notes in MSC/Circ. 644 dated 6 June 1994................    157.445
Oil Companies International Marine Forum (OCIMF)--15th Floor,           
 96 Victoria Street, London, SW1E 5JW, England.                         
    International Safety Guide for Oil Tankers and Terminals,           
     Fourth Edition, Chapters 6, 7, and 10, 1996.............    157.435
                                                                        


[CGD 91-045, 61 FR 39788, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Sec. 157.03  Definitions.

    Except as otherwise stated in a subpart:
    Amidships means the middle of the length.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals and not specifically identified elsewhere in this part.
    Ballast voyage means the voyage that a tank vessel engages in after 
it leaves the port of final cargo discharge.
    Breadth or B means the maximum molded breadth of a vessel in meters.
    Cargo tank  length means the length from the forward bulkhead of the 
forwardmost cargo tanks, to the after bulkhead of the aftermost cargo 
tanks.
    Center tank means any tank inboard of a longitudinal bulkhead.
    Clean ballast means ballast which:
    (1) If discharged from a vessel that is stationary into clean, calm 
water on a clear day, would not--
    (i) Produce visible traces of oil on the surface of the water or on 
adjoining shore lines; or
    (ii) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shore lines; or
    (2) If verified by an approved cargo monitor and control system, has 
an oil content that does not exceed 15 p.m.
    Combination carrier means a vessel designed to carry oil or solid 
cargoes in bulk.
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Deadweight or DWT means the difference in metric tons between the 
lightweight displacement and the total displacement of a vessel measured 
in water of specific gravity 1.025 at the load waterline corresponding 
to the assigned summer freeboard.
    Dedicated clean ballast tank means a cargo tank that is allocated 
solely for the carriage of clean ballast.
    Domestic trade means trade between ports or places within the United 
States, its territories and possessions, either directly or via a 
foreign port including trade on the navigable rivers, lakes, and inland 
waters.
    Double bottom means watertight protective spaces that do not carry 
any oil and which separate the bottom of tanks that hold any oil within 
the cargo tank length from the outer skin of the vessel.
    Double hull means watertight protective spaces that do not carry any 
oil and which separate the sides, bottom, forward end, and aft end of 
tanks that hold any oil within the cargo tank length from the outer skin 
of the vessel as prescribed in Sec. 157.10d.
    Doubles sides means watertight protective spaces that do not carry 
any oil and which separate the sides of tanks that hold any oil within 
the cargo tank length from the outer skin of the vessel.
    Existing vessel means any vessel that is not a new vessel.
    Fleeting or assist towing vessel means any commercial vessel engaged 
in towing astern, alongside, or pushing ahead, used solely within a 
limited geographic area, such as a particular barge fleeting area or 
commercial facility, and used solely for restricted service, such as 
making up or breaking up larger tows.

[[Page 439]]

    Foreign trade means any trade that is not domestic trade.
    From the nearest land means from the baseline from which the 
territorial sea of the United States is established in accordance with 
international law.
    Inland vessel means a vessel that is not oceangoing and that does 
not operate on the Great Lakes.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant, divided by the speed 
of the vessel in knots at the same instant.
    Integrated tug barge means a tug and a tank barge with a mechanical 
system that allows the connection of the propulsion unit (the tug) to 
the stern of the cargo carrying unit (the tank barge) so that the two 
vessels function as a single self-propelled vessel.
    Large primary structural member includes any of the following:
    (1) Web frames.
    (2) Girders.
    (3) Webs.
    (4) Main brackets.
    (5) Transverses.
    (6) Stringers.
    (7) Struts in transverse web frames when there are 3 or more struts 
and the depth of each is more than \1/15\ of the total depth of the 
tank.
    Length or L means the distance in meters from the fore side of the 
stem to the axis of the rudder stock on a waterline at 85 percent of the 
least molded depth measured from the molded baseline, or 96 percent of 
the total length on that waterline, whichever is greater. In vessels 
designed with drag, the waterline is measured parallel to the designed 
waterline.
    Lightweight means the displacement of a vessel in metric tons 
without cargo, oil fuel, lubricating oil, ballast water, fresh water, 
and feedwater in tanks, consumable stores, and any persons and their 
effects.
    Major conversion means a conversion of an existing vessel that:
    (1) Substantially alters the dimensions or carrying capacity of the 
vessel, except a conversion that includes only the installation of 
segregated ballast tanks, dedicated clean ballast tanks, a crude oil 
washing system, double sides, a double bottom, or a double hull;
    (2) Changes the type of vessel;
    (3) Substantially prolongs the vessel's service life; or
    (4) Otherwise so changes the vessel that it is essentially a new 
vessel, as determined by the Commandant (G-MOC).
    MARPOL Protocol means the Protocol of 1978 Relating to the 
International Convention for the Prevention of Pollution from Ships, 
1973, done at London on February 17, 1978. This Protocol incorporates 
and modifies the International Convention for the Prevention of 
Pollution from Ships, 1973, done at London on November 2, 1973.
    New vessel means:
    (1) A U.S. vessel in domestic trade that:
    (i) Is constructed under a contract awarded after December 31, 1974;
    (ii) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after June 30, 1975;
    (iii) Is delivered after December 31, 1977; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1974;
    (B) In the absence of a contract, conversion is begun after June 30, 
1975; or
    (C) Conversion is completed after December 31, 1977; and
    (2) A foreign vessel or a U.S. vessel in foreign trade that:
    (i) Is constructed under a contract awarded after December 31, 1975;
    (ii) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after June 30, 1976;
    (iii) Is delivered after December 31, 1979; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1975;
    (B) In the absence of a contract, conversion is begun after June 30, 
1976; or
    (C) Conversion is completed after December 31, 1979.
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fat and vegetable oil.
    Oceangoing has the same meaning as defined in Sec. 151.05 of this 
chapter.

[[Page 440]]

    Officer in charge of a navigational watch means any officer employed 
or engaged to be responsible for navigating or maneuvering the vessel 
and for maintaining a continuous vigilant watch during his or her 
periods of duty and following guidance set out by the master, 
international or national regulations, and company policies.
    Oil means oil of any kind or in any form including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil. This includes liquid hydrocarbons as well as 
animal and vegetable oils.
    Oil fuel means any oil used as fuel for machinery in the vessel in 
which it is carried.
    Oil spill response vessel means a vessel that is exclusively 
dedicated to operations to prevent or mitigate environmental damage due 
to an actual or impending accidental oil spill. This includes a vessel 
that performs routine service as an escort for a tank vessel, but 
excludes a vessel that engages in any other commercial activity, such as 
the carriage of any type of cargo.
    Oil tanker means a vessel that is constructed or adapted primarily 
to carry crude oil or products in bulk as cargo. This includes a tank 
barge, a tankship, and a combination carrier, as well as a vessel that 
is constructed or adapted primarily to carry noxious liquid substances 
in bulk as cargo and which also carries crude oil or products in bulk as 
cargo.
    Oily mixture means a mixture with any oil content.
    Other non-petroleum oil means an oil of any kind that is not 
petroleum oil, an animal fat, or a vegetable oil.
    Permeability of a space means the ratio of the volume within a space 
that is assumed to be occupied by water to the total volume of that 
space.
    Petroleum oil means petroleum in any form including crude oil, fuel 
oil, mineral oil, sludge, oil refuse, and refined products.
    Primary towing vessel means any vessel engaged in towing astern, 
alongside, or pushing ahead and includes the tug in an integrated tug 
barge. It does not include fleeting or assist towing vessels.
    Product means any liquid hydrocarbon mixture in any form, except 
crude oil, petrochemicals, and liquefied gases.
    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and oil fuel system and 
that is permanently allocated to the carriage of ballast.
    Slop tank means a tank specifically designated for the collection of 
cargo drainings, washings, and other oil mixtures.
    Tank means an enclosed space that is formed by the permanent 
structure of a vessel, and designed for the carriage of liquid in bulk.
    Tank barge means a tank vessel not equipped with a means of self-
propulsion.
    Tank vessel means a vessel that is constructed or adapted primarily 
to carry, or that carries, oil or hazardous material in bulk as cargo or 
cargo residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States. This does not include an 
offshore supply vessel, or a fishing vessel or fish tender vessel of not 
more than 750 gross tons when engaged only in the fishing industry.
    Tankship means a tank vessel propelled by mechanical power or sail.
    Vegetable oil means a non-petroleum oil or fat not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels, or fruits.
    Wing tank means a tank that is located adjacent to the side shell 
plating.

[CGD 96-026, 61 FR 33666, June 28, 1996; 61 FR 36786, July 12, 1996, as 
amended by CGD 91-045, 61 FR 39788, July 30, 1996]



Sec. 157.04  Authorization of classification societies.

    (a) The Coast Guard may authorize any classification society (CS) to 
perform certain plan reviews, certifications, and inspections required 
by this part on vessels classed by that CS, except that only U.S. 
classification societies may be authorized to perform

[[Page 441]]

those plan reviews, inspections, and certifications for U.S. vessels.
    (b) If a CS desires authorization to perform the plan reviews, 
certifications, and inspections required under this part, it must submit 
to the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001, 
evidence from the governments concerned showing that they have 
authorized the CS to inspect and certify vessels on their behalf under 
the MARPOL Protocol.
    (c) The Coast Guard notifies the CS in writing whether or not it is 
accepted as an authorized CS. If authorization is refused, reasons for 
the refusal are included.
    (d) Acceptance as an authorized CS terminates unless the following 
are met:
    (1) The authorized CS must have each Coast Guard regulation that is 
applicable to foreign vessels on the navigable waters of the United 
States.
    (2) Each issue concerning equivalents to the regulations in this 
part must be referred to the Coast Guard for determination.
    (3) Copies of any plans, calculations, records of inspections, or 
other documents relating to any plan review, inspection, or 
certification performed to meet this part must be made available to the 
Coast Guard.
    (4) Each document certified under Secs. 157.116(a)(2), 
157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with the name or 
seal of the authorized CS.
    (5) A copy of the final documentation that is issued to each vessel 
that is certified under this part must be referred to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11625, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.05   Performing calculations for this part.

    In this part, unless the context requires otherwise:
    (a) Formulas are in the International System of Units (SI);
    (b) Values used in those formulas must be in the International 
System of Units; and
    (c) Forward and after perpendiculars are located at the forward end 
and at the after end of the length. The forward perpendicular coincides 
with the foreside of the stem on the waterline on which the length of 
the vessel is measured.



Sec. 157.06  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard official who is 
responsible for that action.
    (b) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (a) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the action was 
taken. The appeal may contain supporting documentation and evidence that 
the appellant wishes to have considered. If requested, the District 
Commander may stay the effect of the action being appealed while the 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal submitted under this paragraph.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Assistant Commandant for Marine Safety and Environmental Protection, 
U.S. Coast Guard, Washington, DC 20593-0001. The appeal may contain 
supporting documentation and evidence that the appellant wishes to have 
considered. If requested, the Assistant Commandant for Marine Safety and 
Environmental Protection may stay the effect of the action being 
appealed while the ruling is being reviewed. The Chief, Marine Safety 
and Environmental Protection issues a ruling after reviewing the appeal 
submitted under this paragraph.
    (d) Any decision made by the Assistant Commandant for Marine Safety 
and Environmental Protection under the procedure contained in paragraph

[[Page 442]]

(c) of this section is final agency action.
    (e) If the delay in presenting a written appeal would have a 
significant adverse impact on the appellant, the appeal under paragraph 
(b) or (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the oral presentation was made. The 
written appeal must contain, at a minimum the basis for the appeal and a 
summary of the material presented orally.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended by CGD 88-052, 53 
FR 25122, July 1, 1988; CGD 96-026, 61 FR 33667, 33668, June 28, 1996; 
CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 157.07  Equivalents.

    The Coast Guard may accept an equivalent, in accordance with the 
procedure in 46 CFR 30.15-1, of a design or an equipment to fulfill a 
requirement in this Part, except an operational method may not be 
substituted for a design or equipment requirement that is also required 
under the MARPOL Protocol.

[CGD 82-28, 50 FR 11625, Mar. 22, 1985, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997]



             Subpart B--Design, Equipment, and Installation



Sec. 157.08  Applicability of Subpart B.

    Note: An ``oil tanker'' as defined in Sec. 157.03 includes barges as 
well as self-propelled vessels.

    (a) Sections 157.10d and 157.11(g) apply to each vessel to which 
this part applies.
    (b) Sections 157.11 (a) through (f), 157.12, 157.15, 157.19(b)(3), 
157.33, and 157.37 apply to each vessel to which this part applies that 
carries 200 cubic meters or more of crude oil or products in bulk as 
cargo, as well as to each oceangoing oil tanker to which this part 
applies of 150 gross tons or more. These sections do not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (c) Section 157.21 applies to each oil tanker to which this part 
applies of 150 gross tons or more that is oceangoing or that operates on 
the Great Lakes. This section does not apply to a foreign vessel which 
remains beyond the navigable waters of the United States and does not 
transfer oil cargo at a port or place subject to the jurisdiction of the 
United States.
    (d) Sections in subpart B of 33 CFR part 157 that are not specified 
in paragraphs (a) through (c) of this section apply to each oceangoing 
oil tanker to which this part applies of 150 gross tons or more, unless 
otherwise indicated in paragraphs (e) through (m) of this section. These 
sections do not apply to a foreign vessel which remains beyond the 
navigable waters of the United States and does not transfer oil cargo at 
a port or place subject to the jurisdiction of the United States.
    (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not apply 
to a vessel, except an oil tanker, that carries less than 1,000 cubic 
meters of crude oil or products in bulk as cargo and which retains oily 
mixtures on board and discharges them to a reception facility.
    (f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do 
not apply to a tank vessel that carries only asphalt, carbon black 
feedstock, or other products with similar physical properties, such as 
specific gravity and cohesive and adhesive characteristics, that inhibit 
effective product/water separation and monitoring.
    (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, and 
157.23 do not apply to a tank barge that cannot ballast cargo tanks or 
wash cargo tanks while underway.
    (h) Sections 157.19 and 157.21 do not apply to a tank barge that is 
certificated by the Coast Guard for limited short protected coastwise 
routes if the barge is otherwise constructed and certificated for 
service exclusively on inland routes.
    (i) Section 157.09(d) does not apply to any:
    (1) U.S. vessel in domestic trade that is constructed under a 
contract awarded before January 8, 1976;

[[Page 443]]

    (2) U.S. vessel in foreign trade that is constructed under a 
contract awarded before April 1, 1977; or
    (3) Foreign vessel that is constructed under a contract awarded 
before April 1, 1977.
    (j) Sections 157.09 and 157.10a do not apply to a new vessel that:
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun after January 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and 
157.10b(b)(3) do not apply to tank barges.
    (l) Section 157.10b does not apply to tank barges if they do not 
carry ballast while they are engaged in trade involving the transfer of 
crude oil from an offshore oil exploitation or production facility on 
the Outer Continental Shelf of the United States.
    (m) Section 157.12 does not apply to a U.S. vessel that:
    (1) Is granted an exemption under Subpart F of this part; or
    (2) Is engaged solely in voyages that are:
    (i) Between ports or places within the United States, its 
territories or possessions;
    (ii) Of less than 72 hours in length; and
    (iii) At all times within 50 nautical miles of the nearest land.
    (n) Section 157.10d does not apply to:
    (1) A vessel that operates exclusively beyond the navigable waters 
of the United States and the United States Exclusive Economic Zone, as 
defined in 33 U.S.C. 2701(8);
    (2) An oil spill response vessel;
    (3) Before January 1, 2015--
    (i) A vessel unloading oil in bulk as cargo at a deepwater port 
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); 
or
    (ii) A delivering vessel that is off-loading oil in bulk as cargo in 
lightering activities--
    (A) Within a lightering zone established under 46 U.S.C. 3715(b)(5); 
and
    (B) More than 60 miles from the territorial sea base line, as 
defined in 33 CFR 2.05-10.
    (4) A vessel documented under 46 U.S.C., Chapter 121, that was 
equipped with a double hull before August 12, 1992;
    (5) A barge of less than 1,500 gross tons as measured under 46 
U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in or 
adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and 
waters tributary thereto and in the waters of the Aleutian Islands and 
the Alaskan Peninsula west of 155 degrees west longitude; or
    (6) A vessel in the National Defense Reserve Fleet pursuant to 50 
App. U.S.C. 1744.

[CGD 75-240, 41 FR 54179, Dec. 13, 1976, as amended by CGD 77-058b, 45 
FR 43707, June 30, 1980; CGD 79-152, 45 FR 82249, Dec. 15, 1980; CGD 76-
088b, 48 FR 45720, Oct. 6, 1983; CGD 90-051, 57 FR 36239, Aug. 12, 1992; 
57 FR 40494, Sept. 3, 1992; CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 157.09   Segregated ballast.

    (a) A new vessel of 70,000 tons DWT or more must have segregated 
ballast tanks that have a total capacity to allow the vessel to meet the 
draft and trim requirements in paragraph (b) of this section without 
recourse to the use of oil tanks for water ballast.
    (b) In any ballast condition during any part of a voyage, including 
that of lightweight with only segregated ballast, the vessel's drafts 
and trim must have the capability of meeting each of the following 
requirements:
    (1) The molded draft amidship (dm) in meters without taking into 
account vessel deformation must not be less than dm in the following 
mathematical relationship:

                              dm=2.0+0.02L

    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship as specified in 
paragraph (b)(1) of this section, in association

[[Page 444]]

with the trim by the stern of no more than 0.015L.
    (3) The minimum allowable draft at the after perpendicular is that 
which is necessary to obtain full immersion of the propeller.
    (c) The vessel may be designed to carry ballast water in cargo tanks 
during the condition described in Sec. 157.35.
    (d) Segregated ballast spaces, voids, and other noncargo-carrying 
spaces for a vessel of conventional form must be distributed:
    (1) So that the mathematical average of the hypothetical collision 
(Oc) and the hypothetical stranding (Os) outflows 
as determined by the application of the procedures in Sec. 157.19 and 
Appendix B is 80 percent or less of the maximum allowable outflow 
(OA) as determined by Sec. 157.19(b)(1); and
    (2) To protect at least 45 percent of the sum of the side and bottom 
shell areas, based upon projected molded dimensions, within the cargo 
tank length. When the vessel design configuration does not provide for 
the spaces to be distributed to protect at least 45 percent of the side 
and bottom shell areas, the spaces must be distributed so that the 
mathematical average of the hypothetical collision (Oc) and 
the hypothetical stranding (Os) outflows, determined by 
application of the procedures in Sec. 157.19 and Appendix B, is a 
further 2 percent less than the maximum allowable outflow 
(Oa) for each 1 percent by which the shell area protection 
coverage required is not achieved.
    (e) A ballast space, void or other non-cargo-carrying space used to 
meet requirements in paragraph (d) of this section must separate the 
cargo tank boundaries from the shell plating of the vessel by at least 2 
meters.
    (f) A vessel of conventional form for application of this section 
has:
    (1) A block coefficient of .80 or greater,
    (2) A length to depth ratio between 12 and 16, and
    (3) A breadth to depth ratio between 1.5 and 3.5.
    (g) Segregated ballast spaces, voids, and other noncargo-carrying 
spaces for a vessel not of conventional form must be distributed in a 
configuration acceptable to the Coast Guard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 75-201, 41 FR 1482, Jan. 8, 1976]



Sec. 157.10  Segregated ballast tanks and crude oil washing systems for certain new vessels.

    (a) This section applies to a new vessel that:
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun after January 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (b) Each tank vessel under this section of 20,000 DWT or more that 
carries crude oil and of 30,000 DWT or more that carries products must 
have segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in paragraph (c) of this 
section without recourse to the use of cargo tanks for water ballast.
    (c) In any ballast condition during any part of a voyage, including 
that of lightweight with only segregated ballast, each tank vessel under 
paragraph (b) of this section must have the capability of meeting each 
of the following:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

                              dm=2.0+0.02L

    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(c)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.

[[Page 445]]

    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (d) Segregated ballast tanks required in paragraph (b) of this 
section, voids, and other spaces that do not carry cargo must be 
distributed:
    (1) For a vessel to which Sec. 157.10d applies, in accordance with 
Sec. 157.10d(c)(4); or,
    (2) For a vessel to which Sec. 157.10d does not apply, in accordance 
with the procedure contained in appendix C to this part.
    (e) Each tank vessel under this section of 20,000 DWT or more that 
carries crude oil must have a crude oil washing system that meets the 
design, equipment, and installation requirements in Subpart D of this 
part.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks as allowed under Sec. 157.35.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 90-051, 57 
FR 36239, Aug. 12, 1992]



Sec. 157.10a  Segregated ballast tanks, crude oil washing systems, and dedicated clean ballast tanks for certain new and existing vessels of 40,000 DWT or more.

    (a) Not later than June 1, 1981, except as allowed in paragraph (b) 
of this section, an existing vessel of 40,000 DWT or more that carries 
crude oil and a new vessel of 40,000 DWT or more but less than 70,000 
DWT that carries crude oil must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or
    (2) A crude oil washing system that meets the design, equipment, and 
installation requirements of Subpart D of this part.
    (b) Each tank vessel under paragraph (a) of this section does not 
have to meet the requirements of paragraph (a) of this section until 
June 1, 1983, for an existing vessel of 70,000 DWT or more, or until 
June 1, 1985, for a new or existing vessel of 40,000 DWT or more but 
less than 70,000 DWT, if the vessel:
    (1) Has dedicated clean ballast tanks with the total capacity to 
meet the draft and trim requirements under paragraph (d) of this 
section; and
    (2) Meets the design and equipment requirements under Subpart E of 
this part.
    (c) Not later than June 1, 1981, an existing vessel of 40,000 DWT or 
more that carries products and a new vessel of 40,000 DWT or more but 
less than 70,000 DWT that carries products must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or
    (2) Dedicated clean ballast tanks that have a total capacity to meet 
the draft and trim requirements in paragraph (d) of this section and 
that meet the design and equipment requirements under Subpart E of this 
part.
    (d) In any ballast condition during any part of a voyage, including 
that of lightweight with either segregated ballast in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each tank 
vessel under paragraph (a)(1), (b), or (c) of this section must have the 
capability of meeting each of the following without recourse to the use 
of cargo tanks for water ballast:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

                              dm=2.0+0.02L

    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(d)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.
    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (e) Each tank vessel that meets paragraph (a)(1), (b), or (c) of 
this section may be designed to carry ballast water in cargo tanks as 
allowed under Sec. 157.35.

    Note: Segregated ballast tanks located in wing tanks provide 
protection against oil

[[Page 446]]

outflow in the event of a collision, ramming, or grounding.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626, Mar. 22, 1985]



Sec. 157.10b  Segregated ballast tanks, dedicated clean ballast tanks, and special ballast arrangements for tank vessels transporting Outer Continental Shelf 
          oil.

    (a) Each tank vessel that is engaged in the transfer of crude oil 
from an offshore oil exploitation or production facility on the Outer 
Continental Shelf of the United States on or after June 1, 1980 must, if 
segregated ballast tanks or dedicated clean ballast tanks are not 
required under Sec. 157.09, Sec. 157.10 or Sec. 157.10a, have one of the 
following:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (b) of this section.
    (2) Dedicated clean ballast tanks having a total capacity to meet 
the draft and trim requirements in paragraph (b) of this section and 
meeting the design and equipment requirements under Subpart E of this 
part.
    (3) Special ballast arrangements acceptable to the Coast Guard.
    (b) In any ballast condition during any part of a voyage, including 
that of lightweight with either segregated ballast in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each vessel 
under paragraph (a)(1) or (a)(2) of this section must have the 
capability of meeting each of the following:
    (1) The molded draft amidship (dm), in meters, without taking into 
account vessel deformation, must not be less than ``dm'' in the 
following mathematical relationship:

dm=2.00+0.020L for vessels of 150 meters or more in length
dm=1.25+0.025L for vessels less than 150 meters in length

    (2) The drafts, in meters, at the forward and after perpendiculars 
must correspond to those determined by the draft amidship under 
paragraph (b)(1) of this section, in association with a trim, in meters, 
by the stern (t) of no more than ``t'' in the following mathematical 
relationship:

t=0.015L for vessels of 150 meters or more in length
t=1.5+0.005L for vessels less than 150 meters in length

    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (c) Special ballast arrangements are accepted under the procedures 
in paragraph (d) of this section if:
    (1) The vessel is dedicated to one specific route;
    (2) Each offshore transfer facility on the route is less than 50 
miles from shore;
    (3) The duration of the ballast voyage is less than 10 hours;
    (4) They prevent the mixing of ballast water and oil; and
    (5) They provide suitable draft and trim to allow for the safe 
navigation of the vessel on the intended route.
    (d) The owner or operator of a vessel that meets paragraph (c) of 
this section must apply for acceptance of the special ballast 
arrangement, in writing, to the Officer in Charge, Marine Inspection, of 
the zone in which the vessel operates. The application must contain:
    (1) The specific route on which the vessel would operate;
    (2) The type of ballast to be carried;
    (3) The location of the ballast on the vessel;
    (4) Calculations of draft and trim for maximum ballast conditions; 
and
    (5) The associated operating requirements or limitations necessary 
to ensure safe navigation of the vessel.

    Note: Operating requirements or limitations necessary to ensure safe 
navigation of the vessel could include (but are not limited to) weather 
conditions under which the vessel would not operate and weather 
conditions under which cargo would be carried in certain cargo tanks on 
the ballast voyage.

    (e) The Coast Guard will inform each applicant for special ballast 
arrangements under paragraph (d) of this section whether or not the 
arrangements are accepted. If they are not accepted, the reasons why 
they are not accepted will be stated.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks, as allowed under Sec. 157.35.

[CGD 79-152, 45 FR 82249, Dec. 15, 1980]

[[Page 447]]



Sec. 157.10c  Segregated ballast tanks, crude oil washing systems, and dedicated clean ballast tanks for certain new and existing tankships of 20,000 to 40,000 
          DWT.

    (a) This section applies to each tankship of 20,000 DWT or more, but 
less then 40,000 DWT, except each one that--
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion, for which--
    (i) The contract is awarded after June 1, 1979; or
    (ii) Conversion is completed after June 1, 1982.
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, a vessel under this section that carries 
crude oil must have--
    (1) Segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) A crude oil washing system that meets the design, equipment, and 
installation requirements of Secs. 157.122 through 157.138.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, a vessel under this section that carries 
product must have--
    (1) Segregated ballast tanks that have total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) Dedicated clean ballast tanks that meet the design and equipment 
requirements under Secs. 157.220, 157.222, and 157.224 and have total 
capacity to allow the vessel to meet the draft and trim requirements in 
Sec. 157.09(b).
    (d) If the arrangement of tanks on a vessel under this section is 
such that, when using the tankage necessary to comply with the draft and 
trim requirements in Sec. 157.09(b), the draft amidships exceeds the 
minimum required draft by more the 10 percent, or the arrangement 
results in the propeller being fully immersed by more than 10 percent of 
its diameter, alternative arrangements may be accepted provided--
    (1) At least 80 percent of the propeller diameter is immersed; and
    (2) The moulded draft amidships is at least 80 percent of that 
required under Sec. 157.09(b)(1).

[CGD 82-28, 50 FR 11626, Mar. 22, 1985; 50 FR 12800, Apr. 1, 1985]



Sec. 157.10d  Double hulls on tank vessels.

    (a) With the exceptions stated in Sec. 157.08(n), this section 
applies to a tank vessel--
    (1) For which the building contract is awarded after June 30, 1990;
    (2) That is delivered after December 31, 1993;
    (3) That undergoes a major conversion for which;
    (i) The contract is awarded after June 30, 1990; or
    (ii) Conversion is completed after December 31, 1993; or
    (4) That is otherwise required to have a double hull by 46 U.S.C. 
3703a(c).

    Note: 46 U.S.C. 3703a(c) is shown in appendix G to this part.

    (b) Each vessel to which this section applies must be fitted with:
    (1) A double hull in accordance with this section; and
    (2) If Sec. 157.10 applies, segregated ballast tanks and a crude oil 
washing system in accordance with that section.
    (c) Except on a vessel to which Sec. 157.10d(d) applies, tanks 
within the cargo tank length that carry any oil must be protected by 
double sides and a double bottom as follows:
    (1) Double sides must extend for the full depth of the vessel's side 
or from the uppermost deck, disregarding a rounded gunwale where fitted, 
to the top of the double bottom. At any cross section, the molded width 
of the double side, measured at right angles to the side shell plating, 
from the side of tanks containing oil to the side shell plating, must 
not be less than the distance w as shown in Figure 157.10d(c) and 
specified as follows:

[[Page 448]]

    (i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)] 
meters; or, w=2.0 meters (79 in.), whichever is less, but in no case 
less than 1.0 meter (39 in.).
    (ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)] 
meters, but in no case less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this section 
applies: w=0.76 meter (30 in.), provided that the double side was fitted 
under a construction or conversion contract awarded prior to June 30, 
1990.

[[Page 449]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.015



[[Page 450]]

    (2) At any cross section, the molded depth of the double bottom, 
measured at right angles to the bottom shell plating, from the bottom of 
tanks containing oil to the bottom shell plating, must not be less than 
the distance h as shown in Figure 157.10d(c) and specified as follows:
    (i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters 
(79 in.), whichever is less, but in no case less than 1.0 meter (39 
in.).
    (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case 
less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this section 
applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but 
in no case less than 0.76 meter (30 in.), provided that the double 
bottom was fitted under a construction or conversion contract awarded 
prior to June 30, 1990.
    (3) For a vessel built under a contract awarded after September 11, 
1992, within the turn of the bilge or at cross sections where the turn 
of the bilge is not clearly defined, tanks containing oil must be 
located inboard of the outer shell--
    (i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above 
the base line, not less than the distance h, as shown in Figure 
157.10d(c) and specified in paragraph (c)(2) of this section. At levels 
greater than 1.5h above the base line, not less than the distance w, as 
shown in Figure 157.10d(c) and specified in paragraph (c)(1) of this 
section.
    (ii) For a vessel of less than 5,000 DWT: Not less than the distance 
h above the line of the mid-ship flat bottom, as shown in Figure 
157.10d(c)(3)(ii) and specified in paragraph (c)(2) of this section. At 
levels greater than h above the line of the mid-ship flat bottom, not 
less than the distance w, as shown in Figure 157.10d(c)(3)(ii) and 
specified in paragraph (c)(1) of this section.

[[Page 451]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.016



[[Page 452]]

    (4) For a vessel to which Sec. 157.10(b) applies that is built under 
a contract awarded after September 11, 1992.
    (i) The aggregate volume of the double sides, double bottom, 
forepeak tanks, and afterpeak tanks must not be less than the capacity 
of segregated ballast tanks required under Sec. 157.10(b). Segregated 
ballast tanks that may be provided in addition to those required under 
Sec. 157.10(b) may be located anywhere within the vessel.
    (ii) Double side and double bottom tanks used to meet the 
requirements of Sec. 157.10(b) must be located as uniformly as 
practicable along the cargo tank length. Large inboard extensions of 
individual double side and double bottom tanks, which result in a 
reduction of overall side or bottom protection, must be avoided.
    (d) A vessel of less than 10,000 DWT that is constructed and 
certificated for service exclusively on inland or limited short 
protected coastwise routes must be fitted with double sides and a double 
bottom as follows:
    (1) A minimum of 61 cm. (2 ft.) from the inboard side of the side 
shell plate, extending the full depth of the side or from the main deck 
to the top of the double bottom, measured at right angles to the side 
shell; and
    (2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell 
plating, along the full breadth of the vessel's bottom, measured at 
right angles to the bottom shell.
    (3) For a vessel to which paragraph (a)(4) of this section applies, 
the width of the double sides and the depth of the double bottom may be 
38 cm. (15 in.), in lieu of the dimensions specified in paragraphs 
(d)(1) and (d)(2) of this section, provided that the double side and 
double bottom tanks were fitted under a construction or conversion 
contract awarded prior to June 30, 1990.
    (4) For a vessel built under a contract awarded after September 11, 
1992, a minimum 46 cm. (18 in.) clearance for passage between framing 
must be maintained throughout the double sides and double bottom.
    (e) Except as provided in paragraph (e)(3) of this section, a vessel 
must not carry any oil in any tank extending forward of:
    (1) The collision bulkhead; or
    (2) In the absence of a collision bulkhead, the transverse plane 
perpendicular to the centerline through a point located:
    (i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel 
length, but in no case less than 1 meter (39 in.), aft of the forward 
perpendicular;
    (ii) On a vessel of less than 10,000 DWT tons that is constructed 
and certificated for service exclusively on inland or limited short 
protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 
percent of the vessel length, but in no case less than 61 cm. (2 ft.), 
aft of the headlog or stem at the freeboard deck; or
    (iii) On each vessel which operates exclusively as a box or trail 
barge, 61 cm. (2 ft.) aft of the headlog.
    (3) This paragraph does not apply to independent fuel oil tanks that 
must be located on or above the main deck within the areas described in 
paragraphs (e)(1) and (e)(2) of this section to serve adjacent deck 
equipment that cannot be located further aft. Such tanks must be as 
small and as far aft as is practicable.
    (f) On each vessel, the cargo tank length must not extend aft to any 
point closer to the stern than the distance equal to the required width 
of the double side, as prescribed in Sec. 157.10d(c)(1) or 
Sec. 157.10d(d)(1).

[CGD 90-051, 57 FR 36239, Aug. 12, 1992]



Sec. 157.11  Pumping, piping and discharge arrangements.

    (a) Each tank vessel must have a fixed piping system for 
transferring cargo residues and other oily mixtures from cargo tanks to 
slop tanks and for discharging oily mixtures to the sea and to reception 
facilities. On a vessel that has two or more independent piping 
arrangements, the arrangements collectively form the fixed piping system 
required by this paragraph.
    (b) Each fixed piping system required by paragraph (a) of this 
section must have:
    (1) At least two manifolds on the weather deck for transferring oily 
mixtures to reception facilities, one of which is on the port side of 
the vessel and one of which is on the starboard side; and

[[Page 453]]

    (2) Except as provided in paragraph (c) of this section, at least 
one discharge point that:
    (i) Is used for discharges to the sea;
    (ii) Is on a port or starboard weather deck or on the vessel's side 
above the waterline of its deepest ballast condition; and
    (iii) Has an automatic stop valve that is actuated by a cargo 
monitor signal, except that manual valves may be provided on new vessels 
of less than 4,000 tons deadweight and on existing vessels.
    (c) An above waterline discharge point is not required on an 
existing vessel if its fixed piping system meets Paragraphs 3 and 4 of 
Appendix E of this part.
    (d) Each tank vessel under Sec. 157.09, Sec. 157.10a, or 
Sec. 157.10b that carries crude oil must have:
    (1) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (2) Oil piping lines for the draining of oil residue from cargo 
pumps and other oil piping lines to a cargo tank or a slop tank; and
    (3) An oil piping line that meets paragraph (f) of this section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
other oil piping lines to a receptacle on the shore.
    (e) Each tank vessel under Sec. 157.10 must have:
    (1) Oil piping lines that are designed and installed to minimize oil 
retention in those lines;
    (2) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (3) Oil piping lines for the draining of oil residue from cargo 
pumps and other oil piping lines to a cargo tank or slop tank; and
    (4) An oil piping line that meets paragraph (f) of this section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
other oil piping lines to a receptacle on the shore.
    (f) Each oil piping line under paragraph (d)(3) or (e)(4) of this 
section must have a cross-sectional area of 10 percent or less of the 
cross-sectional area of the main cargo discharge piping line, except if 
the oil piping line under paragraph (d)(3) of this section is installed 
before January 1, 1980, that piping line may have a cross-sectional area 
of 25 percent or less of the cross-sectional area of the main cargo 
discharge piping line.
    (g) Each tank vessel to which Sec. 157.10d applies that is built 
under a contract awarded after September 11, 1992 must be arranged so 
that:
    (1) Except for short lengths of completely welded (or equivalent) 
piping,
    (i) Ballast piping and other piping to ballast tanks, such as 
sounding and vent piping, do not pass through cargo tanks, and
    (ii) Cargo piping and other piping to cargo tanks do not pass 
through ballast tanks;
    (2) Suction wells in cargo tanks that protrude into the double 
bottom are as small as practicable and extend no closer to the bottom 
shell plating than 0.5h, as specified in Sec. 157.10d(c)(2) or 
Sec. 157.10d(d)(2), as applicable; and
    (3) On a vessel that is constructed and certificated for service 
exclusively on inland, Great Lakes, or limited short protected coastwise 
routes, any oil piping that is located within double hull spaces must be 
placed as far from the outer shell as is practicable and must be fitted 
with valves at the point of connection to the tank served, to prevent 
oil outflow in the event of damage to the piping. Such valves must be 
closed whenever the vessel is underway with any oil in tanks served by 
the associated piping, except as necessary during transfer operations.

    Note: Piping location requirements for an oceangoing vessel are in 
Sec. 157.19(d). Related operating requirements are in Sec. 157.45.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 
43704, June 30, 1980; CGD 77-058b, 45 FR 43708, June 30, 1980; CGD 79-
152, 45 FR 82250, Dec. 15, 1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; 
CGD 90-051, 57 FR 36244, Aug. 12, 1992]



Sec. 157.12  Cargo monitor and control system.

    (a) Each vessel must have, for each type of cargo oil that it 
carries, at least one cargo monitor that is designed for use with that 
oil.
    (b) Each monitor installed on a U.S. vessel must be approved under 
46 CFR

[[Page 454]]

162.050. Each monitor installed on a foreign vessel must be approved:
    (1) Under 46 CFR 162.050; or
    (2) As meeting IMO Resolution A.393(X) by a country that has 
ratified the MARPOL Protocol.
    (c) Each monitor must be installed in accordance with Paragraphs 4, 
5, and 6 of Appendix F to this part and be fitted with the control 
system prescribed by paragraphs 6.1.4.2 through 6.1.4.5.5 of that 
appendix.
    (d) Except as provided in paragraph (e) of this section, this 
section becomes effective:
    (1) For new vessels, on October 2, 1983; and
    (2) For existing vessels, on October 2, 1986.
    (e) An existing vessel that has dedicated clean ballast tanks to 
meet the requirements in Sec. 157.10a or Sec. 157.10b must comply with 
paragraphs (a) and (b) of this section not later than October 2, 1986 or 
the end of the vessel's first scheduled shipyard visit after October 2, 
1983, whichever is earlier.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983]



Sec. 157.13  Designated observation area.

    Each new vessel must have a designated observation area on the 
weather deck or above that is:
    (a) Located where the effluent from each discharge point and 
manifold described in Sec. 157.11 can be visually observed; and
    (b) Equipped with:
    (1) A means to directly stop the discharge of effluent into the sea; 
or
    (2) A positive communication system, such as a telephone or a radio, 
between the observation area and the discharge control position.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45720, Oct. 6, 1983]



Sec. 157.15   Slop tanks in tank vessels.

    (a) Number. A tank vessel must have the following number of slop 
tanks that comply with the requirements of this section:
    (1) A new vessel of less than 70,000 tons DWT and an existing vessel 
must have at least one slop tank.
    (2) A new vessel of 70,000 tons DWT or more must have at least two 
slop tanks.
    (b) Capacity. Slop tanks must have the total capacity to retain 
slops from tank washings, oil residues, and dirty ballast residues of 
three percent or more of the oil carrying capacity, except two percent 
capacity is allowed if there are:
    (1) Segregated ballast tanks that meet the requirements in 
Sec. 157.09, Sec. 157.10, Sec. 157.10a, or Sec. 157.10b; or
    (2) No eductors arrangements that use water in addition to the 
washing water.
    (c) Design. A slop tank required in this section:
    (1) Must minimize turbulence, entrainment of oil, and the creation 
of an emulsion by the use of separate inlet and outlet connections; and
    (2) May carry bulk oil when not being used as a slop tank.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975]

    Editorial Note: For Federal Register citations affecting 
Sec. 157.15, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 157.17   Oily residue tank.

    (a) A tank vessel of 400 gross tons or more must have a tank that 
receives and holds oily residue resulting from purification of fuel and 
lubricating oil and from oil leakages in machinery spaces.
    (b) Each oily residue tank required in paragraph (a) of this section 
must have an adequate capacity that is determined by the:
    (1) Type of machinery installed on the vessel; and
    (2) Maximum fuel oil capacity.
    (c) Each oily residue tank on a new vessel must be designed to 
facilitate:
    (1) Cleaning; and
    (2) Discharging to a reception facility.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 
43704, June 30, 1980]



Sec. 157.19   Cargo tank arrangement and size.

    (a) This section applies to:
    (1) A U.S. or foreign vessel that is delivered after January 1, 
1977;

[[Page 455]]

    (2) A U.S. vessel that is delivered before January 1, 1977, for 
which the building contract is awarded after January 1, 1972, or, if 
there is no building contract, the keel is laid or the vessel is at a 
similar stage of construction after June 30, 1972; and
    (3) A foreign vessel that is delivered before January 1, 1977, for 
which the building contract is awarded after January 1, 1974, or, if 
there is no building contract, the keel is laid or the vessel is at a 
similar stage of construction after June 30, 1974.
    (b) As determined in accordance with the procedures contained in 
Appendix A of this part, each cargo tank must be of such size and 
arrangement that:
    (1) The hypothetical outflow for side damage (Oc) or for 
bottom damage (Os) anywhere within the length of the vessel 
must not exceed OA (30,000 cubic meters or 
(400) x (3DWT) whichever is greater, limited to a 
maximum of 40,000 cubic meters);
    (2) The volume of each wing tank and center tank is less than the 
allowable volume of a wing tank (VOLW) and the allowable 
volume of a center tank (VOLC) respectively; and
    (3) The length of a tank is less than the allowable length of a tank 
(la).
    (c) If a cargo transfer system interconnects two or more cargo 
tanks, the system must have valves to segregate the tanks from each 
other.
    (d) If a line of piping that runs through a cargo tank in a position 
less than tc from the vessel's side or less than vs 
from the vessel's bottom as defined in Appendix A of this part, has a 
branch, that branch must have a stop valve:
    (1) Within each cargo tank into which the branch opens; or
    (2) Outside each tank into which the branch opens in a location that 
is immediately adjacent to the point at which the branch enters the 
tank.
    (e) If piping that serves suction wells is installed within a double 
bottom, that piping must be:
    (1) Fitted with valves located at the point of connection to the 
tank served to prevent oil outflow in the event of damage to the piping; 
and
    (2) Designed to be installed as high from the bottom shell as 
possible.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976; CGD 76-088b, 48 FR 45720, Oct. 6, 1983]

    Cross Reference: See 33 CFR 151.50 (39 FR 30125) for an 
interpretative rule concerning tank arrangement and size limitations 
applicable to seagoing tank barges.



Sec. 157.21   Subdivision and stability.

    A new vessel that is a U.S. vessel must meet the following 
subdivision and damage stability criteria after assuming side and bottom 
damages, as defined in Appendix B of this Part. A U.S. vessel that meets 
the requirements in this section is considered by the Coast Guard as 
meeting 46 CFR 42.20-5.
    (a) The final waterline, taking into account sinkage, heel, and 
trim, must be below the lower edge of an opening through which 
progressive flooding may take place, such as an air pipe, or any opening 
that is closed by means of a weathertight door or hatch cover. This 
opening does not include an opening closed by a:
    (1) Watertight manhole cover;
    (2) Flush scuttle;
    (3) Small watertight cargo tank hatch cover that maintains the high 
integrity of the deck;
    (4) Remotely operated watertight sliding door; or
    (5) Side scuttle of the non-opening type.
    (b) In the final stage of flooding, the angle of heel due to 
unsymmetrical flooding must not exceed 25 degrees, except that this 
angle may be increased to 30 degrees if no deck edge immersion occurs.
    (c) For acceptable stability in the final stage of flooding, the 
righting lever curve must have a range of at least 20 degrees beyond the 
position of equilibrium in association with a maximum residual righting 
lever of at least 0.1 meter. For the calculations required in this 
section, weathertight openings or openings fitted with automatic 
closures (e.g., a vent fitted with a ball check valve), need not be 
considered as points of downflooding within the range of residual 
stability, but other

[[Page 456]]

openings must be accounted for in the calculation.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.23   Cargo and ballast system information.

    (a) Each tank vessel to which this part applies must have an 
instruction manual that describes the automatic and manual operation of 
the cargo and ballast system in the vessel.
    (b) The format and information contained in the instruction manual 
required in paragraph (a) of this section must be similar to the manual 
entitled ``Clean Seas Guide for Oil Tankers'' which can be obtained from 
the International Chamber of Shipping, 30-32 St. Mary Axe, London, 
England, EC3A 8ET.



Sec. 157.24  Submission of calculations, plans, and specifications.

    The owner, builder or designer of a new vessel to which this part 
applies shall submit the documentation specified in this section to the 
Coast Guard before that vessel enters the navigable waters of the United 
States. The owner, builder, or designer of a vessel that must comply 
with Sec. 157.10d shall submit the documentation specified in this 
section to the Coast Guard before that vessel enters the navigable 
waters of the United States or the U.S. Exclusive Economic Zone.
    (a) Calculations to substantiate compliance with the tank 
arrangement and size requirements under Sec. 157.19, or a letter from 
the government of the vessel's flag state that certifies compliance 
with:
    (1) Section 157.19; or
    (2) Regulations 24 of Annex I of the International Convention for 
the Prevention of Pollution from Ships, 1973.
    (b) Except for a new vessel that is a foreign vessel, calculations 
to substantiate compliance with subdivisions and damage stability 
requirements under Sec. 157.21.
    (c) Plans and calculations to substantiate compliance with the 
applicable segregated ballast and double hull requirements in 
Secs. 157.09, 157.10, 157.10a, 157.10b, or 157.10d, or certification 
from the government of the vessel's flag state that the vessel complies 
with the segregated ballast and double hull requirements in:
    (1) Sections 157.09, 157.10, 157.10a, 157.10b, or 157.10d, as 
applicable; or
    (2) For a vessel to which Sec. 157.10d does not apply, Regulations 
13 and 13E of the MARPOL Protocol.
    (d) Plans and specifications for the vessel that include:
    (1) Design characteristics;
    (2) A lines plan;
    (3) Curves of form (hydrostatic curves) or hydrostatic tables;
    (4) A general arrangement plan of each deck and level;
    (5) Inboard and outboard profile plans showing oiltight and 
watertight bulkheads;
    (6) A midship section plan;
    (7) A capacity plan showing the capacity and the vertical and 
longitudinal centers of gravity of each cargo space, tank, and similar 
space;
    (8) Tank sounding tables or tank capacity tables;
    (9) Draft mark locations;
    (10) Detailed plans of watertight doors; and
    (11) Detailed plans of vents.

[CGD 75-240, 41 FR 54180, Dec. 13, 1976, as amended by CGD 77-058b, 45 
FR 43708, June 30, 1980; CGD 79-152, 45 FR 82250, Dec. 15, 1980; CGD 90-
051, 57 FR 36244, Aug. 12, 1992]



Sec. 157.24a  Submission of calculations, plans, and specifications for existing vessels installing segregated ballast tanks.

    (a) Before modifications are made to a U.S. tank vessel to meet 
Sec. 157.10a(a)(1), Sec. 157.10a(c)(1), Sec. 157.10c(b)(1), or 
Sec. 157.10c(c)(1), the vessel's owner or operator must submit the 
following to the Officer in Charge, Marine Inspection, of the zone where 
the modification will be made or to the appropriate Coast Guard 
technical office listed in 157.100(b):
    (1) A drawing or diagram of the pumping and piping system for the 
segregated ballast tanks.
    (2) A drawing of the segregated ballast tank arrangement.
    (3) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the segregated ballast tanks, 
meets the stability standards for load line assignment in 46 CFR Part 
42.

[[Page 457]]

    (4) Documentation, calculations, or a revised loading manual to show 
that the vessel, with the addition of the segregated ballast tanks, 
meets the structural standards in 46 CFR Part 32.
    (5) Plans and calculations to show that the vessel, as modified, 
complies with the segregated ballast capacity and distribution 
requirements in Sec. 157.10a.
    (b) Before each foreign vessel under Sec. 157.10a(a)(1) or 
Sec. 157.10a(c)(1) enters the navigable waters of the United States, the 
owner or operator of that vessel must--
    (1) Submit to the Commandant (G-MOC), U.S. Coast Guard, Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
segregated ballast capacity requirements in Sec. 157.09(b); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made, a letter or document from the 
government of vessel's flag state certifying that the vessel complies 
with the segregated ballast capacity requirements in Sec. 157.09(b) or 
Regulation 13 of the MARPOL Protocol.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner, or 15 years after the completion of a major 
conversion, whichever is later, before that vessel enters the navigable 
waters of the United States, the owner or operator of an existing 
foreign vessel under Sec. 157.10c(b)(1) or Sec. 157.10c(c)(1) must--
    (1) Submit to the Commandant (G-MOC), U.S. Coast Guard, Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
applicable segregated ballast capacity requirements in Sec. 157.09(b) or 
Sec. 157.10c(d); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made a letter from an authorized CS 
or the government of the vessel's flag state certifying that the vessel 
complies with the segregated ballast capacity requirements in 
Sec. 157.09(b) or Sec. 157.10c(d).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



                       Subpart C--Vessel Operation



Sec. 157.25  Applicability of subpart C.

    (a) This subpart applies to each vessel to which this part applies 
of 150 gross tons or more, unless otherwise indicated, that carries 
crude oil or products in bulk as cargo. This subpart does not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (b) Sections 157.29, 157.31, 157.37(a)(5), 157.37(a)(6) and 157.43 
apply to foreign vessels when they discharge into the navigable waters 
of the United States.
    (c) Sections 157.35, 157.37, except paragraphs (a)(5) and (a)(6), 
157.39, 157.45, and 157.47 do not apply to foreign vessels.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended by CGD 90-051, 57 FR 
36244, Aug. 12, 1992]



Sec. 157.26  Operation of a tank vessel in violation of regulations.

    No person may cause or authorize the operation of a tank vessel in 
violation of the regulations in this part.

[CGD 77-058b, 45 FR 43708, June 30, 1980]



Sec. 157.27   Discharges: Tank vessels carrying oil exclusively on rivers, lakes, bays, sounds, and the Great Lakes, and seagoing tank vessels of less than 150 
          gross tons.

    Unless a tank vessel carrying oil exclusively on rivers, lakes, 
bays, sounds, and the Great Lakes, or a seagoing tank vessel of less 
than 150 gross tons discharges clean ballast or segregated ballast, the 
vessel must:
    (a) Retain on board any oily mixture; or

[[Page 458]]

    (b) Transfer an oily mixture to a reception facility.



Sec. 157.28   Discharges from tank barges exempted from certain design requirements.

    The person in charge of a tank barge exempted under Sec. 157.08(g) 
from the requirements in Secs. 157.11, 157.13, 157.15, and 157.23 shall 
ensure that while the barge is proceeding en route:
    (a) Cargo tanks are not ballasted or washed; and
    (b) Oil or oily mixtures are not discharged.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45721, Oct. 6, 1983; CGD 90-051, 57 FR 36244, Aug. 12, 1992]



Sec. 157.29   Discharges: Seagoing tank vessels of 150 gross tons or more.

    Unless a seagoing tank vessel of 150 gross tons or more discharges 
an oily mixture in compliance with the requirements in Sec. 157.37, 
Sec. 157.39, or Sec. 157.43, the vessel must:
    (a) Retain the mixture; or
    (b) Transfer the mixture to a reception facility.



Sec. 157.31   Discharges: Chemical additives.

    No person may use a chemical additive to circumvent the discharge 
requirements in Secs. 157.27, 157.29, 157.37, 157.39, and 157.43.



Sec. 157.33   Water ballast in oil fuel tanks.

    A new vessel may not carry ballast water in an oil fuel tank.



Sec. 157.35  Ballast added to cargo tanks.

    The master of a tank vessel with segregated ballast tanks or 
dedicated clean ballast tanks under Sec. 157.09, Sec. 157.10, 
Sec. 157.10a(a)(1), Sec. 157.10a(b), Sec. 157.10a(c), Sec. 157.10b(a), 
Sec. 157.10c(b)(1), or Sec. 157.10c(c) shall ensure that ballast water 
is carried in a cargo tank only if--
    (a) The vessel encounters abnormally severe weather conditions;
    (b) More ballast water than can be carried in segregated ballast 
tanks or dedicated clean ballast tanks is necessary for the safety of 
the vessel;
    (c) The ballast water is processed and discharged in compliance with 
Sec. 157.37; and
    (d) On a new vessel under Sec. 157.10 that carries crude oil, the 
ballast water is only carried in a cargo tank that is crude oil washed 
in accordance with Subpart D of this part during or after the most 
recent discharge of crude oil from that tank.

[CGD 77-058b, 45 FR 43708, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626, Mar. 22, 1985]



Sec. 157.37   Discharge of cargo residue.

    (a) A tank vessel may not discharge an oily mixture into the sea 
from a cargo tank, slop tank, or cargo pump room bilge unless the 
vessel:
    (1) Is more than 50 nautical miles from the nearest land;
    (2) Is proceeding en route;
    (3) Is discharging at an instantaneous rate of oil content not 
exceeding 60 liters per nautical mile;
    (4) Is an existing vessel and the total quantity of oil discharged 
into the sea does not exceed 1/15,000 of the total quantity of the cargo 
that the discharge formed a part, or is a new vessel and the total 
quantity of oil discharged into the sea does not exceed 1/30,000 of the 
total quantity of the cargo that the discharge formed a part;
    (5) Discharges:
    (i) Through the above waterline discharge point described in 
Sec. 157.11(b)(2);
    (ii) In accordance with Paragraph 5 of Appendix E to this part, if 
the vessel is an existing vessel with a Part Flow System meeting that 
appendix; or
    (iii) Below the waterline in accordance with paragraph (e) of this 
section;
    (6) Has in operation a cargo monitor and control system required by 
Sec. 157.12 that is designed for use with the oily mixture being 
discharged, except that the system may be operated manually if:
    (i) The automatic system fails during a ballast voyage;
    (ii) The failure is recorded in the Oil Record Book;
    (iii) The master ensures that the discharge is constantly monitored 
visually and promptly terminated when oil is detected in the discharge; 
and
    (iv) The system is operated manually only until the ballast voyage 
is completed; and

[[Page 459]]

    (7) Is outside the ``Special Areas'' defined in Regulation 1 (10) of 
Annex I to the MARPOL Protocol.
    (b) A seagoing tank vessel of 150 gross tons or more that carries 
asphalt or other products whose physical properties inhibit effective 
product/water separation and monitoring must transfer all residues and 
tank washings from such cargoes to a reception facility.
    (c) Each cargo monitor must be maintained and operated in accordance 
with its instructions manual.
    (d) All discharge data recorded by a cargo monitor must be retained 
for at least three years. The data for the most recent year must be 
retained on board the vessel.
    (e) Ballast containing an oily mixture may be discharged below the 
waterline at sea by gravity if:
    (1) The ballast is not from a slop tank;
    (2) Examination with an oil-water interface detector shows that oil-
water separation has taken place; and
    (3) The oil layer is high enough in the tank so that it will not be 
discharged.

(The information collection requirement contained in paragraph (d) of 
this section was approved by the Office of Management and Budget under 
OMB control number 2115-0518)

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45721, Oct. 6, 1983]



Sec. 157.39   Machinery space bilges.

    (a) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is combined with an oil cargo mixture if the vessel 
discharges in compliance with Sec. 157.37.
    (b) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is not combined with an oil cargo mixture if the 
vessel:
    (1) Is more than 12 nautical miles from the nearest land;
    (2) Is proceeding en route;
    (3) Is discharging an effluent with an oil content of less than 100 
parts per million; and
    (4) Has in operation an oil discharge monitoring and control system 
approved by the Coast Guard (specification regulation to be proposed) 
and oil water separating equipment approved by the Coast Guard 
(specification regulation to be proposed).



Sec. 157.41   Emergencies.

    Sections 157.27, 157.29, 157.37, and 157.39 do not apply to a tank 
vessel that discharges into the sea oil or oily mixtures:
    (a) For the purpose of securing the safety of the vessel or for 
saving life at sea; or
    (b) As a result of damage to the vessel or its equipment if:
    (1) Reasonable precautions are taken after the occurrence of the 
damage or discovery of the discharge for the purpose of preventing or 
minimizing the discharge; and
    (2) The owner, master or person in charge did not intend to cause 
damage, or did not act recklessly and with knowledge that damage of the 
environment would probably result.



Sec. 157.43  Discharges of clean and segregated ballast: Seagoing tank vessels of 150 gross tons or more.

    (a) Clean ballast may not be discharged overboard unless the 
discharge is verified as clean ballast through use of an approved cargo 
monitor or, if discharged before the required cargo monitor installation 
date, by visual examination of the ballast contents immediately before 
discharge. This paragraph applies to discharges of clean ballast:
    (1) From dedicated clean ballast tanks; and
    (2) Into the navigable waters of the United States from any other 
tank.
    (b) Segregated ballast may not be discharged overboard unless a 
visual examination, or a test of the ballast contents with an oil/water 
interface detector, immediately before the discharge shows that there is 
no oil mixture in the ballast. Use of a cargo monitor is not required. 
This paragraph applies to discharges of segregated ballast:
    (1) Into the navigable waters of the United States; and
    (2) Below the waterline at sea from an existing vessel that does not 
have an above the waterline discharge point for segregated ballast.
    (c) All discharges of clean ballast and segregated ballast must be 
through an

[[Page 460]]

above waterline discharge point described in Sec. 157.11(b)(2), except 
that:
    (1) A vessel may discharge clean ballast and segregated ballast 
below the waterline when in port or at an offshore terminal.
    (2) A vessel may discharge clean ballast and segregated ballast at 
sea by gravity below the waterline.
    (3) An existing vessel that does not have above waterline discharge 
points for dedicated clean ballast tanks may discharge clean ballast 
from those tanks below the waterline at sea.
    (4) An existing vessel that does not have above waterline discharge 
points for segregated ballast tanks may discharge segregated ballast 
below the waterline at sea.
    (d) This section applies only to seagoing tank vessels of 150 gross 
tons or more.

[CGD 76-088b, 48 FR 45721, Oct. 6, 1983; 48 FR 46985, Oct. 17, 1983]



Sec. 157.45   Valves in cargo or ballast piping system.

    When a tank vessel is at sea and the tanks contain oil, valves and 
closing devices in the cargo or ballast piping system or in the transfer 
system must be kept closed except they may be opened for cargo or 
ballast transfer to trim the vessel.



Sec. 157.47   Information for master.

    A master or person in charge of a new vessel shall operate the 
vessel in accordance with the information required in 46 CFR 31.10-30(d) 
that includes the following:
    (a) Stability information.
    (b) Damage stability information determined in accordance with the 
criteria contained in Appendix B of this part.
    (c) Loading and distribution of cargo information determined in 
compliance with the damage stability criteria required in Appendix B of 
this part.

[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.49   Instruction manual.

    The master of a tank vessel shall ensure that the instruction manual 
under Sec. 157.23 is available and used when the cargo or ballast 
systems are operated.



        Subpart D--Crude Oil Washing (COW) System on Tank Vessels

    Source: CGD 77-058b, 45 FR 43709, June 30, 1980, unless otherwise 
noted.

                                 General



Sec. 157.100  Plans for U.S. tank vessels: Submission.

    (a) Before each U.S. tank vessel having a COW system under 
Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit to 
the Coast Guard plans that include--
    (1) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (2) The design of each COW machine;
    (3) The arrangement, location, and installation of the COW machines; 
and
    (4) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the COW 
system is installed or to the Commanding Officer, U.S. Coast Guard 
Marine Safety Center, 2100 Second Street SW., Washington, DC 20593.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626 and 11630, Mar. 22, 1985; CDG 85-048a, 51 FR 15481, Apr. 24, 1986]



Sec. 157.102  Plans for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2), 
desires the letter from the Coast Guard under Sec. 157.106 accepting the 
plans submitted under this paragraph, the owner or operator must submit 
to the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001, 
plans that include--
    (a) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (b) The design of each COW machine;

[[Page 461]]

    (c) The arrangement, location, and installation of the COW machines; 
and
    (d) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627 and 11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 
CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.104  Scale models.

    If the pattern under Sec. 157.100(a)(4) or Sec. 157.102(d) cannot be 
shown on a plan, a scale model of each tank must be built for Coast 
Guard inspection to simulate, by a pinpoint of light, the projected 
direct impingement pattern on the surfaces of the tank.



Sec. 157.106  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the plans 
submitted under Sec. 157.100 or Sec. 157.102 are accepted if:
    (a) The plans submitted show that the COW system meets this subpart; 
or
    (b) The plans submitted and the scale model under Sec. 157.104 show 
that the COW system meets this subpart.



Sec. 157.108  Crude Oil Washing Operations and Equipment Manual for U.S. tank vessels: Submission.

    Before each U.S. tank vessel having a COW system under 
Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit two 
copies of a manual that meets Sec. 157.138, to the Officer in Charge, 
Marine Inspection, of the zone in which the COW system is installed or 
to the appropriate Coast Guard field technical office listed in 
Sec. 157.100(b).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985]



Sec. 157.110  Crude Oil Washing Operations and Equipment Manual for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) 
desires a Coast Guard approved Crude Oil Washing Operations and 
Equipment Manual under Sec. 157.112, the owner or operator must submit 
two copies of a manual that meets Sec. 157.138 to the Commandant (G-
MOC), U.S. Coast Guard, Washington, DC 20593-1000.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.112  Approved Crude Oil Washing Operations and Equipment Manual.

    If the manuals submitted under Sec. 157.108 or Sec. 157.110 meet 
Sec. 157.138, the Coast Guard approves the manuals and forwards one of 
the approved manuals to the submitter.



Sec. 157.114  Crude Oil Washing Operations and Equipment Manual: Not approved.

    If the manuals submitted under Sec. 157.108 or Sec. 157.110 are not 
approved, the Coast Guard forwards a letter to the submitter with the 
reasons why the manuals were not approved.



Sec. 157.116  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) 
shall ensure that the vessel does not engage in a voyage unless the 
vessel has on board the following:
    (a) The Crude Oil Washing Operations and Equipment Manual that--
    (1) Is approved under Sec. 157.112; or
    (2) Bears a certification by an authorized CS that the manual 
contains the information required under Sec. 157.138.
    (b) Evidence of acceptance of the tank vessel's COW system 
consisting of--
    (1) A document from an authorized CS that certifies the vessel meets

[[Page 462]]

Sec. 157.10c(b)(2) and each amending letter by the authorized CS 
approving changes in the design, equipment, or installation; or
    (2) The letter of acceptance under Sec. 157.106 and each amending 
letter issued under Sec. 157.158(c).
    (c) Evidence that the COW system passed the required inspections 
by--
    (1) A document from an authorized CS that the vessel has passed the 
inspections under Sec. 157.140; or
    (2) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985]



Sec. 157.118  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vessel under 
Sec. 157.10(e) or Sec. 157.10a(a)(2) shall ensure that the vessel does 
not enter the navigable waters of the United States or transfer cargo at 
a port or place subject to the jurisdiction of the United States unless 
the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Meets the manual standards in Resolution 15 of the MARPOL 
Protocol and bears the approval of the government of the vessel's flag 
state; and
    (2) Either--
    (i) A document from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 15 of the MARPOL 
Protocol; or
    (ii) The following letters issued by the Coast Guard:
    (A) The letter of acceptance issued under Sec. 157.106.
    (B) The letter of acceptance issued under Sec. 157.142.
    (C) Each amending letter issued under Sec. 157.158(c).
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign vessel having a COW system under Sec. 157.10c(b)(2) shall ensure 
that the vessel does not enter the navigable waters of the United States 
or transfer cargo at a port or place subject to the jurisdiction of the 
United States unless the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual contains the information 
required under Sec. 157.138;
    (2) Evidence that the COW system passed the required inspections 
by--
    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel passed the inspections 
under Sec. 157.140; or
    (ii) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140; and
    (3) Either--
    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel complies with the design, 
equipment and installation standards in Secs. 157.122 through 157.136 
and any amending letters approving changed COW system characteristics; 
or
    (ii) The letter of acceptance under Sec. 157.106 and any amending 
letters issued under Sec. 157.158(c).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985]



Sec. 157.120  Waiver of required documents.

    The Coast Guard waives the requirement for the letter under 
Sec. 157.116(b), if a U.S. tank vessel engages in a voyage, or under 
Sec. 157.118(b)(2)(ii), if a foreign tank vessel enters the navigable 
waters of the United States or transfers cargo at a port or place 
subject to the jurisdiction of the United States, for the purpose of 
being inspected under Sec. 157.140.

[[Page 463]]

                   Design, Equipment, and Installation



Sec. 157.122  Piping, valves, and fittings.

    (a) Except as allowed in paragraph (o) of this section, the piping, 
valves, and fittings of each COW system must:
    (1) Meet 46 CFR Part 56; and
    (2) Be of steel or an equivalent material accepted by the 
Commandant.
    (b) The piping of each COW system must be permanently installed.
    (c) The piping of each COW system must be separate from other piping 
systems on the vessel, except that the vessel's cargo piping may be a 
part of the COW piping if the cargo piping meets this section.
    (d) The piping of each COW system must have overpressure relief 
valves or other means accepted by the Commandant to prevent overpressure 
in the piping of the COW system, unless the maximum allowable working 
pressure of that system is greater than the shut-off head of each pump 
that meets Sec. 157.126(b).
    (e) Each overpressure relief valve must discharge into the suction 
side of a pump that meets Sec. 157.126(b).
    (f) The piping and equipment of a COW system may not be in machinery 
spaces.
    (g) Each hydrant valve for water washing in the piping of a COW 
system must:
    (1) Have adequate strength to meet 46 CFR Part 56 for the working 
pressure for which the system is designed; and
    (2) Be capable of being blanked off.
    (h) Each sensing instrument must have an isolating valve at its 
connection to the piping of the COW system, unless the opening to that 
connection is 0.055 inches (1.4 millimeters) or smaller.
    (i) If the washing system for cargo tanks has a steam heater used 
when water washing, it must be located outside the engine room and must 
be capable of being isolated from the piping of the COW system by:
    (1) At least two shut-off valves in the inlet piping and at least 
two shut-off valves in the outlet piping; or
    (2) Blank flanges identifiable as being closed (e.g., spectacle 
flanges).
    (j) If the COW system has a common piping system for oil washing and 
water washing, that piping system must be designed to drain the crude 
oil into a slop tank or a cargo tank.
    (k) The piping of a COW system must be securely attached to the tank 
vessel's structure with pipe anchors.
    (l) When COW machines are used as pipe anchors, there must be other 
means available for anchoring the piping if these machines are removed.
    (m) There must be a means to allow movement of the COW system piping 
as a result of thermal expansion and flexing of the tank vessel.
    (n) The supply piping attached to each deck mounted COW machine and 
each COW machine that is audio inspected under Sec. 157.155(a)(4)(ii) 
must have a shut-off valve.
    (o) On combination carriers, piping of the COW system installed 
between each COW machine located in a cargo tank hatch cover and an 
adjacent location just outside the hatch coaming, may be flexible hose 
with flanged connections that is acceptable by the Commandant.



Sec. 157.124  COW tank washing machines.

    (a) COW machines must be permanently mounted in each cargo tank.
    (b) The COW machines in each tank must have sufficient nozzles with 
the proper diameter, working pressure, movement, and timing to allow the 
tank vessel to pass the inspections under Sec. 157.140.
    (c) Each COW machine and its supply piping must be supported to 
withstand vibration and pressure surges.
    (d) There must be one portable drive unit available on board the 
vessel for every three COW machines that use portable drive units during 
COW operations required by Sec. 157.160 before each ballast voyage.
    (e) Except as allowed in paragraph (f) of this section, each cargo 
tank must have COW machines located to wash all horizontal and vertical 
areas of the tank by direct impingement, jet deflection, or splashing to 
allow the tank vessel to pass the inspections under Sec. 157.140. The 
following areas in each tank must not be shielded from direct 
impingement by large primary structural members or any other structural 
member determined to be equivalent to a large primary structural member 
by the Commandant when reviewing the

[[Page 464]]

plans submitted under Sec. 157.100 or Sec. 157.102:
    (1) 90 percent or more of the total horizontal area of the:
    (i) Tank bottom;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of the tank sides 
and swash bulkheads.
    (f) Each cargo tank on a vessel having a COW system under 
Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) with complicated internal 
structural members does not have to meet paragraph (e) of this section 
if the following areas of each cargo tank are washed by direct 
impingement and the tank vessel can pass the inspections under 
Sec. 157.140:
    (1) 90 percent or more of the total horizontal area of all the:
    (i) Tank bottoms;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of all the tank 
sides and swash bulkheads.
    (g) Each single nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the arc 
and rotation of the movement of the COW machine during COW operations.
    (h) Each multi-nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the 
movement of the COW machine during COW operations.
    (i) Each COW machine mounted to or close to the bottom of a tank 
without a means located outside of the cargo tank that indicates 
movement of the machine must not be programmable.

    Notes: 1. In the calculations to meet Sec. 157.124 (e) or (f), areas 
that are shielded from direct impingement by structural members other 
than large primary structural members or swash bulkheads can be 
calculated as areas being washed by direct impingement.
    2. One or more types of COW machines could be used to meet 
Sec. 157.124 (e) or (f).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.126  Pumps.

    (a) Crude oil must be supplied to the COW machines by COW system 
pumps or cargo pumps.
    (b) The pumps under paragraph (a) of this section must be designed 
and arranged with sufficient capacity to meet the following:
    (1) A sufficient pressure and flow is supplied to allow the 
simultaneous operation of those COW machines designed to operate 
simultaneously.
    (2) If an eductor is used for tank stripping, enough driving fluid 
is provided by the pumps to allow the eductor to meet Sec. 157.128(a).
    (c) There must be means on the tank vessel to maintain the pressure 
under paragraph (b) of this section when shore terminal back pressure is 
less than the pressure under paragraph (b) of this section.
    (d) The COW system must have two or more pumps that are capable of 
supplying oil to the COW machines.
    (e) The COW system must be designed to meet the requirements of this 
subpart with any one pump not operating.



Sec. 157.128  Stripping system.

    (a) Each tank vessel having a COW system under Sec. 157.10(e), 
Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) must have a stripping system 
that is designed to remove crude oil from--
    (1) Each cargo tank at 1.25 times the rate at which all the COW 
machines that are designed to simultaneously wash the bottom of the 
tank, are operating; and
    (2) The bottom of each tank to allow the tank vessel to pass the 
inspection under Sec. 157.140(a)(2).
    (b) Each cargo tank must be designed to allow the level of crude oil 
in the tank to be determined by:
    (1) Hand dipping at the aftermost portion of the tank and three 
other locations; or
    (2) Any other means accepted by the Commandant.

[[Page 465]]

    (c) Each stripping system must have at least one of the following 
devices for stripping oil from each cargo tank:
    (1) A positive displacement pump.
    (2) A self-priming centrifugal pump.
    (3) An eductor
    (4) Any other device accepted by the Commandant.
    (d) There must be a means in the stripping system piping between the 
device under paragraph (c) of this section and each cargo tank to 
isolate each tank from the device.
    (e) If the stripping system has a positive displacement pump or a 
self-priming centrifugal pump, the stripping system must have the 
following:
    (1) In the stripping system piping:
    (i) A pressure gauge at the inlet connection to the pump; and
    (ii) A pressure gauge at the discharge connection to the pump.
    (2) At least one of the following monitoring devices to indicate 
operation of the pump.
    (i) Flow indicator.
    (ii) Stroke counter.
    (iii) Revolution counter.
    (f) If the stripping system has an eductor, the stripping system 
must have:
    (1) A pressure gauge at each driving fluid intake and at each 
discharge; and
    (2) A pressure/vacuum gauge at each suction intake.
    (g) The equipment required under paragraphs (e) and (f) of this 
section must have indicating devices in the cargo control room or 
another location that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.130  Crude oil washing with more than one grade of crude oil.

    If a tank vessel having a COW system under Secs. 157.10(e), 
157.10a(a)(2), or 157.10c(b)(2) carries more than one grade of crude 
oil, the COW system must be capable of washing the cargo tanks with the 
grades of crude oil that the vessel carries.

[CGD 82-28, 50 FR 11627, Mar. 22, 1985]



Sec. 157.132  Cargo tanks: Hydrocarbon vapor emissions.

    Each tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) without sufficient segregated ballast tanks or 
dedicated clean ballast tanks to allow the vessel to depart from any 
port in the United States without ballasting cargo tanks must have--
    (a) A means to discharge hydrocarbon vapors from each cargo tank 
that is ballasted to a cargo tank that is discharging crude oil; or
    (b) Any other means accepted by the Commandant that prevents 
hydrocarbon vapor emissions when the cargo tanks are ballasted in port.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.134  Cargo tank drainage.

    Each cargo tank must be designed for longitudinal and transverse 
drainage of crude oil to allow the tank vessel to pass the inspections 
under Sec. 157.140.



Sec. 157.136  Two-way voice communications.

    Each tank vessel having a COW system under Sec. 157.10(e), 
Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) must have a means that enables 
two-way voice communications between the main deck watch required under 
Sec. 157.168 and each cargo discharge control station.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.138  Crude Oil Washing Operations and Equipment Manual.

    (a) Each Crude Oil Washing Operations and Equipment Manual must 
include the following information:
    (1) The text of the Annex of Resolution 15 of the MARPOL Protocol.
    (2) A line drawing of the tank vessel's COW system showing the 
locations of pumps, piping, and COW machines.
    (3) A description of the COW system.
    (4) The procedure for the inspection of the COW system during COW 
operations.
    (5) Design characteristic information of the COW system that 
includes the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (iii) Pressure and flow of the stripping suction device.

[[Page 466]]

    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (6) The design oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank.
    (7) The results of the inspections recorded when passing the 
inspections under Sec. 157.140.
    (8) Characteristics of the COW system recorded during the COW 
operations when passing the inspections under Sec. 157.140 that includes 
the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (iii) Pressure and flow of the stripping device.
    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (9) The oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (10) The volume of water used for water rinsing recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (11) The trim conditions of the tank vessel recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (12) The procedure for stripping cargo tanks of crude oil.
    (13) The procedure for draining and stripping the pumps and piping 
of the COW system, cargo system, and stripping system after each crude 
oil cargo discharge.
    (14) The procedure for crude oil washing cargo tanks that includes 
the following:
    (i) The tanks to be crude oil washed to meet Sec. 157.160.
    (ii) The order in which those tanks are washed.
    (iii) The single-stage or multi-stage method of washing each tank.
    (iv) The number of COW machines that operate simultaneously in each 
tank.
    (v) The duration of the crude oil wash and water rinse.
    (vi) The volume of water to be used for water rinse in each tank.
    (15) The procedures and equipment needed to prevent leakage of crude 
oil from the COW system.
    (16) The procedures and equipment needed if leakage of crude oil 
from the COW system occurs.
    (17) The procedures for testing and inspecting the COW system for 
leakage of crude oil before operating the system.
    (18) The procedures and equipment needed to prevent leakage of crude 
oil from the steam heater under Sec. 157.122(i) to the engine room.
    (19) The number of crew members needed to conduct the following:
    (i) The discharge of cargo.
    (ii) The crude oil washing of cargo tanks.
    (iii) The simultaneous operations in paragraphs (a)(19) (i) and (ii) 
of this section.
    (20) A description of the duties of each crew member under paragraph 
(a)(19) of this section.
    (21) The procedures for ballasting and deballasting cargo tanks.
    (22) The step by step procedure for the inspection of the COW system 
by vessel personnel before COW operations begin that includes the 
procedure for inspecting and calibrating each instrument. (Operational 
Checklist)
    (23) The intervals for on board inspection and maintenance of the 
COW equipment. Informational references to technical manuals supplied by 
the manufacturers may be included in this part of the manual.
    (24) A list of crude oils that are not to be used in COW operations.
    (25) The procedure to meet Sec. 157.155(a)(4).
    (b) In addition to meeting paragraph (a) of this section, each Crude 
Oil Washing Operations and Equipment Manual on a tank vessel having a 
COW system under Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) must include 
the following:
    (1) The procedure to meet Sec. 157.166.
    (2) The procedures to meet Sec. 157.155(b).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]

[[Page 467]]

                               Inspections



Sec. 157.140  Tank vessel inspections.

    (a) Before issuing a letter under Sec. 157.142, the Coast Guard 
makes an initial inspection of each U.S. tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) and each 
foreign tank vessel whose owner or operator submitted the plans under 
Sec. 157.102 to determine whether or not, when entering a port, the 
cargo tanks that carry crude oil meet the following:
    (1) After each tank is crude oil washed but not water rinsed, except 
the bottom of the tank may be flushed with water and stripped, each tank 
is essentially free of oil clingage or deposits of oil, or both to a 
degree acceptable to the Coast Guard inspector.
    (2) After the tanks that are to be used as ballast tanks when 
leaving the port are crude oil washed and stripped but not water rinsed 
or bottom flushed, they are filled with water and the total volume of 
crude oil floating on top of the water in these tanks is 0.085 percent 
or less of the total volume of these tanks.
    (b) Except on a tank vessel under Sec. 157.10(e), if the initial 
inspection under paragraph (a) of this section has been passed and the 
vessel arrives at the first cargo loading port after completing a 
ballast voyage, the Coast Guard monitors the discharge of effluent from 
those tanks that have been crude oil washed, water rinsed, stripped, and 
filled with ballast water to determine whether or not the oil content of 
the effluent is 15 ppm or less.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.142  Letter of acceptance: Inspections.

    If the inspections under Sec. 157.140 are passed, the Coast Guard 
issues to the tank vessel a letter that states that the vessel complies 
with this subpart.



Sec. 157.144  Tank vessels of the same class: Inspections.

    (a) If more than one tank vessel is constructed from the same plans, 
the owner or operator may submit a written request to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001, for only one of 
those tank vessels to be inspected under Sec. 157.140.
    (b) Only one tank vessel of the class is inspected under 
Sec. 157.140, if the Commandant accepts the request submitted under 
paragraph (a) of this section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.146  Similar tank design: Inspections on U.S. tank vessels.

    (a) If a U.S. tank vessel has tanks similar in dimensions and 
internal structure, the owner or operator may submit a written request 
to the Officer in Charge, Marine Inspection, of the zone in which the 
COW system is inspected, for only one of those tanks to be inspected 
under Sec. 157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under Sec. 157.140(a)(1), if the Officer 
in Charge, Marine Inspection, accepts the request submitted under 
paragraph (a) of this section.



Sec. 157.147  Similar tank design: Inspections on foreign tank vessels.

    (a) If a foreign tank vessel has tanks similar in dimensions and 
internal structure, the owner or operator may submit a written request 
to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593-
0001, for only one of those tanks to be inspected under 
Sec. 157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under Sec. 157.140(a)(1), if the 
Commandant accepts the request submitted under paragraph (a) of this 
section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.148  COW system: Evidence for inspections.

    (a) Before the inspections under Sec. 157.140 are conducted by the 
Coast Guard, the owner or operator of a foreign tank vessel that is to 
be inspected

[[Page 468]]

must submit to the Coast Guard inspector evidence that the COW system 
has been installed in accordance with the plans accepted under 
Sec. 157.106.
    (b) Before the inspections under Sec. 157.140 are conducted by the 
Coast Guard, the owner or operator of a tank vessel that is to be 
inspected must submit to the Coast Guard inspector evidence that the COW 
piping system has passed a test of 1\1/2\ times the design working 
pressure.



Sec. 157.150  Crude Oil Washing Operations and Equipment Manual: Recording information after inspections.

    After passing the inspections under Sec. 157.140, the owner, 
operator, and master shall ensure that the following are recorded in the 
Crude Oil Washing Operations and Equipment Manual approved under 
Sec. 157.112:
    (a) The results of the inspections under Sec. 157.140.
    (b) The following characteristics used to pass the inspections under 
Sec. 157.140:
    (1) Pressure and flow of the crude oil pumped to the COW machines.
    (2) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (3) Pressure and flow of the stripping suction device.
    (4) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (5) Volume of water used for water rinsing.
    (6) Trim conditions of the tank vessel.

                                Personnel



Sec. 157.152  Person in charge of COW operations.

    The owner, operator, and master of a tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that the person designated as the person in charge of COW 
operations--
    (a) Knows the contents in the Crude Oil Washing Operations and 
Equipment Manual approved by the Coast Guard under Sec. 157.112 or by 
the government of the vessel's flag state;
    (b) On at least two occasions, has participated in crude oil washing 
of cargo tanks, one of those occasions occurring on:
    (1) The tank vessel on which the person assumes duties as the person 
in charge of COW operations; or
    (2) A tank vessel that is similar in tank design and which has COW 
equipment similar to that used on the tank vessel on which the person 
assumes duties as the person in charge of COW operations; and
    (c) Has one year or more of tank vessel duty that includes oil cargo 
discharge operations and:
    (1) Crude oil washing of cargo tanks; or
    (2) Has completed a training program in crude oil washing operations 
that is approved by the Coast Guard or the government of the vessel's 
flag state.

    Note: Standards of a Coast Guard approved training program are to be 
developed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.154  Assistant personnel.

    The owner, operator, and master of a tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that each member of the crew that has a designated responsibility 
during COW operations--
    (a) Has six months or more of tank vessel duty that includes oil 
cargo discharge operations;
    (b) Has been instructed in the COW operation of the tank vessel; and
    (c) Is familiar with the contents of the Crude Oil Washing 
Operations and Equipment Manual approved by the Coast Guard under 
Sec. 157.112 or by the government of the vessel's flag state.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]

                             COW Operations



Sec. 157.155  COW operations: General.

    (a) The master of a tank vessel having a COW system under 
Sec. 157.10(e), Sec. 157.10a(a)(2), or 157.10c(b)(2) shall ensure that--
    (1) Before crude oil washing a cargo tank, the level in each tank 
with crude oil that is used as a source for crude oil washing is lowered 
at least one meter;

[[Page 469]]

    (2) A tank used as a slop tank is not used as a source for crude oil 
washing until:
    (i) Its contents are discharged ashore or to another tank; and
    (ii) The tank contains only crude oil;
    (3) During COW operations:
    (i) The valves under Sec. 157.122(i)(1) are shut; or
    (ii) The blanks under Sec. 157.122(i)(2) are installed;
    (4) The rotation of each COW machine mounted to or close to the 
bottom of each cargo tank is verified by:
    (i) A visual inspection of a means located outside of the cargo tank 
that indicates movement of the machine during COW operations;
    (ii) An audio inspection during COW operations; or
    (iii) An inspection on a ballast voyage, with water as the fluid 
flowing through the machine;
    (5) During the audio inspection under paragraph (a)(4)(ii) of this 
section, the COW machine being inspected is the only one operating in 
that tank;
    (6) Before the inspection under paragraph (a)(4)(iii) of this 
section, the tank that has the COW machine being inspected in it, is gas 
freed;
    (7) Each COW machine that is inspected under paragraph (a)(4)(iii) 
of this section is inspected at least once after every sixth COW 
operation of that machine, but no less that once every 12 months;
    (8) After each stripping operation is completed, each tank:
    (i) Is sounded by a means under Sec. 157.128(b); and
    (ii) Contains no oil except a minimal quantity near the stripping 
suction;
    (9) Before the tank vessel begins each ballast voyage, each cargo 
tank and each cargo main, stripping, and COW piping is stripped of crude 
oil and the strippings are conveyed ashore through the piping under 
Secs. 157.11(d)(3) or 157.11(e)(4);
    (10) Before water washing the cargo tanks, the piping of the COW 
system is drained of crude oil;
    (11) When the cargo tanks are not being water washed, the hydrant 
valves under Sec. 157.122(g) are blanked off;
    (12) If COW machines that are used as anchors for the piping of the 
COW system are removed, the means available under Sec. 157.122(l) for 
anchoring the piping are installed;
    (13) The fire main is not connected to the COW system; and
    (14) On combination carriers, if flexible hoses under 
Sec. 157.122(o) are used, those hoses are protectively stowed when not 
installed in the COW piping system.
    (b) In addition to meeting paragraph (a) of this section, the master 
of a tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) shall ensure that--
    (1) Before ballasting cargo tanks upon leaving a port, each cargo 
pump, manifold, and piping that is used for ballasting the cargo tanks 
is drained of all crude oil; and
    (2) Before ballasting or deballasting cargo tanks, except when 
ballasting cargo tanks to leave a port, the cargo piping that is used 
for ballasting or deballasting the cargo tanks is water washed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.156  COW operations: Meeting manual requirements.

    Except as allowed in Sec. 157.158, the master of a foreign tank 
vessel having a COW system under Secs. 157.10(e), 157.10a(a)(2), or 
157.10c(b)(2) that has the Crude Oil Washing Operations and Equipment 
Manual approved under Sec. 157.112 and is operating in the navigable 
waters of the United States or transferring cargo at a port or place 
subject to the jurisdiction of the United States and the master of a 
U.S. tank vessel having a COW system under Sec. 157.10(e), 
Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure that during each 
COW operation--
    (a) The procedures listed in the Crude Oil Washing Operations and 
Equipment Manual are followed; and
    (b) The characteristics recorded in the Crude Oil Washing Operations 
and Equipment Manual under Sec. 157.150(b) are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]

[[Page 470]]



Sec. 157.158  COW operations: Changed characteristics.

    The COW system may be operated with characteristics that do not meet 
those recorded under Sec. 157.150(b) only if:
    (a) The tank vessel passes the inspections under Sec. 157.140 using 
the changed characteristics;
    (b) The changed characteristics used to pass the inspections under 
Sec. 157.140 are recorded in the Crude Oil Washing Operations and 
Equipment Manual approved under Sec. 157.112; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating that the tank vessel complies with this subpart with these 
characteristics.



Sec. 157.160  Tanks: Ballasting and crude oil washing.

    (a) The owner, operator, and master of a tank vessel under 
Sec. 157.10(e) shall ensure that:
    (1) Ballast water is carried in a cargo tank only as allowed under 
Sec. 157.35;
    (2) For sludge control, at least 25 percent of the cargo tanks are 
crude oil washed before each ballast voyage and that each cargo tank is 
crude oil washed at least once every fourth time crude oil is discharged 
from the tank, but no tank need be crude oil washed more than once 
during each 120 day period;
    (3) Ballast water in a cargo tank that is crude oil washed but not 
water rinsed during or after the most recent discharge of crude oil from 
that tank is discharged in accordance with Sec. 157.37(a); and
    (4) Cargo tanks are not crude oil washed during a ballast voyage.
    (b) The owner, operator, and master of a tank vessel having a COW 
system under Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) shall ensure 
that--
    (1) Ballast water is carried only in a cargo tank that is crude oil 
washed during or after the most recent discharge of crude oil from that 
tank;
    (2) Before each ballast voyage a sufficient number of cargo tanks 
have been crude oil washed during or after the most recent discharge of 
crude oil from those tanks to allow ballast water to be carried in cargo 
tanks:
    (i) With a total capacity to meet the draft and trim requirements in 
Sec. 157.10a(d); and
    (ii) For the vessel's trading pattern and expected weather 
conditions;
    (3) For sludge control, at least 25 percent of the cargo tanks not 
used for carrying ballast water under paragraph (b)(2)(i) of this 
section are crude oil washed before each ballast voyage, and that each 
cargo tank is crude oil washed at least once every fourth time crude oil 
is discharged from the tank, but no tank need be crude oil washed more 
than once during each 120 day period;
    (4) Cargo tanks are not crude oil washed during a ballast voyage; 
and
    (5) Ballast water in a cargo tank that is crude oil washed but not 
water rinsed during or after the most recent discharge of crude oil from 
that tank is discharged in accordance with Sec. 157.37(a).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.162  Crude oil washing during a voyage.

    The master of a tank vessel having a COW system under 
Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure 
that each cargo tank that is crude oil washed during a voyage other than 
a ballast voyage--
    (a) Remains empty so that the tank may be inspected upon arrival at 
the next discharge port; and
    (b) If it is to be used as a ballast tank when leaving the discharge 
port, is ballasted before the vessel departs from that discharge port so 
that the tank may be inspected under Sec. 157.140(a)(2).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.164  Use of inert gas system.

    (a) The master of a tank vessel having a COW system under 
Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure 
the following:
    (1) Before each cargo tank is crude oil washed, the oxygen content 
in the tank is measured at each of the following locations in the tank:
    (i) One meter from the deck.
    (ii) In the center of the ullage space.
    (2) Before each cargo tank with partial bulkheads is crude oil 
washed, each

[[Page 471]]

area of that tank formed by each partial bulkhead is measured in 
accordance with paragraph (a)(1) of this section.
    (3) Before each cargo tank is crude oil washed, the oxygen content 
in that tank is 8 percent or less by volume at the locations under 
paragraph (a)(1) of this section.
    (4) During COW operations, the following are maintained in each 
cargo tank being crude oil washed:
    (i) A gas or a mixture of gases with an oxygen content of 8 percent 
or less by volume.
    (ii) A positive atmospheric pressure.
    (5) During COW operations, a crew member monitors the 
instrumentation under 46 CFR 32.53-60(a)(1), except if that 
instrumentation has an alarm that sounds in the cargo control room when 
the oxygen content exceeds 8 percent by volume.
    (b) Crude oil washing of the cargo tanks must be terminated when 
paragraph (a)(4) of this section is not met and crude oil washing of 
that tank may not be resumed until the requirements of paragraph (a)(4) 
of this section are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.166  Hydrocarbon emissions.

    If the tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) transfers cargo at a port in the United States that 
is in an area designated in 40 CFR Part 81 as an area that does not meet 
the national primary ambient air quality ozone standard under 40 CFR 
Part 50, issued under the Clean Air Act, as amended (42 U.S.C. 1857), 
the master of the vessel shall ensure that when cargo tanks are 
ballasted in that port the hydrocarbon vapors in each tank are contained 
by a means under Sec. 157.132.

    Note: Questions relating to whether or not a particular port is 
located in an area designated in 40 CFR Part 81 as an area that does not 
meet the national primary ambient air quality standard under 40 CFR Part 
50 should be directed to the Plans Analysis Section of the Environmental 
Protection Agency at (919) 541-5665.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.168  Crew member: Main deck watch.

    During COW operations, the master shall ensure that at least one 
member of the crew with a designated responsibility for monitoring COW 
operations is on the main deck at all times.



Sec. 157.170  COW equipment: Removal.

    (a) Whenever a deck mounted COW machine is removed from the tank, 
the master shall ensure that:
    (1) The supply piping to that machine is blanked off; and
    (2) The tank opening is sealed by a secured plate made of steel or 
an equivalent material accepted by the Commandant.
    (b) If the equipment for the COW system is removed from a cargo tank 
for the carriage of cargoes other than crude oil and then reinstalled, 
the master shall ensure that, before COW operations are conducted, the 
system has no crude oil leakage.



Sec. 157.172  Limitations on grades of crude oil carried.

    If a tank vessel having a COW system meeting Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) does not have segregated ballast tanks or dedicated 
clean ballast tanks that meet Sec. 157.10c(c)(2), the owner, operator, 
and master shall ensure that the vessel carries only the grades of crude 
oil that can be used for crude oil washing.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



        Subpart E--Dedicated Clean Ballast Tanks on Tank Vessels

    Source: CGD 77-058b, 45 FR 43714, June 30, 1980, unless otherwise 
noted.

                                 General



Sec. 157.200  Plans for U.S. tank vessels: Submission.

    (a) Before modifications are made to a U.S. vessel to meet 
Sec. 157.10a(b), Sec. 157.10b(a)(2), Sec. 157.10a(c)(2), or 
Sec. 157.10c(c)(2), the owner or operator must submit to the Coast Guard 
plans or documents that include the following:
    (1) The dedicated clean ballast tank arrangement.

[[Page 472]]

    (2) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the dedicated clean ballast 
tanks, meets the stability standards for load line assignment in 46 CFR 
Part 42.
    (3) Documentation, calculations, or a loading manual to show that 
the vessel, with the addition of the dedicated clean ballast tanks, 
meets the structural standards in 46 CFR Part 32.
    (4) A drawing or diagram of the pumping and piping system for the 
dedicated clean ballast tanks.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the 
dedicated clean ballast tank system is installed or to the Commanding 
Officer, U.S. Coast Guard Marine Safety Center, 2100 Second St., SW., 
Washington, DC 20593.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 
FR 82250, Dec. 15, 1980; CGD 82-28, 50 FR 11628, and 11630, Mar. 22, 
1985; CGD 85-048a, 51 FR 15481, Apr. 24, 1986]



Sec. 157.202  Plans and documents for foreign tank vessels: Submission.

    The owner or operator of a foreign tank vessel under 
Sec. 150.10a(b), Sec. 157.10a(c)(2), or Sec. 157.10b(a)(2) who desires 
the letter from the Coast Guard under Sec. 157.204 accepting the plans 
submitted under this paragraph, and the owner or operator of a foreign 
tank vessel under Sec. 150.10c(c)(2) must submit to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001--
    (a) Plans that include:
    (1) The dedicated clean ballast tank arrangement; and
    (2) A drawing or diagram of the pumping and piping system for the 
dedicated clean ballast tanks; and
    (b) Documentation from the authority that assigned the load line to 
the tank vessel that states that the location of the dedicated clean 
ballast tanks is acceptable to that authority.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.204  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the plans 
submitted under Sec. 157.200 or the plans and documents submitted under 
Sec. 157.202 are accepted, if the plans submitted under Sec. 157.200 or 
the plans and documents submitted under Sec. 157.202 show that the 
dedicated clean ballast tank system meets this subpart.



Sec. 157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. tank vessels: Submission.

    The owner or operator of a U.S. tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) must 
submit two copies of a manual that meets Sec. 157.224 to the Officer in 
Charge, Marine Inspection, of the zone in which the dedicated clean 
ballast tank system is installed or to the appropriate Coast Guard field 
technical office listed in Sec. 157.200(b).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985]



Sec. 157.208  Dedicated Clean Ballast Tanks Operations Manual for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel meeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or 
Sec. 157.10c(c)(2) desires a Coast Guard approved Dedicated Clean 
Ballast Tanks Operations Manual under Sec. 157.210, the owner or 
operator must submit two copies of a manual that meets Sec. 157.224 to 
the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.210  Approved Dedicated Clean Ballast Tanks Operations Manual.

    If the manuals submitted under Sec. 157.206 or Sec. 157.208 meet 
Sec. 157.224, the Coast Guard approves the manuals and forwards one of 
the approved manuals to the submitter.

[[Page 473]]



Sec. 157.212  Dedicated Clean Ballast Tanks Operations Manual: Not approved.

    If the Dedicated Clean Ballast Tanks Operations Manual submitted 
under Sec. 157.206 or Sec. 157.208 is not approved, the Coast Guard 
forwards a letter to the submitter with the reasons why the manual was 
not approved.



Sec. 157.214  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel meeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or 
Sec. 157.10c(c)(2) shall ensure that the vessel does not engage in a 
voyage unless the vessel has on board--
    (a) The letter under Sec. 157.204 accepting the dedicated clean 
ballast tank system plans;
    (b) The Coast Guard approved Dedicated Clean Ballast Tanks 
Operations Manual under Sec. 157.210; and
    (c) Any amending letters issued under Sec. 157.218 approving 
alterations.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, and 11630, Mar. 22, 1985]



Sec. 157.216  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vessel meeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or 
Sec. 157.10c(c)(2) shall ensure that the vessel does not enter the 
navigable waters of the United States or transfer cargo at a port or 
place subject to the jurisdiction of the United States unless the vessel 
has on board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Is certified by the government of the vessel's flag state 
because it meets the manual standards in Resolution 14 of the MARPOL 
Protocol; and
    (2) Either of the following:
    (i) A letter from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 14 of the MARPOL 
Protocol.
    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218(c).
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign tank vessel under Sec. 157.10c(c)(2) shall ensure that the 
vessel does not enter the navigable waters of the United States or 
transfer cargo at a port or place subject to the jurisdiction of the 
United States unless the vessel has on board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual meets Sec. 157.224; and
    (2) Either of the following:
    (i) A letter from an authorized CS or the government of the vessel's 
flag state certifying the vessel complies with Secs. 157.220 and 
157.222, and any amending letters issued approviding alterations.
    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985]



Sec. 157.218  Dedicated clean ballast tanks: Alterations.

    The dedicated clean ballast tanks or equipment on a tank vessel that 
has a letter issued under Sec. 157.204 may not be altered so that they 
no longer meet the plans accepted under that section unless:
    (a) The owner or operator of that vessel submits plans that show the 
alterations to the Coast Guard official to which the plans were 
submitted under Sec. 157.200 or Sec. 157.202;
    (b) The owner or operator of that vessel submits changes to the 
manual under Sec. 157.224 that show and describe the alterations to the 
Coast Guard official to which the manuals were submitted under 
Sec. 157.206 or Sec. 157.208; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating that the vessel, as altered, complies with this subpart.

[[Page 474]]

                          Design and Equipment



Sec. 157.220  Dedicated clean ballast tanks: Standards.

    (a) Cargo tanks that are designated as dedicated clean ballast tanks 
must allow the tank vessel to meet the draft and trim requirements under 
Secs. 157.10a(d) and 157.10b(b).
    (b) Each tank under paragraph (a) of this section must be:
    (1) A wing tank; or
    (2) Any other tank that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 
FR 82250, Dec. 15, 1980]



Sec. 157.222  Pump and piping arrangements.

    (a) Dedicated clean ballast tanks must be connected to the least 
practicable:
    (1) Number of pumps; and
    (2) Amount of piping.
    (b) Each piping system that is arranged to convey clean ballast and 
cargo must be designed to be flushed to the slop tank with water.
    (c) The piping system of each dedicated clean ballast tank must be 
arranged so that oily water does not enter any dedicated clean ballast 
tank when the piping system is flushed.
    (d) The piping system of each dedicated clean ballast tank must have 
at least two valves that isolate that tank from each cargo tank.
    (e) The piping system of the dedicated clean ballast tanks must have 
a sample point that is located in a vertical section of discharge 
piping.

    Note: An example of a sample point is shown in 46 CFR Figure 
162.050-17(e).



Sec. 157.224  Dedicated Clean Ballast Tanks Operations Manual.

    Each Dedicated Clean Ballast Tanks Operations Manual must include 
the following information:
    (a) The text of the Annex of Resolution 14 of the MARPOL Protocol.
    (b) A description of the dedicated clean ballast tanks system.
    (c) A procedure for dedicated clean ballast tanks operations.

    Note: Appendix D is an example of such a procedure.

                Dedicated Clean Ballast Tanks Operations



Sec. 157.225  Dedicated clean ballast tanks operations: General.

    The master of a tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that--
    (a) Before clean ballast in any dedicated clean ballast tank is 
discharged or transferred, the pump and piping system for conveying the 
clean ballast are flushed with water;
    (b) Before any dedicated clean ballast tank is ballasted, the pump 
and piping system for conveying the ballast are flushed with water;
    (c) Before the pump and piping system of the dedicated clean ballast 
tanks are used for cargo transfer:
    (1) If water in the dedicated clean ballast tanks is used for 
flushing the pump and piping system, the volume of water for flushing is 
equal to at least 10 times the volume of the piping to be flushed;
    (2) The piping system is drained of fluid; and
    (3) The valves under Sec. 157.222(d) are closed;
    (d) Flushing water is pumped from a sea chest or a dedicated clean 
ballast tank through the pump and piping system of the dedicated clean 
ballast tanks and then to a slop tank;
    (e) Clean ballast from each dedicated clean ballast tank is 
discharged in accordance with Sec. 157.43;
    (f) When the pump and piping system are being flushed:
    (1) The oil content of the flushing water in the piping system is 
monitored; and
    (2) The pump and piping system are flushed until the oil content of 
the flushing water in the piping stabilizes; and
    (g) If any pump or piping system that is flushed to meet paragraph 
(f) of this section is used to convey cargo during an emergency, that 
pump or piping system is flushed again to meet paragraph (f) of this 
section before being used to convey clean ballast.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985]

[[Page 475]]



Sec. 157.226  Dedicated Clean Ballast Tanks Operations Manual: Procedures to be followed.

    The master of a foreign tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) that has 
the Dedicated Clean Ballast Tanks Operations Manual approved under 
Sec. 157.210 and is operating in the navigable waters of the United 
States or transferring cargo at a port or place subject to the 
jurisdiction of the United States and the master of a U.S. tank vessel 
meeting Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a), or 
Sec. 157.10c(c)(1) shall ensure that the procedure listed in the 
Dedicated Clean Ballast Tanks Operations Manual are followed.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



Sec. 157.228  Isolating Valves: Closed during a voyage.

    (a) The master of each U.S. tank vessel under Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed during each 
voyage.
    (b) The master of each foreign tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed when the 
vessel is on a voyage in the navigable waters of the United States.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



         Subpart F--Exemption From Sec. 157.10a or Sec. 157.10c

    Source: CGD 79-126, 46 FR 3513, Jan. 15, 1981, unless otherwise 
noted.



Sec. 157.300  Qualifications for exemptions under this part.

    (a) Each vessel under Sec. 157.10a or Sec. 157.10c of this part may 
qualify for an exemption from the requirements of Sec. 157.10a or 
Sec. 157.10c of this part if--
    (1) The vessel loads and discharges cargo only at ports or places 
within the United States, its territories, or its possessions; and
    (2) The application for exemption meets Sec. 157.302.
    (b) Except where the owner can show good cause, a vessel is not 
granted an exemption under this subpart if a previous exemption for the 
vessel has been revoked by the Coast Guard under Sec. 157.308(a)(1) or 
Sec. 157.308 (a)(2).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985]



Sec. 157.302  Applying for an exemption or requesting modification of an exemption.

    (a) Each application for an exemption or modification must be in 
writing and submitted to the Commandant (G-MOC), U.S. Coast Guard, 
Washington, D.C. 20593-0001.
    (b) Each application for exemption must include the following: (1) 
The name and official number of the vessel for which the exemption is 
requested.
    (2) A list of each port or place where the vessel would load cargo.
    (3) The name, address, and telephone number for each shore-based 
reception facility at each port listed under paragraph (b)(2) of this 
section where the vessel would discharge its ballast water and cargo 
residues, including:
    (i) The name or title of the person at each facility who should be 
contacted for information concerning the operation of the reception 
facility; and
    (ii) A statement from the facility owner disclosing whether or not, 
based on current operating conditions, the facility has the capability 
of processing the anticipated volume and type of discharges from the 
vessel without adversely affecting the service of the facility to 
current users.
    (4) The number of the permit under the National Pollutant Discharge 
Elimination System (NPDES permit) issued to each listed shore-based 
reception facility.
    (5) A list of each type of oil cargo that the vessel would load.
    (6) A description of the method by which the vessel would discharge 
ballast water and cargo residues to each listed shore based reception 
facility.
    (c) Each request for modification to an exemption must include the 
following:
    (1) The name and official number of the vessel for which the 
modification to the exemption is requested.
    (2) The reason for requesting modification of the exemption.

[[Page 476]]

    (3) Any additional information which is pertinent to the 
modification.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.304  Shore-based reception facility: standards.

    No shore-based reception facility may be listed to meet 
Sec. 157.302(b)(3) unless that reception facility has:
    (a) A valid NPDES permit which allows it to process the ballast 
water and cargo residues of the vessel for which the exemption is being 
requested; and
    (b) The capacity to receive and store a volume of dirty ballast 
water equivalent to 30 percent of the deadweight, less the segregated 
ballast volume, of the vessel for which the exemption is being 
requested.



Sec. 157.306  Granting, denying, or modifying an exemption.

    (a) The Assistant Commandant for Marine Safety and Environmental 
Protection issues a written decision concerning the grant or denial of 
each exemption or modification requested under Sec. 157.302.
    (b) If the exemption or request for modification is denied, the 
decision under paragraph (a) of this section includes the reasons for 
the denial.
    (c) Any person directly affected by, and not satisfied with, a 
decision made under paragraph (a) of this section may appeal that 
decision, in writing, to the Commandant (G-MOC), U.S Coast Guard, 
Washington, DC 20593-0001. The appeal may contain any supporting 
documentation or evidence that the appellant wishes to have considered.
    (d) The Commandant, U.S. Coast Guard issues a ruling after reviewing 
the appeal submitted under paragraph (c) of this section. This ruling is 
final agency action.

[CGD 79-126,46 FR 3513, Jan. 15, 1981, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997]



Sec. 157.308  Revocation of exemption: procedure and appeals.

    (a) The Officer in Charge, Marine Inspection may consider the 
revocation of the exemption granted under this subpart when:
    (1) Requested by the vessel's owner;
    (2) There is evidence that the vessel's owner, operator, or master 
has failed to comply with the requirements of this subpart; or
    (3) There have been changes to the NPDES permit of a reception 
facility listed to meet Sec. 157.304(b)(3) that would adversely affect 
the ability of that facility to process the vessel's discharges.
    (b) The Officer in Charge, Marine Inspection, of the zone in which 
an occurrence under paragraph (a)(2) or (a)(3) of this section takes 
place notifies the owner, operator, and master of the exempted vessel of 
the specific reasons for considering the revocation of the exemption.
    (c) Evidence or arguments for the retention of the exemption that 
are submitted to the Officer in Charge, Marine Inspection within thirty 
days of receipt of the notice under paragraph (b) of this section will 
be considered before a ruling is made.
    (d) If the owner is not satisfied with the ruling made under this 
section by the Officer in Charge, Marine Inspection, that ruling may be 
appealed under the procedure in Sec. 157.06 of this part.



Sec. 157.310  Exempted vessels: operations.

    The owner, operator, and master of each vessel that has been granted 
an exemption under this subpart must ensure that:
    (a) The vessel trades only between ports or places within the United 
States, its territories or possessions;
    (b) The vessel loads cargo only at ports or places listed in the 
exemption;
    (c) Except as allowed under Sec. 157.41 (a) and (b) of this part, 
any ballast water, except segregated ballast discharged in accordance 
with Sec. 157.43(b) of this part, and any tank washing or cargo residues 
are:
    (1) Retained on board; or
    (2) Transferred to a shore-based reception facility that is listed 
in the application for exemption, or in the case of an emergency or a 
shipyard entry,

[[Page 477]]

an alternative acceptable to the cognizant Officer in Charge, Marine 
Inspection;
    (d) The vessel loads only those cargoes listed in the exemption; and
    (e) The letter under Sec. 157.306 that grants the exemption is on 
board the vessel; or
    (f) The certificate of inspection bearing the following endorsement 
is on board the vessel:

Exempted under 33 CFR 157.306 from the requirements of (33 CFR 157.10a 
or 157.10c, whichever is appropriate, will be inserted). This vessel may 
not discharge cargo in any foreign port, nor may it load cargo in a port 
other than the following: (a list of ports contained in the application 
that is accepted by the Coast Guard for the exempted vessel will be 
inserted here).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985]



  Subpart G--Interim Measures for Certain Tank Vessels Without Double 
                      Hulls Carrying Petroleum Oils

    Source: CGD 91-045, 59 FR 40188, Aug. 5, 1994, unless otherwise 
noted.



Sec. 157.400  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
petroleum oil spills.
    (b) This subpart applies to each tank vessel specified in 
Sec. 157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries petroleum oil in bulk as cargo or cargo residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but required 
to be equipped with a double hull at a date set forth in 46 U.S.C. 3703a 
(b)(3) and (c)(3).

[CGD 91-045, 61 FR 39788, July 30, 1996]



Sec. 157.410  Emergency lightering requirements for oil tankers.

    No later than August 5, 1995, each oil tanker, to which this subpart 
applies, shall carry the equipment listed in paragraphs (a), (b), and 
(c) of this section. This equipment shall be located on the main deck, 
in the cargo control room, in the pump room, or in the forecastle 
locker. This equipment must be protected from the weather and must be 
stored in one separate and marked location which is as convenient to the 
cargo manifold, as is practicable.
    (a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow 
at least two simultaneous transfer connections to be made from the 
vessel's cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-
inch), and 25-centimeter (10-inch) cargo hoses. All reducers must be 
permanently marked with sizes.
    (b) One extra set of adapters, bolts, washers, nuts, and gaskets per 
reducer set must be carried as spares.
    (c) Reducers, bolts, and gaskets must meet the requirements of 46 
CFR 56.25. Cast iron and malleable iron must not be used.

[CGD 91-045, 59 FR 40188, Aug. 5, 1994, as amended by CGD 91-045, 61 FR 
39789, July 30, 1996]



Sec. 157.415  Bridge resource management policy and procedures.

    (a) Not later than February 1, 1997, a tankship owner or operator 
shall provide written policy and procedures to masters and officers in 
charge of the navigational watch concerning the need for continuously 
reassessing how bridge-watch resources are being allocated and used, 
based on bridge resource management principles. This written policy and 
procedures must include vessel and crew specific examples that address 
the following:
    (1) The number of qualified individuals that should be on watch to 
ensure that all duties can be performed effectively.
    (2) The appropriate qualifications of all members of the 
navigational watch, the importance of confirming that all members of the 
watch are fit for duty, and the need to ensure that all members of the 
navigational watch are not impaired by fatigue.
    (3) The need to take into account any known limitation in 
qualifications or fitness of individuals when making navigational and 
operational decisions.
    (4) The need to be clear and unambiguous in assigning duties and the 
need

[[Page 478]]

to establish that the individual understands his or her 
responsibilities.
    (5) The need to perform tasks in a clear order of priority and to 
adjust the priority of tasks as circumstances may require.
    (6) The importance of assigning and reassigning members of the watch 
to locations where they can perform their duties most effectively.
    (7) Conditions that warrant task reassignment among members of the 
watch.
    (8) The instruments and equipment necessary for the effective 
performance of each task and appropriate actions if the instruments and 
equipment are not available or not functioning properly.
    (9) The need for, and examples of, clear, immediate, reliable, and 
relevant communication among members of the navigational watch.
    (10) The action to be taken to suppress, remove, and avoid 
nonessential activity and distractions on the bridge.
    (11) The importance of collecting, processing, and interpreting all 
essential information and making it conveniently available to other 
members of the navigational watch and the pilot, as necessary to perform 
their duties.
    (12) The need to ensure that nonessential materials are not placed 
on the bridge.
    (13) The need to ensure that members of the navigational watch are 
prepared to respond at all times efficiently and effectively to changes 
in circumstances.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties that are similar to the duties of the officer in 
charge of a navigational watch on the primary towing vessel have been 
provided written bridge resource management policy and procedures as 
specified in paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.420  Vessel specific watch policy and procedures.

    (a) Not later than February 1, 1997, the owner or operator of a 
tankship shall provide written policy and procedures to masters 
concerning the need for each individual who is newly employed on board 
the vessel to have a reasonable opportunity to become familiar with the 
shipboard equipment, operating procedures, and other arrangements needed 
for the proper performance of their duties, before being assigned to 
such duties. This written policy and procedures shall be followed by the 
master and shall include the following:
    (1) Allocation of a reasonable and appropriate time period for each 
newly employed individual to allow him or her the opportunity to become 
acquainted with the following:
    (i) The specific equipment the individual will be using or 
operating; and
    (ii) The vessel specific watchkeeping, safety, environmental 
protection, and emergency procedures and arrangements the individual 
needs to know to perform the assigned duties properly.
    (2) Designation of a knowledgeable crew member who will be 
responsible for ensuring that an opportunity is provided to each newly 
employed individual to receive essential information in a language the 
individual understands.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties as master or operator on the primary towing vessel 
have been provided written policy and procedures as specified in 
paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.430  Enhanced survey requirements.

    Beginning at each tank vessel's next regularly scheduled drydock 
examination and continuing as required under 46 CFR part 31, or, for 
each foreign flagged tank vessel, beginning at the next drydock and 
continuing as required under the foreign vessel's flag administration, a 
tank vessel owner or operator shall--
    (a) Implement an enhanced survey program that complies with the 
standards of IMO Resolution A.744(18), Annex B sections 1.1.3-1.1.4, 
1.2-1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with appendices;
    (b) Implement a vessel specific survey program that provides a level 
of

[[Page 479]]

protection equivalent to the requirements in paragraph (a)(1) of this 
section and is approved by the Commandant (G-MOC). A written request for 
program equivalency under this paragraph must be submitted to the 
Commandant (G-MOC); or
    (c) For a tankship of less than 20,000 deadweight tons (dwt) 
carrying crude oil, a tankship of less than 30,000 dwt carrying product, 
or a tank barge, implement an enhanced survey program that--
    (1) Includes oversight of the program by the Coast Guard, the 
vessel's flag administration, an authorized classification society as 
described in Sec. 157.04 of this part, or a licensed professional 
engineer;
    (2) Has the frequency of survey which is no less than the 
inspections required by 46 CFR subpart 31.10;
    (3) Has survey scope and recordkeeping requirements that are 
comparable to the requirements of paragraph (a)(1) of this section; and
    (4) Includes keeping a copy of the most recent survey on board the 
vessel or, upon request by the Coast Guard, making the surveys available 
within 24 hours for examination.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.435  Vital systems surveys.

    (a) A tank vessel owner or operator shall ensure that surveys of the 
following systems are conducted:
    (1) Cargo systems. The survey must include the examination and 
testing of the items listed in chapters 6, 7, and 10 of the 
International Safety Guide for Oil Tankers and Terminals, if applicable, 
prior to cargo transfer operations.
    (2) Mooring systems. The survey must include a visual examination of 
the emergency towline, the anchor releasing mechanism, and mooring lines 
prior to entering the port or place of destination, if weather permits, 
or prior to getting underway.
    (b) Surveys must be conducted by company management personnel, 
company designated individuals, or vessel officers knowledgeable about 
the equipment operating parameters and having the authority, capability, 
and responsibility to initiate corrective action when the equipment is 
not functioning properly.
    (c) The results of the survey required in paragraph (a) of this 
section, including the material condition of each system, must be 
recorded in the tank vessel's deck log or other onboard documentation.

[CGD 91-045, 61 FR 39789, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Sec. 157.440  Autopilot alarm or indicator.

    (a) A tankship owner or operator shall ensure that each installed 
autopilot unit without automatic manual override has an audible and 
visual alarm, which is distinct from other required bridge alarms, that 
will activate if the helm is manually moved while the autopilot is 
engaged.
    (b) A tank barge owner or operator shall ensure that each autopilot 
unit without automatic manual override installed on the primary towing 
vessel has a means to clearly indicate the autopilot status and warns 
personnel of the requirement to disengage the autopilot if positive 
rudder control is needed.

[CGD 91-045, 61 FR 39790, July 30, 1996]



Sec. 157.445  Maneuvering performance capability.

    (a) A tankship owner or operator shall ensure that maneuvering tests 
in accordance with IMO Resolution A.751(18), sections 1.2, 2.3-2.4, 3-
4.2, and 5 (with Explanatory Notes in MSC/Circ.644) have been conducted 
by July 29, 1997. Completion of maneuvering performance tests must be 
shown by--
    (1) For a foreign flag tankship, a letter from the flag 
administration or an authorized classification society, as described in 
Sec. 157.04 of this part, stating the requirements in paragraph (a) of 
this section have been met; or
    (2) For a U.S. flag tankship, results from the vessel owner 
confirming the completion of the tests or a letter from an authorized 
classification society, as described in Sec. 157.04 of this part, 
stating the requirements in paragraph (a) of this section have been met.
    (b) If a tankship undergoes a major conversion or alteration 
affecting the control systems, control surfaces, propulsion system, or 
other areas which may be expected to alter maneuvering

[[Page 480]]

performance, the tankship owner or operator shall ensure that new 
maneuvering tests are conducted as required by paragraph (a) of this 
section.
    (c) If a tankship is one of a class of vessels with identical 
propulsion, steering, hydrodynamic, and other relevant design 
characteristics, maneuvering performance test results for any tankship 
in the class may be used to satisfy the requirements of paragraph (a) of 
this section.
    (d) The tankship owner or operator shall ensure that the performance 
test results, recorded in the format of Appendix 6 of the Explanatory 
Notes in MSC/Circ.644, are prominently displayed in the wheelhouse.
    (e) Prior to entering the port or place of destination and prior to 
getting underway, the tankship master shall discuss the results of the 
performance tests with the pilot while reviewing the anticipated transit 
and the possible impact of the tankship's maneuvering capability on the 
transit.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]

    Effective Date Note: By CGD 91-045, 61 FR 39790, July 30, 1996, 
Sec. 157.445 was added, effective July 29, 1997.



Sec. 157.450  Maneuvering and vessel status information.

    A tankship owner, master, or operator shall comply with IMO 
Resolution A.601(15), Annex sections 1.1, 2.3, 3.1, and 3.2, with 
appendices.

[CGD 91-045, 61 FR 39790, July 30, 1996]



Sec. 157.455  Minimum under-keel clearance.

    (a) Prior to entering the port or place of destination and prior to 
getting underway, the master of a tankship that is not fitted with a 
double bottom that covers the entire cargo tank length shall meet the 
following requirements:
    (1) The tankship's deepest navigational draft must be calculated and 
include--
    (i) The mean draft;
    (ii) The trim and list characteristics; and
    (iii) The intended transit speed and the corresponding squat 
characteristics, if known.
    (2) The anticipated controlling depth must be calculated and 
include--
    (i) Tide and current conditions;
    (ii) Present sea state conditions;
    (iii) Past weather impact on water depth;
    (iv) The depth at the facility or anchorage; and
    (v) The depth of the transit area found in the publication and chart 
materials required to be on board the tankship by 33 CFR part 164.
    (3) The anticipated under-keel clearance must be calculated by 
subtracting the tankship's deepest navigational draft from the 
anticipated controlling depth. The tankship's calculated deepest 
navigational draft, anticipated controlling depth, and the calculated 
anticipated under-keel clearance must be recorded in the tankship's log 
or in other onboard documentation.
    (4) The tankship master shall discuss with the pilot the anticipated 
under-keel clearance calculation and its possible impact on the 
tankship's planned transit.
    (5) The tankship master shall--
    (i) Inform the tankship owner or operator of the calculated 
anticipated under-keel clearance, unless the owner or operator has 
provided the master with written port specific under-keel clearance 
guidance.
    (ii) Record the communication with the owner or operator in the 
tankship's log or other documentation, if there is no written port 
specific under-keel clearance guidance provided by the owner or 
operator.
    (6) Having been informed by the master of the anticipated under-keel 
clearance, the owner or operator shall not allow the tankship to proceed 
if the tankship's transit would not be prudent considering, but not 
limited to, the anticipated under-keel clearance, any COTP under-keel 
clearance guidance, and the pilot's recommended clearance.
    (b) The owner or operator of a tank barge, that is not fitted with a 
double bottom that covers the entire cargo tank length, shall not permit 
the barge to be towed unless the primary towing vessel master or 
operator has been provided with written port specific under-keel 
clearance guidance that includes--

[[Page 481]]

    (1) Port specific minimum under-keel clearance requirements;
    (2) Factors to consider when calculating the tank barge's deepest 
navigational draft;
    (3) Factors to consider when calculating the anticipated controlling 
depth;
    (4) Consideration of port specific weather or environmental 
conditions; and
    (5) Conditions which mandate when the tank barge owner or operator 
shall be contacted prior to port entry or getting underway; if no such 
conditions exist, the guidance must contain a statement to that effect.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]

    Effective Date Note: By CGD 91-045, 61 FR 60189, Nov. 27, 1996, in 
Sec. 157.455 paragraphs (a)(5) and (6) were suspended, effective Nov. 
27, 1996.



Sec. 157.460  Additional operational requirements for tank barges.

    (a) Emergency steering capability. The owner or operator of each 
tank barge shall not permit the barge to be towed unless, by November 
27, 1997, the primary towing vessel has--
    (1) A steering gear system with a main power unit, an alternative 
power unit, and two remote steering gear control systems, except that 
separate steering wheels or steering levers are not required. The 
steering gear control systems must be arranged so that if the system in 
operation fails, the other system can be brought into immediate 
operation from a position on the navigating bridge; or
    (2) Twin screw propulsion with separate control systems for each 
propeller.
    (b) Fendering system. An owner or operator of a tank barge shall not 
permit the barge to be towed unless the primary towing vessel and any 
fleeting or assist towing vessels have a fendering system that is of 
substantial size and composition to prevent metal to metal contact 
between the towing vessel and the barge during maneuvering operations.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]

    Effective Date Note: By CGD 91-045, 61 FR 39790, July 30, 1996, 
Sec. 157.460 was added; paragraph (a) is effective July 29, 1997.



  Subpart H--Interim Measures for Certain Tank Vessels Without Double 
               Hulls Carrying Animal Fat or Vegetable Oil

    Source; CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.



Sec. 157.500  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of animal fat or vegetable oil.
    (b) This subpart applies to each tank vessel specified in 
Sec. 157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries animal fat or vegetable oil in bulk as cargo or cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but required 
to be equipped with a double hull at a date set forth in 46 U.S.C. 3703a 
(b)(3) and (c)(3).



Sec. 157.510  Operational measures.

    An owner or operator of a tank vessel that carries animal fat or 
vegetable oil in bulk as cargo or cargo residue shall comply with the 
requirements in all sections of subpart G of this part.



  Subpart I--Interim Measures for Certain Tank Vessels Without Double 
                 Hulls Carrying Other Non-Petroleum Oil

    Source; CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.



Sec. 157.600  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of other non-petroleum oil.
    (b) This subpart applies to each tank vessel specified in 
Sec. 157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries other non-petroleum oil in bulk as cargo or cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of

[[Page 482]]

Sec. 157.10d, but required to be equipped with a double hull at a date 
set forth in 46 U.S.C. 3703a (b)(3) and (c)(3).



Sec. 157.610  Operational measures.

    An owner or operator of a tank vessel that carries other non-
petroleum oil in bulk as cargo or cargo residue shall comply with the 
requirements in all sections of subpart G of this part.

                         Appendices to Part 157

 Appendix A--Damage Assumptions, Hypothetical Outflows, and Cargo Tank 
                          Size and Arrangements

    1. Source. The procedures for the damage assumption calculations 
contained in this Appendix conform to Regulations 22, 23, and 24 of 
Annex I of the International Convention for the Prevention of the 
Pollution from Ships, 1973, done at London, November 2, 1973.
    2. Assumptions. For the purpose of calculating hypothetical outflow 
from tank vessels, three dimensions of the extent of damage of a 
parallelepiped on the side and bottom of the vessel are assumed.
    (a) For side damage, the conditions are as follows:

------------------------------------------------------------------------
                  Damage                             Conditions         
------------------------------------------------------------------------
(1) Longitudinal extent lc................  \1/3\ L2/3 or 14.5 m,       
                                             whichever is less.         
(2) Transverse extent (tc) (inboard from    B                           
 the vessel's side at right angles to the   --or 11.5 m, whichever is 5 
 centerline at the level corresponding to    less.                      
 the assigned summer freeboard).                                        
(3) Vertical extent (vc)..................  From the base line upwards  
                                             without limit.             
------------------------------------------------------------------------

    (b) For bottom damage, two conditions to be applied individually to 
the stated portions of the vessel, as follows:

------------------------------------------------------------------------
                                               Conditions               
                              ------------------------------------------
            Damage                For 0.3L from the                     
                                forward perpendicular    Any other part 
                                       of ship               of ship    
------------------------------------------------------------------------
(1) Longitudinal extent (l s)  L/10...................  L/10 or 5       
                                                         meters,        
                                                         whichever is   
                                                         less.          
(2) Transverse extent (t s)..  B/6 or 10 meters,        5 meters.       
                                whichever is less but                   
                                not less than 5 meters.                 
(3) Vertical extent from the   B/15 or 6 meters,        B/15 or 6       
 base line (vs).                whichever is less.       meters,        
                                                         whichever is   
                                                         less.          
------------------------------------------------------------------------

    3. Hypothetical Outflow of Oil. (a) The hypothetical outflow of oil 
in the case of side damage (Oc) and bottom damage 
(Os) is calculated by the following formula with respect to 
compartments breached by damage to all conceivable locations along the 
length of the vessel to the extent as defined in section 2 of this 
Appendix.

    (1) For side damages: Formula

 Oc =  Wi+ KiCi

    (2) For bottom damage: Formula II

  Os = \1/3\( ZiWi+ 
                       ZiCi)

Where:
Wi=Volume of a wing tank assumed to be breached by the damage 
as specified in section 2 of this Appendix; Wi for a 
segregated ballast tank may be taken equal to zero;
Ci=Volume of a center tank assumed to be breached by the 
damage as specified in section 2 of this Appendix; Ci for a 
segregated ballast tank may be taken equal to zero;

                                             bi                         
                                        Ki=1- --                        
                                             tc                         
                                                                        

when bi is equal to or greater than tc, Ki 
is equal to zero;

                                             hi                         
                                        Zi=1- --                        
                                             vs                         
                                                                        

when hi is equal to or greater than vs, Zi 
is equal to zero;
bi=Minimum width of wing tank under consideration measured 
inboard from the vessel's side at right angles to the centerline at the 
level corresponding to the assigned summer freeboard; and
hi=Minimum depth of the double bottom under consideration; 
where no double bottom is fitted, hi is equal to zero.
    (b) If a void space or segregated ballast tank of a length less than 
lc is located between wing oil tanks, Oc in 
formula I of this section may be calculated on the basis of volume 
Wi being the actual volume of one such tank (where they are 
of equal capacity) or the smaller of the two tanks (if they differ in 
capacity), adjacent to such space, multiplied by Si as 
defined below and taking for all other wing tanks involved in such a 
collision the value of the actual full volume.

                                             li                         
                                        Si=1- --                        
                                             lc                         
                                                                        

Where li=length of void space or segregated ballast tank 
under consideration.

[[Page 483]]

    (c) Credit is only given in respect to double bottom tanks which are 
either empty or carrying clean water when cargo is carried in the tanks 
above.
    (1) If the double bottom does not extend for the full length and 
width of the tank involved, the double bottom is considered nonexistent 
and the volume of the tanks above the area of the bottom damage must be 
included in formula II of this section even if the tank is not 
considered breached because of the installation of such a partial double 
bottom.
    (2) Suction wells may be neglected in the determination of the value 
hi if such wells are not excessive in area and extend below 
the tank for a minimum distance and in no case more than half the height 
of the double bottom. If the depth of such a well exceeds half the 
height of the double bottom, hi is taken equal to the double 
bottom height minus the well height.
    (d) In the case where bottom damage simultaneously involves four 
center tanks, the value of Os may be calculated according to 
formula III as follows:

  Os = \1/4\( ZiWi+ 
                       ZiCi)

    (e) Credit for reduced oil outflow from bottom damage may be applied 
to formula III for an installed emergency high suction cargo transfer 
system that:
    (1) transfers within two hours oil equal to one half of the volume 
of the largest tank involved;
    (2) has sufficient ballast or cargo tankage available to receive the 
transferred oil; and
    (3) has the high suction piping installed at a height not less than 
the vertical extent of bottom damage (vs).
    4. Allowable volumes of cargo tanks.
    (a) The allowable volume of a wing cargo tank (VOLw) is 
equal to seventy-five percent of OA. In a segregated ballast 
tank vessel VOLw may equal OA for a wing cargo oil 
tank located between two segregated ballast tanks each of length greater 
than lc and width greater than tc.
    (b) The allowable volume of a center cargo tank (VOLc) is 
50,000 cubic meters.
    5. Allowable length of cargo tanks.
    The length of each cargo tank (1a) must not exceed 10 meters or the 
distance calculated from (a), (b), or (c), as appropriate, whichever is 
greater:
    (a) Where no longitudinal bulkhead is provided inside the cargo 
tanks: 1a=[0.5(bi/B)+0.1] L, but not to exceed 0.2L.
    (b) Where a centerline longitudinal bulkhead is provided inside the 
cargo tanks: 1a=[0.25(bi/B)+0.15] L, but not to exceed 0.2L.
    (c) Where two or more longitudinal bulkheads are provided inside the 
cargo tanks:
    (1) For wing cargo tanks: 1a = 0.2L.
    (2) For center cargo tanks:
    (i) If (bi/B) is equal to or greater than 0.2, 1a = 0.2L.
    (ii) If (bi/B) is less than 0.2:
    (A) Where no centerline longitudinal bulkhead is provided, 1a = 
[0.5(bi/B) + 0.1] L.
    (B) Where a centerline longitudinal bulkhead is provided, 1a = 
[0.25(bi/B) + 0.15] L.
    (d) ``bi'' is the minimum distance from the ship's side to the outer 
longitudinal bulkhead of the tank in question, measured inboard at right 
angles to the centerline at the level corresponding to the assigned 
summer freeboard.
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 90-051, 57 FR 36245, Aug. 12, 1992]

            Appendix B--Subdivision and Stability Assumptions

    1. Source. The procedures for the loading assumption calculations 
contained in this Appendix conform to Regulation 25 of Annex I of the 
International Convention for the Prevention of the Pollution from Ships, 
1973, done at London, November 2, 1973.
    2. Loading Assumptions. For the purpose of calculating subdivision 
and damage stability for a tank vessel, the operating drafts must 
reflect actual partial or full load conditions consistent with trim and 
strength of the vessel. Ballast conditions need not be considered if the 
tank vessel is not carrying oil in cargo tanks excluding oily residues. 
Loading condition must reflect the specific gravities of the cargo.
    3. Damage Assumptions.
    (a) Damage is applied to all conceivable locations along the length 
of the vessel as follows:
    (1) For a vessel of more than 225 meters in length, anywhere in the 
vessel's length.
    (2) For a vessel of more than 150 meters, but not exceeding 225 
meters in length, anywhere in the vessel's length except where the after 
or forward bulkhead bounding a machinery space located aft is involved 
in the damage assumption. The machinery space is calculated as a single 
floodable compartment.
    (3) For a vessel 150 meters or less in length, anywhere in the 
vessel's length between adjacent transverse bulkheads except the 
machinery space.
    (b) The extent and the character of the assumed side or bottom 
damage, as defined in section 2 of Appendix A of this part, must be 
applied except longitudinal bottom damage within 0.3L from the forward 
perpendicular must be assumed to be the same as that for side damage. If 
any damage of lesser extent results in a more severe condition, such 
damage must be assumed.
    (c) If damage involves transverse bulkheads as specified in 
paragraphs (a)(1) and (2) of this section, transverse watertight 
bulkheads must be spaced at least at a distance equal to the 
longitudinal extent of the assumed damage specified in paragraph (b) of

[[Page 484]]

this section in order to be considered effective. Where transverse 
bulkheads are spaced at a lesser distance, one or more of these 
bulkheads within such extent of damage must be assumed as nonexistent 
for the purpose of determining flooded compartments.
    (d) If the damages between adjacent transverse watertight bulkheads 
is within the definition contained in paragraph (a)(3) of this section, 
no main transverse bulkhead or a transverse bulkhead bounding side tanks 
or double bottom tanks is to be assumed damaged, unless:
    (1) the spacing of the adjacent bulkheads is less than the 
longitudinal extent of assumed damage defined in paragraph (b) of this 
section; or
    (2) there is a step or a recess in a transverse bulkhead of more 
than 3.05 meters in length, located within the extent of penetrations of 
assumed damage. The step formed by the after peak bulkhead and after 
peak tank top is not regarded as a step for these calculations.
    (e) If pipes, ducts, or tunnels are situated within the assumed 
extent of damage, there must be arrangements so that progressive 
flooding may not thereby extend to compartments other than those assumed 
to be floodable for each case of damage.
    4. Characteristic and Condition Assumption for Calculations.
    (a) Account must be taken of any empty or partially filled tanks, 
the specific gravity of cargoes carried, and any outflow of liquids from 
damaged compartments.
    (b) The permeabilities are assumed as follows:

------------------------------------------------------------------------
                    Intended space use                      Permeability
------------------------------------------------------------------------
Stores....................................................          0.60
Accommodation.............................................          0.95
Machinery.................................................          0.85
Voids.....................................................          0.95
Consumable liquids........................................  \1\0 or 0.95
Other liquids.............................................      \2\10 or
                                                                    0.95
------------------------------------------------------------------------
\1\Whichever results in the more severe requirements.                   
\2\The permeability of partially filled compartments must be consistent 
  with actual density and the amount of liquid carried.                 

    (c) The buoyancy of any superstructure directly above the side 
damage is to be disregarded. The unflooded parts of superstructures 
beyond the extent of damage may be taken into consideration if they are 
separated from the damaged space by watertight bulkheads and no 
progressive flooding of these intact spaces takes place. Class I doors 
are allowed in watertight bulkheads in the superstructure.
    (d) The free surface effect is to be calculated:
    (1) at an angle of heel of 5 degrees for each individual 
compartment; or
    (2) by assessing the shift of liquids by moment of transference 
calculations.
    (e) In calculating the effect of free surfaces of consumable 
liquids, it is to be assumed that, for each type of liquid, at least one 
transverse pair or a single centerline tank has a free surface and the 
tank or combination of tanks to be taken into account is to be those 
where the effect of free surface is the greatest.

Appendix C--Procedure for Determining Distribution of Segregated Ballast 
    Tanks To Provide Protection Against Oil Outflow in the Event of 
                    Grounding, Ramming, or Collision

    1. Source. The procedure for determining the distribution of 
segregated ballast tanks contained in this appendix conforms to 
Regulation 13E of the MARPOL Protocol.
    2. Procedure. Protective location of segregated ballast tanks, 
voids, and other spaces that do not carry cargo which are within the 
cargo tank length is determined from the following:

PAc + PAs = J[Lt(B + 
                                  2D)]

Where:

PAc=the side shell area in square meters based on projected 
          molded dimensions for each segregated ballast tank, void, or 
          other space that does not carry cargo and which complies with 
          paragraph 2(b) of this appendix;
PAs=the bottom shell area in square meters based on projected 
          molded dimensions for each segregated ballast tank, void, or 
          other space that does not carry cargo and which complies with 
          paragraph 2(b) of this appendix;
Lt=the length in meters between the forward and after 
          extremities of the cargo tanks;
B=the maximum breadth of the ship in meters measured amidship to the 
          molded line of the frame; and
D=the molded depth in meters measured vertically from the top of the 
          keel plate to the top of the freeboard deck beam at the side 
          amidships. In tank vessels having rounded gunwales, the molded 
          depth is measured from the top of the keel plate to the point 
          of intersection of the molded lines of the deck and side shell 
          plating, the lines being extended as though the gunwale were 
          of angular design.

    (a) Method of determining a value for J.
    (1) For tank vessels for 20,000 DWT, J=0.45.
    (2) For tank vessels of 200,000 DWT or more:
    (i) J=0.30; or
    (ii) J=the greater of 0.20, or



                                                          (Oc + Os)                                             
                0.30  -                  <5-ln [>a         --------        <5-ln ]>                             
                                                 -                                 ,                            
                                                             40A                                                
                                                                                                                

where:


[[Page 485]]


a=0.25 for tank vessels of 200,000 DWT.
a=0.40 for tank vessels of 300,000 DWT.
a=0.50 for tank vessels of 420,000 DWT.

    For values of DWT between 200,000 and 300,000 DWT, 300,000 and 
420,000 DWT, and greater than 420,000 DWT, the value of ``a'' is 
determined by linear interpolation.

Oc = as calculated in Appendix A of this part.
Os = as calculated in Appendix A of this part.
OA = the allowable oil outflow meeting Sec. 157.19(b)(1) of 
          this part.

    (3) For values of DWT between 20,000 and 200,000 DWT, the value of 
``J'' is determined by linear interpolation between 0.45 and 0.30 
respectively.
    (b) PAc and PAs: Criteria for determining the 
segregated ballast tanks, voids, and other spaces that do not carry 
cargo.
    The following criteria are to be met for a segregated ballast tank, 
void, or space that does not carry cargo, to be used in determining 
PAc and PAs:
    (1) The minimum width of each wing tank or space, either of which 
extends for the full depth of the vessel's side or from the main deck to 
the top of the double bottoms is 2 meters or more. The width is measured 
inboard from the vessel's side shell plating at right angles to the 
vessel's center line. If a wing tank or space has a width anywhere 
within it that is less than 2 meters, that wing tank or space is not 
used when calculating PAc.
    (2) The minimum vertical depth of each double bottom tank or space 
is B/15 or 2 meters, whichever is smaller. If a double bottom tank or 
space has a depth less than B/15 or 2 meters, whichever is smaller, 
anywhere within it, the double bottom or space is not to be used when 
calculating PAs.
    (3) The minimum width of a wing tank or space is not measured in the 
way of--
    (i) the turn of the bilge area; or
    (ii) a rounded gunwale area.
    (4) The minimum depth of a double bottom tank or space is not 
measured in the way of the turn of the bilge area.

[CGD 77-058b, 45 FR 43716, June 30, 1980]

  Appendix D--Example of a Procedure for Dedicated Clean Ballast Tanks 
                               Operations

    1. Source. The example procedure for dedicated clean ballast tanks 
operation contained in this appendix conforms to the Annex of Resolution 
14 of the MARPOL Protocol.
    2. Example Procedure. Dedicated clean ballast tanks operational 
procedure:
    (a) Before arrival at the loading port:
    (1) Transfer all remaining slop to a cargo tank.
    (2) Ensure that the pumping and piping designated for clean ballast 
operation have been properly cleaned to accommodate simultaneous 
discharge of clean ballast while loading.
    (3) Ensure that all valves to the slop tank and the cargo tanks are 
closed.
    (4) Perform visual inspection of all dedicated clean ballast tanks 
and their contents, if any, for signs of contamination.
    (5) Discharge a sufficient amount of clean ballast water to ensure 
that remaining ballast water and cargo to be loaded will not exceed the 
permissible deadweight or draft. Leave a sufficient amount of water for 
flushing the piping, and as a minimum, a quantity equal to 10 times the 
volume of the affected piping.
    (6) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (7) If no further ballast discharge is anticipated, drain the clean 
ballast piping.
    (b) In the loading port:
    (1) Perform normal loading operations of cargo tanks.
    (2) Ensure sufficient slop tank capacity is available for subsequent 
reception of cargo pump and piping flushings.
    (3) When applicable, discharge remaining clean ballast before entire 
piping system is used for loading. Leave the required minimum quantity 
of flushing water in ballast tanks.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Ensure that all valves to the cargo tank are closed upon 
completion of loading.
    (c) After departure from the loading port:
    (1) Flush appropriate pumping and piping with sufficient water from 
dedicated clean ballast tanks into a slop tank.
    (2) Ensure that valves to the slop tank are closed before pumping 
the remaining clean water overboard and monitoring oil content of the 
water.
    (3) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (d) Before arrival at the unloading port:
    (1) Ensure that all valves to the slop tank and cargo tanks are 
closed.
    (2) Recheck that the pumping and piping designated for clean ballast 
operation have been properly cleaned.
    (3) Ballast through clean cargo pumps and piping, considering the 
port's draft requirements.
    (4) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (e) In the unloading port:
    (1) Allocate pumping and piping intended for clean ballast 
operation.
    (2) Perform normal unloading operations.
    (3) As soon as draft conditions permit, complete ballasting to 
departure conditions.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Complete unloading.
    (f) After departure from the unloading port:

[[Page 486]]

    (1) Flush pumps and piping servicing the dedicated clean ballast 
tanks into the slop tank.
    (2) Top up dedicated clean ballast tanks.
    (3) Process the slop tank content in accordance with load on top 
(LOT) procedures.

[CGD 77-058b, 45 FR 43717, June 30, 1980]

Appendix E--Specifications for the Design, Installation and Operation of 
         a Part Flow System for Control of Overboard Discharges

    Source. Appendix 2 to Annex 5 of IMO's Marine Environment Protection 
Committee document MEPC/Circ. 97. Paragraphs 1 and 2 are printed for 
information. Paragraphs 3, 4, and 5 are incorporated into Secs. 157.11 
and 157.37.
    Note: Information in square brackets on Figure 1 has been added by 
the Coast Guard for clarity.

                               1  Purpose

    The purpose of these Specifications is to provide specific design 
criteria and installation and operational requirements for the part flow 
system referred to in Regulation 18(6)(e) of Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973 as modified by the Protocol of 1978 relating thereto.

                             2  Application

    2.1  Existing oil tankers may, in accordance with Regulation 
18(6)(e) of Annex I of MARPOL 73/78, discharge dirty ballast water and 
oil contaminated water from cargo tank areas below the waterline, 
provided part of the flow is led through permanent piping to a readily 
accessible location on the upper deck or above where it may be visually 
observed during the discharge operation and provided that the 
arrangements comply with the requirements established by the 
Administration and which shall at least contain all the provisions of 
these Specifications.
    2.2  The part flow concept is based on the principle that the 
observation of a representative part flow of the overboard effluent is 
equivalent to observing the entire effluent stream. These specifications 
provide the details of the design installation, and operation of a part 
flow system.

                          3  General Provisions

    3.1  The part flow system shall be so fitted that it can effectively 
provide a representative sample of the overboard effluent for visual 
display under all normal operating conditions.
    3.2  The part flow system is in many respects similar to the 
sampling system for an oil discharge monitoring and control system but 
shall have pumping and piping arrangements separate from such a system, 
or combined equivalent arrangements acceptable to the Administration.
    3.3  The display of the part flow shall be arranged in a sheltered 
and readily accessible location on the upper deck or above, approved by 
the Administration (e.g. the entrance to the pump room). Regard should 
be given to effective communication between the location of the part 
flow display and the discharge control position.
    3.4  Samples shall be taken from relevant sections of the overboard 
discharge piping and be passed to the display arrangement through a 
permanent piping system.
    3.5  The part flow system shall include the following components:
    .1  Sampling probes;
    .2  Sample water piping system;
    .3  Sample feed pump(s);
    .4  Display arrangement;
    .5  Sample discharge arrangement; and, subject to the diameter of 
the sample piping:
    .6  Flushing arrangement.
    .3.6  The part flow system shall comply with the applicable safety 
requirements.

                          4  System Arrangement

    4.1  Sampling points.
    4.1.1  Sampling point locations:
    .1  Sampling points shall be so located that relevant samples can be 
obtained of the effluent being discharged through outlets below the 
waterline which are being used for operational discharges.
    .2  Sampling points shall as far as practicable be located in pipe 
sections where a turbulent flow is normally encountered.
    .3  Sampling points shall as far as practicable be arranged in 
accessible locations in vertical sections of the discharge piping.
    4.1.2  Sampling probes:
    .1  Sampling probes shall be arranged to protrude into the pipe a 
distance of about one fourth of the pipe diameter.
    .2  Sampling probes shall be arranged for easy withdrawal for 
cleaning.
    .3  The part flow system shall have a stop valve fitted adjacent to 
each probe, except that were the probe is mounted in a cargo line, two 
stop valves shall be fitted in series, in the sample line.
    .4  Sampling probes should be of corrosion resistant and oil 
resistant material, of adequate strength, properly jointed and 
supported.
    .5  Sampling probes shall have a shape that is not prone to becoming 
clogged by particle contaminants and should not generate high 
hydrodynamic pressures at the sampling probe tip. Figure 1 is an example 
of one suitable shape of a sampling probe.
    .6  Sampling probes shall have the same nominal bore as the sample 
piping.
    4.2  Sample piping:

[[Page 487]]

    .1  The sample piping shall be arranged as straight as possible 
between the sampling points and the display arrangement. Sharp bends and 
pockets where settled oil or sediment may accumulate should be avoided.
    .2  The sample piping shall be so arranged that sample water is 
conveyed to the display arrangement within 20 seconds. The flow velocity 
in the piping should not be less than 2 metres per second.
    .3  The diameter of the piping shall not be less than 40 millimetres 
if no fixed flushing arrangement is provided and shall not be less than 
25 millimetres if a pressurized flushing arrangement as detailed in 
paragraph 4.4 is installed.
    .4  The sample piping should be of corrosion-resistant and oil-
resistant material, of adequate strength, properly jointed and 
supported.
    .5  Where several sampling points are installed the piping shall be 
connected to a valve chest at the suction side of the sample feed pump.
    4.3  Sample feed pump:
    .1  The sample feed pump capacity shall be suitable to allow the 
flow rate of the sample water to comply with 4.2.2.
    4.4  Flushing arrangement:
    .1  If the diameter of sample piping is less than 40 millimetres, a 
fixed connexion from a pressurized sea or fresh water piping system 
shall be installed to enable flushing of the sample piping system.
    4.5  Display arrangement:
    .1  The display arrangement shall consist of a display chamber 
provided with a sight glass. The chamber should be of a size that will 
allow a free fall stream of the sample water to be clearly visible over 
a length of at least 200 millimetres. The Administration may approve 
equivalent arrangements.
    .2  The display arrangement shall incorporate valves and piping in 
order to allow a part of the sample water to bypass the display chamber 
to obtain a laminar flow for display in the chamber.
    .3  The display arrangement shall be designed to be easily opened 
and cleaned.
    .4  The internal of the display chamber shall be white except for 
the background wall which shall be so coloured in order to facilitate 
the observation of any change in the quality of the sample water.
    .5  The lower part of the display chamber shall be shaped as a 
funnel for collection of the sample water.
    .6  A test cock for taking a grab sample shall be provided in order 
that a sample of the water can be examined independent of that in the 
chamber.
    .7  The display arrangement shall be adequately lighted to 
facilitate visual observation of the sample water.
    4.6  Sample discharge arrangement:
    .1  The sample water leaving the display chamber shall be routed to 
the sea or to a slop tank through piping of adequate diameter.

                              5  Operation

    5.1  When a discharge of dirty ballast water or other oil 
contaminated water from the cargo tank area is taking place through an 
outlet below the waterline, the part flow system shall provide sample 
water from the relevant discharge outlet at all times.
    5.2  The sample water should be observed particularly during those 
phases of the discharge operation when the greatest possibility of oil 
contamination occurs. The discharge shall be stopped whenever any traces 
of oil are visible in the flow and when the oil content meter reading 
indicates oil content exceeds permissible limits.
    5.3  On those systems that are fitted with flushing arrangements, 
the sample piping should be flushed after contamination has been 
observed and additionally it is recommended that the sample piping be 
flushed after each period of usage.
    5.4  The ship's cargo and ballast handling manuals and, where 
applicable, those manuals required for crude oil washing systems or 
dedicated clean ballast tanks operation shall clearly describe the use 
of the part flow system in conjunction with the ballast discharge and 
the slop tank decanting procedures.

[[Page 488]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.017


[CGD 75-124a, 48 FR 45721, Oct. 6, 1983]

[[Page 489]]

 Appendix F--Guidelines and Specifications for Oil Discharge Monitoring 
                     and Control Systems for Tankers

    Source. IMO Resolution A.496(XII). Paragraphs 1, 2, 3, and 7 are 
printed for information. Paragraphs 4, 5, and 6 are incorporated into 
Sec. 157.12.
    Mandatory Language. Wherever the word ``should'' is used in this 
appendix, substitute the word ``shall''. Compliance with these 
provisions is mandatory.
    Note. Numbered footnotes have been added by the Coast Guard for 
clarity. Footnotes in the original text have been inserted 
parenthetically in the text and are identified by an asterisk.

                               1  Purpose

    1.1  The purpose of these Guidelines and Specifications is:
    .1  To provide a uniform interpretation of the requirements of 
Regulation 15(3)(a) of Annex I to the MARPOL 73/78 Convention(1), and
    .2  To assist Administrations in determining appropriate design, 
construction and operational parameters for oil discharge monitoring and 
control systems when such systems are fitted in ships flying the flag of 
their State.

                              2  Background

    2.1  The requirements of Annex I to the MARPOL 73/78 Convention 
relating to oil content monitoring of oil tanker ballast and tank 
washing water are contained in Regulation 15(3)(a), which stipulates 
that oil tankers of 150 tons gross tonnage and above shall be equipped 
with an approved oil discharge monitoring and control system and that 
the system shall record continuously:
    .1  The discharge of oil in litres per nautical mile and total 
quantity of oil discharge; or
    .2  In lieu of the total quantity of oil discharged, the oil content 
of the effluent and rate of discharge.

In both cases the record shall be ``identifiable as to time and date'' 
and shall be kept for at least three years.
    2.2  Regulation 15 also stipulates that the system shall come into 
operation when there is any discharge of effluent into the sea and shall 
be such as will ensure that any discharge of oily mixture is 
automatically stopped when the instantaneous rate of discharge of oil 
exceeds that permitted by Regulation 9(1)(a). In existing oil tankers 
the stopping of the discharge may be performed manually and the rate of 
discharge may be estimated from the pump characteristics.
    2.3  A test and performance specification for the basic oil content 
meter, indicating oil content in ppm, has been adopted by Resolution 
A.393(X).
    2.4  Resolution A.445(XI) recognizes the need for early installation 
of oil discharge monitoring and control systems in order that 
operational experience can be gained. That resolution further invites 
the Marine Environment Protection Committee (MEPC) to develop guidelines 
for the progressive installation of oil discharge monitoring and control 
systems for new and existing oil tankers.

                             3  Application

    3.1  An oil discharge monitoring and control system, approved by the 
Administration, shall be fitted in every oil tanker of 150 tons gross 
tonnage and above, and shall be fitted in:
    .1  New (*as defined in Regulation 1(6))(2) tankers, on the date of 
entry into force of the Convention;
    .2  Existing tankers, within three years of the date of entry into 
force of the Convention.
    3.2  Existing tankers operating with a tank cleaning procedure using 
crude oil washing in accordance with Regulation 13(8) or with dedicated 
clean ballast tanks in accordance with Regulation 13(9) must fit an oil 
content meter not later than the first scheduled shipyard visit after 
entry into force of the Convention.
    3.3  An incentive scheme to encourage the early installation of oil 
discharge monitoring and control systems (Resolution A.445(XI)) has been 
developed which allows different requirements depending on the date of 
installation of the system and the size and building date of the oil 
tanker. The terms used in the description of the various requirements 
are defined in section 4 below.

                             4  Definitions

    4.1  ``Oil discharge monitoring and control system''
    4.1.1  Oil discharge monitoring and control system is a general term 
covering any one of the units referred to in paragraphs 4.2, 4.3, and 
4.4.
    4.2  ``Control unit''
    4.2.1  A control unit is a system which receives automatic signals 
of:
    .1  Oil content;
    .2  Flow rate of discharge;
    .3  Ship's speed;
    .4  Date and time (G.M.T.); and
    .5  Discharge valve position (open or closed).
    4.2.2  The unit shall make automatic recordings of:
    .1  Instantaneous rate of discharge of oil;
    .2  Total quantity of oil discharged;
    .3  Date and time (G.M.T.);
    .4  Discharge valve position (open or closed);

[[Page 490]]

    .5  Alarm condition;
    .6  Failure (i.e. no flow, fault etc.); and
    .7  Override action (i.e. manual override, flushing, calibration 
etc.).
    4.2.3  The unit shall be fitted with a starting interlock and 
discharge valve control capability. The unit shall meet the 
specifications contained in the relevant paragraphs of section 6.
    4.3  ``Computing unit''.
    4.3.1  A computing unit is a system which receives automatic signals 
of:
    .1  Oil content;
    .2  Date and time (G.M.T.);
    .3  Discharge valve activation;
    .4  Flow rate of discharge; and
    .5  Ship's speed in knots.
The flow rate and ship's speed may be manually inserted into the unit.
    4.3.2  The unit shall make automatic recordings of:
    .1  Instantaneous rate of discharge of oil;
    .2  Total quantity of oil discharged;
    .3  Date and time (G.M.T.);
    .4  Discharge valve position (open or closed);
    .5  Alarm condition;
    .6  Failure (i.e. no flow, fault etc.);
    .7  Override action;
    .8  Manual input (i.e. speed, flow); and
    .9  Oil content if the flow rate has been manually inserted.
    4.3.3  Unless explicitly stated in the Implementation Requirements 
(see section 5 below) the unit need not be fitted with a starting 
interlock or discharge valve control capability.
    4.3.4  The unit shall meet the specifications contained in the 
relevant paragraphs of section 6.
    4.4  ``Calculating unit''.
    4.4.1  A calculating unit is a system which received automatic 
signals of:
    .1  Oil content;
    .2  Flow rate of discharge; and
    .3  Ship's speed.
The flow rate and ship's speed may be manually inserted into the unit.
    4.4.2  The unit shall make an automatic recording of:
    .1  Oil content, unless the oil content meter is provided with a 
recorder.
    4.4.3  The unit shall display:
    .1  Instantaneous rate of discharge of oil;
    .2  Total quantity of oil discharged, unless permitted to be 
calculated manually.
    4.4.4  The time and date, instantaneous rate of discharge of oil 
and, the total quantity of oil discharged may be recorded manually.
    4.4.5  The unit need not be fitted with a starting interlock nor 
discharge valve control capability.
    4.4.6  The unit shall meet the specifications contained in the 
relevant paragraphs of section 6.
    4.5  ``Starting interlock'' is an automatic device which prevents 
the initiation of the opening of the discharge valve before the 
monitoring and control system is fully operational when use of this 
system is required by the Convention.
    4.6  The ``discharge valve control'' is an automatic device which 
initiates the sequence to stop the overboard discharge.

                     5  Implementation Requirements

    5.1  To assist in the implementation of Resolution A.445(XI), an 
implementation scheme has been developed by the MEPC which provides 
slightly different requirements for oil discharge monitoring and control 
systems depending on size and building date of the oil tanker. The 
scheme also allows for different requirements, depending on the 
installation date of the system.
    5.2  Under the implementation scheme contained in paragraph 5.4 oil 
tankers of 150 tons gross tonnage and above have been arranged into five 
categories. Each category of oil tanker shall be fitted with an oil 
discharge monitoring and control system as set out below. The 
definitions given in section 4 should be consulted for a description of 
the different systems.
    5.3  The implementation scheme set out in paragraph 5.4 gives 
details, with reference to paragraph 4, of the minimum equipment 
required to comply with this scheme. Where it is expedient to fit 
equipment of a higher category than required no objection shall be 
raised to this arrangement.
    5.4  Implementation scheme:
    5.4.1  Category I--
    .1  An oil tanker of this category is of 4,000 tons deadweight and 
above and is a ``new ship'' as defined in Regulation 1(6) of Annex I of 
MARPOL 73/78 and the oil discharge monitoring and control system is 
installed on or after 1 June 1982.
    .2  This category of ship shall be fitted with a control unit as 
defined under paragraph 4.2.
    5.4.2  Category II--
    .1  An oil tanker of this category is of 4,000 tons deadweight and 
above and is a ``new ship'' as defined in Regulation 1(6) of Annex I of 
MARPOL 73/78 and the oil discharge monitoring and control system is 
installed before 1 June 1982.
    .2  This category of ship shall be fitted with a computing unit as 
defined under paragraph 4.3.
    .3  The system shall also be fitted with a starting interlock and a 
discharge valve control.
    5.4.3  Category III--
    .1  An oil tanker of this category is of 150 tons gross tonnage and 
above, but less than 4,000 tons deadweight and is a ``new ship'' as 
defined in Regulation 1(6) of Annex I of MARPOL 73/78.

[[Page 491]]

    .2  This category of ship shall be fitted with a computing unit as 
defined under paragraph 4.3.
    .3  No automatic devices are required to activate overboard 
discharge valve closure, neither is a starting interlock required.
    5.4.4  Category IV(a)--
    .1  An oil tanker of this category is of 20,000 tons deadweight and 
above and is an ``existing ship'' as defined in Regulation 1(7) of Annex 
I of MARPOL 73/78 and the oil discharge monitoring and control system is 
installed between one year and three years after the date of entry into 
force of MARPOL 73/78.
    .2  This category of ship shall be fitted with a computing unit as 
defined under paragraph 4.3.
    .3  The system shall also be fitted with a starting interlock, but 
need not be fitted with a discharge valve control.
    .4  For oil tankers within this category up to and including 100,000 
tons deadweight, where the overboard discharge has local manual control 
or where control is provided by means of extension rods, Administrations 
may grant waivers or exemptions from the requirement to fit a starting 
interlock system (3).
    5.4.5  Category IV(b)--
    .1  An oil tanker of this category is of 20,000 tons deadweight and 
above and is an ``existing ship'' as defined in Regulation 1(7) of Annex 
I of MARPOL 73/78 and the oil discharge monitoring and control system is 
installed not later than one year after the date of entry into force of 
MARPOL 73/78.
    .2  This category of ship shall be fitted with a computing unit as 
defined under paragraph 4.3.
    .3  No automatic devices are required to activate overboard 
discharge valve closure, neither is a starting interlock required.
    5.4.6  Category V(a)--
    .1  An oil tanker of this category is of 150 tons gross tonnage and 
above but less than 20,000 tons deadweight and is an ``existing ship'' 
as defined in Regulation 1(7) of Annex I of MARPOL 73/78 and the oil 
discharge monitoring and control system is installed between one year 
and three years after the entry into force of MARPOL 73/78.
    .2  This category of ship shall be fitted with a calculating unit as 
defined under paragraph 4.4.
    .3  No automatic devices are required to activate overboard 
discharge valve closure, neither is a starting interlock required.
    5.4.7  Category V(b)--
    .1  An oil tanker of this category is of 150 tons gross tonnage and 
above but less than 20,000 tons deadweight and is an ``existing ship'' 
as defined in Regulation 1(7) of Annex I to MARPOL 73/78 and the oil 
discharge monitoring and control system is installed not later than one 
year after the entry into force of MARPOL 73/78.
    .2  This category of ship shall be fitted with a calculating unit as 
defined under paragraph 4.4. However, the total quantity of oil 
discharged may be computed manually.
    .3  No automatic devices are required to activate overboard 
discharge valve closure, neither is a starting interlock required.
    5.5  Shown at the Appendix is a summary, in tabular form, of the 
implementation requirements (4).

                       6  Technical Specifications

    6.1  Oil discharge monitoring and control system:
    6.1.1  The oil discharge monitoring and control system shall be so 
fitted that it can effectively monitor and control the discharge of any 
effluent into the sea through those overboard discharge outlets 
permitted by Regulation 18(2) which in the opinion of the Administration 
are necessary to fulfill the operational requirements of the tanker (5). 
The system should additionally cover:
    .1  The gravitational discharge of ballast water from cargo tanks; 
and
    .2  The midship cargo manifold arrangement when used to meet the 
requirements of Regulation 18.
    6.1.2  The discharge of dirty ballast water or oil contaminated 
water into the sea through outlets which are not controlled by the 
monitoring and control system is an infringement of the Convention (6).
    6.1.3  The system should function effectively, according to the 
criteria shown below, under all environmental conditions which vessels 
are normally assumed to encounter, and shall be designed and constructed 
to withstand the environmental conditions as specified in paragraph 
6.1.6 of these Guidelines and Specifications:
    .1  Except where manual operation of the system is permitted the 
system shall be so designed that no ballast discharge can take place 
unless the monitor is in the normal operating mode and the relevant 
sampling point has been connected to the monitor.
    .2  Preferably the system should have a minimum number of discharge 
outlets and sampling points so arranged that discharge can take place 
via only one sampling point at a time.
    .3  Where it is intended that more than one line is used for 
simultaneous discharge purposes, one oil content meter (7), together 
with a flow meter, shall be installed per discharge line. These 
instruments shall be connected to a common processing unit.
    .4  In order to avoid alarms due to short term high oil 
concentration signals (spikes) causing indications of high instantaneous 
rates of discharge, the short term high ppm signal may be suppressed for 
a maximum of 10 seconds by employing a delay relay. Alternatively, the 
instantaneous rate of discharge may be the average during the preceding 
20

[[Page 492]]

seconds or less as computed from instantaneous ppm values produced by 
the oil content meter with intervals of a maximum of 5 seconds.
    6.1.4  The system should comprise the following:
    .1  An oil content meter to measure the oil content of the effluent 
in parts per million. This meter shall be approved in accordance with 
the provisions contained in resolution A.393(X)(8) and certified to take 
into account the range of cargoes carried;
    .2  A flow rate system to indicate the quantity of effluent being 
discharged in a unit of time (see also paragraphs 6.3.7 and 6.3.8);
    .3  A vessel speed indicating device; to give the vessel's speed in 
knots (see also paragraphs 6.4.2 and 6.4.3);
    .4  A sampling system to convey a representative sample of the 
effluent to the oil content meter;
    .5  A control section which includes:
    .5.1  A processor, which accepts signals of oil content, flow rate 
and the vessel's speed and converts them into litres per nautical mile 
and the total quantity of oil discharged (see also paragraph 6.5.3);
    .5.2  A transmitting device to provide alarms and, where required, 
command signals to the discharge control arrangement;
    .5.3  A recording device to provide, where required, a continuous 
record of the effluent discharge;
    .5.4  A manual override system to be used in the event of failure of 
the monitoring and control system; and
    .5.5  Where required a transmitting device to provide signals to a 
starting interlock preventing the discharge of effluent before the oil 
content meter is fully operative.
    6.1.5  The electrical components of the system installed in a 
hazardous area of a vessel shall meet the appropriate safety 
requirements (*As contained in the provisions of IEC Publication 92 or 
its equivalent.) (9) provided for these areas.
    6.1.6  The control section of an oil discharge monitoring and 
control system shall be capable of operating satisfactorily under the 
following environmental conditions:
.1  Ambient air temperature: 0+ C to 55+ C in 
enclosed spaces; -25+ C to 55+ C on open decks
.2  Vibration: 2.0 Hz to 13.2 Hz, with displacement amplitude of 
1.0 mm 13.2 Hz to 80.0 Hz, with an acceleration amplitude of 
0.7 g
.3  Voltage variations for alternating current: permanent variation of 
10%
.4  Inclination: inclination at angles of up to 22.5+ in any 
place from the normal operational position
    6.2  Sampling system:
    6.2.1  Sampling points should be so located that relevant samples 
can be obtained from those outlets that are used for operational 
discharges in accordance with paragraph 6.1.1. The sampling probes 
located in the overboard discharge lines and the piping system 
connecting the sampling probes to the oil content meter should meet the 
following requirements:
    .1  The piping and probes shall be of corrosion-resistant and oil-
resistant material, of adequate strength, properly jointed and 
supported;
    .2  The system shall have a stop valve fitted adjacent to each 
probe, except that where the probe is mounted in a cargo line, e.g. to 
the midship cargo manifold arrangement, two stop valves shall be fitted, 
in series, in the sample line;
    .3  Sampling probes should be arranged for easy withdrawal and 
should as far as practicable be mounted at an accessible location in a 
vertical section of the discharge line. If a sampling point has to be 
made in a horizontal section then suitable arrangements should be made 
to obtain representative samples. Sampling probes should normally 
penetrate inside the discharge pipe to a distance of one quarter the 
diameter of that pipe;
    .4  Means shall be provided for cleaning the probes and piping 
system by the provision of permanent clean water flushing arrangements 
or some other equivalent method, especially in the case of probes 
mounted in a cargo line. The design of the probes and piping should be 
such as to minimize their clogging by oil, oily residue and other 
matter;
    .5  The velocity of the fluid in the piping shall be such that, 
taking into consideration the length of the piping, the overall response 
time should be as short as possible between an alteration in the mixture 
being pumped and the alteration in the meter reading and in any case not 
more than 40 seconds;
    .6  The location of sampling probes in relation to any point of flow 
diversion to a slop tank shall be selected with regard to the need for 
sampling the oily water in the recirculation mode;
    .7  The arrangements for driving the sampling pump or any other 
pumps such as those provided for washing windows shall have regard to 
the safety requirements of the space in which the pump is located;
    .8  The flushing arrangements should be such that where necessary 
they can be utilized for stabilizing the oil content meter and for 
correcting zero setting;
    .9  Sample water when returned to the slop tank shall not be allowed 
to free fall into the tank.
    6.3  Flow rate indicating system:
    6.3.1  A flow meter for measuring the rate of discharge should be 
installed in a vertical section of a discharge line or in any other 
section of discharge line as appropriate, so as to be always filled with 
the liquid.

[[Page 493]]

    6.3.2  A flow meter should employ an operating principle which is 
suitable for shipboard use and, where relevant, can be used in large 
diameter pipes.
    6.3.3  A flow meter should be suitable for the full range of flow 
rates that may be encountered during normal operation. Alternatively, 
arrangements such as the use of two flow meters of different ranges or a 
restriction of the operational flow rate range may be necessary to meet 
this requirement.
    6.3.4  The flow meter, as installed, should have an accuracy of 
15 percent, or better, of the instantaneous rate throughout 
the operating range.
    6.3.5  Any component part of the flow meter in contact with the 
effluent discharge including associated piping, if fitted, shall be of 
corrosion-resistant and oil-resistant material of adequate strength.
    6.3.6  The design of the flow metering arrangements shall have 
regard to the safety requirements of the space in which such metering 
arrangements are located.
    6.3.7  In ships fitted with a computing unit the flow rate may be 
determined from the pump characteristics and the data manually inserted 
into the unit.
    6.3.8  In ships fitted with a calculating unit the flow rate may be 
manually inserted into the unit. The flow rate is to be estimated from 
the best available source e.g. pump characteristics, speed of pump(s), 
ullages or knowledge of pumping rates for particular tanks on the ship.
    6.3.9  In oil tankers where the gravitational discharges of ballast 
water from the cargo tanks is an established practice, in accordance 
with Regulation 18(6)(d), means, such as calibration curves, shall be 
provided to estimate the flow rate of discharge.
    6.4  Vessel's speed indicating system:
    6.4.1  The automatic speed signal required for the control unit 
shall be obtained from the vessel's speed indicating device (*See 
``Recommendation on Performance Standards for Devices to Indicate Speed 
and Distance (Annex to Resolution A.478(XII)).) by means of a repeater 
signal. This information shall be readily available in a form that can 
be accepted by a processor. The speed information used may be either 
speed over the ground or speed through the water depending upon the 
speed measuring equipment installed on board.
    6.4.2  In ships where a computing unit is required the vessel's 
speed may be manually inserted into the unit. This data shall be 
obtained from the ship's log or from an indicating device which 
transmits signals which need not be in a form which can be accepted by a 
computer system.
    6.4.3  The vessel's speed on ships required to install a calculating 
unit may be obtained from the ship's log or from the navigation charts 
and shall be estimated from the most reliable source.
    6.5  Processor and transmitting device:
    6.5.1  The processor should receive, at time intervals not exceeding 
5 seconds, signals from the oil content meter, the flow rate measuring 
system, and the vessel's speed indicator and automatically compute the 
following:
    .1  Instantaneous rate of discharge of oil in litres per nautical 
mile; and
    .2  Total quantity of oil discharged per voyage in cubic meters or 
litres.
    6.5.2  When the calculations of the processor exceed the limits 
imposed by Regulation 9(1)(a) (iv) and (v) (10) the transmitting device 
will provide alarms and, in new ships, it will also provide command 
signals to the discharge valve control which will cause the discharge of 
effluent into the sea to stop.
    6.5.3  In existing ships fitted with a calculating unit where the 
unit is installed early, the total quantity of oil discharged may be 
computed manually.
    6.6  Recording devices:
    6.6.1  Control Unit--
    .1  The recording device for a control unit should include a digital 
printer or an analogue recorder or the combination of both or a recorded 
visible display. The record shall be identifiable as to the time and 
date and shall be kept for at least three years (11).
    .2  The data to be automatically recorded shall include at least the 
following items:
    .2.1  Instantaneous rate of discharge of oil (litres per nautical 
mile);
    .2.2  The total quantity of oil discharged (litres);
    .2.3  Time and date (G.m.t.);
    .2.4  The discharge valve position (open or closed);
    .2.5  Alarm condition;
    .2.6  Failure (i.e. no flow, fault, etc.); and
    .2.7  Override action (i.e. manual override, flushing, calibrating, 
etc.).
    6.6.2  Computing Unit--
    .1  The recording device for a computing unit should include a 
digital printer or an analogue recorder or the combination of both or a 
recorded visible display. The record shall be identifiable as to the 
time and date and shall be kept for at least three years (11). Manual 
input information should be identifiable on the record.
    .2  The data to be automatically recorded shall include at least the 
following items:
    .2.1  Instantaneous rate of discharge of oil (litres per nautical 
mile);
    .2.2  The total quantity of oil discharged (litres);
    .2.3  Time and date (G.m.t.);
    .2.4  Manual input information;
    .2.5  The valve position (open or closed);
    .2.6  Alarm condition;
    .2.7  Failure (i.e. no flow, fault, etc.);
    .2.8  Override action (i.e. manual override, flushing, calibration, 
etc.); and
    .2.9  Oil content if flow rate is manually inserted.

[[Page 494]]

    6.6.3  Calculating Unit--
    .1  An automatic recording device is not required for a calculating 
unit, but, where fitted, the recording device should include a digital 
printer or an analogue recorder or the combination of both or a recorded 
acceptable visible display. The record shall be identifiable as to time 
and date, which may be entered manually, and shall be kept for at least 
three years (11).
    .2  The data to be automatically recorded on the above-mentioned 
recording device shall include at least the following item: Oil content 
in ppm, unless the oil content meter is provided with a recorder.
    6.6.4  Recording for digital printers.
    Occasions of recordings. Data required in paragraphs 6.6.1.2, 
6.6.2.2, and 6.6.3.2 of these Specifications shall be printed out with 
the following minimum frequency:
    .1  When the discharge is started;
    .2  When the discharge is stopped;
    .3  At intervals of not more than 10 minutes;
    .4  When an alarm condition is developed;
    .5  When normal conditions are restored;
    .6  At the change of valve order or valve position;
    .7  When introducing input data;
    .8  Whenever the computed rate of discharge varies by 10 litres/
nautical mile, unless an equivalent trend-indicating arrangement is 
provided;
    .9  When selecting zero setting or calibration mode; and
    .10  On manual command.
    6.6.5  Recording for analogue recorders.
    Data required in paragraphs 6.6.1.2, 6.6.2.2 and 6.6.3.2 of these 
Specifications should be continuously recorded in such a way as would 
satisfy the following requirements:
    .1  The chart speed should be indicated. If the speed is 
controllable, the recorder shall be provided with a marker to identify 
the speed of the chart paper; and
    .2  Means shall be provided to enable the chart paper to be 
interpreted as to time, date and readings after it has been removed from 
the recorder.
    6.7  Data display.
    6.7.1  The current data shall be visibly displayed.
    6.7.2  The recording device and the data display should be located 
in a position easily accessible to the person in charge of the operation 
of discharging the effluent overboard.
    6.8  Manually operated alternatives.
    6.8.1  The alternative means and information for use in case of any 
one failure in the system should be as follows:
    .1  Oil Content meter: visual observation of the surface of the 
water (12);
    .2  Sampling pump: visual observation of the surface of the water;
    .3  Flow meter: pump characteristics, etc.;
    .4  Vessel's speed indicating device: main engine R.P.M., etc.;
    .5  Processor: manual calculation and manual recording; and
    .6  Discharge valve control: manual operation of pumps and valves.
    6.9  Alarm conditions resulting in the stopping of discharge.
    6.9.1  Audio-visual alarms shall be initiated for any of the 
following conditions:
    .1  Whenever the instantaneous rate of discharge of oil exceeds 60 
litres per nautical mile;
    .2  When the total quantity of oil discharged reaches the allowable 
limit prescribed by the provisions of the relevant Regulations;
    .3  Failure of the system's operation, such as:
    .3.1  Power failure;
    .3.2  Loss of sample;
    .3.3  Failure of the measuring or recording system; or
    .3.4  When the input signal of the sensors exceeds the effective 
capacity of the system.
    6.10  Location of alarm indicator
    6.10.1  The alarm indicator of the system shall be installed in the 
cargo control room where provided and/or other places where it will 
attract immediate attention and action.

             7  Equipment, Operation and Maintenance Manuals

    7.1  Administrations shall ensure that approved equipment, 
operational and/or maintenance manuals for the various items comprising 
the oil discharge monitoring and control systems are on board the 
vessel. These manuals shall cover the oil content meter, control, 
computing or calculating unit, flow meter and ship's speed indicator, 
where required.

         Footnotes: (Added by the U.S. Coast Guard for clarity.)

    (1) The ``MARPOL 73/78 Convention'' is referred to as the MARPOL 
Protocol'' in 33 CFR, Part 157.
    (2) Also defined in Sec. 157.03(i).
    (3) The Coast Guard has determined that a starting interlock system 
is not required on Category IV(a) vessels that are 100,000 DWT or less.
    (4) The Coast Guard is not publishing this Appendix.
    (5) Section 157.11(b)(2) requires at least one discharge point.
    (6) Section 157.37(a) requires all overboard discharges of oily 
mixtures to be monitored.
    (7) The ``oil content meter'' is referred to as a ``cargo monitor'' 
in 33 CFR Part 157 and 46 CFR Subpart 162.050.
    (8) Approval under 46 CFR Subpart 162.050 constitutes compliance 
with this resolution.

[[Page 495]]

Section 157.12(b) requires that monitors installed on U.S. vessels must 
be approved under 46 CFR Subpart 162.050.
    (9) U.S. vessels are required to meet 46 CFR Parts 110-113, 
Electrical Engineering Regulations, which also constitutes compliance 
with IEC Publication 92.
    (10) Sections 157.37(a) (3) and (4) impose the same limits. These 
limits relate to instantaneous rate and total quantity of oil 
discharged.
    (11) Section 157.37(d) also requires that discharge data be kept for 
three years.
    (12) Section 157.37(a)(6) also requires visual observation of the 
discharge if the system fails.

[CGD 75-124a, 48 FR 45723, Oct. 6, 1983]

   Appendix G--Timetables for Application of Double Hull Requirements

    1. Source. These timetables conform to 46 U.S.C. 3703a(c).
    2. Timetables.
    (a) In this section, the age of a vessel is determined from the 
later of the date on which the vessel is--
    (1) Delivered after original construction;
    (2) Delivered after completion of a major conversion; or
    (3) Qualified for documentation under section 4136 of the Revised 
Statutes of the United States (46 U.S.C. app. 14).
    (b) A vessel of less than 5,000 gross tons for which a building 
contract or contract for major conversion was placed before June 30, 
1990, and that is delivered under that contract before January 1, 1994, 
and a vessel that had its appraised salvage value determined by the 
Coast Guard before June 30, 1990, and that qualifies for documentation 
under section 4136 of the Revised Statutes of the United States (46 
U.S.C. app. 14) before January 1, 1994, may not operate in the navigable 
waters or the Exclusive Economic Zone of the United States after January 
1, 2015, unless equipped with a double hull or with a double containment 
system determined by the Coast Guard to be as effective as a double hull 
for the prevention of a discharge of oil.
    (c) A vessel for which a building contract or contract for major 
conversion was placed before June 30, 1990, and that is delivered under 
that contract before January 1, 1994, and a vessel that had its 
appraised salvage determined by the Coast Guard before June 30, 1990, 
and that qualifies for documentation under 46 CFR subpart 67.19 before 
January 1, 1994, may not operate in the navigable waters or Exclusive 
Economic Zone of the United States unless equipped with a double hull--
    (1) In the case of vessel of at least 5,000 gross tons but less than 
15,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or older 
and has a single hull, or is 45 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 39 years old or older 
and has a single hull, or is 44 years old or older and has a double 
bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 38 years old or older 
and has a single hull, or is 43 years old or older and has a double 
bottom or double sides;
    (iv) After Janaury 1, 1998, is the vessel is 37 years old or older 
and has a single hull, or is 42 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 36 years old or older 
and has a single hull, or is 41 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 35 years old or older 
and has a single hull, or is 40 years old or older and has a double 
bottom or double sides;
    (vii) After January 1, 2005, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom or double sides;
    (2) In the case of a vessel of at least 15,000 gross tons but less 
than 30,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or older 
and has a single hull, or is 45 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 38 years old or older 
and has a single hull, or is 43 years old or older and has a double 
bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 36 years old or older 
and has a single hull, or is 41 years old or older and has a double 
bottom or double side;
    (iv) After January 1, 1998, if the vessel is 34 years old or older 
and has a single hull, or is 39 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 32 years old or older 
and has a single hull, or is 37 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 30 years old or older 
and has a single hull, or is 35 years old or older and has a double 
bottom or double sides;
    (vii) After January 1, 2001, if the vessel is 29 years old or older 
and has a single hull, or is 34 years old or older and has a double 
bottom or double sides;
    (viii) After January 1, 2002, if the vessel is 28 years old or older 
and has a single hull, or is 33 years old or older and has a double 
bottom or double sides;
    (ix) After January 1, 2003, if the vessel is 27 years old or older 
and has a single hull, or is 32 years old or older and has a double 
bottom or double sides;

[[Page 496]]

    (x) After Janaury 1, 2004, if the vessel is 26 years old or older 
and has a single hull, or is 31 years old or older and has a double 
bottom or double sides;
    (xi) After January 1, 2005, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom or double sides; and
    (3) In the case of a vessel of at least 30,000 gross tons--
    (i) After January 1, 1995, if the vessel is 28 years old or older 
and has a single hull, or is 33 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 27 years old or older 
and has a single hull, or is 32 years old or older and has a double 
bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 26 years old or older 
and has a single hull, or is 31 years old or older and has a double 
bottom or double sides;
    (iv) After January 1, 1998, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 24 years old or older 
and has a single hull, or is 29 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 23 years old or older 
and has a single hull, or is 28 years old or older and has a double 
bottom or double sides;
    (d) Except as provided in paragraph (b) of this section--
    (1) A vessel that has a single hull may not operate after January 1, 
2010, and
    (2) A vessel that has a double bottom or double sides may not 
operate after January 1, 2015.

    Note: Double sides and double bottoms must meet the relevant 
requirements in Sec. 157.10d (c) or (d), as appropriate. A vessel will 
be considered to have a single hull if it has neither double sides nor a 
double bottom that meets the relevant requirements in Sec. 157.10d(c) or 
Sec. 157.10d(d).

[CGD 90-051, 57 FR 36245, Aug. 12, 1992]



PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE--Table of Contents




                           Subpart A--General

Sec.
158.100  Purpose.
158.110  Applicability.
158.115  Penalties for violation.
158.120  Definitions and acronyms.
158.130  Delegations.
158.133  Which ports and terminals must provide reception facilities?
158.135  Which ports and terminals must have Certificates of Adequacy?
158.140  Applying for a Certificate of Adequacy.
158.150  Waivers and alternatives.
158.160  Issuance and termination of a Certificate of Adequacy.
158.163  Reception facility operations.
158.165  Certificate of Adequacy: Change of information.
158.167  Reporting inadequate reception facilities.

                   Suspension, Revocation, and Appeals

158.170  Grounds for suspension.
158.172  Notification of a suspension order.
158.174  Suspension of a Certificate of Adequacy: Procedure.
158.176  Effect of Suspension of a Certificate of Adequacy.
158.178  Actions during a suspension.
158.180  Certificate of Adequacy: Procedure after revocation or the part 
          no longer applies.
158.190  Appeals.

  Subpart B--Criteria for Reception Facilities: Residues and Mixtures 
                             Containing Oil

158.200  General.
158.210  Ports and terminals loading crude oil.
158.220  Ports and terminals loading more than 1,000 metric tons of oil 
          other than crude oil or bunker oil.
158.230  Ports and terminals other than ports and terminals under 
          Secs. 158.210, 158.220, and 158.240.
158.240  Ship repair yards.
158.250  Standard discharge connection.

     Subpart C--Criteria for Certifying That a Port's or Terminal's 
            Facilities Are Adequate for Receiving NLS Residue

158.300  Purpose.
158.310  Reception facilities: General.
158.320  Reception facilities: Capacity and exceptions.
158.330  Ports and terminals: Equipment.

    Subpart D--Criteria for Adequacy of Reception Facilities: Garbage

158.400  Purpose.
158.410  Reception facilities: General.
158.420  Reception facilities: Capacity and exceptions.

                 Subpart E--Port and Terminal Operations

158.500  Draining cargo area and piping systems.
158.520  Following the instruction manual.

    Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.


[[Page 497]]





                           Subpart A--General

    Source: CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless otherwise 
noted.



Sec. 158.100  Purpose.

    This part establishes the following:
    (a) Criteria for determining the adequacy of reception facilities.
    (b) Procedures for certifying that reception facilities are adequate 
for receiving--
    (1) Residues and mixtures containing oil from oceangoing tankers and 
any other oceangoing ships of 400 gross tons or more;
    (2) NLS residue from oceangoing ships; or
    (3) Garbage from ships.
    (c) Standards for ports and terminals to reduce NLS residue.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989]



Sec. 158.110  Applicability.

    (a) Subparts B, C, and E apply to each port and each terminal 
located in the United States or subject to the jurisdiction of the 
United States that is--
    (1) Used by oceangoing tankers, or any other oceangoing ships of 400 
gross tons or more, carrying residues and mixtures containing oil, or by 
oceangoing ships to transfer NLSs, except those ports and terminals that 
are used only by--
    (i) Tank barges that are not configured and are not equipped to 
ballast or wash cargo tanks while proceeding enroute;
    (ii) Ships carrying NLS operating under waivers under 46 CFR 
153.491(b); or
    (2) A ship repair yard that services oceangoing ships carrying oil 
or NLS residue.
    (b) Subpart D applies to each port and terminal located in the 
United States or subject to the jurisdiction of the United States.

[CGD 88-002, 54 FR 18407, Apr. 28, 1989]



Sec. 158.115  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or the regulations 
of this part is liable for a civil penalty not to exceed $25,000 for 
each violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a 
continuing violation constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or fraudulent 
representation in any matter in which a statement or representation is 
required to be made to the Coast Guard under MARPOL 73/78, the Act, or 
the regulations of this part, is liable for a civil penalty not to 
exceed $5,000 for each statement or representation, as provided by 33 
U.S.C. 1908(b)(2).
    (c) A person who knowingly violates MARPOL 73/78, the Act, or the 
regulations of this part is liable for a fine for each violation, of not 
more than $50,000 dollars, or imprisonment for not more than 5 years, or 
both, as provided by 33 U.S.C. 1908(a).

[CGD 88-002, 54 FR 18407, Apr. 28, 1989]



Sec. 158.120  Definitions and acronyms.

    As used in this part:
    Bunker oil means oil loaded into bunker tanks for use as fuel.
    Captain of the Port (COTP) means the Coast Guard officer commanding 
a Captain of the Port Zone described in Part 3 of this chapter.
    Certificate of Adequacy means a document issued by the Coast Guard 
or other authorized agency that certifies a port or terminal meets the 
requirements of this part with respect to reception facilities required 
under the Act and MARPOL 73/78, and has Form A, Form B, or Form C 
attached.
    Clean ballast has the same meaning as in Sec. 157.03(e) of this 
chapter.
    Commandant means Commandant, U.S. Coast Guard.
    Commercial fishing facility means docks, piers, processing houses, 
or other facilities which receive commercial fishery products from 
ships.
    Daily vessel average means the total number of oceangoing tankers, 
or any other oceangoing ships of 400 gross tons or more, carrying 
residues and mixtures containing oil, serviced over a typical continuous 
12 month period, divided by 365.
    Form A means the application for a reception facility Certificate of 
Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85).

[[Page 498]]

    Form B means the application for a reception facility Certificate of 
Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87).
    Form C means the application for a Certificate of Adequacy for a 
Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. 
``Garbage'' means all kinds of victual, domestic, and operational waste, 
excluding fresh fish and parts thereof, generated during the normal 
operation of the ship and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that are 
defined or listed in other annexes to MARPOL 73/78. ``Harmful 
substance'' means any substance which, if introduced into the sea, is 
liable to create hazards to human health, harm living resources and 
marine life, damage amenities or interfere with other legitimate uses of 
the sea, and includes any substance subject to control by MARPOL 73/78.
    High viscosity NLS includes Category A NLSs having a viscosity of at 
least 25 mPa.s at 20  deg.C and of at least 25 mPa.s at the time they 
are unloaded, high viscosity Category B NLSs, and high viscosity 
Category C NLSs.
    High viscosity Category B NLS means any Category B NLS having a 
viscosity of at least 25 mPa.s at 20  deg.C and at least 25 mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLS having a 
viscosity of at least 60 mPa.s at 20  deg.C and at least 60 mPa.s at the 
time it is unloaded.
    MARPOL Protocol (MARPOL 73/78) stands for the International 
Convention for the Prevention of Pollution from Ships, 1973, (done at 
London, November 2, 1973), as modified by the Protocol of 1978 relating 
to the International Convention for the Prevention of Pollution from 
Ships 1973 (done at London on February 17, 1978), as amended, (1985).
    Medical waste means isolation wastes, infectious agents, human blood 
and blood products, pathological wastes, sharps, body parts, 
contaminated bedding, surgical wastes and potentially contaminated 
laboratory wastes, dialysis wastes, and such additional medical items as 
prescribed by the Administrator of the EPA by regulation. ``Mineral and 
oil industry shorebase'' means a place or onshore structure or facility 
which is a base of operations for ships serving the mineral and oil 
industry.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 or Sec. 151.49 of this 
chapter;
    (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside 
it's name in the column headed ``Pollution Category'' in Table 1 of 46 
CFR Part 153; and
    (3) Each substance that is identified as an NLS in a written 
permission issued under 46 CFR 153.900(d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States.

    Note: A Canadian or U.S. ship being operated exclusively on the 
Great Lakes of North America or their connecting and tributary waters, 
or exclusively on the internal waters of the United States and Canada, 
is not an ``oceangoing ship.''

    Oil means petroleum in any form including crude oil, fuel oil, 
sludge, oil refuse, and refined products (other than petrochemicals that 
are subject to the provisions of Annex II of MARPOL 73/78) and without 
limiting the generality of the forgoing, includes the substances listed 
in Appendix I of Annex I of MARPOL 73/78.
    Person has the same meaning as in Sec. 151.05(n) of this chapter.
    Person in charge means an owner, operator, or a person authorized to 
act on behalf of a port or terminal.

    Note: The ``person in charge'' under this part is not necessarily 
the same person as the ``person in charge'' referred to in Parts

[[Page 499]]

151, 154, 155, and 156 of this chapter (as defined in Sec. 154.105 of 
this chapter.)

    Prewash means a tank washing operation that meets the procedure in 
46 CFR 153.1120.
    Port means--
    (1) A group of terminals that combines to act as a unit and be 
considered a port for the purposes of this part;
    (2) A port authority or other organization that chooses to be 
considered a port for the purposes of this part; or
    (3) A place or facility that has been specifically designated as a 
port by the COTP.
    Reception facility means anything capable of receiving shipboard 
residues and mixtures containing oil or NLS residue, or receiving 
garbage, including, but not limited to--
    (1) Fixed piping that conveys residues and mixtures from the ship to 
a storage or treatment system;
    (2) Tank barges, railroad cars, tank trucks, or other mobile 
facilities;
    (3) Containers or other receptacles that are used as temporary 
storage for garbage; or
    (4) Any combination of fixed and mobile facilities. ``Recreational 
boating facility'' means a facility that is capable of providing 
wharfage or other services for 10 or more recreational vessels. It 
includes, but is not limited to, marinas, boatyards, and yacht clubs, 
but does not include a place or facility containing only an unattended 
launching ramp.
    Regulated NLS cargo includes each Category A or high viscosity or 
solidifying Category B or C NLS cargo listed in Table 1 of 46 CFR Part 
153 that contains a reference to Sec. 153.908(a) or Sec. 153.908(b) in 
the ``Special Requirements'' column of that table and is unloaded at the 
port or terminal within a typical continuous 12 month period either 
before or after application is made for a Certificate of Adequacy.
    Residues and mixtures containing NLSs (NLS residue) means--
    (1) Any Category A, B, C, or D NLS cargo retained on the ship 
because it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C or D NLS cargo remaining on the 
ship after the NLS is discharged to the consignee, including but not 
limited to puddles on the tank bottom and in sumps, clingage in the 
tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLS cargo, 
including but not limited to bilge slops, ballast, hose drip pan 
contents, and tank wash water.
    Segregated ballast has the same meaning as contained in 
Sec. 157.03(r) of this chapter.
    Ship means a vessel of any type whatsoever, operating in the marine 
environment. This includes hydrofoils, air cushion vehicles, 
submersibles, floating craft whether self-propelled or not, and fixed or 
floating drilling rigs or other platforms.
    Solidifying NLS means a Category A, B, or C NLS that has a melting 
point--
    (1) Greater than 0  deg.C but less than 15  deg.C and a temperature, 
measured under the procedure in 46 CFR 153.908(d), that is less than 5 
deg.C above its melting point at the time it is unloaded; or
    (2) 15  deg.C or greater and has a temperature, measured under the 
procedure in 46 CFR 153.908(d), that is less than 10  deg.C above its 
melting point at the time it is unloaded.
    Tank barge has the same meaning as contained in 46 CFR 30.10-65.
    Tanker means a ship constructed or adapted primarily to carry oil in 
bulk in the cargo spaces.
    Terminal means an onshore facility or an offshore structure located 
in the navigable waters of the United States or subject to the 
jurisdiction of the United States and used, or intended to be used, as a 
port or facility for the transfer or other handling of a harmful 
substance.

    Note: The Coast Guard interprets commercial fishing facilities, 
recreational boating facilities, and mineral and oil industry shorebases 
to be terminals for the purposes of Annex V of MARPOL 73/78, since these 
facilities normally provide wharfage and other services, including 
garbage handling, for ships. ``The Act'' means the Act to Prevent 
Pollution from Ships, as amended, (33 U.S.C. 1901-1911).

    The Act means the Act to Prevent Pollution from Ships (94 Stat. 
2297, 33 U.S.C. 1901 et seq).

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989]

[[Page 500]]



Sec. 158.130  Delegations.

    Each COTP is delegated the authority to--
    (a) Conduct inspections at ports and terminals required to have 
reception facilities under this part;
    (b) Issue Certificates of Adequacy;
    (c) Grant waivers under Sec. 158.150;
    (d) Designate ports; and
    (e) Deny entry of ships to any port or terminal, except when a ship 
is entering under force majeure, that does not have--
    (1) A Certificate of Adequacy if required under Sec. 158.135; or
    (2) Reception facilities for garbage required under Subpart D of 
this part.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989]



Sec. 158.133  Which ports and terminals must provide reception facilities?

    (a) A port or terminal which receives oceangoing tankers, or any 
other oceangoing ship of 400 gross tons or more, carrying residues and 
mixtures containing oil, must have a reception facility which meets 
Subpart B of this part.
    (b) A port or terminal which receives oceangoing ships carrying NLSs 
must have a reception facility which meets Subpart C of this part.
    (c) All ports and terminals under the jurisdiction of the United 
States, including commercial fishing facilities, mineral and oil 
shorebases, and recreational boating facilities, must have a reception 
facility which meets Subpart D of this part.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989]



Sec. 158.135  Which ports and terminals must have Certificates of Adequacy?

    To continue to receive ships, a port or terminal must hold one or 
more Certificates of Adequacy to show compliance with--
    (a) Subpart B of this part if it receives oceangoing tankers, or any 
other oceangoing ship of 400 gross tons or more, carrying residues and 
mixtures containing oil.
    (b) Subpart C of this part if it receives oceangoing ships carrying 
NLSs.
    (c) Subpart D of this part if it receives--
    (1) The ships under paragraph (a) or (b) of this section; or
    (2) Fishing vessels which offload more than 500,000 pounds of 
commercial fishery products from all ships during a calendar year.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989]



Sec. 158.140  Applying for a Certificate of Adequacy.

    (a) To continue to receive ships at a port or terminal required by 
Sec. 158.135 to have a Certificate of Adequacy for its reception 
facilities, the person in charge must apply to the Coast Guard for a 
certificate as follows:
    (1) Applicants for a Certificate of Adequacy required by 
Sec. 158.135(a) or (b) must apply to the COTP of the Zone in which the 
port or terminal is located using Form A or Form B, respectively.
    (2) An applicant for a Certificate of Adequacy required by section 
158.135(c) must apply on Form C to the COTP of the Zone in which the 
port or terminal is located.
    (b) Applications for Certificates of Adequacy, Forms A, B, or C, may 
be obtained from the local Coast Guard COTP.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; 61 FR 36629, July 12, 1996]



Sec. 158.150  Waivers and alternatives.

    (a) If the person in charge believes that a requirement in this part 
is unreasonable or impracticable for the port's or terminal's 
operations, the person in charge may submit a request for a waiver to 
the COTP. This application must--
    (1) Be in writing; and
    (2) Include the--
    (i) Reasons why the requirement is unreasonable or impracticable;
    (ii) Proposed alternatives that meet MARPOL 73/78; and
    (iii) Additional information requested by the COTP.
    (b) If the COTP allows the alternative proposed under paragraph 
(a)(2)(ii) of this section, the waiver--
    (1) Is in writing; and
    (2) States each alternative that applies and the requirement under 
this part for which the alternative is substituted.

[[Page 501]]

    (c) The person in charge shall ensure that each waiver issued under 
paragraph (b) of this section is attached to the Certificate of Adequacy 
issued for the port or terminal.



Sec. 158.160  Issuance and termination of a Certificate of Adequacy.

    (a) After reviewing an application made under Sec. 158.140(a)(1), 
the COTP determines by inspection the following:
    (1) When the application is made on Form A, whether or not the 
reception facility meets Subpart B of this part.
    (2) When the application is made on Form B, whether or not the 
reception facility and the port, or the reception facility and the 
terminal, meet Subpart C of this part.

    Note: If in the instruction manual required by Sec. 158.330(b) there 
is a certification by a registered professional engineer licensed by a 
state or the District of Columbia that the backpressure requirements 
under Sec. 158.330(a) are met, the COTP determines whether or not to 
accept this finding.

    (b) After the inspections under paragraph (a) are conducted, and 
after consulting with the Administrator of the Environmental Protection 
Agency (EPA) or his or her designee, the COTP.
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (c) After reviewing an application made under Sec. 158.140(a)(2), 
the COTP----
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (d) In order to remain valid, the Certificate of Adequacy must have 
attached to it any waivers that are granted under Sec. 158.150 when the 
Certificate of Adequacy is issued.
    (e) Each Certificate of Adequacy remains valid until--
    (1) Suspended;
    (2) Revoked; or
    (3) This part no longer applies to the port or terminal.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996]



Sec. 158.163  Reception facility operations.

    (a) Each person in charge and each person who is in charge of a 
reception facility shall ensure that the reception facility does not 
operate in a manner that violates any requirement under this part.
    (b) A copy of the Certificate of Adequacy issued for the port or 
terminal must be--
    (1) At each port and terminal under this part; and
    (2) Available for inspection by the COTP and the master, operator, 
person who is in charge of a ship, or agent for a ship.
    (c) Ports and terminals required to have an Operations Manual under 
this chapter or 46 CFR Chapter 1 must have a copy of the Certificate of 
Adequacy issued for the port or terminal, including any waivers, 
attached to that Operations Manual.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 
18409, Apr. 28, 1989]



Sec. 158.165  Certificate of Adequacy: Change of information.

    (a) Except as required in paragraph (b) of this section, the person 
in charge shall notify the COTP in writing within 10 days after any 
information required in section 2, 3A, 3G, or 3H, of Form A or section 
2, 5A, or 5C of Form B changes.
    (b) The person in charge shall notify the COTP in writing within 30 
days after any information required in the following is changed:
    (1) Form A, sections 1, 3B, 3C, 3E, 3F, 3I, or 3J.
    (2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G.
    (3) Form C, sections A1, B1, B2, or D4.
    (c) The person in charge shall maintain at the port or terminal a 
copy of the information submitted under paragraphs (a) and (b) of this 
section, until

[[Page 502]]

a corrected Certificate of Adequacy is received from the COTP.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 
18409, Apr. 28, 1989; 55 FR 35988, Sept. 4, 1990]



Sec. 158.167  Reporting inadequate reception facilities.

    Any person may report to the local Coast Guard COTP that reception 
facilities required by these regulations or MARPOL 73/78 are inadequate. 
Reports of inadequate reception facilities may be made orally, in 
writing or by telephone.

[CGD 88-002, 54 FR 18409, Apr. 28, 1989]

                   Suspension, Revocation, and Appeals



Sec. 158.170  Grounds for suspension.

    The COTP may suspend a Certificate of Adequacy if--
    (a) Deficiencies recur or significantly affect the adequacy of the 
reception facility;
    (b) Continued operations will result in undue delay to ships calling 
at the port or terminal;
    (c) There is a failure to accept NLS residue from a ship after it's 
cargo tanks are prewashed in accordance with 46 CFR 153.1120; or
    (d) There is a substantial threat of discharge of oil or NLS into or 
upon the navigable waters of the United States or adjoining shorelines.



Sec. 158.172  Notification of a suspension order.

    (a) If the COTP has grounds for an immediate suspension of or is 
considering suspending a Certificate of Adequacy, the COTP notifies the 
person in charge of the intended action. Each notification of a 
suspension order, whether oral or written, includes--
    (1) The grounds for the suspension;
    (2) The date when the suspension becomes effective; and
    (3) Information on how the suspension may be withdrawn, including 
all corrective actions required.
    (b) If the suspension order is made orally, the COTP issues a 
suspension order in writing within five days after the initial 
notification.



Sec. 158.174  Suspension of a Certificate of Adequacy: Procedure.

    (a) If no evidence or arguments are submitted in response to a 
notification of a suspension order, the suspension is effective on the 
date stated in the order.
    (b) If any petition for withdrawing a suspension order is submitted 
in response to a notification of a suspension order, the COTP considers 
the evidence or arguments and notifies the person in charge of any 
action taken including--
    (1) Denial of the petition for withdrawing a suspension order;
    (2) Initiation of civil or criminal penalty action under Subpart 
1.07 of Part 1 of this chapter; or
    (3) Withdrawing the suspension order.



Sec. 158.176  Effect of suspension of a Certificate of Adequacy.

    After the COTP notifies the person in charge and places a suspension 
order in effect, the COTP denies entry of ships to the port or terminal 
while the Certificate of Adequacy is suspended.



Sec. 158.178  Actions during a suspension.

    (a) If a Certificate of Adequacy is suspended for longer than a five 
day period, the person in charge shall return it to the COTP within five 
days after the suspension becomes effective.
    (b) After the suspension is in effect, the COTP may--
    (1) Terminate the suspension order after receiving information from 
the person in charge that corrective action has been taken; or
    (2) Revoke the Certificate of Adequacy if no significant action is 
undertaken by the person in charge to meet any measures ordered by the 
COTP.



Sec. 158.180  Certificate of Adequacy: Procedures after revocation or the part no longer applies.

    (a) If a Certificate of Adequacy is revoked, the person in charge 
shall return it to the COTP within five days after the revocation 
becomes effective.
    (b) When this part no longer applies to the port or terminal, the 
person in charge shall return the Certificate of Adequacy to the COTP 
within 30 days after this part no longer applies.
    (c) After the Certificate of Adequacy has been returned to the COTP 
under

[[Page 503]]

paragraph (a) or (b) of this section, an application for a new 
Certificate of Adequacy may be submitted under Sec. 158.140.



Sec. 158.190  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard officer responsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, the 
person affected who is not satisfied with a ruling after having it 
reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Coast Guard District Commander of the district in which the action 
was taken; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing the 
appeal submitted under paragraph (b) of this section. Except as provided 
under paragraph (e) of this section, the person affected who is not 
satisfied with this ruling may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety and Environmental Protection, 
U.S. Coast Guard, Washington, DC, 20593; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (d) After reviewing the appeal submitted under paragraph (c) of this 
section, the Assistant Commandant for Marine Safety and Environmental 
Protection issues a ruling which is final agency action.
    (e) If the delay in presenting a written appeal has an adverse 
impact on the operations of the appellant, the appeal under paragraph 
(b) or (c) of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997]



  Subpart B--Criteria for Reception Facilities: Residues and Mixtures 
                             Containing Oil

    Source: CGD 78-035, 50 FR 36793, Sept. 9, 1985, unless otherwise 
noted.



Sec. 158.200  General.

    (a) Except as allowed in paragraph (b) of this section, the facility 
used to meet Regulation 12 of Annex I to MARPOL 73/78 must--
    (1) Be a reception facility as defined under Sec. 158.120 that is 
available at the port or terminal;
    (2) Hold each Federal, State, and local permit and license required 
by environmental laws and regulations concerning residues and mixtures 
containing oil; and
    (3) Be capable of--
    (i) Receiving residues and mixtures containing oil from oceangoing 
ships within 24 hours after notice by that ship;
    (ii) Completing the reception of oily ballast from the ship in less 
than 10 hours after waste transfer operations begin; and
    (iii) Completing the reception of other residues and mixtures 
containing oil in less than 4 hours after the transfer operation begins.
    (b) Reception facilities for ship repair yards do not have to meet 
paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be 
capable of completing transfer of residues and mixtures containing oil 
from each oceangoing ship before the ship departs from the ship repair 
yard.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 
7764, Mar. 12, 1987]



Sec. 158.210  Ports and terminals loading crude oil.

    The reception facility for a crude oil loading port or terminal must 
have the capacity for receiving--

[[Page 504]]

    (a) Sludge from on-board fuel and lubricating oil processing in the 
amount of 10 metric tons (11 short tons);
    (b) Oily bilge water in the amount of 10 metric tons (11 short tons) 
or 2 metric tons (2.2 short tons) multiplied by the daily vessel 
average, whichever quantity is greater; and
    (c) Oily ballast in the amount of 30% of the deadweight tonnage of 
the largest of the oceangoing tankers loading crude oil at the port or 
terminal that do not have clean ballast tanks (CBT), segregated ballast 
tanks (SBT), or crude oil washing (COW) meeting Part 157 of this 
subchapter, multiplied by one or the daily vessel average, whichever 
quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 
7764, Mar. 12, 1987]



Sec. 158.220  Ports and terminals loading more than 1,000 metric tons of oil other than crude oil or bunker oil.

    The reception facility for an oil loading port or terminal that 
loads a daily average of more than 1,000 metric tons (1,100 short tons) 
of oil other than crude oil or bunker oil to oceangoing tankers must 
have the capacity for receiving--
    (a) Sludge from on-board fuel and lubricating oil processing in the 
amount of 10 metric tons (11 short tons);
    (b) Oily bilge water in the amount of 10 metric tons (11 short tons) 
or 2 metric tons (2.2 short tons) multiplied by the daily vessel 
average, whichever quantity is greater;
    (c) Oily ballast in the amount of 30% of the deadweight tonnage of 
the largest of the oceangoing tankers loading oil other than crude oil 
or bunker oil, at the port or terminal, that do not have CBT or SBT 
meeting Part 157 of this chapter, multiplied by one or the daily vessel 
average, whichever quantity is greater; and
    (d) Cargo residue in the amount of 0.2% of the total cargo capacity 
of the largest of the oceangoing tankers loading oil other than crude 
oil or bunker oil, at the port or terminal, multiplied by one or the 
daily vessel average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 
7764, Mar. 12, 1987]



Sec. 158.230  Ports and terminals other than ports and terminals under Secs. 158.210, 158.220, and 158.240.

    Reception facilities for ports and terminals other than those under 
Secs. 158.210, 158.220, and 158.240 of this subpart and those that are 
used exclusively by non-self-propelled tank barges, must have the 
capacity for receiving--
    (a) Sludge from on-board fuel and lubricating oil processing in the 
amount of 10 metric tons (11 short tons), or 1 metric ton (1.1 short 
tons) multiplied by the daily vessel average, whichever quantity is 
greater; and
    (b) Oily bilge water in the amount of 10 metric tons (11 short tons) 
or 2 metric tons (2.2 short tons) multiplied by the daily vessel 
average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 
7764, Mar. 12, 1987]



Sec. 158.240  Ship repair yards.

    The reception facility that services oceangoing ships using a ship 
repair yard must have a capacity for receiving--
    (a) An amount of ballast from bunker tanks, and the wash water and 
residues from the cleaning of bunker tanks and sludge tanks, equal to 8% 
of the bunker capacity of the largest oceangoing ship serviced;
    (b) An amount of oily solids from cargo tanks equal to 0.1% of the 
deadweight tonnage of the largest oceangoing tanker serviced;
    (c) An amount of oily ballast water and wash water from in-port tank 
washing equal to--
    (1) 1,500 metric tons (1,650 short tons), or;
    (2) 4\1/2\% of the deadweight tonnage of the largest oceangoing 
tanker serviced; and
    (d) An amount of liquid cargo residues based on the following 
percentages of deadweight tonnage of the largest oceangoing tanker 
serviced:
    (1) For crude oil oceangoing tankers, 1%.
    (2) For black product oceangoing tankers, 0.5%
    (3) For white product oceangoing tankers, 0.2%

[[Page 505]]



Sec. 158.250  Standard discharge connection.

    Each reception facility that received oily bilge water must have a 
standard discharge connection that--
    (a) Meets Sec. 155.430 of this subchapter; and
    (b) Attaches to each hose or pipe that removes oily bilge water from 
oceangoing ships.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985]



     Subpart C--Criteria for Certifying That a Port's or Terminal's 
            Facilities Are Adequate for Receiving NLS Residue

    Source: CGD 85-010, 52 FR 7764, Mar. 12, 1987, unless otherwise 
noted.



Sec. 158.300  Purpose.

    The purpose of this subpart is to supply the criteria needed for 
ports and terminals under Sec. 158.110 used by oceangoing ships carrying 
NLS cargo or NLS residue to meet Regulation 7 of Annex II to MARPOL 73/
78.



Sec. 158.310  Reception facilities: General.

    (a) Except as allowed in paragraph (b) of this section, each 
reception facility, in order to pass the inspection under Sec. 158.160, 
must--
    (1) Be a reception facility as defined under Sec. 158.120;
    (2) Be available at the port or terminal;
    (3) Meet the requirements of Sec. 158.320;
    (4) Hold each Federal, State, and local permit and license required 
by environmental laws and regulations concerning NLS residue;
    (5) Be capable of receiving NLS residue from an oceangoing ship 
within 24 hours after notice by that ship of the need for reception 
facilities; and
    (6) Be capable of completing the transfer of NLS residue within 10 
hours after the transfer of NLS residue begins.
    (b) A reception facility for a ship repair yard does not have to 
meet the requirements of paragraphs (a)(5) and (a)(6) of this section if 
it is capable of completing transfer of NLS residue from an oceangoing 
ship before the ship departs from the yard.



Sec. 158.320  Reception facilities: Capacity, and exceptions.

    (a) Except as allowed in paragraph (b) of this section, each day the 
port or terminal is in operation, the port or terminal must have a 
reception facility that is capable of receiving--
    (1) 75 cubic meters (19,810 gallons) of NLS residue for each 
regulated NLS cargo that is a solidifying Category A NLS; or
    (2) 50 cubic meters (13,210 gallons) of NLS residue for each 
regulated NLS cargo that is not a solidifying Category A.
    (b) The port or terminal need only meet Sec. 158.330 if it is used 
by ships that only transfer Category B or C NLS cargoes that are not 
high viscosity or solidifying Category B or C NLSs.
    (c) For each category of NLS cargo carried on a ship, each day a 
ship repair yard is in operation and being used by a ship that must 
discharge NLS residue in order to proceed with repair work, the ship 
repair yard must have a reception facility that is capable of 
receiving--
    (1) 50 cubic meters (13,210 gallons) of NLS residue that contains 
a--
    (i) Category A NLS that is not a solidifying NLS;
    (ii) Category B NLS; or
    (iii) Category C NLS; or
    (iv) Category D NLS; or
    (2) 75 cubic meters (19,810 gallons) of NLS residue that contains a 
Category A NLS that is a solidifying NLS cargo.



Sec. 158.330  Ports and terminals: Equipment.

    Each port and terminal except ship repair yards, in order to pass 
the inspection under Sec. 158.160, must--
    (a) At mean low tide and with the ship's manifold 10 feet above the 
surface of the water, be capable of receiving Category B or C NLS cargo 
during the stripping operations at an average flow rate of 6 cubic 
meters (1584 gallons) per hour without the backpressure at the ship's 
manifold exceeding 101.6 kPa (14.7 pounds per square inch gauge) 
pressure; and
    (b) Have an instruction manual that lists the equipment and 
procedures for meeting paragraph (a) of this section. The instruction 
manual may be made

[[Page 506]]

part of the operations manual that is required under Sec. 154.300 of 
this chapter.



    Subpart D--Criteria for Adequacy of Reception Facilities: Garbage

    Source: CGD 88-002, 54 FR 18409, Apr. 28, 1989, unless otherwise 
noted.



Sec. 158.400  Purpose.

    The purpose of this subpart is to supply the criteria for 
determining the adequacy of reception facilities for garbage at ports 
and terminals that receive ships and to comply with the Act and 
Regulation 7 of Annex V to MARPOL 73/78.



Sec. 158.410  Reception facilities: General.

    (a) Except as allowed in paragraph (b) of this section, the person 
in charge of a port or terminal shall ensure that each port or 
terminal's reception facility.--
    (1) Is capable after August 28, 1989 of receiving APHIS regulated 
garbage at a port or terminal no later than 24 hours after notice under 
Sec. 151.65 of this chapter is given to the port or terminal, unless it 
only receives ships that--
    (i) Operate exclusively within the navigable waters of the United 
States;
    (ii) Operate exclusively between ports or terminals in the 
continental United States; or
    (iii) Operate exclusively between continental United States ports or 
terminals and Canadian ports or terminals.
    (2) Is capable of receiving medical wastes or hazardous wastes 
defined in 40 CFR 261.3, unless the port or terminal operator can 
provide to the master, operator, or person in charge of a ship, a list 
of persons authorized by federal, state, or local law or regulation to 
transport and treat such wastes;
    (3) Is arranged so that it does not interfere with port or terminal 
operations;
    (4) Is conveniently located so that mariners unfamiliar with the 
port or terminal can find it easily and so that it's use will not be 
discouraged;
    (5) Is situated so that garbage from ships which has been placed in 
it cannot readily enter the water; and
    (6) Holds each federal, state, and local permit or license required 
by environmental and public health laws and regulations concerning 
garbage handling.
    (b) A reception facility for a ship repair yard does not have to 
meet the requirements of paragraph (a)(1) of this section if it is 
capable of handling the transfer of garbage from a ship before the ship 
departs from the yard.

    Note: The U.S. Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) requires victual wastes or garbage 
contaminated by victual wastes, except from vessels that operate only 
between the continental United States and Canadian ports, to be 
incinerated or sterilized in accordance with their regulations in 7 CFR 
330.400 and 9 CFR 94.5.



Sec. 158.420  Reception facilities: Capacity and exceptions.

    Each day a port or terminal is in operation, the person in charge of 
a port or terminal must provide, or ensure the availability of, a 
reception facility that is capable of receiving all garbage that the 
master or person who is in charge of a ship desires to discharge, 
except--
    (a) Large quantities of spoiled or damaged cargoes not usually 
discharged by a ship; or
    (b) Garbage from ships not having commercial transactions with that 
port or terminal.



                 Subpart E--Port and Terminal Operations

    Source: CGD 85-010, 52 FR 7765, Mar. 12, 1987, unless otherwise 
noted. Redesignated by CGD 88-002, 54 FR 18409, Apr. 28, 1989.



Sec. 158.500  Draining cargo area and piping systems.

    The person in charge shall ensure that each cargo hose and each 
piping system containing NLS received from each oceangoing ship carrying 
NLS cargo is not drained back into the ship.



Sec. 158.520  Following the instruction manual.

    The person in charge shall ensure that the instruction manual under 
Sec. 158.330(b) is followed during the transfer of any NLS.

[[Page 507]]



PART 159--MARINE SANITATION DEVICES--Table of Contents




                           Subpart A--General

Sec.
159.1  Purpose.
159.3  Definitions.
159.5  Requirements for vessel manufacturers.
159.7  Requirements for vessel operators.

                   Subpart B--Certification Procedures

159.11  Purpose.
159.12  Regulations for certification of existing devices.
159.12a  Certification of certain Type III devices.
159.14  Application for certification.
159.15  Certification.
159.16  Authorization to label devices.
159.17  Changes to certified devices.
159.19  Testing equivalency.

              Subpart C--Design, Construction, and Testing

159.51  Purpose and scope.
159.53  General requirements.
159.55  Identification.
159.57  Installation, operation, and maintenance instructions.
159.59  Placard.
159.61  Vents.
159.63  Access to parts.
159.65  Chemical level indicator.
159.67  Electrical component ratings.
159.69  Motor ratings.
159.71  Electrical controls and conductors.
159.73  Conductors.
159.75  Overcurrent protection.
159.79  Terminals.
159.81  Baffles.
159.83  Level indicator.
159.85  Sewage removal.
159.87  Removal fittings.
159.89  Power interruption: Type I and II devices.
159.93  Independent supporting.
159.95  Safety.
159.97  Safety: inspected vessels.
159.101  Testing: general.
159.103  Vibration test.
159.105  Shock test.
159.107  Rolling test.
159.109  Pressure test.
159.111  Pressure and vacuum pulse test.
159.115  Temperature range test.
159.117  Chemical resistance test.
159.119  Operability test; temperature range.
159.121  Sewage processing test.
159.123  Coliform test: Type I devices.
159.125  Visible floating solids: Type I devices.
159.126  Coliform test: Type II devices.
159.126a  Suspended solids test: Type II devices.
159.127  Safety coliform count: Recirculating devices.
159.129  Safety: Ignition prevention test.
159.131  Safety: Incinerating device.

                  Subpart D--Recognition of Facilities

159.201  Application.
159.205  Criteria for recognition.

    Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1)); 49 
CFR 1.45(b) and 1.46(l) and (m).

    Source: CGD 73-83, 40 FR 4624, Jan. 30, 1975, unless otherwise 
noted.



                           Subpart A--General



Sec. 159.1   Purpose.

    This part prescribes regulations governing the design and 
construction of marine sanitation devices and procedures for certifying 
that marine sanitation devices meet the regulations and the standards of 
the Environmental Protection Agency promulgated under section 312 of the 
Federal Water Pollution Control Act (33 U.S.C. 1322), to eliminate the 
discharge of untreated sewage from vessels into the waters of the United 
States, including the territorial seas. Subpart A of this part contains 
regulations governing the manufacture and operation of vessels equipped 
with marine sanitation devices.



Sec. 159.3  Definitions.

    In this part:
    Coast Guard means the Commandant or his authorized representative.
    Discharge includes, but is not limited to, any spilling, leaking, 
pouring, pumping, emitting, emptying, or dumping.
    Existing vessel includes any vessel, the construction of which was 
initiated before January 30, 1975.
    Fecal coliform bacteria are those organisms associated with the 
intestine of warm-blooded animals that are commonly used to indicate the 
presence of fecal material and the potential presence of organisms 
capable of causing human disease.
    Inspected vessel means any vessel that is required to be inspected 
under 46 CFR Ch. I.

[[Page 508]]

    Manufacturer means any person engaged in manufacturing, assembling, 
or importing of marine sanitation devices or of vessels subject to the 
standards and regulations promulgated under section 312 of the Federal 
Water Pollution Control Act.
    Marine sanitation device and device includes any equipment for 
installation on board a vessel which is designed to receive, retain, 
treat, or discharge sewage, and any process to treat such sewage.
    New vessel includes any vessel, the construction of which is 
initiated on or after January 30, 1975.
    Person means an individual, partnership, firm, corporation, or 
association, but does not include an individual on board a public 
vessel.
    Public vessel means a vessel owned or bare-boat chartered and 
operated by the United States, by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commerce.
    Recognized facility means any laboratory or facility listed by the 
Coast Guard as a recognized facility under this part.
    Sewage means human body wastes and the wastes from toilets and other 
receptacles intended to receive or retain body waste.
    Territorial seas means the belt of the seas measured from the line 
of ordinary low water along that portion of the coast which is in direct 
contact with the open sea and the line marking the seaward limit of 
inland waters, and extending seaward a distance of 3 miles.
    Type I marine sanitation device means a device that, under the test 
conditions described in Secs. 159.123 and 159.125, produces an effluent 
having a fecal coliform bacteria count not greater than 1,000 per 100 
milliliters and no visible floating solids.
    Type II marine sanitation device means a device that, under the test 
conditions described in Secs. 159.126 and 159.126a, produces an effluent 
having a fecal coliform bacteria count not greater than 200 per 100 
milliliters and suspended solids not greater than 150 milligrams per 
liter.
    Type III marine sanitation device means a device that is designed to 
prevent the overboard discharge of treated or untreated sewage or any 
waste derived from sewage.
    Uninspected vessel means any vessel that is not required to be 
inspected under 46 CFR Chapter I.
    United States includes the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Canal Zone, and the Trust Territory of the Pacific Islands.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on the waters of the United States.

[CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 159.5   Requirements for vessel manufacturers.

    (a) On and after January 30, 1977, no manufacturer may manufacture 
for sale, offer for sale, or distribute for sale or resale any new 
vessel equipped with installed toilet facilities unless it is equipped 
with an operable Type I, II, or III device that has a label placed on it 
under Sec. 159.16, or that is certified under Sec. 159.12 or 
Sec. 159.12a.
    (b) After January 30, 1980, no manufacturer may manufacture for 
sale, or offer for sale, or distribute for sale or resale any new vessel 
equipped with installed toilet facilities unless it is equipped with:
    (1) An operable Type II or III device that has a label placed on it 
under Sec. 159.16 or that is certified under Sec. 159.12 or 
Sec. 159.12a; or
    (2) An operable Type I device installed on the vessel before January 
31, 1980, that has a label placed on it under Sec. 159.16 or that is 
certified under Sec. 159.12.
    (c) After January 30, 1980, no manufacturer may sell, offer for 
sale, or distribute for sale or resale any existing vessel equipped with 
installed toilet facilities unless it is equipped with:
    (1) An operable Type II or III device that has a label placed on it 
under Sec. 159.16 or that is certified under Sec. 159.12 or 
Sec. 159.12a; or
    (2) An operable Type I device installed on the vessel before January 
31,

[[Page 509]]

1978, that has a label placed on it under Sec. 159.16 or that is 
certified under Sec. 159.12.

[CGD 75-213, 41 FR 15326, Apr. 12, 1976, as amended by CGD 76-145, 42 FR 
11, Jan. 3, 1977]



Sec. 159.7   Requirements for vessel operators.

    (a) On and after January 30, 1977, no person may operate any new 
vessel equipped with installed toilet facilities, unless it is equipped 
with an operable Type I, II or III device that has a label placed on it 
under Sec. 159.16, or that is certified under Sec. 159.12 or 
Sec. 159.12a.
    (b) After January 30, 1980, no person may operate any new vessel 
equipped with installed toilet facilities unless it is equipped with:
    (1) An operable Type II or III device that has a label placed on it 
under Sec. 159.16 or that is certified under Sec. 159.12 or 
Sec. 159.12a; or
    (2) An operable Type I device installed on the vessel before January 
31, 1980, that has a label placed on it under Sec. 159.16 or that is 
certified under Sec. 159.12;
    (c) After January 30, 1980, no person may operate any existing 
vessel equipped with installed toilet facilities unless it is equipped 
with:
    (1) An operable Type II or III device that has a label placed on it 
under Sec. 159.16 or that is certified under Sec. 159.12 or 
Sec. 159.12a; or
    (2) An operable Type I device installed on the vessel before January 
31, 1978, that has a label placed on it under Sec. 159.16 or that is 
certified under Sec. 159.12.

    Note: The EPA standards state that in freshwater lakes, freshwater 
reservoirs or other freshwater impoundments whose inlets or outlets are 
such as to prevent the ingress or egress by vessel traffic subject to 
this regulation, or in rivers not capable of navigation by interstate 
vessel traffic subject to this regulation, marine sanitation devices 
certified by the U.S. Coast Guard installed on all vessels shall be 
designed and operated to prevent the overboard discharge of sewage, 
treated or untreated, or of any waste derived from sewage. The EPA 
standards further state that this shall not be construed to prohibit the 
carriage of Coast Guard-certified flow-through treatment devices which 
have been secured so as to prevent such discharges. They also state that 
waters where a Coast Guard-certified marine sanitation device permitting 
discharge is allowed include coastal waters and estuaries, the Great 
Lakes and interconnected waterways, freshwater lakes and impoundments 
accessible through locks, and other flowing waters that are navigable 
interstate by vessels subject to this regulation (40 CFR 140.3).

[CGD 75-213, 41 FR 15325, Apr. 12, 1976, as amended by CGD 76-145, 42 FR 
11, Jan. 3, 1977]



                   Subpart B--Certification Procedures



Sec. 159.11   Purpose.

    This subpart prescribes procedures for certification of marine 
sanitation devices and authorization for labels on certified devices.



Sec. 159.12   Regulations for certification of existing devices.

    (a) The purpose of this section is to provide regulations for 
certification of existing devices until manufacturers can design and 
manufacture devices that comply with this part and recognized facilities 
are prepared to perform the testing required by this part.
    (b) Any Type III device that was installed on an existing vessel 
before January 30, 1975, is considered certified.
    (c) Any person may apply to the Commandant (G-MSE), U.S. Coast 
Guard, Washington, D.C. 20593-0001 for certification of a marine 
sanitation device manufactured before January 30, 1976. The Coast Guard 
will issue a letter certifying the device if the applicant shows that 
the device meets Sec. 159.53 by:
    (1) Evidence that the device meets State standards at least equal to 
the standards in Sec. 159.53, or
    (2) Test conducted under this part by a recognized laboratory, or
    (3) Evidence that the device is substantially equivalent to a device 
certified under this section, or
    (4) A Coast Guard field test if considered necessary by the Coast 
Guard.
    (d) The Coast Guard will maintain and make available a list that 
identifies each device certified under this section.
    (e) Devices certified under this section in compliance with 
Sec. 159.53 need not meet the other regulations in this

[[Page 510]]

part and may not be labeled under Sec. 159.16.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976; CGD 82-063a, 48 FR 4776, Feb. 3, 1983; CGD 88-052, 
53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 159.12a  Certification of certain Type III devices.

    (a) The purpose of this section is to provide regulations for 
certification of certain Type III devices.
    (b) Any Type III device is considered certified under this section 
if:
    (1) It is used solely for the storage of sewage and flushwater at 
ambient air pressure and temperature; and
    (2) It is in compliance with Sec. 159.53(c).
    (c) Any device certified under this section need not comply with the 
other regulations in this part except as required in paragraphs (b)(2) 
and (d) of this section and may not be labeled under Sec. 159.16.
    (d) Each device certified under this section which is installed 
aboard an inspected vessel must comply with Sec. 159.97.

[CGD 76-145, 42 FR 11, Jan. 3, 1977]



Sec. 159.14   Application for certification.

    (a) Any manufacturer may apply to any recognized facility for 
certification of a marine sanitation device. The application for 
certification must indicate whether the device will be used aboard all 
vessels or only aboard uninspected vessels and to which standard in 
Sec. 159.53 the manufacturer requests the device to be tested.
    (b) An application may be in any format but must be in writing and 
must be signed by an authorized representative of the manufacturer and 
include or be accompanied by:
    (1) A complete description of the manufacturer's production quality 
control and inspection methods, record keeping systems pertaining to the 
manufacture of marine sanitation devices, and testing procedures;
    (2) The design for the device, including drawings, specifications 
and other information that describes the materials, construction and 
operation of the device;
    (3) The installation, operation, and maintenance instructions for 
the device; and
    (4) The name and address of the applicant and the manufacturing 
facility.
    (c) The manufacturer must furnish the recognized facility one device 
of each model for which certification is requested and samples of each 
material from which the device is constructed, that must be tested 
destructively under Sec. 159.117. The device furnished is for the 
testing required by this part except that, for devices that are not 
suited for unit testing, the manufacturer may submit the design so that 
the recognized facility may determine the components of the device and 
materials to be submitted for testing and the tests to be performed at a 
place other than the facility. The Coast Guard must review and accept 
all such determinations before testing is begun.
    (d) At the time of submittal of an application to a recognized 
facility the manufacturer must notify the Coast Guard of the type and 
model of the device, the name of the recognized facility to which 
application is being made, and the name and address of the manufacturer, 
and submit a signed statement of the times when the manufacturer will 
permit designated officers and employees of the Coast Guard to have 
access to the manufacturer's facilities and all records required by this 
part.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.15   Certification.

    (a) The recognized facility must evaluate the information that is 
submitted by the manufacturer in accordance with Sec. 159.14(b) (1), 
(2), and (3), evaluate the device for compliance with Secs. 159.53 
through 159.95, test the device in accordance with Sec. 159.101 and 
submit to the Commandant (G-MSE), U.S. Coast Guard, Washington, D.C. 
20593-0001 the following:
    (1) The information that is required under Sec. 159.14(b);
    (2) A report on compliance evaluation;
    (3) A description of each test;
    (4) Test results; and

[[Page 511]]

    (5) A statement, that is signed by the person in charge of testing, 
that the test results are accurate and complete.
    (b) The Coast Guard certifies a test device, on the design of the 
device, if it determines, after consideration of the information that is 
required under paragraph (a) of this section, that the device meets the 
requirements in Subpart C of this part.
    (c) The Coast Guard notifies the manufacturer and recognized 
facility of its determination under paragraph (b) of this section. If 
the device is certified, the Coast Guard includes a certification number 
for the device. If certification is denied, the Coast Guard notifies the 
manufacturer and recognized facility of the requirements of this part 
that are not met. The manufacturer may appeal a denial to the Commandant 
(G-MSE), U.S. Coast Guard, Washington, D.C. 20593-0001.
    (d) If upon re-examination of the test device, the Coast Guard 
determines that the device does not in fact comply with the requirements 
of Subpart C of this part, it may terminate the certification.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976; CGD 82-063a, 48 FR 4776, Feb. 3, 1983; CGD 88-052, 
53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 159.16   Authorization to label devices.

    (a) When a test device is certified under Sec. 159.15(b), the Coast 
Guard will issue a letter that authorizes the manufacturer to label each 
device that he manufactures with the manufacturer's certification that 
the device is in all material respects substantially the same as a test 
device certified by the U.S. Coast Guard pursuant to section 312 of the 
Federal Water Pollution Control Act Amendments of 1972.
    (b) Certification placed on a device by its manufacturer under this 
section is the certification required by section 312(h)(4) of the 
Federal Water Pollution Control Act Amendments of 1972, which makes it 
unlawful for a vessel that is subject to the standards and regulations 
promulgated under the Act to operate on the navigable waters of the 
United States, if such vessel is not equipped with an operable marine 
sanitation device certified pursuant to section 312 of the Act.
    (c) Letters of authorization issued under this section are valid for 
5 years, unless sooner suspended, withdrawn, or terminated and may be 
reissued upon written request of the manufacturer to whom the letter was 
issued.
    (d) The Coast Guard, in accordance with the procedure in 46 CFR 
2.75, may suspend, withdraw, or terminate any letter of authorization 
issued under this section if the Coast Guard finds that the manufacturer 
is engaged in the manufacture of devices labeled under this part that 
are not in all material respects substantially the same as a test device 
certified pursuant to this part.



Sec. 159.17   Changes to certified devices.

    (a) The manufacturer of a device that is certified under this part 
shall notify the Commandant (G-MSE), U.S. Coast Guard, Washington, D.C. 
20593-0001 in writing of any change in the design of the device.
    (b) A manufacturer shall include with a notice under paragraph (a) 
of this section a description of the change, its advantages, and the 
recommendation of the recognized facility as to whether the device 
remains in all material respects substantially the same as the original 
test device.
    (c) After notice under paragraph (a) of this section, the Coast 
Guard notifies the manufacturer and the recognized facility in writing 
of any tests that must be made for certification of the device or for 
any change in the letter of authorization. The manufacturer may appeal 
this determination to the Commandant (G-MSE), U.S. Coast Guard, 
Washington, D.C. 20593-0001.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 159.19   Testing equivalency.

    (a) If a test required by this part may not be practicable or 
necessary, a manufacturer may apply to the Commandant (G-MSE), U.S. 
Coast Guard, Washington, DC 20593-0001 for deletion or approval of an 
alternative test as equivalent to the test requirements in this part. 
The application must include

[[Page 512]]

the manufacturer's justification for deletion or the alternative test 
and any alternative test data.
    (b) The Coast Guard notifies the manufacturer of its determination 
under paragraph (a) of this section and that determination is final.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



              Subpart C--Design, Construction, and Testing



Sec. 159.51   Purpose and scope.

    (a) This subpart prescribes regulations governing the design and 
construction of marine sanitation devices.
    (b) Unless otherwise authorized by the Coast Guard each device for 
which certification under this part is requested must meet the 
requirements of this subpart.



Sec. 159.53   General requirements.

    A device must:
    (a) Under the test conditions described in Secs. 159.123 and 
159.125, produce an effluent having a fecal coliform bacteria count not 
greater than 1,000 per 100 milliliters and no visible floating solids 
(Type I),
    (b) Under the test conditions described in Secs. 159.126 and 
159.126a, produce an effluent having a fecal coliform bacteria count not 
greater than 200 per 100 milliliters and suspended solids not greater 
than 150 milligrams per liter (Type II), or
    (c) Be designed to prevent the overboard discharge of treated or 
untreated sewage or any waste derived from sewage (Type III).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.55   Identification.

    (a) Each production device must be legibly marked in accordance with 
paragraph (b) of this section with the following information:
    (1) The name of the manufacturer.
    (2) The name and model number of the device.
    (3) The month and year of completion of manufacture.
    (4) Serial number.
    (5) Whether the device is certified for use on an inspected or an 
uninspected vessel.
    (6) Whether the device is Type I, II, or III.
    (b) The information required by paragraph (a) of this section must 
appear on a nameplate attached to the device or in lettering on the 
device. The nameplate or lettering stamped on the device must be capable 
of withstanding without loss of legibility the combined effects of 
normal wear and tear and exposure to water, salt spray, direct sunlight, 
heat, cold, and any substance listed in Sec. 159.117(b) and (c). The 
nameplate and lettering must be designed to resist efforts to remove 
them from the device or efforts to alter the information stamped on the 
nameplate or the device without leaving some obvious evidence of the 
attempted removal or alteration.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.57   Installation, operation, and maintenance instructions.

    (a) The instructions supplied by the manufacturer must contain 
directions for each of the following:
    (1) Installation of the device in a manner that will permit ready 
access to all parts of the device requiring routine service and that 
will provide any flue clearance necessary for fire safety.
    (2) Safe operation and servicing of the device so that any discharge 
meets the applicable requirements of Sec. 159.53.
    (3) Cleaning, winter layup, and ash or sludge removal.
    (4) Installation of a vent or flue pipe.
    (5) The type and quantity of chemicals that are required to operate 
the device, including instructions on the proper handling, storage and 
use of these chemicals.
    (6) Recommended methods of making required plumbing and electrical 
connections including fuel connections and supply circuit overcurrent 
protection.
    (b) The instructions supplied by the manufacturer must include the 
following information:
    (1) The name of the manufacturer.
    (2) The name and model number of the device.

[[Page 513]]

    (3) Whether the device is certified for use on an inspected, or 
uninspected vessel.
    (4) A complete parts list.
    (5) A schematic diagram showing the relative location of each part.
    (6) A wiring diagram.
    (7) A description of the service that may be performed by the user 
without coming into contact with sewage or chemicals.
    (8) Average and peak capacity of the device for the flow rate, 
volume, or number of persons that the device is capable of serving and 
the period of time the device is rated to operate at peak capacity.
    (9) The power requirements, including voltage and current.
    (10) The type and quantity of fuel required.
    (11) The duration of the operating cycle for unitized incinerating 
devices.
    (12) The maximum angles of pitch and roll at which the device 
operates in accordance with the applicable requirements of Sec. 159.53.
    (13) Whether the device is designed to operate in salt, fresh, or 
brackish water.
    (14) The maximum hydrostatic pressure at which a pressurized sewage 
retention tank meets the requirements of Sec. 159.111.
    (15) The maximum operating level of liquid retention components.
    (16) Whether the device is Type I, II, or III.
    (17) A statement as follows:

    Note: The EPA standards state that in freshwater lakes, freshwater 
reservoirs or other freshwater impoundments whose inlets or outlets are 
such as to prevent the ingress or egress by vessel traffic subject to 
this regulation, or in rivers not capable of navigation by interstate 
vessel traffic subject to this regulation, marine sanitation devices 
certified by the U.S. Coast Guard installed on all vessels shall be 
designed and operated to prevent the overboard discharge of sewage, 
treated or untreated, or of any waste derived from sewage. The EPA 
standards further state that this shall not be construed to prohibit the 
carriage of Coast Guard-certified flow-through treatment devices which 
have been secured so as to prevent such discharges. They also state that 
waters where a Coast Guard-certified marine sanitation device permitting 
discharge is allowed include coastal waters and estuaries, the Great 
Lakes and interconnected waterways, freshwater lakes and impoundments 
accessible through locks, and other flowing waters that are navigable 
interstate by vessels subject to this regulation (40 CFR 140.3).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.59   Placard.

    Each device must have a placard suitable for posting on which is 
printed the operating instructions, safety precautions, and warnings 
pertinent to the device. The size of the letters printed on the placard 
must be one-eighth of an inch or larger.



Sec. 159.61   Vents.

    Vents must be designed and constructed to minimize clogging by 
either the contents of the tank or climatic conditions such as snow or 
ice.



Sec. 159.63   Access to parts.

    Each part of the device that is required by the manufacturer's 
instructions to be serviced routinely must be readily accessible in the 
installed position of the device recommended by the manufacturer.



Sec. 159.65   Chemical level indicator.

    The device must be equipped with one of the following:
    (a) A means of indicating the amount in the device of any chemical 
that is necessary for its effective operation.
    (b) A means of indicating when chemicals must be added for the 
proper continued operation of the device.



Sec. 159.67   Electrical component ratings.

    Electrical components must have current and voltage ratings equal to 
or greater than the maximum load they may carry.



Sec. 159.69   Motor ratings.

    Motors must be rated to operate at 50 deg. C ambient temperature.



Sec. 159.71   Electrical controls and conductors.

    Electrical controls and conductors must be installed in accordance 
with good marine practice. Wire must be copper and must be stranded. 
Electrical controls and conductors must be

[[Page 514]]

protected from exposure to chemicals and sewage.



Sec. 159.73   Conductors.

    Current carrying conductors must be electrically insulated from non-
current carrying metal parts.



Sec. 159.75   Overcurrent protection.

    Overcurrent protection must be provided within the unit to protect 
subcomponents of the device if the manufacturer's recommended supply 
circuit overcurrent protection is not adequate for these subcomponents.



Sec. 159.79   Terminals.

    Terminals must be solderless lugs with ring type or captive spade 
ends, must have provisions for being locked against movement from 
vibration, and must be marked for identification on the wiring diagram 
required in Sec. 159.57. Terminal blocks must be nonabsorbent and 
securely mounted. Terminal blocks must be provided with barrier 
insulation that prevents contact between adjacent terminals or metal 
surfaces.



Sec. 159.81   Baffles.

    Baffles in sewage retention tanks, if any, must have openings to 
allow liquid and vapor to flow freely across the top and bottom of the 
tank.



Sec. 159.83   Level indicator.

    Each sewage retention device must have a means of indicating when 
the device is more than \3/4\ full by volume.



Sec. 159.85   Sewage removal.

    The device must be designed for efficient removal of nearly all of 
the liquid and solids in the sewage retention tank.



Sec. 159.87   Removal fittings.

    If sewage removal fittings or adapters are provided with the device, 
they must be of either 1\1/2\'' or 4'' nominal pipe size.



Sec. 159.89   Power interruption: Type I and II devices.

    A discharge device must be designed so that a momentary loss of 
power during operation of the device does not allow a discharge that 
does not meet the requirements in Sec. 159.53.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.93   Independent supporting.

    The device must have provisions for supporting that are independent 
from connecting pipes.



Sec. 159.95   Safety.

    (a) Each device must--
    (1) Be free of design defects such as rough or sharp edges that may 
cause bodily injuries or that would allow toxic substances to escape to 
the interior of the vessel;
    (2) Be vented or provided with a means to prevent an explosion or 
over pressurization as a result of an accumulation of gases; and
    (3) Meet all other safety requirements of the regulations applicable 
to the type of vessel for which it is certified.
    (b) A chemical that is specified or provided by the manufacturer for 
use in the operation of a device and is defined as a hazardous material 
in 46 CFR Part 146 must be certified by the procedures in 46 CFR Part 
147.
    (c) Current carrying components must be protected from accidental 
contact by personnel operating or routinely servicing the device. All 
current carrying components must as a minimum be of drip-proof 
construction or be enclosed within a drip-proof compartment.



Sec. 159.97   Safety: inspected vessels.

    The Commandant approves the design and construction of devices to be 
certified for installation and operation on board inspected vessels on 
the basis of tests and reports of inspection under the applicable marine 
engineering requirements in Subchapter F of Title 46, Code of Federal 
Regulations, and under the applicable electrical engineering 
requirements in Subchapter J of Title 46 Code of Federal Regulations.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]

[[Page 515]]



Sec. 159.101   Testing: general.

    Unless otherwise authorized by the Coast Guard, a recognized 
facility must perform each test described in Secs. 159.103 through 
159.131. The same device must be used for each test and tested in the 
order in which the tests are described. There must be no cracking, 
softening, deterioration, displacement, breakage, leakage or damage of 
components or materials that affects the operation or safety of the 
device after each test described in Secs. 159.103 through 159.117 and 
Sec. 159.121, and the device must remain operable after the test 
described in Sec. 159.119. The device must be set up in a manner 
simulating installation on a vessel in accordance with the 
manufacturer's instructions with respect to mounting, water supply, and 
discharge fittings.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.103   Vibration test.

    The device, with liquid retention components, if any, filled with 
water to one-half of their volume, must be subjected to a sinusoidal 
vibration for a period of 12 hours, 4 hours in each of the x, y, and z 
planes, at the resonant frequency of the device (or at 55 cycles per 
second if there is no resonant frequency between 10 to 60 hertz) and 
with a peak amplitude of 0.019 to 0.021 inches.



Sec. 159.105   Shock test.

    The device, with liquid retention components, if any, filled with 
water to half of their volume, must be subjected to 1,000 vertical 
shocks that are ten times the force of gravity (10g) and have a duration 
of 20-25 milliseconds measured at the base of the half-sine shock 
envelope.



Sec. 159.107   Rolling test.

    (a) The device, with liquid retention components, if any, filled 
with water to half of their volume, must be subjected to 100 cycles with 
the axis of rotation 4 feet from the centerline of the device, no more 
than 6 inches below the plane of the bottom of the device, and parallel 
to any tank baffles. The device must then be rotated 90 degrees on its 
vertical axis and subjected to another 100 cycles. This testing must be 
repeated with the liquid retention components filled to the maximum 
operating level as specified by the manufacturer in Sec. 159.57.
    (b) Eighty percent of the rolling action must be approximately 15 
degrees on either side of the vertical and at a cyclic rate of 3 to 4 
seconds. Twenty percent motions must be approximately 30 degrees, or the 
maximum angle specified by the manufacturer under Sec. 159.57, whichever 
is greater, on either side of the vertical at a cyclic rate of 6 to 8 
seconds.



Sec. 159.109   Pressure test.

    Any sewage retention tank that is designed to operate under pressure 
must be pressurized hydrostatically at a pressure head of 7 feet or to 
150 percent of the maximum pressure specified by the manufacturer for 
operation of the tank, whichever is greater. The tank must hold the 
water at this pressure for 1 hour with no evidence of leaking.



Sec. 159.111   Pressure and vacuum pulse test.

    Liquid retention components of the device with manufacturer 
specified venting installed must be subjected to 50 fillings of water at 
a pressure head of 7 feet or the maximum pressure specified by the 
manufacturer for operation of the device, whichever is greater, and then 
emptied with a 45 gallon per minute or larger positive displacement pump 
that remains in operation 30 seconds after emptying the tank at the end 
of each cycle.



Sec. 159.115   Temperature range test.

    (a) The device must be held at a temperature of 60 deg. C or higher 
for a period of 16 hours.
    (b) The device must be held at a temperature of -40 deg. C or less 
for a period of 16 hours following winterization in accordance with 
manufacturers' instructions.



Sec. 159.117   Chemical resistance test.

    (a) In each case where the recognized facility doubts the ability of 
a material to withstand exposure to the substances listed in paragraphs 
(b) and (c)

[[Page 516]]

of this section a sample of the material must be tested.
    (b) A sample referred to in paragraph (a) of this section must be 
partially submerged in each of the following substances for 100 hours at 
an ambient temperature of 22 deg. C.
    (1) Sewage.
    (2) Any disinfectant that is required in the operation of the 
device.
    (3) Any chemical compound in solid, liquid or gaseous form, used, 
emitted or produced in the operation of the device.
    (4) Fresh or salt (3.5 percent Sodium Chloride) flush water.
    (5) Toilet bowl cleaners.
    (6) Engine Oil (SAE/30).
    (7) Ethylene Glycol.
    (8) Detergents (household and bilge cleaning type).
    (c) A sample of the material must be doused 20 times, with a 1 hour 
drying period between dousings, in each of the following substances:
    (1) Gasoline.
    (2) Diesel fuel.
    (3) Mineral spirits.
    (4) Turpentine.
    (5) Methyl alcohol.



Sec. 159.119   Operability test; temperature range.

    The device must operate in an ambient temperature of 5 deg. C with 
inlet operating fluid temperature varying from 2 deg. C to 32 deg. C and 
in an ambient temperature of 50 deg. C with inlet operating fluid 
temperature varying from 2 deg. C to 32 deg. C.



Sec. 159.121   Sewage processing test.

    (a) The device must process human sewage in the manner for which it 
is designed when tested in accordance with this section. There must be 
no sewage or sewage-treating chemicals remaining on surfaces or in 
crevices that could come in contact with a person using the device or 
servicing the device in accordance with the instructions supplied under 
Sec. 159.57(b)(7).
    (b) During the test the device must be operated and maintained in 
accordance with the manufacturer's instructions. Any initial start-up 
time specified by the manufacturer must be allowed before test periods 
begin. For 1 hour of each 8-hour test period, the device must be tilted 
to the maximum angles specified by the manufacturer under Secs. 159.55 
and 159.57.
    (c) Except for devices described in paragraph (d) of this section, 
the devices must process and discharge or store human sewage over at 
least an 8-consecutive hour period on at least 10 days within a 20-day 
period. The device must receive human sewage consisting of fecal matter, 
urine, and toilet paper in a ratio of four urinations to one defecation 
with at least one defecation per person per day. Devices must be tested 
at their average rate of capacity as specified in Sec. 159.57. In 
addition, during three periods of each day the system must process 
sewage at the peak capacity for the period of time it is rated at peak 
capacity.
    (d) A device that processes and discharges continuously between 
individual use periods or a large device, as determined by the Coast 
Guard, must process and discharge sewage over at least 10-consecutive 
days at the average daily capacity specified by the manufacturer. During 
three periods of each day the system must process sewage at the peak 
capacity for the period of time it is rated at peak capacity. The sewage 
for this test must be fresh, domestic sewage to which primary sludge has 
been added, as necessary, to create a test sewage with a minimum of 500 
miligrams of suspended solids per liter.



Sec. 159.123   Coliform test: Type I devices.

    (a) The arithmetic mean of the fecal coliform bacteria in 38 of 40 
samples of effluent discharged from a Type I device during the test 
described in Sec. 159.121 must be less than 1000 per 100 milliliters 
when tested in accordance with 40 CFR Part 136.
    (b) The 40 samples must be taken from the device as follows: During 
each of the 10-test days, one sample must be taken at the beginning, 
middle, and end of an 8-consecutive hour period with one additional 
sample taken immediately following the peak capacity processing period.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]

[[Page 517]]



Sec. 159.125   Visible floating solids: Type I devices.

    During the sewage processing test (Sec. 159.121) 40 effluent samples 
of approximately 1 liter each shall be taken from a Type I device at the 
same time as samples taken in Sec. 159.123 and passed expeditiously 
through a U.S. Sieve No. 12 as specified in ASTM E-11-70. The weight of 
the material retained on the screen after it has been dried to a 
constant weight in an oven at 103 deg. C. must be divided by the volume 
of the sample and expressed as milligrams per liter. This value must be 
10 percent or less of the total suspended solids as determined in 
accordance with 40 CFR Part 136 or at least 38 of the 40 samples.

    Note: 33 U.S.C. 1321(b)(3) prohibits discharge of harmful quantities 
of oil into or upon the navigable waters of the United States or 
adjoining shorelines or into or upon the waters of the contiguous zone. 
Under 40 CFR 110.3 and 110.4 such discharges of oil include discharges 
which:
    (a) Violate applicable water quality standards, or
    (b) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines. 
If a sample contains a quantity of oil determined to be harmful, the 
Coast Guard will not certify the device.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.126   Coliform test: Type II devices.

    (a) The arithmetic mean of the fecal coliform bacteria in 38 of 40 
samples of effluent from a Type II device during the test described in 
Sec. 159.121 must be 200 per 100 milliliters or less when tested in 
accordance with 40 CFR Part 136.
    (b) The 40 samples must be taken from the device as follows: During 
each of the 10 test days, one sample must be taken at the beginning, 
middle and end of an 8-consecutive hour period with one additional 
sample taken immediately following the peak capacity processing period.

[CGD 75-213, 41 FR 15326, Apr. 12, 1976]



Sec. 159.126a   Suspended solids test: Type II devices.

    During the sewage processing test (Sec. 159.121) 40 effluent samples 
must be taken at the same time as samples are taken for Sec. 159.126 and 
they must be analyzed for total suspended solids in accordance with 40 
CFR Part 136. The arithmetic mean of the total suspended solids in 38 of 
40 of these samples must be less than or equal to 150 milligrams per 
liter.

[CGD 75-213, 41 FR 15326, Apr. 12, 1976]



Sec. 159.127   Safety coliform count: Recirculating devices.

    Thirty-eight of forty samples of flush fluid from a recirculating 
device must have less than 240 fecal coliform bacteria per 100 
milliliters. These samples must be collected in accordance with 
Sec. 159.123(b) and tested in accordance with 40 CFR Part 136.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.129   Safety: Ignition prevention test.

    (a) Components of a device that are a potential ignition source in 
an explosive atmosphere must pass the test in paragraph (b) or (c) of 
this section or meet the requirements of paragraph (d) or have a 
specific warning in the instruction manual required by Sec. 159.57 that 
the device should not be installed in an explosive atmosphere.
    (b) Components protected by vapor exclusion must be placed in a 
chamber filled with a rich mixture of gasoline or propane in air with 
the pressure being varied from 0 to 2 psig once an hour for 8 hours. 
Vapor readings must be taken in the void being protected and must 
indicate a leakage less than 20 percent of the lower explosive limit of 
the mixture in the chamber.
    (c) Components providing ignition protection by means other than 
vapor exclusion must be fitted with an ignition source, such as a spark 
plug, and a means of injecting an explosive mixture of gasoline or 
propane and air into the void that protects the component. Connections 
must be made so as to minimize any additional volume added to the 
protected void by the apparatus

[[Page 518]]

delivering the explosive mixture. The component must be placed in a 
chamber filled with an explosive mixture and there must be no ignition 
of the explosive mixture surrounding the component when the following 
tests are conducted:
    (1) Using any overload protection that is part of the device, the 
potential ignition source must be operated for one half hour at 110 
percent of its rated voltage, one half hour at 50 percent of its rated 
voltage and one half hour at 100 percent of its rated voltage with the 
motor or armature locked, if the potential ignition source is a motor or 
part of a motor's electrical circuit.
    (2) With the explosive mixture in the protected void, the test 
installed ignition source must be activated 50 times.
    (3) The tests paragraphs (c) (1) and (2) of this section must be 
repeated with any plugs removed.
    (d) Components that are certified as being intrinsically safe in 
accordance with the Instrument Society of America (RP 12.2) or explosion 
proof in accordance with the Underwriters Laboratories STD 698 in Class 
I, Group D hazardous locations (46 CFR 111.80-5(a)) need not be 
subjected to this testing.



Sec. 159.131   Safety: Incinerating device.

    An incinerating device must not incinerate unless the combustion 
chamber is closed, must purge the combustion chamber of combustible fuel 
vapors before and after incineration must secure automatically if the 
burner does not ignite, must not allow an accumulation of fuel, and must 
neither produce a temperature on surfaces adjacent to the incineration 
chamber higher than 67 deg. C nor produce a temperature on surfaces in 
normal body contact higher than 41 deg. C when operating in an ambient 
temperature of 25 deg. C. Unitized incineration devices must completely 
burn to a dry, inert ash, a simultaneous defecation and urination and 
must not discharge fly ash, malodors, or toxic substances.



                  Subpart D--Recognition of Facilities



Sec. 159.201   Application.

    (a) To apply for listing as a recognized facility under this part, a 
facility must apply to the Commandant (G-MOC), U.S. Coast Guard 
Headquarters, Washington, DC 20593-0001 and include:
    (1) Name and address;
    (2) A description of the applicant's capability to perform the tests 
and evaluations that are required by this part, including information on 
personnel qualifications, equipment, materials, and facilities; and
    (3) A signed statement that the Coast Guard may inspect the facility 
to verify its qualification and inspect the records on certification of 
marine sanitation devices.
    (b) An applicant under paragraph (a) of this section must submit any 
other information the Coast Guard requests for the determination of the 
facilities's qualification as a recognized facility.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 159.205   Criteria for recognition.

    To qualify for and retain recognition as a recognized facility, a 
facility must meet the criteria in this section.
    (a) The facility must maintain an organization chart that shows the 
personnel structure and the relationship between administration, 
operation, and quality control for the testing of marine sanitation 
devices.
    (b) The facility must maintain a quality control program and a 
quality control manual that describes that program and the 
responsibilities of personnel for the testing of marine sanitation 
devices, including:
    (1) Receiving, handling, and shipping procedures;
    (2) Test procedures;
    (3) The calibration system;
    (4) The test report system;
    (5) Certification procedures and standards;
    (6) The record and filing system; and
    (7) The standards and filing system for subcontracts.
    (c) The facility must maintain a master file that contains the Coast 
Guard standards, reference standards, and the facility's test standards 
that apply to the testing of marine sanitation devices.

[[Page 519]]

    (d) The facility must maintain the shipping and receiving 
information for each device, including:
    (1) The date of receipt;
    (2) The name of the manufacturer;
    (3) The type of device;
    (4) A record of the visible condition of the device upon receipt; 
and
    (5) Any other information that is necessary to accurately record and 
positively identify each device that is received.
    (e) The facility must follow written procedures for tests of 
devices. These written procedures must be available for examination upon 
the request of the Coast Guard.
    (f) The facility must maintain data sheets and test equipment lists 
for all inspections and tests of devices. These must be in sufficient 
detail for complete verification and evaluation of the operations and 
objectives, including:
    (1) The date and name of the test, the name of the supervising 
engineer, the manufacturer and description of the test device;
    (2) A detailed explanation of the results of each phase of tests and 
any unusual occurrences; and
    (3) The signature of the technician who performs each test.
    (g) The facility must maintain a list of the test equipment that it 
uses and the date of the last calibration of that equipment.
    (h) The facility must maintain and document a calibration program 
and ensure the degree of accuracy as follows:
    (1) The accuracy of all measurement instrument standards must be 
traceable to the primary standards of the National Bureau of Standards. 
This traceability may be through reference standards that are certified 
for accuracy and stability by the National Bureau of Standards.
    (2) The normal accuracy of the reference standard must be at least 
four times as great as that of the facility's instrument that is being 
calibrated. All equipment must be calibrated at least once a year or in 
accordance with the recommended schedule of the instrument manufacturer 
of the National Bureau of Standards.
    (3) The facility must maintain documentation of the calibration 
standards and test equipment.
    (4) If the facility performs its own calibration, it must maintain 
written calibration procedures, maintenance information, a record of the 
values that are recorded during calibration, and the standards and 
equipment that are used for the calibration.
    (5) If the facility does not perform its own calibration, it is 
responsible for the accuracy of the calibrations.
    (i) The facility must have no conflict of interest. The Coast 
Guard's determination on the conflict of interest questions is final. 
Except as provided in paragraph (j) of this section, conflict of 
interest is defined as follows:
    (1) The loss or award of a specific contract to test marine 
sanitation devices is not a substantial factor for the financial well 
being of the facility;
    (2) The facility's personnel are free of the influence or control of 
manufacturers, suppliers, or vendors; and
    (3) The facility is not involved in the promotion of a marine 
sanitation device.
    (j) If the uniqueness or size of a device requires testing by a 
facility that may not meet all the criteria for conflict of interest in 
paragraph (i) of this section, a manufacturer may apply to the 
Commandant (G-MSE), U.S. Coast Guard Washington, DC 20593-0001 to allow 
the facility to conduct the tests.
    (k) If a recognized facility subcontracts for any testing, it must 
apply to the Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-
0001 for authorization and include the justification for the 
subcontracting. The recognized facility is responsible for the accuracy 
and completeness of all tests by a subcontractor.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]

[[Page 520]]



                SUBCHAPTER P--PORTS AND WATERWAYS SAFETY





PART 160--PORTS AND WATERWAYS SAFETY--GENERAL--Table of Contents




                           Subpart A--General

Sec.
160.1  Purpose.
160.3  Definitions.
160.5  Delegations.
160.7  Appeals.

          Subpart B--Control of Vessel and Facility Operations

160.101  Purpose.
160.103  Applicability.
160.105  Compliance with orders.
160.107  Denial of entry.
160.109  Waterfront facility safety.
160.111  Special orders applying to vessel operations.
160.113  Prohibition of vessel operation and cargo transfers.
160.115  Withholding of clearance.

Subpart C--Notifications of Arrivals, Departures, Hazardous Conditions, 
                      and Certain Dangerous Cargoes

160.201  Applicability and exceptions to applicability.
160.203  Definitions.
160.205  Waivers.
160.207  Notice of arrival: Vessels bound for ports or places in the 
          United States.
160.209  [Reserved]
160.211  Notice of arrival: Vessels carrying certain dangerous cargo.
160.213  Notice of departure: Vessels carrying certain dangerous cargo.
160.215  Notice of hazardous conditions.

    Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46.

    Source: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise 
noted.



                           Subpart A--General



Sec. 160.1  Purpose.

    (a) This subchapter contains regulations implementing the Ports and 
Waterways Safety Act (33 U.S.C. 1221) and related statutes.



Sec. 160.3  Definitions.

    For the purposes of this subchapter:
    Bulk means material in any quantity that is shipped, stored, or 
handled without the benefit of package, label, mark or count and carried 
in integral or fixed independent tanks.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command a Captain of the Port Zone as described in part 3 
of this chapter.
    Commandant means the Commandant of the United States Coast Guard.
    Commanding Officer, Vessel Traffic Services means the Coast Guard 
officer designated by the Commandant to command a Vessel Traffic Service 
(VTS) as described in part 161 of this chapter.
    Deviation means any departure from any rule in this subchapter.
    District Commander means the Coast Guard officer designated by the 
Commandant to command a Coast Guard District as described in part 3 of 
this chapter.
    ETA means estimated time of arrival.
    Length of Tow means, when towing with a hawser, the length in feet 
from the stern of the towing vessel to the stern of the last vessel in 
tow. When pushing ahead or towing alongside, length of tow means the 
tandem length in feet of the vessels in tow excluding the length of the 
towing vessel.
    Person means an individual, firm, corporation, association, 
partnership, or governmental entity.
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, the Trust Territories of the 
Pacific Islands, the Commonwealth of the Northern Marianas Islands, and 
any other commonwealth, territory, or possession of the United States.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous materials in bulk in the cargo 
spaces.
    Tank Vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Vehicle means every type of conveyance capable of being used as a 
means of transportation on land.

[[Page 521]]

    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

    Note: Although regulatory jurisdiction is limited to the navigable 
waters of the United States, certain vessels will be encouraged or may 
be required, as a condition of port entry, to report beyond this area to 
facilitate traffic management within the VTS area.

    VTS Special Area means a waterway within a VTS area in which special 
operating requirements apply.

[CGD 90-020, 59 FR 36323, July 15, 1994]



Sec. 160.5  Delegations.

    (a) District Commanders and Captains of the Ports are delegated the 
authority to establish safety zones.
    (b) Under the provisions of Secs. 6.04-1 and 6.04-6 of this chapter, 
District Commanders and Captains of the Ports have been delegated 
authority to establish security zones.
    (c) Under the provisions of Sec. 1.05-1 of this chapter, District 
Commanders have been delegated authority to establish regulated 
navigation areas.
    (d) Subject to the supervision of the cognizant Captain of the Port 
and District Commander, Commanding Officers, Vessel Traffic Services are 
delegated authority under 33 CFR 1.01-30 to discharge the duties of the 
Captain of the Port that involve directing the operation, movement, and 
anchorage of vessels within a Vessel Traffic Service area including 
management of vessel traffic within anchorages, regulated navigation 
areas and safety zones, and to enforce Vessel Traffic Service and ports 
and waterways safety regulations. This authority may be exercised by 
Vessel Traffic Center personnel. The Vessel Traffic Center may, within 
the Vessel Traffic Service area, provide information, make 
recommendations, or, to a vessel required under Part 161 of this chapter 
to participate in a Vessel Traffic Service, issue an order, including an 
order to operate or anchor as directed; require the vessel to comply 
with orders issued; specify times of entry, movement or departure; 
restrict operations as necessary for safe operation under the 
circumstances; or take other action necessary for control of the vessel 
and the safety of the port or of the marine environment.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 
21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994]



Sec. 160.7  Appeals.

    (a) Any person directly affected by a safety zone or an order or 
direction issued under this subchapter may request reconsideration by 
the official who issued it or in whose name it was issued. This request 
may be made orally or in writing, and the decision of the official 
receiving the request may be rendered orally or in writing.
    (b) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by, or on behalf of, a Captain 
of the Port may appeal to the District Commander through the Captain of 
the Port. The appeal must be in writing, except as allowed under 
paragraph (d) of this section, and shall contain complete supporting 
documentation and evidence which the appellant wishes to have 
considered. Upon receipt of the appeal, the District Commander may 
direct a representative to gather and submit documentation or other 
evidence which would be necessary or helpful to a resolution of the 
appeal. A copy of this documentation and evidence is made available to 
the appellant. The appellant is afforded five working days from the date 
of receipt to submit rebuttal materials. Following submission of all 
materials, the District Commander issues a ruling, in writing, on the 
appeal.

[[Page 522]]

Prior to issuing the ruling, the District Commander may, as a matter of 
discretion, allow oral presentation on the issues.
    (c) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by a District Commander, or who 
receives an unfavorable ruling on an appeal taken under paragraph (b) of 
this section, may appeal through the District Commander to the Assistant 
Commandant for Marine Safety and Environmental Protection, U.S. Coast 
Guard, Washington, DC 20593. The appeal must be in writing, except as 
allowed under paragraph (d) of this section. The District Commander 
forwards the appeal, all the documents and evidence which formed the 
record upon which the order or direction was issued or the ruling under 
paragraph (b) of this section was made, and any comments which might be 
relevant, to the Assistant Commandant for Marine Safety and 
Environmental Protection. A copy of this documentation and evidence is 
made available to the appellant. The appellant is afforded five working 
days from the date of receipt to submit rebuttal materials to the 
Assistant Commandant for Marine Safety and Environmental Protection. The 
decision of the Assistant Commandant for Marine Safety and Environmental 
Protection is based upon the materials submitted, without oral argument 
or presentation. The decision of the Assistant Commandant for Marine 
Safety and Environmental Protection is issued in writing and constitutes 
final agency action.
    (d) If the delay in presenting a written appeal would have 
significant adverse impact on the appellant, the appeal under paragraphs 
(b) and (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the presentation was made. The 
written appeal must contain, at a minimum, the basis for the appeal and 
a summary of the material presented orally. If requested, the official 
to whom the appeal is directed may stay the effect of the action while 
the ruling is being appealed.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997]



          Subpart B--Control of Vessel and Facility Operations



Sec. 160.101  Purpose.

    This subpart describes the authority exercised by District 
Commanders and Captains of the Ports to insure the safety of vessels and 
waterfront facilities, and the protection of the navigable waters and 
the resources therein. The controls described in this subpart are 
directed to specific situations and hazards.



Sec. 160.103  Applicability.

    (a) This subpart applies to any--
    (1) Vessel on the navigable waters of the United States, except as 
provided in paragraphs (b) and (c) of this section;
    (2) Bridge or other structure on or in the navigable waters of the 
United States; and
    (3) Land structure or shore area immediately adjacent to the 
navigable waters of the United States.
    (b) This subpart does not apply to any vessel on the Saint Lawrence 
Seaway.
    (c) Except pursuant to international treaty, convention, or 
agreement, to which the United States is a party, this subpart does not 
apply to any foreign vessel that is not destined for, or departing from, 
a port or place subject to the jurisdiction of the United States and 
that is in:
    (1) Innocent passage through the territorial sea of the United 
States;
    (2) Transit through the navigable waters of the United States which 
form a part of an international strait.



Sec. 160.105  Compliance with orders.

    Each person who has notice of the terms of an order issued under 
this subpart must comply with that order.

[[Page 523]]



Sec. 160.107  Denial of entry.

    Each District Commander or Captain of the Port, subject to 
recognized principles of international law, may deny entry into the 
navigable waters of the United States or to any port or place under the 
jurisdiction of the United States, and within the district or zone of 
that District Commander or Captain of the Port, to any vessel not in 
compliance with the provisions of the Port and Tanker Safety Act (33 
U.S.C. 1221-1232) or the regulations issued thereunder.



Sec. 160.109  Waterfront facility safety.

    (a) To prevent damage to, or the destruction of, any bridge or other 
structure on or in the navigable waters of the United States, or any 
land structure or shore area immediately adjacent to such waters, and to 
protect the navigable waters and the resources therein from harm 
resulting from vessel or structure damage, destruction, or loss, each 
District Commander or Captain of the Port may:
    (1) Direct the handling, loading, unloading, storage, and movement 
(including the emergency removal, control and disposition) of explosives 
or other dangerous articles and substances, including oil or hazardous 
material as those terms are defined in section 4417a of the Revised 
Statutes, as amended (46 U.S.C. 391a) on any structure on or in the 
navigable waters of the United States, or any land structure or shore 
area immediately adjacent to those waters; and
    (2) Conduct examinations to assure compliance with the safety 
equipment requirements for structures.



Sec. 160.111  Special orders applying to vessel operations.

    Each District Commander or Captain of the Port may order a vessel to 
operate or anchor in the manner directed when:
    (a) The District Commander or Captain of the Port has reasonable 
cause to believe that the vessel is not in compliance with any 
regulation, law or treaty;
    (b) The District Commander or Captain of the Port determines that 
the vessel does not satisfy the conditions for vessel operation and 
cargo transfers specified in Sec. 160.113; or
    (c) The District Commander or Captain of the Port has determined 
that such order is justified in the interest of safety by reason of 
weather, visibility, sea conditions, temporary port congestion, other 
temporary hazardous circumstances, or the condition of the vessel.



Sec. 160.113  Prohibition of vessel operation and cargo transfers.

    (a) Each District Commander or Captain of the Port may prohibit any 
vessel subject to the provisions of section 4417a of the Revised 
Statutes (46 U.S.C. 391a) from operating in the navigable waters of the 
United States, or from transferring cargo or residue in any port or 
place under the jurisdiction of the United States, and within the 
district or zone of that District Commander or Captain of the Port, if 
the District Commander or the Captain of the Port determines that the 
vessel's history of accidents, pollution incidents, or serious repair 
problems creates reason to believe that the vessel may be unsafe or pose 
a threat to the marine environment.
    (b) The authority to issue orders prohibiting operation of the 
vessels or transfer of cargo or residue under paragraph (a) of this 
section also applies if the vessel:
    (1) Fails to comply with any applicable regulation;
    (2) Discharges oil or hazardous material in violation of any law or 
treaty of the United States;
    (3) Does not comply with applicable vessel traffic service 
requirements;
    (4) While underway, does not have at least one licensed deck officer 
on the navigation bridge who is capable of communicating in the English 
language.
    (c) When a vessel has been prohibited from operating in the 
navigable waters of the United States under paragraphs (a) or (b) of 
this section, the District Commander or Captain of the Port may allow 
provisional entry into the navigable waters of the United States, or 
into any port or place under the jurisdiction of the United States and 
within the district or zone of that District Commander or Captain of the 
Port, if

[[Page 524]]

the owner or operator of such vessel proves to the satisfaction of the 
District Commander or Captain of the Port, that the vessel is not unsafe 
or does not pose a threat to the marine environment, and that such entry 
is necessary for the safety of the vessel or the persons on board.
    (d) A vessel which has been prohibited from operating in the 
navigable waters of the United States, or from transferring cargo or 
residue in a port or place under the jurisdiction of the United States 
under the provisions of paragraph (a) or (b)(1), (2) or (3) of this 
section, may be allowed provisional entry if the owner or operator 
proves, to the satisfaction of the District Commander or Captain of the 
Port that has jurisdiction, that the vessel is no longer unsafe or a 
threat to the environment, and that the condition which gave rise to the 
prohibition no longer exists.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996]



Sec. 160.115  Withholding of clearance.

    Each District Commander or Captain of the Port may request the 
Secretary of the Treasury, or the authorized representative thereof, to 
withhold or revoke the clearance required by 46 U.S.C. 91 of any vessel, 
the owner or operator of which is subject to any penalties under 33 
U.S.C. 1232.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983]



Subpart C--Notifications of Arrivals, Departures, Hazardous Conditions, 
                      and Certain Dangerous Cargoes



Sec. 160.201  Applicability and exceptions to applicability.

    (a) This subpart prescribes notification requirements for U.S. and 
foreign vessels bound for or departing from ports or places in the 
United States.
    (b) This part does not apply to recreational vessels under 46 U.S.C. 
4301 et seq. and, except Sec. 160.215, does not apply to:
    (1) Passenger and supply vessels when they are employed in the 
exploration for or in the removal of oil, gas, or mineral resources on 
the continental shelf, and
    (2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill 
response operations or during spill response exercises.
    (c) Section 160.207 does not apply to the following:
    (1) Each vessel of 300 gross tons or less, except a foreign vessel 
of 300 gross tons or less entering any port or place in the Seventh 
Coast Guard District as described by 3.35-1(b) of this chapter.
    (2) Each vessel operating exclusively within a Captain of the Port 
zone.
    (3) Each vessel operating upon a route that is described in a 
schedule that is submitted to the Captain of the Port for each port or 
place of destination listed in the schedule at least 24 hours in advance 
of the first date and time of arrival listed on the schedule and 
contains:
    (i) Name of the vessel;
    (ii) Country of registry of the vessel;
    (iii) Call sign of the vessel;
    (iv) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (v) Name of the registered owner of the vessel;
    (vi) Name of the operator of the vessel;
    (vii) Name of the classification society of the vessel;
    (viii) Each port or place of destination;
    (ix) Estimated dates and times of arrivals at and departures from 
these ports or places; and
    (x) Name and telephone number of a 24-hour point of contact.
    (4) Each vessel arriving at a port or place under force majeure.
    (5) Each vessel entering a port of call in the United States in 
compliance with the Automated Mutual Assistance Vessel Rescue System 
(AMVER).
    (6) Each vessel entering a port of call in the United States in 
compliance with the U.S. Flag Merchant Vessel Locator Filing System 
(USMER).
    (7) Each barge.
    (8) Each public vessel.
    (9) United States or Canadian flag vessels, except tank vessels or 
vessels carrying certain dangerous cargo,

[[Page 525]]

which operate solely on the Great Lakes.
    (d) Sections 160.207, 160.211, and 160.213 apply to each vessel upon 
the waters of the Mississippi River between its mouth and mile 235, 
Lower Mississippi River, above Head of Passes. Sections 160.207, 
160.211, and 160.213 do not apply to each vessel upon the waters of the 
Mississippi River between its sources and mile 235, above Head of 
Passes, and all the tributaries emptying thereinto and their 
tributaries, and that part of the Atchafalaya River above its junction 
with the Plaquemine-Morgan City alternate waterway, and the Red River of 
the North.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 
14078, Apr. 7, 1989; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 94-089, 
61 FR 50234, Sept. 25, 1996]



Sec. 160.203  Definitions.

    As used in this subpart:
    Agent means any person, partnership, firm, company or corporation 
engaged by the owner or charterer of a vessel to act in their behalf in 
matters concerning the vessel.
    Carried in bulk means a commodity that is loaded or carried on board 
a vessel without containers or labels and received and handled without 
mark or count.
    Certain dangerous cargo includes any of the following:
    (a) Division 1.1 or 1.2 (explosive) materials, as defined in 49 CFR 
173.50.
    (b) Oxidizing materials or blasting agents for which a permit is 
required under 49 CFR 176.415.
    (c) Highway route controlled quantity radioactive material, as 
defined in 49 CFR 173.403(1), or Fissile Class III shipments of fissile 
radioactive material, as defined in 49 CFR 173.455(a)(3).
    (d) Each cargo under Table 1 of 46 CFR Part 153 when carried in 
bulk.
    (e) Any of the following when carried in bulk:

Acetaldehyde
Ammonia, anhydrous
Butadiene
Butane
Butene
Butylene Oxide
Chlorine
Ethane
Ethylene
Ethylene Oxide
Methane
Methyl Acetylene, Propadiene Mixture, Stabilized
Methyl Bromide
Methyl Chloride
Phosphorous, elemental
Propane
Propylene
Sulfur Dioxide
Vinyl Chloride

    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnage authorities 
of a vessel's flag state in accordance with the national tonnage rules 
in force before the entry into force of the International Convention on 
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel 
measured only under Annex I of the Convention, gross tons means that 
tonnage. For a vessel measured under both systems, the higher gross 
tonnage is the tonnage used for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adversely affect 
(1) the safety of any vessel, bridge, structure, or shore area or (2) 
the environmental quality of any port, harbor, or navigable waterway of 
the United States. It may--but need not--involve collision, allision, 
fire, explosion, grounding, leaking, damage injury or illness of a 
person aboard, or manning-shortage.
    Operator means any person including, but not limited to, an owner, a 
demise- (bareboat-) charterer, or another contractor who conducts, or is 
responsible for, the operation of a vessel.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place to which a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned or demise- (bareboat-) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign

[[Page 526]]

country and that is not engaged in commercial service.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 84-039, 50 FR 
8614, Mar. 4, 1985; 50 FR 9426, Mar. 8, 1985; CGD 94-027, 59 FR 39459, 
Aug. 3, 1994; CGD 92-050, 59 FR 39966, Aug. 5, 1994; CGD 94-089, 61 FR 
50234, Sept. 25, 1996]



Sec. 160.205  Waivers.

    The Captain of the Port may waive, within that Captain of the Port's 
designated zone, any of the requirements of this subpart for any vessel 
or class of vessels upon finding that the vessel, route, area of 
operations, conditions of the voyage, or other circumstances are such 
that application of this subpart is unnecessary or impractical for 
purposes of safety, environmental protection, or national security.



Sec. 160.207  Notice of arrival: Vessels bound for ports or places in the United States.

    (a) The owner, agent, master, operator, or person in charge of a 
vessel on a voyage of 24 hours or more shall report under paragraph (c) 
of this section at least 24 hours before entering the port or place of 
destination.
    (b) The owner, agent, master, operator, or person in charge of a 
vessel on a voyage of less than 24 hours shall report under paragraph 
(c) of this section before departing the port or place of departure.
    (c) The Captain of the Port of the port or place of destination in 
the United States must be notified of:
    (1) Name of the vessel;
    (2) Country of registry of the vessel;
    (3) Call sign of the vessel;
    (4) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (5) Name of the registered owner of the vessel;
    (6) Name of the operator of the vessel;
    (7) Name of the classification society of the vessel;
    (8) Name of the port or place of departure;
    (9) Name of the port or place of destination;
    (10) Estimated date and time of arrival at this port or place; and
    (11) Name and telephone number of a 24-hour point of contact.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 
14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 91-045, 
59 FR 40189, Aug. 5, 1994; CGD 94-089, 61 FR 50234, Sept. 25, 1996]
Sec. 160.209  [Reserved]



Sec. 160.211  Notice of arrival: Vessels carrying certain dangerous cargo.

    (a) The owner, agent, master, operator, or person in charge of a 
vessel, except a barge, bound for a port or place in the United States 
and carrying certain dangerous cargo, shall notify the Captain of the 
Port of the port or place of destination at least 24 hours before 
entering that port or place of the:
    (1) Name of the vessel;
    (2) Country of registry of the vessel;
    (3) Call sign of the vessel;
    (4) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (5) Name of the registered owner of the vessel;
    (6) Name of the operator of the vessel;
    (7) Name of the classification society of the vessel;
    (8) Name of the port or place of departure;
    (9) Name of the port or place of destination;
    (10) Estimated date and time of arrival at this port or place;
    (11) Name and telephone number of a 24-hour point of contact;
    (12) Location of the vessel at the time of the report;
    (13) Name of each of the certain dangerous cargoes carried;
    (14) Amount of each of the certain dangerous cargoes carried;
    (15) Stowage location of each of the certain dangerous cargoes 
carried; and
    (16) Operational condition of the equipment under Sec. 164.35 of 
this chapter.
    (b) The owner, agent, master, operator, or person in charge of a 
barge bound for a port or place in the United States carrying certain 
dangerous

[[Page 527]]

cargo shall report the information required in paragraphs (a)(1) through 
(a)(4) and (a)(8) through (16) of this section to the Captain of the 
Port of the port or place of destination at least 4 hours before 
entering that port or place.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 
14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 94-089, 
61 FR 50234, 50235, Sept. 25, 1996]



Sec. 160.213  Notice of departure: Vessels carrying certain dangerous cargo.

    (a) The owner, agent, master, operator, or person in charge of a 
vessel, except a barge, departing from a port or place in the United 
States for any other port or place and carrying certain dangerous cargo, 
shall notify the Captain of the Port or place of departure at least 24 
hours before departing, unless this notification was made within 2 hours 
after the vessel's arrival, of the:
    (1) Name of the vessel;
    (2) Country of registry of the vessel;
    (3) Call sign of the vessel;
    (4) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (5) Name of the registered owner of the vessel;
    (6) Name of the operator of the vessel;
    (7) Name of the classification society of the vessel;
    (8) Name of the port or place of departure;
    (9) Name of the port or place of destination;
    (10) Estimated date and time of arrival at this port or place;
    (11) Name and telephone number of a 24-hour point of contact;
    (12) Name of each of the certain dangerous cargoes carried;
    (13) Amount of each of the certain dangerous cargoes carried;
    (14) Stowage location of each of the certain dangerous cargoes 
carried; and
    (15) Operational condition of the equipment under Sec. 164.35 of 
this chapter.
    (b) The owner, agent, master, operator, or person in charge of a 
barge departing from a port or place in the United States for any other 
port or place and carrying certain dangerous cargo shall report the 
information required in paragraphs (a)(1) through (a)(4) and (a)(8) 
through (15) of this section to the Captain of the Port of the port or 
place of departure at least 4 hours before departing, unless this report 
was made within 2 hours after the barge's arrival.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 
14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 94-089, 
61 FR 50235, Sept. 25, 1996]



Sec. 160.215  Notice of hazardous conditions.

    Whenever there is a hazardous condition either aboard a vessel or 
caused by a vessel or its operation, the owner, agent, master, operator, 
or person in charge shall immediately notify the nearest Coast Guard 
Marine Safety office or Group office. (Compliance with this section does 
not by itself discharge the duty of compliance with 46 CFR 4.05-10.)

[CGD 94-027, 59 FR 39460, Aug. 3, 1994]



PART 161--VESSEL TRAFFIC MANAGEMENT--Table of Contents




                   Subpart A--Vessel Traffic Services

                              General Rules

Sec.
161.1  Purpose and Intent.
161.2  Definitions.
161.3  Applicability.
161.4  Requirement to carry the rules.
161.5  Deviations from the rules.

           Services, VTS Measures, and Operating Requirements

161.10  Services.
161.11  VTS measures.
161.12  Vessel operating requirements.
161.13  VTS Special Area operating requirements.

           Subpart B--Vessel Movement Reporting System (VMRS)

161.15  Purpose and intent.
161.16  Applicability.
161.17  Definitions.
161.18  Reporting requirements.
161.19  Sailing Plan (SP).
161.20  Position Report (PR).
161.21  Sailing Plan Deviation Report (DR).
161.22  Final Report (FR).

[[Page 528]]

161.23  Reporting Exemptions.

  Subpart C--Vessel Traffic Service Areas, Cooperative Vessel Traffic 
Service Area, Vessel Traffic Service Special Areas, and Reporting Points

161.25  Vessel Traffic Service New York Area.
161.30  Vessel Traffic Service Louisville.
161.35  Vessel Traffic Service Houston/Galveston.
161.40  Vessel Traffic Service Berwick Bay.
161.45  Vessel Traffic Service St. Marys River.
161.50  Vessel Traffic Service San Francisco.
161.55  Vessel Traffic Service Puget Sound and the Cooperative Vessel 
          Traffic Service for the Juan de Fuca Region.
161.60  Vessel Traffic Service Prince William Sound.

    Authority: 33 U.S.C. 1231; 33 U.S.C. 1223; 49 CFR 1.46.

    Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise 
noted.



                   Subpart A--Vessel Traffic Services

                              General Rules



Sec. 161.1  Purpose and Intent.

    (a) The purpose of this part is to promulgate regulations 
implementing and enforcing certain sections of the Ports and Waterways 
Safety Act (PWSA) setting up a national system of Vessel Traffic 
Services that will enhance navigation, vessel safety, and marine 
environmental protection, and promote safe vessel movement by reducing 
the potential for collisions, rammings, and groundings, and the loss of 
lives and property associated with these incidents within VTS areas 
established hereunder.
    (b) Vessel Traffic Services provide the mariner with information 
related to the safe navigation of a waterway. This information, coupled 
with the mariner's compliance with the provisions set forth in this 
part, enhances the safe routing of vessels through congested waterways 
or waterways of particular hazard. Under certain circumstances, a VTS 
may issue directions to control the movement of vessels in order to 
minimize the risk of collision between vessels, or damage to property or 
the environment.
    (c) The owner, operator, charterer, master, or person directing the 
movement of a vessel remains at all times responsible for the manner in 
which the vessel is operated and maneuvered, and is responsible for the 
safe navigation of the vessel under all circumstances. Compliance with 
these rules or with a direction of the VTS is at all times contingent 
upon the exigencies of safe navigation.
    (d) Nothing in this part is intended to relieve any vessel, owner, 
operator, charterer, master, or person directing the movement of a 
vessel from the consequences of any neglect to comply with this part or 
any other applicable law or regulation (e.g., the International 
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or 
the Inland Navigation Rules) or of the neglect of any precaution which 
may be required by the ordinary practice of seamen, or by the special 
circumstances of the case.



Sec. 161.2  Definitions.

    For the purposes of this part:
    Cooperative Vessel Traffic Services (CVTS) means the system of 
vessel traffic management established and jointly operated by the United 
States and Canada within adjoining waters. In addition, CVTS facilitates 
traffic movement and anchorages, avoids jurisdictional disputes, and 
renders assistance in emergencies in adjoining United States and 
Canadian waters.
    Hazardous Vessel Operating Condition means any condition related to 
a vessel's ability to safely navigate or maneuver, and includes, but is 
not limited to:
    (1) The absence or malfunction of vessel operating equipment, such 
as propulsion machinery, steering gear, radar system, gyrocompass, depth 
sounding device, automatic radar plotting aid (ARPA), radiotelephone, 
Automatic Identification System equipment, navigational lighting, sound 
signaling devices or similar equipment.
    (2) Any condition on board the vessel likely to impair navigation, 
such as lack of current nautical charts and publications, personnel 
shortage, or similar condition.
    (3) Vessel characteristics that affect or restrict maneuverability, 
such as

[[Page 529]]

cargo arrangement, trim, loaded condition, underkeel clearance, speed, 
or similar characteristics.
    Precautionary Area means a routing measure comprising an area within 
defined limits where vessels must navigate with particular caution and 
within which the direction of traffic may be recommended.
    Towing Vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Movement Reporting System (VMRS) is a system used to manage 
and track vessel movements within a VTS area. This is accomplished by a 
vessel providing information under established procedures as set forth 
in this part, or as directed by the VTS.
    Vessel Movement Reporting System (VMRS) User means a vessel, or an 
owner, operator, charterer, master, or person directing the movement of 
a vessel, that is required to participate in a VMRS within a VTS area. 
VMRS participation is required for:
    (1) Every power-driven vessel of 40 meters (approximately 131 feet) 
or more in length, while navigating;
    (2) Every towing vessel of 8 meters (approximately 26 feet) or more 
in length, while navigating; or
    (3) Every vessel certificated to carry 50 or more passengers for 
hire, when engaged in trade.
    Vessel Traffic Center (VTC) means the shore-based facility that 
operates the vessel traffic service for the Vessel Traffic Service area 
or sector within such an area.
    Vessel Traffic Services (VTS) means a service implemented by the 
United States Coast Guard designed to improve the safety and efficiency 
of vessel traffic and to protect the environment. The VTS has the 
capability to interact with marine traffic and respond to traffic 
situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service. This area of service may be 
subdivided into sectors for the purpose of allocating responsibility to 
individual Vessel Traffic Centers or to identify different operating 
requirements.

    Note: Although regulatory jurisdiction is limited to the navigable 
waters of the United States, certain vessels will be encouraged or may 
be required, as a condition of port entry, to report beyond this area to 
facilitate traffic management within the VTS area.

    VTS Special Area means a waterway within a VTS area in which special 
operating requirements apply.
    VTS User means a vessel, or an owner, operator, charterer, master, 
or person directing the movement of a vessel, that is:
    (a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
    (b) Required to participate in a VMRS within a VTS area (VMRS User).
    VTS User's Manual means the manual established and distributed by 
the VTS to provide the mariner with a description of the services 
offered and rules in force for that VTS. Additionally, the manual may 
include chartlets showing the area and sector boundaries, general 
navigational information about the area, and procedures, radio 
frequencies, reporting provisions and other information which may assist 
the mariner while in the VTS area.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR 
33364, June 19, 1997]



Sec. 161.3  Applicability.

    The provisions of this subpart shall apply to each VTS User and may 
also apply to any vessel while underway or at anchor on the navigable 
waters of the United States within a VTS area, to the extent the VTS 
considers necessary.



Sec. 161.4  Requirement to carry the rules.

    Each VTS User shall carry on board and maintain for ready reference 
a copy of these rules.

    Note: These rules are contained in the applicable U.S. Coast Pilot, 
the VTS User's Manual which may be obtained by contacting the 
appropriate VTS, and periodically published in the Local Notice to 
Mariners. The VTS User's Manual and the World VTS Guide, an 
International Maritime Organization (IMO) recognized publication, 
contain additional information which may assist the prudent mariner 
while in the appropriate VTS area.

[[Page 530]]



Sec. 161.5  Deviations from the rules.

    (a) Requests to deviate from any provision in this part, either for 
an extended period of time or if anticipated before the start of a 
transit, must be submitted in writing to the appropriate District 
Commander. Upon receipt of the written request, the District Commander 
may authorize a deviation if it is determined that such a deviation 
provides a level of safety equivalent to that provided by the required 
measure or is a maneuver considered necessary for safe navigation under 
the circumstances. An application for an authorized deviation must state 
the need and fully describe the proposed alternative to the required 
measure.
    (b) Requests to deviate from any provision in this part due to 
circumstances that develop during a transit or immediately preceeding a 
transit, may be made verbally to the appropriate VTS Commanding Officer. 
Requests to deviate shall be made as far in advance as practicable. Upon 
receipt of the request, the VTS Commanding Officer may authorize a 
deviation if it is determined that, based on vessel handling 
characteristics, traffic density, radar contacts, environmental 
conditions and other relevant information, such a deviation provides a 
level of safety equivalent to that provided by the required measure or 
is a maneuver considered necessary for safe navigation under the 
circumstances.

           Services, VTS Measures, and Operating Requirements



Sec. 161.10  Services.

    To enhance navigation and vessel safety, and to protect the marine 
environment, a VTS may issue advisories, or respond to vessel requests 
for information, on reported conditions within the VTS area, such as:
    (a) Hazardous conditions or circumstances;
    (b) Vessel congestion;
    (c) Traffic density;
    (d) Environmental conditions;
    (e) Aids to navigation status;
    (f) Anticipated vessel encounters;
    (g) Another vessel's name, type, position, hazardous vessel 
operating conditions, if applicable, and intended navigation movements, 
as reported;
    (h) Temporary measures in effect;
    (i) A description of local harbor operations and conditions, such as 
ferry routes, dredging, and so forth;
    (j) Anchorage availability; or
    (k) Other information or special circumstances.



Sec. 161.11  VTS measures.

    (a) A VTS may issue measures or directions to enhance navigation and 
vessel safety and to protect the marine environment, such as, but not 
limited to:
    (1) Designating temporary reporting points and procedures;
    (2) Imposing vessel operating requirements; or
    (3) Establishing vessel traffic routing schemes.
    (b) During conditions of vessel congestion, restricted visibility, 
adverse weather, or other hazardous circumstances, a VTS may control, 
supervise, or otherwise manage traffic, by specifying times of entry, 
movement, or departure to, from, or within a VTS area.



Sec. 161.12  Vessel operating requirements.

    (a) Subject to the exigencies of safe navigation, a VTS User shall 
comply with all measures established or directions issued by a VTS.
    (1) If, in a specific circumstance, a VTS User is unable to safely 
comply with a measure or direction issued by the VTS, the VTS User may 
deviate only to the extent necessary to avoid endangering persons, 
property or the environment. The deviation shall be reported to the VTS 
as soon as is practicable.
    (b) When not exchanging communications, a VTS User must maintain a 
listening watch as required by Sec. 26.04(e) of this chapter on the VTS 
frequency designated in Table 161.12(b) (VTS Call Signs, Designated 
Frequencies, and Monitoring Areas). In addition, the VTS User must 
respond promptly when hailed and communicate in the English language.

    Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 
(156.800 MHz) is not required on vessels subject to the Vessel Bridge-
to-Bridge Radiotelephone Act and participating in a Vessel Traffic 
Service

[[Page 531]]

(VTS) system when the watch is maintained on both the vessel bridge-to-
bridge frequency and a designated VTS frequency.

[[Page 532]]



    Table 161.12(b).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas    
----------------------------------------------------------------------------------------------------------------
  Vessel traffic services call      Designated1 frequency (channel                                              
              sign                           designation)                           Monitoring area             
----------------------------------------------------------------------------------------------------------------
New York 2                                                                                                      
    New York Traffic 3.........  156.550 MHz (Ch. 11) and...........  The navigable waters of the Lower New York
                                 156.700 MHz (Ch. 14)...............   Harbor bounded on the east by a line     
                                                                       drawn from Norton Point to Breezy Point; 
                                                                       on the south by a line connecting the    
                                                                       entrance buoys at the Ambrose Channel,   
                                                                       Swash Channel and Sandy Hook Channel to  
                                                                       Sandy Hook Point; and on the southeast   
                                                                       including the waters of the Sandy Hook   
                                                                       Bay south to a line drawn at latitude 40 
                                                                       deg.25'N.; then west into waters of the  
                                                                       Raritan Bay to the Raritan River Rail    
                                                                       Road Bridge; and then north including the
                                                                       waters of the Arthur Kill and Newark Bay 
                                                                       to the Lehigh Valley Draw Bridge at      
                                                                       latitude 40 deg.41.95'N.; and then east  
                                                                       including the waters of the Kill Van Kull
                                                                       and Upper New York Bay north to a line   
                                                                       drawn east-west from the Holland Tunnel  
                                                                       Ventilator Shaft at latitude 40          
                                                                       deg.43.7'N.; longitude 74 deg.01.6'W. in 
                                                                       the Hudson River; and continuing east    
                                                                       including the waters of the East River to
                                                                       the Throgs Neck Bridge, excluding the    
                                                                       Harlem River.                            
                                 156.600 MHz (Ch. 12)...............  Each vessel at anchor within the above    
                                                                       areas.                                   
Houston 2                                                             The navigable waters north of 29 deg.N.,  
                                                                       west of 94 deg.20'W., south of 29        
                                                                       deg.49'N., and east of 95 deg.20'W.      
    Houston Traffic............  156.550 MHz (Ch. 11)...............  The navigable waters north of a line      
                                                                       extending due west from the southern most
                                                                       end of Exxon Dock #1 (29 deg.43.37'N., 95
                                                                       deg.01.27'W.).                           
                                 156.600 MHz (Ch. 12)...............  The navigable waters south of a line      
                                                                       extending due west from the southern most
                                                                       end of Exxon Dock #1 (29 deg.43.37'N., 95
                                                                       deg.01.27'W.).                           
Berwick Bay                                                                                                     
    Berwick Traffic............  156.550 MHz (Ch. 11)...............  The navigable waters south of 29          
                                                                       deg.45'N., west of 91 deg.10'W., north of
                                                                       29 deg.37'N., and east of 91 deg.18'W.   
St. Marys River                                                                                                 
    Soo Control................  156.600 MHz (Ch. 12)...............  The navigable waters of the St. Marys     
                                                                       River between 45 deg.57'N. (De Tour Reef 
                                                                       Light) and 46 deg.38.7'N. (Ile Parisienne
                                                                       Light), except the St. Marys Falls Canal 
                                                                       and those navigable waters east of a line
                                                                       from 46 deg.04.16'N. and 46 deg.01.57'N. 
                                                                       (LaPointe to Sims Point in Potagannissing
                                                                       Bay and Worsley Bay).                    
San Francisco 2                                                                                                 
    San Francisco Offshore       156.600 MHz (Ch. 12)...............  The waters within a 38 nautical mile      
     Vessel Movement.                                                  radius of Mount Tamalpais (37            
                                                                       deg.55.8'N., 122 deg.34.6'W.) excluding  
                                                                       the San Francisco Offshore Precautionary 
                                                                       Area.                                    
    Reporting Service San        156.700 MHz (Ch. 14)...............  The waters of the San Francisco Offshore  
     Francisco Traffic.                                                Precautionary Area eastward to San       
                                                                       Francisco Bay including its tributaries  
                                                                       extending to the ports of Stockton,      
                                                                       Sacramento and Redwood City.             
Puget Sound 4                                                                                                   
    Seattle Traffic 5..........  156.700 MHz (Ch. 14)...............  The navigable waters of Puget Sound, Hood 
                                                                       Canal and adjacent waters south of a line
                                                                       connecting Marrowstone Point and Lagoon  
                                                                       Point in Admiralty Inlet and south of a  
                                                                       line drawn due east from the southernmost
                                                                       tip of Possession Point on Whidbey Island
                                                                       to the shoreline.                        
                                 156.250 MHz (Ch. 5A)...............  The navigable waters of the Strait of Juan
                                                                       de Fuca east of 124 deg.40'W. excluding  
                                                                       the waters in the central portion of the 
                                                                       Strait of Juan de Fuca north and east of 
                                                                       Race Rocks; the navigable waters of the  
                                                                       Strait of Georgia east of 122 deg.52'W.; 
                                                                       the San Juan Island Archipelago, Rosario 
                                                                       Strait, Bellingham Bay; Admiralty of Juan
                                                                       de Fuca north and east of Race Rocks; the
                                                                       navigable waters of the Strait of Georgia
                                                                       east of 122 deg.52'W.; the San Juan      
                                                                       Island Archipelago, Rosario Strait,      
                                                                       Bellingham Bay; Admiralty Inlet north of 
                                                                       a line connecting Marrowstone Point and  
                                                                       Lagoon Point and all waters east of      
                                                                       Whidbey Island north of a line drawn due 
                                                                       east from the southernmost tip of        
                                                                       Possession Point on Whidbey Island to the
                                                                       shoreline.                               
    Tofino Traffic 6...........  156.725 MHz (Ch. 74)...............  The waters west of 124 deg.40'W. within 50
                                                                       nautical miles of the coast of Vancouver 
                                                                       Island including the waters north of 48  
                                                                       deg.N., and east of 127 deg.W.           

[[Page 533]]

                                                                                                                
    Vancouver Traffic..........  156.550 MHz (Ch. 11)...............  The navigable waters of the Strait of     
                                                                       Georgia west of 122 deg.52'W., the       
                                                                       navigable waters of the central Strait of
                                                                       Juan de Fuca north and east of Race      
                                                                       Rocks, including the Gulf Island         
                                                                       Archipelago, Boundary Pass and Haro      
                                                                       Strait.                                  
Prince William Sound 7                                                                                          
    Valdez Traffic.............  156.650 MHz (Ch. 13)...............  The navigable waters south of 61          
                                                                       deg.05'N., east of 147 deg.20'W., north  
                                                                       of 60 deg.N., and west of 146 deg.30'W.; 
                                                                       and, all navigable waters in Port Valdez.
Louisville 7                                                                                                    
    Louisville Traffic.........  156.650 MHz (Ch. 13)...............  The navigable waters of the Ohio River    
                                                                       between McAlpine Locks (Mile 606) and    
                                                                       Twelve Mile Island (Mile 593), only when 
                                                                       the McAlpine upper pool gauge is at      
                                                                       approximately 13.0 feet or above.        
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
                                                                                                                
1 In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion 
  on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-
  bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as 
  an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that      
  provided by other means.                                                                                      
2 Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. 
  navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged 
  to monitor the designated frequency.                                                                          
3 VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550 MHz).
  All other reports, including the Final Report, shall be made on Channel 14 (156.700 MHz). VMRS and other VTS  
  Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area. New York Traffic may direct a     
  vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or 
  other safety factors. This does not require a vessel to monitor both primary frequencies.                     
4 A Cooperative Vessel Traffic Service was established by the Untied States and Canada within adjoining waters. 
  The appropriate vessel traffic Center administers the rules issued by both nations; however, it will enforce  
  only its own set of rules within its jurisdiction.                                                            
5 Seattle traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz     
  (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than     
  strictly adhering to the designated frequency required for each monitoring area as defined above. This does   
  not require a vessel to monitor both primary frequencies.                                                     
6 A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency       
  monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are     
  encouraged to monitor the designated frequency.                                                               
7 The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level
  of radiotelephone transmissions does not warrant a designated VTS frequency. The listening watch required by  
  26.05 of this chapter is not limited to the monitoring area.                                                  


[[Page 534]]

    (c) As soon as is practicable, a VTS User shall notify the VTS of 
any of the following:
    (1) A marine casualty as defined in 46 CFR 4.05-1;
    (2) Involvement in the ramming of a fixed or floating object;
    (3) A pollution incident as defined in Sec. 151.15 of this chapter;
    (4) A defect or discrepancy in an aid to navigation;
    (5) A hazardous condition as defined in Sec. 160.203 of this 
chapter;
    (6) Improper operation of vessel equipment required by Part 164 of 
this chapter;
    (7) A situation involving hazardous materials for which a report is 
required by 49 CFR 176.48; and
    (8) A hazardous vessel operating condition as defined in Sec. 161.2.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995; CGD 92-052, 61 FR 45326, Aug. 29, 1996]



Sec. 161.13  VTS Special Area Operating Requirements.

    The following operating requirements apply within a VTS Special 
Area:
    (a) A VTS User shall, if towing astern, do so with as short a hawser 
as safety and good seamanship permits.
    (b) A VMRS User shall: (1) Not enter or get underway in the area 
without prior approval of the VTS;
    (2) Not enter a VTS Special Area if a hazardous vessel operating 
condition or circumstance exists;
    (3) Not meet, cross, or overtake any other VMRS User in the area 
without prior approval of the VTS; and
    (4) Before meeting, crossing, or overtaking any other VMRS User in 
the area, communicate on the designated vessel bridge-to-bridge 
radiotelephone frequency, intended navigation movements, and any other 
information necessary in order to make safe passing arrangements. This 
requirement does not relieve a vessel of any duty prescribed by the 
International Regulations for Prevention of Collisions at Sea, 1972 (72 
COLREGS) or the Inland Navigation Rules.



               Subpart B--Vessel Movement Reporting System



Sec. 161.15  Purpose and intent.

    (a) A Vessel Movement Reporting System (VMRS) is a system used to 
manage and track vessel movements within a VTS area. This is 
accomplished by requiring that vessels provide information under 
established procedures as set forth in this part, or as directed by the 
VTS.
    (b) To avoid imposing an undue reporting burden or unduly congesting 
radiotelephone frequencies, reports shall be limited to information 
which is essential to achieve the objectives of the VMRS. These reports 
are consolidated into four reports (sailing plan, position, sailing plan 
deviation and final).



Sec. 161.16  Applicability.

    The provisions of this subpart shall apply to the following VMRS 
Users:
    (a) Every power-driven vessel of 40 meters (approximately 131 feet) 
or more in length, while navigating;
    (b) Every towing vessel of 8 meters (approximately 26 feet) or more 
in length, while navigating; or
    (c) Every vessel certificated to carry 50 or more passengers for 
hire, when engaged in trade.



Sec. 161.17  Definitions.

    As used in this subpart: Published means available in a widely-
distributed and publicly available medium (e.g., VTS User's Manual, 
ferry schedule, Notice to Mariners).



Sec. 161.18  Reporting requirements.

    (a) A VTS may: (1) Direct a vessel to provide any of the information 
set forth in Table 161.18(a) (IMO Standard Ship Reporting System);

                            Table 161.18(a).--The IMO Standard Ship Reporting System                            
                                                                                                                
                                                                                                                
A................  ALPHA             Ship...................  Name, call sign or ship                           
                                                               station identity, and                            
                                                               flag.                                            

[[Page 535]]

                                                                                                                
B................  BRAVO             Dates and time of event  A 6 digit group giving                            
                                                               day of month (first                              
                                                               two digits), hours and                           
                                                               minutes (last four                               
                                                               digits). If other than                           
                                                               UTC state time zone                              
                                                               used.                                            
C................  CHARLIE           Position...............  A 4 digit group giving                            
                                                               latitude in degrees                              
                                                               and minutes suffixed                             
                                                               with N (north) or S                              
                                                               (south) and a 5 digit                            
                                                               group giving longitude                           
                                                               in degrees and minutes                           
                                                               suffixed with E (east)                           
                                                               or W (west); or.                                 
D................  DELTA             Position...............  True bearing (first 3                             
                                                               digits) and distance                             
                                                               (state distance) in                              
                                                               nautical miles from a                            
                                                               clearly identified                               
                                                               landmark (state                                  
                                                               landmark).                                       
E................  ECHO              True course............  A 3 digit group.                                  
F................  FOXTROT           Speed in knots and       A 3 digit group.                                  
                                      tenths of knots.                                                          
G................  GOLF              Port of Departure......  Name of last port of                              
                                                               call.                                            
H................  HOTEL             Date, time and point of  Entry time expressed as                           
                                      entry system.            in (B) and into the                              
                                                               entry position                                   
                                                               expressed as in (C) or                           
                                                               (D).                                             
I................  INDIA             Destination and          Name of port and date                             
                                      expected time of         time group expressed                             
                                      arrival.                 as in (B).                                       
J................  JULIET            Pilot..................  State whether a deep                              
                                                               sea or local pilot is                            
                                                               on board.                                        
K................  KILO              Date, time and point of  Exit time expressed as                            
                                      exit from system.        in (B) and exit                                  
                                                               position expressed as                            
                                                               in (C) or (D).                                   
L................  LIMA              Route information......  Intended track.                                   
M................  MIKE              Radio..................  State in full names of                            
                                                               communications                                   
                                                               stations/frequencies                             
                                                               guarded.                                         
N................  NOVEMBER          Time of next report....  Date time group                                   
                                                               expressed as in (B).                             
O................  OSCAR             Maximum present static   4 digit group giving                              
                                      draught in meters.       meters and                                       
                                                               centimeters.                                     
P................  PAPA              Cargo on board.........  Cargo and brief details                           
                                                               of any dangerous                                 
                                                               cargoes as well as                               
                                                               harmful substances and                           
                                                               gases that could                                 
                                                               endanger persons or                              
                                                               the environment.                                 
Q................  QUEBEC            Defects, damage,         Brief detail of                                   
                                      deficiencies or          defects, damage,                                 
                                      limitations.             deficiencies or other                            
                                                               limitations.                                     
R................  ROMEO             Description of           Brief details of type                             
                                      pollution or dangerous   of pollution (oil,                               
                                      goods lost.              chemicals, etc) or                               
                                                               dangerous goods lost                             
                                                               overboard; position                              
                                                               expressed as in (C) or                           
                                                               (D).                                             
S................  SIERRA            Weather conditions.....  Brief details of                                  
                                                               weather and sea                                  
                                                               conditions prevailing.                           
T................  TANGO             Ship's representative    Details of name and                               
                                      and/or owner.            particulars of ship's                            
                                                               representative and/or                            
                                                               owner for provision of                           
                                                               information.                                     
U................  UNIFORM           Ship size and type.....  Details of length,                                
                                                               breadth, tonnage, and                            
                                                               type, etc., as                                   
                                                               required.                                        
V................  VICTOR            Medical personnel......  Doctor, physician's                               
                                                               assistant, nurse, no                             
                                                               medic.                                           
W................  WHISKEY           Total number of persons  State number.                                     
                                      on board.                                                                 
X................  XRAY              Miscellaneous..........  Any other information                             
                                                               as appropriate. [i.e.,                           
                                                               a detailed description                           
                                                               of a planned                                     
                                                               operation, which may                             
                                                               include: its duration;                           
                                                               effective area; any                              
                                                               restrictions to                                  
                                                               navigation;                                      
                                                               notification                                     
                                                               procedures for                                   
                                                               approaching vessels;                             
                                                               in addition, for a                               
                                                               towing operation:                                
                                                               configuration, length                            
                                                               of the tow, available                            
                                                               horsepower, etc.; for                            
                                                               a dredge or floating                             
                                                               plant: configuration                             
                                                               of pipeline, mooring                             
                                                               configuration, number                            
                                                               of assist vessels,                               
                                                               etc.].                                           


[[Page 536]]

    (2) Establish other means of reporting for those vessels unable to 
report on the designated frequency; or
    (3) Require reports from a vessel in sufficient time to allow 
advance vessel traffic planning.
    (b) All reports required by this part shall be made as soon as is 
practicable on the frequency designated in Table 161.12(b) (VTS Call 
Signs, Designated Frequencies, and Monitoring Areas).
    (c) When not exchanging communications, a VMRS User must maintain a 
listening watch as described in Sec. 26.04(e) of this chapter on the 
frequency designated in Table 161.12(b) (VTS Call Signs, Designated 
Frequencies, and Monitoring Areas). In addition, the VMRS User must 
respond promptly when hailed and communicate in the English language.

    Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 
(156.800 MHz) is not required on vessels subject to the Vessel Bridge-
to-Bridge Radiotelephone Act and participating in a Vessel Traffic 
Service (VTS) system when the watch is maintained on both the vessel 
bridge-to-bridge frequency and a designated VTS frequency.

    (d) When reports required by this part include time information, 
such information shall be given using the local time zone in effect and 
the 24-hour military clock system.



Sec. 161.19  Sailing Plan (SP).

    Unless otherwise stated, at least 15 minutes before navigating a VTS 
area, a vessel must report the:
    (a) Vessel name and type;
    (b) Position;
    (c) Destination and ETA;
    (d) Intended route;
    (e) Time and point of entry; and
    (f) Dangerous cargo on board or in its tow, as defined in 
Sec. 160.203 of this chapter, and other required information as set out 
in Sec. 160.211 and Sec. 160.213 of this chapter, if applicable.



Sec. 161.20  Position Report (PR).

    A vessel must report its name and position:
    (a) Upon point of entry into a VTS area;
    (b) At designated reporting points as set forth in subpart C; or
    (c) When directed by the VTC.

    Note: Notice of temporary reporting points, if established, may be 
published via Local Notices to Mariners, general broadcast or the VTS 
User's Manual.



Sec. 161.21  Sailing Plan Deviation Report (DR).

    A vessel must report:
    (a) When its ETA to a destination varies significantly from a 
previously reported ETA;
    (b) Any intention to deviate from a VTS issued measure or vessel 
traffic routing system; or
    (c) Any significant deviation from previously reported information.



Sec. 161.22  Final Report (FR).

    A vessel must report its name and position:
    (a) On arrival at its destination; or
    (b) When leaving a VTS area.



Sec. 161.23  Reporting exemptions.

    (a) Unless otherwise directed, the following vessels are exempted 
from providing Position and Final Reports due to the nature of their 
operation:
    (1) Vessels on a published schedule and route;
    (2) Vessels operating within an area of a radius of three nautical 
miles or less; or
    (3) Vessels escorting another vessel or assisting another vessel in 
maneuvering procedures.
    (b) A vessel described in paragraph (a) of this section must:
    (1) Provide a Sailing Plan at least 5 minutes but not more than 15 
minutes before navigating within the VTS area; and
    (2) If it departs from its promulgated schedule by more than 15 
minutes or changes its limited operating area, make the established VMRS 
reports, or report as directed.
    (c) In those VTS areas capable of receiving automated position 
reports from Automatic Identification System Shipborne Equipment (AISSE) 
as required by Sec. 164.43 of this chapter and where AISSE is required, 
vessels equipped with an operating AISSE are not required to make voice 
radio position reports at designated reporting points as required by 
Sec. 161.20(b) of this part, unless otherwise directed by the VTC.

[[Page 537]]

    (1) Whenever an AISSE becomes non-operational as defined in 
Sec. 164.43(c) of this chapter, before entering or while underway in a 
VTS area, a vessel must:
    (i) Notify the VTC;
    (ii) Make voice radio position reports at designated reporting 
points as required by Sec. 161.20(b) of this part;
    (iii) Make other voice radio reports as directed; and
    (iv) Restore the AISSE to operating condition as soon as possible.
    (2) Whenever an AISSE becomes non-operational due to a loss of 
position correction information (i.e., the U.S. Coast Guard differential 
global positioning system (dGPS) cannot provide the required error 
correction messages) a vessel must:
    (i) Make required voice radio position reports at designated 
reporting points required by Sec. 161.20(b) of this part; and
    (ii) Make other voice radio reports as directed.

    Note: Regulations pertaining to AISSE required capabilities are set 
forth in Sec. 164.43 of this chapter.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997]



  Subpart C--Vessel Traffic Service Areas, Cooperative Vessel Traffic 
Service Area, Vessel Traffic Service Special Areas and Reporting Points.

    Note: All geographic coordinates contained in part 161 (latitude and 
longitude) are expressed in North American Datum of 1983 (NAD 83).



Sec. 161.25  Vessel Traffic Service New York Area.

    The area consists of the navigable waters of the Lower New York 
Harbor bounded on the east by a line drawn from Norton Point to Breezy 
Point; on the south by a line connecting the entrance buoys at the 
Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook 
Point; and on the southeast including the waters of Sandy Hook Bay south 
to a line drawn at latitude 40 deg.25'N.; then west into waters of the 
Raritan Bay to the Raritan River Rail Road Bridge; and then north 
including the waters of the Arthur Kill and Newark Bay to the Lehigh 
Valley Draw Bridge at latitude 40 deg.41.9'N.; and then east including 
the waters of the Kill Van Kull and Upper New York Bay north to a line 
drawn east-west from the Holland Tunnel Ventilator Shaft at latitude 
40 deg.43.7'N., longitude 74 deg.01.6'W. in the Hudson River; and then 
continuing east including the waters of the East River to the Throgs 
Neck Bridge, excluding the Harlem River.

    Note: Although mandatory participation in VTSNY is limited to the 
area within the navigable waters of the United States, VTSNY will 
provide services beyond those waters. Prospective users are encouraged 
to report beyond the area of required participation in order to 
facilitate advance vessel traffic management in the VTS area and to 
receive VTSNY advisories and/or assistance.

[CGD 92-052, 61 FR 45327, Aug. 29, 1996]



Sec. 161.30  Vessel Traffic Service Louisville.

    The VTS area consists of the navigable waters of the Ohio River 
between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), 
only when the McAlpine upper pool gauge is at 13.0 feet or above.



Sec. 161.35  Vessel Traffic Service Houston/Galveston.

    (a) The VTS area consists of the following major waterways and 
portions of connecting waterways: Galveston Bay Entrance Channel; Outer 
Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston 
Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 
352; Texas City Channel; Texas City Turning Basin; Texas City Canal 
Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport 
Channel; Bayport Turning Basin; Houston Turning Basin; and the following 
precautionary areas associated with these waterways.
    (b) Precautionary Areas.

       Table 161.35(b)--VTS Houston/Galveston Precautionary Areas       
------------------------------------------------------------------------
                                                    Center point        
   Precautionary area name       Radius   ------------------------------
                                 (yds.)       Latitude       Longitude  
------------------------------------------------------------------------
Bolivar Roads................       4000   29 deg.20.9'N   94 deg.47.0'W
Red Fish Bar.................       4000   29 deg.29.8'N   94 deg.51.9'W
Bayport Channel..............       4000   29 deg.36.7'N   94 deg.57.2'W
Morgans Point................       2000   29 deg.41.0'N   94 deg.59.0'W

[[Page 538]]

                                                                        
Upper San Jacinto Bay........       1000   29 deg.42.3'N   95 deg.01.1'W
Baytown......................       1000   29 deg.43.6'N   95 deg.01.4'W
Lynchburg....................       1000   29 deg.45.8'N   95 deg.04.8'W
Carpenters Bayou.............       1000   29 deg.45.3'N   95 deg.05.6'W
Jacintoport..................       1000   29 deg.44.8'N   95 deg.06.0'W
Greens Bayou.................       1000   29 deg.44.8'N   95 deg.10.2'W
Hunting Bayou................       1000   29 deg.44.3'N   95 deg.12.1'W
Sims Bayou...................       1000   29 deg.43.1'N   95 deg.14.4'W
Brady Island.................       1000   29 deg.43.5'N   95 deg.16.4' 
                                                            W           
Buffalo Bayou................       1000   29 deg.45.0'N   95 deg.17.3'W
------------------------------------------------------------------------
Note: Each Precautionary Area encompasses a circular area of the radius 
  denoted.                                                              


    (c) Reporting Points.

[[Page 539]]



                             Table 161.35(c)--VTS Houston/Galveston Reporting Points                            
----------------------------------------------------------------------------------------------------------------
    Designator          Geographic name      Geographic description    Latitude/longitude           Notes       
----------------------------------------------------------------------------------------------------------------
1.................  Galveston Bay Entrance   Galveston Bay Entrance  29 deg.18.4'N; 94       ...................
                     Channel.                 CH Lighted Buoy (LB)    deg.37.6'W.                               
                                              ``GB''.                                                           
2.................  Galveston Bay Entrance   Galveston Bay Entrance  29 deg.20.6'N; 94       ...................
                     Channel.                 Channel LB 11 and 12.   deg.44.6'W.                               
E.................  Bolivar Land Cut.......  Mile 349 Intracoastal   29 deg.22.5'N; 94       Tows entering HSC  
                                              Waterway (ICW).         deg.46.9' W.            also report at HSC
                                                                                              LB 25 & 26.       
W.................  Pelican Cut............  Mile 351 ICW..........  29 deg.21.4'N; 94       Tow entering HSC   
                                                                      deg.48.5' W.            also report at HSC
                                                                                              LB 25 & 26.       
GCG...............  Galveston Harbor.......  USCG Base. At the       29 deg.20.0'N; 94       ...................
                                              entrance to Galveston   deg.46.5'W.                               
                                              Harbor.                                                           
T.................  Texas City Channel.....  Texas City Channel LB   29 deg.22.4'N; 94       ...................
                                              12.                     deg.50.9'W.                               
X.................  Houston Ship Channel     Houston Ship Channel    29 deg.22.1'N; 94       Tow entering HSC   
                     ICW Intersection.        (HSC) LB 25 and 26.     deg.48.1'W..            from ICW or Texas 
                                                                                              Cut Only.         
3.................  Lower Galveston Bay....  HSC LB 31 and 32......  29 deg.23.5'N; 94       ...................
                                                                      deg.48.8'W.                               
4.................  Red Fish Bar...........  HSC Lt. 53A & 54A.....  29 deg.30.3'N; 94       ...................
                                                                      deg.52.4'W.                               
P.................  Bayport Ship Channel...  Bayport Ship Channel    29 deg.36.8'N; 94       Report at the North
                                              Lt. 7 and 8.            deg.59.5' W;.           Land Cut.         
4A................  Upper Galveston Bay....  HSC Buoys 69 and 70...  29 deg.34.7'N; 94       Tows only.         
                                                                      deg.55.8' W.                              
5.................  Morgan's Point.........  Barbour's Cut.........  29 deg.41.0'N; 94       Abeam Barbours Cut.
                                                                      deg.58.9'W..                              
6.................  Exxon..................  Baytown Bend..........  29 deg.43.5'N; 95       ...................
                                                                      deg.01.4'W.                               
7.................  Lynchburg..............  Ferry crossing........  29 deg.45.8'N; 95       ...................
                                                                      deg.04.8'W.                               
8.................  Shell Oil..............  Boggy Bayou...........  29 deg.44.1'N; 95       ...................
                                                                      deg.08.0'W.                               
9.................  Greens Bayou...........  Greens Bayou..........  29 deg.44.8'N; 95       ...................
                                                                      deg.10.1'W.                               
10................  Hess Turning Basin.....  Hunting Bayou Turning   29 deg.44.3'N;95 deg.1                     
                                              Basin.                  2.1'W.                                    
11................  Lyondell Turning Basin.  Sims Bayou Turning      29 deg.43.2'N; 95                          
                                              Basin.                  deg.14.4'W.                               
12................  I-610 Bridge...........  I-610 Bridge..........  29 deg.43.5'N; 95                          
                                                                      deg.16.0'W.                               
13................  Houston Turning Basin..  Buffalo Bayou.........  29 deg.45.0'N; 95                          
                                                                      deg.17.4'W.                               
----------------------------------------------------------------------------------------------------------------



                                                                                                                                                        
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28331, May 31, 1995]                                                           
                                                                                                                                                        


[[Page 540]]



Sec. 161.40  Vessel Traffic Service Berwick Bay.

    (a) The VTS area consists of the navigable waters of the following 
segments of waterways: the Intracoastal Waterway (ICW) Morgan City to 
Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW 
from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL; 
the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; 
from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute 
mile along Bayou Shaffer; and from Berwick Lock northwest one statute 
mile along the Lower Atchafalaya River.
    (b) VTS Special Area. The Berwick Bay VTS Special Area consists of 
those waters within a 1000 yard radius of the Southern Pacific Railroad 
Bridge located at Mile .03 MC/PA.
    (c) Reporting Points.

                                Table 161.40(c)--VTS Berwick Bay Reporting Points                               
----------------------------------------------------------------------------------------------------------------
                                                          Geographic                                            
           Designator               Geographic name       description     Latitude/longitude         Notes      
----------------------------------------------------------------------------------------------------------------
1...............................  Stouts Pass.......  Stouts Point Light  29-43'47'' N        ..................
                                                       ``1'' Mile 113-    91-13'25'' W                          
                                                       Atchafalaya River.                                       
2...............................  Berwick Lock......  Mile 1.9 MC/PA....  29-43'10'' N        If transiting the 
                                                                          91-13'28'' W         Lock.            
3...............................  Conrad's Point      Buoy ``1'' Mile     29-42'32'' N        ..................
                                   Junction.           1.5 MC/PA.         91-13'14'' W                          
4...............................  Swift Ships Flat    Mile 3 MC/PA......  29-43'26'' N        ..................
                                   Lake Junction.                         91-12'22'' W                          
5...............................  South Pacific       Mile 0.3 MC/PA....  29-41'34'' N        ..................
                                   Railroad Bridge.                       91-12'44'' W                          
6...............................  20 Grant Point      Bayou Boeuf-        29-41'18'' N        ..................
                                   Junction.           Atchafalaya R.     91-12'36'' W                          
                                                       Mile 95.5 ICW.                                           
7...............................  ICW...............  Overhead Power      29-40'43'' N        ..................
                                                       Cable Mile 96.5    91-13'18'' W                          
                                                       ICW.                                                     
8...............................  Wax Bayou Junction  Light ``A'' Mile    29-39'29'' N        ..................
                                                       98.2W ICW.         91-14'46'' W                          
9...............................  Shaffer Junction..  ICW-Bayou Shaffer   29-41'10'' N        ..................
                                                       Mile 94.5 ICW.     91-11'38'' W                          
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995]



Sec. 161.45  Vessel Traffic Service St. Marys River.

    (a) The VTS area consists of the navigable waters of the St. Marys 
River and lower Whitefish Bay from 45-57' N. (De Tour Reef Light) to the 
south, to 46-38.7' N. (Ile Parisienne Light) to the north, except the 
waters of the St. Marys Falls Canal, and to the east along a line from 
La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay.
    (b) Reporting Points.

[[Page 541]]



                                                  Table 161.45(b)--VTS St. Marys River Reporting Points                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Designator                     Geographic name           Geographic description         Latitude/longitude                 Notes           
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...................................  Ile Parisienne.............  Ile Parisienne Light.......  46 deg.37.3'N; 84 deg.45.9'  Downbound Only.            
                                                                                                 W.                                                     
2...................................  Gros Cap Reef..............  Gros Cap Reefs Light.......  46 deg.30.6'N; 84 deg.37.1'  Upbound Only.              
                                                                                                 W.                                                     
3...................................  Round Island...............  Round Island Light 32......  46 deg.26.9'N; 84                                       
                                                                                                 deg.31.7'W.                                            
4...................................  Pointe Louise..............  Pointe Louise Light........  46 deg.27.8'N; 84                                       
                                                                                                 deg.28.2'W.                                            
5*..................................  West End of Locks..........  West Center Pierhead Light.  46 deg.30.2'N; 84 deg.22.2'  Upbound Only.              
                                                                                                 W.                                                     
6...................................  East End of Locks..........  East Center Pierhead Light.  46 deg.30.1'N; 84 deg.20.3'  Downbound Only.            
                                                                                                 W.                                                     
7...................................  Mission Point..............  Light 99...................  46 deg.29.2'N; 84                                       
                                                                                                 deg.18.1'W.                                            
8...................................  Six Mile Point.............  Six Mile Point.............  46 deg.26.1'N; 84                                       
                                                                                                 deg.15.4'W.                                            
9...................................  Ninemile Point.............  Light 80...................  46 deg.23.5'N; 84                                       
                                                                                                 deg.14.1'W.                                            
10..................................  West Neebish Channel.......  Light 29...................  46 deg.16.9'N; 84 deg.12.5'  Downbound Only.            
                                                                                                 W.                                                     
11..................................  Munuscong Lake Junction....  Lighted Junction Buoy......  46 deg.10.8'N; 84                                       
                                                                                                 deg.05.6'W.                                            
12..................................  De Tour Reef...............  De Tour Reef Light.........  46 deg.56.9'N; 83                                       
                                                                                                 deg.53.7'W.                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------



                                                                                                                                                        
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995]                                                           
                                                                                                                                                        


[[Page 542]]



Sec. 161.50  Vessel Traffic Service San Francisco.

     The VTS area consists of all the navigable waters of San Francisco 
Bay Region south of the Mare Island Causeway Bridge and the Petaluma 
River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel 
Light 20 and north of the Dumbarton Bridge; its seaward approaches 
within a 38 nautical mile radius of Mount Tamalpais (37-55.8' N., 122-
34.6' W.); and its navigable tributaries as far east as the port of 
Stockton on the San Joaquin River, as far north as the port of 
Sacramento on the Sacramento River.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995]



Sec. 161.55  Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region.

    The Vessel Traffic Service Puget Sound area consists of the 
navigable waters of the United States bounded by a line drawn from the 
Washington State coastline at 48-23'08'' N., 124-43'37'' W. on Cape 
Flattery to the Cape Flattery Light at 48-23'30'' N., 124-44'12'' W. on 
Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence 
northward along the U.S. Territorial Sea Boundary to its intersection 
with the U.S./Canada International Boundary; thence east along the U.S./
Canada International Boundary through the waters known as the Strait of 
Juan de Fuca, Haro Strait, Boundary Pass, and the Strait of Georgia to 
the Washington State coastline at 49-00'06'' N., 122-45'18'' W. 
(International Boundary Range C Rear Light). This area includes: Puget 
Sound, Hood Canal, Possession Sound, the San Juan Island Archipelago, 
Rosario Strait, Guemes Channel, Bellingham Bay, the U.S. waters of the 
Strait of Juan de Fuca and the Strait of Georgia, and all waters 
adjacent to the above.
    (b) Vessel Traffic Service Puget Sound participates in a U.S./
Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage 
vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca 
Region consists of all waters of the Strait of Juan de Fuca and its 
offshore approaches, southern Georgia Strait, the Gulf and San Juan 
Archipelagos, Rosario Strait, Boundary Pass and Haro Strait, bounded on 
the northwest by 48-35'45'' N.; and on the southwest by 48-23'30'' N.; 
and on the west by the rhumb line joining 48-35'45'' N., 124-47'30'' W. 
with 48-23'30'' N., 124-48'37'' W.; and on the northeast in the Strait 
of Georgia, by a line drawn along 49-N. from Vancouver Island to 
Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point 
on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian 
and United States Vessel Traffic Centers (Tofino, B.C., Canada, 
Vancouver, BC, Canada and Seattle, WA) manage traffic within the CVTS 
area irrespective of the International Boundary.
    (c) VTS Special Areas. (1) The Rosario Strait VTS Special Area 
consists of those waters bounded to the south by the center of 
Precautionary Area ``RB'' (a circular area of 2,500 yards radius 
centered at 48-26'24'' N., 122-45'12'' W.), and to the north by the 
center of Precautionary Area ``C'' (a circular area of 2,500 yards 
radius centered at 48-40'34'' N., 122-42'44'' W.; Lighted Buoy ``C''); 
and

    Note: The center of precautionary area ``RB'' is not marked by a 
buoy. All precautionary areas are depicted on National Oceanic and 
Atmospheric Administration (NOAA) nautical charts.

    (2) The Guemes Channel VTS Special Area consists of those waters 
bounded to the west by Shannon Point on Fidalgo Island and to the east 
by Southeast Point on Guemes Island.
    (d) Additional VTS Special Area Operating Requirements. The 
following additional requirements are applicable in the Rosario Strait 
and Guemes Channel VTS Special Areas:
    (1) A vessel engaged in towing shall not impede the passage of a 
vessel of 40,000 dead weight tons or more.
    (2) A vessel of less than 40,000 dead weight tons is exempt from the 
provision set forth in Sec. 161.13(b)(1) of this part.
    (3) A vessel of less than 100 meters in length is exempt from the 
provisions set forth in Sec. 161.13(b)(3) of this part. Approval will 
not be granted for:
    (i) A vessel of 100 meters or more in length to meet or overtake; or 
cross or operate within 2,000 yards (except when

[[Page 543]]

crossing astern) of a vessel of 40,000 dead weight tons or more; or
    (ii) A vessel of 40,000 dead weight tons or more to meet or 
overtake; or cross or operate within 2,000 yards (except when crossing 
astern) of a vessel of 100 meters or more in length.
    (e) Reporting Point. Inbound vessels in the Strait of Juan de Fuca 
upon crossing 124-W.



Sec. 161.60  Vessel Traffic Service Prince William Sound.

    (a) The VTS area consists of the navigable waters of the United 
States north of a line drawn from Cape Hinchinbrook Light to Schooner 
Rock Light, comprising that portion of Prince William Sound between 146-
30' W. and 147-20' W. and includes Valdez Arm, Valdez Narrows and Port 
Valdez.
    (b) The Valdez Narrows VTS Special Area consists of those waters of 
Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing 
307- True from Tongue Point at 61-02'06'' N., 146-40' W.; and southwest 
of a line bearing 307- True from Entrance Island Light at 61-05'06'' N., 
146-36'42'' W.
    (c) Additional VTS Special Area Operating Requirements. The 
following additional requirements are applicable in the Valdez Narrows 
VTS Special Area:
    (1) No VMRS User shall proceed north of 61-N. without prior approval 
of the VTS.
    (2) For a vessel listed in paragraph (c)(3) of this section--
    (i) Approval to enter this area will not be granted to a vessel when 
a tank vessel of more than 20,000 deadweight tons is navigating therein;
    (ii) A northbound vessel shall remain south of 61 deg.N. until the 
VTS has granted permission to proceed; and
    (iii) A southbound vessel shall remain in Port Valdez east of 
146 deg.35'W. and north of 61 deg.06'N. until the VTS has granted 
permission to proceed.
    (3) Paragraph (c)(2) of this section applies to--
    (i) A vessel of 1600 gross tons or more; and
    (ii) A towing vessel of 8 meters or more in length, except for a 
vessel performing duties as an escort vessel as defined in 33 CFR Part 
168.
    (d) Reporting Points.

[[Page 544]]



                           Table 161.60(d)--VTS Prince William Sound Reporting Points                           
----------------------------------------------------------------------------------------------------------------
    Designator         Geographic name     Geographic description    Latitude/longitude            Notes        
----------------------------------------------------------------------------------------------------------------
1A...............  Cape Hinchinbrook.....  Cape Hinchinbrook.....  60 deg.16'18''N; 146    Northbound Only.     
                                                                    deg.45'30'' W.                              
1B...............  Schooner Rock.........  Schooner Rock.........  60 deg.18'42''N; 146    Southbound Only.     
                                                                    deg.51'36'' W.                              
2A...............  Naked Island..........  Naked Island..........  60 deg.40'00''N; 147    Northbound Only.     
                                                                    deg.01'24'' W.                              
2B...............  Naked Island..........  Naked Island..........  60 deg.40'00''N; 147    Southbound Only.     
                                                                    deg.05'00'' W.                              
3A...............  Bligh Reef............  Bligh Reef Light        60 deg.50'36''N; 146    Northbound Only.     
                                            (Pilot Embark).         deg.57'30'' W.                              
3B...............  Bligh Reef............  Bligh Reef Light        60 deg.51'00''N; 147    Southbound Only.     
                                            (Pilot Disembark).      deg.01'24'' W.                              
4A...............  Rocky Point...........  Rocky Point...........  60 deg.57'48''N; 146    Northbound Only.     
                                                                    deg.47'30'' W.                              
4B...............  Rocky Point...........  Rocky Point...........  60 deg.57'48''N; 146    Southbound Only.     
                                                                    deg.50'00'' W.                              
5................  Entrance Island.......  Entrance Island Light.  61 deg.05'24''N; 146                         
                                                                    deg.37'30''W..                              
----------------------------------------------------------------------------------------------------------------



                                                                                                                                                        
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995]                                                           
                                                                                                                                                        



PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS--Table of Contents




Sec.
162.1  General.
162.15  Manhasset Bay, N.Y.; seaplane restricted area.
162.20  Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted 
          area.
162.30  Channel of Tuckerton Creek, N.J.; navigation.
162.35  Channel of Christina River, Del.; navigation.
162.40  Inland waterway from Delaware River to Chesapeake Bay, Del. and 
          Md. (Chesapeake and Delaware Canal).
162.65  All waterways tributary to the Atlantic Ocean south of 
          Chesapeake Bay and all waterways tributary to the Gulf of 
          Mexico east and south of St. Marks, Fla.
162.75  All waterways tributary to the Gulf of Mexico (except the 
          Mississippi River, its tributaries, South and Southwest Passes 
          and the Atchafalaya River) from St. Marks, Fla., to the Rio 
          Grande.
162.80  Mississippi River below mouth of Ohio River, including South and 
          Southwest Passes.
162.85  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at 
          Kleinston Landing to Fisher Street; navigation.
162.90  White River, Arkansas Post Canal, Arkansas River, and Verdigris 
          River between Mississippi River, Ark., and Catoosa, Okla.; 
          use, administration, and navigation.
162.100  Ohio River at Louisville, KY.
162.105  Missouri River; administration and navigation.
162.110  Duluth-Superior Harbor, Minnesota and Wisconsin.
162.115  Keweenaw Waterway, Mich.
162.117  St. Marys River, Sault Ste. Marie, Michigan.
162.120  Harbors on Lake Michigan.
162.125  Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisconsin.
162.130  Connecting waters from Lake Huron to Lake Erie; general rules.
162.132  Connecting waters from Lake Huron to Lake Erie; communications 
          rules.
162.134  Connecting waters from Lake Huron to Lake Erie; traffic rules.
162.136  Connecting waters from Lake Huron to Lake Erie; anchorage 
          grounds.
162.138  Connecting waters from Lake Huron to Lake Erie; speed rules.
162.140  Connecting waters from Lake Huron to Lake Erie; miscellaneous 
          rules.
162.145  Monroe Harbor, Mich.
162.150  Maumee Bay and River, Ohio.
162.155  Sandusky and Huron Harbors, Ohio.
162.160  Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut 
          Harbors, Ohio.
162.165  Buffalo and Rochester Harbors, New York.
162.175  Black Rock Canal and Lock at Buffalo, New York.
162.195  Santa Monica Bay, Calif.; restricted area.
162.200  Marina del Ray, Calif.; restricted area.
162.205  Suisun Bay, San Joaquin River Sacramento River, and connecting 
          waters, CA.
162.210  Lake Tahoe, Calif.; restricted areas along south shore.
162.215  Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
162.220  Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-
          Nev.
162.225  Columbia and Willamette Rivers, Washington and Oregon; 
          administration and navigation.
162.230  Columbia River, Wash.
162.235  Puget Sound Area, Wash.
162.240  Tongass Narrows, Alaska; navigation.
162.245  Kenai River, Kenai, Alaska; use, administration, and 
          navigation.
162.250  Port Alexander, Alaska; speed of vessels.
162.255  Wrangell Narrows, Alaska; use, administration, and navigation.
162.260  Channel leading to San Juan Harbor, P.R.; use, administration, 
          and navigation.
162.270  Restricted areas in vicinity of Maritime Administration Reserve 
          Fleets.

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.


    Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless otherwise 
noted.



Sec. 162.1  General.

    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 162.15  Manhasset Bay, N.Y.; seaplane restricted area.

    (a) The restricted area. An area in Manhasset Bay between the shore 
at Manorhaven on the north and the

[[Page 546]]

southerly limit line of the special anchorage area in Manhasset Bay, 
west area at Manorhaven (described in Sec. 202.60 of this chapter), on 
the south; its axis being a line bearing 166 deg.50' true from latitude 
40 deg.50'17.337'', longitude 73 deg.43'03.877'', which point is on the 
south side of Orchard Beach Boulevard at Manorhaven; and being 100 feet 
wide for a distance of 380 feet in a southerly direction from the south 
side of Orchard Beach Boulevard, and thence flaring to a width of 300 
feet at the southerly limit line.
    (b) The regulations. (1) Vessels shall not anchor or moor within the 
restricted area.
    (2) All vessels traversing the area shall pass directly through 
without unnecessary delay, and shall give seaplanes the right-of-way at 
all times.



Sec. 162.20  Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted area.

    (a) The area. An area in the main channel in Flushing Bay extending 
for a distance of 300 feet on either side of the extended center line of 
Runway No. 13-31 at La Guardia Airport.
    (b) The regulations. (1) All vessels traversing in the area shall 
pass directly through without unnecessary delay.
    (2) No vessels having a height of more than 35 feet with reference 
to the plane of mean high water shall enter or pass through the area 
whenever visibility is less than one mile.



Sec. 162.30  Channel of Tuckerton Creek, N.J.; navigation.

    (a) Power boats or other vessels propelled by machinery shall not 
proceed at any time within the limits of these waters at a greater speed 
than 8 statute miles per hour.



Sec. 162.35  Channel of Christina River, Del.; navigation.

    (a) That vessels of over 20 tons capacity, propelled by machinery, 
shall not proceed at any time within the limits of these waters at a 
greater speed than 8 statute miles per hour.



Sec. 162.40  Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal).

    (a) Applicability. The regulations in this section are applicable to 
that part of the inland waterway from Delaware River to Chesapeake Bay, 
Del. and Md., between Reedy Point, Delaware River, and Old Town Point 
Wharf, Elk River.
    (b) Speed. No vessel in the waterway shall be raced or crowded 
alongside another vessel. Vessels of all types, including pleasure 
craft, are required to travel at all times at a safe speed throughout 
the canal and its approaches so as to avoid damage by suction or wave 
wash to wharves, landings, riprap protection, or other boats, or injury 
to persons. Pilots and vessel operators transiting the canal and its 
approaches are warned that violation of this rule may result in having 
their privilege to transit the canal suspended. Passages of vessels 
through the canal will be monitored and specific cases will be 
investigated where damage by suction or wave wash does occur. Owners and 
operators of yachts, motorboats, rowboats and other craft are cautioned 
that large deep draft ocean-going vessels and other large commercial 
vessels ply the canal, and such owners and operators should be 
particularly careful to moor or anchor well away from the main ship 
channels, with moorings and lines which are sufficient and proper.
    (c) Right-of-way. All vessels proceeding with the current shall have 
the right-of-way over those proceeding against the current. Large 
vessels or tows must not overtake and attempt to pass other large 
vessels or tows in the waterway. All small pleasure craft shall 
relinquish the right-of-way to deeper draft vessels, which have a 
limited maneuvering ability due to their draft and size.
    (d) Stopping in waterway. Vessels will not be permitted to stop or 
anchor in the ship channel.
    (e) Water skiing. Water skiing in the waterway is prohibited between 
Reedy Point and Welch Point.

[[Page 547]]

    (f) Sailboats. Transiting the canal by vessels under sail is not 
permitted between Reedy Point and Welch Point.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.65  All waterways tributary to the Atlantic Ocean south of Chesapeake Bay and all waterways tributary to the Gulf of Mexico east and south of St. 
          Marks, Fla.

    (a) Description. This section applies to the following:
    (1) Waterways. All navigable waters of the United States, natural or 
artificial, including bays, lakes, sounds, rivers, creeks, intracoastal 
waterways, as well as canals and channels of all types, which are 
tributary to or connected by other waterways with the Atlantic Ocean 
south of Chesapeake Bay or with the Gulf of Mexico east and south of St. 
Marks, Florida.
    (2) United States property. All river and harbor lands owned by the 
United States in or along the waterways described in paragraph (a)(1) of 
this paragraph, including lock sites and all structures thereon, other 
sites for Government structures and for the accommodation and use of 
employees of the United States, and rights of way and spoil disposal 
areas to the extent of Federal interest therein.
    (3) Vessels and rafts. The term ``vessel'' as used in this section 
includes all floating things moved over these waterways other than 
rafts.
    (b) Waterways--(1) Fairway. A clear channel shall at all times be 
left open to permit free and unobstructed navigation by all types of 
vessels and rafts that normally use the various waterways or sections 
thereof. The District Commander may specify the width of the fairway 
required in the various waterways under his charge.
    (2) Stoppage in waterway, anchorage or mooring. (i) No vessels or 
rafts shall anchor or moor in any of the land cuts or other narrow parts 
of the waterway, except in case of an emergency. Whenever it becomes 
necessary for a vessel or raft to stop in any such portions of the 
waterway it shall be securely fastened to one bank and as close to the 
bank as possible. This shall be done only at such a place and under such 
conditions as will not obstruct or prevent the passage of other vessels 
or craft. Stoppages shall be only for such periods as may be necessary.
    (ii) No vessel or raft will be allowed to use any portion of the 
fairway as a mooring place except temporarily as authorized above 
without the written permission from the District Commander.
    (iii) When tied up, all vessels must be moored by bow and stern 
lines. Rafts and tows shall be secured at sufficiently close intervals 
to insure their not being drawn away from the bank by winds, currents or 
the suction of passing vessels. Tow lines shall be shortened so that the 
different parts of the tow shall be as close together as possible. In 
narrow sections, no vessel or raft shall be tied abreast of another.
    (iv) Lights shall be displayed in accordance with provisions of the 
Inland Rules and the Pilot Rules for Inland Waters.
    (v) No vessel, even if fastened to the bank as prescribed in 
paragraph (b)(2)(i) of this section, shall be left without a sufficient 
crew to care for it properly.
    (vi) Vessels will not be permitted to load or unload in any of the 
land cuts except as a regular established landing or wharf without 
written permission secured in advance from the District Commander.
    (vii) No vessel, regardless of size, shall anchor in a dredged 
channel or narrow portion of a waterway for the purpose of fishing, if 
navigation is obstructed, thereby.
    (viii) Except in cases of emergency the dropping of anchors, 
weights, or other ground tackle, within areas occupied by submarine 
cable or pipe crossings, is prohibited. Such crossings will ordinarily 
be marked by signboards on each bank of the shore or indicated on coast 
charts.
    (3) Speed. (i) Vessels shall proceed at a speed which will not 
endanger other vessels or structures and will not interfere with any 
work in progress incident to maintaining, improving, surveying or 
marking the channel.
    (ii) Official signs indicating limiting speeds through critical 
portions of the waterways shall be strictly obeyed.

[[Page 548]]

    (iii) Vessels approaching and passing through a bridge shall so 
govern their speed as to insure passage through the bridge without 
damage to the bridge or its fenders.
    (4) Assembly and handling of tows. (i) All vessels drawing tows and 
equipped with rudders shall use two tow lines or a bridle and shorten 
them to the greatest possible extent so as to have full control at all 
times. The various parts of a tow shall be securely assembled with the 
individual units connected by lines as short as practicable. If 
necessary, as in the case of lengthy or cumbersome tows or tows in 
restricted channels, the District Commander may require that tows be 
broken up and may require the installation of a rudder, drag or other 
approved steering device on the tow in order to avoid obstructing 
navigation or damaging the property of others, including aids to 
navigation maintained by the United States or under its authorization, 
by collision or otherwise.
    (ii) No tow shall be drawn by a vessel that has insufficient power 
or crew to permit ready maneuverability and safe handling.
    (iii) Tows desiring to pass a bridge shall approach the opening 
along the axis of the channel so as to pass through without danger of 
striking the bridge or its fenders. No vessel or tow shall navigate 
through a drawbridge until the movable span is fully opened.
    (iv) In the event that it is evident to the master of a towing 
vessel that a tow cannot be safely handled through a bridge, it will be 
brought to anchor and the towed vessels will be taken through the bridge 
in small units, or singly if necessary, or the tow will wait until 
navigation conditions have improved to such an extent that the tow can 
pass through the bridge without damage.
    (5) Projections from vessels. No vessel carrying a deck load which 
overhangs or projects over the side of said vessel, or whose rigging 
projects over the side of the vessel so as to endanger passing vessels, 
wharves or other property, will enter or pass through any of the narrow 
parts of the waterway.
    (6) Meeting and passing. Vessels, on meeting or overtaking, shall 
give the proper signals and pass in accordance with the Inland Rules and 
the Pilot Rules for Inland Waters. Rafts shall give to vessels the side 
demanded by proper signal. All vessels approaching dredges or other 
plant engaged on improvements to a waterway, shall give the signal for 
passing and slow down sufficiently to stop if so ordered or if no 
answering signal is received. On receiving the answering signal, they 
shall then proceed to pass at a speed sufficiently slow to insure safe 
navigation.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 93-072, 59 
FR 39963, Aug. 5, 1994]



Sec. 162.75  All waterways tributary to the Gulf of Mexico (except the Mississippi River, its tributaries, South and Southwest Passes and Atchafalaya River) 
          from St. Marks, Fla., to the Rio Grande.

    (a) The regulations in this section shall apply to:
    (1) Waterways. All navigable waters of the U.S. tributary to or 
connected by other waterways with the Gulf of Mexico between St. Marks, 
Fla., and the Rio Grande, Tex. (both inclusive), and the Gulf 
Intracoastal Waterway; except the Mississippi River, its tributaries, 
South and Southwest Passes, and the Atchafalaya River above its junction 
with the Morgan City-Port Allen Route.
    (2) Bridges, wharves, and other structures. All bridges, wharves, 
and other structures in or over these waterways.
    (3) Vessels. The term ``vessels'' as used in this section includes 
all floating craft other than rafts.
    (b) Waterways:
    (1) A clear channel shall at all times be left open to permit free 
and unobstructed navigation by all types of vessels and tows normally 
using the various waterways covered by the regulations of this section
    (2) Fairway: The District Commander may specify the width of the 
fairway required in the various waterways under his charge.
    (3) Anchoring or mooring:
    (i) Vessels or tows shall not anchor or moor in any of the land cuts 
or other narrow parts of the waterway,

[[Page 549]]

except in an emergency, or with permission of the District Commander. 
Whenever it becomes necessary for a vessel or tow to stop in any such 
protions of the waterway, it shall be securely fastened to one bank and 
as close to the bank as possible. This shall be done only at such a 
place and under such conditions as will not obstruct or prevent the 
passage of other vessels or tows. Stoppages shall be only for such 
periods as may be necessary.
    (ii) When tied up individually, all vessels and tows shall be moored 
by bow and stern lines. Tows shall be secured at sufficiently frequent 
intervals to insure their not being drawn away form the bank by winds, 
currents, or the suction of passing vessels. Lines shall be shortened so 
that the various barges in a tow will be as close together as possible.
    (iii) Lights shall be displayed in accordance with provisions of the 
Inland Rules and the Pilot Rules for Inland Waters.
    (iv) Whenever any vessel or tow is moored to the bank (paragraph 
(b)(3)(i) of this section) at least one crew member shall always remain 
on board to see that proper signals are displayed and that the vessel or 
tow is properly moored at all times.
    (v) No vessel, regardless of size, shall anchor in a dredged channel 
or narrow portion of a waterway for the purpose of fishing if navigation 
is obstructed thereby.
    (4) Speed: Speeding in narrow sections is prohibited. Official signs 
indicating limited speeds shall be obeyed. Vessels shall reduce speed 
sufficiently to prevent damage when passing over vessels or structures 
in or along the waterway.
    (5) Size, assembly, and handling of tows:
    (i) On waterways 150 feet wide or less, tows which are longer than 
1,180 feet, including the towing vessel, but excluding the length of the 
hawser, or wider than one-half of the bottom width of the channel or 55 
feet, whichever is less will not be allowed, except when the District 
Commander has given special permission or the waterway has been exempted 
from these restrictions by the District Commander. Before entering any 
narrow section of the Gulf Intracoastal Waterway, tows in excess of one-
half the channel width, or 55 feet, will be required to stand by until 
tows which are less than one-half the channel width or 55 feet wide have 
cleared the channel. When passing is necessary in narrow channels, 
overwidth tows shall yield to the maximum. Separate permission must be 
received from the District Commander for each overlength or overwidth 
movement. In addition, the following exceptions are allowed:
    (ii) Gulf Intracoastal Waterway--Between mile 6.2 EHL (Inner Harbor 
Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will 
be allowed.
    (iii) Gulf Intercoastal Waterway--Between mile 33.6 EHL and the 
Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if 
under 750 feet in length including the towboat but excluding the length 
of the hawser.
    (iv) Gulf Intracoastal Waterway--Mobile Bay Ship Channel to St. 
Marks, Fla., for tows made up of empty barges on the off or shallow 
side, a width of 75 feet will be allowed.
    (v) All vessels pulling tows not equipped with rudders in restricted 
channels and land cuts shall use two towlines, or a bridle on one 
towline, shortened as much as safety of the towing vessel permits, so as 
to have maximum control at all times. The various parts of a tow shall 
be securely assembled with the individual units connected by lines as 
short as practicable. In open water, the towlines and fastenings between 
barges may be lengthened so as to accommodate the wave surge. In the 
case of lengthy or cumbersome tows, or tows in restricted channels, the 
District Commander may require that tows be broken up, and may require 
the installation of a rudder or other approved steering device on the 
tow in order to avoid obstructing navigation or damaging the property of 
others. Pushing barges with towing vessel astern, towing barges with 
towing vessel alongside, or pushing and pulling barges with units of the 
tow made up both ahead and astern of the towing vessel are permissible 
provided that adequate power is employed to keep the tows under full 
control at all times. No tow shall be drawn by a vessel that has 
insufficient power or crew

[[Page 550]]

to permit ready maneuverability and safe handling.
    (vi) All tows navigating the Pass Manchac bridges in Louisiana are 
limited to no more than two barges, not to exceed a combined tow length 
of 400 feet (excluding the towboat). Vessel operators for tows exceeding 
these limits must request and receive permission from the COTP New 
Orleans prior to navigating the bridges. Requests should be made by 
telephoning the COTP at 504-589-7101. Any decision made by the COTP is 
final agency action.
    (6) Projections from vessels: Vessels or tows carrying a deck load 
which overhangs or projects over the side, or whose rigging projects 
over the side, so as to endanger passing vessels, wharves, or other 
property, shall not enter or pass through any of the narrow parts of the 
waterway without prior approval of the District Commander.
    (7) Meeting and passing: Passing vessels shall give the proper 
signals and pass in accordance with the International Rules, the Inland 
Rules and the Pilot Rules for Inland Waters, where applicable. At 
certain intersections where strong currents may be encountered, sailing 
directions may be issued through navigation bulletins or signs posted on 
each side of the intersections.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-050, 45 
FR 43167, June 26, 1980]



Sec. 162.80  Mississippi River below mouth of Ohio River, including South and Southwest passes.

    (a) Mooring on the Mississippi River between miles 311.5 AHP and 
340.0 AHP. (1) No vessel or craft shall moor along either bank of the 
Mississippi River between miles 311.5 AHP and mile 340.0 AHP except in 
case of an emergency, pursuant to an approved navigation permit, or as 
authorized by the District Commander. Vessels may be moored any place 
outside the navigation channel in this reach in case of an emergency and 
then for only the minimum time required to terminate the emergency. When 
so moored, all vessels shall be securely tied with bow and stern lines 
of sufficient strength and fastenings to withstand currents, winds, wave 
action, suction from passing vessels or any other forces which might 
cause the vessels to break their moorings. When vessels are so moored, a 
guard shall be on board at all times to ensure that proper signals are 
displayed and that the vessels are securely and adequately moored.
    (2) Vessels may be moored any time at facilities constructed in 
accordance with an approved navigation permit or as authorized by the 
District Commander. When so moored, each vessel shall have sufficient 
fastenings to prevent the vessels from breaking loose by wind, current, 
wave action, suction from passing vessels or any other forces which 
might cause the vessel to break its mooring. The number of vessels in 
one fleet and the width of the fleet of vessels tied abreast shall not 
extend into the fairway or be greater than allowed under the permit.
    (3) Mariners should report immediately by radio or fastest available 
means to the lockmaster at Old River Lock or to any government patrol or 
survey boat in the vicinity any emergency mooring or vessels drifting 
uncontrolled within the area described in paragraph (a)(1) of this 
section. It is the responsibility and duty of the master of a towing 
vessel releasing or mooring a vessel in this reach of the Mississippi 
River to report such action immediately.
    (b) Mooring on Mississippi River below Baton Rouge, La., including 
South and Southwest Passes. (1) When tied up individually or in fleets, 
vessels shall be moored with sufficient lines and shore fastenings to 
insure their remaining in place and withstanding the action of winds, 
currents and the suction of passing vessels.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

(Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80 
Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. 
1231); 49 CFR 1.46 (c)(1) and (n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-028, 46 
FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555, May 2, 1988]

[[Page 551]]



Sec. 162.85  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation.

    (a) Speed. Excessive speeding is prohibited. A vessel shall reduce 
its speed sufficiently to prevent any damage when approaching another 
vessel in motion or tied up, a wharf or other structure, works under 
construction, plant engaged in river and harbor improvement, levees, 
floodwalls withstanding floodwaters, buildings submerged or partially 
submerged by high waters, or any other structure or improvement likely 
to be damaged by collision, suction, or wave action.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.90  White River, Arkansas Post Canal, Arkansas River, and Verdigris River between Mississippi River, Ark., and Catoosa, Okla.; use, administration, and 
          navigation.

    (a) The regulations in this section shall apply to:
    (1) Waterways. White River between Mississippi River and Arkansas 
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between 
Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River 
between Arkansas River and Catoosa, Okla.; and reservoirs on these 
waterways between Mississippi River Ark., and Catoosa, Okla.
    (2) Bridges, wharves and other structures. All bridges, wharves, and 
other structures in or over the waterways described in paragraph (a)(1) 
of this section.
    (3) Vessels and rafts. The term ``vessels'' as used in this section 
includes every description of watercraft used, or capable of being used, 
as a means of transportation on water, other than rafts.
    (b) Waterways:
    (1) Fairway. A clear channel shall at all times be left open to 
permit free and unobstructed navigation by all types of vessels and 
rafts that normally use the various waterways or sections thereof. The 
District Commander may specify the width of the fairway required in the 
waterways under his charge.
    (2) Anchoring or mooring in waterway. (i) No vessels or rafts shall 
anchor or moor in any of the land cuts or other narrow parts of the 
waterway, except in an emergency. Whenever it becomes necessary for a 
vessel or raft to stop in any such portions of the waterway, it shall be 
securely fastened to one bank and as close to the bank as possible. This 
shall be done only at such a place and under such conditions as will not 
obstruct or prevent the passage of other vessels or rafts. Stoppages 
shall be only for such periods as may be necessary.
    (ii) Except temporarily, as authorized in paragraph (b)(2)(i) of 
this section, no vessel or raft will be allowed to use any portion of 
the fairway as a mooring place without written permission from the 
District Commander.
    (iii) When tied up individually, all vessels shall be moored by bow 
and stern lines. Rafts and tows shall be secured at sufficiently close 
intervals to insure their not being drawn away from the bank by winds, 
currents, or the suction of passing vessels. Towlines shall be shortened 
so that the different parts of the tow will be as close together as 
possible. In narrow sections, no vessel or raft shall be tied abreast of 
another if the combined width of vessels or rafts is greater than 70 
feet.
    (iv) When a vessel is moored under an emergency condition, as 
provided in paragraph (b)(2)(i) of this section, at least one crew 
member shall remain in attendance to display proper lights and signals 
and tend the mooring lines. The crew member shall be provided with an 
adequate means of communication or signalling a warning in the event 
that, for any reason, the vessel or tow should go adrift. Immediately 
after completion of the emergency mooring, the lockmaster of the first 
lock downstream shall be notified of the character and cargo of the 
vessel and the location of such mooring.
    (v) Vessels will not be permitted to load or unload in any of the 
land cuts, except at a regular established landing or wharf, without 
written permission secured in advance from the District Commander.
    (vi) Except in an emergency, no vessel or raft shall anchor over 
revetted banks of the waterway, nor shall any

[[Page 552]]

type vessel except launches and other small craft land against banks 
protected by revetment except at regular commercial landings.
    (3) Speed. (i) Excessive speed in narrow sections is prohibited. 
Official signs indicating limiting speeds through critical sections 
shall be strictly obeyed.
    (ii) When approaching and passing through a bridge, all vessels and 
rafts, regardless of size, shall control their speed so as to insure 
that no damage will be done to the bridge or its fenders.
    (iii) Within the last mile of approach to unattended, normally open 
automatic, movable span bridges, the factor of river flow velocity, of 
vessel (and tow) velocity, and of vessel power and crew capability are 
never to be permitted to result in a condition whereby the movement of 
vessel (and tow) cannot be completely halted or reversed within a 3-
minute period.
    (iv) A vessel shall reduce its speed sufficiently to prevent any 
damage when approaching another vessel in motion or tied up, a wharf or 
other structure, works under construction, plant engaged in river and 
harbor improvement, levees withstanding floodwaters, buildings submerged 
or partially submerged by high waters, or any other manner of structure 
or improvements likely to be damaged by collision, suction, or wave 
action.
    (4) Assembly and handling of tows. (i) All vessels drawing tows not 
equipped with rudders in restricted channels and land cuts shall use two 
towlines, or a bridlse on one towline, shortened to the greatest 
possible extent so as to have maximum control at all times. The various 
parts of a tow shall be securely assembled with the individual units 
connected by lines as short as practicable. In open water, the towlines 
and fastenings between barges may be lengthened so as to accommodate the 
wave surge. In the case of length or cumbersome tows, or tows in 
restricted channels, the District Commander may require that tows be 
broken up, and may require the installation of a rudder or other 
approved steering device on the tow in order to avoid obstructing 
navigation or damaging the property of others. Pushing barges with 
towing vessel astern, towing barges with towing vessel alongside, or 
pushing and pulling barges with units of the tow made up both ahead and 
astern of the towing vessel is permissible provided that adequate power 
is employed to keep the tow under full control at all times.
    (ii) No tow shall be drawn by a vessel that has insufficient power 
or crew to permit ready maneuverability and safe handling.
    (iii) No vessel or tow shall navigate through a drawbridge until the 
movable span is fully opened.
    (5) Projections from vessels. No vessels carrying a deck load which 
overhangs or projects over the side, or whose rigging projects over the 
side, so as to endanger passing vessels, wharves, or other property, 
shall enter or pass through any of the narrow parts of the waterway.
    (6) Meeting and passing. Vessels on meeting or overtaking shall give 
the proper signals and pass in accordance with the Inland Rules and the 
Pilot Rules for Inland Waters. Rafts shall give to vessels the side 
demanded by proper signal. All vessels approaching dredges or other 
plant engaged on improvements to a waterway shall give the signal for 
passing and slow down sufficiently to stop if so ordered or if no 
answering signal is received. On receiving the answering signal, they 
shall then pass at a speed sufficiently slow to insure safe navigation. 
Vessels approaching an intersection or bend where the view is obstructed 
must exercise due caution. At certain intersections where strong 
currents may be encountered, sailing directions may be issued from time 
to time through navigation bulletins or signs posted on each side of the 
intersections which must be observed.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.100  Ohio River at Louisville, KY.

    (a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has 
established four pairs of emergency mooring bouys. Each buoy is 10 feet 
in diameter with retro-reflective sides. The two buoys which comprise 
each pair are 585

[[Page 553]]

feet apart and are located approximately at:
    (1) Indiana Bank--Mile 582.3 (near 18 Mile Island);
    (2) Six Mile Island--Mile 597.5;
    (3) Six Mile Island--Mile 598.2; and
    (4) Kentucky Bank--Mile 599.8 (Cox's Park).

    Note: All buoys, except those at Six Mile Island--Mile 598.2, are 
removed between May 1 and September 30. Due to the close proximity of 
the municipal water intakes, mooring of tank vessels laden with 
petroleum products or hazardous materials is not authorized on the 
Kentucky Bank, Mile 599.8 (Cox's Park).

    (b) The regulations. A vessel must not use the emergency mooring 
buoys that have been established by the U.S. Army Corps of Engineers, 
unless specifically authorized. The Captain of the Port, upon request, 
may authorize the use of the emergency mooring buoys by downbound towing 
vessels that are awaiting Vessel Traffic Center approval to proceed.

[CGD 90-020, 59 FR 36333, July 15, 1994]



Sec. 162.105  Missouri River; administration and navigation.

    (a) Supervision. The District Commander, Second Coast Guard 
District, has certain administrative supervision overreaches of the 
river within the limits of his district and is charged with the 
enforcement under his direction of emergency regulations to govern 
navigation on the river.
    (b) Navigation. During critical flood stages on any particular 
limited reach of the Missouri River when lives, floating plant, or major 
shore installations and levees are endangered, the District Commander in 
charge of the locality shall have the authority to declare the reach of 
the river closed to navigation or to prescribe temporary speed 
regulations whenever it appears to him that such action is necessary to 
prevent immediate human suffering or to mitigate major property damage 
or destruction from wave action. The period of closure and all speed 
regulations prescribed by the District Commander shall be for the 
duration of the emergency as determined by the District Commander and 
shall be terminated at the earliest practicable time that improved river 
conditions permit.



Sec. 162.110  Duluth-Superior Harbor, Minnesota and Wisconsin.

    (a) No vessel greater than 100 feet in length may exceed 8 miles per 
hour in Duluth-Superior Harbor.
    (b) In the Duluth Ship Canal:
    (1) No vessel may meet or overtake another vessel if each vessel is 
greater than 150 feet in length (including tug and tow combinations).
    (2) An inbound vessel has the right of way over an outbound vessel.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.115  Keweenaw Waterway, Mich.

    (a) No vessel greater than 40 feet in length may exceed 8 miles per 
hour between Lily Pond and Pilgrim Point.
    (b) No vessel may use either the Portage River harbor of refuge or 
the Lily Pond harbor of refuge longer than 24 hours unless given 
permission to do so by the Captain of the Port.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.117  St. Marys River, Sault Ste. Marie, Michigan.

    (a) The area. The waters of the St. Marys River and lower Whitefish 
Bay from 45-57' N. (De Tour Reef Light) to the south, to 46-38.7' N. 
(Ile Parisienne Light) to the north, except the waters of the St. Marys 
Falls Canal, and to the east along a line from La Pointe to Sims Point, 
within Potagannissing Bay and Worsley Bay.
    (b) Definitions. As used in this section:
    Two-way route means a directional route within defined limits inside 
which two-way traffic is established, and which is intended to improve 
safety in waters where navigation is difficult.
    Two-way traffic means that traffic flow is permitted in opposing 
directions, but a vessel may not meet, cross, nor overtake any other 
vessel in such a manner that it would be abreast of more than one other 
vessel within the defined limits of a waterway.
    (c) Anchoring Rules.
    (1) A vessel must not anchor:
    (i) within the waters between Brush Point and the waterworks intake 
crib off Big Point southward of the Point Aux Pins range; or

[[Page 554]]

    (ii) within 0.2 nautical miles of the intake crib off Big Point.
    (2) In an emergency, vessels may anchor in a dredged channel. 
Vessels shall anchor as near to the edge of the channel as possible and 
shall get underway as soon as the emergency ceases, unless otherwise 
directed. Vessel Traffic Services St. Marys River must be advised of any 
emergency anchoring as soon as is practicable.
    (3) Vessels collected in any part of the VTS Area by reason of 
temporary closure of a channel or an impediment to navigation shall get 
underway and depart in the order in which they arrived, unless otherwise 
directed by Vessel Traffic Service St. Marys River. Vessel Traffic 
Service St. Marys River may advance any vessel in the order of departure 
to expedite the movement of mails, passengers, cargo of a perishable 
nature, to facilitate passage of vessels through any channel by reason 
of special circumstance, or to facilitate passage through the St. Marys 
Falls Canal.
    (d) Traffic Rules. (1) A vessel must proceed only in the established 
direction of traffic flow in the following waters:
    (i) West Neebish Channel from Buoy ``53'' to Buoy ``1''--downbound 
traffic only;
    (ii) Pipe Island Course from Sweets Point to Watson Reefs Light-
downbound traffic only.
    (iii) Middle Neebish Channel from Buoy ``2'' to Buoy ``76''--upbound 
traffic only; and
    (iv) Pipe Island Passage to the east of Pipe Island Shoal and north 
of Pipe Island Twins from Watson Reefs Light to Sweets Point--upbound 
traffic only.
    (2) A vessel 350 feet or more in length must not overtake or 
approach within .2 nautical miles of another vessel proceeding in the 
same direction in the following waterways:
    (i) West Neebish Channel between Nine Mile Point and Munuscong Lake 
Junction Lighted Bell Buoy;
    (ii) Middle Neebish Channel between Munuscong Lake Junction Lighted 
Bell Buoy and Nine Mile Point; and
    (iii) Little Rapids Cut from Six Mile Point to Buoy ``102''.
    (3) When two-way traffic is authorized in Middle Neebish Channel, a 
vessel 350 feet or more in length must not meet, cross, or overtake 
another vessel at:
    (i) Johnson Point from Buoy ``18'' to Buoy ``22'';
    (ii) Mirre Point from Buoy ``26'' to Buoy ``28''; or
    (iii) Stribling Point from Buoy ``39'' to Buoy ``43''.
    (4) Paragraph (d)(2) of this section does not apply to a vessel 
navigating through an ice field.
    (e) Winter Navigation. During the winter navigation season, the 
following waterways are normally closed:
    (1) West Neebish Channel, from Buoy ``53' to Buoy ``1'';
    (2) Pipe Island Passage to the east of Pipe Island Shoal; and
    (3) North of Pipe Island Twins, from Watson Reef Light to Sweets 
Point.
    (f) Alternate Winter Navigation Routes. (1) When West Neebish 
Channel is closed, Middle Neebish Channel (from Buoy ``2'' to Buoy 
``76'') will be open either as a two-way route or an alternating one way 
traffic lane.
    (i) When Middle Neebish Channel is a two-way route:
    (A) An upbound vessel must use the easterly 197 feet of the channel. 
However, a vessel of draft 20 feet or more must not proceed prior to 
Vessel Traffic Center approval; and
    (B) A downbound vessel must use the westerly 295 feet of the 
channel.
    (ii) When Middle Neebish Channel is an alternating one-way traffic 
lane. A vessel must use the westerly 295 feet of the channel in the 
established direction of traffic flow.
    (2) When Pipe Island Passage is closed, Pipe Island Course is a two-
way route.

    Note: The Vessel Traffic Service closes or opens these channels as 
ice conditions require after giving due consideration to the protection 
of the marine environment, waterway improvements, aids to navigation, 
the need for cross channel traffic (e.g., ferries), the availability of 
icebreakers, and the safety of the island residents who, in the course 
of their daily business, must use naturally formed ice bridges for 
transportation to and from the mainland. Under normal seasonal 
conditions, only one closing each winter and one opening each spring are 
anticipated. Prior to closing or opening these channels, interested 
parties including both shipping entities and island residents, will be

[[Page 555]]

given at least 72 hours notice by the Coast Guard.

    (g) Speed Rules. (1) The following speed limits indicate speed over 
the ground. Vessels must adhere to the following speed limits:

              Table 162.117(g)--St. Marys River Speed Rules             
------------------------------------------------------------------------
              Maximum speed limit between                 Mph      Kts  
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light.............       14     12.2
Round Island Light and Point Aux Frenes Light ``21''..       14     12.2
Munuscong Lake Lighted Buoy ``8'' and Everens Point...       12     10.4
Everens Point and Reed Point..........................        9      7.8
Reed Point and Lake Nicolet Lighted Buoy ``62''.......       10      8.7
Lake Nicolet Lighted Buoy ``62'' and Lake Nicolet                       
 Light ``80''.........................................       12     10.4
Lake Nicolet Light ``80'' and Winter Point (West                        
 Neebish Channel).....................................       10      8.7
Lake Nicolet Light ``80'' and Six Mile Point Range                      
 Rear Light...........................................       10      8.7
Six Mile Point Range Rear Light and lower limit of the                  
 St. Marys Falls Canal                                                  
    Upbound...........................................        8      7.0
    Downbound.........................................       10      8.7
Upper limit of the St. Marys Falls Canal and Point Aux                  
 Pins Main Light......................................       12    10.4 
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed of less 
  than 5 statute miles per hour (4.3 knots).                            

    (2) Temporary speed limit regulations may be established by 
Commanding Officer Vessel Traffic Service St. Marys River. Notice of the 
temporary speed limits and their effective dates and termination are 
published in the Federal Register and Local Notice to Mariners. These 
temporary speed limits, if imposed, will normally be placed in effect 
and terminated during the winter navigation season.
    (h) Towing Requirement. A towing vessel must: (1) Maintain positive 
control of its tow south of Gros Cap Reef Light;
    (2) Not impede the passage of any other vessel;
    (3) Not tow a vessel of 200 feet or less in length with a tow line 
longer than 250 feet; and
    (4) Not tow a vessel of 200 feet or more in length with a tow line 
longer than the length of the towed vessel plus 50 feet.

[CGD 90-020, 59 FR 36333, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995]



Sec. 162.120  Harbors on Lake Michigan.

    (a) No vessel greater than 40 feet in length may exceed 8 miles per 
hour in the harbors of Michigan City, Indiana; St. Joseph, South Haven, 
Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, 
Pentwater, Ludington, Manistee, Portage Lake (Manistee County), 
Frankfort, Charlevois, and Petroskey, Michigan.
    (b) No vessel greater than 40 feet in length may exceed 4 miles per 
hour in the harbors of Menominee, Michigan and Wisconsin; Algoma, 
Kewaunee, Two Rivers, Manitowac, Sheboygan, Port Washington, Milwaukee, 
Racine, Kenosha and Green Bay, Wisconsin; and Waukegan, Illinois.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.125  Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.

    (a) In the Sturgeon Bay Ship Canal:
    (1) No vessel may exceed 5 miles per hour.
    (2) No vessel greater than 150 feet in length (including tug and tow 
combinations) may come about.
    (3) No vessel 65 feet or greater in length (including tug and tow 
combinations) may either:
    (i) Enter or pass through the canal two or more abreast; or
    (ii) Overtake another vessel.
    (4) No vessel may anchor or moor unless given permission to do so by 
the Captain of the Port.
    (5) Each vessel must keep to the center, except when meeting or 
overtaking another vessel.
    (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
    (1) Each laden vessel under tow must be towed with at least two 
towlines. Each towline must be shortened to the extent necessary to 
provide maximum control of the tow.
    (2) Each unladen vessel may be towed with one towline.
    (3) No towline may exceed 100 feet in length.
    (4) No vessel may tow another vessel alongside.
    (5) No vessel may tow a raft greater than 50 feet in width.


[[Page 556]]


    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.130  Connecting waters from Lake Huron to Lake Erie; general rules.

    (a) Purpose. The regulations in Secs. 162.130 through 162.140 
prescribe rules for vessel operation in U.S. waters connecting Lake 
Huron to Lake Erie (including the River Rouge) to prevent collisions and 
groundings, to protect waterway improvements, and to protect these 
waters from environmental harm resulting from collisions and groundings.

    Note: The Canadian Government has issued similar regulations which 
apply in the Canadian portion of the waterway. Provisions which apply 
only in Canadian waters are noted throughout the text.

    (b) Applicability. (1) Unless otherwise specified, the rules in 
Secs. 162.130 through 162.140 apply to all U.S. vessels and all other 
vessels in U.S. waters.
    (2) The speed rules in Sec. 162.138 apply to vessels 20 meters or 
more in length.
    (3) The communication rules in Sec. 162.132, the traffic rules in 
Sec. 162.134, except for Sec. 162.134(c)(2), and the anchorage rules in 
Sec. 162.136 apply to the following vessels:
    (i) Vessels of 20 meters or more in length;
    (ii) Commercial vessels more than 8 meters in length engaged in 
towing another vessel astern, alongside, or by pushing ahead; and
    (iii) Each dredge and floating plant.
    (4) The traffic rules contained in Sec. 162.134(c)(2) apply to the 
following vessels:
    (i) Sailing vessels of 20 meters or more in length;
    (ii) Power driven vessels of 55 meters or more in length;
    (iii) Vessels engaged in towing another vessel astern, alongside or 
by pushing ahead; and
    (iv) Each dredge and floating plant.
    (c) Definitions. As used in Secs. 162.130 through 162.140:
    Captain of the Port means the United States Coast Guard Captain of 
the Port of Detroit, Michigan.
    Detroit River means the connecting waters from Windmill Point Light 
to the lakeward limits of the improved navigation channels at the head 
of Lake Erie.
    District Commander means Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
    Master means the licensed master or operator, the person designated 
by the master or operator to navigate the vessel, or, on a vessel not 
requiring licensed personnel, the person in command of the vessel.
    River Rouge means the waters of the Short Cut Canal and the River 
Rouge from Detroit Edison Cell Light 1 to the head of navigation.
    St. Clair River means the connecting waters from the lakeward limit 
of the improved navigation channel at the lower end of Lake Huron to St. 
Clair Flats Canal Light 2.
    SARNIA TRAFFIC means the Canadian Coast Guard traffic center at 
Sarnia Ontario.
    (d) Laws and regulations not affected. The regulations in 
Secs. 162.130 through 162.140 do not relieve the owners or operators of 
vessels from complying with any other laws or regulations relating to 
navigation on the Great Lakes and their connecting or tributary waters.
    (e) Delegations. The District Commander, in coordination with 
appropriate Canadian officials, may make local arrangements that do not 
conflict with these regulations in the interest of safety of operations, 
to facilitate traffic movement and anchorage, to avoid disputes as to 
jurisdiction and to take necessary action to render assistance in 
emergencies. This authority may be redelegated.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 93-024, 58 FR 
59365, Nov. 9, 1993]



Sec. 162.132  Connecting waters from Lake Huron to Lake Erie; communications rules.

    (a) Radio listening watch. The master of each vessel required to 
comply with this section shall continuously monitor:
    (1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11 
and Lake St. Clair Light; and
    (2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit 
River Light.

[[Page 557]]

    (b) Radiotelephone equipment. Reports required by this section shall 
be made by the master using a radiotelephone capable of operation on a 
vessel's navigation bridge, or in the case of a dredge, from its main 
control station.
    (c) English language. Reports required by this section shall be made 
in the English language.
    (d) Traffic reports. (1) Reports required by this section shall be 
made to SARNIA TRAFFIC on the frequency designated for the radio 
listening watch in paragraph (a) of this section.
    (2) Reports shall include the name of the vessel, location, intended 
course of action, and ETA at next reporting point.
    (e) Permanent reporting points. The master of each vessel to which 
this section applies shall report as required by paragraph (d) of this 
section at the location indicated in Table I.

                                 Table I                                
------------------------------------------------------------------------
   Downbound vessels         Reporting points         Upbound vessels   
------------------------------------------------------------------------
Report................  30 Minutes North of Lake   .....................
                         Huron Cut.                                     
                        Lighted Horn Buoy ``11''                        
Report................  Lake Huron Cut Light       .....................
                         ``7''                                          
                        Lake Huron Cut Lighted     Report.              
                         Buoy ``1''.                                    
Report................  St. Clair/Black River      Report.              
                         Junction Light.                                
                        Stag Island Upper Light..  Report.              
Report................  Marine City Salt Dock      Report.              
                         Light.                                         
Report................  Grande Pointe Light        .....................
                         ``23''                                         
                        St. Clair Flats Canal      Report.              
                         Light ``2''.                                   
Report................  Lake St. Clair Light.....  Report.              
Report................  Belle Isle Light                                
Report................  Grassy Island Light......  Report.              
Report................  Detroit River Light......  Report.              
------------------------------------------------------------------------

    (f) Additional traffic reports.
    (1) A report shall be made upon leaving any dock, mooring, or 
anchorage, in the Detroit River, Lake St. Clair, and the St. Clair River 
except for--
    (i) Ferries on regular runs; and
    (ii) Vessels in the River Rouge.
    (2) A report shall be made before maneuvering to come about.
    (3) A report shall be made--
    (i) 20 minutes before entering or departing the River Rouge; and
    (ii) Immediately before entering or departing the River Rouge.
    (g) Report of impairment or other hazard. The master of a vessel 
shall report to SARNIA TRAFFIC as soon as possible:
    (1) Any condition on the vessel that may impair its navigation, 
including but not limited to: fire, defective steering equipment, or 
defective propulsion machinery.
    (2) Any tow that the towing vessel is unable to control, or can 
control only with difficulty.
    (h) Exemptions. Compliance with this section is not required when a 
vessel's radiotelphone equipment has failed.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 FR 
37274, Oct. 21, 1986]



Sec. 162.134  Connecting waters from Lake Huron to Lake Erie; traffic rules.

    (a) Detroit River. The following traffic rules apply in the Detroit 
River:
    (1) The West Outer Channel is restricted to downbound vessels.
    (2) The Livingston Channel, west of Bois Blanc Island, is restricted 
to downbound vessels.

    Note: The Amherstburg Channel, in Canadian waters east of Bois Blanc 
Island, is normally restricted to upbound vessels. No vessel may proceed 
downbound in the Amherstburg Channel without authorization from the 
Regional Director General.

    (3) Between Fighting Island Channel South Light and Bar Point Pier 
Light 29D, no vessels shall meet or overtake in such a manner that more 
than two vessels would be abreast at any time.
    (4) Between the west end of Belle Isle and Peche Island Light, 
vessels may only overtake vessels engaged in towing.
    (b) River Rouge. In the River Rouge, no vessel shall overtake 
another vessel.
    (c) St. Clair River. The following traffic rules apply in the St. 
Clair River:
    (1) Between St. Clair Flats Canal Light 2 and Russell Island Light 
33, vessels may only overtake vessels engaged in towing.
    (2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic 
Lighted Buoy there is a zone of alternating one way traffic. Masters 
shall coordinate their movements in accordance with the following rules;
    (i) Vessels shall not overtake.
    (ii) Vessels shall not come about.
    (iii) Vessels shall not meet.
    (iv) Downbound vessels which have passed Lake Huron Cut Lighted Buoy 
7

[[Page 558]]

have the right of way over upbound vessels which have not reached the 
Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of 
downbound vessels will maintain position south of the Port Huron Traffic 
Lighted Buoy.
    (v) Vessels transiting the zone shall coordinate passage by using 
communication procedures in Sec. 162.132.
    (vi) Transiting vessels shall have the right of way over moored 
vessels getting underway within the zone.
    (d) In the waters described in Sec. 162.130(a), the District 
Commander or Captain of the Port may establish temporary traffic rules 
for reasons which include but are not limited to: channel obstructions, 
winter navigation, unusual weather conditions, or unusual water levels.
    (e) The requirements of this section do not apply to public vessels 
of the U.S. or Canada engaged in icebreaking or servicing aids to 
navigation or to vessels engaged in river and harbor improvement work.
    (f) The prohibitions in this section on overtaking in certain areas 
do not apply to vessels operating in the nondisplacement mode. In this 
section, ``nondisplacement mode'' means a mode of operation in which the 
vessel is supported by hydrodynamic forces, rather than displacement of 
its weight in the water, to an extent such that the wake which would 
otherwise be generated by the vessel is significantly reduced.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 09-95-002, 60 FR 35701, July 11, 1995]



Sec. 162.136  Connecting waters from Lake Huron to Lake Erie; anchorage grounds.

    (a) In the Detroit River, vessels shall be anchored so as not to 
swing into the channel or across steering courses.

    Note: There is an authorized anchorage in Canadian waters just above 
Fighting Island and an authorized anchorage in U.S. waters south of 
Belle Isle (33 CFR 110.206).

    (b) In the St. Clair River, vessels shall be anchored so as not to 
swing into the channel or across steering courses.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 85-060, 51 FR 
17016, May 8, 1986]



Sec. 162.138  Connecting waters from Lake Huron to Lake Erie; speed rules.

    (a) Maximum speed limit for vessels in normal displacement mode. (1) 
Except when required for the safety of the vessel or any other vessel, 
vessels of 20 meters or more in length operating in normal displacement 
mode shall proceed at a speed not greater than--
    (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot 
Light and St. Clair Flats Canal Light 2;
    (ii) 12 statute miles per hour (10.4 knots) between Peche Island 
Light and Detroit River Light; and
    (iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
    (2) The maximum speed limit is 5.8 statute miles per hour (5 knots) 
in the navigable channel south of Peche Island (under Canadian 
jurisdiction).
    (b) Maximum speed limit for vessels operating in nondisplacement 
mode. (1) Except when required for the safety of the vessel or any other 
vessel, vessels 20 meters or more in length but under 100 gross tons 
operating in the nondisplacement mode and meeting the requirements set 
out in paragraph (c) of this section, may operate at a speed not 
exceeding 40 miles per hour (34.8 knots)--
    (i) During daylight hours (sunrise to sunset);
    (ii) When conditions otherwise safely allow; and
    (iii) When approval has been granted by the Coast Guard Captain of 
the Port, Detroit or Commander of the Ninth Coast Guard District prior 
to each transit of the area.
    (2) In this section, ``nondisplacement mode'' means a mode of 
operation in which the vessel is supported by hydrodynamic forces, 
rather than displacement of its weight in the water, to an extent such 
that the wake which would otherwise be generated by the vessel is 
significantly reduced.
    (c) Unsafe vessels. The Captain of the Port or the District 
Commander may deny approval for operations under

[[Page 559]]

paragraph (b) of this section if it appears that the design and 
operating characteristics of the vessels in question are not safe for 
the designated waterways, or if it appears that operations under this 
section have become unsafe for any reason.
    (d) Temporary speed limits. The District Commander may temporarily 
establish speed limits or temporarily amend existing speed limit 
regulations on the waters described in Sec. 162.130(a).

[CGD 09-95-002, 60 FR 35702, July 11, 1995]



Sec. 162.140  Connecting waters from Lake Huron to Lake Erie; miscellaneous rules.

    (a) Rules for towing vessels. (1) A towing vessel may drop or anchor 
its tows only in accordance with the provisions of Sec. 162.136.
    (2) A towing vessel engaged in arranging its tow shall not obstruct 
the navigation of other vessels.
    (b) Pilots. In the St. Clair River between Lake Huron Cut Lighted 
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not take on, 
discharge, or exchange pilots unless weather conditions would make the 
maneuver unsafe in the customary pilot area.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984]



Sec. 162.145  Monroe Harbor, Mich.

    (a) In the lake channel, no vessel greater than 40 feet in length 
may exceed 10 miles per hour.
    (b) In the river channel:
    (1) No vessel greater than 40 feet in length may exceed 6 miles per 
hour.
    (2) No vessel may use a towline exceeding 200 feet in length.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.150  Maumee Bay and River, Ohio.

    (a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49(L/L No. 
770)), no vessel greater than 100 feet in length may exceed 12 miles per 
hour.
    (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. 
770)):
    (1) No vessel greater than 40 feet in length may exceed 6 miles per 
hour.
    (2) No vessel greater than 100 feet in length (including tug and tow 
combinations) may overtake another vessel.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.155  Sandusky and Huron Harbors, Ohio.

    (a) In Sandusky Harbor, no vessel greater than 40 feet in length may 
exceed 10 miles per hour.
    (b) In Huron Harbor, no vessel greater than 40 feet in length may 
exceed 6 miles per hour, except in the outer harbor where no vessel 
greater than 40 feet in length may exceed 10 miles per hour.

    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.160  Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, Ohio.

    (a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
    (b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, 
no vessel may exceed 6 miles per hour, except in the outer harbors, 
where no vessel may exceed 10 miles per hour.

    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.165  Buffalo and Rochester Harbors, New York

    In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per 
hour, except in the outer harbors where no vessel may exceed 10 miles 
per hour.

    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.


[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.175  Black Rock Canal and Lock at Buffalo, New York.

    In the Black Rock Canal and Lock, no vessel may exceed 6 miles per 
hour.

    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]

[[Page 560]]



Sec. 162.195  Santa Monica Bay, Calif.; restricted area.

    (a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in 
an area extending seaward from the shoreline a distance of about 5 
nautical miles (normal to the shoreline) and basically outlined as 
follows:

------------------------------------------------------------------------
                 Station                  Latitude North  Longitude West
------------------------------------------------------------------------
A.......................................  33 deg.54'59''  118 deg.25'41'
                                                                       '
B.......................................  33 deg.54'59''  118 deg.28'00'
                                                                       '
C.......................................  33 deg.53'59.5                
                                                      ''  118 deg.31'37'
                                                                       '
D.......................................  33 deg.56'19.5                
                                                      ''  118 deg.34'05'
                                                                       '
E.......................................  33 deg.56'25''  118 deg.26'29'
                                                                       '
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within the area at 
any time without permission.
    (2) Dredging, dragging, seining, or other fishing operations which 
might foul underwater installations within the area are prohibited.
    (3) All vessels entering the area, other than vessels operated by or 
for the United States, the State of California, the county of Los 
Angeles, or the city of Los Angeles, shall proceed across the area by 
the most direct route and without unnecessary delay. The area will be 
open and unrestricted to small recreational craft for recreational 
activities at all times.
    (4) The placing of bouys, markers, or other devices requiring 
anchors will not be permitted.
    (5) The city of Los Angeles will maintain a patrol of the area as 
needed.



Sec. 162.200  Marina del Rey, Calif.; restricted area.

    (a) The area. That portion of the Pacific Ocean lying shoreward of 
the offshore breakwater and the most seaward 1,000 feet of the entrance 
channel between the north and south jetties, and basically outlined as 
follows:

------------------------------------------------------------------------
                 Station                     Latitude        Longitude  
------------------------------------------------------------------------
A.......................................  33 deg.57'46.0                
                                                      ''  118 deg.27'39.
                                                                     5''
B.......................................  33 deg.57'52.3                
                                                      ''  118 deg.27'43.
                                                                     6''
C.......................................  33 deg.57'48.6                
                                                      ''  118 deg.27'48.
                                                                     8''
D.......................................  33 deg.57'29.8                
                                                      ''  118 deg.27'34.
                                                                     7''
E.......................................  33 deg.57'30.9                
                                                      ''  118 deg.27'29.
                                                                     1''
F.......................................  33 deg.57'37.4                
                                                      ''  118 deg.27'33.
                                                                     8''
G.......................................  33 deg.57'42.4                
                                                      ''  118 deg.27'23.
                                                                     0''
H.......................................  33 deg.57'50.6                
                                                      ''  118 deg.27'28.
                                                                     3''
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within the area at 
any time without permission except in an emergency.
    (2) Dredging, dragging, seining, or other fishing operations which 
might foul underwater installations within the area are prohibited.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.205  Suisun Bay, San Joaquin River, Sacramento River, and connecting waters, CA.

    (a) San Joaquin River Deep Water Channel between Suisun Bay and the 
easterly end of the channel at Stockton; use, administration and 
navigation--(1) Maximum speed. The maximum speed for all ocean-going 
craft shall not exceed 10 miles per hour above the lower end of New York 
Slough, seven miles per hour above Criminal Point, or five miles per 
hour while passing any wharf, dock, or moored craft. As used in this 
paragraph, the speed of a vessel when navigating with the current shall 
be its rate of movement in excess of the velocity of the current.
    (2) Passing. All craft passing other boats, barges, scows, etc., in 
motion, moored or anchored, shall slow down and take every necessary 
precaution to avoid damage.
    (3) Right of way. (i) United States dredges, tugs, launches, derrick 
boats, and similar plant of contractors executing river and harbor 
improvement work for the United States, and displaying the signals 
prescribed by the regulations contained in Part 80 of this chapter shall 
have the right of way and other craft shall exercise special caution to 
avoid interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractors' plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
passing, and must lift both spuds and the ladder, and pull clear, if an 
adequate width of clear channelway cannot otherwise be provided. Ocean-
going vessels may show at the masthead a black ball not more than 20 
inches in diameter as a signal to the dredge, and may also blow five 
long blasts of the whistle when within reasonable hearing distance of 
the dredge, such signal to be followed at the proper time by

[[Page 561]]

the passing signal described in the local pilot rules. The dredge shall 
promptly acknowledge both signals in the usual manner.
    (ii) Light-draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right of way to such vessels by making use 
of the shallower portions of the waterway.
    (iii) Rafts and tows must promptly give the channel side demanded 
upon proper signal by a vessel, and must be handled in such a manner as 
not to obstruct or interfere with the free use of the waterway by other 
craft.
    (4) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin must, if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved anchorage 
ground, or if in such condition that beaching is necessary, they shall 
be temporarily beached on the northwest side of Mandeville Island or in 
the Old River.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Wrecks. In no case following accidents of fire or collision will 
a vessel be allowed to remain either anchored or grounded in the 
channel, or beached at any place where it endangers other vessels, while 
settlement is pending with the underwriters.
    (6) Other laws and regulations. In all other respects, the existing 
Federal laws and rules and regulations affecting navigable waters of the 
United States will govern in this channel.
    (b) Sacramento Deep Water Ship Channel between Suisun Bay and 
easterly end of Turning Basin at West Sacramento; use, administration, 
and navigation--(1) Maximum speed for all ocean going craft--(i) Between 
Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a 
current of two knots or more, the maximum speed over the bottom shall 
not exceed 8 knots. When going with the current, in slack water, or 
against a current of two knots or less, the maximum speed through the 
water shall not exceed 10 knots.
    (ii) Between Rio Vista Bridge and Port of Sacramento. When going 
against a current of two knots or more, the maximum speed over the 
bottom shall not exceed 5 knots. When going with the current, in slack 
water, or against a current of two knots or less, the maximum speed 
through the water shall not exceed 7 knots.
    (iii) Speed past docks or moored craft. Within 550 feet of the 
centerline of the channel the speed shall be the minimum required to 
maintain steerageway; wind, tide, current, etc., being taken into 
consideration.
    (iv) Passing. All craft passing other boats, barges, scows, etc., 
underway, moored or anchored, shall take every necessary precaution to 
avoid damage.
    (v) Speed, high-water precautions. When passing another vessel 
(underway, anchored, or tied up); a wharf or other structure; work under 
construction; plant engaged in river and harbor improvement; levees 
withstanding flood waters; buildings partially or wholly submerged by 
high water; or any other structure liable to damage by collision, 
suction or wave action; vessels shall give as much leeway as 
circumstances permit and reduce their speed sufficiently to preclude 
causing damage to the vessel or structure being passed. As deemed 
necessary for public safety during high river stages, floods, or other 
emergencies, the District Commander may prescribe, by navigation 
bulletins or other means, the limiting speed in knots or temporarily 
close the waterway or any reach of it to traffic. Since this 
subparagraph pertains directly to the manner in which vessels are 
operated, masters of vessels shall be held responsible for strict 
observance and full compliance herewith.
    (2) Right of way. (i) Dredges, tugs, launches, derrick boats and 
other similar equipment, executing river and harbor improvement work for 
the United States, and displaying the signals prescribed by the 
regulations contained in Part 80, of this Chapter, shall have the right-
of-way and other craft shall exercise special caution to avoid 
interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractor's plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
passing, and must lift both spuds and the ladder, and pull clear, if an 
adequate width of clear

[[Page 562]]

channelway cannot otherwise be provided.
    (ii) Vessels intending to pass dredges or other types of floating 
plant working in navigable channels, when within a reasonable distance 
therefrom and not in any case over a mile, shall indicate such intention 
by one long blast of the whistle, and shall be directed to the proper 
side for passage by the sounding, by the dredge or other floating plant, 
of the signal prescribed in the inland pilot rules for vessels underway 
and approaching each other from opposite directions, which shall be 
answered in the usual manner by the approaching vessel. If the channel 
is not clear, the floating plant shall sound the alarm or danger signal 
and the approaching vessel shall slow down or stop and await further 
signal from the plant.
    (iii) When the pipeline from a dredge crosses the channel in such a 
way that an approaching vessel cannot pass safely around the pipeline or 
dredge, there shall be sounded immediately from the dredge the alarm or 
danger signal and the approaching vessel shall slow down or stop and 
await further signal from the dredge. The pipeline shall then be opened 
and the channel cleared as soon as practicable; when the channel is 
clear for passage the dredge shall so indicate by sounding the usual 
passing signal as prescribed in paragraph (c)(2)(ii) of this section. 
The approaching vessel shall answer with a corresponding signal and pass 
promptly.
    (iv) When any pipeline or swinging dredge shall have given an 
approaching vessel or tow the signal that the channel is clear, the 
dredge shall straighten out within the cut for the passage of the vessel 
or tow.
    (v) Shallow draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right-of-way to such vessels by making use 
of the shallower portions of the waterway, wherever possible.
    (vi) Tows should promptly give the channel side requested by proper 
signal from a vessel, and should be handled in such a manner as not to 
obstruct or interfere with the free use of the waterway by other craft.
    (3) Obstruction of traffic. (i) Except as provided in paragraph 
(c)(2) of this section no person shall willfully or carelessly obstruct 
the free navigation of the waterway, or delay any vessel having the 
right to use the waterway.
    (ii) No vessel shall anchor within the channel except in distress or 
under stress of weather. Any vessel so anchored shall be moved as 
quickly as possible to such anchorage as will leave the channel clear 
for the passage of vessels.
    (iii) Motorboats, sailboats, rowboats, and other small craft shall 
not anchor or drift in the regular ship channel except under stress of 
weather or in case of breakdown. Such craft shall be so operated that 
they will not interfere with or endanger the movement of commercial or 
public vessels.
    (4) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin, must if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved anchorage 
ground, or if in such condition that beaching is necessary, they shall 
be temporarily beached on the southwest side of Ryer Island from Mile 
15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Marine accidents. Masters, mates, pilots, owners, or other 
persons using the waterway to which this paragraph applies shall notify 
the Commander, 12th U.S. Coast Guard District and in the case of 
undocumented vessels, the State Division of Small Craft Harbors also, by 
the most expeditious means available of all marine accidents, such as 
fire, collision, sinking or stranding, where there is possible 
obstruction of the channel or interference with navigation or where 
damage to Government property is involved, furnishing a clear statement 
as to the name, address, and ownership of the vessel or vessels 
involved, the time and place, and the action taken. In all cases, the 
owner of the sunken vessel shall take immediate steps to mark the wreck 
properly.
    (6) Other laws and regulations. In all other respects, existing 
Federal laws and rules and regulations affecting

[[Page 563]]

navigable waters of the United States will govern in this channel.
    (c) Sacramento River, Decker Island Restricted Anchorage for Vessels 
of the U.S. Government-- (1) The anchorage ground. An elongated area in 
the Sacramento River bounded on the west by the shore of Decker Island 
and the following lines: Beginning on the shore at Decker Island North 
End Light at latitude 38 deg.06'16'' N., longitude 121 deg.42'32.5'' W.; 
thence easterly to latitude 38 deg.06'15'' N., longitude 121 deg.42'27'' 
W.; thence southerly to latitude 38 deg.05'22'' N., longitude 
121 deg.42'30'' W.; thence southwesterly to latitude 38 deg.05'08'' N., 
longitude 121 deg.42'40'' W.; thence west southwesterly to latitude 
38 deg.05'02'' N., longitude 121 deg.42'50'' W.; thence northwesterly to 
the shore of Decker Island at latitude 38 deg.05'04'' N., longitude 
121 deg.42'52.5'' W.
    (2) Special Regulation. No Vessel or other craft except those owned 
by or operating under contract with the United States may navigate or 
anchor within 50 feet of any moored Government vessel in the area. 
Commercial and pleasure craft shall not moor to buoys or chains of 
Government vessels, nor may they, while moored or underway, obstruct the 
passage of Government or other vessels through the area.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84-07, 51 
FR 12318, Apr. 10, 1986; CGD11-94-007, 60 FR 16796, Apr. 3, 1995]



Sec. 162.210  Lake Tahoe, Calif.; restricted areas along south shore.

    (a) The areas--(1) Baldwin Beach, under the control of the Forest 
Service, Department of Agriculture. The waters of Lake Tahoe shoreward 
of a line described as follows: Beginning at the intersection of the 
high waterline with the west boundary line of Lot 2, Section 26, 
Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo 
Meridian); thence north 300 feet; thence southeasterly about 2,850 feet 
to the east line of Section 26 at a point 300 feet north of the high 
waterline; thence northeasterly 1,740 feet to a point 300 feet north of 
the high waterline; thence southeasterly about 1,810 feet to the 
projected east line of the former Baldwin property at a point 300 feet 
north of the high waterline; and thence south 300 feet to the high 
waterline.
    (2) Camp Richardson, under the control of the Forest Service, 
Department of Agriculture. The waters of Lake Tahoe shoreward of a line 
described as follows: Beginning at the southeasterly corner of sec. 25, 
T. 13 N., R. 17 E., Mount Diablo Base and Meridian; thence north 410 
feet along the east line of sec. 25; thence northwesterly 95 feet to the 
high waterline which is the true point of beginning; thence north 130 
feet; thence southeasterly 565 feet; and thence south 130 feet to the 
high waterline.
    (3) Pope Beach, under the control of the Forest Service, Department 
of Agriculture. The waters of Lake Tahoe shoreward of a line described 
as follows: Beginning at the intersection of the high waterline with the 
west line of the former Pope property, about 750 feet westerly of the 
west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo 
Base Line), Range 18 East (Mount Diablo Meridian); thence north 300 
feet; thence southeasterly 4,200 feet to a point 300 feet north of the 
high waterline; and thence south 300 feet to the high waterline.
    (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with the west boundary line of Lot 1, Section 32, Township 13 
North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); 
thence north 500 feet; thence northeasterly about 1,350 feet to the 
projected east line of Lot 1 at a point 500 feet north of the high 
waterline; and thence south 500 feet to the high waterline.
    (b) The regulations. No sail or machine-propelled watercraft, except 
vessels owned or controlled by the U.S. Coast Guard, shall navigate or 
anchor in the restricted area.



Sec. 162.215  Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.

    (a) The restricted area. The waters of Lake Tahoe shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with a line projected in a general southerly direction 200 
feet from a point lying 310 feet west of section corner common to

[[Page 564]]

section 15, 16, 21, and 22, Township 13 North (Mount Diablo Base Line), 
Range 18 East (Mount Diablo Meridian); thence 300 feet lakeward at right 
angles to the high waterline; thence southeasterly approximately 2,170 
feet to the projected south boundary line of the Forest Service property 
at a point 300 feet west of the high waterline; and thence east 300 feet 
to the high water line.
    (b) The regulations. No sail or motor propelled watercraft, except 
vessels owned or controlled by the United States Government and vessels 
duly authorized by the United States Coast Guard, shall navigate or 
anchor in the restricted area.



Sec. 162.220  Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev.

    (a) Lake Mead and Lake Mohave; restricted areas--(1) The areas. That 
portion of Lake Mead extending 700 feet upstream of the axis of Hoover 
Dam and that portion of Lake Mohave (Colorado River) extending 4,500 
feet downstream of the axis of Hoover Dam.
    (2) The regulations. The restricted areas shall be closed to 
navigation and other use by the general public. Only vessels owned by or 
controlled by the U.S. Government and the States of Arizona and Nevada 
shall navigate or anchor in the restricted areas: Provided, however, The 
Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City, 
Nev., may authorize, by written permit, individuals or groups to 
navigate or anchor in the restricted areas when it is deemed in the 
public interest. Copies of said permits shall be furnished the enforcing 
agencies.
    (b) Lake Mead; speed regulation. In that portion of Lake Mead 
extending 300 feet upstream of the restricted area described in 
paragraph (a) of this section, a maximum speed of 5 miles per hour shall 
not be exceeded.
    (c) Supervision. The regulations in this section shall be supervised 
by the District Commander, Eleventh Coast Guard District.



Sec. 162.225  Columbia and Willamette Rivers, Washington and Oregon; administration and navigation.

    (a) Supervision. The District Commander, Thirteenth Coast Guard 
District, has certain administrative supervision over the Columbia and 
Willamette Rivers, and is charged with the enforcement under his 
direction of emergency regulations to govern navigation of these 
streams.
    (b) Speed. During very high water stages (usually 25 feet or more on 
the Vancouver, Washington, gage) when lives, floating plant or major 
shore installations are endangered, the District Commander shall have 
authority to prescribe such temporary speed regulations as he may deem 
necessary for the public safety. During critical periods of freshets 
under 25 feet on the Vancouver, Washington, gage when construction is in 
progress, rehabilitation, or other unusual emergency makes a major shore 
installation susceptible to loss or major damage from wave action, the 
District Commander shall have authority to prescribe for a particular 
limited reach of the river as appropriate such temporary speed 
regulations as he may deem necessary to protect the integrity of such 
structure. All speed regulations prescribed by the District Commander 
shall be obeyed for the duration of the emergency and shall be 
terminated at the earliest practicable time that improved stream 
conditions permit.



Sec. 162.230  Columbia River, Wash.

    (a) Grand Coulee Dam discharge channel; restricted area--(1) The 
area. That portion of the Columbia River between Grand Coulee Dam 
(situated at river mile 596.6) and river mile 593.7.
    (2) The regulations. (i) No vessel shall enter or navigate within 
the area without permission from the enforcing agency.
    (ii) The regulation in this section shall be enforced by the Chief, 
Power Field Division, Columbia Basin Project, U.S. Department of the 
Interior, Coulee Dam, Washington.

[[Page 565]]



Sec. 162.235  Puget Sound Area, Wash.

    (a) Waterway connecting Port Townsend and Oak Bay; use, 
administration, and navigation--(1) Works to which regulations apply. 
The ``canal grounds'' when used in this paragraph shall mean that area 
between the south end of the jetties in Oak Bay and the northerly end of 
the dredge channel approximately 400 yards northwest of Port Townsend 
Canal Light. The ``canal'' is the water lying between these limits and 
the banks containing the same.
    (2) Speed. The speed limit within the canal grounds shall not exceed 
five miles per hour.
    (3) Signals. All boats desiring to use the canal shall give one long 
and one short whistle. Southbound boats shall sound the signal within 
600 yards of Port Townsend Canal Light. Northbound boats shall sound 
this signal at least 500 feet south from the end of the jetties in Oak 
bay. If no other boat answers the signal the first boat shall have the 
right of way through the canal. Any approaching boat that is in the 
canal shall answer by giving the same signal and the first boat shall 
not enter the canal until the second boat shall have passed through the 
canal. In the case of boats going in the same direction the boat which 
is in the canal shall not answer the signal of the boat desiring to 
enter.
    (4) Passing. Steamers shall not under any circumstances attempt to 
pass each other in the canal, either when going in the same or opposite 
directions.
    (5) Anchoring. No steamers or boats shall anchor or tie up within 
the canal grounds unless they are well over on the tide flats to the 
west of the dredged channel, and off the right of way belonging to the 
United States.
    (6) Tows. No tow shall enter or pass through the canal with a 
towline more than 200 in length.
    (7) Delaying traffic. No person shall cause or permit any vessel or 
boat of which he is in charge, or on which he is employed, to obstruct 
the canal in any way or delay in passing through it.
    (b) West Waterway, Seattle Harbor; navigation. (1) The movement of 
vessels of 250 gross tons or over and all vessels with tows of any kind 
through the narrow section of West Waterway between the bend at Fisher's 
Flour Mill dock and the bend at the junction of East Waterway with 
Duwamish Waterway, and through the draws of the City of Seattle and 
Northern Pacific Railway Company bridges crossing this narrow section, 
shall be governed by red and green traffic signal lights mounted on the 
north and south sides of the west tower of the City Light power crossing 
at West Spokane Street.
    (2) Two green lights, one vertically above the other, displayed 
ahead of a vessel, shall indicate that the waterway is clear. Two red 
lights, one vertically above the other, displayed ahead of a vessel, 
shall indicate that the waterway is not clear.
    (3) A vessel approaching the narrow section and drawbridges from 
either end of the waterway shall give one long blast of a whistle and 
shall not enter the narrow section until green lights are displayed.
    (4) One vessel may follow another vessel in either direction, but 
the channel shall not be kept open in the same direction for an 
unreasonable time if a vessel is waiting at the other end.
    (5) Tugs, launches, and small craft shall keep close to one side of 
the channel when vessels or boats with tows are passing.
    (6) All craft shall proceed with caution. The display of a green 
light is not a guarantee that the channel is clear of traffic, and 
neither the United States nor the City of Seattle will be responsible 
for any damage to vessels or other property which may be chargeable to 
mistakes in the operation of the signal lights or to their failure to 
operate.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.240  Tongass Narrows, Alaska; navigation.

    (a) Definitions. The term ``Tongass Narrows'' includes the body of 
water lying between Revillagigedo Channel and Guard Island in Clarence 
Strait.
    (b) No vessel shall exceed a speed of seven knots between Idaho Rock 
and Charcoal Point.
    (c) No vessel shall while moored or at anchor, or by slow passage or 
otherwise while underway, unreasonably obstruct

[[Page 566]]

the free passage and progress of other vessels.
    (d) No vessel shall moor or anchor to any structure of the United 
States other than mooring piers, wharves, and floats without the consent 
of the Captain of the Port, Southeast Alaska. The office of the Captain 
of the Port, Southeast Alaska, is located in Juneau, Alaska.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-217, 43 
FR 60458, Dec. 28, 1978; CGD 82-039, 47 FR 27266, June 24, 1982]



Sec. 162.245  Kenai River, Kenai, Alaska; use, administration, and navigation.

    (a) The area. The main channel area of the river, having a width of 
150 feet, beginning at a point directly offshore from the centerline of 
the city dock and extending about 2,200 feet upstream to a point 200 
feet upstream from the Inlet Co. dock.
    (b) The regulations. (1) Vessels may navigate, anchor, or moor 
within the area until such time as notification is received or 
observation is made of intended passage to or from the docking areas.
    (2) Notice of anticipated passage of towboats and barges shall be 
indicated 24 hours in advance by display of a red flag by the Inlet Co. 
from its warehouse.



Sec. 162.250  Port Alexander, Alaska; speed of vessels.

    (a) Definition. The term ``Port Alexander'' includes the entire 
inlet from its head to its entrance from Chatham Strait.
    (b) Speed. The speed of all vessels of 5 tons or more gross, ships 
register, shall not exceed 3 miles per hour either in entering, leaving, 
or navigating within Port Alexander, Alaska.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 
FR 27266, June 24, 1982]



Sec. 162.255  Wrangell Narrows, Alaska; use, administration, and navigation.

    (a) Definitions. (1) The term ``Wrangell Narrows'' includes the 
entire body of water between Wrangell Narrows North Entrance Lighted 
Bell Buoy 63 and Midway Rock Light.
    (2) The term ``raft section'' refers to a standard raft of logs or 
piling securely fastened together for long towing in Alaska inland 
waters in the manner customary with the local logging interests, i.e., 
with booms, swifters, and tail sticks. It normally contains 30,000 to 
70,000 feet board measure of logs or piling and has a width of 45 to 60 
feet and a length of 75 to 100 feet.
    (b) Speed restrictions. No vessel shall exceed a speed of seven (7) 
knots in the vicinity of Petersburg, between Wrangell Narrows Channel 
Light 58 and Wrangell Narrows Lighted Buoy 60.
    (c) Tow channel. The following route shall be taken by all tows 
passing through Wrangell Narrows when the towboat has a draft of 9 feet 
or less (northbound, read down; southbound, read up):

East of Battery Islets:
    East of Tow Channel Buoy 1 TC.
    East of Tow Channel Buoy 3 TC.
    West of Tow Channel Buoy 4 TC.
East of Colorado Reef:
    East of Wrangell Narrows Channel Light 21.
    West of Wrangell Narrows Channel Lighted Buoy 25.
    East of Tow Channel Buoy 5 TC.
    East of Tow Channel Buoy 7 TC.
West of Petersburg:
    East of Wrangell Narrows Channel Light 54 Fr.
    East of Wrangell Narrows Channel Light 56 Qk FR.
    East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to 
west side of channel and leaving Wrangell Narrows by making passage 
between Wrangell Narrows Channel Daybeacon 61 and Wrangell Narrows North 
Entrance Lighted Bell Buoy 63 F.

    (d) Size of tows. The maximum tows permitted shall be one pile 
driver, or three units of other towable equipment or seven raft 
sections.
    (e) Arrangement of tows. (1) No towline or aggregate of towlines 
between towboat and separated pieces shall exceed 150 feet in length.
    (2) Raft and barge tows of more than one unit shall not exceed 65 
feet in width overall. Single barge tows shall not exceed 100 feet in 
width overall.
    (3) Tows other than rafts shall be taken alongside the towboat 
whenever possible.
    (f) Anchorage. Vessels may anchor in the anchorage basin in the 
vicinity of Anchor Point. No craft or tow shall be

[[Page 567]]

anchored in Wrangell Narrows in either the main ship channel or the 
towing channel, nor shall any craft or tow be anchored so that it can 
swing into either of these channels.
    (g) Disabled craft. Disabled craft in a condition of absolute 
necessity are exempt from the regulations in this section.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 
FR 27266, June 24, 1982; CGD 94-026, 60 FR 63624, Dec. 12, 1995]



Sec. 162.260  Channel leading to San Juan Harbor, P.R.; use, administration, and navigation.

    (a) Steamers passing dredge engaged in improving the channel shall 
not have a speed greater than 4 miles an hour, and the propelling 
machinery shall be stopped when crossing the lines to the dredge 
anchors.
    (b) Vessels using the channel shall pass the dredge on the side 
designated from the dredge by the signals prescribed in paragraph (c) of 
this section.
    (c) Dredge shall display the red flag by day and four white lights 
hung in a vertical line by night to indicate the passing side.
    (d) Vessels shall not anchor on the ranges of stakes or other marks 
placed for the guidance of the dredge, nor in such a manner as to 
obstruct the channel for passing vessels.
    (e) Vessels shall not run over or disturb stake, lanterns, or other 
marks placed for the guidance of the dredge.
    (f) Dredges working in the prosecution of the work shall not 
obstruct the channel unnecessarily.
    (g) The dredge will slack lines running across the channel from the 
dredge on the passing side, for passing vessels, when notified by 
signal, with whistle or horn.
    (h) The position of anchors of the dredge shall be marked by buoys 
plainly visible to passing vessels.



Sec. 162.270  Restricted areas in vicinity of Maritime Administration Reserve Fleets.

    (a) The regulations in this section shall govern the use and 
navigation of waters in the vicinity of the following National Defense 
Reserve Fleets of the Maritime Administration, Department of 
Transportation:
    (1) James River Reserve Fleet, Fort Eustis, Virginia.
    (2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.
    (3) Suisun Bay Reserve Fleet near Benicia, California.
    (b) No vessels or other watercraft, except those owned or controlled 
by the United States Government, shall cruise or anchor between Reserve 
Fleet units within 500 feet of the end vessels in each Reserve Fleet 
unit, or within 500 feet of the extreme units of the fleets, unless 
specific permission of do so has first been granted in each case by the 
enforcing agency.
    (c) The regulations in this section shall be enforced by the 
respective Fleet Superintendents and such agencies as they may 
designate.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51 
FR 43742, Dec. 4, 1986]



PART 163--TOWING OF BARGES--Table of Contents




Sec.
163.01  Application.
163.05  Tows of seagoing barges within inland waters.
163.20  Bunching of tows.

    Authority: 33 U.S.C. 152, 2071; 49 CFR l.46.



Sec. 163.01   Application.

    (a) The regulations in this part apply to vessels navigating the 
harbors, rivers, and inland waters of the United States, except the 
Great Lakes and their connecting and tributary waters as far east as 
Montreal, the Red River of the North, the Mississippi River and its 
tributaries above Huey P. Long Bridge, and that part of the Atchafalaya 
River above its junction with the Plaquemine-Morgan City alternate 
waterway.
    (b) Seagoing barges and their towing vessels shall be subject to the 
requirements in this part under the provisions of section 14 of the Act 
of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33 
U.S.C. 152). Under the provisions of section 15 of the Act of May 28, 
1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for 
use of an unlawful towline shall be an action against the master of the 
towing vessel

[[Page 568]]

seeking the suspension or revocation of his license.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR 
13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26, 
1981]



Sec. 163.05   Tows of seagoing barges within inland waters.

    (a) The tows of seagoing barges when navigating the inland waters of 
the United States shall be limited in length to five vessels, including 
the towing vessel or vessels.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 163.20   Bunching of tows.

    (a) In all cases where tows can be bunched, it should be done.
    (b) Tows navigating in the North and East Rivers of New York must be 
bunched above a line drawn between Robbins Reef Light and Owls Head, 
Brooklyn, but the quarantine anchorage and the north entrance to Ambrose 
Channel shall be avoided in the process of bunching tows.
    (c) Tows must be bunched above the mouth of the Schuylkill River, 
Pa.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64-21, 29 FR 
5733, Apr. 30, 1964. Redesignated by CGD 81-017, 46 FR 28154, May 26, 
1981]



PART 164--NAVIGATION SAFETY REGULATIONS--Table of Contents




Sec.
164.01  Applicability.
164.02  Applicability exception for foreign vessels.
164.03  Incorporation by reference.
164.11  Navigation under way: General.
164.13  Navigation underway: tankers.
164.15  Navigation bridge visibility.
164.19  Requirements for vessels at anchor.
164.25  Tests before entering or getting underway.
164.30  Charts, publications, and equipment: General.
164.33  Charts and publications.
164.35  Equipment: All vessels.
164.37  Equipment: Vessels of 10,000 gross tons or more.
164.38  Automatic radar plotting aids (ARPA).
164.39  Steering gear: Foreign tankers.
164.40  Devices to indicate speed and distance.
164.41  Electronic position fixing devices.
164.42  Rate of turn indicator.
164.43  Automatic Identification System Shipborne Equipment.
164.51  Deviations from rules: Emergency.
164.53  Deviations from rules and reporting: Non-operating equipment.
164.55  Deviations from rules: Continuing operation or period of time.
164.61  Marine casualty reporting and record retention.
164.70  Definitions.
164.72  Navigational-safety equipment, charts or maps, and publications 
          required on towing vessels.
164.74  Towline and terminal gear for towing astern.
164.76  Towline and terminal gear for towing alongside and pushing 
          ahead.
164.78  Navigation under way: Towing vessels.
164.80  Tests and inspections.
164.82  Maintenance, failure, and reporting.

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46. 
Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued 
under 46 U.S.C. 6101.



Sec. 164.01  Applicability.

    (a) This part (except as specifically limited herein) applies to 
each self-propelled vessel of 1600 or more gross tons (except foreign 
vessels described in Sec. 164.02) when it is operating in the navigable 
waters of the United States except the St. Lawrence Seaway.
    (b) Sections 164.70 through 164.82 of this part apply to each towing 
vessel of 12 meters (39.4 feet) or more in length operating in the 
navigable waters of the United States other than the St. Lawrence 
Seaway; except that a towing vessel is exempt from the requirements of 
Sec. 164.72 if it is--
    (1) Used solely within a limited geographic area, such as a 
fleeting-area for barges or a commercial facility, and used solely for 
restricted service, such as making up or breaking up larger tows;
    (2) Used solely for assistance towing as defined by 46 CFR 10.103;
    (3) Used solely for pollution response; or
    (4) Any other vessel exempted by the Captain of the Port (COTP). The 
COTP, upon written request, may, in writing, exempt a vessel from 
Sec. 164.72 for a specified route if he or she decides that exempting it 
would not allow its unsafe

[[Page 569]]

navigation under anticipated conditions.

[CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94-020, 61 FR 
35072, July 3, 1996]



Sec. 164.02  Applicability exception for foreign vessels.

    (a) This part (including Secs. 164.38 and 164.39) does not apply to 
vessels that:
    (1) Are not destined for, or departing from, a port or place subject 
to the jurisdiction of the United States; and
    (2) Are in:
    (i) Innocent passage through the territorial sea of the United 
States; or
    (ii) Transit through navigable waters of the United States which 
form a part of an international strait.

[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR 
54039, Aug. 14, 1980]



Sec. 164.03  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is on file at the Office 
of the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC, and at the Office of Vessel Traffic Management (G-MOV), 
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-
0001 and is available from the sources indicated in paragraph (b) of 
this section.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are as follows:

American Petroleum Institute (API), 1220 L Street NW.,                  
 Washington, DC 20005                                                   
  API Specification 9A, Specification for Wire Rope, Section            
   3, Properties and Tests for Wire and Wire Rope, May 28,              
   1984......................................................     164.74
American Society for Testing and Materials (ASTM), 1916 Race            
 Street, Philadelphia, PA 19103                                         
  ASTM D4268-93, Standard Test Method for Testing Fiber Ropes     164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043                
  CIA-3, Standard Test Methods for Fiber Rope Including                 
   Standard Terminations, Revised, June 1980.................     164.74
International Maritime Organization (IMO), 4 Albert                     
 Embankment, London SE1 7SR, U.K.                                       
  IMO Resolution A342(IX), Recommendation on Performance                
   Standards for Automatic Pilots, adopted November 12, 1975.     164.13
International Telecommunication Union Radiocommuni- cation              
 Bureau (ITU-R), Place de Nations CH-1211 Geneva 20                     
 Switzerland                                                            
  (1) ITU-R Recommendation M.821, Optional Expansion of the             
   Digital Selective-Calling System for Use in the Maritime             
   Mobile Service, 1992......................................     164.43
  (2) ITU-R Recommendation M.825, Characteristics of a                  
   Transponder System Using Digital Selective-Calling                   
   Techniques for Use with Vessel Traffic Services and Ship-            
   to-Ship Identification, 1992..............................     164.43
Radio Technical Commission for Maritime Services, 655                   
 Fifteenth Street, NW., Suite 300, Washington, DC 20005                 
  (1) RTCM Paper 12-78/DO-100, Minimum Performance Standards,           
   Loran C Receiving Equipment, 1977.........................     164.41
  (2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards           
   for Differential NAVSTAR GPS Service, Version 2.1, 1994...     164.43
  (3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards            
   for Marine Radar Equipment Installed on Ships of Less Than           
   300 Tons Gross Tonnage, Version 1.1, October 10, 1995.....     164.72
  (4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards             
   for Maritime Radar Equipment Installed on Ships of 300               
   Tons Gross Tonnage and Upwards, Version 1.2, December 20,            
   1993......................................................     164.72
                                                                        



[[Page 570]]

[CGD 91-203, 58 FR 27632, May 10, 1993, as amended by CGD 83-043, 60 FR 
24771, May 10, 1995; CGD 93-022, 60 FR 51734, Oct. 3, 1995; CGD 96-026, 
61 FR 33669, June 28, 1996; CGD 94-020, 61 FR 35072, July 3, 1996]



Sec. 164.11  Navigation under way: General.

    The owner, master, or person in charge of each vessel underway shall 
ensure that:
    (a) The wheelhouse is constantly manned by persons who:
    (1) Direct and control the movement of the vessel; and
    (2) Fix the vessel's position;
    (b) Each person performing a duty described in paragraph (a) of this 
section is competent to perform that duty;
    (c) The position of the vessel at each fix is plotted on a chart of 
the area and the person directing the movement of the vessel is informed 
of the vessel's position;
    (d) Electronic and other navigational equipment, external fixed aids 
to navigation, geographic reference points, and hydrographic contours 
are used when fixing the vessel's position;
    (e) Buoys alone are not used to fix the vessel's position;

    Note: Buoys are aids to navigation placed in approximate positions 
to alert the mariner to hazards to navigation or to indicate the 
orientation of a channel. Buoys may not maintain an exact position 
because strong or varying currents, heavy seas, ice, and collisions with 
vessels can move or sink them or set them adrift. Although buoys may 
corroborate a position fixed by other means, buoys cannot be used to fix 
a position: however, if no other aids are available, buoys alone may be 
used to establish an estimated position.

    (f) The danger of each closing visual or each closing radar contact 
is evaluated and the person directing the movement of the vessel knows 
the evaluation;
    (g) Rudder orders are executed as given;
    (h) Engine speed and direction orders are executed as given;
    (i) Magnetic variation and deviation and gyrocompass errors are 
known and correctly applied by the person directing the movement of the 
vessel;
    (j) A person whom he has determined is competent to steer the vessel 
is in the wheelhouse at all times;1
---------------------------------------------------------------------------

    1 See also 46 U.S.C. 8702(d), which requires an able seaman at 
the wheel on U.S. vessels of 100 gross tons or more in narrow or crowded 
waters during low visibility.
---------------------------------------------------------------------------

    (k) If a pilot other than a member of the vessel's crew is employed, 
the pilot is informed of the draft, maneuvering characteristics, and 
peculiarities of the vessel and of any abnormal circumstances on the 
vessel that may affect its safe navigation.
    (l) Current velocity and direction for the area to be transited are 
known by the person directing the movement of the vessel;
    (m) Predicted set and drift are known by the person directing 
movement of the vessel;
    (n) Tidal state for the area to be transited is known by the person 
directing movement of the vessel;
    (o) The vessel's anchors are ready for letting go;
    (p) The person directing the movement of the vessel sets the 
vessel's speed with consideration for:
    (1) The prevailing visibility and weather conditions;
    (2) The proximity of the vessel to fixed shore and marine 
structures;
    (3) The tendency of the vessel underway to squat and suffer 
impairment of maneuverability when there is small underkeel clearance;
    (4) The comparative proportions of the vessel and the channel;
    (5) The density of marine traffic;
    (6) The damage that might be caused by the vessel's wake;
    (7) The strength and direction of the current; and
    (8) Any local vessel speed limit;
    (q) The tests required by Sec. 164.25 are made and recorded in the 
vessel's log; and
    (r) The equipment required by this part is maintained in operable 
condition.
    (s) Upon entering U.S. waters, the steering wheel or lever on the 
navigating bridge is operated to determine if the steering equipment is 
operating properly under manual control, unless the vessel has been 
steered under manual control from the navigating bridge within the 
preceding 2 hours, except

[[Page 571]]

when operating on the Great Lakes and their connecting and tributary 
waters.
    (t) At least two of the steering-gear power units on the vessel are 
in operation when such units are capable of simultaneous operation, 
except when the vessel is sailing on the Great Lakes and their 
connecting and tributary waters, and except as required by paragraph (u) 
of this section.
    (u) On each passenger vessel meeting the requirements of the 
International Convention for the Safety of Life at Sea, 1960 (SOLAS 60) 
and on each cargo vessel meeting the requirements of SOLAS 74 as amended 
in 1981, the number of steering-gear power units necessary to move the 
rudder from 35 deg. on either side to 30 deg. on the other in not more 
than 28 seconds must be in simultaneous operation.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004, 49 FR 
43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, May 10, 1993; CGD 83-043, 
60 FR 24771, May 10, 1995]



Sec. 164.13  Navigation underway: tankers.

    (a) As used in this section, ``tanker'' means a self-propelled tank 
vessel, including integrated tug barge combinations, constructed or 
adapted primarily to carry oil or hazardous material in bulk in the 
cargo spaces and inspected and certificated as a tanker.
    (b) Each tanker must have an engineering watch capable of monitoring 
the propulsion system, communicating with the bridge, and implementing 
manual control measures immediately when necessary. The watch must be 
physically present in the machinery spaces or in the main control space 
and must consist of at least a licensed engineer.
    (c) Each tanker must navigate with at least two licensed deck 
officers on watch on the bridge, one of whom may be a pilot. In waters 
where a pilot is required, the second officer, must be an individual 
licensed and assigned to the vessel as master, mate, or officer in 
charge of a navigational watch, who is separate and distinct from the 
pilot.
    (d) Except as specified in paragraph (e) of this section, a tanker 
may operate with an auto pilot engaged only if all of the following 
conditions exist:
    (1) The operation and performance of the automatic pilot conforms 
with the standards recommended by the International Maritime 
Organization in IMO Resolution A.342(IX).
    (2) A qualified helmsman is present at the helm and prepared at all 
times to assume manual control.
    (3) The tanker is not operating in any of the following areas:
    (i) The areas of the traffic separation schemes specified in 
subchapter P of this chapter.
    (ii) The portions of a shipping safety fairway specified in part 166 
of this chapter.
    (iii) An anchorage ground specified in part 110 of this chapter.
    (iv) An area within one-half nautical mile of any U.S. shore.
    (e) A tanker equipped with an integrated navigation system, and 
complying with paragraph (d)(2) of this section, may use the system with 
the auto pilot engaged while in the areas described in paragraphs (d)(3) 
(i) and (ii) of this section. The master shall provide, upon request, 
documentation showing that the integrated navigation system--
    (1) Can maintain a predetermined trackline with a cross track error 
of less than 10 meters 95 percent of the time;
    (2) Provides continuous position data accurate to within 20 meters 
95 percent of the time; and
    (3) Has an immediate override control.

[CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR 
36141, July 6, 1993]



Sec. 164.15  Navigation bridge visibility.

    (a) The arrangement of cargo, cargo gear, and trim of all vessels 
entering or departing from U.S. ports must be such that the field of 
vision from the navigation bridge conforms as closely as possible to the 
following requirements:
    (1) From the conning position, the view of the sea surface must not 
be obscured by more than the lesser of two hip lengths or 500 meters 
(1640 feet) from dead ahead to 10 degrees on either side of the vessel. 
Within this arc of visibility any blind sector caused by cargo, cargo 
gear, or other permanent obstruction must not exceed 5 degrees.
    (2) From the conning position, the horizontal field of vision must 
extend

[[Page 572]]

over an arc from at least 22.5 degrees abaft the beam on one side of the 
vessel, through dead ahead, to at least 22.5 degrees abaft the beam on 
the other side of the vessel. Blind sectors forward of the beam caused 
by cargo, cargo gear, or other permanent obstruction must not exceed 10 
degrees each, nor total more than 20 degrees, including any blind sector 
within the arc of visibility described in paragraph (a)(1) of this 
section.
    (3) From each bridge wing, the field of vision must extend over an 
arc from at least 45 degrees on the opposite bow, through dead ahead, to 
at least dead astern.
    (4) From the main steering position, the field of vision must extend 
over an arc from dead ahead to at least 60 degrees on either side of the 
vessel.
    (b) A clear view must be provided through at least two front windows 
at all times regardless of weather conditions.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990]



Sec. 164.19  Requirements for vessels at anchor.

    The master or person in charge of each vessel that is anchored shall 
ensure that:
    (a) A proper anchor watch is maintained;
    (b) Procedures are followed to detect a dragging anchor; and
    (c) Whenever weather, tide, or current conditions are likely to 
cause the vessel's anchor to drag, action is taken to ensure the safety 
of the vessel, structures, and other vessels, such as being ready to 
veer chain, let go a second anchor, or get underway using the vessel's 
own propulsion or tug assistance.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.25  Tests before entering or getting underway.

    (a) Except as provided in paragraphs (b) and (c) of this section no 
person may cause a vessel to enter into or get underway on the navigable 
waters of the United States unless no more than 12 hours before entering 
or getting underway, the following equipment has been tested:
    (1) Primary and secondary steering gear. The test procedure includes 
a visual inspection of the steering gear and its connecting linkage, 
and, where applicable, the operation of the following:
    (i) Each remote steering gear control system.
    (ii) Each steering position located on the navigating bridge.
    (iii) The main steering gear from the alternative power supply, if 
installed.
    (iv) Each rudder angle indicator in relation to the actual position 
of the rudder.
    (v) Each remote steering gear control system power failure alarm.
    (vi) Each remote steering gear power unit failure alarm.
    (vii) The full movement of the rudder to the required capabilities 
of the steering gear.
    (2) All internal vessel control communications and vessel control 
alarms.
    (3) Standby or emergency generator, for as long as necessary to show 
proper functioning, including steady state temperature and pressure 
readings.
    (4) Storage batteries for emergency lighting and power systems in 
vessel control and propulsion machinery spaces.
    (5) Main propulsion machinery, ahead and astern.
    (b) Vessels navigating on the Great Lakes and their connecting and 
tributary waters, having once completed the test requirements of this 
subpart, are considered to remain in compliance until arriving at the 
next port of call on the Great Lakes.
    (c) Vessels entering the Great Lakes from the St. Lawrence Seaway 
are considered to be in compliance with this sub-part if the required 
tests are conducted preparatory to or during the passage of the St. 
Lawrence Seaway or within one hour of passing Wolfe Island.
    (d) No vessel may enter, or be operated on the navigable waters of 
the United States unless the emergency steering drill described below 
has been conducted within 48 hours prior to entry and logged in the 
vessel logbook, unless the drill is conducted and logged on a regular 
basis at least once every three months. This drill must include at a 
minimum the following:

[[Page 573]]

    (1) Operation of the main steering gear from within the steering 
gear compartment.
    (2) Operation of the means of communications between the navigating 
bridge and the steering compartment.
    (3) Operation of the alternative power supply for the steering gear 
if the vessel is so equipped.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD 83-004, 49 FR 
43466, Oct. 29, 1984]



Sec. 164.30  Charts, publications, and equipment: General.

    No person may operate or cause the operation of a vessel unless the 
vessel has the marine charts, publications, and equipment as required by 
Secs. 164.33 through 164.41 of this part.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983]



Sec. 164.33  Charts and publications.

    (a) Each vessel must have the following:
    (1) Marine charts of the area to be transited, published by the 
National Ocean Service, U.S. Army Corps of Engineers, or a river 
authority that--
    (i) Are of a large enough scale and have enough detail to make safe 
navigation of the area possible; and
    (ii) Are currently corrected.
    (2) For the area to be transited, a currently corrected copy of, or 
applicable currently corrected extract from, each of the following 
publications:
    (i) U.S. Coast Pilot.
    (ii) Coast Guard Light List.
    (3) For the area to be transited, the current edition of, or 
applicable current extract from:
    (i) Tide tables published by the National Ocean Service.
    (ii) Tidal current tables published by the National Ocean Service, 
or river current publication issued by the U.S. Army Corps of Engineers, 
or a river authority.
    (b) As an alternative to the requirements for paragraph (a) of this 
section, a marine chart or publication, or applicable extract, published 
by a foreign government may be substituted for a U.S. chart and 
publication required by this section. The chart must be of large enough 
scale and have enough detail to make safe navigation of the area 
possible, and must be currently corrected. The publication, or 
applicable extract, must singly or in combination contain similar 
information to the U.S. Government publication to make safe navigation 
of the area possible. The publication, or applicable extract must be 
currently corrected, with the exceptions of tide and tidal current 
tables, which must be the current editions.
    (c) As used in this section, ``currently corrected'' means corrected 
with changes contained in all Notices to Mariners published by Defense 
Mapping Agency Hydrographic/Topographic Center, or an equivalent foreign 
government publication, reasonably available to the vessel, and that is 
applicable to the vessel's transit.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983]



Sec. 164.35  Equipment: All vessels.

    Each vessel must have the following:
    (a) A marine radar system for surface navigation.
    (b) An illuminated magnetic steering compass, mounted in a binnacle, 
that can be read at the vessel's main steering stand.
    (c) A current magnetic compass deviation table or graph or compass 
comparison record for the steering compass, in the wheelhouse.
    (d) A gyrocompass.
    (e) An illuminated repeater for the gyrocompass required by 
paragraph (d) of this section that is at the main steering stand, unless 
that gyrocompass is illuminated and is at the main steering stand.
    (f) An illuminated rudder angle indicator in the wheelhouse.
    (g) The following maneuvering information prominently displayed on a 
fact sheet in the wheelhouse:
    (1) A turning circle diagram to port and starboard that shows the 
time and distance and advance and transfer required to alter course 90 
degrees with maximum rudder angle and constant power settings, for 
either full and half speeds, or for full and slow speeds. For vessels 
whose turning circles are essentially the same for both directions, a 
diagram showing a turning circle in one direction, with a note on the 
diagram stating that turns to port and

[[Page 574]]

starboard are essentially the same, may be substituted.
    (2) The time and distance to stop the vessel from either full and 
half speeds, or from full and slow speeds, while maintaining 
approximately the initial heading with minimum application of the 
rudder.
    (3) For each vessel with a fixed propeller, a table of shaft 
revolutions per minute for a representative range of speeds.
    (4) For each vessel with a controllable pitch propeller, a table of 
control settings for a representative range of speeds.
    (5) For each vessel that is fitted with an auxiliary device to 
assist in maneuvering, such as a bow thruster, a table of vessel speeds 
at which the auxiliary device is effective in maneuvering the vessel.
    (6) The maneuvering information for the normal load and normal 
ballast condition for:
    (i) Calm weather--wind 10 knots or less, calm sea;
    (ii) No current;
    (iii) Deep water conditions--water depth twice the vessel's draft or 
greater; and
    (iv) Clean hull.
    (7) At the bottom of the fact sheet, the following statement:

                                 warning

    The response of the (name of the vessel) may be different from that 
listed above if any of the following conditions, upon which the 
maneuvering information is based, are varied:
    (1) Calm weather--wind 10 knots or less, calm sea;
    (2) No current;
    (3) Water depth twice the vessel's draft or greater;
    (4) Clean hull; and
    (5) Intermediate drafts or unusual trim.

    (h) An echo depth sounding device.
    (i) A device that can continuously record the depth readings of the 
vessel's echo depth sounding device, except when operating on the Great 
Lakes and their connecting and tributary waters.
    (j) Equipment on the bridge for plotting relative motion.
    (k) Simple operating instructions with a block diagram, showing the 
change-over procedures for remote steering gear control systems and 
steering gear power units, permanently displayed on the navigating 
bridge and in the steering gear compartment.
    (l) An indicator readable from the centerline conning position 
showing the rate of revolution of each propeller, except when operating 
on the Great Lakes and their connecting and tributary waters.
    (m) If fitted with controllable pitch propellers, an indicator 
readable from the centerline conning position showing the pitch and 
operational mode of such propellers, except when operating on the Great 
Lakes and their connecting and tributary waters.
    (n) If fitted with lateral thrust propellers, an indicator readable 
from the centerline conning position showing the direction and amount of 
thrust of such propellers, except when operating on the Great Lakes and 
their connecting and tributary waters.
    (o) A telephone or other means of communication for relaying 
headings to the emergency steering station. Also, each vessel of 500 
gross tons and over and constructed on or after June 9, 1995 must be 
provided with arrangements for supplying visual compass-readings to the 
emergency steering station.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77-183, 45 FR 
18925, Mar. 24, 1980; CGD 83-004, 49 FR 43466, Oct. 29, 1984; CGD 83-
043, 60 FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995]



Sec. 164.37  Equipment: Vessels of 10,000 gross tons or more.

    (a) Each vessel of 10,000 gross tons or more must have, in addition 
to the radar system under Sec. 164.35(a), a second marine radar system 
that operates independently of the first.

    Note: Independent operation means two completely separate systems, 
from separate branch power supply circuits or distribution panels to 
antennas, so that failure of any component of one system will not render 
the other system inoperative.

    (b) On each tanker of 10,000 gross tons or more that is subject to 
Section 5 of the Port and Tanker Safety Act of 1978 (46 U.S.C. 391a), 
the dual radar system required by this part must have a short

[[Page 575]]

range capability and a long range capability; and each radar must have 
true north features consisting of a display that is stabilized in 
azimuth.

(Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C. 391(a); 
49 CFR 1.46(n)(4))

[CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD 79-033, 44 FR 
26741, May 7, 1979; CGD 79-033, 47 FR 34389, Aug. 9, 1982]



Sec. 164.38  Automatic radar plotting aids (ARPA).

    (a) The following definitions are used in this section--
    Bulk means material in any quantity that is shipped, stored, or 
handled without benefit of package, label, mark or count and carried in 
integral or fixed independent tanks.
    Constructed means a stage of construction where--
    (1) The keel is laid;
    (2) Construction identifiable with a specific ship begins; or
    (3) Assembly of that ship has commenced comprising at least 50 tons 
or 1 percent of the estimated mass of all structural material, whichever 
is less.
    Hazardous material means--
    (1) A flammable liquid as defined in 46 CFR 30.10-22 or a 
combustible liquid as defined in 46 CFR 30.10-15;
    (2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 
46 CFR 153, or table 4 of 46 CFR Part 154; or
    (3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 
172.101.
    Self-propelled vessel includes those combinations of pushing vessel 
and vessel being pushed ahead which are rigidly connected in a composite 
unit and are required by Rule 24(b) of the International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR Part 
81) to exhibit the lights prescribed in Rule 23 for a ``Power Driven 
Vessel Underway''.
    Tank vessel means a vessel that is constructed or adapted to carry; 
or carries, oil or hazardous materials in bulk as cargo or cargo 
residue.
    (b) An Automatic Radar Plotting Aid (ARPA) that complies with the 
standard for such devices adopted by the International Maritime 
Organization in its ``Operational Standards for Automatic Radar Plotting 
Aids'' (Appendix A), except as provided by paragraph (c) of this 
section, and that has both audible and visual alarms, must be installed 
in accordance with the following schedule:
    (1) Each self-propelled vessel, except a public vessel, of 10,000 
gross tons or more carrying oil or hazardous materials in bulk as cargo 
or in residue on the navigable waters of the United States, or which 
transfers oil or hazardous materials in any port or place subject to the 
jurisdiction of the United States, must be equipped with an ARPA.
    (2) Each tank vessel constructed before September 1, 1984, and not 
required to be ARPA equipped by paragraph (b)(1) of this section, 
operating on the navigable waters of the United States, must be equipped 
with an ARPA--
    (i) If of 40,000 gross tons or more, by January 1, 1985;
    (ii) If of 10,000 gross tons or more but less than 40,000 gross 
tons, by January 1, 1986.
    (3) Each self-propelled vessel, except when operating on the Great 
Lakes and their connecting and tributary waters, constructed before 
September 1, 1984, and that is not a tank vessel, and is not carrying 
oil or hazardous material in bulk as cargo or in residue operating on 
the navigable waters of the United States, must be equipped with an 
ARPA--
    (i) If of 40,000 gross tons or more, by September 1, 1986;
    (ii) If of 20,000 gross tons or more, but less than 40,000 gross 
tons, by September 1, 1987;
    (iii) If of 15,000 gross tons or more, but less than 20,000 gross 
tons, by September 1, 1988.
    (4) Each vessel of 10,000 gross tons or more, except when operating 
on the Great Lakes and their connecting and tributary waters, 
constructed on or after September 1, 1984 must be equipped with an ARPA.
    (c) Devices installed prior to September 1, 1984, that comply with 
the U.S. Maritime Administration's ``Collision Avoidance System 
Specification'' (Appendix B), and do not comply with the IMO standard, 
may be retained until January 1, 1991.
    (d)(1) Each device required under paragraph (b) of this section must 
have a permanently affixed label containing:

[[Page 576]]

    (i) The name and address of the manufacturer; and
    (ii) The following statement:
    ``This device was designed and manufactured to comply with the 
International Maritime Organization (IMO) `Performance Standards for 
Automatic Radar Plotting Aids (ARPA).' ''
    (2) Each device allowed under paragraph (c) of this section must 
have a permanently affixed label containing;
    (i) The name and address of the manufacturer; and
    (ii) The following statement:
    ``This device was designed and manufactured to comply with the U.S. 
Maritime Administration's `Collision Avoidance System Specification.' ''

  Appendix A to Sec. 164.38--Performance Standards For Automatic Radar 
                          Plotting Aids (ARPA)

                             1  Introduction

    1.1  The Automatic Radar Plotting Aids (ARPA) should, in order to 
improve the standard of collision avoidance at sea:
    .1  Reduce the work-load of observers by enabling them to 
automatically obtain information so that they can perform as well with 
multiple targets as they can by manually plotting a single target; and
    .2  Provide continuous, accurate and rapid situation evaluation.

    1.2  In addition to the General Requirements for Electronic 
Navigational Aids ([IMO] Res. A.281(VII)), the ARPA should comply with 
the following minimum performance standards.

                             2  Definitions

    2.1  Definitions of terms in these performance standards are given 
in Annex 1.

                        3  Performance Standards

    3.1  Detection
    3.1.1  Where a separate facility is provided for detection of 
targets, other than by the radar observer, it should have a performance 
not inferior to that which could be obtained by the use of the radar 
display.
    3.2  Acquisition
    3.2.1  Target acquisition may be manual or automatic. However, there 
should always be a facility to provide for manual acquisition and 
cancellation. ARPA with automatic acquisition should have a facility to 
suppress acquisition in certain areas. On any range scale where 
acquisition is suppressed over a certain area, the area of acquisition 
should be indicated on the display.
    3.2.2  Automatic or manual acquisition should have a performance not 
inferior to that which could be obtained by the user of the radar 
display.
    3.3  Tracking
    3.3.1  The ARPA should be able to automatically track, process, 
simultaneously display and continuously update the information on at 
least:

    .1  20 targets, if automatic acquisition is provided, whether 
automatically or manually acquired; or
    .2  10 targets, if only manual acquisition is provided.

    3.3.2  If automatic acquisition is provided, description of the 
criteria of selection of targets for tracking should be provided to the 
user. If the ARPA does not track all targets visible on the display, 
targets which are being tracked should be clearly indicated on the 
display. The reliability of tracking should not be less than that 
obtainable using manual recording of successive target positions 
obtained from the radar display.
    3.3.3  Provided the target is not subject to target swop, the ARPA 
should continue to track an acquired target which is clearly 
distinguishable on the display for 5 out of 10 consecutive scans.
    3.3.4  The possibility of tracking errors, including target swop, 
should be minimized by ARPA design. A qualitative description of the 
effects of error sources on the automatic tracking and corresponding 
errors should be provided to the user, including the effects of low 
signal to noise and low signal to clutter ratios caused by sea returns, 
rain, snow, low clouds and non-synchronous emission.
    3.3.5  The ARPA should be able to display on request at least four 
equally time-spaced past positions of any targets being tracked over a 
period of at least eight minutes.
    3.4  Display
    3.4.1  The Display may be a separate or integral part of the ship's 
radar. However, the ARPA display should include all the data required to 
be provided by a radar display in accordance with the performance 
standards for navigational radar equipment adopted by the Organization.
    3.4.2 The design should be such that any malfunction of ARPA parts 
producing information additional to information to be produced by the 
radar as required by the performance standards for navigational 
equipment adopted by IMO should not affect the integrity of the basic 
radar presentation.
    3.4.3 The display on which ARPA information is presented should have 
an effective diameter of at least 340 mm.
    3.4.4  The ARPA facilities should be available on at least the 
following range scales:

    .1  12 or 16 miles;
    .2  3 or 4 miles.

    3.4.5  There should be a positive indication of the range scale in 
use.
    3.4.6  The ARPA should be capable of operating with a relative 
motion display with

[[Page 577]]

``north-up'' and either ``head-up'' or ``course-up'' azimuth 
stabilization. In addition, the ARPA may also provide for a true motion 
display. If true motion is provided, the operator should be able to 
select for his display either true or relative motion. There should be a 
positive indication of the display mode and orientation in use.
    3.4.7  The course and speed information generated by the ARPA for 
acquired targets should be displayed in a vector or graphic form which 
clearly indicates the target's predicted motion. In this regard:

    .1  ARPA presenting predicted information in vector form only should 
have the option of both true and relative vectors;
    .2  An ARPA which is capable of presenting target course and speed 
information in graphic form, should also, on request, provide the 
target's true and/or relative vector;
    .3  Vectors displayed should be either time adjustable or have a 
fixed time-scale;
    .4  A positive indication of the time-scale of the vector in use 
should be given.

    3.4.8  The ARPA information should not obscure radar information in 
such a manner as to degrade the process of detecting targets. The 
display of ARPA data should be under the control of the radar observer. 
It should be possible to cancel the display of unwanted ARPA data.
    3.4.9  Means should be provided to adjust independently the 
brilliance of the ARPA data and radar data, including complete 
elimination of the ARPA data.
    3.4.10  The method of presentation should ensure that the ARPA data 
is clearly visible in general to more than one observer in the 
conditions of light normally experienced on the bridge of a ship by day 
and by night. Screening may be provided to shade the display from 
sunlight but not to the extent that it will impair the observer's 
ability to maintain a proper lookout. Facilities to adjust the 
brightness should be provided.
    3.4.11  Provisions should be made to obtain quickly the range and 
bearing of any object which appears on the ARPA display.
    3.4.12  When a target appears on the radar display and, in the case 
of automatic acquisition, enters within the acquisition area chosen by 
the observer or, in the case of manual acquisition, has been acquired by 
the observer, the ARPA should present in a period of not more than one 
minute an indication of the target's motion trend and display within 
three minutes the target's predicted motion in accordance with 
paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3.
    3.4.13  After changing range scales on which the ARPA facilities are 
available or resetting the display, full plotting information should be 
displayed within a period of time not exceeding four scans.
    3.5  Operational Warnings
    3.5.1  The ARPA should have the capability to warn the observer with 
a visual and/or audible signal of any distinguishable target which 
closes to a range or transits a zone chosen by the observer. The target 
causing the warning should be clearly indicated on the display.
    3.5.2  The ARPA should have the capability to warn the observer with 
a visual and/or audible signal of any tracked target which is predicted 
to close to within a minimum range and time chosen by the observer. The 
target causing the warning should be clearly indicated on the display.
    3.5.3  The ARPA should clearly indicate if a tracked target is lost, 
other than out of range, and the target's last tracked position should 
be clearly indicated on the display.
    3.5.4  It should be possible to activate or de-activate the 
operational warnings.
    3.6  Data Requirements
    3.6.1  At the request of the observer the following information 
should be immediately available from the ARPA in alphanumeric form in 
regard to any tracked target:

1. Present range to the target;
2. Present bearing of the target;.
.3  Predicted target range at the closest point of approach (CPA);
.4  Predicted time to CPA (TCPA);
.5  Calculated true course of target;
.6  Calculated true speed of target.
    3.7  Trial Manoeuvre
    3.7.1  The ARPA should be capable of simulating the effect on all 
tracked targets of an own ship manoeuvre without interrupting the 
updating of target information. The simulation should be initiated by 
the depression either of a spring-loaded switch, or of a function key, 
with a positive identification on the display.
    3.8  Accuracy
    3.8.1  The ARPA should provide accuracies not less than those given 
in paragraphs 3.8.2 and 3.8.3 for the four scenarios defined in Annex 2. 
With the sensor errors specified in Annex 3, the values given relate to 
the best possible manual plotting performance under environmental 
conditions of plus and minus ten degrees of roll.
    3.8.2  An ARPA should present within one minute of steady state 
tracking the relative motion trend of a target with the following 
accuracy values (95 percent probability values):

------------------------------------------------------------------------
                                     Relative     Relative              
          Scenario/data               course       speed      CPA (n.m.)
                                    (degrees)     (Knots)               
------------------------------------------------------------------------
1................................           11          2.8          1.6
2................................            7          0.6  ...........
3................................           14          2.2          1.8
4................................           15          1.5          2.0
------------------------------------------------------------------------

    3.8.3  An ARPA should present within three minutes of steady state 
tracking the

[[Page 578]]

motion of a target with the following accuracy values (95 percent 
probability values):

----------------------------------------------------------------------------------------------------------------
                                           Relative    Relative                              True               
              Scenario/data                 course       speed      C.P.A.       TCPA       course    True speed
                                           (degrees)    (knots)     (n.m.)      (mins)     (degrees)    (knots) 
----------------------------------------------------------------------------------------------------------------
1.......................................         3.0         0.8         0.5         1.0         7.5         1.2
2.......................................         2.3          .3  ..........  ..........         2.9          .8
3.......................................         4.4          .9          .7         1.0         3.3         1.0
4.......................................         4.6          .8          .7         1.0         2.6         1.2
----------------------------------------------------------------------------------------------------------------

    3.8.4  When a tracked target, or own ship, has completed a 
manoeuvre, the system should present in a period of not more than one 
minute an indication of the target's motion trend, and display within 
three minutes the target's predicted motion in accordance with 
paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3
    3.8.5  The ARPA should be designed in such a manner that under the 
most favorable conditions of own ship motion the error contribution from 
the ARPA should remain insignificant compared to the errors associated 
with the input sensors, for scenarios of Annex 2.
    3.9  Connexions with other equipment
    3.9.1  The ARPA should not degrade the performance of any equipment 
providing sensor inputs. The connexion of the ARPA to any other 
equipment should not degrade the performance of that equipment.
    3.10  Performance test and warnings
    3.10.1  The ARPA should provide suitable warnings of ARPA 
malfunction to enable the observer to monitor the proper operation of 
the system. Additionally test programmes should be available so that the 
overall performance of ARPA can be assessed periodically against a known 
solution.
    3.11  Equipment used with ARPA
    3.11.1  Log and speed indicators providing inputs to ARPA equipment 
should be capable of providing the ship's speed through the water.

Annex 1 to Appendix A--Definitions of Terms To Be Used Only in Connexion 
                     With ARPA Performance Standards

    Relative course--The direction of motion of a target related to own 
ship as deduced from a number of measurements of its range and bearing 
on the radar. Expressed as an angular distance from North.
    Relative speed--The speed of a target related to own ship, as 
deduced from a number of measurements of its range and bearing on the 
radar.
    True course--The apparent heading of a target obtained by the 
vectorial combination of the target's relative motion and ship's own 
motion \1\. Expressed as an angular distance from North.
---------------------------------------------------------------------------

    \1\ For the purpose of these definitions there is no need to 
distinguish between sea or ground stabilization.
---------------------------------------------------------------------------

    True speed--The speed of a target obtained by the vectorial 
combination of its relative motion and own ship's motion \1\.
    Bearing--The direction of one terrestrial point from another. 
Expressed as an angular distance from North.
    Relative motion display--The position of own ship on such a display 
remains fixed.
    True motion display--The position of own ship on such display moves 
in accordance with its own motion.
    Azimuth stabilization--Own ship's compass information is fed to the 
display so that echoes of targets on the display will not be caused to 
smear by changes of own ship's heading.
/North-up--The line connecting the center with the top of this display 
          is North.
/Head-up--The line connecting the center with the top of the display is 
          own ship heading.
/Course-up--An intended course can be set to the line connecting the 
          center with the top of the display.
    Heading--The direction in which the bow of a vessel is pointing. 
Expressed as an angular distance from North.
    Target's predicted motion--The indication on the display of a liner 
extrapolation into the future of a target's motion, based on 
measurements of the target's range and bearing on the radar in the 
recent past.
    Target's motion trend--An early indication of the target's predicted 
motion.
    Radar Plotting--The whole process of target detection, tracking, 
calculation of parameters and display of information.
    Detection--The recognition of the presence of a target.
    Acquisition--The selection of those targets requiring a tracking 
procedure and the initiation of their tracking.
    Tracking--The process of observing the sequential changes in the 
position of a target, to establish its motion.
    Display--The plan position presentation of ARPA data with radar 
data.

[[Page 579]]

    Manual--An activity which a radar observer performs, possibly with 
assistance from a machine.
    Automatic--An activity which is performed wholly by a machine.

                Annex 2 Appendix A--Operational Scenarios

    For each of the following scenarios predictions are made at the 
target position defined after previously tracking for the appropriate 
time of one or three minutes:

                               Scenario 1

    Own ship course--000 deg.
    Own ship speed--10 kt
    Target range--8 n.m.
    Bearing of target--000 deg.
    Relative course of target--180 deg.
    Relative speed of target--20 kt

                               Scenario 2

    Own ship course--000 deg.
    Own ship speed--10 kt
    Target range--1 n.m.
    Bearing of target--000 deg.
    Relative course of target--090 deg.
    Relative speed of target--10 kt

                               Scenario 3

    Own ship course--000 deg.
    Own ship speed--5 kt
    Target range--8 n.m.
    Bearing of target--045 deg.
    Relative course of target--225 deg.
    Relative speed of target--20 kt

                               Scenario 4

    Own ship course--000 deg.
    Own ship speed--25 kt
    Target range--8 n.m.
    Bearing of target--045 deg.
    Relative course of target--225 deg.
    Relative speed of target--20 kt

                  Annex 3 to Appendix A--Sensor Errors

    The accuracy figures quoted in paragraph 3.8 are based upon the 
following sensor errors and are appropriate to equipment complying with 
the Organization's performance standards for shipborne navigational 
equipment.\2\
---------------------------------------------------------------------------

    \2\In calculations leading to the accuracy figures quoted in 
paragraph 3.8, these sensor error sources and magnitudes were used. They 
were arrived at during discussions with national government agencies and 
equipment manufacturers and are appropriate to equipments complying with 
the Organization's draft performance standards for radar equipment 
(preliminary) (NAV XXII/WP.14), gyro compasses (NAV XXI/9, Annex X) and 
logs (preliminary) (NAV XXII/WP.15).
    Independent studies carried out by national government agencies and 
equipment manufacturers have resulted in similar accuracies, where 
comparisons were made.
---------------------------------------------------------------------------

    Note: o means ``standard deviation''

                                  Radar

    Target Glint (Scintillation) (for 200 m length target)
    Along length of target o = 30 m. (normal distribution)
    Across beam of target o = 1 m. (normal distribution)
    Roll-Pitch Bearing. The bearing error will peak in each of the four 
quadrants around own ship for targets on relative bearings of 045 deg., 
135 deg., 225 deg. and 315 deg. and will be zero at relative bearings of 
0 deg., 90 deg., 180 deg. and 270 deg.. This error has a sinusoidal 
variation at twice the roll frequency. For a 10 deg. roll the mean error 
is 0.22 deg. with a 0.22 deg. peak sine wave superimposed.
    Beam shape--assumed normal distribution giving bearing error with o 
= 0.05.
    Pulse shape--assumed normal distribution giving range error with o = 
20 meters.
    Antenna backlash--assumed rectangular distribution giving bearing 
error plus-minus 0.5 maximum.

                              Quantization

    Bearing--rectangular distribution plus-minus0.01 deg. 
maximum.
    Range--rectangular distribution plus-minus0.01 n.m. 
maximum.
    Bearing encoder assumed to be running from a remote synchro giving 
bearing errors with a normal distribution o = 0.03 deg.

                              Gyro compass

    Calibration error 0.5 deg..
    Normal distribution about this with o = 0.12 deg..

                                   Log

    Calibration error 0.5 kt.
    Normal distribution about this, 3 o = 0.2 kt.

   Appendix B to Sec. 164.38--U.S. Maritime Administration Collision 
                     Avoidance System Specification

    A collision system designed as a supplement to both surface search 
navigational radars via interswitching shall be installed. The system 
shall provide unattended monitoring of all radar echoes and automatic 
audio and visual alarm signals that will alert the watch officer of a 
possible threat. The display shall be contained within a console capable 
of being installed adjacent to the radar displays in the wheelhouse and 
may form a part of the bridge console.
    Provision for signal input from the ship's radars, gyro compass, and 
speed log, without modification to these equipments shall be

[[Page 580]]

made. The collision avoidance system, whether operating normally or 
having failed, must not introduce any spurious signals or otherwise 
degrade the performance of the radars, the gyro compass or the speed 
log.
    Computer generated display data for each acquired target shall be in 
the form of a line or vector indicating true or relative target course, 
speed and both present and extrapolated future positions. Data shall be 
automatically displayed on a cathode ray tube or other suitable display 
contrivance sufficiently bright and unobstructed to permit viewing by 
more than one person at a time.
    In addition to displaying the collision potential of the most 
threatening fixed and moving targets, the system shall be capable of 
simultaneously showing land masses.
    The system display shall include a heading indication and bearing 
ring. The system shall also have the capability of allowing the operator 
to select ``head-up'' and to cancel the vector or line presentation of 
any of the targets. The presentation shall be non-smearing when changing 
modes or display scales in order to permit rapid evaluation of the 
displayed data.
    Target acquisition, for display data purposes, may be manual, 
automatic or both, as specified by Owner.
    For any manual acquisition system the alarms shall be initiated by a 
preset minimum range; and likewise for any automatic acquisition system 
the alarms shall be initiated by a preset minimum acceptable passing 
distance (CPA--Closest Point of Approach) and a preset advance warning 
time (TCPA--Time to Closest Point of Approach). Means shall be provided 
to silence the audio alarm for a given threat but the alarm shall 
resound upon a subsequent threat. The visual alarm shall continue to 
operate until all threats have been eliminated. If the collision 
avoidance system fails to perform as indicated above, after the system 
is set for unattended monitoring, the system shall produce both audio 
and visual warning alarms.
    The system shall be capable of simulating a trial maneuver.
    In addition to the target display, an alpha-numeric readout shall be 
provided which can present range, bearing, course, speed, CPA and TCPA 
for any selected target, either on the target display or by other 
display means.
    The collision avoidance system shall be energized from the interior 
communications panel board in the wheelhouse.
    The collision avoidance function may be incorporated in an 
integrated conning system, provided that failure of any other integrated 
system component will not degrade the collision avoidance function.

[CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30, 1980, as 
amended by CGD 83-004, 49 FR 43467, Oct. 29, 1984]



Sec. 164.39  Steering gear: Foreign tankers.

    (a) This section applies to each foreign tanker of 10,000 gross tons 
or more, except a public vessel, that--
    (1) Transfers oil at a port or place subject to the jurisdiction of 
the United States; or
    (2) Otherwise enters or operates in the navigable waters of the 
United States, except a vessel described by Sec. 164.02 of this part.
    (b) Definitions. The terms used in this section are as follows:
    Constructed means the same as in Chapter II-1, Regulations 1.1.2 and 
1.1.3.1, of SOLAS 74.
    Existing tanker means a tanker--
    (1) For which the building contract is placed on or after June 1, 
1979;
    (2) In the absence of a building contract, the keel of which is laid 
or which is at a similar stage of construction on or after January 1, 
1980;
    (3) The delivery of which occurs on or after June 1, 1982; or
    (4) That has undergone a major conversion contracted for on or after 
June 1, 1979; or construction of which was begun on or after January 1, 
1980, or completed on or after June 1, 1982.
    Public vessel, oil, hazardous materials, and foreign vessel mean the 
same as in 46 U.S.C. 2101.
    SOLAS 74 means the International Convention for the Safety of Life 
at Sea, 1974, as amended.
    Tanker means a self-propelled vessel defined as a tanker by 46 
U.S.C. 2101(38) or as a tank vessel by 46 U.S.C. 2101(39).
    (c) Each tanker constructed on or after September 1, 1984, must meet 
the applicable requirements of Chapter II-1, Regulations 29 and 30, of 
SOLAS 74.
    (d) Each tanker constructed before September 1, 1984, must meet the 
requirements of Chapter II-1, Regulation 29.19, of SOLAS 74.
    (e) Each tanker of 40,000 gross tons or more, constructed before 
September 1, 1984, that does not meet the single-failure criterion of 
Chapter II-1, Regulation 29.16, of SOLAS 74, must meet the requirements 
of Chapter II-1, Regulation 29.20, of SOLAS 74.
    (f) Each tanker constructed before September 1, 1984, must meet the 
applicable requirements of Chapter II-1,

[[Page 581]]

Regulations 29.14 and 29.15, of SOLAS 74.

[CGD 83-043, 60 FR 24771, May 10, 1995]



Sec. 164.40  Devices to indicate speed and distance.

    (a) Each vessel required to be fitted with an Automatic Radar 
Plotting Aid (ARPA) under Sec. 164.38 must be fitted with a device to 
indicate speed and distance of the vessel either through the water, or 
over the ground. Vessels constructed prior to September 1, 1984, must 
have this equipment according to the following schedule:
    (1) Each tank vessel constructed before September 1, 1984, operating 
on the navigable waters of the United States--
    (i) If of 40,000 gross tons or more, by January 1, 1985;
    (ii) If of 10,000 gross tons or more but less than 40,000 gross 
tons, by January 1, 1986.
    (2) Each self-propelled vessel constructed before September 1, 1984, 
that is not a tank vessel, operating on the navigable waters of the 
United States--
    (i) If of 40,000 gross tons or more, by September 1, 1986;
    (ii) If of 20,000 gross tons or more, but less than 40,000 gross 
tons, by September 1, 1987;
    (iii) If of 15,000 gross tons or more, but less than 20,000 gross 
tons, by September 1, 1988.
    (b) The device must meet the following specifications:
    (1) The display must be easily readable on the bridge by day or 
night.
    (2) Errors in the indicated speed, when the vessel is operating free 
from shallow water effect, and from the effects of wind, current, and 
tide, should not exceed 5 percent of the speed of the vessel, or 0.5 
knot, whichever is greater.
    (3) Errors in the indicated distance run, when the vessel is 
operating free from shallow water effect, and from the effects of wind, 
current, and tide, should not exceed 5 percent of the distance run of 
the vessel in one hour or 0.5 nautical mile in each hour, whichever is 
greater.

[CGD 83-004, 49 FR 43467, Oct. 29, 1984]



Sec. 164.41  Electronic position fixing devices.

    (a) Each vessel calling at a port in the continental United States, 
including Alaska south of Cape Prince of Wales, except each vessel owned 
or bareboat chartered and operated by the United States, or by a state 
or its political subdivision, or by a foreign nation, and not engaged in 
commerce, must have one of the following:
    (1) A Type I or II LORAN C receiver as defined in Section 1.2(e), 
meeting Part 2 (Minimum Performance Standards) of the Radio Technical 
Commission for Marine Services (RTCM) Paper 12-78/DO-100 dated December 
20, 1977, entitled ``Minimum Performance Standards (MPS) Marine Loran-C 
Receiving Equipment''. Each receiver installed on or after June 1, 1982, 
must have a label with the information required under paragraph (b) of 
this section. If the receiver is installed before June 1, 1982, the 
receiver must have the label with the information required under 
paragraph (b) by June 1, 1985.
    (2) A satellite navigation receiver with:
    (i) Automatic acquisition of satellite signals after initial 
operator settings have been entered; and
    (ii) Position updates derived from satellite information during each 
usable satellite pass.
    (3) A system that is found by the Commandant to meet the intent of 
the statements of availability, coverage, and accuracy for the U.S. 
Coastal Confluence Zone (CCZ) contained in the U.S. ``Federal 
Radionavigation Plan'' (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-
RSPA-80-16, I). A person desiring a finding by the Commandant under this 
subparagraph must submit a written application describing the device to 
the Assistant Commandant for Operations, 2100 Second Street SW., 
Washington, DC 20593-0001. After reviewing the application, the 
Commandant may request additional information to establish whether or 
not the device meets the intent of the Federal Radionavigation Plan.

    Note: The Federal Radionavigation Plan is available from the 
National Technical Information Service, Springfield, Va. 22161, with the 
following Government Accession Numbers:


[[Page 582]]


Vol 1, ADA 116468
Vol 2, ADA 116469
Vol 3, ADA 116470
Vol 4, ADA 116471

    (b) Each label required under paragraph (a)(1) of this section must 
show the following:
    (1) The name and address of the manufacturer.
    (2) The following statement by the manufacturer:
    This receiver was designed and manufactured to meet Part 2 (Minimum 
Performance Standards) of the RTCM MPS for Marine Loran-C Receiving 
Equipment.

(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 1.46(n)(4))

[CGD 81-081, 47 FR 58244, Dec. 30, 1982, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 97-023, 
62 FR 33365, June 19, 1997]



Sec. 164.42  Rate of turn indicator.

    Each vessel of 100,000 gross tons or more constructed on or after 
September 1, 1984 shall be fitted with a rate of turn indicator.

[CGD 83-004, 49 FR 43468, Oct. 29, 1984]



Sec. 164.43  Automatic Identification System Shipborne Equipment.

    (a) Each vessel required to provide automated position reports to a 
Vessel Traffic Service (VTS) must do so by an installed Automatic 
Identification System Shipborne Equipment (AISSE) system consisting of 
a:
    (1) Twelve-channel all-in-view Differential Global Positioning 
System (dGPS) receiver;
    (2) Marine band Non-Directional Beacon receiver capable of receiving 
dGPS error correction messages;
    (3) VHF--FM transceiver capable of Digital Selective Calling (DSC) 
on the designated DSC frequency; and
    (4) Control unit.
    (b) An AISSE must have the following capabilities:
    (1) Use dGPS to sense the position of the vessel and determine the 
time of the position using Universal Coordinated Time (UTC);
    (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16 
messages, as specified in RTCM Recommended Standards for Differential 
NAVSTAR GPS Service in determining the required information;
    (3) Achieve a position error which is less than ten meters (32.8 
feet) 2 distance root mean square (2 drms) from the true North American 
Datum of 1983 (NAD 83) in the position information transmitted to a VTS;
    (4) Achieve a course error of less than 0.5 degrees from true course 
over ground in the course information transmitted to a VTS;
    (5) Achieve a speed error of less than 0.05 knots from true speed 
over ground in the speed information transmitted to a VTS;
    (6) Receive and comply with commands broadcast from a VTS as DSC 
messages on the designated DSC frequency;
    (7) Receive and comply with RTCM messages broadcast as minimum shift 
keying modulated medium frequency signals in the marine radiobeacon 
band, and supply the messages to the dGPS receiver;
    (8) Transmit the vessel's position, tagged with the UTC at position 
solution, course over ground, speed over ground, and Lloyd's 
identification number to a VTS;
    (9) Display a visual alarm to indicate to shipboard personnel when a 
failure to receive or utilize the RTCM messages occurs;
    (10) Display a separate visual alarm which is triggered by a VTS 
utilizing a DSC message to indicate to shipboard personnel that the U.S. 
Coast Guard dGPS system cannot provide the required error correction 
messages; and
    (11) Display two RTCM type 16 messages, one of which must display 
the position error in the position error broadcast.
    (c) An AISSE is considered non-operational if it fails to meet the 
requirements of paragraph (b) of this section.

    Note: Vessel Traffic Service (VTS) areas and operating procedures 
are set forth in Part 161 of this chapter.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 97-023, 62 FR 
33365, June 19, 1997]



Sec. 164.51  Deviations from rules: Emergency.

    Except for the requirements of Sec. 164.53(b), in an emergency, any 
person

[[Page 583]]

may deviate from any rule in this part to the extent necessary to avoid 
endangering persons, property, or the environment.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.53  Deviations from rules and reporting: Non-operating equipment.

    (a) If during a voyage any equipment required by this part stops 
operating properly, the person directing the movement of the vessel may 
continue to the next port of call, subject to the directions of the 
District Commander or the Captain of the Port, as provided by Part 160 
of this chapter.
    (b) If the vessel's radar, radio navigation receivers, gyrocompass, 
echo depth sounding device, or primary steering gear stops operating 
properly, the person directing the movement of the vessel must report or 
cause to be reported that it is not operating properly to the nearest 
Captain of the Port, District Commander, or, if participating in a 
Vessel Traffic Service, to the Vessel Traffic Center, as soon as 
possible.

(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 
1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]

    Editorial Note: For Federal Register citations affecting 
Sec. 164.53, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 164.55  Deviations from rules: Continuing operation or period of time.

    The Captain of the Port, upon written application, may authorize a 
deviation from any rule in this part if he determines that the deviation 
does not impair the safe navigation of the vessel under anticipated 
conditions and will not result in a violation of the rules for 
preventing collisions at sea. The authorization may be issued for 
vessels operating in the waters under the jurisdiction of the Captain of 
the Port for any continuing operation or period of time the Captain of 
the Port specifies.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.61  Marine casualty reporting and record retention.

    When a vessel is involved in a marine casualty as defined in 46 CFR 
4.03-1, the master or person in charge of the vessel shall:
    (a) Ensure compliance with 46 CFR Subpart 4.05, ``Notice of Marine 
Casualty and Voyage Records;'' and
    (b) Ensure that the voyage records required by 46 CFR 4.05-15 are 
retained for:
    (1) 30 days after the casualty if the vessel remains in the 
navigable waters of the United States; or
    (2) 30 days after the return of the vessel to a United States port 
if the vessel departs the navigable waters of the United States within 
30 days after the marine casualty.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.70  Definitions.

    For purposes of Secs. 164.72 through 164.82, the term--
    Current edition means the most recent published version of a 
publication, chart, or map required by Sec. 164.72.
    Currently corrected edition means a current or previous edition of a 
publication required by Sec. 164.72, corrected with changes that come 
from Notices to Mariners (NTMs) or Notices to Navigation reasonably 
available and that apply to the vessel's transit. Hand-annotated river 
maps from the U.S. Army Corps of Engineers (ACOE) are currently 
corrected editions if issued within the previous 5 years.
    Great Lakes means the Great Lakes and their connecting and tributary 
waters including the Calumet River as far as the Thomas J. O'Brien Lock 
and Controlling Works (between miles 326 and 327), the Chicago River as 
far as the east side of the Ashland Avenue Bridge (between miles 321 and 
322), and the Saint Lawrence River as far east as the lower exit of 
Saint Lambert Lock.
    Swing-meter means an electronic or electric device that indicates 
the rate of turn of the vessel on board which it is installed.
    Towing vessel means a commercial vessel engaged in or intending to 
engage in pulling, pushing or hauling alongside, or any combination of 
pulling, pushing, or hauling alongside.
    Western Rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational-demarcation lines dividing 
the high

[[Page 584]]

seas from harbors, rivers, and other inland waters of the United States, 
and the Port Allen-Morgan City Alternative Route, and that part of the 
Atchafalaya River above its junction with the Port Allen-Morgan City 
Alternative Route including the Old River and the Red River and those 
waters specified by Secs. 89.25 and 89.27 of this chapter, and such 
other, similar waters as are designated by the COTP.

[CGD 94-020, 61 FR 35072, July 3, 1996]



Sec. 164.72  Navigational-safety equipment, charts or maps, and publications required on towing vessels.

    (a) Except as provided by Sec. 164.01(b), each towing vessel must be 
equipped with the following navigational-safety equipment:
    (1) Marine Radar. By August 2, 1997, a marine radar that meets the 
following applicable requirements:
    (i) For a vessel of less than 300 tons gross tonnage that engages in 
towing on navigable waters of the U.S., including Western Rivers, the 
radar must meet--
    (A) The requirements of the Federal Communications Commission (FCC) 
specified by 47 CFR part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category II and stabilization Category Bravo.
    (ii) For a vessel of less than 300 tons gross tonnage that engages 
in towing seaward of navigable waters of the U.S. or more than three 
nautical miles from shore on the Great Lakes, the radar must meet--
    (A) The requirements of the FCC specified by 47 CFR part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category I and stabilization Category Alpha.
    (iii) For a vessel of 300 tons gross tonnage or more that engages in 
towing, the radar must meet RTCM Recommended Standards for Marine Radar 
Equipment Installed on Ships of 300 Tons Gross tonnage and Upwards, RTCM 
Paper 191-93/SC112-X, Version 1.2.
    (iv) A vessel with an existing radar must meet the applicable 
requirements of paragraphs (a)(1) (i) through (iii) of this section by 
August 2, 1998; except that a vessel with an existing radar must meet 
the display and stabilization requirements of paragraph (a)(1)(ii)(B) of 
this section by August 2, 2001.
    (2) Searchlight. A searchlight, directable from the vessel's main 
steering station and capable of illuminating objects at a distance of at 
least two times the length of the tow.
    (3) VHF-FM Radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80, 
to maintain a continuous listening watch on the designated calling 
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi 
River, where VHF-FM Channel 67 is the designated calling channel), and 
to separately monitor the International Distress and Calling Channel, 
VHF-FM Channel 16, except when transmitting or receiving traffic on 
other VHF-FM channels or when participating in a Vessel Traffic Service 
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 
feet (about 8 meters) or more in length, except a public vessel, must 
hold a ship-radio-station license for radio transmitters (including 
radar and EPIRBs), and each operator must hold a restricted operator's 
license or higher. To get an application for either license, call (800) 
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau, 
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
    (4) Magnetic Compass. Either--
    (i) An illuminated swing-meter or an illuminated car-type magnetic 
steering compass readable from the vessel's main steering station, if 
the vessel engages in towing exclusively on Western Rivers; or
    (ii) An illuminated card-type magnetic steering compass readable 
from the vessel's main steering station.
    (5) Echo Depth-Sounding Device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station, unless 
the vessel engages in towing exclusively on Western Rivers.

[[Page 585]]

    (6) Electronic Position-Fixing Device. An electronic position-fixing 
device, either a LORAN-C receiver or a satellite navigational system 
such as the Global Positioning System (GPS) as required by Sec. 164.41, 
if the vessel engages in towing seaward of navigable waters of the U.S. 
or more than three nautical miles from shore on the Great Lakes.
    (b) Each towing vessel must carry on board and maintain the 
following:
    (1) Charts or maps. Marine charts or maps of the areas to be 
transited, published by the National Ocean Service (NOS), the ACOE, or a 
river authority that satisfy the following requirements:
    (i) The charts or maps must be of a large enough scale and have 
enough detail to make safe navigation of the areas possible.
    (ii) The charts or maps must be either--
    (A) Current editions or currently corrected editions, if the vessel 
engages in towing exclusively on navigable waters of the U.S., including 
Western Rivers; or
    (B) Currently corrected editions, if the vessel engages in towing 
seaward of navigable waters of the U.S. or more than three nautical 
miles from shore on the Great Lakes.
    (iii) The charts or maps may be, instead of charts or maps required 
by paragraphs (b)(1) (i) and (ii) of this section, currently corrected 
marine charts or maps, or applicable extracts, published by a foreign 
government. These charts or maps, or applicable extracts, must contain 
information similar to that on the charts or maps required by paragraphs 
(b)(1) (i) and (ii) of this section, be of large enough scale, and have 
enough detail to make safe navigation of the areas possible, and must be 
currently corrected.
    (3) General publications. A currently corrected edition of, or an 
applicable currently corrected extract from, each of the following 
publications for the area to be transited:
    (i) If the vessel is engaged in towing exclusively on Western 
Rivers--
    (A) U.S. Coast Guard Light List;
    (B) Applicable Notices to Navigation published by the ACOE, or Local 
Notices to Mariners (LNMs) published by the Coast Guard, for the area to 
be transited, when available; and
    (C) River-current tables published by the ACOE or a river authority, 
if available.
    (ii) If the vessel is engaged other than in towing exclusively on 
Western Rivers--
    (A) Coast Guard Light List;
    (B) Notices to Mariners published by the Defense Mapping Agency, or 
LNMs published by the Coast Guard;
    (C) Tidal-current tables published by the NOS, or river-current 
tables published by the ACOE or a river authority:
    (D) Tide tables published by the NOS; and
    (E) U.S. Coast Pilot.
    (c) Table 164.72, following, summarizes the navigational-safety 
equipment, charts or maps, and publications required for towing vessels 
of 12 meters or more in length:

[[Page 586]]



   Table 164.72.--Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length  
----------------------------------------------------------------------------------------------------------------
                                                                                            Waters seaward of   
                                                                U.S. navigable waters    navigable waters and 3 
                                         Western rivers          other than Western     NM or more from shore on
                                                                       rivers                the Great Lakes    
----------------------------------------------------------------------------------------------------------------
Marine Radar:                                                                                                   
Towing vessels of less than 300    RTCM Paper 71-95/SC112-    RTCM Paper 71-95/SC112-   RTCM Paper 71-95/SC112- 
 GT.                                STD Version 1.1, Display   STD Version 1.1,          STD Version 1.1,       
                                    Category II \1\            Display Category II \1\   Display Category I \2\ 
                                    Stabilization Category     Stabilization Category    Stabilization Category 
                                    BRAVO.                     BRAVO.                    ALPHA.                 
Towing vessels of 300 GT or more.  RTCM Paper 191-93/SC112-X  RTCM Paper 191-93/SC112-  RTCM Paper 191-93/SC112-
                                    Version 1.2.\1\            X Version 1.2.\1\         X Version 1.2.\1\      
Searchlight......................  X........................  X.......................  X.                      
VHF-FM radio.....................  X........................  X.......................  X.                      
Magnetic compass.................  X \3\....................  X.......................  X.                      
Swing-meter......................  X \3\....................  ........................  ........................
Echo depth-sounding device.......  .........................  X.......................  X.                      
Electronic position-fixing device                                                       X.                      
Charts or maps...................  (1) Large enough scale...  (1) Large enough scale..  (1) Large enough scale. 
                                   (2) Current edition or     (2) Current edition or    (2) Currently corrected 
                                    currently corrected        currently corrected       edition.               
                                    edition.                   edition.                                         
General publications.............  (1) U.S. Coast Guard       (1) U.S. Coast Guard      (1) U.S. Coast Guard    
                                    Light List.                Light List.               Light List.            
                                   (2) Notices to Navigation  (2) Local Notices to      (2) Local Notices to    
                                    or Local Notice to         Mariners.                 Mariners.              
                                    Mariners.                                                                   
                                   (3) River-current Tables.  (3) Tidal-current Tables  (3) Tidal-current       
                                                                                         Tables.                
                                                              (4) Tide Tables.........  (4) Tide Tables.        
                                                              (5) U.S. Coast Pilot....  (5) U.S. Coast Pilot.   
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.                            
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the
  display and stabilization requirement until August 2, 2001.                                                   
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.                                       



[[Page 587]]

[CGD 94-020, 61 FR 35073, July 3, 1996]



Sec. 164.74  Towline and terminal gear for towing astern.

    (a) Towline. The owner, master, or operator of each vessel towing 
astern shall ensure that the strength of each towline is adequate for 
its intended service, considering at least the following factors:
    (1) The size and material of each towline must be--
    (i) Appropriate for the horsepower or bollard pull of the vessel;
    (ii) Appropriate for the static loads and dynamic loads expected 
during the intended service;
    (iii) Appropriate for the sea conditions expected during the 
intended service;
    (iv) Appropriate for exposure to the marine environment and to any 
chemicals used or carried on board the vessel;
    (v) Appropriate for the temperatures of normal stowage and service 
on board the vessel;
    (vi) Compatible with associated navigational-safety equipment; and
    (vii) Appropriate for the likelihood of mechanical damage.
    (2) Each towline as rigged must be--
    (i) Free of knots;
    (ii) Spliced with a thimble, or have a poured socket at its end; and
    (iii) Free of wire clips except for temporary repair, for which the 
towline must have a thimble and either five wire clips or as many wire 
clips as the manufacturer specifies for the nominal diameter and 
construction of the towline, whichever is more.
    (3) The condition of each towline must be monitored through the--
    (i) Keeping on board the towing vessel or in company files of a 
record of the towline's initial minimum breaking strength as determined 
by the manufacturer, by a classification (``class'') society authorized 
in Sec. 157.04 of this chapter, or by a tensile test that meets API 
Specification 9A, Specification for Wire Rope, Section 3; ASTM D4268-93, 
Standard Test Method for Testing Fiber Ropes; or Cordage Institute CIA 
3, Standard Test Methods for Fiber Rope Including Standard Terminations;
    (ii) If the towline is purchased from another owner, master, or 
operator of a vessel with the intent to use it as a towline or if it is 
retested for any reason, keeping on board the towing vessel or in 
company files of a record of each retest of the towline's minimum 
breaking strength as determined by a class society authorized in 
Sec. 157.04 of this chapter or by a tensile test that meets API 
Specification 9A, Section 3; ASTM D4268-93; or Cordage Institute CIA 3, 
Standard Test Methods;
    (iii) Conducting visual inspections of the towline in accordance 
with the manufacturer's recommendations, or at least monthly, and 
whenever the serviceability of the towline is in doubt (the inspections 
being conducted by the owner, master, or operator, or by a person on 
whom the owner, master, or operator confers the responsibility to take 
corrective measures appropriate for the use of the towline);
    (iv) Evaluating the serviceability of the whole towline or any part 
of the towline, and removing the whole or part from service either as 
recommended by the manufacturer or a class society authorized in 
Sec. 157.04 of this chapter or in accordance with a replacement schedule 
developed by the owner, master, or operator that accounts for at least 
the--
    (A) Nautical miles on, or time in service of, the towline;
    (B) Operating conditions experienced by the towline;
    (C) History of loading of the towline;
    (D) Surface condition, including corrosion and discoloration, of the 
towline;
    (E) Amount of visible damage to the towline;
    (F) Amount of material deterioration indicated by measurements of 
diameter and, if applicable, measurements of lay extension of the 
towline; and
    (G) Point at which a tensile test proves the minimum breaking 
strength of the towline inadequate by the standards of paragraph (a)(1) 
of this section, if necessary; and
    (v) Keeping on board the towing vessel or in company files of a 
record of the material condition of the towline when inspected under 
paragraphs (a)(3)(iii) and (iv) of this section. Once this record lapses 
for three months or

[[Page 588]]

more, except when a vessel is laid up or out of service or has not 
deployed its towline, the owner, master, or operator shall retest the 
towline or remove it from service.
    (b) Terminal gear. The owner, master, or operator of each vessel 
towing astern shall ensure that the gear used to control, protect, and 
connect each towline meets the following criteria:
    (1) The material and size of the terminal gear are appropriate for 
the strength and anticipated loading of the towline and for the 
environment;
    (2) Each connection is secured by at least one nut with at least one 
cotter pin or other means of preventing its failure;
    (3) The lead of the towline is appropriate to prevent sharp bends in 
the towline from fairlead blocks, chocks, or tackle;
    (4) There is provided a method, whether mechanical or non-
mechanical, that does not endanger operating personnel but that easily 
releases the towline;
    (5) The towline is protected from abrasion or chafing by chafing 
gear, lagging, or other means;
    (6) Except on board a vessel towing in ice on Western Rivers or one 
using a towline of synthetic or natural fiber, there is fitted a winch 
that evenly spools and tightly winds the towline; and
    (7) If a winch is fitted, there is attached to the main drum a brake 
that has holding power appropriate for the horsepower or bollard pull of 
the vessel and can be operated without power to the winch.

[CGD 94-020, 61 FR 35074, July 3, 1996]



Sec. 164.76  Towline and terminal gear for towing alongside and pushing ahead.

    The owner, master, or operator of each vessel towing alongside or 
pushing ahead shall ensure that the face wires, spring lines, and push 
gear used--
    (a) Are appropriate for the vessel's horsepower;
    (b) Are appropriate for the arrangement of the tow;
    (c) Are frequently inspected; and
    (d) Remain serviceable.

[CGD 94-020, 61 FR 35075, July 3, 1996]



Sec. 164.78  Navigation under way: Towing vessels.

    (a) The owner, master, or operator of each vessel towing shall 
ensure that each person directing and controlling the movement of the 
vessel--
    (1) Understands the arrangement of the tow and the effects of 
maneuvering on the vessel towing and on the vessel, barge, or object 
being towed;
    (2) Can fix the position of the vessel using installed navigational 
equipment, aids to navigation, geographic reference-points, and 
hydrographic contours;
    (3) Does not fix the position of the vessel using buoys alone (Buoys 
are aids to navigation placed in approximate positions either to alert 
mariners to hazards to navigation or to indicate the orientation of a 
channel. They may not maintain exact charted positions, because strong 
or varying currents, heavy seas, ice, and collisions with vessels can 
move or sink them or set them adrift. Although they may corroborate a 
position fixed by other means, they cannot fix a position; however, if 
no other aids are available, buoys alone may establish an estimated 
position.);
    (4) Evaluates the danger of each closing visual or radar contact;
    (5) Knows and applies the variation and deviation, where a magnetic 
compass is fitted and where charts or maps have enough detail to enable 
this type of correction;
    (6) Knows the speed and direction of the current, set, drift, and 
tidal state for the area to be transited; and
    (7) Proceeds at a speed prudent for the weather, visibility, traffic 
density, tow draft, possibility of wake damage, speed of the current, 
and local speed-limits.
    (b) The owner, master, or operator of each vessel towing shall 
ensure that the tests and inspections required by Sec. 164.80 are 
conducted and that the results are entered in the log or other record 
carried on board.

[CGD 94-020, 61 FR 35075, July 3, 1996]



Sec. 164.80  Tests and inspections.

    (a) The owner, master, or operator of each towing vessel of less 
than 1,600 GT shall ensure that the following tests and inspections of 
gear occur before

[[Page 589]]

the vessel embarks on a voyage of more than 24 hours or when each new 
master or operator assumes command:
    (1) Steering-systems. A test of the steering-gear-control system; a 
test of the main steering gear from the alternative power supply, if 
installed; a verification of the rudder-angle indicator relative to the 
actual position of the rudder; and a visual inspection of the steering 
gear and its linkage.
    (2) Navigational equipment. A test of all installed navigational 
equipment.
    (3) Communications. Operation of all internal vessel control 
communications and vessel-control alarms, if installed.
    (4) Lights. Operation of all navigational lights and all 
searchlights.
    (5) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (6) Propulsion systems. Visual inspection of the spaces for main 
propulsion machinery, of machinery, and of devices for monitoring 
machinery.
    (b) The owner, master, or operator of each towing vessel of 1,600 GT 
or more shall ensure that the following tests of equipment occur at the 
frequency required by Sec. 164.25 and that the following inspections of 
gear occur before the vessel embarks on a voyage of more than 24 hours 
or when each new master or operator assumes command:
    (1) Navigational equipment. Tests of onboard equipment as required 
by Sec. 164.25.
    (2) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.

[CGD 94-020, 61 FR 35075, July 3, 1996]



Sec. 164.82  Maintenance, failure, and reporting.

    (a) Maintenance. The owner, master, or operator of each towing 
vessel shall maintain operative the navigational-safety equipment 
required by Sec. 164.72.
    (b) Failure. If any of the navigational-safety equipment required by 
Sec. 164.72 fails during a voyage, the owner, master, or operator of the 
towing vessel shall exercise due diligence to repair it at the earliest 
practicable time. He or she shall enter its failure in the log or other 
record carried on board. The failure of equipment, in itself, does not 
constitute a violation of this rule; nor does it constitute 
unseaworthiness; nor does it obligate an owner, master, or operator to 
moor or anchor the vessel. However, the owner, master, or operator shall 
consider the state of the equipment--along with such factors as weather, 
visibility, traffic, and the dictates of good seamanship--in deciding 
whether it is safe for the vessel to proceed.
    (c) Reporting. The owner, master, or operator of each towing vessel 
whose equipment is inoperative or otherwise impaired while the vessel is 
operating within a Vessel Traffic Service (VTS) Area shall report the 
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each 
user of a VTS report to the Vessel Traffic Center as soon as 
practicable:
    (1) Any absence or malfunction of vessel-operating equipment for 
navigational safety, such as propulsion machinery, steering gear, radar, 
gyrocompass, echo depth-sounding or other sounding device, automatic 
dependent surveillance equipment, or navigational lighting;
    (2) Any condition on board the vessel likely to impair navigation, 
such as shortage of personnel or lack of current nautical charts or 
maps, or publications; and
    (3) Any characteristics of the vessel that affect or restrict the 
maneuverability of the vessel, such as arrangement of cargo, trim, 
loaded condition, under-keel clearance, and speed.)
    (d) Deviation and authorization. The owner, master, or operator of 
each towing vessel unable to repair within 96 hours an inoperative 
marine radar required by Sec. 164.72(a) shall so notify the Captain of 
the Port (COTP) and shall seek from the COTP both a deviation from the 
requirements of this section and an authorization for continued 
operation in the area to be transited. Failure of redundant 
navigational-safety equipment, including but not limited to failure of 
one of two installed radars, where each satisfies Sec. 164.72(a), does 
not necessitate either a deviation or an authorization.

[[Page 590]]

    (1) The initial notice and request for a deviation and an 
authorization may be spoken, but the request must also be written. The 
written request must explain why immediate repair is impracticable, and 
state when and by whom the repair will be made.
    (2) The COTP, upon receiving even a spoken request, may grant a 
deviation and an authorization from any of the provisions of 
Secs. 164.70 through 164.82 for a specified time if he or she decides 
that they would not impair the safe navigation of the vessel under 
anticipated conditions.

[CGD 94-020, 61 FR 35075, July 3, 1996]



PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of Contents




                           Subpart A--General

Sec.
165.1  Purpose of part.
165.5  Establishment procedure.
165.7  Notification.
165.8  Geographic coordinates.

                  Subpart B--Regulated Navigation Areas

165.10  Regulated navigation areas.
165.11  Vessel operating requirements (regulations).
165.13  General regulations.

                         Subpart C--Safety Zones

165.20  Safety zones.
165.23  General regulations

                        Subpart D--Security Zones

165.30  Security zones.
165.33  General regulations.

                 Subpart E--Restricted Waterfront Areas

165.40  Restricted waterfront areas.

 Subpart F--Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District

165.101  Kittery, Maine--regulated navigation area.
165.102  Security Zone: Walkers Point, Kennebunkport, ME.
165.103  Safety Zone: Portsmouth Harbor, Portsmouth, New Hampshire.
165.110  Boston Harbor, Boston, Massachusetts.
165.111  Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112  Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
165.120  Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
165.121  Safety Zone: Rhode Island Sound, Narragansett Bay, Providence 
          River.
165.122  Providence River, Providence, R.I. regulated navigation area.
165.130  Sandy Hook Bay, New Jersey--security zone.
165.140  New London Harbor, Connecticut--security zone.
165.141  Safety Zone: Sunken vessel Empire Knight, Boon Island, ME.
165.150  New Haven Harbor, Quinnipiac River, Mill River.
165.155  Northville Industries Offshore Platform, Riverhead, Long 
          Island, New York--safety zone.
165.160  New York, New Jersey, Sandy Hook Channel, Raritan Bay, Arthur 
          Kill--safety zone.
165.161  Safety Zone; Annual ``Fireworks on the Navesink'' Fireworks 
          Display, Navesink River, Red Bank, New Jersey.
165.165  Kill Van Kull, New York and New Jersey--regulated navigation 
          area.
165.166  Safety Zone; Annual Burlington Independence Day Celebration 
          Fireworks Display, Burlington Bay, Vermont.
165.167  Safety Zone; Annual Rensselaer Festival Fireworks Display, 
          Hudson River, New York.
165.170  Safety Zone; Heritage of Pride Fireworks Display, Hudson River, 
          New York.
165.174  Safety Zone; Annual South Street Seaport New Year's Eve 
          Fireworks Display, East River, New York.
165.175  Safety Zone; Annual South Street Seaport Memorial Day Fireworks 
          Display, East River, New York.
165.178  Safety Zone; Annual North Hempstead Memorial Day Fireworks 
          Display, Hempstead Harbor, New York.

                       Fifth Coast Guard District

165.501  Chesapeake Bay Entrance and Hampton Roads, Va. and adjacent 
          waters--regulated navigation area.
165.502  Cove Point, Chesapeake Bay, Maryland--safety zone.
165.503  Chesapeake Bay ice navigation season.
165.504  Newport News Shipbuilding and Dry Dock Company Shipyard, James 
          River, Newport News, Va.
165.510  Delaware Bay and River--regulated navigation area.
165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.
165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.

[[Page 591]]

                      Seventh Coast Guard District

165.701  Vicinity, Kennedy Space Center, Merritt Island, Florida--
          security zone.
165.703  Tampa Bay, Florida--safety zone.
165.704  Tampa Bay, Florida, safety zone.
165.T0704  Safety Zone: Savannah River, Savannah, Georgia.
165.705  Port Canaveral Harbor, Cape Canaveral, Florida.
165.708  Safety/Security Zone; Charleston Harbor and Cooper River, 
          Charleston, SC.
165.709  Egmont Channel, Tampa Bay, FL--regulated navigation area.
165.711  Safety Zone: Port Everglades, Fort Lauderdale, FL.
165.713  Safety Zone, Ashley River, Charleston, South Carolina
165.T07-013  Security Zone: Internal waters and territorial seas 
          adjacent to Florida south of 26 deg.19' N latitude.
165.714  Regulated Navigation Area; Atlantic Ocean, Charleston, SC
165.720  Safety/Security Zone: St. Johns River, Jacksonville, FL.
165.721  Safety Zone: St. Johns River, Jacksonville, FL.
165.722  Security Zone: St. Johns River, Jacksonville, FL.
165.728  Jacksonville, Florida--safety zones.
165.729  Jacksonville Harbor, Florida--security zone.
165.730  King's Bay, Georgia--Regulated navigation area.
165.731  Safety/Security Zone: Cumberland Sound, Georgia and St. Marys 
          River Entrance Channel.
165.735  Brunswick, Georgia, Turtle River, Vicinity of Sydney Lanier 
          Bridge.
165.752  Sparkman Channel, Tampa, Florida--regulated navigation area.
165.753  Regulated navigation area; Tampa Bay, Florida.

                       Eighth Coast Guard District

165.802  Lower Mississippi River, vicinity of Old River Control 
          Structure--safety zone.
165.803  Mississippi River--regulated navigation area.
165.804  Snake Island, Texas City, Texas; mooring and fleeting of 
          vessels--safety zone.
165.805  Calcasieu Channel and Industrial Canal, Calcasieu River, Lake 
          Charles, LA.
165.806  Sabine Neches Waterway, Texas--regulated navigation area.
165.807  Calcasieu River, Louisiana--regulated navigation area.
165.808  Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.810  Mississippi River, LA-regulated navigation area.
165.811  Atchafalaya River, Berwick Bay, LA-regulated navigation area.
165.815  Ohio River at Louisville, KY; regulated navigation area.
165.817  Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--
          regulated navigation area.
165.819  Monongahela River, Mile 81.0 to 83.0--regulated navigation 
          area.
165.821  Ohio River at Cincinnati, OH; regulated navigation area.

                       Ninth Coast Guard District

165.901  Great Lakes--regulated navigation area.
165.902  Niagara River at Niagara Falls, New York--safety zone.
165.903  Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety 
          and Security Zone.
165.905  USX Superfund Cite Safety Zones; St. Louis River.

                      Eleventh Coast Guard District

165.1101  Safety Zone: San Pedro Bay, CA.
165.1102  Security Zone: San Diego Bay, California.
165.1103  Security Zone: San Diego Bay, California.
165.1104  Security Zone: San Diego Bay, California.
165.1105  Security Zone: San Diego Bay, California.
165.1106  Security Zone: San Diego Bay, California.
165.1107  San Diego Bay, California--safety zone.
165.1108  San Diego Bay, California
165.1109  San Pedro Bay, California--Regulated navigation area.
165.1110  Safety Zone: Los Angeles Harbor-San Pedro Bay, California.
165.1111  Security Zone: Wilson Cove, San Clemente Island, California.
165.1114  San Francisco Bay Region, California--regulated navigation 
          area.

                     Thirteenth Coast Guard District

165.1301  Puget Sound, and Adjacent Waters in Northwestern Washington--
          Regulated Navigation Area.
165.1302  Bangor Naval Submarine Base, Bangor, WA.
165.1303  Puget Sound and adjacent waters, WA-regulated navigation area.
165.1304  Bellingham Bay, Bellingham, WA.
165.1305  Commencement Bay, Tacoma, WA.
165.1306  Lake Union, Seattle, WA.
165.1307  Elliott Bay, Seattle, WA.
165.1308  Columbia River, Vancouver WA.

                     Fourteenth Coast Guard District

165.1401  Apra Harbor, Guam--safety zones.

[[Page 592]]

165.1402  Apra Outer Harbor, Guam--regulated navigation area.
165.1403  Security Zone: Tinian, Commonwealth Northern Marianas Islands.
165.1404  Apra Harbor, Guam--security zone.
165.1406  Safety Zone: Pacific Missile Range Facility (PMRF), Barking 
          Sands, Island of Kauai, Hawaii.

                    Seventeenth Coast Guard District

165.1701  Port Valdez, Valdez, Alaska--safety zone.
165.1702  Gastineau Channel, Juneau, Alaska--safety zone.
165.1703  Ammunition Island, Port Valdez, Alaska.
165.1704  Prince William Sound, Alaska-regulated navigation area.
165.1705  Ketchikan Harbor, Ketchikan, Alaska--safety zone.
165.1706  Gastineau Channel, Juneau, Alaska-Safety Zone.
165.1707  Crescent Harbor, Sitka, Alaska-Safety Zone.
165.1708  Tongass Narrows, Ketchikan, Alaska-Safety Zone.

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 
6.04-6 and 160.5; 49 CFR 1.46.

    Source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise 
noted.



                           Subpart A--General



Sec. 165.1  Purpose of part.

    The purpose of this part is to:
    (a) Prescribe procedures for establishing different types of limited 
or controlled access areas and regulated navigation areas;
    (b) Prescribe general regulations for different types of limited or 
controlled access areas and regulated navigation areas;
    (c) Prescribe specific requirements for established areas; and
    (d) List specific areas and their boundaries.



Sec. 165.5  Establishment procedures.

    (a) A safety zone, security zone, or regulated navigation area may 
be established on the initiative of any authorized Coast Guard official.
    (b) Any person may request that a safety zone, security zone, or 
regulated navigation area be established. Except as provided in 
paragraph (c) of this section, each request must be submitted in writing 
to either the Captain of the Port or District Commander having 
jurisdiction over the location as described in Part 3 of this chapter, 
and include the following:
    (1) The name of the person submitting the request;
    (2) The location and boundaries of the safety zone, security zone, 
or regulated navigation area;
    (3) The date, time, and duration that the safety zone, security 
zone, or regulated navigation area should be established;
    (4) A description of the activities planned for the safety zone, 
security zone, or regulated navigation area;
    (5) The nature of the restrictions or conditions desired; and
    (6) The reason why the safety zone, security zone, or regulated 
navigation area is necessary.

(Requests for safety zones, security zones, and regulated navigation 
areas are approved by the Office of Management and Budget under control 
number 2115-0076, 2115-0219, and 2115-0087).
    (c) Safety Zones and Security Zones. If, for good cause, the request 
for a safety zone or security zone is made less than 5 working days 
before the zone is to be established, the request may be made orally, 
but it must be followed by a written request within 24 hours.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.7  Notification.

    (a) The establishment of these limited access areas and regulated 
navigation areas is considered rulemaking. The procedures used to notify 
persons of the establishment of these areas vary depending upon the 
circumstances and emergency conditions. Notification may be made by 
marine broadcasts, local notice to mariners, local news media, 
distribution in leaflet form, and on-scene oral notice, as well as 
publication in the Federal Register.
    (b) Notification normally contains the physical boundaries of the 
area, the reasons for the rule, its estimated duration, and the method 
of obtaining authorization to enter the area, if applicable, and special 
navigational rules, if applicable.
    (c) Notification of the termination of the rule is usually made in 
the same 

[[Page 593]]

form as the notification of its establishment.



Sec. 165.8  Geographic coordinates.

    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



                  Subpart B--Regulated Navigation Areas



Sec. 165.10  Regulated navigation areas.

    A regulated navigation area is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established under this part.



Sec. 165.11  Vessel operating requirements (regulations).

    Each District Commander may control vessel traffic in an area which 
is determined to have hazardous conditions, by issuing regulations:
    (a) Specifying times of vessel entry, movement, or departure to, 
from, within, or through ports, harbors, or other waters;
    (b) Establishing vessel size, speed, draft limitations, and 
operating conditions; and
    (c) Restricting vessel operation, in a hazardous area or under 
hazardous conditions, to vessels which have particular operating 
characteristics or capabilities which are considered necessary for safe 
operation under the circumstances.

[CGD 79-026, 48 FR 35408, Aug. 4, 1983]



Sec. 165.13  General regulations.

    (a) The master of a vessel in a regulated navigation area shall 
operate the vessel in accordance with the regulations contained in 
Subpart F.
    (b) No person may cause or authorize the operation of a vessel in a 
regulated navigation area contrary to the regulations in this part.



                         Subpart C--Safety Zones



Sec. 165.20  Safety zones.

    A Safety Zone is a water area, shore area, or water and shore area 
to which, for safety or environmental purposes, access is limited to 
authorized persons, vehicles, or vessels. It may be stationary and 
described by fixed limits or it may be described as a zone around a 
vessel in motion.



Sec. 165.23  General regulations.

    Unless otherwise provided in this part:
    (a) No person may enter a safety zone unless authorized by the COTP 
or the District Commander;
    (b) No person may bring or cause to be brought into a safety zone 
any vehicle, vessel, or object unless authorized by the COTP or the 
District Commander;
    (c) No person may remain in a safety zone or allow any vehicle, 
vessel, or object to remain in a safety zone unless authorized by the 
COTP or the District Commander; and
    (d) Each person in a safety zone who has notice of a lawful order or 
direction shall obey the order or direction of the COTP or District 
Commander issued to carry out the purposes of this subpart.



                        Subpart D--Security Zones



Sec. 165.30  Security zones.

    (a) A security zone is an area of land, water, or land and water 
which is so designated by the Captain of the Port or District Commander 
for such time as is necessary to prevent damage or injury to any vessel 
or waterfront facility, to safeguard ports, harbors, territories, or 
waters of the United States or to secure the observance of the rights 
and obligations of the United States.
    (b) The purpose of a security zone is to safeguard from destruction, 
loss, or

[[Page 594]]

injury from sabotage or other subversive acts, accidents, or other 
causes of a similar nature:
    (1) Vessels,
    (2) Harbors,
    (3) Ports, and
    (4) Waterfront facilities:

in the United States and all territory and water, continental or 
insular, that is subject to the jurisdiction of the United States.



Sec. 165.33  General regulations.

    Unless otherwise provided in the special regulations in Subpart F of 
this part:
    (a) No person or vessel may enter or remain in a security zone 
without the permission of the Captain of the Port;
    (b) Each person and vessel in a security zone shall obey any 
direction or order of the Captain of the Port;
    (c) The Captain of the Port may take possession and control of any 
vessel in the security zone;
    (d) The Captain of the Port may remove any person, vessel, article, 
or thing from a security zone;
    (e) No person may board, or take or place any article or thing on 
board, any vessel in a security zone without the permission of the 
Captain of the Port; and
    (f) No person may take or place any article or thing upon any 
waterfront facility in a security zone without the permission of the 
Captain of the Port.



                 Subpart E--Restricted Waterfront Areas



Sec. 165.40  Restricted waterfront areas.

    The Commandant, may direct the COTP to prevent access to waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein. This section may apply to persons who do not possess the 
credentials outlined in Sec. 125.09 of this chapter when certain 
shipping activities are conducted that are outlined in Sec. 125.15 of 
this chapter.



 Subpart F--Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District



Sec. 165.101  Kittery, Maine--regulated navigation area.

    (a) The following is a regulated navigation area--Waters within the 
boundaries of a line beginning at 43 deg.04'50''N, 70 deg.44'52''W; then 
to 43 deg.04'52''N, 70 deg.44'53''W; then to 43 deg.04'59''N, 
70 deg.44'46''W; then to 43 deg.05'05''N, 70 deg.44'32''W; then to 
43 deg.05'03''N, 70 deg.44'30''W; then to the beginning point.
    (b) Regulations--No vessel may operate in this area at a speed in 
excess of five miles per hour.



Sec. 165.102  Security Zone; Walkers Point, Kennebunkport ME.

    (a) Location. The following area is a security zone: From point of 
land located on Cape Arundel at latitude 43 deg. 20.4' North, Iongitude 
070 deg. 28.0' West; thence to a point approximately 500 yards southwest 
of Walkers Point located at latitude 43 deg. 20.2' North, longitude 
070 deg. 27.9' West; thence to a point located approximately 500 yards 
south of Walkers Point at latitude 43 deg. 20.1' North, longitude 
070 deg. 27.6' West; thence to a point located approximately southeast 
of Walkers Point at latitude 43 deg. 20.4' North, longitude 070 deg. 
27.2' West; thence to an unnamed point of land located at 43 deg. 20.9' 
North, longitude 070 deg. 27.1' West; thence along the shoreline of 
Walkers Point to the beginning point. The aforementioned offshore 
positions are approximated by white buoys marked in orange indicating an 
exclusionary area.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine. Section 165.33 
also contained other general requirements.
    (2) No person may swim upon or below the surface of the water within 
the boundaries of this security zone.


[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]

[[Page 595]]



Sec. 165.103  Safety Zone: Portsmouth Harbor, Portsmouth, New Hampshire.

    (a) The following areas are established as safety zones during the 
specified conditions:
    (1) For all inbound tank vessels carrying Liquified Petroleum Gas 
(LPG), the waters bounded by the limits of the Piscataqua River Channel 
and extending 1000 yards ahead and 500 yards astern of an LPG tanker 
while the vessel transits Bigelow Bight, Portsmouth Harbor and the 
Piscataqua River to the LPG receiving facility at Newington, New 
Hampshire. This safety zone remains in effect until the LPG carrier is 
safely moored at the LPG receiving facility on the Piscataqua River.
    (2) For all outbound tank vessels carrying LPG, the waters bounded 
by the limits of the Piscataqua River Channel and extending 1000 yards 
ahead and 500 yards astern of an LPG tanker while the vessel departs the 
LPG facility and transits the Piscataqua River, Portsmouth Harbor and 
Bigelow Bight. This safety zone remains in effect until the LPG carrier 
passes Gunboat Shoal Lighted Bell Buoy ``1'' (LLNR 185) located in 
Bigelow Bight.
    (b) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community and 
local agencies of periods during which this safety zone will be in 
effect by providing advance notice of scheduled arrivals and departures 
of LPG vessels via the telephone and/or Marine Safety Information Radio 
Broadcasts.


[CGD 188-106, 54 FR 20572, May 12, 1989]



Sec. 165.110  Boston Harbor, Boston, Massachusetts.

    (a) The following areas are established as safety zones during the 
specified conditions:
    (1) The waters bounded by the limits of the Boston Main Ship Channel 
and extending two miles ahead and one mile astern of a loaded Liquified 
Natural Gas Tank vessel while the vessel transits the Boston North 
Channel and Boston Harbor. The safety Zone remains in effect until the 
LNG vessel is alongside the DISTRIGAS waterfront facility in the Mystic 
River. Lat. 42 deg.23.3' N., Long. 71 deg.03.7' W.
    (2) The waters and land area within 150' of a Liquified Natural Gas 
Tank vessel when the vessel is alongside the DISTRIGAS waterfront 
facility, Everett, MA. Lat. 42 deg.23.3' N., Long. 71 deg.03.7' W. This 
Safety Zone remains in effect while the LNG vessel remains in a loaded 
condition or is transferring liquified natural gas.
    (b) The general regulations governing safety zones as contained in 
33 CFR 165.20 apply.

[CGD1-83-4R, 49 FR 19819, May 10, 1984]



Sec. 165.111  Safety Zone: Boston Harbor, Boston, Massachusetts.

    (a) The following areas are established as safety zones during the 
conditions specified:
    (1) Around the U.S.S. Constitution or any accompanying parade 
vessels when Constitution is under way--300 yards in all directions in 
the waters around the U.S.S. Constitution and each parade vessel 
accompanying Constitution whenever the U.S.S. Constitution is underway 
in Boston Harbor from the time such vessels depart their respective 
berths until the time they complete their transit and are safely moored.
    (2) Whenever Constitution is moored at Pier 1, Charlestown Navy 
Yard--the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard, 
from the imaginary line connecting the outer easternmost point 
protruding into Boston Harbor from Hoosac Pier to the outer westernmost 
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard, 
extending inbound along the face of both piers to the landside points 
where both piers end.
    (3) Around the U.S.S. Constitution--fifty yards in all directions in 
the waters around Constitution when the vessel is moored at any Boston 
berthing location other than Pier 1, Charlestown Navy Yard.
    (b) The general regulations governing safety zones as contained in 
33 CFR 165.23 apply.

[CGD1 91-109, 57 FR 30407, July 9, 1992]

[[Page 596]]



Sec. 165.112  Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.

    (a) Location. The following area is a safety zone:
    Around the USS CASSIN YOUNG (DD-793) and any accompanying parade 
vessels when the USS CASSIN YOUNG is underway. The zone extends 100 
yards in all directions in the waters around the USS CASSIN YOUNG and 
accompanying parade vessels whenever the USS CASSIN YOUNG is underway in 
Boston Harbor from the time the USS CASSIN YOUNG departs its berth until 
it is safely moored.
    (b) Regulations. The general regulations governing safety zones as 
contained in 33 CFR 165.23 apply.

[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]



Sec. 165.120  Safety zone: Chelsea River, Boston Inner Harbor, Boston, MA.

    (a) Location. The following area is a safety zone: The waters of the 
Chelsea River, Boston Inner Harbor, for 100 yards upstream and 
downstream of the center of the Chelsea Street Draw span (in the 
approximate position of Latitude 42-33-10 North, Longitude 71-01-23 
West).
    (b) Regulation. The following standards are the minimum requirements 
for transit of the Safety Zone. Additional precautions may be taken by 
the pilot and/or person in charge (Master or Operator).
    (1) All tankships greater than 1,000 Gross Tons shall be under the 
direction and control of the Licensed Federal Pilot. This does not 
relieve persons in charge (Masters or Operators) from their ultimate 
responsibility for the safe navigation of vessels.
    (2) All vessel(s) speed shall be kept to a minimum considering all 
factors and the need for optimum vessel control.
    (3) Restrictions on size and draft of vessels:
    (i) No vessel greater than 661 feet in length (using length overall) 
or greater than 90.5 feet in beam (using extreme breadth) shall transit 
the Safety Zone.
    (ii) No vessel greater than 630.5 feet in length or 85.5 feet or 
greater in beam shall transit the Safety Zone during the period between 
sunset and sunrise.
    (iii) No tankship greater than 550.5 feet in length shall transit 
the Safety Zone, either inbound or outbound, with a draft less than 18.0 
feet forward and 24.0 feet aft.
    (4) Restrictions when the Chelsea River channel is obstructed by 
vessel(s) moored at the Northeast Petroleum Terminal located downstream 
of the Chelsea Street Bridge on the Chelsea, MA side of the Chelsea 
River--hereafter referred to as the Jenny Dock (approximate position 42-
23-09 North, 71-01-31 West)--or the Mobile Oil Terminal located on the 
East Boston Side of the Chelsea River downstream of the Chelsea Street 
Bridge (approximate position 42-23-05 North, 71-01-31 West):
    (i) When there is a vessel moored at each terminal, no vessel 
greater than 300.5 feet in length or greater than 60.5 feet in beam, 
shall transit the safety zone.
    (ii) When a vessel with a beam greater than 60.5 feet is moored at 
either terminal, no vessel greater than 630.5 feet in length or greater 
than 85.5 feet in beam shall transit the Safety Zone.
    (iii) When a vessel with a beam greater than 85.5 feet is moored at 
either terminal, no vessel greater than 550.5 feet in length or greater 
than 85.5 feet in beam shall transit the Safety Zone.
    (5) Requirements for tug assistance:
    (i) All tankships greater than 630.5 feet in length or greater than 
85.5 feet in beam shall be assisted by at least four tugs of adequate 
horsepower.
    (ii) All tankships from 450 feet in length up to and including 630.5 
feet in length and less than 85.5 feet in beam shall be assisted by at 
least three tugs of adequate horsepower.
    (iii) All tug/barge combinations with a tonnage of over 10,000 Gross 
Tons (for the barge(s), in all conditions of draft, shall be assisted by 
at least one tug of adequate horsepower.
    (6) U.S. Certificated integrated tug/barge (ITB) combinations shall 
meet the requirements of a tankship of similar length and beam except 
that one less assist tug would be required.
    (7) Variances from the above standard must be approved in advance by 
the Captain of the Port of Boston, MA.

[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986]

[[Page 597]]



Sec. 165.121  Safety Zone: Rhode Island Sound, Narragansett Bay, Providence River.

    (a) Location. The following areas are established as safety zones:
    (1) For Liquefied Petroleum Gas (LPG) vessels while at anchor in the 
waters of Rhode Island Sound; in position Latitude 41-25N., Longitude 
71-23W., a Safety Zone with a radius of one-half mile around the LPG 
vessel.
    (2) For Liquefied Petroleum Gas (LPG) vessels while transitting 
Narragansett Bay and the Providence River; a moving Safety Zone from a 
distance of two (2) miles ahead to one (1) mile astern to the limits of 
the navigable channel around the LPG vessel.
    (3) For Liquefied Petroleum Gas (LPG) vessels while moored at the 
LPG facility, Port of Providence; a safety zone within 50 feet around 
the vessel. No vessel shall moor within 200 feet from the LPG vessel. 
All vessels transiting the area are to proceed with caution to minimize 
the effects of wake around the LPG vessel.
    (4) For Liquefied Petroleum Gas (LPG) vessels while moored with 
manifolds connected at the LPG Facility, Port of Providence; a Safety 
Zone within a 100 foot radius around the shoreside manifold while 
connected. This is in addition to the requirements for LPG vessels while 
moored at the LPG Facility, Port of Providence.
    (b) The Captain of the Port Providence will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice of scheduled arrivals and departures of LPG 
vessels via Marine Safety Information Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).
    (c) Regulations. The general regulations governing safety zones 
contained in Sec. 165.23 apply.

[CGD1-88-010, 53 FR 31858, Aug. 22, 1988, as amended by CGD01-92-004, 59 
FR 52425, Oct. 18, 1994]



Sec. 165.122  Providence River, Providence, R.I. regulated navigation area.

    (a) Description of the regulated navigation area (RNA). The 
Regulated Navigation Area (RNA) encompasses the deep draft channel 
between Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675) 
41 deg.23.0' N Latitude, 71 deg.23.4' W Longitude, and Fox Point, 
Providence.
    (b) Regulations. (1) The following restrictions apply in the portion 
of the regulated area between Conimicut Light (LLNR 18305) and Channel 
Light 42 (Fuller Rock Light, (LLNR 18580)).
    (i) No vessel with a draft greater than 35 feet may transit when 
water depth is at or below mean low water.
    (ii) Vessels with drafts greater than 35 feet but less than 38 feet 
may transit when water depth is other than that on or below mean low 
water, provided there is sufficient depth under the keel to prevent 
grounding.
    (iii) Vessels with drafts greater than or equal to 38 feet must 
obtain permission, 48 hours in advance of the desired transit time, from 
the Captain of the Port, Providence to transit.
    (2) Vessels with drafts greater than 35 feet must have at least one 
mile of visibility to transit the regulated area between Conimicut Light 
(LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light).
    (3) Vessels over 65 feet in length are prohibited from passing, 
meeting, or overtaking other vessels over 65 feet in length in the 
regulated area from:
    (i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR 
18580).
    (ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel 
Lighted Buoy 19, 41 deg. 43.7' N Latitude, 71 deg. 21.8' W Longitude, 
(LLNR 18330) and Channel Lighted Buoy 20, 41 deg. 43.7' N Latitude, 
71 deg. 21.8' W Longitude, (LLNR 18335).
    (4) Vessels over 65 feet in length inbound for berths up the 
Providence River, planning to transit through the deep draft channel, 
are required to make Safety Signal (SECURITE) calls on both VHF channels 
13 and 16 at the following geographic locations: Pilot's Station, Abeam 
of Castle Hill, Approaching the Newport bridge, South of Prudence 
Island, Abeam of Sandy Point, Abeam of Popasquash Point, Approaching the 
Southern End of Rumstick Neck Reach, Abeam of Conimicut Point Light 
(LLNR 18305), Abeam of Gaspee Point, Abeam of Sabin Point and upon 
mooring.

[[Page 598]]

    (5) Vessels over 65 feet in length outbound for sea down the 
Providence River Channel transiting through this regulated navigation 
area are required to make SECURITE calls on VHF channels 13 and 16 at 
the following geographic locations: one-half hour prior to departure 
from the berth, at departure from the berth, Abeam of Sabin Point, Abeam 
of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
    (6) Vessels 65 feet and under in length and all recreational vessels 
when meeting deep draft commercial vessel traffic in the Providence 
River Channel between Conimicut Light (LLNR 18305) and Channel Light 42 
(LLNR 18580, Fuller Rock Light) shall keep out of the way of the 
oncoming deep draft commercial vessel.
    (7) The Captain of the Port, Providence, may authorize a deviation 
from these regulations.
    (c) Enforcement. Violations of this regulated navigation area should 
be reported to the Captain of the Port, Providence, at (401) 435-2300. 
Persons in violation of these regulations will be subject to civil 
penalty under Sec. 165.13(b) of this part.

[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]



Sec. 165.130  Sandy Hook Bay, New Jersey--security zone.

    (a) Naval Ammunition Depot Piers. The waters within the following 
boundaries are a security zone--A line beginning on the shore at 
40 deg.25'57''N, 74 deg.04'32''W; then to 40 deg.27'52.5''N, 
74 deg.03'14.5''W; then to 40 deg.27'28.3''N, 74 deg.02'12.4''W; then to 
40 deg.26'29.2''N, 74 deg.02'53''W; then to 40 deg.26'31.1''N, 
74 deg.02'57.2''W; then to 40 deg.25'27.3''N, 74 deg.03'41''W; then 
along the shoreline to the beginning point.
    (b) Terminal Channel. The waters within the following boundaries are 
a security zone--A line beginning at 40 deg.27'41.2''N, 74 deg.02'46''W; 
then to 40 deg.28'27''N, 74 deg.02'17.2''W; then to 40 deg.28'21.1''N, 
74 deg.02'00''W; then to 40 deg.28'07.8''N, 74 deg.02'22''W; then to 
40 deg.27'39.8''N, 74 deg.02'41.4''W; then to to the beginning.
    (c) The following rules apply to the security zone established in 
paragraph (b) of this section (Terminal Channel) instead of the rule in 
Sec. 165.33(a):
    (1) No vessel shall anchor, stop, remain or drift without power at 
anytime in the security zone.
    (2) No vessel shall enter, cross, or otherwise navigate in the 
security zone when a public vessel, or any other vessel, that cannot 
safely navigate outside the Terminal Channel, is approaching or leaving 
the Naval Ammunition Depot Piers at Leonardo, New Jersey.
    (3) Vessels may enter or cross the security zone, except as provided 
in paragraph (c)(2) of this section.
    (4) No person may swim in the security zone.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 165.140  New London Harbor, Connecticut--security zone.

    (a) Security zones:
    (1) Security zone A. The waters of the Thames River off State Pier 
enclosed by a line beginning at the midpoint of the southeast face of 
State Pier; then to 41 21,24,, N, 72 
05,21.2,, W; then to 41 
21,26.2,, N, 72 05,19.3,, W; 
then to 41 21,34,, N, 72 
05,18.1,, W; then extending northwest through buoy 
C15 to the shoreline at 41 21,43.5,, N, 72 
05,23,, W; then along the shoreline and pier to 
the point of beginning.
    (2) Security zone B. The waters of the Thames River west of the 
Electric Boat Division Shipyard enclosed by a line beginning at a point 
on the shoreline at 41 deg.20'22.1" N, 72 deg.04'52.8" W; then west to 
41 deg.20'28.7" N, 72 deg.05'03.5" W; then to 41 deg.20'53.3" N, 
72 deg.05'6.6" W; then to 41 deg.21'03" N, 72 deg.05'06.7" W; then due 
east to a point on the shoreline at 41 deg.21'03" N, 72 deg.05'00" W; 
then along the shoreline to the point of beginning.
    (3) Security zone C. The waters of the Thames River, west of the 
Naval Submarine Base, New London, CT, enclosed by a line beginning at a 
point on the shoreline at 41 deg.23'15.8" N., 72 deg.05'17.9" W.; then 
to 41 deg.23'15.8" N., 72 deg.05'22" W.; then to 41 deg.23'25.9" N., 
72 deg.05'29.9" W.; then to 41 deg.23'33.8" N., 72 deg.05'34.7" W.; then 
to 41 deg.23'37.0" N., 72 deg.05'38.0" W.; then to 41 deg.23'41.0" N., 
72 deg.05'40.3" W.; then to 41 deg.23'47.2" N., 72 deg.05'42.3" W.; then 
to 41 deg.23'53.8" N., 72 deg.05'43.7" W.; then to 41 deg.23'59.8" N., 
72 deg.05'43.0" W.; then to 41 deg.24'12.4" N., 72 deg.05'43.2" W.; then 
to a

[[Page 599]]

point on the shoreline at 41 deg.24'14.4" N., 72 deg.05'38" W.; then 
along the shoreline to the point of beginning.
    (4) Security zone D. The waters of the Thames River east of the 
Naval Underwater Systems Center, New London, enclosed by a line 
beginning at 41 deg.20''36.0''N, 72 deg.05'34.1'' W; then to 
41 deg.20''36.0''N, 72 deg.05'20''W; then to 41 deg.20'41''N, 
72 deg.05'20''W; then to 41 deg.20'43.7''N, 72 deg.05'25.9''W; then to 
41 deg.20'41.6''N, 72 deg.05'35.0''W; then along the shoreline to the 
points of beginning.
    (b) Special regulation. Section 165.33 does not apply to public 
vessels when operating in Security Zones A or B, or to vessels owned by, 
under hire to, or performing work for the Electric Boat Division when 
operating in Security Zone B.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR 
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-
26, 49 FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987. 
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52 
FR 44107, Nov. 18, 1987]



Sec. 165.141  Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Ocean within a 1,000 yard radius of the stern section of the 
sunken vessel EMPIRE KNIGHT, in approximate position 43 deg.06'19'' N, 
70 deg.27'09'' W, (NAD 1983) and extending from the water's surface to 
the seabed floor.
    (b) Effective date. This section is effective on August 23, 1996, 
twenty-four hours a day, seven days a week.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All vessels and persons are prohibited from anchoring, diving, 
dredging, dumping, fishing, trawling, laying cable, or conducting 
salvage operations in this zone except as authorized by the Coast Guard 
Captain of the Port, Portland, Maine. Innocent transit through the area 
within the safety zone is not affected by this regulation and does not 
require the authorization of the Captain of the Port.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or the designated on scene patrol personnel. U.S. Coast Guard 
patrol personnel include commissioned, warrant, and petty officers of 
the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.

[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]



Sec. 165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) The following is a regulated navigation area: The waters 
surrounding the Tomlinson Bridge located within a line extending from a 
point A at the southeast corner of the Wyatt terminal dock at 
41 deg.17'50''N, 72 deg.54'36''W thence along a line 126 deg.T to point 
B at the southwest corner of the Gulf facility at 41 deg.17'42''N, 
72 deg.54'21''W thence north along the shoreline to point C at the 
northwest corner of the Texaco terminal dock 41 deg.17'57''N, 
72 deg.54'06''W thence along a line 303 deg.T to point D at the west 
bank of the mouth of the Mill River 41 deg.18'05''N, 72 deg.54'23''W 
thence south along the shoreline to point A.
    (b) Regulations. (1) No person may operate a vessel or tow a barge 
in this Regulated Navigation Area in violation of these regulations.
    (2) Applicability. The regulations apply to barges with a freeboard 
greater than ten feet and to any vessel towing or pushing these barges 
on outbound transits of the Tomlinson Bridge.
    (3) Regulated barges may not transit the bridge--
    (i) During the period from one hour to five hours after high water 
slack,
    (ii) When the wind speed at the bridge is greater than twenty knots, 
and
    (iii) With the barge being towed on a hawser, stern first.
    (4) Regulated barges with a beam greater than fifty feet must be 
pushed ahead through the bridge.
    (5) If the tug operator does not have a clear view over the barge 
when pushing ahead, the operator shall post a lookout on the barge with 
a means of communication with the operator.
    (6) Regulated barges departing the Mill River may transit the bridge 
only between sunrise and sunset. Barges must be pushed ahead of the tug, 
bow first, with a second tug standing by to assist at the bow.

[[Page 600]]

    (7) Nothing in this section is intended to relieve any person from 
complying with:
    (i) Applicable Navigation and Pilot Rules for Inland Waters;
    (ii) Any other laws or regulations;
    (iii) Any order or direction of the Captain of the Port.
    (8) The Captain of the Port, New Haven, may issue an authorization 
to deviate from any rule in this section if the COTP finds that an 
alternate operation can be done safely.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR 
53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6, 
1987]



Sec. 165.155  Northville Industries Offshore Platform, Riverhead, Long Island, New York-- safety zone.

    (a) The following area is established as a safety zone during the 
specified condition:
    (1) The waters within a 500 yard radius of the Northville Industries 
Offshore Platform, Long Island, New York, 1 mile North of the Riverhead 
shoreline at 41 deg.00''N, 072 deg.38'' W, while a Liquefied Petroleum 
Gas (LPG) vessel is moored at the Offshore Platform. The safety zone 
remains in effect until the LPG vessel departs the Offshore Platform.
    (b) The general regulations governing safety zone contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
notice of scheduled moorings at the Northville Industries Offshore 
Platform of LPG vessels via Marine Safety Information Radio Broadcast.

[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 165.160  New York, New Jersey, Sandy Hook Channel, Raritan Bay, Arthur Kill--safety zone.

    (a) The following areas are established as safety zones during the 
specified conditions:
    (1) For incoming tank vessels loaded with Liquefied Petroleum Gas, 
the waters within a 100 yard radius of the LPG carrier while the vessel 
transits the Sandy Hook Channel, Raritan Bay East and West Reach, Ward 
Point Bend East and West Reach, and the Arthur Kill to the LPG receiving 
facility. The Safety Zone remains in effect until the LPG vessel is 
moored at the LPG receiving facility in the Arthur Kill.
    (2) For outgoing tank vessels loaded with LPG, the waters within a 
100 yard radius of the LPG carrier while the vessel departs the LPG 
facility and transits the Arthur Kill, Ward Point Bend West and East 
Reach, Raritan Bay West and East Reach, and Sandy Hook Channel. The 
safety zone remains in effect until the LPG vessel passes the Scotland 
Lighted Horn Buoy ``S'' (LLNR 1619) at the entrance to the Sandy Hook 
Channel.
    (b) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
advance notice of scheduled arrivals and departures of loaded LPG 
vessels via a Marine Safety Information Radio Broadcast.

[CGD3 84-08, 49 FR 25447, June 21, 1984. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 165.161  Safety Zone; Annual ``Fireworks on the Navesink'' Fireworks Display, Navesink River, Red Bank, New Jersey.

    (a) Location. All waters between the north and south shores of the 
Navesink River, including Red Bank Reach, extending approximately 300 
yards east and 300 yards east and 300 yards west of the fireworks 
platform anchored off of Red Bank, New Jersey, at or near 
40 deg.21'20''N latitude, 074 deg.04'10''W (NAD 1983). The safety zone 
is bound by the following points: 40 deg.21'15''N latitude, 
074 deg.03'57''W longitude; to 40 deg.21'43''N latitude, 
074 deg.03'57''W longitude; and 40 deg.21'20''N latitude, 
074 deg.04'25''W longitude; to 40 deg.21'30''N latitude, 
074 deg.04'25''W longitude (NAD 1983).
    (b) Effective period. This section is in effect annually on the 
third of July, from 8 p.m. until 11 p.m., unless extended or terminated 
sooner by the Captain of the Port, New York. If the fireworks display is 
cancelled because

[[Page 601]]

of bad weather, this section is in effect on the fourth of July, at the 
same times, unless extended or terminated sooner by the Captain of the 
Port, New York. The effective period will be announced annually via 
Safety Marine Information Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-025, 60 FR 32271, June 21, 1995]



Sec. 165.165  Kill Van Kull, New York and New Jersey--regulated navigation area.

    (a) Description of the regulated navigation area (RNA). (1) The RNA 
encompasses all of the water in or adjacent to the Kill Van Kull (KVK) 
east of the KVK Light 16A (LLNR34585) in North of Shooters Island Reach, 
east of Shooters Island Light 2 (LLNR 34620) in South of Shooters Island 
Reach, south of Newark Bay Channel Buoy 3 (LLNR 34650) in Newark Bay 
South Reach, south of South Entrance Lighted Buoy 5 (LLNR 34285) in the 
New Jersey Pierhead Channel, and west of KVK Channel Junction Lighted 
Bell Buoy ``KV'' (LLNR 34505) in Constable Hook Reach. This area is 
being established due to a dredging project being undertaken jointly by 
the U. S. Army Corps of Engineers and the Port Authority of New York and 
New Jersey.
    (b) Description of Work Areas in the RNA.--(1) Phase I--(i) Bergen 
Point West Reach. The waters bounded by a line connecting the following 
points:

                                                                        
            Latitude                             Longitude              
                                                                        
403836.4" N                       0740826.1" W                          
403840.2" N                       0740802.4" W                          
403839.8" N                       0740756.2" W                          
403835.2" N                       0740757.0" W                          
403835.7" N                       0740802.5" W                          
403831.9" N                       0740824.8" W                          
                                                                        

and thence to the point of beginning.
    (ii) Constable Hook Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403905.8" N                       0740509.4" W                          
403909.8" N                       0740454.0" W                          
403909.7" N                       0740451.3" W                          
403906.3" N                       0740444.0" W                          
403903.4" N                       0740444.0" W                          
403904.1" N                       0740509.4" W                          
                                                                        

and thence to the point of beginning, and the waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403906.6" N                       0740440.6" W                          
403905.2" N                       0740426.0" W                          
403907.8" N                       0740425.0" W                          
403905.8" N                       0740416.0" W                          
403858.7" N                       0740418.2" W                          
403903.0" N                       0740431.0" W                          
403903.2" N                       0740441.0" W                          
                                                                        

and thence to the point of the beginning.
    (2) Phase II--(i) Bergen Point West Reach. The waters bounded by a 
line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403833.6" N                       0740843.0" W                          
403836.4" N                       0740826.1" W                          
403831.9" N                       0740824.8" W                          
403829.3" N                       0740841.8" W                          
                                                                        

and thence to the point of the beginning.
    (ii) Constable Hook Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403905.8" N                       0740509.4" W                          
403909.8" N                       0740454.0" W                          
403909.7" N                       0740451.3" W                          
403906.3" N                       0740444.0" W                          
403903.4" N                       0740444.0" W                          
403904.1" N                       0740509.4" W                          
                                                                        

and thence to the point of beginning, and the waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403906.6" N                       0740440.6" W                          
403905.2" N                       0740426.0" W                          
403907.8" N                       0740425.0" W                          
403905.8" N                       0740416.0" W                          
403858.7" N                       0740418.2" W                          

[[Page 602]]

                                                                        
403903.0" N                       0740431.0" W                          
403903.2" N                       0740441.0" W                          
                                                                        

and thence to the point of the beginning.
    (3) Phase III--
    (i) Bergen Point West Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403839.4" N                       0740907.0" W                          
403833.4" N                       0740854.8" W                          
403833.6" N                       0740843.0" W                          
403829.3" N                       0740841.8" W                          
403829.2" N                       0740843.0" W                          
403830.8" N                       0740856.6" W                          
403837.0" N                       0740908.9" W                          
                                                                        

and thence to the point of beginning.
    (ii) Constable Hook Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403905.8" N                       0740509.4" W                          
403909.8" N                       0740454.0" W                          
403909.7" N                       0740451.3" W                          
403906.3" N                       0740444.0" W                          
403903.4" N                       0740444.0" W                          
403904.1" N                       0740509.4" W                          
                                                                        

and thence to the point of beginning, and the waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403906.6" N                       0740440.6" W                          
403905.2" N                       0740426.0" W                          
403907.8" N                       0740425.0" W                          
403905.8" N                       0740416.0" W                          
403858.7" N                       0740418.2" W                          
403903.0" N                       0740431.0" W                          
403903.2" N                       0740441.0" W                          
                                                                        

and thence to the point of the beginning.
    (4) Phase IV--
    (i) Bergen Point West Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
403829.9" N                       0740838.2" W                          
403835.7" N                       0740802.5" W                          
403835.2" N                       0740757.0" W                          
403831.5" N                       0740857.8" W                          
403831.4" N                       0740807.5" W                          
403826.3" N                       0740837.3" W                          
                                                                        

and thence to the point of beginning.
    (ii) Constable Hook Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
40 38 49.3" N                     074 05 44.0" W                        
40 38 50.7" N                     074 05 37.2" W                        
40 39 04.2" N                     074 05 09.1" W                        
40 39 03.8" N                     074 05 00.0" W                        
40 38 59.9" N                     074 05 00.0" W                        
40 38 59.9" N                     074 05 01.9" W                        
40 38 57.0" N                     074 05 15.0" W                        
40 38 47.6" N                     074 05 34.7" W                        
40 38 46.1" N                     074 05 43.9" W                        
                                                                        

and thence to the point of beginning, and the waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
40 39 03.2" N                     074 04 41.0" W                        
40 39 03.0" N                     074 04 31.0" W                        
40 38 58.7" N                     074 04 18.2" W                        
40 38 51.1" N                     074 04 21.0" W                        
40 38 54.8" N                     074 04 32.1" W                        
40 39 01.2" N                     074 04 41.6" W                        
                                                                        

and thence to the point of the begining.
    (5) Phase V--(i) Bergen Point West Reach. The waters bounded by a 
line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
40 38 37.0" N                     074 09 08.9" W                        
40 38 30.8" N                     074 08 56.6" W                        
40 38 29.2" N                     074 08 43.0" W                        
40 38 29.9" N                     074 08 38.2" W                        
40 38 26.3" N                     074 08 37.3" W                        
40 38 23.6" N                     074 08 53.0" W                        
40 38 24.2" N                     074 09 04.4" W                        
40 38 28.2" N                     074 09 14.9" W                        
                                                                        

and thence to the point of beginning.
    (ii) Constable Hook Reach. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
40 38 49.3" N                     074 05 44.0" W                        
40 38 50.7" N                     074 05 37.2" W                        
40 39 04.2" N                     074 05 09.1" W                        
40 39 03.8" N                     074 05 00.0" W                        
40 38 59.9" N                     074 05 00.0" W                        
40 38 59.9" N                     074 05 01.9" W                        
40 38 57.0" N                     074 05 15.0" W                        
40 38 47.6" N                     074 05 34.7" W                        
40 38 46.1" N                     074 05 43.9" W                        
                                                                        

and thence to the point of beginning, and the waters bounded by a line 
connecting the following points:

[[Page 603]]



                                                                        
            Latitude                             Longitude              
                                                                        
40 39 03.2" N                     074 04 41.0" W                        
40 39 03.0" N                     074 04 31.0" W                        
40 38 58.7" N                     074 04 18.2" W                        
40 38 51.1" N                     074 04 21.0" W                        
40 38 54.8" N                     074 04 32.1" W                        
40 39 01.2" N                     074 04 41.6" W                        
                                                                        

and thence to the point of the beginning.
    (c) Projected dates for each phase. (1) Phase I: 2 July 1991 through 
11 December 1991.
    (2) Phase II: 12 December 1991 through 18 June 1992.
    (3) Phase III: 19 June 1992 through 14 January 1993.
    (4) Phase IV: 15 January 1993 through 13 June 1993.
    (5) Phase V: 14 June 1993 through 09 April 1994.
    (d) Regulations. (1) No vessel shall enter or transit any work area 
where drill barges and/or dredges are located.
    (2) Each vessel transiting in the vicinity of the work areas, where 
drill barges and/or dredges are located, is required to do so at no wake 
speed.
    (3) No vessel shall enter the RNA when the are advised by the 
drilling barge or Vessel Traffic Service New York (VTSNY) that a misfire 
or hangfire has occurred. Vessels already underway in the RNA shall 
proceed to clear the area immediately.
    (4) Vessels, 300 gross tons or greater and tugs with tows, are 
prohibited from meeting or overtaking other vessels when transiting 
alongside work areas.
    (5) Vessels, 300 gross tons or greater and tugs with tows, 
transiting with the prevailing current are regarded as the stand-on 
vessel.
    (6) Prior to entering the RNA, the master, pilot or operator of each 
vessel, 300 gross tons or greater and tugs with tows, shall ensure that 
they have sufficient propulsion and directional control to safely 
navigate the area under the prevailing conditions, and shall notify 
VTSNY as to their decision regarding the employment of assist tugs while 
transiting the RNA.
    (7) Hawser or wire length must not exceed 100 feet, measured from 
the towing bit on the tug to the point where the hawser connects with 
the towed vessel, for any vessel with another vessel in tow.
    (8) Waiver. The Captain of the Port, New York may, upon request, 
authorize a devision from any regulation in this section if it is found 
that the proposed operations can be done safely. An application for 
deviation must be received not less than 24 hours before the intended 
operation and must state the need and describe the proposal.

[CGD1 89-065, 57 FR 11685, Apr. 7, 1992; 57 FR 13413, Apr. 16, 1992]



Sec. 165.166  Safety Zone; Annual Burlington Independence Day Celebration Fireworks Display, Burlington Bay, Vermont.

    (a) Location. All waters of Burlington Bay within a 250 yard radius 
of a fireworks platform anchored approximately 250 yards west of 
Burlington, Vermont, at or near 44 deg.28'33''N latitude and 
073 deg.13'33''W longitude (NAD 1983).
    (b) Effective period. The safety zone is in effect annually on the 
third of July from 7:45 p.m. until 10:15 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-012, 60 FR 31408, June 15, 1995]



Sec. 165.167  Safety Zone; Annual Rensselaer Festival Fireworks Display, Hudson River, New York.

    (a) Location. The safety zone includes the waters of the Hudson 
River, shore to shore, north of 42 deg.38'12'' N latitude (NAD 1983) and 
south of the Dunn Memorial Bridge, Albany, New York.
    (b) Effective period. This section is in effect annually on the 
third Saturday in September from 8:30 p.m. until 10 p.m., unless 
extended or terminated sooner by the Captain of the Port New

[[Page 604]]

York. The effective period will be announced annually via Safety Marine 
Information Broadcasts and locally issued notices.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD 01-011, 60 FR 42789, Aug. 17, 1995]



Sec. 165.170  Safety Zone; Heritage of Pride Fireworks Display, Hudson River, New York.

    (a) Location. All waters of the Hudson River within a 300 yard 
radius of a fireworks platform anchored approximately 330 yards west of 
the Manhattan pierhead line between Pier 45 and Pier 49.
    (b) Effective period. This section is in effect annually on the last 
Sunday in June from 9:30 p.m. until 11:30 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-003, 60 FR 33119, June 27, 1995]



Sec. 165.174  Safety Zone; Annual South Street Seaport New Year's Eve Fireworks Display, East River, New York.

    (a) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from Pier 9, Manhattan to Pier 3, 
Brooklyn, New York.
    (b) Effective period. This section is in effect annually from 11:30 
p.m. on December 31, until 12:45 a.m. on January 1, unless extended or 
terminated sooner by the Captain of the Port New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-010, 60 FR 57343, Nov. 15, 1995]



Sec. 165.175  Safety Zone; Annual South Street Seaport Memorial Day Fireworks Display, East River, New York.

    (a) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from Pier 9, Manhattan to Pier 3, 
Brooklyn.
    (b) Effective period. This safety zone is in effect annually on the 
Sunday before Memorial Day from 8 p.m. until 10 p.m., unless extended or 
terminated sooner by the Captain of the Port, New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-004, 60 FR 20430, Apr. 26, 1995]

[[Page 605]]



Sec. 165.178  Safety Zone; Annual North Hempstead Memorial Day Fireworks Display, Hempstead Harbor, New York.

    (a) Location. All waters of Hempstead Harbor within a 300 yard 
radius of a fireworks platform located approximately 300 yards north of 
Bar Beach, North Hempstead, New York.
    (b) Effective period. This safety zone is in effect annually on the 
Friday before Memorial Day from 8 p.m. until 10 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. If the fireworks 
is canceled because of bad weather, this section is in effect on the 
following Saturday at the time unless extended or terminated sooner by 
the Captain of the Port New York. The effective period will be announced 
annually via Safety Marine Information Broadcasts and locally issued 
notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

[CGD01-95-013, 60 FR 20431, Apr. 26, 1995]

                       Fifth Coast Guard District



Sec. 165.501   Chesapeake Bay entrance and Hampton Roads, Va. and adjacent waters--regulated navigation area.

    (a) Regulated Navigation Area. The waters enclosed by the shoreline 
and the following lines are a Regulated Navigation Area:
    (1) A line drawn across the entrance to Chesapeake Bay between Wise 
Point and Cape Charles Light, and then continuing to Cape Henry Light.
    (2) A line drawn across the Chesapeake Bay between Old Point Comfort 
Light and Cape Charles City Range ``A'' Rear Light.
    (3) A line drawn across the James River along the eastern side of 
the U.S. Route 17 highway bridge, between Newport News and Isle of Wight 
County, Virginia.
    (4) A line drawn across Chuckatuck Creek along the northern side of 
the north span of the U.S. Route 17 highway bridge, between Isle of 
Wight County and Suffolk, Virginia.
    (5) A line drawn across the Nansemond River along the northern side 
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
    (6) A line drawn across the mouth of Bennetts Creek, Suffolk, 
Virginia.
    (7) A line drawn across the Western Branch of the Elizabeth River 
along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.
    (8) A line drawn across the Southern Branch of the Elizabeth River 
along the northern side of the I-64 highway bridge, Chesapeake, 
Virginia.
    (9) A line drawn across the Eastern Branch of the Elizabeth River 
along the western side of the west span of the Campostella Bridge, 
Norfolk, Virginia.
    (10) A line drawn across the Lafayette River along the western side 
of the Hampton Boulevard Bridge, Norfolk, Virginia.
    (11) A line drawn across Little Creek along the eastern side of the 
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
    (12) A line drawn across Lynnhaven Inlet along the northern side of 
the Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
    (b) Definitions. In this section:
    (1) CBBT means the Chesapeake Bay Bridge Tunnel.
    (2) Thimble Shoal Channel consists of the waters bounded by a line 
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to 
Lighted Gong Buoy 17, thence to Lighted Buoy 19, thence to Lighted Buoy 
21, thence to Lighted Buoy 22, thence to Lighted Buoy 18, thence to 
Lighted Buoy 2, thence to the beginning.
    (3) Thimble Shoal North Auxiliary Channel consists of the waters in 
a rectangular area 450 feet wide adjacent to the north side of Thimble 
Shoal Channel, the southern boundary of which extends from Thimble Shoal 
Channel Lighted Buoy 2 to Lighted Buoy 18.

[[Page 606]]

    (4) Thimble Shoal South Auxiliary Channel consists of the waters in 
a rectangular area 450 feet wide adjacent to the south side of Thimble 
Shoal Channel, the northern boundary of which extends from Thimble Shoal 
Channel Lighted Bell Buoy 1TS, thence to Lighted Gong Buoy 17 thence to 
Lighted Buoy 19, thence to Lighted Buoy 21.
    (c) Applicability. This section applies to all vessels operating 
within the Regulated Navigation Area, including naval and public 
vessels, except vessels that are engaged in the following operations:
    (1) Law Enforcement.
    (2) Servicing aids to navigation.
    (3) Surveying, maintenance, or improvement of waters in the 
Regulated Navigation Area.
    (d) Regulations.--(1) Anchoring restrictions.
    (i) No vessel over 65 feet long may anchor or moor in this Regulated 
Navigation Area outside an anchorage designated in Sec. 110.168 of this 
title, unless:
    (A) The vessel has the permission of the Captain of the Port.
    (B) The vessel is carrying explosives for use on river or harbor 
works or on other work under a permit issued by the District Engineer, 
Corps of Engineers, and the vessel is anchored in or near the vicinity 
of the work site. The District Engineer shall prescribe the quantities 
of explosives allowed on the vessel and the conditions under which the 
vessel may store or handle explosives. The vessel may not anchor unless 
a copy of the permit and instructions relating to the carriage and 
handling of explosives from the Corps of Engineers to the vessel or 
contractor are provided to the Captain of the Port before the vessel 
anchors.
    (ii) A vessel may anchor in a channel with the permission of the 
Captain of the Port, if the vessel is authorized by the District 
Engineer to engage in the recovery of sunken property, to lay or repair 
a legally established pipeline or cable, or to engage in dredging 
operations.
    (iii) A vessel engaged in river and harbor improvement work under 
the supervision of the District Engineer may anchor in a channel, if the 
District Engineer notifies the Captain of the Port in advance of the 
start of the work.
    (iv) Except as provided in paragraphs (d)(1)(ii) and (iii) of this 
section, a vessel may not anchor in a channel unless it is unable to 
proceed without endangering the safety of persons, property, or the 
environment.
    (v) A vessel that is anchored in a channel because it is unable to 
proceed without endangering the safety of persons, property, or the 
environment, shall:
    (A) Not anchor, if possible, within a cable or pipeline area.
    (B) Not obstruct or endanger the passage of any vessel.
    (C) Anchor near the edge of the channel, if possible.
    (D) Not interfere with the free navigation of any channel.
    (E) Not obstruct the approach to any pier.
    (F) Not obstruct aids to navigation or interfere with range lights.
    (G) Move to a designated anchorage or get underway as soon as 
possible or when directed by the Captain of the Port.
    (vi) A vessel may not anchor within the confines of Little Creek 
Harbor, Desert Cove, or Little Creek Cove without the permission of the 
Captain of the Port. The Captain of the Port shall consult with the 
Commander, Naval Amphibious Base Little Creek, before granting 
permission to anchor within this area.
    (2) Secondary Towing Rig Requirements. (i) A vessel over 100 gross 
tons may not be towed in this Regulated Navigation Area unless it is 
equipped with a secondary towing rig, in addition to its primary towing 
rig, that:
    (A) Is of sufficient strength for towing the vessel.
    (B) Has a connecting device that can receive a shackle pin of at 
least two inches in diameter.
    (C) Is fitted with a recovery pickup line led outboard of the 
vessel's hull.
    (ii) A tow consisting of two or more vessels, each of which is less 
than 100 gross tons, that has a total gross tonnage that is over 100 
gross tons, shall be equipped with a secondary towing rig between each 
vessel in the tow, in addition to its primary towing rigs, while the tow 
is operating within this

[[Page 607]]

Regulated Navigation Area. The secondary towing rig must:
    (A) Be of sufficient strength for towing the vessels.
    (B) Have connecting devices that can receive a shackle pin of at 
least two inches in diameter.
    (C) Be fitted with recovery pickup lines led outboard of the 
vessels' hulls.
    (3) Anchoring Detail Requirements. A self-propelled vessel over 100 
gross tons, which is equipped with an anchor or anchors (other than a 
tugboat equipped with bow fenderwork of a type of construction that 
prevents an anchor being rigged for quick release), that is underway 
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall 
station its personnel at locations on the vessel from which they can 
anchor the vessel without delay in an emergency.
    (4) Draft Limitations. A vessel drawing less than 25 feet may not 
enter the Thimble Shoal Channel, unless the vessel is crossing the 
channel. Channel crossings shall be made as perpendicular to the channel 
axis as possible.
    (5) Traffic Directions. (i) Except when crossing the channel, a 
vessel in the Thimble Shoal North Auxiliary Channel shall proceed in a 
westbound direction.
    (ii) Except when crossing the channel, a vessel in the Thimble Shoal 
South Auxiliary Channel shall proceed in an eastbound direction.
    (6) Restrictions on Vessels With Impaired Maneuverability.--(i) 
Before entry. A vessel over 100 gross tons, whose ability to maneuver is 
impaired by hazardous weather, defective steering equipment, defective 
main propulsion machinery, or other damage, may not enter the Regulated 
Navigation Area without the permission of the Captain of the Port, 
unless the vessel is attended by one or more tugboats with sufficient 
total power to ensure the vessel's safe passage through the Regulated 
Navigation Area.
    (ii) After entry. The master of a vessel over 100 gross tons, which 
is underway in the Regulated Navigation Area, shall, as soon as 
possible, do the following, if the vessel's ability to maneuver becomes 
impaired for any reason:
    (A) Report the impairment to the Captain of the Port.
    (B) Unless the Captain of the Port waives this requirement, have one 
or more tugboats, with sufficient total power to ensure the vessel's 
safe passage through the Regulated Navigation Area, attend the vessel.
    (7) Requirements for Navigation Charts, Radars, and Pilots. No 
vessel over 100 gross tons may enter the Regulated Navigation Area, 
unless it has on board:
    (i) Corrected charts of the Regulated Navigation Area.
    (ii) An operative radar during periods of reduced visibility; or
    (iii) A pilot or other person on board with previous experience 
navigating vessels on the waters of the Regulated Navigation Area.
    (8) Emergency Procedures. (i) Except as provided in paragraphs 
(d)(8) (ii) and (iii) of this section, in an emergency any vessel may 
deviate from the regulations in this section to the extent necessary to 
avoid endangering the safety of persons, property, or the environment.
    (ii) A vessel over 100 gross tons with an emergency that is located 
within two nautical miles of the CBBT or I-664 Bridge Tunnel (other than 
a self-propelled vessel that is capable of getting underway in 30 
minutes, has sufficient power to avoid any bridge, tunnel island, or 
vessel, and whose maneuverability is not impaired by a steering 
equipment or main propulsion defect):
    (A) Shall notify the Captain of the Port of its location and the 
nature of the emergency, as soon as possible.
    (B) May not anchor outside an anchorage designated in Sec. 110.168 
of this title, unless the vessel is unable to proceed to an anchorage 
without endangering the safety of persons, property, or the environment.
    (C) Shall make arrangements for one or more vessels to attend the 
vessel, with sufficient power to keep the vessel in position.
    (iii) If a vessel over 100 gross tons must anchor outside an 
anchorage because the vessel is unable to proceed without endangering 
the safety of persons, property, or the environment, the vessel shall:
    (A) Not anchor, if possible, within a cable or pipeline area.

[[Page 608]]

    (B) Not obstruct or endanger the passage of any vessel.
    (C) Not interfere with the free navigation of any channel.
    (D) Not obstruct the approach to any pier.
    (E) Not obstruct aids to navigation or interfere with range lights.
    (F) Move to a designated anchorage or get underway as soon as 
possible or when directed by the Captain of the Port.
    (9) Vessel Speed Limits on Little Creek. A vessel may not proceed at 
a speed over five knots between the Route 60 bridge and the mouth of 
Fishermans Cove (Northwest Branch of Little Creek).
    (10) Vessel Speed Limits on the Southern Branch of the Elizabeth 
River. A vessel may not proceed at a speed over six knots between the 
junction of the Southern and Eastern Branches of the Elizabeth River and 
the Norfolk and Portsmouth Belt Line Railroad Bridge between Chesapeake 
and Portsmouth, Virginia.
    (11) Restrictions on Vessel Operations During Aircraft Carrier and 
Other Large Naval Vessel Transits of the Elizabeth River. (i) Except for 
a vessel that is moored at a marina, wharf, or pier or that is anchored, 
no vessel may, without the permission of the Captain of the Port, come 
within or remain within 500 yards from a naval aircraft carrier or other 
large naval vessel, which is restricted in its ability to maneuver in 
the confined waters, while the aircraft carrier or large naval vessel is 
transiting the Elizabeth River between the Norfolk Naval Base, Norfolk, 
Virginia, and the Norfolk Naval Shipyard, Portsmouth, Virginia.
    (ii) The permission required by paragraph (d)(11)(i) of this section 
may be obtained from a designated representative of the Captain of the 
Port, including the duty officer at the Coast Guard Marine Safety 
Office, Hampton Roads, or from the Coast Guard patrol commander.
    (iii) The Captain of the Port issues a Broadcast Notice to Mariners 
to inform the marine community of scheduled vessel movements that are 
covered by paragraph (d)(11) of this section.
    (iv) Notwithstanding paragraph (d)(11)(i) of this section, a vessel 
may not remain moored at the Elizabeth River Ferry dock at the foot of 
High Street in Portsmouth, Virginia, when the dock is within a safety 
zone for a naval aircraft carrier or other large naval vessel.
    (12) Restrictions on Vessel Operations During Liquefied Petroleum 
Gas Carrier Movements on the Chesapeake Bay and Elizabeth River. (i) 
Except for a vessel that is moored at a marina, wharf, or pier or that 
is anchored, and which remains moored or at anchor, no vessel may, 
without the permission of the Captain of the Port, come within or remain 
within 250 feet from the port and starboard sides and 300 yards from the 
bow and stern of a vessel that is carrying liquefied petroleum gas in 
bulk as cargo, while the gas carrier transits between Thimble Shoal 
Lighted Buoy 3 and the Atlantic Energy Terminal on the Southern Branch 
of the Elizabeth River.
    (ii) The permission required by paragraph (d)(12)(i) of this section 
may be obtained from a designated representative of the Captain of the 
Port, including the duty officer at the Coast Guard Marine Safety 
Office, Hampton Roads, or from the Coast Guard patrol commander.
    (iii) A vessel that has carried liquefied petroleum gas in a tank is 
carrying the liquefied petroleum gas as cargo for the purposes of 
paragraph (d)(12)(i) of this section, unless the tank has been gas freed 
since liquefied petroleum gas was last carried as cargo.
    (iv) The Captain of the Port issues a Broadcast Notice to Mariners 
to inform the marine community of scheduled vessel movements that are 
covered by paragraph (d)(12) of this section.
    (v) Notwithstanding paragraph (d)(12)(i) of this section, a vessel 
may not remain moored at the Elizabeth River Ferry dock at the foot of 
High Street in Portsmouth, Virginia, when the dock is within a safety 
zone for a liquefied petroleum gas carrier.
    (13) Restrictions on the Use of the Elizabeth River Ferry Dock at 
the Foot of High Street, Portsmouth, Virginia.
    (i) No vessels, other than those being operated as ferries for the 
Tidewater Transportation District Commission,

[[Page 609]]

may embark or disembark passengers or otherwise moor at the Elizabeth 
River Ferry dock at the foot of High Street, Portsmouth, Virginia.
    (ii) Any vessel being operated for the Tidewater Transportation 
District Commission may not moor at the dock longer than necessary to 
embark passengers awaiting transportation or disembark passengers 
already aboard the vessel.
    (iii) The master or another authorized licensed officer must remain 
in the pilothouse and be prepared to get the vessel underway immediately 
or take other actions necessary to ensure the safety of the vessel's 
passengers, whenever a vessel is moored at the dock.
    (e) Waivers. (1) The Captain of the Port may, upon request, waive 
any regulation in this section, if the Captain of the Port finds that 
the vessel can be operated safely.
    (2) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations.
    (f) Control of Vessels Within the Regulated Navigation Area. (1) 
When necessary to prevent damage, destruction, or loss of any vessel, 
the I-664 Bridge Tunnel, or the CBBT, the Captain of the Port may direct 
the movement of vessels or issue orders requiring vessels to anchor or 
moor in specific locations.
    (2) If needed to further the maritime or commercial interests of the 
United States, the Captain of the Port may order a vessel to move from 
the location in which it is anchored to another location within the 
Regulated Navigation Area.
    (3) The master of a vessel within the Regulated Navigation Area 
shall comply with any orders or directions issued to the master's vessel 
by the Captain of the Port.

[CGD 05-88-17, 54 FR 608, Jan. 9, 1989; CGD 05-88-17, 54 FR 7190, Feb. 
17, 1989, as amended by CGD 05-89-01, 54 FR 19169, May 4, 1989]



Sec. 165.502  Cove Point, Chesapeake Bay, Maryland--safety zone.

    (a) The waters and waterfront facilities located within the 
following boundaries constitute a safety zone effective when an LNG 
(Liquefield Natural Gas) carrier is maneuvering in the vicinity of the 
Cove Point terminal and when a moored LNG carrier indicates its 
intention to get underway: A line beginning at a point one-half mile NW 
of the end of the north pier of the Columbia LNG facility at Cove Point, 
Maryland, located at 38 deg.24'43''N latitude, 76 deg.23'32''W 
longitude; thence 056 deg.T to a point 2800 yards offshore at 
38 deg.24'59''N latitude, 76 deg.23'01''W longitude; thence 146 deg.T to 
a point located 2300 yards offshore at 38 deg.23'52''N latitude, 
76 deg.22'03''W longitude; thence 236 deg.T to a point one-half mile SE 
of the end of the south pier of the Columbia LNG facility at Cove Point, 
Maryland, located 38 deg.23'39''N latitude, 76 deg.22'35''W longitude; 
thence northwesterly to the point of origin and the area within 50 yards 
on the shore side of the Columbia LNG Corporation offshore terminal.
    (b) The waters and waterfront facilities located within the 
following boundary constitute a safety zone when an LNG carrier is 
moored at the Columbia LNG offshore terminal; an area extending 50 yards 
shoreward of the offshore terminal and 200 yards offshore of all parts 
of the offshore terminal and the LNG carrier.
    (c) The waters and waterfront facilities located within the 
following boundary constitute a safety zone when no LNG carrier is 
moored at the receiving terminal: the area within 50 yards of the 
Columbia LNG offshore terminal, at Cove Point, Maryland.



Sec. 165.503  Chesapeake Bay ice navigation season.

    (a) The following is a regulated navigation area: the waters within 
the boundary of a line which starts at the intersection of the Delaware-
Maryland boundary and the coastline and follows the Delaware-Maryland 
boundary west and north to the Pennsylvania boundary but includes the 
Chesapeake and Delaware Canal and the reaches of the Nanticoke River; 
thence due east along the Pennsylvania-Maryland boundary to the West 
Virginia boundary; thence south and eastward along the Maryland-West 
Virginia boundary to the Virginia boundary; thence southwestward along 
the Virginia-West Virginia boundary to a point 39 deg.06'N. latitude, 
78 deg.30'W. longitude; thence to a point 38 deg.19.5'N. latitude, 
77 deg.25.2'W. longitude; thence to a point 37 deg.55'N. latitude, 
76 deg.28.2'W. longitude; thence to a point

[[Page 610]]

37 deg.55'N. latitude, 76 deg.16.8'W. longitude; thence to a point 
37 deg.56.5'N. latitude, 76 deg.10.5'W. longitude; thence to a point 
37 deg.57.2'N. latitude, 76 deg.03'W. longitude on Chesapeake Bay; 
thence along the Maryland-Virginia boundary to the sea.
    (b) The regulations in paragraphs (c) and (d) of this section are 
placed in effect and terminated by the Captain of the Port Baltimore by 
notice in the Federal Register. Notice is also given in the Fifth Coast 
Guard District Local Notice to Mariners and other available public 
notice means such as COTP newsletters and news broadcasts. This 
regulated navigation area will normally be placed in effect and 
terminated between December and March of the following year.
    (c) This regulated navigation area applies to:
    (1) Operators of those vessels defined under subparagraph (3) of 
section 5 of the Port and Tanker Safety Act, 92 Stat. 1482 (46 U.S.C. 
391a), which includes any vessel--
    (i) Regardless of tonnage, size, or manner of propulsion;
    (ii) Whether self-propelled or not; and
    (iii) Which carries oil or any hazardous materials in bulk as cargo 
or in residue;
    (2) Operators of those vessels defined under section 4, 
subparagraphs (1) through (3) of the Vessel Bridge-to-Bridge 
Radiotelephone Act, 85 Stat. 164 (33 U.S.C. 1203(a) (1) through (3)), 
which includes--
    (i) Every power-driven vessel of three hundred gross tons and 
upward;
    (ii) Every vesssel of one hundred gross tons and upward carrying one 
or more passengers for hire; and
    (iii) Every towing vessel of twenty-six feet or greater in length.
    (d) Upon entering or getting underway in this regulated navigation 
area when the regulations in this section are in effect, operators of 
vessels described in paragraph (c) of this section shall check with the 
Captain of the Port, Baltimore, by the most rapid means available, and 
request the current COTP Orders issued for this regulated navigation 
area. Operators of affected vessels that cannot meet this requirement 
shall not navigate their vessels in the regulated navigation area.
    (e) If unable to comply with a currently effective COTP Order, 
operators of vessels described in paragraph (c) of this section shall 
not navigate their vessels in the regulated navigation area and shall 
notify COTP Baltimore by the most rapid means available. Such 
notification shall include:
    (1) The name of the vessel,
    (2) The vessel's location, and
    (3) That provision of the currently effective order with which the 
vessel cannot comply.

[CGD 81-067, 48 FR 22545, May 19, 1983]



Sec. 165.504  Newport News Shipbuilding and Dry Dock Company Shipyard, James River, Newport News, Va.

    (a) Location. The following is a security zone: The waters of the 
James River encompassed by a line beginning at the intersection of the 
shoreline with the northernmost property line of the Newport News 
Shipbuilding and Dry Dock Co. at latitude 37 deg.00'38.1" N, longitude 
76 deg.27'05.7" W, thence southerly to latitude 36 deg.59'58.4" N, 
longitude 76 deg.27'16.7" W, thence southeasterly to latitude 
36 deg.59'23.0" N, longitude 76 deg.26'54.6" W, thence westerly to 
latitude 36 deg.59'21.5" N, longitude 76 deg.26'58.4" W, thence 
southeasterly to latitude 36 deg.59'12.9" N, longitude 76 deg.26'52.4" 
W, thence easterly to latitude 36 deg.59'14.2" N, longitude 
76 deg.26'49.1" W, thence southeasterly to latitude 36 deg.58'37.8" N, 
longitude 76 deg.26'26.3" W, thence easterly to latitude 36 deg.58'43.5" 
N, longitude 76 deg.26'13.7" W, thence northerly to the intersection of 
the shoreline with the southernmost property line of the Newport News 
Shipbuilding and Dry Dock Co. at latitude 36 deg.58'48.0" N, longitude 
76 deg.26'11.2" W, thence northwesterly along the shoreline to the point 
of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: The waters of the James River encompassed by a line beginning 
at the intersection of the shoreline with the northernmost property line 
of the Newport News Shipbuilding and Dry Dock Company shipyard at 
latitude 37 deg.00'38.1" N, longitude 76 deg.27'05.7" W, thence 
southerly to latitude 36 deg.59'58.4" N, longitude 76 deg.27'16.7" W, 
thence easterly to the

[[Page 611]]

shoreline at latitude 36 deg.59'58.5" N, longitude 76 deg.27'11.6" W, 
thence along the shoreline to the point of beginning.
    (c) Special Regulations. (1) Section 165.33 (a), (e), and (f) do not 
apply to the following vessels or individuals on board those vessels:
    (i) Public vessels of the United States.
    (ii) Public vessels owned or operated by the Commonwealth of 
Virginia or its subdivisions for law enforcement or firefighting 
purposes.
    (iii) Vessels owned by, operated by, or under charter to Newport 
News Shipbuilding and Dry Dock Co.
    (iv) Vessels that are performing work at Newport News Shipbuilding 
and Dry Dock Co., including the vessels of subcontractors and other 
vendors of Newport News Shipbuilding and Dry Dock Co. or other persons 
that have a contractual relationship with Newport News Shipbuilding and 
Dry Dock Co.
    (v) Vessels that are being built, rebuilt, repaired, or otherwise 
worked on at or by Newport News Shipbuilding and Dry Dock Co. or another 
person authorized to perform work at the shipyard.
    (vi) Vessels that are authorized by Newport News Shipbuilding and 
Dry Dock Company to moor at and use its facilities.
    (vii) Commercial shellfish harvesting vessels taking clams from the 
shellfish beds within the zone, if
    (A) The owner of the vessel has previously provided the Captain of 
the Port, Hampton Roads, Virginia, information about the vessel, 
including:
    (1) The name of the vessel;
    (2) The vessel's official number, if documented, or state number, if 
numbered by a state issuing authority;
    (3) A brief description of the vessel, including length, color, and 
type of vessel;
    (4) The name, Social Security number, current address, and telephone 
number of the vessel's master, operator, or person in charge; and
    (5) Upon request, information the vessel's crew.
    (B) The vessel is operated in compliance with any specific orders 
issued to the vessel by the Captain of the Port or other regulations 
controlling the operation of vessels within the security zone that may 
be in effect.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the 
enforcement of this zone by the U.S. Navy.

[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR 
41996, Nov. 2, 1987]



Sec. 165.510  Delaware Bay and River--regulated navigation area.

    (a) The following is a regulated navigation area: The waters of 
Delaware Bay and River, south and southwest of the southern span of the 
Delaware Memorial Bridge, and inside the boundary line of inland waters 
described in Sec. 80.325 of this chapter.
    (b) Regulation. (1) Draft Limitation. Unless otherwise authorized by 
the Captain of the Port, no vessel with a draft greater than 55 feet may 
enter this regulated navigation area.
    (2) Oil transfer operations. Unless otherwise authorized by the 
Captain of the Port, no vessel may conduct oil transfer operations in 
this regulated navigation area except in the anchorage ground designated 
in Sec. 110.157(a)(1) of this chapter.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Cape Fear River bounded by a line connecting 
the following points:


    Latitude                         Longitude                          
                                                                        
34 deg.14'12'' N                     77 deg.57'10'' W                   
34 deg.14'12'' N                     77 deg.57'06'' W                   
34 deg.13'54'' N                     77 deg.57'00'' W                   
34 deg.13'54'' N                     77 deg.57'06'' W                   
                                                                        

    (2) The safety zone boundary can be described as follows: starting 
at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear 
River to the north end of the Coast Guard moorings, down along the east 
bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS 
Memorial (Chandler's Wharf), back across the Cape Fear River to Eagle 
Island, and

[[Page 612]]

then up along the west bank of the Cape Fear River to the stern of the 
Battleship USS NORTH CAROLINA.
    (b) Definitions. The designated representative of the Captain of the 
Port is any Coast Guard commissioned, warrant , or petty officer who has 
been authorized by the Captain of the Port, Wilmington, North Carolina 
to act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Wilmington, North Carolina, can be 
contacted at telephone number (910) 343-4895. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 81.
    (d) Regulation. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain in 
the regulated area.
    (1) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (2) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of the section, but may not block a navigable 
channel.
    (e) Effective date. The Captain of the Port will issue a Marine 
Safety Information Broadcast and a Notice to Mariners to notify the 
public when this section is in effect.

[59 FR 33200, June 28, 1994]



Sec. 165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.

    (a) Location. The following area is a moving safety zone during the 
specified conditions: The waters of the Cape Fear and Northeast Cape 
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a 
vessel carrying hazardous materials when designated by the Captain of 
the Port Wilmington, North Carolina.
    (b) General Information. (1) The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Wilmington, North Carolina, can be 
contacted at telephone number (910) 343-4895. The Coast Guard Patrol 
Commander enforcing the safety zone can be contacted on VHF-FM channels 
16 and 81.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.
    (3) The Marine Safety Office Wilmington will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice of scheduled arrivals and departures of loaded 
hazardous materials vessels via a marine broadcast Notice to Mariners.
    (c) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply.

[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994]

                      Seventh Coast Guard District



Sec. 165.701  Vicinity, Kennedy Space Center, Merritt Island, Florida--security zone.

    (a) The water, land, and land and water within the following 
boundaries are a security zone--The perimeter of the Cape Canaveral 
Barge Canal and the Banana River at 28 deg.24'33''N, 80 deg.39'48''W; 
then due west along the northern shoreline of the barge canal for 1,300 
yards; then due north to 28 deg.28'42''N, 80 deg.40'30''W, on Merritt 
Island. From this position, the line proceeds irregularly to the eastern 
shoreline of the Indian River to a position 1,300 yards south of the 
NASA Causeway at 28 deg.30'54''N, 80 deg.43'42''W (the line from the 
barge canal to the eastern shoreline of the Indian River is marked by a 
three-strand barbed-wire fence), then north along the shoreline of the 
Indian River to the NASA Causeway at 28 deg.31'30''N, 80 deg.43'48''W. 
The line continues west on the southern shoreline of the NASA Causeway 
to NASA Gate 3 (permanent), then north to the northern shoreline of the 
NASA Causeway and east on the northern shoreline of the causeway back to 
the shoreline on Merritt Island at position 28 deg.31'36''N,

[[Page 613]]

80 deg.43'42''W, then northwest along the shoreline to 
28 deg.41'01.2''N, 80 deg.47'10.2''W. (Blackpoint); then due north to 
channel marker 6 on the Intracoastal Waterway (ICW), then northeast 
along the southern edge of the ICW to the western entrance to the 
Haulover Canal. From this point, the line continues northeast along the 
southern edge of the Haulover Canal to the eastern entrance to the 
canal; then due east to a point in the Atlantic Ocean 3 miles offshore 
at 28 deg.44'42''N, 80 deg.37'51''W; then south along a line 3 miles 
from the coast to Wreck Buoy ``WR6'', then to Port Canaveral Channel 
Lighted Buoy 10, then west along the northern edge of the Port Canaveral 
Channel to the northeast corner of the intersection of the Cape 
Canaveral Barge Canal and the ICW in the Banana River at 
28 deg.24'36''N, 80 deg.38'42''W. The line continues north along the 
east side of the Intracoastal Waterway to daymarker `35' thence North 
Westerly one quarter of a mile south of NASA Causeway East (Orsino 
Causeway) to the shoreline on Merritt Island at position 28-30.95N, 80-
37.6W, then south along the shoreline to the starting point.
    (b) The area described in paragraph (a) of this section is closed to 
all vessels and persons, except those vessels and persons authorized by 
the Commander, Seventh Coast Guard District, or the COTP Jacksonville, 
Florida, whenever space vehicles are to be launched by the United States 
Government from Cape Canaveral.
    (c) COTP Jacksonville, Florida, closes the security zone, or 
specific portions of it, by means of locally promulgated notices. The 
closing of the area is signified by the display of a red ball from a 90-
foot pole near the shoreline at approximately 28 deg.35'00''N, 
80 deg.34'36''W, and from a 90-foot pole near the shoreline at 
approximately 28 deg.25'18'N, 80 deg.35'00''W. Appropriate Local Notices 
to Mariners will also be broadcast on 2670 KHZ.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR 
11696, Mar. 21, 1983]



Sec. 165.703  Tampa Bay, Florida--Safety Zone.

    (a) A floating safety zone is established consisting of an area 1000 
yards fore and aft of a loaded anhydrous ammonia vessel and the width of 
the channel in the following areas:
    (1) For inbound tank vessels loaded with anhydrous ammonia, Tampa 
Bay Cut ``F'' Channel from Lighted Buoys ``3F'' and ``4F'' north through 
and including Gadsden Point Cut Lighted Buoy ``3'' and commencing at 
Gadsden Point Cut Lighted Buoys ``7'' and ``8'' north and including 
Hillsborough Cut ``C'' Channel.
    (i) For vessels bound for R. E. Knight Pier at Hookers Point the 
safety zone includes, in addition to the area in paragraph (a)(1) of 
this section, Hillsborough Cut ``D'' Channel to the southern tip of 
Harbor Island.
    (ii) For vessels bound for the anhydrous ammonia receiving terminals 
to Port Sutton the safety zone includes, in addition to the area in 
paragraph (a)(1) of this section, Port Sutton Channel.
    (2) For outbound tank vessels loaded with anhydrous ammonia the 
safety zone is established when the vessel departs the receiving 
terminal and continues through the area described in paragraph (a)(1) of 
this section.
    (3) The floating safety zone is disestablished when the anhydrous 
ammonia carrier is safely moored at the anhydrous ammonia receiving 
facility.
    (b) A safety zone is established which extends 150 feet waterside 
from an anhydrous ammonia vessel while it is moored at the receiving 
facilities at R. E. Knight on Hookers Point and W. R. Grace and 
International Metals and Chemicals at Port Sutton. Any vessels desiring 
to enter the safety zone must obtain authorization from the Captain of 
the Port Tampa. Vessels transiting in the vicinity of the safety zone 
should do so with as slow a speed as conditions permit.
    (c) The general regulations governing safety zones contained in 
Sec. 165.23 apply.
    (d) The Marine Safety Office Tampa will notify the maritime 
community of periods during which these safety zones will be in effect 
by providing advance notice of scheduled arrivals and departures of 
loaded anhydrous ammonia vessels via a marine broadcast Notice to 
Mariners.
    (e) Should the actual time of entry of the anhydrous ammonia vessel 
into the

[[Page 614]]

safety zone vary more than one half hour from the scheduled time stated 
in the broadcast Notice to Mariners, the person directing the movement 
of the anhydrous ammonia vessel shall obtain permission from Captain of 
the Port Tampa before commencing the transit.
    (f) Prior to commencing the movement, the person directing the 
movement of the anhydrous ammonia vessel shall make a security broadcast 
to advise mariners of the intended transit. All additional security 
broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST 
shall be made through the transit.
    (g) Vessels carrying anhydrous ammonia are permitted to enter and 
transit Tampa Bay and Hillsborough Bay and approaches during daylight 
hours only with a minimum of three miles visibility.
    (h) The Captain of the Port Tampa may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for purposes 
of port safety or environmental safety.
    (i) The owner, master, agent or person in charge of a vessel or 
barge, loaded with anhydrous ammonia shall report the following 
information to the Captain of the Port, Tampa at least twenty-four hours 
before entering Tampa Bay or its approaches or departing from Tampa Bay:
    (1) Name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination:
    (4) The estimated time that the vessel is expected to begin its 
transit of Tampa Bay and the time it is expected to commence its transit 
of the safety zone.
    (5) The cargo carried and amount.

[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR 
31763, Aug. 24, 1987]



Sec. 165.704  Tampa Bay, Florida, Safety Zone.

    (a) A floating safety zone is established consisting of an area 500 
yards fore and aft of a loaded liquefied petroleum gas (LPG) vessel and 
the width of Tampa Bay Cut ``J'' channel from buoy ``10J'' (LLNR 1589) 
north and including Tampa Bay Cut ``K'' Channel to buoy ``11K'' (LLP 
117). Vessels are not permitted to meet or pass the loaded LPG vessel 
when it transits these channels.
    (b) When a loaded LPG vessel departs the marked channel at Tampa Bay 
Cut ``K'' buoy ``11K'' (LLP 117) enroute to Rattlesnake slip, Tampa, FL. 
the floating safety zone extends 500 yards in all directions surrounding 
the loaded LPG vessel, until it arrives at the entrance to Rattlesnake 
slip. While the loaded LPG vessel is maneuvering in the slip and until 
it is safely moored at Warren Petroleum, Rattlesnake slip the floating 
safety zone extends 150 feet fore and aft of the loaded LPG vessel and 
the width of the slip. Moored vessels are allowed within the parameters 
of the 150 foot safety zone.
    (c) The floating safety zone is disestablished when the LPG vessel 
is safely moored at the LPG receiving facility at Warren Petroleum, 
Rattlesnake slip.
    (d) A fixed safety zone is established when an LPG vessel is safely 
moored at Warren Petroleum, extending 50 feet waterside from the vessel. 
Vessels are permitted to pass the moored LPG vessel; so long as they do 
not enter the fixed safety zone, and proceed only with extreme caution 
at the slowest safe speed possible. Vessels may not enter the fixed 
safety zone without the permission of the Captain of the Port Tampa.
    (e) For an outbound vessel loaded with LPG, the floating safety zone 
is established when the vessel departs from the receiving facility and 
continues through the areas described in (a) and (b) above.
    (f) The general regulations governing safety zones contained in 
Sec. 165.23 apply.
    (g) The Marine Safety Office Tampa will notify the maritime 
community of periods during which these safety zones will be in effect 
by providing advance notice of scheduled arrivals and departures of 
loaded LPG vessels via a marine broadcast Notice to Mariners.
    (h) The owner, master, agent or person in charge of a vessel or 
barge, loaded with LPG shall report the following

[[Page 615]]

information to the Captain of the Port, Tampa at least twenty-four hours 
before entering Tampa Bay or its approaches:
    (1) Name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination;
    (4) The estimated time that the vessel is expected to begin its 
transit of Tampa Bay and the time it is expected to commence its transit 
of the safety zone.
    (5) The cargo carried and amount.
    (i) Should the actual time of entry of the LPG vessel into the 
safety zone area vary more than one half (\1/2\) hour from the scheduled 
time stated in the broadcast Notice to Mariners, the person directing 
the movement of the LPG vessel shall obtain permission from the Captain 
of the Port Tampa before commencing the transit.
    (j) Prior to commencing the movement, the person directing the 
movement of the LPG vessel shall make a security broadcast to advise 
mariners of the intended transit. All additional security broadcasts as 
recommended by the U.S. Coast Pilot 5 Atlantic Coast shall be made 
throughout the transit.
    (k) Vessels carrying LPG are permitted to enter and transit Tampa 
Bay and approaches only with a minimum of three miles visibility.
    (l) The Captain of the Port Tampa may waive any of the requirements 
of this support for any vessel or class of vessel upon finding that the 
operational conditions of a vessel or class of vessels, or other 
circumstances are such that application of this subpart is unnecessary 
or impractical for the purposes of port safety or environmental safety.

[CCGD7-86-06, 52 FR 2690, Jan. 26, 1987]



Sec. 165.T0704  Safety Zone: Savannah River, Savannah, Georgia.

    (a) Location. The following area is a safety zone: Two hundred foot 
radius around Garden City Terminal, approximate position 32 degrees 8 
minutes, N, 81 degrees 9.5 minutes W, and around all cargo ships loaded 
with military equipment and transiting the Savannah River.
    (b) Effective dates. This regulation becomes effective at 12 p.m. 14 
December 1990 until terminated by the Captain of the Port, Savannah, GA.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the zone is subject to the 
following requirements.
    (1) All persons and vessels in the vicinity of the safety zone shall 
immediately obey any direction or order of the Captain of the Port or a 
representative of the Captain of the Port.
    (2) The ``representative of the Captain of the Port'' is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA to act on his behalf. A 
representative of the Captain of the Port may be contacted on board any 
Coast Guard vessel assigned to enforce the safety zone.
    (3) Before entering the safety zone, a vessel operator shall contact 
the Captain of the Port or a representative of the Captain of the Port 
to determine what restrictions, if any, have been imposed on vessels in 
the safety zone. The Captain of the Port may be contacted by telephone 
via the Command Duty Officer at (912) 944-4371. Coast Guard vessels 
assisting in the enforcement of the safety zone may be contacted on VHF-
FM channels 13 or 16, or vessel operators may determine restrictions in 
effect for the safety zone by coming alongside a Coast Guard vessel 
patrolling the perimeter of the safety zone.
    (4) The Captain of the Port will issue a Marine Safety Information 
Broadcast Notice to Mariners to Notify the maritime community of the 
safety zone and restrictions imposed.

[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]

    Editorial Note: At 55 FR 52272, Dec. 21, 1990, Sec. 165.T0704 was 
added. This is an emergency temporary rule and will remain in effect 
until terminated by the Captain of the Port Savannah, GA.



Sec. 165.705  Port Canaveral Harbor, Cape Canaveral, Florida.

    (a) Security Zone A--East (Trident) Basin, Port Canaveral Harbor, at 
Cape Canaveral Air Force Station, Brevard County, Florida. All waters of 
the East Basin north of latitude 28 deg.24'36''N.
    (b) Security Zone B--Middle Basin, Port Canaveral Harbor, adjacent 
to the

[[Page 616]]

Navy wharf at Cape Canaveral Air Force Station, Brevard County, Florida. 
The waters of Port Canaveral Harbor within a line circumscribing the 
water approaches to the Navy wharf along the northeasterly edge of the 
Port Canaveral Harbor turning basin at a distance of 200 feet from all 
portions of the wharf including the dolphins located 200 feet off the 
northwest end and 75 feet off the southeast end of the wharf.
    (c) Entrance into these zones by vessels other than vessels owned or 
leased by the United States is prohibited without permission of the 
Captain of the Port, Jacksonville, Florida.
    (d) The general regulations governing security zones contained in 33 
CFR 165.33 apply.

[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9, 
1989; CGD7 89-21, 54 FR 26198, June 22, 1989]



Sec. 165.708   Safety/Security Zone; Charleston Harbor and Cooper River, Charleston, SC.

    (a) Regulated area. The following boundaries are established as a 
safety and security zone during specified conditions:
    (1) All waters 200 yards ahead and astern and 100 yards to each side 
of a vessel transporting nuclear materials while the vessel transits 
from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885, position 32-
39.6N, 079-40.9W) to the Charleston Naval Weapons Station (position 32-
55.4N, 079-56.0W) on the Cooper River. All coordinates referenced use 
datum: NAD 1983.
    (2) All waters within 100 yards of the vessel described in paragraph 
(a)(1) of this section while the vessel is conducting cargo operations 
at the Charleston Naval Weapons Station.
    (b) Captain of the Port Charleston will announce the activation of 
the safety/security zones described in paragraph (a) of this section by 
Broadcast Notice to Mariners. The general regulations governing safety 
and security zones contained in Secs. 165.23 and 165.33 apply.

[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]



Sec. 165.709  Egmont Channel, Tampa Bay, FL--regulated navigation area.

    (a) The following is a regulated navigation area: Waters within the 
boundaries of a line beginning at 27-36-37N, 082-48-43W; thence to 27-
36-15N, 082-52-10W; thence to 27-36-07N, 082-52-10W; thence to 27-36-
30N, 082-48-42W; and thence to the beginning point.
    (b) A vessel which requires use of the channel due to its draft 
shall not meet or overtake a vessel with a draft of 36 feet or greater 
within the regulated area.
    (c) A vessel with a draft of 36 feet or greater must make a security 
broadcast 30 minutes prior to entering the regulated area.

[CGD07-93-009, 59 FR 56396, Nov. 14, 1994]



Sec. 165.711  Safety Zone: Port Everglades, Fort Lauderdale, FL.

    (a) Regulated Area. A moving safety zone is established in the 
following area:
    (1) The waters around naval aircraft carriers entering Port 
Everglades in an area 700 yards forward, 500 yards astern and 350 yards 
on either side of each vessel, beginning at the Port Everglades Sea Buoy 
in approximate position 26 deg.05.5'N, 80 deg.04.8'W and continuing 
until the vessel is safely moored in approximate position 26 deg.04.9'N, 
80 deg.06.9'W. All coordinates referenced use datum: NAD 83.
    (2) The waters around naval aircraft carriers departing Port 
Everglades in an area 700 yards forward, 500 yards astern and 350 yards 
on either side of each vessel beginning at the Pier in approximate 
position 26 deg.04.9'N, 80 deg.06.9'W, and continuing until the stern 
passes the Port Everglades Sea Buoy, in approximate position 
26 deg.05.5'N, 80 deg.04.8'W. All coordinates referenced use datum: NAD 
83.
    (b) Regulations. (1) No person or vessel may enter, transit, or 
remain in the safety zone unless authorized by the Captain of the Port, 
Miami, Florida, or a Coast Guard commissioned, warrant, or petty officer 
designated by him.
    (2) Vessels encountering emergencies which require transit through 
the moving safety zone should contact the Coast Guard patrol craft on 
VHF Channel 16. In the event of an emergency,

[[Page 617]]

the Coast Guard patrol craft may authorize a vessel to transit through 
the safety zone with a Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of this regulation and other applicable laws.

[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]

    Effective Date Note: By COTP MIAMI 96-054, 62 FR 32201, June 13, 
1997, Sec. 165.711 was added, effective July 14, 1997.



Sec. 165.713  Safety Zone, Ashley River, Charleston, South Carolina.

    (a) Location. The following area is a safety zone: An area in the 
Ashley River across its entire width along the river frontage of 
Brittlebank Park from the upper/northern U.S. highway 17 Bascule Bridge 
to red nun buoy ``6'', centering at Latitude 32 deg.-47.2'N Longitude 
78 deg.-57.8'W. The fireworks will be launched from a barge moored in 
the Ashley River.
    (b) Effective Date. The safety zone becomes effective on July 4 each 
year at 8 p.m. EDT. It terminates at the conclusion of the fireworks 
display at approximately 10:30 p.m. EDT, on July 4 each year, unless 
sooner terminated by the Captain of the Port.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Charleston, South Carolina.

[COTP Charleston Reg. 91-13, 56 FR 30508, July 3, 1991]



Sec. 165.TO7-013  Security Zone: Internal waters and territorial seas adjacent to Florida south of 26 deg.19'N latitude.

    (a) Location. The following area is established as a security zone: 
All U.S. internal waters and territorial seas adjacent to the State of 
Florida south of 26 deg.19'N latitude. In general these are the U.S. 
internal waters and territorial seas adjacent to Collier, Dade, Monroe 
and Broward Counties of the State of Florida.
    (b) Applicability. This section applies to non-public vessels less 
than 50 meters (165 feet) in length and all associated auxiliary vessels 
within the security zone, but shall not apply to foreign flagged vessels 
in innocent passage in the territorial sea of the United States. For the 
purpose of this section, an ``auxiliary vessel'' includes every 
description of watercraft or other artificial contrivance used or 
capable of being used as a means of transportation on water attached to, 
or embarked in, another vessel to which this section applies.
    (c) Regulations. (1) The general regulations in Sec. 165.33 of this 
part do not apply to this security zone.
    (2) Non-public vessels less than 50 meters (165 feet) in length and 
persons on board those vessels may not get underway from a berth, pier, 
mooring or anchorage in the security zone, or depart from the security 
zone, with the intent to enter Cuban territorial waters without express 
written authorization from one of the following officials or their 
designees; Commander, Seventh Coast Guard District; the Captain of the 
Port Miami; or the Captain of the Port Tampa. The aforementioned 
officials may issue orders to control the movement of vessels to which 
this section applies.
    (3) Where there is an articulable basis to believe a vessel to which 
this section applies intends to enter Cuban territorial waters, an above 
referenced official may require the master, owner, or person in charge 
of a vessel within the security zone, including all auxiliary vessels, 
to provide verbal assurance that the vessel will not enter Cuban 
territorial waters as a condition for a vessel to get underway from a 
berth, pier, mooring, or anchorage in the security zone, or depart from 
the security zone. In addition, an above referenced official may require 
the master, owner, or person in charge of the vessel to identify all 
persons on board the vessel and provide verbal assurances that all 
persons on board have received actual notice of these regulations.
    (4) The owner or person in charge of the vessel shall maintain the 
express written authorization for the vessel on board the vessel.

[[Page 618]]

    (d) Enforcement. (1) Vessels or persons violating this section may 
be subject to:
    (i) Seizure and forfeiture of the vessel;
    (ii) A monetary penalty of not more than $10,000; and
    (iii) Imprisonment for not more than 10 years.
    (2) Violation of 18 U.S.C. Sec. 1001 may result in imprisonment for 
not more than five years or a fine, or both.
    (e) This section implements Presidential Proclamation No. 6867. This 
section is issued under the authority delegated in Department of 
Transportation Order No. 96-3-7.

[CGD07-96-013, 62 FR 25391, May 14, 1997]



Sec. 165.714  Regulated Navigation Area; Atlantic Ocean, Charleston, SC

    (a) Location. The following area is a Regulated Navigation Area: A 
trapezoid at the water surface, and the entire water column from surface 
to seabed inclusive of the vessel, bounded by the following four 
coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude     
------------------------------------------------------------------------
Western boundary............  32 deg.42'56'' N      79 deg.47'34'' W    
Southern boundary...........  32 deg.42'32'' N      79 deg.46'42'' W    
Eastern boundary............  32 deg.43'26'' N      79 deg.45'27'' W    
Northern boundary...........  32 deg.43'56'' N      79 deg.46'08'' W    
------------------------------------------------------------------------

    (NAD 83)
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, all vessels and persons are prohibited from 
anchoring, diving, laying cable or conducting salvage operations in this 
zone except as authorized by the Captain of the Port.

[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]



Sec. 165.720  Safety/Security Zone: St. Johns River, Jacksonville, FL

    (a) Location. The water and the land within the following boundaries 
are established as a safety and security zone during specified 
conditions:
    (1) All waters within 200 yards of Blount Island, Jacksonville, 
Florida and all adjacent land within 100 yards of the island shoreline 
during staging of Department of Defense equipment and during the 
loading/unloading of military supply vessels.
    (2) All waters within 200 yards of ``any'' waterfront facility at 
which a laden military vessel is located and all land at the facility, 
including docks and piers, within 100 yards of the St. Johns River.
    (3) All waters within 200 yards of any specified military supply 
vessel during its transit of the St. Johns River and out to three (3) 
nautical miles offshore.
    (b) Regulations. (1) For public notice, the zone described in 
paragraph (a)(1) of this section is effective beginning 11 December 1990 
and will remain in force until cancelled by the Captain of the Port 
Jacksonville, Florida.
    (2) The COTP Jacksonville may activate, as necessary, any portion of 
the safety/security zone described in paragraphs (a)(2) and (a)(3) of 
this section by means of locally promulgated broadcast notice to 
mariners. Once implemented, neither overtaking nor meeting situations 
will be allowed during specified vessel transits.
    (3) In accordance with the general regulations governing safety and 
security zones contained in 33 CFR 165.23 and 165.33 of this part, entry 
into any portion of the described zone is prohibited unless authorized 
by the Captain of the Port Jacksonville, Florida.
    (4) This regulation does not apply to authorized law enforcement 
agencies operating within the safety/security zone.

[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990]



Sec. 165.721  Safety Zone: St. Johns River, Jacksonville, FL

    (a) Location. The following area is established as a safety zone 
during the specified conditions: The waters within a 500 yard radius of 
the fireworks barge or barges during the storage, preparation, and 
launching of fireworks in the St. Johns River between the Hart and 
Acosta Bridges.
    (b) Effective dates. This section becomes effective upon activation 
by the Captain of the Port by the broadcasting of a local Notice to 
Mariners on appropriate VHF-FM radio frequencies. It terminates at the 
conclusion of the fireworks display unless terminated earlier by the 
Captain of the Port.

[[Page 619]]

    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Captain of the Port or District 
Commander.
    (2) This regulation does not apply to authorized law enforcement 
agencies operating within the Safety Zone.

[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994]



Sec. 165.722  Security Zone: St. Johns River, Jacksonville, Florida.

    (a) Location. The water located within the following area is 
established as a security zone: beginning at the shoreline of the St. 
Johns River at the northernmost property line of Naval Air Station 
Jacksonville next to Timuquana Country Club, at 30 deg.14'39.5'' N, 
81 deg.40'45'' W; thence northeasterly to 30 deg.14'42'' N, 
81 deg.40'42'' W; thence south remaining 400 feet from the shoreline at 
mean high water; thence past Piney Point and Black Point to the northern 
edge of Mulberry Cover Manatee refuge, 400 feet from Naval Air Station 
Jacksonville boat ramp, at 30 deg.13'00'' N, 81 deg.40'23.5'' W; thence 
southwesterly in a straight line to position 30 deg.12'14'' N, 
81 deg.40'42'' W; thence southerly, remaining 400' seaward of the mean 
high water shoreline to 30 deg.11'40'' N, 81 deg.41'15.5'' W; thence 
northwest to the point at the end of the property line of Naval Air 
Station Jacksonville just north of the Buckman Bridge at position 
30 deg.11'42.30'' N, 81 deg.41'23.66'' W; thence northeasterly along the 
mean high water shoreline of the St. Johns River and Mulberry Cove to 
the point of beginning. Datum: NAD 83
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, no person or vessel may enter or remain in the zone without 
the permission of the Captain of the Port Jacksonville, Florida. All 
other portions of Sec. 165.33 remain applicable.
    (c) This regulation does not apply to Coast Guard vessels and 
authorized law enforcement vessels operating within the Security Zone.


[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20, 1995]



Sec. 165.728  Jacksonville, Florida--safety zones.

    (a) The water, land, and land and water within the following 
boundaries are established as safety zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Basin (Ribault 
Bay), Mayport, Florida. The prescribed safety zone will also be in 
effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from the eastern end of Transit Shed 2 to the east shore of 
Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
    (3) Zone C: 100 yards in all directions on land from Gate berth 1 
and all waters within the Back River (locally known as the Gate Slip) on 
Blount Island, Jacksonville, Florida, commencing from a line drawn 
between the southwesterly most shore point latitude 30 deg.23'34'', 
longitude 81 deg.30'52'' and the southeasterly most shore point latitude 
30 deg.23'38'', longitude 81 deg.30'36''.
    (b) The areas described in paragraph (a) of this section may be 
closed to all vessels and persons, except those vessels and persons 
authorized by the Commander, Seventh Coast Guard District or the Captain 
of the Port, Jacksonville, Florida, whenever specified Maritime 
Prepositioned Ships are transiting the St. Johns River (Zone A), moored 
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
    (c) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (d) The Captain of the Port Jacksonville, Florida will activate the 
safety zones or specific portions of them by issuing a local broadcast 
notice to mariners. The closing of the area at Blount Island, described 
above, will be signified by the display of a rotating yellow light 
located on the waterfront at Blount Island Marine Terminal or at the 
Gate Terminal Berth 1.

[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by CGD7 91-33, 56 FR 
22826, May 17, 1991]

[[Page 620]]



Sec. 165.729  Jacksonville Harbor, Florida--security zone.

    (a) The water, land, and land and water within the following 
boundaries are established as security zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Naval Basin 
(Ribault Bay), Mayport, Florida. The prescribed security zone will also 
be in effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from the eastern end of Transit Shed 2 to the east shore of 
Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
    (3) Zone C: 100 yards in all directions on land from Gate berth 1 
and all waters within the Back River (locally known as the Gate Slip) on 
Blount Island, Jacksonville, Florida, commencing from a line drawn 
between the southwesterly most shore point latitude 30 deg.23'34'', 
longitude 81 deg.30'52'' and the southeasterly most shore point latitude 
30 deg.23'38'', longitude 81 deg.30'36''.
    (b) The areas described in paragraph (a) of this section shall be 
closed to all vessels and persons, except those vessels and persons 
authorized by the Commander, Seventh Coast Guard District or the Captain 
of the Port, Jacksonville, Florida, whenever specified Maritime 
Prepositioned Ships are transiting the St. Johns River (Zone A), moored 
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
    (c) The general regulations governing security zones contained in 33 
CFR 165.33 apply.
    (d) The Captain of the Port Jacksonville, Florida will activate the 
security zones or specific portions of them by issuing a local broadcast 
notice to mariners. The closing of the area at Blount Island, described 
above, will be signified by the display of a rotating yellow light 
located on the waterfront at Blount Island Marine Terminal or at the 
Gate Terminal Berth 1.

[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by CGD7 91-34, 56 FR 
22827, May 17, 1991]



Sec. 165.730  King's Bay, Georgia--Regulated navigation area.

    Vessels transiting in the water bounded by the line connecting the 
following points must travel no faster than needed for steerageway:


Latitude                             Longtitude                         
30 deg.48'00.0'' N                   081 deg.29'24.0'' W                
30 deg.46'19.5'' N                   081 deg.29'17.0'' W                
30 deg.47'35.0'' N                   081 deg.30'16.5'' W                
and thence to the point of beginning                                    
                                                                        


[CGD7 92-41, 58 FR 38057, July 15, 1993]



Sec. 165.731  Safety/Security Zone: Cumberland Sound, Georgia and St. Marys River Entrance Channel.

    (a) Location. A permanent safety/security zone is established within 
the following coordinates, the area enclosed by a line starting at

30 deg.44'55'' N, 081 deg.29'39'' W; thence to
30 deg.44'55'' N, 081 deg.29'18'' W; thence to
30 deg.46'35'' N, 081 deg.29'18'' W; thence to
30 deg.47'02'' N, 081 deg.29'34'' W; thence to
30 deg.47'21'' N, 081 deg.29'39'' W; thence to
30 deg.48'00'' N, 081 deg.29'42'' W; thence to
30 deg.49'07'' N, 081 deg.29'56'' W; thence to
30 deg.49'55'' N, 081 deg.30'35'' W; thence to
30 deg.50'15'' N, 081 deg.31'08'' W; thence to
30 deg.50'14'' N, 081 deg.31'30'' W; thence to
30 deg.49'58'' N, 081 deg.31'45'' W; thence to
30 deg.49'58'' N, 081 deg.32'03'' W; thence to
30 deg.50'12'' N, 081 deg.32'17'' W; thence following the land based 
perimeter boundary to the point of origin.

    (b) A temporary safety/security zone, when activated by the Captain 
of the Port, Jacksonville, Florida, encompasses all waters and land from 
bank to bank within Cumberland Sound and the St. Marys Entrance Channel: 
the northern extent of this zone starts at the southern tip of Crab 
Island; lighted buoy number ''1'' at the mouth of the Amelia River 
demarks the southern boundary; day marker number ''2'' at the mouth of 
the St. Marys River indicates the western boundary; and the eastern 
boundary extends out to three (3) nautical miles in the Atlantic

[[Page 621]]

Ocean, with the zone also encompassing the waters within 1000 yards of 
the entrance channel east of the jetties.
    (c) Regulations. (1) The Captain of the Port, Jacksonville, Florida 
will activate the temporary safety/security zone described in paragraph 
(b) of this section by issuing a local broadcast notice to mariners.
    (2) All persons and vessels in the vicinity of the safety/security 
zone shall immediately obey any direction or order of the Captain of the 
Port, Jacksonville, Florida.
    (3) The general regulations governing safety and security zones 
contained in 33 CFR 165.23 and .33 apply. No person or vessel may enter 
or remain within the designated zones without the permission of the 
Captain of the Port, Jacksonville, Florida.
    (4) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy nor to authorized law 
enforcement agencies.

[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]



Sec. 165.735  Brunswick, Georgia, Turtle River, Vicinity of Sydney Lanier Bridge.

    Except during the flood tide, every vessel over 500 GRT departing 
the Port of Brunswick for sea shall do so only from the Turtle River, so 
as to be shaped up for bridge transit:
    (a) Before reaching Turtle River Buoy ``1'' (Light List Number 
6050); or,
    (b) Before reaching the intersection of Brunswick Harbor Range and 
Turtle River Lower Range, provided that the vessel:
    (1) Be equipped with an operable bow thruster or have tug 
assistance; and
    (2) Be stopped and maneuvered with no appreciable way on until 
aligned with the centerline axis of the Turtle River Channel.

[CGD7 87-27, 52 FR 48811, Dec. 28, 1987]



Sec. 165.752  Sparkman Channel, Tampa, Florida--regulated navigation area.

    (a) A regulated navigation area is established to protect vessels 
from limited water depth in Sparkman Channel caused by an underwater 
pipeline. The regulated navigation area is in Sparkman Channel between 
the lines connecting the following points (referenced in NAD 83):

------------------------------------------------------------------------
  Latitude       Longitude                Latitude          Longitude   
------------------------------------------------------------------------
1:                                                                      
  27-56-20.                                                             
   5 N          082-26-42.0 W    to       27-56-19.3 N      82-26-37.5 W
2:                                                                      
  27-55-32.                                                             
   0 N          082-26-54.0 W    to       27-55-3O.9 N      82-26-49.1 W
------------------------------------------------------------------------

    (b) Ships requiring Federal or State pilotage shall not meet or 
overtake other like vessels in Sparkman Channel.
    (c) Vessels having a draft of more than 35.5 feet may not transit 
Sparkman Channel.
    (d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may 
transit Sparkman Channel only when the tide is at least one foot above 
mean low water.
    (e) Vessels with a draft of 30 feet or greater shall transit as near 
as possible to the center of the channel.

[CGD7 90-52, 56 FR 36005, July 30, 1991]



Sec. 165.753  Regulated navigation area; Tampa Bay, Florida.

    (a) The following is a regulated navigation area (RNA): All the 
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay, 
including all navigable waterways tributary thereto. Also included are 
the waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the 
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
    (b) The master, pilot, or person in charge of any vessel of 50 
meters or greater shall give a Navigational Advisory Broadcast in 
accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following 
broadcast/reporting points:

[[Page 622]]

    (1) Prior to getting underway from any berth or anchorage;
    (2) Prior to entering Egmont Channel from seaward;
    (3) Prior to passing Egmont Key in any direction;
    (4) Prior to transiting the Skyway Bridge in either direction;
    (5) Prior to transiting the intersection of Tampa Bay Cut F Channel, 
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
    (6) Prior to anchoring or approaching a berth for docking;
    (7) Prior to tending hawser;
    (8) Prior to transiting Point Pinellas Channel Light 1 in either 
direction.
    (c) Each Navigational Advisory required by this section shall be 
made in the English language and will contain the following information:
    (1) The words ``Hello all vessels, a Navigational Advisory 
follows'';
    (2) Name of vessel;
    (3) If engaged in towing, the nature of the tow;
    (4) Direction of Movement;
    (5) Present location; and,
    (6) The nature of any hazardous conditions as defined by 33 CFR 
160.203.
    (d) Nothing in this section shall supersede either the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the 
Inland Navigation Rules, as applicable, or relieve the Master or person 
in charge of the vessel of responsibility for the safe navigation of the 
vessel.

[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]

                       Eighth Coast Guard District



Sec. 165.802  Lower Mississippi River vicinity of Old River Control Structure--Safety Zone.

    (a) The area enclosed by the following boundary is a safety zone--
from the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite 
Ft. Adams Light, mile 311.5 AHP along the low water reference plane 
above the right descending bank; thence to the levee on a line 
perpendicular to the channel centerline; thence along the levee to the 
upstream end of the Old River Overbank structure; thence along a line to 
the Black Hawk Point Light.
    (b) Any vessel desiring to enter this safety zone must first obtain 
permission from the Captain of the Port, New Orleans. The resident 
engineer at Old River Control Structure (WUG-424) is delegated the 
authority to permit entry into this safety zone.

[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89-03, 54 FR 
16108, Apr. 21, 1989]



Sec. 165.803  Mississippi River--regulated navigation area.

    The following is a Regulated Navigation Area--The waters of the 
Mississippi River between miles 88 and 240 above Head of Passes.
    (a) Definitions. As used in this section:
    (1) Breakaway means a barge that is adrift and is not under the 
control of a towing vessel.
    (2) COTP means the Captain of the Port, New Orleans.
    (3) Fleet includes one or more tiers.
    (4) Fleeting facility means the geographic area along or near a 
river bank at which a barge mooring service, either for hire or not for 
hire, is established.
    (5) Mooring barge or spar barge means a barge moored to mooring 
devices and to which other barges may be moored.
    (6) Mooring device includes a deadman, anchor, pile or other 
reliable holding apparatus.
    (7) Person in charge includes any owner, agent, pilot, master, 
officer, operator, crewmember, supervisor, dispatcher or other person 
navigating, controlling, directing or otherwise responsible for the 
movement, action, securing, or security of any vessel, barge, tier, 
fleet or fleeting facility subject to the regulations in this section.
    (8) Tier means barges moored interdependently in rows or groups.
    (b) Waivers:
    (1) The COTP may, upon written request, except as allowed in 
paragraph (3) of this subsection, waive any regulation in this section 
if it is found that the proposed operation can be conducted safely under 
the terms of that waiver.
    (2) Each written request for a waiver must state the need for the 
waiver and describe the proposed operation.

[[Page 623]]

    (3) Under unusual circumstances due to time constraints, the person 
in charge may orally request an immediate waiver from the COTP. The 
written request for a waiver must be submitted within five working days 
after the oral request.
    (4) The COTP may, at any time, terminate any waiver issued under 
this subsection.
    (c) Emergencies. In an emergency, a person may depart from any 
regulation in this section to the extent necessary to avoid immediate 
danger to persons, property or the environment.
    (d) Mooring: General.
    (1) No person may secure a barge to trees or to other vegetation.
    (2) No person may allow a barge to be moored with unraveled or 
frayed lines or other defective or worn mooring.
    (3) No person may moor barges side to side unless they are secured 
to each other from fittings as close to each corner of abutting sides as 
practicable.
    (4) No person may moor barges end to end unless they are secured to 
each other from fittings as close to each corner of abutting ends as 
practicable.
    (e) Mooring to a mooring device. (1) A barge may be moored to 
mooring devices if the upstream end of that barge is secured to at least 
one mooring device and the downstream end is secured to at least one 
other mooring device, except that from mile 127 to mile 240 a barge may 
be moored to mooring devices if the upstream end of that barge is 
secured to at least one mooring device.
    (2) Barges moored in tiers may be shifted to mooring devices if the 
shoreward barge at the upstream end of the tier is secured to at least 
one mooring device, and the shoreward barge at the downstream end of the 
tier is secured to at least one other mooring device, except that from 
mile 127 to mile 240 barges moored in tiers may be shifted to mooring 
devices if the shoreward barge at the upstream end of the tier is 
secured to at least one mooring device.
    (3) Each wire rope used between the upstream end of a barge and a 
mooring device must have at least a diameter of 1\1/4\ inch. Chain or 
line used between the upstream end of a barge and a mooring device must 
be at least equivalent in strength to 1\1/4\ inch diameter wire rope.
    (4) Each wire rope used between the downstream end of a barge and a 
mooring device must have at least a diameter of \7/8\ inch. Chain or 
line used between the downstream end of a barge and a mooring device 
must be of at least equivalent strength of \7/8\ inch diameter wire 
rope.
    (f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or 
pier. The person in charge shall ensure that a barge moored to another 
barge, a mooring or spar barge, a vessel, a wharf, or a pier, is secured 
as near as practicable to each abutting corner of the barge being moored 
by:
    (1) Three parts of wire rope of at least \7/8\ inch diameter with an 
eye at each end of the rope passed around the timberhead, caval, or 
button;
    (2) A mooring of natural or synthetic fiber rope that has at least 
75 percent of the breaking strength of three parts of \7/8\ inch 
diameter wire rope; or
    (3) Fixed rigging that is at least equivalent to three parts of \7/
8\ inch diameter wire rope.
    (g) Mooring: Person in charge.
    (1) The person in charge of a barge, tier, fleet or fleeting 
facility shall ensure that the barge, tier, fleet or fleeting facility 
meets the requirements in paragraphs (d) and (e) of this section.
    (2) The person in charge shall ensure that all mooring devices, 
wires, chains, lines and connecting gear are of sufficient strength and 
in sufficient number to withstand forces that may be exerted on them by 
moored barges.
    (h) Fleeting facility: inspection of moorings.
    (1) The person in charge of a fleeting facility shall assign a 
person to inspect moorings in accordance with the requirements in 
paragraph (h)(2) of this section.
    (2) The person assigned to inspect moorings shall inspect:
    (i) At least twice each day during periods that are six hours or 
more apart, each mooring wire, chain, line and connecting gear between 
mooring devices and each wire, line and connecting equipment used to 
moor each barge; and
    (ii) After a towboat adds barges to, withdraws barges from, or moves

[[Page 624]]

barges at a fleeting facility, each mooring wire, line, and connecting 
equipment of each barge within each tier affected by that operation.
    (3) The person who inspects moorings shall take immediate action to 
correct each deficiency.
    (i) Fleeting facility: Records. The person in charge of a fleeting 
facility shall maintain, and make available to the Coast Guard, records 
containing the following information:
    (1) The time of commencement and termination of each inspection 
required in paragraph (h)(2) of this section.
    (2) The name of each person who makes the inspection required in 
paragraph (h)(2) of this section.
    (3) The identification of each barge entering and departing the 
fleeting facility, along with the following information:
    (i) Date and time of entry and departure; and
    (ii) The names of any hazardous cargo which the barge is carrying.

    Note: The requirements in paragraph (i)(3) of this section for the 
listing of hazardous cargo refer to cargoes regulated by Subchapters D 
and O of Chapter I, Title 46, Code of Federal Regulations.

    (j) Fleeting facility: Surveillance.
    (1) The person in charge of a fleeting facility shall assign a 
person to be in continuous surveillance and to observe the barges in the 
fleeting facility. Joint use of this person by adjacent facilities may 
be considered upon submisssion of a detailed proposal for a waiver to 
the COTP.
    (2) The person who observes the barges shall:
    (i) Inspect for movements that are unusual for properly secured 
barges; and
    (ii) Take immediate action to correct each deficiency.
    (k) Fleeting facility: person in charge. The person in charge of a 
fleeting facility shall ensure that each deficiency found under the 
requirements of paragraph (h) or (j) of this section is corrected.
    (l) Securing breakaways. The person in charge shall take immediate 
action to:
    (1) Secure each breakaway; and
    (2) Report each breakaway as soon as possible to the COTP by 
telephone, radio or other means of rapid communication.
    (m) High water.
    (1) This subsection applies to barges on the Mississippi River 
between miles 88 and 240 above Head of Passes when:
    (i) The Carrollton gage stands 12 feet or more; or
    (ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of 
Engineers forecasts the Mississippi River is rising to 12 feet, and the 
District Commander determines these circumstances to be especially 
hazardous and issues orders directing that paragraphs (m)(2) and (3) of 
this section are in effect.
    (2) During high water, the person in charge of a fleeting facility 
shall ensure compliance with the following requirements:
    (i) Each fleet consisting of eight or more barges must be attended 
by at last one radar-equipped towboat for each 100 barges or less. Joint 
use of this towboat by adjacent facilities may be considered upon 
submission of a detailed proposal for a waiver.
    (ii) Each fleet must have two or more towboats in attendance when:
    (A) Barges are withdrawn from or moved within the fleet and the 
fleet at the start of the operation contains eight or more barges; or
    (B) Barges are added to the fleet and the number of barges being 
added plus the fleet at the start of the operation total eight or more.
    (iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) of 
this section must be:
    (A) Capable of safely withdrawing, moving or adding each barge in 
the fleet;
    (B) Immediately operational;
    (C) Radio-equipped;
    (D) Within 500 yards of the barges; and
    (iv) The person in charge of each towboat required in paragraphs 
(m)(2)(i) and (2)(ii) of this section shall maintain:
    (A) A continuous guard on the frequency specified by current Federal 
Communications Commission regulations found in Part 83 of Title 47, Code 
of Federal Regulations; and

[[Page 625]]

    (B) When moored, a continuous watch on the barges in the fleeting 
facility.
    (v) During periods when visibility is less than 200 yards, the 
person in charge of each towboat required in paragraph (m)(2)(i) of this 
subsection shall maintain, when moored, a continuous radar surveillance 
of the barges moored in the fleeting facility.
    (3) During high water when visibility is reduced to less than 200 
yards:
    (i) Tows may not be assembled or disassembled;
    (ii) No barge may be added to, withdrawn from or moved within a 
fleet except:
    (A) A single barge may be added to or withdrawn from the channelward 
or downstream end of the fleet; and
    (B) Barges made up in a tow may depart a fleet from the channelward 
or downstream end of the fleet; and
    (iii) No person in charge of a tow arriving in this regulated 
navigation area may moor unless the COTP is notified prior to arrival in 
the regulated navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 82-020, 47 FR 
35483, Aug. 16, 1982; CGD 79-026, 48 FR 35408, Aug. 4, 1983; CGD 88-075, 
54 FR 14958, Apr. 14, 1989; CGD08-94-006, 59 FR 21935, Apr. 28, 1994; 
CGD08-94-006, 60 FR 37944, July 25, 1995]



Sec. 165.804  Snake Island, Texas City, Texas; mooring and fleeting of vessels--safety zone.

    (a) The following is a safety zone:
    (1) The west and northwest shores of Snake Island;
    (2) The Turning Basin west of Snake Island;
    (3) The area of Texas City Channel from the north end of the Turning 
Basin to a line drawn 000 deg. true from the northwesternmost point of 
Snake Island.
    (b) Special regulations. All vessels are prohibited from mooring, 
anchoring, or otherwise stopping in the safety zone, except in case of 
an emergency.
    (c) Barges are prohibited from fleeting or grounding in the zone.
    (d) In an emergency, vessels shall advise the Captain of the Port, 
Galveston, of the nature of the emergency via the most rapid means 
available.



Sec. 165.805  Calcasieu Channel and Industrial Canal, Calcasieu River, Lake Charles, LA.

    (a) The waters and waterfront facility located within the area 
described by the following boundaries constitutes a safety zone:
    (1) When a Liquefied Natural Gas (LNG) vessel is moored at Trunkline 
LNG facility: Beginning at the west side property line at position 30 
06'38''N, 93 17'34''W, a line extending in an eastward direction and 50 
feet from shore to a point 50 feet west of mooring dolphin 1; then due 
south to a line running in an eastward direction and 50 feet south of 
the moored LNG vessel to a line running due north to a point 50 feet 
east of mooring dolphin 13; and then a line extending in an eastward 
direction and 50 feet from shore to the end of the turning basin.
    (2) When an LNG vessel is not moored at the Trunkline LNG facility: 
Beginning at the west side property line at position 30 06'38''N, 93 
17'34''W, a line extending in an eastward direction and 50 feet from 
shore to a point 50 feet west of mooring dolphin 1; then a continuous 
uniform line extending 50 feet outside of all facility docks and 
structures to a point 50 feet east of mooring dolphin 13; and then a 
line extending in an eastward direction and 50 feet from shore to the 
end of the turning basin.
    (b) The waters within the following boundaries are a safety zone 
while a non-gas free LNG vessel is transiting within the Calcasieu River 
ship channel and between buoy ``CC'' and the Trunkline LNG facility: The 
area 2 miles ahead, 1 mile astern, and to either side of an LNG vessel 
to the width of the ship channel. Meeting, crossing, or overtaking 
situations are not permitted within the safety zone unless specifically 
authorized by the USCG Captain of the Port.
    (c) Notice of transiting LNG vessels will be provided by Broadcast 
and/or Local Notice to Mariners.

[CGD 82-10, 47 FR 41957, Sept. 23, 1982, as amended by CGD8 82-10, 50 FR 
31592, Aug. 5, 1985; COTP Port Arthur, TX Reg. 90-03, 56 FR 66599, Dec. 
24, 1991]

[[Page 626]]



Sec. 165.806  Sabine Neches Waterway, Texas--regulated navigation area.

    (a) The following is a regulated navigation area--The Sabine Neches 
Waterway which includes the following waters: Sabine Pass Channel, Port 
Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all 
navigable waterways tributary thereto.
    (b) Unless otherwise authorized by the Captain of the Port, Port 
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting 
the Sabine-Neches Waterway are prohibited unless such tows have a tug of 
sufficient horsepower made up to the tow in such a manner as to insure 
that complete and effective control is maintained throughout the 
transit. Inbound vessels only, may shift the tow or pick up an 
additional tug within 100 yards inside the entrance jetties provided 
that such action is necessary for reasons of prudent seamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.807  Calcasieu River, Louisiana--regulated navigation area.

    (a) The following is a regulated navigation area--The Calcasieu 
River from the Calcasieu jetties up to and including the Port of Lake 
Charles.
    (b) Unless otherwise authorized by the Captain of the Port, Port 
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting 
the Calcasieu River are prohibited unless such tows have a tug of 
sufficient horsepower made up to the tow in such a manner as to insure 
that complete and effective control is maintained at all times. Inbound 
vessels only, may shift the tow or pick up an additional tug within 100 
yards inside the entrance jetties provided that such action is necessary 
for reasons for prudent seamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.808  Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.

    (a) The following areas are established as safety zones during 
specified conditions:
    (1) For incoming tank vessels loaded with Liquefied Petroleum Gas, 
the waters within a 500 yard radius of the LPG carrier while the vessel 
transits the Corpus Christi Ship Channel to the LPG receiving facility. 
The safety zone remains in effect until the LPG vessel is moored at the 
LPG receiving facility.
    (2) For outgoing tank vessels loaded with LPG, the waters within a 
500 yard radius of the LPG carrier while the vessel departs the LPG 
facility and transits the Corpus Christi Ship Channel. The safety zone 
remains in effect until the LPG vessel passes the seaward extremity of 
the Aransas Pass Jetties.
    (b) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
advance notice of scheduled arrivals and departures of loaded LPG 
vessels via a Marine Safety Information Broadcast Notice to Mariners.

[CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]



Sec. 165.810  Mississippi River, LA-regulated navigation area.

    (a) Purpose and Applicability. This section prescribes rules for all 
vessels operating in the Mississippi River below Baton Rouge, LA, 
including South and Southwest Passes, to assist in the prevention of 
collisions and groundings and to protect the navigable waters of the 
Mississippi River from environmental harm resulting from those 
incidents.
    (b) Mississippi River below Baton Rouge, LA, including South and 
Southwest Passes:
    (1) Supervision. The use, administration, and navigation of the 
waterways to which this paragraph applies shall be under the supervision 
of the District Commander, Eighth Coast Guard District.
    (2) Speed; high-water precautions. When passing another vessel (in 
motion, anchored, or tied up), a wharf or other structure, work under 
construction, plant engaged in river and harbor improvement, levees 
withstanding flood waters, building partially or wholly submerged by 
high water, or any other structure liable to damage by collision, 
suction or wave action,

[[Page 627]]

vessels shall give as much leeway as circumstances permit and reduce 
their speed sufficiently to preclude causing damages to the vessel or 
structure being passed. Since this subparagraph pertains directly to the 
manner in which vessels are operated, masters of vessels shall be held 
responsible for strict observance and full compliance therewith. During 
high river stages, floods, or other emergencies, the District Commander 
may prescribe by navigation bulletins or other means the limiting speed 
in land miles per hour deemed necessary for the public safety for the 
entire section or any part of the waterways covered by this paragraph, 
and such limiting speed shall be strictly observed.
    (3) Towing. Towing in any formation by a vessel with insufficient 
power to permit ready maneuverability and safe handling is prohibited.
    (c) Movement of vessels in vicinity of Algiers Point, New Orleans 
Harbor:
    (1) Control lights. When the Mississippi River reaches 8 feet on the 
Carrollton Gage on a rising stage, and until the gage reads 9 feet on a 
falling stage, the movement of all tugs with tows and all ships, whether 
under their own power or in tow, but excluding tugs or towboats without 
tows or river craft of comparable size and maneuverability operating 
under their own power, in the vicinity of Algiers Point shall be 
governed by red and green lights designated and located as follows: 
Governor Nicholls Light located on the left descending bank on the wharf 
shed at the upstream end of Esplanade Avenue Wharf, New Orleans, 
approximately 94.3 miles above Head of Passes; and Gretna Light located 
on the right descending bank on top of the levee at the foot of Ocean 
Avenue, Gretna, approximately 96.6 miles above Head of Passes. Governor 
Nicholls Light has lights visible from both upstream and downstream, and 
Gretna Light has lights visible from upstream, all indicating by proper 
color the direction of traffic around Algiers Point. From downstream, 
Gretna Light always shows green. All lights are visible throughout the 
entire width of the river and flash once every second. A green light 
displayed ahead of a vessel (in the direction of travel) indicates that 
Algiers Point is clear and the vessel may proceed. A red light displayed 
ahead of a vessel (in the direction of travel) indicates that Algiers 
Point is not clear and the vessel shall not proceed. Absence of lights 
shall be considered a danger signal and no attempt shall be made to 
navigate through the restricted area.

    Note: To provide advance information to downbound vessels whether 
the control light at Gretna (Gretna Light) is red or green, a traffic 
light is located at Westwego on the right descending bank, on the river 
batture at the end of Avenue B, approximately 101.4 miles above Head of 
Passes.

    (2) Ascending vessels. Ascending vessels shall not proceed farther 
up the river than a line connecting the upper end of Atlantic Street 
Discharge Light (on right descending bank) with the lower end of Desire 
Street Wharf (on left descending bank) when a red light is displayed. 
Vessels waiting for a change of signal shall keep clear of descending 
vessels.
    (3) Descending vessels. (i) Descending vessels shall not proceed 
farther down the river than a line connecting the lower end of Julia 
Street Wharf (on left descending bank) with the vertical flagpole at 
Eastern Associated Terminals (on right descending bank) when a red light 
is displayed. Vessels shall round to and be headed upstream before they 
reach that line, if the signal remains against the vessel. Vessels 
waiting for a change of signal shall keep clear of ascending vessels.
    (ii) Vessels destined to a wharf above the lower end of Julia Street 
Wharf shall signal the Gretna towerman three long blasts and one short 
blast of a whistle or horn to indicate that the vessel is not bound 
below the Julia Street Wharf.
    (iii) The master, pilot, or authorized representative of any vessel 
scheduled to depart from a wharf between Governor Nicholls Light and 
Louisiana Avenue, bound downstream around Algiers Point, shall 
communicate with the Governor Nicholls Light towerman by telephone to 
determine whether the channel at Algiers Point is clear before 
departure. When the point is clear, vessels shall then proceed promptly 
so that other traffic will not be unnecessarily delayed.


[[Page 628]]


    Note: Telephone numbers of both signal towers will be published in 
navigation bulletins in advance of each operating period.

    (4) Minor changes. The District Commander is authorized to waive 
operation or suspension of the lights whenever prospective river stages 
make it appear that the operation or suspension will be required for 
only a brief period of time or when river stages will rise or fall below 
the critical stage which is established for operation or suspension by 
only a few tenths on the Carrollton Gage.
    (5) Underpowered vessels. When the Carrollton Gage reads 12 feet or 
higher, any vessel which is considered by the master or pilot as being 
underpowered or a poor handler shall not navigate around Algiers Point 
without the assistance of a tug or tugs.
    (6) Towing. When the Carrollton Gage reads 12 feet or higher, towing 
on a hawser in a downstream direction between Julia Street and Desire 
Street is prohibited except by special permission of the District 
Commander.
    (d) Navigation of South and Southwest Passes.
    (1) No vessel, except small craft and towboats and tugs without 
tows, shall enter either South Pass or Southwest Pass from the Gulf 
until after any descending vessel which has approached within two and 
one-half (2\1/2\) miles of the outer end of the jetties and visible to 
the ascending vessel shall have passed to sea.
    (2) No vessel having a speed of less than ten mph shall enter South 
Pass from the Gulf when the stage of the Mississippi River exceeds 15 
feet on the Carrollton Gage at New Orleans. This paragraph does not 
apply when Southwest Pass is closed to navigation.
    (3) No vessel, except small craft and towboats and tugs without 
tows, ascending South Pass shall pass Franks Crossing Light until after 
a descending vessel shall have passed Depot Point Light.
    (4) No vessel, except small craft and towboats and tugs without 
tows, shall enter the channel at the head of South Pass until after an 
ascending vessel which has reached Franks Crossing Light shall have 
passed through into the river.
    (5) When navigating South Pass during periods of darkness no tow 
shall consist of more than one towed vessel other than small craft, and 
during daylight hours no tow shall consist of more than two towed 
vessels other than small craft. Tows may be in any formation. When 
towing on a hawser, the hawser shall be as short as practicable to 
provide full control at all times.
    (6) When towing in Southwest Pass during periods of darkness no tow 
shall consist of more than two towed vessels other than small craft, and 
during daylight hours no tow shall consist of more than three towed 
vessels other than small craft.

(Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. 
L. 95-474, 92 Stat. 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-080, 44 
FR 47933, Aug. 16, 1979; CGD 86-049, 51 FR 27840, Aug. 4, 1986. 
Redesignated by CGD 90-020, 59 FR 36324, July 15, 1994; CGD 95-033, 60 
FR 28333, May 31, 1995]



Sec. 165.811  Atchafalaya River, Berwick Bay, LA-regulated navigation area.

    (a) The following is a regulated navigation area: the waters of the 
Atchafalaya River in Berwick Bay bounded on the northside from 2,000 
yards north of the U.S. 90 Highway Bridge and on the southside from 
4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
    (b) Within the regulated navigation area described in paragraph (a) 
of this section, Sec. 161.40 of this chapter establishes a VTS Special 
Area for waters within a 1000 yard radius of the SPRR Bridge.
    (c) When the Morgan City River gauge reads 3.0 feet or above mean 
sea level, in addition to the requirements set forth in Sec. 161.13 of 
this chapter, the requirements of paragraph (d) and (e) of this section 
apply to a towing vessel which will navigate:
    (1) under the lift span of the SPRR Bridge; or
    (2) through the navigational opening of the U.S. 90 Highway Bridge: 
or
    (3) through the navigational opening of the Highway 182 Bridge.
    (d) Towing requirements. (1) Towing on a hawser is not authorized, 
except that

[[Page 629]]

one self-propelled vessel may tow one other vessel without barges 
upbound;
    (2) A towing vessel and barges must be arranged in tandem, except 
that one vessel may tow one other vessel alongside;
    (3) Length of tow must not exceed 1,180 feet; and
    (4) Tows with a box end in the lead must not exceed 400 feet in 
length.

    Note: The variation in the draft and the beam of the barges in a 
multi-barge tow should be minimized in order to avoid unnecessary strain 
on coupling wires.

    (e) Horsepower Requirement. (1) The following requirements apply to 
a towing vessel of 3,000 hp or less:

       Table 165.811(e)--Minimum Available Horsepower Requirement       
                       [The greater value listed.]                      
------------------------------------------------------------------------
                            Daytime (sunrise to    Nighttime (sunset to 
    Direction of tow              sunset)                sunrise)       
------------------------------------------------------------------------
Upbound.................  400hp or (Length of     600hp or (Length of   
                           tow--300ft)  x  3.      tow--200ft)  x  3.   
Downbound...............  600hp or (Length of     600hp or (Length of   
                           tow--200ft)  x  3.      tow)  x  3.          
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower is authorized.        

    (2) All tows carrying cargoes of particular hazard as defined in 
Sec. 160.203 of this chapter must have available horsepower of at least 
600 hp or three times the length of tow, whichever is greater.
    (f) Notice of Requirements. Notice that these rules are anticipated 
to be put into effect, or are in effect, will be given by:
    (1) Marine information broadcasts;
    (2) Notices to mariners;
    (3) Vessel Traffic Center advisories or upon vessel information 
request; and
    (4) Visual displays on top of the SPRR Bridge, consisting of:
    (i) Two vertically arranged red balls by day; or
    (ii) Two vertically arranged flashing white lights by night.

    Note: Visual displays are not shown during precautionary periods 
(when the Morgan City River Gauge reads 2.5 feet above mean sea level). 
However, precautionary notices will be issued via marine notice to 
mariners, notice to mariners, VTC advisories or vessel information 
requests, when water level remains at or above 2.5 feet. Visual displays 
are Class I, private aids to navigation maintained by SPRR Bridge.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995]



Sec. 165.815  Ohio River at Louisville, KY; regulated navigation area.

    (a) The following is a regulated navigation area: The waters of the 
Ohio River from the Clark Memorial (Highway) Bridge at Mile 603.5, 
downstream to McAlpine Dam at Mile 604.4.
    (b) The general regulations governing regulated navigation area 
contained in 33 CFR part 165, subpart B apply.
    (c) No pleasure or fishing craft shall be operated within the 
regulated navigation area at any time without prior permission of the 
Captain of the Port, Louisville, Kentucky, except in case of emergency 
and except for passage through McAlpine Lock.

[CGD 2-89-04, 55 FR 23203, June 7, 1990. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.817  Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA): 
The waters of the Arkansas River between mile 118.2 and mile 125.4.
    (b) Regulations. Transit of the RNA is limited during periods of 
high velocity flow, defined as the flow rate of 70,000 cubic feet per 
second or more at the Murray Lock and Dam at mile 125.4. The flow rate 
at this location is calculated by the U.S. Army Corps of Engineers on a 
regular and routine basis. This information will be distributed by 
announcements by Coast Guard Marine Information Broadcasts, publication 
in Coast Guard Local Notice to Mariners, and telephone or radio contact 
with the Lockmaster at Murray Lock and Dam.
    (c) Transit of the RNA during periods of high velocity flow may only 
occur under the following conditions:
    (1) Vessels may not meet or pass in the RNA.
    (2) No vessel shall anchor, stop, remain or drift without power at 
any time in the RNA.

[[Page 630]]

    (3) All vessels shall continually monitor VHF-FM channel 13 on their 
radiotelephone while in or approaching the RNA.
    (4) Prior to entering the RNA, downbound vessels shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of departure from Murray Lock and Dam or from the mooring cells at 
mile 121.5 to ensure there are no upbound vessels within the RNA. If 
there is upbound traffic within the RNA, the downbound vessel shall not 
depart until the upbound vessel has passed through the RNA. After 
departing, vessels will proceed through the RNA, including all 
drawbridges located therein, without delay.
    (5) When upbound vessels reach mile 116, they shall make a broadcast 
in the blind on VHF-FM channel 13 announcing their estimated arrival 
time at the Rock Island Railroad Bridge at mile 118.2.
    (6) When a downbound vessel is already in the RNA, an upbound vessel 
shall adjust its speed so as to avoid a meeting situation in the RNA.
    (d) Refer to 33 CFR 117.123 for drawbridge operation regulations.

[CGD2-90-04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.819  Monongahela River, Mile 81.0 to 83.0--regulated navigation area.

    (a) Location. The following is a regulated navigation area--The 
waters of the Monongahela River between mile 81.0 and mile 83.0.
    (b) Regulations. Transit of the RNA by vessels required to have a 
radiotelephone under 33 CFR 26.03 may be made only under the following 
conditions:
    (1) Traffic is restricted to one-way passage, with no meeting, 
passing, or overtaking authorized.
    (2) Upbound vessels must give way to downbound vessels and, when 
approaching mile 81.0, in the area of Cats Run Light and the daymark 
located on the right descending bank, are to contact any downbound 
vessels in the area to coordinate transit of the area in accordance with 
this section.
    (3) Downbound vessels, when approaching mile 83.0, in the vicinity 
of Warwick Mine on the left descending bank, are to contact any upbound 
vessels in the area to coordinate transit of the area in accordance with 
this section.
    (c) Any deviations from this section must be authorized by the 
Captain of the Port, Pittsburgh, PA, prior to entering the RNA.

[CGD2-91-06, 56 FR 55820, Oct. 30, 1991, as amended by CGD02-93-001, 58 
FR 59952, Nov. 12, 1993. Redesignated by CGD 96-026, 61 FR 33669, June 
28, 1996]



Sec. 165.821  Ohio River at Cincinnati, OH; regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA)--
The waters of the Ohio River between mile 466.0 and mile 473.0.
    (b) Activation. The restrictions in paragraphs (c) (i) through (iv) 
are in effect from one-half hour before sunset to one-half hour after 
sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the 
45 foot level. The Captain of the Port, Louisville, Kentucky will 
publish a notice in the Local Notice to Mariners and will make 
announcements by Coast Guard Marine Information Broadcasts whenever the 
river level measured at the gauge activates or terminates the navigation 
restrictions in this section.
    (c) Regulations.
    (i) Transit through the RNA by all downbound vessels towing cargoes 
regulated by Title 46 Code of Federal Regulations Subchapters D and O 
with a tow length exceeding 600 feet excluding the tow boat is 
prohibited.
    (ii) No vessel shall loiter, anchor, stop, remain or drift without 
power at any time within the navigation channel of the RNA.
    (iii) All commercial vessels shall continually monitor VHF-FM 
channel 13 on their radiotelephone while in or approaching the RNA.
    (iv) Between Ohio River miles 464.0 and 466.0, downbound vessels 
shall make a broadcast in the blind, on VHF-FM channel 13 announcing 
their estimated time of entering the RNA.

[CGD02-95-003, 61 FR 2417, Jan. 26, 1996. Redesignated by CGD 97-023, 62 
FR 33365, June 19, 1997]

[[Page 631]]

                       Ninth Coast Guard District



Sec. 165.901  Great Lakes--regulated navigation areas.

    (a) Lake Huron. The following are regulated navigation areas:
    (1) The waters of Lake Huron known as South Channel between Bois 
Blanc Island and Cheboygan, Michigan; bounded by a line north from 
Cheyboygan Crib Light (LL-1340) at 45 deg.39'48''N, 84 deg.27'36''W; to 
Bois Blanc Island at 45 deg.43'42''N, 84 deg.27'36''W; and a line north 
from the mainland at 45 deg.43'00''N, 84 deg.35'30''W; to the western 
tangent of Bois Blanc Island at 45 deg.48'42''N, 84 deg.35'30''W.
    (2) The waters of Lake Huron between Mackinac Island and St. Ignace, 
Michigan, bounded by a line east from position 45 deg.52'12''N, 
84 deg.43'00''W; to Mackinac Island at 45 deg.52'12''N, 84 deg.39'00''W; 
and a line east from the mainland at 45 deg.53'12''N, 84 deg.43'30''W; 
to the northern tangent of Mackinac Island at 45 deg.53'12''N, 
84 deg.38'48''W.
    (b) Lake Michigan. The following is a regulated navigation area--The 
waters of Lake Michigan known as Gray's Reef Passage bounded by a line 
from Gray's Reef Light (LL-2006) at 45 deg.46'00''N, 85 deg.09'12''W; to 
White Shoals Light (LL-2003) at 45 deg.50'30''N, 85 deg.08'06''W; to a 
point at 45 deg.49'12''N, 85 deg.04'48''W; then to a point at 
45 deg.45'42'' N, 85 deg.08'42'' W; then to the point of beginning.
    (c) Regulations. The COTP, Sault Ste. Marie, will close and open 
these regulated navigation areas as ice conditions dictate. Under normal 
seasonal conditions, only one closing each winter and one opening each 
spring are anticipated. Prior to the closing or opening of the regulated 
navigation areas, the COTP will give interested parties, including both 
shipping interests and island residents, not less than 72 hours notice 
of the action. No vessel may navigate in a regulated navigation area 
which has been closed by the COTP. Under emergency conditions, the COTP 
may authorize specific vessels to navigate in a closed regulated 
navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.902  Niagara River at Niagara Falls, New York--safety zone.

    (a) The following is a safety zone--The United States waters of the 
Niagara River from the crest of the American and Horseshoe Falls, 
Niagara Falls, New York to a line drawn across the Niagara River from 
the downstream side of the mouth of Gill Creek to the upstream end of 
the breakwater at the mouth of the Welland River.



Sec. 165.903  Safety Zones: Cuyahoga River and Old River, Cleveland, OH.

    (a) Location. The waters of the Cuyahoga River and the Old River 
extending ten feet into the river at the following eleven locations, 
including the adjacent shorelines, are safety zones, coordinates for 
which are based on NAD 83.
    (1) From the point where the shoreline intersects longitude 
81 deg.42'24.5'' W, which is the southern side of the Conrail No. 1 
railroad bridge, southeasterly along the shore for six hundred (600) 
feet to the point where the shoreline intersects longitude 
81 deg.42'24.5'' W, which is the end of the lot adjacent to Fagan's 
Restaurant.
    (2) One hundred (100) feet downriver to one hundred (100) feet 
upriver from 41 degrees 29'53.5"N, 81 degrees 42'33.5"W, which is the 
knuckle on the north side of the Old River entrance at Ontario Stone.
    (3) Fifty (50) feet downriver to fifty (50) feet upriver from 41 
degrees 29'48.4"N, 81 degrees 42'44"W, which is the knuckle adjacent to 
the Ontario Stone warehouse on the south side of the Old River.
    (4) From 41 degrees 29'51.1"N, 81 degrees 42'32.0"W, which is the 
corner of Nicky's pier at Sycamore Slip on the Old River, to fifty (50) 
feet east of 41 degrees 29'55.1"N, 81 degrees 42'27.6"W, which is the 
north point of the pier at Shooter's Restaurant on the Cuyahoga River.
    (5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver 
of 41 degrees 29'48.9"N, 81 degrees 42'10.7"W, which is the knuckle 
toward the downriver corner of the Nautica Stage.
    (6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees 
29'45.5"N, 81 degrees 42'9.7"W, which is the knuckle

[[Page 632]]

toward the upriver corner of the Nautica Stage.
    (7) The fender on the west bank of the river at 41 degrees 
29'45.2"N, 81 degrees 42.10"W, which is the knuckle at Bascule Bridge 
(railroad).
    (8) The two hundred seventy (270) foot section on the east bank of 
the river between the Columbus Road bridge (41 degrees 29'18.8"N, 81 
degrees 42'02.3W) downriver to the chain link fence at the upriver end 
of the Commodores Club Marina.
    (9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 
41 degrees 29'24.5"N, 81 degrees 41'57.2"W, which is the knuckle at the 
Upriver Marine fuel pump.
    (10) Seventy-five (75) feet downriver to seventy-five (75) feet 
upriver from 41 degrees 29'33.7"N, 81 degrees 41'57.5"W. which is the 
knuckle adjacent to the warehouse at Alpha Precast Products (United 
Ready Mix).
    (11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 
41 degrees 29'41"N, 81 degrees 41'38.6"W, which is the end of the chain 
link fence between Jim's Steak House and Shippers C & D.
    (b) Regulations--(1) General Rule. Except as provided below, entry 
of any kind or for any purpose into the foregoing zones is strictly 
prohibited in accordance with the general regulations in Sec. 165.23 of 
this part.
    (2) Exceptions. Any vessel may transit, but not moor, stand or 
anchor in, the foregoing zones as necessary to comply with the Inland 
Navigation Rules or to otherwise facilitate safe navigation. Cargo 
vessels of 1600 gross tons (GT) or greater may moor in these zones when 
conducting cargo transfer operations.
    (3) Waivers. Owners or operators of docks wishing a partial waiver 
of these regulations may apply to the Captain of the Port, Cleveland, 
Ohio. Partial waivers will only be considered to allow for the mooring 
of vessels in a safety zone when vessels of 1600 GT on greater are not 
navigating in the proximate area. Any requests for a waiver must include 
a plan to ensure immediate removal of any vessels moored in a safety 
zone upon the approach of a vessel(s) 1600 GTs or greater.

[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989, as amended by CGD 
09-95-018, 61 FR 37685, July 19, 1996]



Sec. 165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety and Security Zone.

    (a) Location. All waters, waterfront facilities, and shoreline areas 
within 1000 yards of the shoreline surrounding Merrill C. Meigs Airfield 
constitute a safety and security zone. This includes all waters 
including Burnham Park Harbor and the southern part of Chicago Harbor, 
Lake Michigan, bounded by the following coordinates:
    (1) Northwest point: 41 deg.52'33''N, 87 deg.36'58''W
    (2) Northeast point: 41 deg.52'33''N, 87 deg.35'41''W
    (3) Southeast point: 41 deg.50'42''N, 87 deg.35'41''W
    (4) Southwest point: 41 deg.50'42''N, 87 deg.36'33''W
    (5) From the southwest point, north along the Lake Michigan 
shoreline, including Burnham Park Harbor, to the northwest point.
    (b) Effective times and dates. This safety and security zone will be 
in effect at various times to be published in the Coast Guard Local 
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 
22. These times will include the actual effective time and date and the 
termination time and date.
    (c) Restrictions. (1) In accordance with the general regulations in 
section 165.23 and 165.33 of this part, entry into this zone is 
prohibited, unless authorized by the U.S. Coast Guard Captain of the 
Port, Chicago, or the U.S. Secret Service. Other general requirements in 
Secs. 165.23 and 165.33 also apply. Further, no person may enter or 
remain in the shoreline areas of the established safety and security 
zone, unless cleared by a Coast Guard or U.S. Secret Service official.
    (2) Vessels in Burnham Park Harbor at the commencement of the safety 
and

[[Page 633]]

security zone must be moored and remain moored while the safety and 
security zone is established, unless authorized to get underway by a 
Coast Guard or U.S. Secret Service official.
    (3) No person may engage in swimming, snorkeling, or diving within 
the established safety and security zone, except with the permission of 
the Captain of the Port or U.S. Secret Service.

[CGD09-94-005, 59 FR 45227, Sept. 1, 1994]



Sec. 165.905  USX Superfund Cite Safety Zones: St. Louis River.

    (a) The following areas of the St. Louis River, within the 
designated boxes of latitude and longitude, are safety zones:
    (1) Safety Zone #1 (North Spirit Lake):

North Boundary: 46 deg.41'33'' W
South Boundary: 46 deg.41'18'' W
East Boundary: 92 deg.11'53'' W
West Boundary: 92 deg.12'11'' W

    (2) Safety Zone #2 (South Spirit Lake):

North Boundary: 46 deg.40'45'' N
South Boundary: 46 deg.40'33'' N
East Boundary: 92 deg.11'40'' W
West Boundary: 92 deg.12'05'' W

    (b) Transit of vessels through the waters covered by these zones is 
prohibited. Swimming (including water skiing or other recreational use 
of the water which involves a substantial risk of immersion in the 
water) or taking of fish (including all forms of aquatic animals) from 
the waters covered by these safety zones is prohibited at all times.


[CGD09-95-026, 60 FR 52862, Oct. 11, 1995]

                      Eleventh Coast Guard District



Sec. 165.1101  Safety Zone: San Pedro Bay, CA.

    (a) Location. The following areas are established as safety zones 
during the specified conditions:
    (1) The waters within a 500 yard radius around a liquefied hazardous 
gas tank vessel (LHG T/V), while the vessel is anchored at a designated 
anchorage area either inside the Federal breakwaters bounding San Pedro 
Bay, or anchored outside the breakwaters at designated anchorage areas 
within three (3) miles of the breakwaters;
    (2) The waters and land area within 50 yards of a LHG T/V, while the 
vessel is moored at any berth within the Los Angeles or Long Beach port 
area, inside the Federal breakwaters bounding San Pedro Bay;
    (3) The waters 1000 yards ahead of and within 500 yards of all other 
sides of a LHG T/V, while the vessel is underway on the waters inside 
the Federal breakwaters encompassing San Pedro Bay, or within the waters 
three (3) miles outside of the Federal breakwaters in an area more 
particularly described as follows: Beginning at a point which is Point 
Fermin Light (33 deg.42'18'' N, 118 deg.17'36'' W); thence along the 
shoreline to the San Pedro breakwater; thence along the San Pedro 
breakwater and the Middle breakwater (following the COLREGS Demarcation 
Lines) to Long Beach Channel Entrance Light ``2'' (33 deg.43'23'' N, 
118 deg.10'50'' W)' thence south southeast to 33 deg.40'31'' N, 
118 deg.08'42'' W; thence west to 33 deg.40'31'' N, 118 deg.12'03'' W; 
thence west southwest to 33 deg.39'17'' N, 118 deg.16'00'' W; thence 
northwest to 33 deg.40'06'' N, 118 deg.17'38'' W; thence north to the 
point of beginning. [Datum: NAD 1983]
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within these zones is prohibited subject to the following exceptions:
    (1) Entry may be authorized by the Captain of the Port; or
    (2) Vessels already anchored or moored when the safety zone is in 
effect are not required to get underway to avoid entering into the 
safety zone boundaries as listed in paragraph (a) of this section.
    (c) Notice. The Captain of the Port will notify the maritime 
community of periods during which this safety zone will be in effect via 
Broadcast Notice to Mariners.

[COTP Los Angeles-Long Beach 96-003, 61 FR 60029, Nov. 26, 1996]



Sec. 165.1102  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: The water area 
within Naval Station, San Diego, California, described as follows:

    Commencing at a point at the mouth of Chollas Creek, at latitude 
32 deg.41'12.5" N, longitude 117 deg.07'0.57.0" W, (Point A), for a 
place

[[Page 634]]

of beginning; thence southwesterly to a point on the U.S. Pierhead Line 
100 yards (92 meters) northwest of the head of Pier 1, at latitude 
32 deg.41'05.8" N, longitude 117 deg.08'05.6" W, (Point B); thence 
southeasterly along the U.S. Pierhead Line to the south side of Pier 13 
(Point C); thence northeasterly along the south side of Pier 13 to the 
shoreline of the Naval Station (Point D); thence generally northwesterly 
along the shoreline of the Naval Station to the place of beginning 
(Point A).

    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, the Commander, Naval Base 
San Diego, or the Commanding Officer, Naval Station, San Diego. Section 
165.33 also contains other general requirements.

[COTP San Diego Reg. 85-21, 51 FR 8198, Mar. 10, 1986]



Sec. 165.1103  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: The water area 
adjacent to the Naval Ocean Systems Center, San Diego, California, and 
the Naval Supply Center, San Diego, California, described as follows:

    Commencing at a point on the shoreline of Point Loma, at latitude 
32 deg.41'57.8'' N, longitude 117 deg.14'17.5'' W (Point A), for a place 
of beginning; thence easterly to latitude 32 deg.41'56.0'' N, longitude 
117 deg.14'09.9'' W (Point B); thence northeasterly to latitude 
32 deg.42'03.8'' N, longitude 117 deg.14'04.7'' W (Point C); thence 
northeasterly to latitude 32 deg.42'10.2'' N, longitude 
117 deg.14'00.6'' W (Point D); thence northwesterly to latitude 
32 deg.42'14.6'' N, longitude 117 deg.14'02.1'' W (Point E); thence 
northwesterly to latitude 32 deg.42'22.7'' N, longitude 
117 deg.14'05.8'' W (Point F); thence northwesterly to latitude 
32 deg.42'28.3'' N, longitude 117 deg.14'08.4'' W (Point G); thence 
westerly to latitude 32 deg.42'28.3'' N, longitude 117 deg.14'09.6'' W 
(Point H); thence generally southerly along the shoreline of Point Loma 
to the place of beginning (Point A).

    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, the Commander, Naval Base, 
San Diego, the Commander, Naval Ocean Systems Center, San Diego, or the 
Commanding Officer, Naval Supply Center, San Diego. Section 165.33 also 
contains other general requirements.

[COTP San Diego Reg. 85-20, 51 FR 8197, Mar. 10, 1986]



Sec. 165.1104  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: The water area 
adjacent to Naval Submarine Base, San Diego, California, described as 
follows:

    Commencing at a point on the shoreline of Ballast Point, at latitude 
32 deg.41'11.2" N., longitude 117 deg.13'57.0" W. (Point A), for a place 
of beginning; thence northerly (approximately 352  deg.T) to latitude 
32 deg.41'31.8" N., longitude 117 deg.14'00.6" W (Point B); thence 
westerly (approximately 243  deg.T) to latitude 32 deg.41'24.5" N., 
longitude 117 deg.14'18.7" W. (Point C); thence generally southeasterly 
along the shoreline of the Naval Submarine Base to the place of 
beginning (Point A).

    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, the Commander, Naval Base 
San Diego, or the Commander, Submarine Force, U.S. Pacific Fleet 
Representative, West Coast. Section 165.33 also contains other general 
requirements.

[COTP San Diego Reg. 85-19, 51 FR 8197, Mar. 10, 1986]



Sec. 165.1105  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: The water area 
adjacent to Naval Air Station North Island, Coronado, California, and 
within 100 yards (91.5 meters) of the Cruiser (J-K) Pier and within 300 
yards (275 meters) of the Carrier (L-P) Pier, described as follows:

    From a point on the shoreline of Naval Air Station North Island, on 
North Island, Coronado, California, at latitude 32 deg.42'47.5" N., 
longitude 117 deg.11'25.0" W. (Point A), for a place of beginning; 
thence northeasterly to latitude 32 deg.42'52.0" N., longitude 
117 deg.11'21.5" W. (Point B); thence southeasterly to latitude 
32 deg.42'44.5" N., longitude 117 deg.11'11.0" W. (Point C ); thence 
southerly to latitude 32 deg.42'31.0" N., longitude 117 deg.11'16.4" W. 
(Point D); thence southeasterly to latitude 32 deg.42'21.4" N., 
longitude 117 deg.10'44.5" W. (Point E); thence southerly to latitude 
32 deg.42'12.8" N., longitude 117 deg.10'47.8" W. (Point F); thence 
generally northwesterly along the shoreline of Naval

[[Page 635]]

Air Station North Island to the place of beginning (Point A).

    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, the Commander, Naval Air 
Force, U.S. Pacific Fleet, the Commander, Naval Base San Diego, or the 
Commanding Officer, Naval Air Station North Island. Section 165.33 also 
contains other general requirements.

[COTP San Diego Reg. 85-17, 51 FR 8196, Mar. 10, 1986]



Sec. 165.1106  Security Zone: San Diego Bay, California.

    (a) Location. (1) The following area is a security zone: The water 
area adjacent to Naval Air Station North Island, Coronado, California, 
and within 100 yards (91 meters) of Bravo Pier, and vessels moored 
thereto, bounded by the following points (when no vessel is moored at 
the pier):
    (i) Latitude 32 deg.41'53.0'' N, Longitude 117 deg.13'33.6'' W;
    (ii) Latitude 32 deg.41'53.0'' N, Longitude 117 deg.13'40.6'' W;
    (iii) Latitude 32 deg.41'34.0'' N, Longitude 117 deg.13'40.6'' W;
    (iv) Latitude 32 deg.41'34.0'' N, Longitude 117 deg.13'34.1'' W.
    (2) Because the area of this security zone is measured from the pier 
and from vessels moored thereto, the actual area of this security zone 
will be larger when a vessel is moored at Bravo Pier.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port or the Commanding Officer, 
Naval Air Station North Island. Section 165.33 also contains other 
general requirements.

[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986, as amended at 52 
FR 8893, Mar. 20, 1987]



Sec. 165.1107  San Diego Bay, California--safety zone.

    (a) The waters of San Diego Bay enclosed by the following boundaries 
are a safety zone:
    From a point located on the boundary of Coast Guard Air Station San 
Diego, California at latitude 32 deg.43'37.2'' N, longitude 
117 deg.10'45.0'' W (point A), for a point of beginning; thence 
southeasterly to latitude 32 deg.43'36.2'' N, longitude 
117 deg.10'41.5'' W (point B); thence southwesterly to latitude 
32 deg.43'20.2'' N, longitude 117 deg.10'49.5'' W (point C); thence 
northwesterly to latitude 32 deg.43'25.7'' N, longitude 
117 deg.11'04.6'' W (point D); thence northeasterly to latitude 
32 deg.43'35.7'' N, longitude 117 deg.10'59.5'' W (point E); thence 
generally easterly along the air station boundary to the point of 
beginning (point A).
    (b)(1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into the area of this zone is prohibited unless 
authorized by the Captain of the Port, except as provided for below.
    (2) Vessels may transit the area of this safety zone without 
permission, but may not anchor, stop, remain within the zone, or 
approach within 100 yards (92 meters) of the land area of Coast Guard 
Air Station San Diego or structures attached thereto.

[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego Reg. 85-06, 
50 FR 38003, Sept. 19, 1985]



Sec. 165.1108  San Diego Bay, California.

    (a) Location. The area encompassed by the following geographic 
coordinates is a regulated navigation area:


32 deg.41'-24.6'' N            117 deg.-14'-21.9'' W                    
32 deg.41'-34.2'' N            117 deg.-13'-58.5'' W                    
32 deg.41'-34.2'' N            117 deg.-13'-37.2'' W                    
                                                                        

    Thence south along the shoreline to


32 deg.41'-11.2'' N            117 deg.-13'-31.3'' W                    
32 deg.41'-11.2'' N            117 deg.-13'-58.5'' W                    
                                                                        

    Thence north along the shoreline to the point of origin.
    Datum: NAD 1983.

    (b) Regulations. (1) During submarine docking/undocking operations 
at the U.S. Naval Submarine Base on Ballast Point, San Diego Bay, 
California, mariners transiting within the regulated navigation area 
shall proceed at a speed that generates no wake from their vessel.
    (2) The Coast Guard will issue a Broadcast Notice to Mariners, and 
if

[[Page 636]]

time permits a Local Notice to Mariners, to inform the maritime 
community of the dates and times of the submarine docking/undocking 
operations covered by paragraph (b)(1).
    (3) The master and/or operator of a vessel within the regulated 
navigation area shall comply with any other orders or directions issued 
by the Coast Guard as required for the safety of the submarine docking/
undocking operations covered by paragraph (b)(1).

[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991]



Sec. 165.1109  San Pedro Bay, California--Regulated navigation area.

    (a) Location. The following is a regulated navigation area: The 
water area of San Pedro Bay encompassed by the following geographic 
coordinates:
    From Point Fermin Light (33 deg.42'18'' N, 118 deg.17'36'' W) thence 
along the shoreline to the San Pedro Breakwater, thence along the San 
Pedro Breakwater and the Middle Breakwater (following the COLREGS 
Demarcation Lines) to Long Beach Channel Entrance Light ``2'' 
(33 deg.42'42'' N, 118 deg.14'42'' W), thence south southeast to 
33 deg.40'31'' N, 118 deg.08'42'' W; thence west to 33 deg.40'31'' N, 
118 deg.12'03'' W; thence west southwest to 33 deg.39'17'' N, 
118 deg.16'00'' W; thence northeast to 33 deg.40'06'' N, 118 deg.17'38'' 
W; thence north to the point of origin.
[Datum: NAD 1983]
    (b) Pilot areas. There are two pilot areas within the regulated 
navigation area described in paragraph (a). They are defined as follows:
    (1) The Los Angeles Pilot Area is enclosed by a line beginning at 
Los Angeles Light (33 deg.42'30'' N, 118 deg.15'06'' W); thence easterly 
to Los Angeles Main Channel Entrance Light 2 (33 deg.42'42'' N, 
118 deg.14'42'' W); thence southeasterly to 33 deg.41'36.2'' (N, 
118 deg.13'46.2'' W; thence southwest to 33 deg.41'13.9'' N, 
118 deg.14'55.4'' W; thence north to the point of origin.

[Datum: NAD 1983]
    (2) The Long Beach Pilot Area is enclosed by a line beginning at 
Long Beach Light (33 deg.43'24'' N, 118 deg.11'12'' W); thence easterly 
to Long Beach Channel Entrance Light 2 (33 deg.43'24'' N, 
118 deg.10'48'' W); thence southerly to 33 deg.42'09.1'' N, 
118 deg.10'26.2'' W; thence west to 33 deg.42'09.1'' N, 
118 deg.11'35.5'' W; thence northeasterly to the point of origin.

[Datum: NAD 1983]
    (c) Definitions. For the purposes of this section:
    (1) Floating plant--means any vessel, other than a vessel underway 
and making way, engaged in any construction, manufacturing, or 
exploration operation.
    (2) Vessel--means every description of watercraft, used or capable 
of being used as a means of transportation on water.
    (d) The following regulations apply to all vessels while operating 
within the regulated navigation area:
    (1) Los Angeles Pilot Area:
    (i) No vessel may enter the Los Angeles Pilot Area unless it is 
entering or departing the Los Angeles Main Channel via the Los Angeles 
Harbor Entrance (Angel's Gate).
    (ii) Vessels entering the Los Angeles Pilot Area shall pass directly 
through without stopping or loitering unless stopping is necessary to 
embark or disembark a pilot.
    (iii) Vessels shall leave Los Angeles Approach Lighted Bell Buoy 
``LA'' to port when entering and departing Los Angeles Main Channel;
    (2) Long Beach Pilot Area:
    (i) No vessel may enter the Long Beach Pilot Area unless it is 
entering or departing Long Beach Harbor Entrance (Queen's Gate).
    (ii) Every vessel entering the Long Beach Pilot Area shall pass 
directly thorugh without stopping or loitering unless stopping is 
necessary to embark or disembark a pilot.
    (iii) Every vessel shall leave Long Beach Approach Lighted Whistle 
Buoy ``LB'' to port when entering and departing Long Beach Channel and 
departing vessels shall pass across the southern boundary of the Long 
Beach Pilot Area.
    (e) The following regulations contained in paragraphs (e)(1) through 
(e)(4) apply to vessels 30 meters (approximately 98 feet) or over in 
length, towing vessels of 8 meters (approximately 26 feet) or over in 
length engaged in towing, vessels of 100 gross tons and upward carrying 
one or more passengers for hire while navigating, and each dredge and 
floating plant engaged in operations in the regulated navigation area:

[[Page 637]]

    (1) Such vessel's speed shall not exceed 12 knots;
    (2) All verbal contact between such vessels shall be communicated in 
the English language. No such vessel may enter or transit within the 
regulated navigation area unless there is at least one person on the 
bridge immediately available to communicate with other vessels in the 
English language;
    (3) When such vessels in the regulated navigation area encounter 
meeting, crossing, or overtaking situations as defined by the 
International Regulations for Prevention of Collisions at Sea, 1972 (72 
COLREGS) the master, pilot or person in charge of each such vessel shall 
make verbal passing arrangements with the other over radiotelephone in 
addition to sound signal requirements of the 72 COLREGS;
    (4) No such vessel may enter the waters between Commercial Anchorage 
G and the Middle Breakwater as defined by an area enclosed by a line 
beginning at Los Angeles Main Channel Entrance Light 2 (33 deg.42'42'' 
N, 118 deg.14'42'' W); thence eastward along the middle breakwater to 
Long Beach Light (33 deg.43'24'' N, 118 deg.11'12'' W); thence south to 
33 deg.43'05.3'' N, 118 deg.11'15.3'' W; thence westerly to 
33 deg.43'05.3'' N, 118 deg.12'15.7'' W; thence southwesterly parallel 
to the breakwater to 33 deg.42'29.9'' N, 118 deg.14'16.0'' W; thence to 
the point of origin, unless such vessel is:
    (i) In an emergency;
    (ii) Proceeding to anchor in or departing Commercial Anchorage G;
    (iii) Standing by with confirmed pilot boarding arrangements; or,
    (iv) Engaged in towing vessels to or from Commercial Anchorage G, or 
to or from the waters between Commercial Anchorage G and the Middle 
Breakwater.

[CCGD11-93-007, 59 FR 5953, Feb. 9, 1994]



Sec. 165.1110  Safety Zone: Los Angeles Harbor-San Pedro Bay, CA

    (a) Location. All waters within the following boundaries are 
established as a safety zone.
    (1) Pier 400. The waters of Los Angeles Harbor encompassing the rock 
dike and landfill for the construction of Pier 400 as defined by the 
line connecting the following coordinates:


Latitude                             Longitude                          
                                                                        
33 deg.-44'-29'' N                   118 deg.-14'-14'' W.               
33 deg.-43'-48'' N                   118 deg.-13'-56'' W.               
33 deg.-42'-53'' N                   118 deg.-14'-35'' W.               
33 deg.-42'-49'' N                   118 deg.-14'-48'' W.               
33 deg.-42'-56'' N                   118 deg.-15'-32'' W.               
33 deg.-43'-51'' N                   118 deg.-15'53'' W.                
                                                                        


and thence along the shoreline to the point of origin.
    (2) Shallow water habitat. The waters of Los Angeles Harbor 
encompassing the rock dike and landfill for the development of a 
permanent shallow water habitat, as defined by the line connecting the 
following coordinates:


Latitude                             Longitude                          
                                                                        
33 deg.-42'-24'' N                   118 deg.-16'-28'' W.               
33 deg.-42'-36'' N                   118 deg.-16'-22'' W.               
33 deg.-42'-38'' N                   118 deg.-16'-12'' W.               
33 deg.-42'-45'' N                   118 deg.-16'-07'' W.               
33 deg.-42'-47'' N                   118 deg.-15'-55'' W.               
33 deg.-42'-28'' N                   118 deg.-15'-16'' W.               
                                                                        


and thence along the San Pedro Breakwater to the point of origin.
    (b) Effective date. This section is effective beginning 12:01 a.m. 
PDT on September 6, 1994. It will remain in effect until canceled by the 
Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this zone by vessels not involved in the development of the 
shallow water habitat or the construction of Pier 400 is prohibited 
unless authorized by the Captain of the Port Los Angeles-Long Beach, CA.

[COTP Los Angeles-Long Beach, 94-004, 59 FR 46174, Sept. 7, 1994]



Sec. 165.1111  Security Zone: Wilson Cove, San Clemente Island, California.

    (a) Location. The following area is a security zone: The water area 
adjacent to San Clemente Island, California within 1.5 nautical miles 
(1.73 statute miles, 2.8 kilometers) of the shoreline of San Clemente 
Island from Wilson Cove North End Light (LLNR 2565) to Spruce Pier, 
approximately 4.1 nautical miles (4.7 statute miles, 7.65 kilometers) 
southeast of Wilson Cove North End Light, described as follows:
    Starting at a point on the shoreline of San Clemente Island, 
California, in position 33 deg.01'25.0" N, 118 deg.33'43.0" W, for

[[Page 638]]

a place of beginning (point A), thence northeasterly to 33 deg.02'11.0" 
N, 118 deg.32'13.5" W (point B), thence southeasterly to 32 
deg.58'40.5" N, 118 deg.29'15.5" W (point C), thence southwesterly to 
32 deg.57'54.0" N, 118 deg.31'17.2" W (point D), thence northwesterly 
along the shoreline of San Clemente Island to the place of beginning.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, San Diego, California. 
Section 165.33 also contains other general requirements.

[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987]



Sec. 165.1114  San Francisco Bay Region, California--regulated navigation area.

    (a) Applicability. This section applies to all ressels unless 
otherwise specified.
    (b) Deviations. The Captain of the Port, San Francisco Bay, or the 
Commanding Officer, Vessel Traffic Service San Francisco, as a 
representative of the Captain of the Port, may authorize a deviation 
from the requirements of this regulation when it is deemed necessary in 
the interests of safety.
    (c) Regulated Navigation Areas,--(1) San Francisco Bay RNA. (i) The 
following is a regulated navigation area--The waters bounded by a line 
connecting the following coordinates, beginning at:

37 deg.47'18''N, 122 deg.30'22''W; thence to
37 deg.48'55''N, 122 deg.31'41''W; thence along the shoreline to
37 deg.50'38''N, 122 deg.28'37''W; thence to
37 deg.50'59''N, 122 deg.28'00''W; thence to
37 deg.51'45''N, 122 deg.27'28''W; thence to
37 deg.52'58''N, 122 deg.26'06''W; thence to
37 deg.51'53''N, 122 deg.24'58''W; thence to
37 deg.51'53''N, 122 deg.24'00''W; thence to
37 deg.51'40''N, 122 deg.23'48''W; thence to
37 deg.49'22''N, 122 deg.23'48''W; thence to
37 deg.48'20''N, 122 deg.22'12''W; thence to
37 deg.47'02''N, 122 deg.21'33''W; thence to
37 deg.47'02''N, 122 deg.23'04''W; thence along the shoreline to the 
point of beginning.

                              Datum: NAD 83

    (ii) The San Francisco Bay RNA consists of the following defined 
sub-areas:
    (A) Golden Gate Traffic Lanes.--(1) Westbound traffic lane: Bounded 
by the Golden Gate precautionary area and the COLREGS Demarcation Line 
(33 CFR 80.1142), between the separation zone and a line connecting the 
following coordinates:

37 deg.48'30''N, 122 deg.31'22''W; thence to
37 deg.49'03''N, 122 deg.29'52''W.

                              Datum: NAD 83

    (2) Eastbound traffic lane. Bounded by the COLREGS Demarcation Line 
(33 CFR 80.1142) and the Golden Gate precautionary area, between the 
separation zone and a line connecting the following coordinates:

37 deg.47'50'' N, 122 deg.30'48'' W; thence to
37 deg.48'30'' N, 122 deg.29'29'' W.

                              Datum: NAD 83

    (3) Golden Gate Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates:

37 deg.48'08'' N, 122 deg.31'05'' W; thence to
37 deg.48'46'' N, 122 deg.29'40'' W.

                              Datum: NAD 83

    (B) Golden Gate Precautionary Area: An area bounded by a line 
connecting the following coordinates beginning at:

37 deg.48'30'' N, 122 deg.29'29'' W; thence to
37 deg.48'52'' N, 122 deg.28'41'' W; thence to
37 deg.48'52'' N, 122 deg.27'49'' W; thence to
37 deg.49'36'' N, 122 deg.27'46'' W; thence to
37 deg.49'55'' N, 122 deg.28'09'' W; thence to
37 deg.49'28'' N, 122 deg.28'45'' W; thence to
37 deg.49'03'' N, 122 deg.29'52'' W; thence returning to the point of 
beginning.

                              Datum: NAD 83

    (C) Central Bay Traffic Lanes.--(1) Westbound traffic lane: Bounded 
by the Central Bay precautionary area and the Golden Gate precautionary 
area, between the Central Bay and the Deep Water Traffic Lane separation 
zones.
    (2) Eastbound traffic lane: Bounded by the Golden Gate precautionary 
area and the Central Bay precautionary area, between the Central Bay 
Separation Zone and a line connecting the following coordinates, 
beginning at:

37 deg.48'41'' N, 122 deg.25'17'' W; thence to
37 deg.48'50'' N, 122 deg.26'14'' W; thence to
37 deg.48'52'' N, 122 deg.27'49'' W.

[[Page 639]]

                              Datum: NAD 83

    (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay 
precautionary area and the Golden Gate precautionary area, between the 
Deep Water Traffic Lane and a line connecting the following coordinates, 
beginning at:

37 deg.49'55'' N, 122 deg.28'09'' W; thence to
37 deg.50'36'' N, 122 deg.27'12'' W; thence to
37 deg.50'47'' N, 122 deg.26'26'' W.

                              Datum: NAD 83

    (D) Central Bay Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates, beginning at:

37 deg.49'17'' N, 122 deg.27'47'' W; thence to
37 deg.49'35'' N, 122 deg.25'25'' W.

                              Datum: NAD 83

    (E) Deep Water Traffic Lane Separation Zone: The area 75 yards each 
side of a line connecting the following coordinates, beginning at:

37 deg.49'36'' N, 122 deg.27'46'' W; thence to
37 deg.50'22'' N, 122 deg.26'49'' W; thence to
37 deg.50'25'' N, 122 deg.26'22'' W.

                              Datum: NAD 83

    (F)  Central Bay Precautionary Area: An area bounded by a line 
connecting the following coordinates, beginning at:

37 deg.48'41'' N, 122 deg.25'17'' W; thence to
37 deg.49'32'' N, 122 deg.25'13'' W; thence to
37 deg.50'25'' N, 122 deg.26'22'' W; thence to
37 deg.50'47'' N, 122 deg.26'26'' W; thence to
37 deg.51'04'' N, 122 deg.24'58'' W; thence to
37 deg.51'53'' N, 122 deg.24'58'' W; thence to
37 deg.51'53'' N, 122 deg.24'00'' W; thence to
37 deg.51'40'' N, 122 deg.23'48'' W; thence to
37 deg.49'22'' N, 122 deg.23'48'' W; thence to
37 deg.48'20'' N, 122 deg.22'12'' W; thence to
37 deg.47'02'' N, 122 deg.21'33'' W; thence to
37 deg.47'02'' N, 122 deg.23'04''W; thence to
37 deg.47'02'' N, 122 deg.23'04'' W; thence returning along the 
shoreline to the point of beginning.

                              Datum: NAD 83

    (2) North Ship Channel RNA. The following is a regulated navigation 
area--The waters bounded by a line connecting the following coordinates, 
beginning at:

37 deg.51'53'' N, 122 deg.24'58'' W; thence to
37 deg.54'15'' N, 122 deg.27'27'' W; thence to
37 deg.56'06'' N, 122 deg.26'49'' W; thence to
37 deg.56'06'' N, 122 deg.26'34'' W; thence to
37 deg.54'48'' N, 122 deg.26'42'' W; thence to
37 deg.54'02'' N, 122 deg.26'10'' W; thence to
37 deg.51'53'' N, 122 deg.24'00'' W; thence to returning to the point of 
beginning.

                              Datum: NAD 83

    (3) San Pablo Strait Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

37 deg.56'06'' N, 122 deg.26'49'' W; thence to
37 deg.57'26'' N, 122 deg.27'21'' W; thence to
38 deg.00'48'' N, 122 deg.24'45'' W; thence to
38 deg.01'54'' N, 122 deg.22'24'' W; thence to
38 deg.01'44'' N, 122 deg.22'18'' W; thence to
37 deg.57'37'' N, 122 deg.26'23'' W; thence to
37 deg.56'06'' N, 122 deg.26'34'' W; thence returning to the point of 
beginning.

                              Datum: NAD 83

    (4) Pinole Shoal Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

38 deg.01'54'' N, 122 deg.22'25'' W; thence to
38 deg.03'13'' N, 122 deg.19'50'' W; thence to
38 deg.03'23'' N, 122 deg.18'31'' W; thence to
38 deg.03'13'' N, 122 deg.18'29'' W; thence to
38 deg.03'05'' N, 122 deg.19'28'' W; thence to
38 deg.01'44'' N, 122 deg.22'18'' W; thence returning to the point of 
beginning.

                              Datum: NAD 83

    (5) Southern Pacific Railroad Bridge RNA. The following is a 
regulated navigation area--The water area contained within a circle with 
a radius of 200 yards, centered on 38 deg.02'18'' N, 122 deg.07'17'' W.

                              Datum: NAD 83

    (6) Southampton Shoal Channel/Richmond Harbor RNA: The following, 
consisting of two distinct areas, is a regulated navigation area--
    (i) The waters bounded by a line connecting the following 
coordinates, beginning at:

37 deg.54'17'' N, 122 deg.22'00'' W; thence to
37 deg.54'08'' N, 122 deg.22'00'' W; thence to
37 deg.54'15'' N, 122 deg.23'12'' W; thence to

[[Page 640]]

37 deg.54'30'' N, 122 deg.23'09'' W; thence along the shoreline to the 
point of beginning.

                              Datum: NAD 83

    (ii) The waters bounded by a line connecting the following 
coordinates, beginning at:

37 deg.54'28'' N, 122 deg.23'36'' W; thence to
37 deg.54'20'' N, 122 deg.23'38'' W; thence to
37 deg.54'23'' N, 122 deg.24'02'' W; thence to
37 deg.54'57'' N, 122 deg.24'51'' W; thence to
37 deg.55'05'' N, 122 deg.25'02'' W; thence to
37 deg.54'57'' N, 122 deg.25'22'' W; thence to
37 deg.54'00'' N, 122 deg.25'13'' W; thence to
37 deg.53'59'' N, 122 deg.25'22'' W; thence to
37 deg.55'30'' N, 122 deg.25'35'' W; thence to
37 deg.55'40'' N, 122 deg.25'10'' W; thence to
37 deg.54'54'' N, 122 deg.24'30'' W; thence to
37 deg.54'30'' N, 122 deg.24'00'' W; thence returning to the point of 
beginning.

                              Datum: NAD 83

    (7) Oakland Harbor RNA. The following is a regulated navigation 
area--The waters bounded by a line connecting the following coordinates, 
beginning at:

37 deg.48'40'' N, 122 deg.19'58'' W; thence to
37 deg.48'50'' N, 122 deg.20'02'' W; thence to
37 deg.48'20'' N, 122 deg.21'00'' W; thence to
37 deg.48'15'' N, 122 deg.21'30'' W; thence to
37 deg.48'20'' N, 122 deg.22'12'' W; thence to
37 deg.47'26'' N, 122 deg.21'45'' W; thence to
37 deg.47'55'' N, 122 deg.21'26'' W; thence to
37 deg.48'03'' N, 122 deg.21'00'' W; thence to
37 deg.47'48'' N, 122 deg.19'46'' W; thence to
37 deg.47'55'' N, 122 deg.19'43'' W; thence returning along the 
shoreline to the point of the beginning.

                              Datum: NAD 83

    (d) General Regulations. (1) A power-driven vessel of 1600 or more 
gross tons, or a tug with a tow of 1600 or more gross tons, navigating 
within the RNAs defined in paragraph (c) of this section, shall not 
exceed a speed of 15 knots through the water.
    (2) A power-driven vessel of 1600 or more gross tons, or a tug with 
a tow of 1600 or more gross tons, navigating within the RNAs defined in 
paragraph (c) of this section, shall have its engine(s) ready for 
immediate maneuver and shall operate its engine(s) in a control mode and 
on fuel that will allow for an immediate response to any engine order, 
ahead or astern, including stopping its engine(s) for an extended period 
of time.
    (3) The master, pilot or person directing the movement of a vessel 
within the RNAs defined in paragraph (c) of this regulation shall comply 
with Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in 
conjunction with the provisions of the associated INRs.
    (e) Specific Regulations.--(1) San Francisco Bay RNA: (i) A vessel 
shall navigate with particular caution in a precautionary area, or in 
areas near the terminations of traffic lanes or channels, as described 
in this regulation.
    (ii) A power-driven vessel of 1600 or more gross tons, or a tug with 
a tow of 1600 or more gross tons, shall:
    (A) use the appropriate traffic lane and proceed in the general 
direction of traffic flow for that lane;
    (B) use the Central Bay Deep Water Traffic Lane if eastbound with a 
draft of 45 feet or greater or westbound with a draft of 28 feet or 
greater;
    (C) not enter the Central Bay Deep Water Traffic Lane when another 
power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 
or more gross tons is navigating therein when either vessel is:
    (1) carrying certain dangerous cargoes (as denoted in section 
160.203 of this subchapter);
    (2) carrying bulk petroleum products; or
    (3) a tank vessel in ballast if such entry would result in meeting, 
crossing, or overtaking the other vessel.
    (D) normally join or leave a traffic lane at the termination of the 
lane, but when joining or leaving from either side, shall do so at as 
small an angle to the general direction of traffic flow as practicable;
    (E) so far as practicable keep clear of the Central Bay Separation 
Zone and the Deep Water Lane Separation Zone;
    (F) not cross a traffic lane separation zone unless crossing, 
joining, or leaving a traffic lane.
    (2) Pinole Shoal Channel RNA: (i) The use of Pinole Shoal Channel 
RNA is reserved for navigation of vessels with a draft greater than 20 
feet or tugs with tows drawing more than 20 feet. Vessels drawing less 
than 20 feet are not

[[Page 641]]

permitted within this RNA and are prohibited from crossing it at any 
point.
    (ii) A power-driven vessel of 1600 or more gross tons or a tug with 
a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel 
RNA when another power-driven vessel of 1600 or more gross tons or tug 
with a tow of 1600 or more gross tons is navigating therein when either 
vessel is:
    (A) carrying certain dangerous cargoes (as denoted in section 
160.203 of this subchapter);
    (B) carrying bulk petroleum products; or
    (C) a tank vessel in ballast if such entry would result in meeting, 
crossing, or overtaking the other vessel.
    (iii) Vessels permitted to use this channel shall proceed at a 
reasonable speed so as not to endanger other vessels or interfere with 
any work which may become necessary in maintaining, surveying, or 
buoying the channel, and they shall not anchor in the channel except in 
case of a deviation authorized under paragraph (b) of this section.
    (iv) This paragraph shall not be construed as prohibiting any 
necessary use of the channel by any public vessels while engaged in 
official duties, or in emergencies by pilot boats.
    (3) Southern Pacific Railroad Bridge (RNA): (i) When visibility is 
less than 1000 yards within the Southern Pacific Railroad Bridge RNA, a 
power-driven vessel of 1600 or more gross tons, or a tug with a tow of 
1600 or more gross tons:
    (A) When eastbound, shall not transit through the RNA.
    (B) When westbound:
    (1) During periods of reduced visibility and immediately prior to 
passing New York Point, the master, pilot, or person directing the 
movement of a vessel shall obtain a report of visibility conditions 
within the RNA.
    (2) If visibility within the RNA is less than 1000 yards, the vessel 
shall not transit the RNA. Vessels prevented from transiting due to low 
visibility shall not proceed past Mallard Island until visibility 
improves to greater than 1000 yards within the RNA.
    (3) If a transit between New York Point and the Southern Pacific 
Railroad Bridge has commenced, and the visibility subsequently should 
become less than 1000 yards, the master, pilot, or person directing the 
movement of a vessel shall comply with paragraph (b) of this section and 
may proceed, taking all further appropriate actions in the interest of 
safety.
    (ii) Visibility is considered to be 1000 yards or greater when both 
the following geographical points can be seen from the Southern Pacific 
Railroad Bridge:
    (A) The Port of Benecia Pier, and
    (B) The Shell Martinez Pier.
    (4) Southampton Shoal/Richmond Harbor RNA: A power-driven vessel of 
1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, 
shall not enter Southampton Shoal/Richmond Harbor RNA when another 
power-driven vessel of 1600 or more gross tons, or a tug with a tow of 
1600 or more gross tons, is navigating therein, if such entry would 
result in meeting, crossing, or overtaking the other vessel.
    (5) Oakland Harbor RNA: A power-driven vessel of 1600 or more gross 
tons or a tug with a tow of 1600 or more gross tons shall not enter the 
Oakland Harbor RNA when another power-driven vessel of 1600 or more 
gross tons, or a tug with a tow of 1600 or more gross tons, is 
navigating therein, if such entry would result in meeting, crossing, or 
overtaking the other vessel.

[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June 7, 1995]

                     Thirteenth Coast Guard District



Sec. 165.1301  Puget Sound, and Adjacent Waters in Northwestern Washington--Regulated Navigation Area.

    The following is a regulated navigation area--All of the following 
northwestern Washington waters under the jurisdiction of the Captain of 
the Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound, 
Elliott Bay, Commencement Bay, the San Juan Archipelago, Rosario Strait, 
Guemes Channel, Bellingham Bay, U.S. waters of the Strait of Juan de 
Fuca, Haro Strait, Boundary Pass, and Georgia Strait, and all lesser 
bays and harbors adjacent to the above.
    (a) Definitions as used in this section:
    (1) Vessels engaged in fishing are as identified in the definition 
found in

[[Page 642]]

Rule 3 of the International Regulations for Prevention of Collisions at 
Sea, 1972, (72 COLREGS), found in Appendix A, Part 81 of this chapter.
    (2) Hazardous levels of vessel traffic congestion are as defined at 
the time by Puget Sound Vessel Traffic Service.
    (b) This section is intended to enhance vessel traffic safety during 
periods and in locations where hazardous levels of vessel traffic 
congestion are deemed to exist by Puget Sound Vessel Traffic Service. 
Operations potentially creating vessel traffic congestion include, but 
are not limited to, vessels engaged in fishing, including gillnet or 
purse seine, recreational fishing derbies, regattas, or permitted marine 
events.
    (c) General regulations. (1) Nothing in this section shall be 
construed as relieving any party from their responsibility to comply 
with applicable rules set forth in the 72 COLREGS.
    (2) Vessels engaged in fishing or other operations--that are 
distinct from vessels following a Traffic Separation Scheme (TSS) or a 
connecting precautionary area east of New Dungeness, may not remain in, 
nor their gear remain in, a traffic lane or a connecting precautionary 
area east of New Dungeness when a vessel following a TSS approaches an 
area where hazardous levels of vessel traffic congestion are deemed to 
exist. Vessels not following a TSS or a connecting precautionary area 
east of New Dungeness shall draw in their gear, maneuver, or otherwise 
clear these areas so that their action is complete and the traffic lane 
and connecting precautionary area is clear at least fifteen minutes 
before the arrival of a vessel following the TSS. Vessels which are 
required by this section to leave the traffic lane or connecting 
precautionary area must also remain clear of the adjacent separation 
zone when in a TSS east of New Dungeness.
    (3) Vessels engaged in fishing or other operations--that are 
distinct from vessels following a TSS or a connecting precautionary area 
east of New Dungeness and which are not required by the Bridge to Bridge 
Radiotelephone Regulations to maintain a listening watch, are highly 
encouraged to maintain a listening watch on the Puget Sound Vessel 
Traffic Service (PSVTS) VHF-FM radio frequency for the area in which the 
vessel is operating. A safe alternative to the radio listening watch is 
to stay clear of the TSS.
    (4) Vessels engaged in fishing in a traffic lane or connecting 
precautionary area east of New Dungeness shall tend nets or other gear 
placed in the water so as to facilitate the movement of the vessel or 
gear from the traffic lane or precautionary area upon the approach of a 
vessel following the TSS.
    (5) Vessels engaged in gill net fishing at any time between sunset 
and sunrise in any of the above-listed waters shall, in addition to the 
navigation lights and shapes required by Part 81 of this title (72 
COLREGS), display at the end of the net most distant from the vessel an 
all-round (32-point) white light visible for a minimum of two nautical 
miles and displayed from at least three feet above the surface of the 
water.
    (6) A vessel following the TSS may not exceed a speed of 11 knots 
through the water when transiting areas where hazardous levels of vessel 
traffic congestion are deemed to exist.
    (d) Prohibited fishing areas. Vessels engaged in fishing, including 
gillnet and purse seine fishing, are prohibited in the following areas:
    (1) Edmonds/Kingston ferry crossing lanes, to include the waters 
within one-quarter nautical mile on either side of a straight line 
connecting the Edmonds and Kingston ferry landings during the hours that 
the ferry is operating.
    (2) The Hood Canal Bridge, to include the waters within a one-half 
nautical mile radius of the center of the main ship channel draw span 
during the immediate approach and transit of the draw by public vessels.
    (e) Authorization to deviate from this section. (1) Commander, 
Thirteenth Coast Guard District may, upon written request, issue an 
authorization to deviate from this section if the proposed deviation 
provides a level of safety equivalent to or beyond that provided by the 
required procedure. An application for authorization must state the need 
for the deviation and describe the proposed alternative operation.
    (2) PSVTS may, upon verbal request, authorize a deviation from this 
section for a voyage, or part of a voyage, if the

[[Page 643]]

proposed deviation provides a level of safety equivalent to or beyond 
that provided by the required procedure. The deviation request must be 
made well in advance to allow the requesting vessel and the Vessel 
Traffic Center (VTC) sufficient time to assess the safety of the 
proposed deviation. Discussions between the requesting vessel and the 
VTC should include, but are not limited to, information on vessel 
handling characteristics, traffic density, radar contracts, and 
environmental conditions.
    (3) In an emergency, the master, pilot, or person directing the 
movement of the vessel following the TSS may deviate from this section 
to the extent necessary to avoid endangering persons, property, or the 
environment, and shall report the deviation to the VTC as soon as 
possible.

[CGD13-90-003, 59 FR 44321, Aug. 29, 1994]



Sec. 165.1302  Bangor Naval Submarine Base, Bangor, WA.

    (a) Location. The following is a security zone: The waters of the 
Hood Canal encompassed by a line commencing on the east shore of Hood 
Canal at latitude 47 deg.43'17" N., longitude 122 deg.44'44" W., thence 
to latitude 47 deg.43'32" N., longitude 122 deg.44'40" W.; thence to 
latitude 47 deg.43'50" N., longitude 122 deg.44'40" W.; thence to 
latitude 47 deg.44'24" N., longitude 122 deg.44'22" W.; thence to 
latitude 47 deg.45'47" N., longitude 122 deg.43'22" W.; thence to 
latitude 47 deg.46'23" N., longitude 122 deg.42'42" W.; thence to 
latitude 47 deg.46'23" N., longitude 122 deg.42'20" W.; thence to 
latitude 47 deg.46'20" N., longitude 122 deg.42'12" W.: thence southerly 
along the shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: Area No. 2. Waters of Hood Canal within a circle of 1,000 
yards diameter centered on a point located at latitude 47 deg.46'26" N., 
longitude 122 deg.42'49" W.
    (c) Special Regulations. (1) Section 165.33 paragraphs, (a), (e), 
and (f) do not apply to the following vessels or individuals on board 
those vessels:
    (i) Public vessels of the United States, other than United States 
Naval vessels.
    (ii) Vessels that are performing work at Naval Submarine Base Bangor 
pursuant to a contract with the United States Navy which requires their 
presence in the security zone.
    (iii) Any other vessels or class of vessels mutually agreed upon in 
advance by the Captain of the Port and Commanding Officer, Naval 
Submarine Base Bangor. Vessels operating in the security zone under this 
exemption must have previously obtained a copy of a certificate of 
exemption permitting their operation in the security zone from the 
Security Office, Naval Submarine Base Bangor. This written exemption 
shall state the date(s) on which it is effective and may contain any 
further restrictions on vessel operations within the security zone as 
have been previously agreed upon by the Captain of the Port and 
Commanding Officer, Naval Submarine Base Bangor. The certificate of 
exemption shall be maintained on board the exempted vessel so long as 
such vessel is operating in the security zone.
    (2) Any vessel authorized to enter or remain in the security zone 
may anchor in the security zone anchorage.
    (3) Other vessels desiring access to this zone shall secure 
permission from the Captain of the Port through the Security Office of 
the Naval Submarine Base Bangor. The request shall be forwarded in a 
timely manner to the Captain of the Port by the appropriate Navy 
official.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and monitoring of this security zone by the U.S. Navy.

[CDG13 87-06, 52 FR 47924, Dec. 17, 1987]



Sec. 165.1303  Puget Sound and adjacent waters, WA-regulated navigation area.

    (a) The following is a regulated navigation area: the waters of the 
United States east of a line extending from Discovery Island Light to 
New Dungeness Light and all points in the Puget Sound area north and 
south of these lights.
    (b) Regulations. (1) Tank vessel navigation restrictions: Tank 
vessels larger than 125,000 deadweight tons bound for a port or place in 
the United States may not operate in the regulated navigation area.

[[Page 644]]

    (2) Commander, Thirteenth Coast Guard District may, upon written 
request, issue an authorization to deviate from paragraph (b)(1) of this 
section if it is determined that such deviation provides an adequate 
level of safety. Any application for authorization must state the need 
and fully describe the proposed procedure.
    (c) Precautionary Area Regulations. (1) A vessel in a precautionary 
area which is depicted on National Oceanic and Atmospheric 
Administration (NOAA) nautical charts, except precautionary ``RB'' (a 
circular area of 2,500 yards radius centered at 48-26'24'' N., 122-
45'12'' W.), must keep the center of the precautionary area to port.

    Note: The center of precautionary area ``RB'' is not marked by a 
buoy.

    (2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal 
request, authorize a onetime deviation from paragraph (c)(1) of this 
section for a voyage, or part of a voyage, if the proposed deviation 
provides a level of safety equivalent to or beyond that provided by the 
required procedure. The deviation request must be made well in advance 
to allow the requesting vessel and the Vessel Traffic Center (VTC) 
sufficient time to assess the safety of the proposed deviation. 
Discussions between the requesting vessel and the VTC should include, 
but are not limited to, information on the vessel handling 
characteristics, traffic density, radar contacts, and environmental 
conditions.
    (3) In an emergency, the master, pilot, or person directing the 
movement of the vessel may deviate from paragraph (c)(1) of this section 
to the extent necessary to avoid endangering persons, property, or the 
environment, and shall report the deviation to the VTC as soon as 
possible.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 13-97-003, 62 
FR 23660, May 1, 1997]

    Effective Date Note: By CGD 13-97-003, 62 FR 23660, May 1, 1997, 
Sec. 165.1303 was amended by revising paragraph (b)(2) and adding 
paragraph (c), effective July 30, 1997. For the convenience of the user, 
the superseded text is set forth as follows:
Sec. 165.1303  Puget Sound and adjacent waters, WA-regulated navigation 
area.

                                * * * * *

    (b) * * *
    (2) A vessel in a precautionary area which is depicted on National 
Oceanic and Atmospheric Administration (NOAA) nautical charts, except 
precautionary area ``RB'' (a circular area of 2,500 yards radius 
centered at 48-26'24'' N., 122-45'12'' W.), must keep the center of the 
precautionary area to port.

    Note: The center of precautionary area ``RB'' is not marked by a 
buoy.



Sec. 165.1304  Bellingham Bay, Bellingham, WA.

    (a) Location. The following area is a safety zone: All waters of 
Bellingham Bay, Washington, bounded by a circle with a radius of 1000 
yards centered on the fireworks launching site located on the Georgia 
Pacific Lagoon Seawall at position latitude 48 deg.44'56'' N, longitude 
122 deg.29'40'' W, including the entrances to the I & J Street Waterway 
and the Whatcom Creek Waterway. [Datum: NAD 83]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13-96-028, 
61 FR 47824, Sept. 11, 1996]



Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All portions of 
Commencement Bay bounded by the following coordinates: Latitude 
47 deg.17'34'' N, Longitude 122 deg.28'36'' W; thence to Latitude 
47 deg.17'06'' N, Longitude 122 deg.27'40'' W; thence to Latitude 
47 deg.16'42'' N, Longitude 122 deg.28'06'' W; thence to Latitude 
47 deg.17'10'' W, Longitude 122 deg.29'02'' W; thence returning to the 
origin. This safety zone resembles a rectangle lying adjacent to the 
shoreline along Ruston Way. Floating markers will be placed by the 
sponsor of the event to delineate

[[Page 645]]

the boundaries of the safety zone. [Datum: NAD 1983].
    (b) Effective dates. This section is effective annually on July the 
fourth from 2 p.m. to 12:30 a.m. July the fifth unless otherwise 
specified by Federal Register notice.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-009, 60 FR 61481, Nov. 30, 1995]



Sec. 165.1306  Lake Union, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
the waters of Lake Union bounded by the following coordinates: Latitude 
47 deg.38'32'' N, Longitude 122 deg.20'34'' W; thence to Latitude 
47 deg.38'32'' N, Longitude 122 deg.19'48'' W; thence to Latitude 
47 deg.38'10'' N, Longitude 122 deg.19'45'' W; thence to Latitude 
47 deg.38'10'' N, Longitude 122 deg.20'24'' W; thence returning to the 
origin. This safety zone begins 1,000 feet south of Gas Works Park and 
encompasses all waters from east to west for 2,500 feet. Floating 
markers will be placed by the sponsor of the fireworks demonstration to 
delineate the boundaries of the safety zone. [Datum: NAD 1983]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the safety zone is prohibited 
unless authorized by the Captain of the Port, Puget Sound, Seattle, WA. 
The Captain of the Port may establish transit lanes along the east and 
west shorelines of Lake Union and may allow boaters to transit north and 
south through the safety zone in these lanes. If established, these 
transit lanes will remain open until 10 p.m. and then be closed until 
the end of the fireworks display (approximately 30 minutes).

[CGD13-95-010, 60 FR 61483, Nov. 30, 1995]



Sec. 165.1307  Elliott Bay, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
Elliott Bay bounded by the following coordinates: Latitude 47 deg.37' 
22'' N, Longitude 122 deg. 22' 06'' W; thence to Latitude 47 deg. 37' 
06'' N, Longitude 122 deg. 21' 55'' W; thence to Latitude 47 deg. 36' 
54'' N, Longitude 122 deg. 22' 05'' W; thence to Latitude 47 deg. 36' 
09'' N, Longitude 122 deg. 22' 25'' W; thence returning to the origin. 
This safety zone resembles a square centered around the barge from which 
the fireworks will be launched and begins 100 yards from the shoreline 
of Myrtle Edwards Park. Floating markers will be placed by the sponsor 
of the fireworks display to delineate the boundaries of the safety zone. 
[Datum: NAD 1983]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port, puget sound, Seattle, WA.

[CGD13-95-007, 60 FR 61482, Nov. 30, 1995]



Sec. 165.1308  Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Vancouver, Washington, bounded by a line commencing at 
the northern base of the Interstate 5 highway bridge at latitude 
45 deg.37'17'' N, longitude 122 deg.40'22'' W; thence south along the 
Interstate 5 highway bridge to latitude 45 deg.37'03'' N, longitude 
122 deg.40'32'' W; thence to latitude 45 deg.36'28'' N, longitude 
122 deg.38'35'' W; thence to Ryan's Point at latitude 45 deg.36'42'' N, 
longitude 122 deg.38'35'' W; thence along the Washington shoreline to 
the point of origin. [Datum: NAD 83].
    (b) Effective dates. This section is effective annually on July 
fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise specified by 
Federal Register notice.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port, Portland, Oregon.

[CGD13-95-055, 61 FR 18949, Apr. 30, 1996]

[[Page 646]]

                     Fourteenth Coast Guard District



Sec. 165.1401  Apra Harbor, Guam--safety zones.

    (a) The following is designated as Safety Zone A--The waters of the 
Pacific Ocean and Apra Outer Harbor encompassed within an arc of 725 
yards radius centered at the center of Wharf H. (Located at 
13 deg.27'47''N and 144 deg.39'01.9''E. Based on World Geodetic System 
1984 Datum)
    (b) The following is designated Safety Zone B--The waters of Apra 
Outer Harbor encompassed within an arc of 680 yards radius centered at 
the center of Naval Wharf Kilo. (Located at 13 deg.26'43''N, 
144 deg.37'46.7''E. Based on World Geodetic system 1984 Datum)
    (c) Special regulations. (1) Section 165.23 does not apply to Safety 
Zone A and/or Safety Zone B, except when Wharf H and/or Naval Wharf 
Kilo, or a vessel berthed at Wharf H and/or Naval Wharf Kilo, is 
displaying a red (BRAVO) flag by day or a red light by night.
    (2) In accordance with the general regulations in 165.23 of this 
part, entry into these zones is prohibited unless authorized by the 
Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1402  Apra Outer Harbor, Guam--regulated navigation area.

    (a) The following is a regulated navigation area--The waters of the 
Pacific Ocean and Apra Outer Harbor enclosed by a line beginning at 
latitude 13 deg.26'47''N, longitude 144 deg.35'07''E; thence to Spanish 
Rocks at latitude 13 deg.27'09.5''N, longitude 144 deg.37'20.6''E; 
thence along the shoreline of Apra Outer Harbor to latitude 
13 deg.26'28.1''N, longitude 144 deg.39'52.5''E (the northwest corner of 
Polaris Point); thence to latitude 13 deg.26'40.2''N, longitude 
144.39'28.1''E; thence to latitude 13 deg.26'32.1''N, longitude 
144 deg.39'02.8''E; thence along the shoreline of Apra Outer Harbor to 
Orote Point at latitude 13 deg.26'42''N, longitude 144 deg.36'58.5''E; 
thence to the beginning. (Based on WGS 84 Datum)
    (b) Regulations:
    (1) Except for public vessels of the United States, vessels may not 
enter Apra Outer Harbor without permission of the Captain of the Port if 
they have on board more than 25 tons of high explosives.
    (2) Except for vessels not more than 65 feet in length, towboats or 
tugs without tows, no vessel may pass another vessel in the vicinity of 
the Outer Harbor entrance.
    (3) Vessels over 100 gross tons shall:
    (i) Steady on the entrance range at least 2 miles west of the 
entrance when approaching Apra Outer Harbor and;
    (ii) [Reserved]
    (iii) Steady on the range when departing Apra Outer Harbor.
    (4) Vessels may not anchor in the fairway. The fairway is the area 
within 375 feet on either side of a line beginning at latitude 
13 deg.26'47''N, longitude 144 deg.35'07''E; thence to latitude 
13 deg.27'14.1''N, longitude 144 deg.39'14.4''E; thence to latitude 
13 deg.26'35.2''N, longitude 144 deg.39'46.4''E; thence to latitude 
13 deg.26'30.8''N, longitude 144 deg.39'44.4''E. (Based on WGS 84 Datum)
    (5) Vessels over 100 gross tons may not proceed at a speed exceeding 
12 knots within the harbor.
    (6) No vessel may leave Apra Outer Harbor until any inbound vessel 
over 65 feet in length has cleared the Outer Harbor Entrance.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996]



Sec. 165.1403  Security Zone: Tinian, Commonwealth Northern Marianas Islands.

    (a) Location. The following is designated as a security zone: The 
waters of the Pacific Ocean off Tinian between 14 deg.59'04.9" N, 
145 deg.34'58.6" E to 14 deg.59'20.1" N, 145 deg.35'41.5" E to 
14 deg.59'09.8" N, 145 deg.36'02.1" E to 14 deg.57'49.3" N, 
145 deg.36'28.7" E to 14 deg.57'29.1" N, 145 deg.35'31.1" E and back to 
14 deg.59'04.9" N, 145 deg.34'58.6" E. This zone is in effect when one, 
or more, of the Maritime Preposition Ships is in the zone or moored at 
Mooring A located at 14 deg.58'57.0" N and 145 deg.35'40.8" E or Mooring 
B located at 14 deg.58'15.9" N, 145 deg.35'54.8" E. Additionally, a 50-
yard security zone will remain in effect in all directions around 
Moorings A and B when no vessels are moored thereto.

    Note: All positions of latitude and longitude are from International 
Spheroid,

[[Page 647]]

Astro Pier 1944 (Saipan) Datum (DMA Chart 81071).

    (b) Regulations. (1) In accordance with general regulations in 
Sec. 165.33 of this part, entry into this security zone is prohibited 
unless authorized by the Captain of the Port.

[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986]



Sec. 165.1404  Apra Harbor, Guam--security zone.

    (a) The following is designated as Security Zone C--The waters of 
Apra Outer Harbor, Guam surrounding Naval Mooring Buoy No. 702 (Located 
at 13 deg.27'30.1''N and 144 deg.38'12.9''E. Based on World Geodetic 
System 1984 Datum) and the Maritime Prepositioning ships moored thereto. 
The security zone will extend 100 yards in all directions around the 
vessel and its mooring. Additionally, a 50 yard security zone will 
remain in effect in all directions around buoy No. 702 when no vessel is 
moored thereto.
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into Security Zone C is prohibited unless authorized by 
the Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1406  Safety Zone: Pacific Missile Range Facility (PMRF), Barking Sands, Island of Kauai, Hawaii.

    (a) Location. The following area is established as a safety zone 
during launch operations at PMRF, Kauai, Hawaii: The waters bounded by 
the following coordinates: (22 deg. 01.2'N, 159 deg. 47.3'W), (22 deg. 
01.2'N, 159 deg. 50.7'W), (22 deg. 06.3'N, 159 deg. 50.7'W), (22 deg. 
06.3'N, 159 deg. 44.8'W). (Datum: OHD)
    (b) Activation. The above safety zone will be activated during 
launch operations at PMRF, Kauai, Hawaii. The Coast Guard will provide 
notice that the safety zone will be activated through published and 
broadcast local notice to mariners prior to scheduled launch dates.
    (c) Regulation. The area described in paragraph (a) of this section 
will be closed to all vessels and persons, except those vessels and 
persons authorized by the Commander, Fourteenth Coast Guard District, or 
the Captain of the Port (COTP) Honolulu, Hawaii, whenever Strategic 
Target System (STARS) vehicles are to be launched by the United States 
Government from the PMRF, Barking Sands, Kauai, Hawaii.
    (d) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.

[CGD14 92-05, 57 FR 54508, Nov. 19, 1992, as amended by CGD 96-026, 61 
FR 33669, June 28, 1996]

                    Seventeenth Coast Guard District



Sec. 165.1701  Port Valdez, Valdez, Alaska--safety zone.

    The waters within the following boundaries are a safety zone--The 
area within 200 yards of any waterfront facility at the Trans-Alaska 
Pipeline Valdez Terminal complex or vessels moored or anchored at the 
Trans-Alaska Pipeline Valdez Terminal complex and the area within 200 
yards of any tank vessel maneuvering to approach, moor, unmoor, or 
depart the Trans-Alaska Pipeline Valdez Terminal complex.



Sec. 165.1702  Gastineau Channel, Juneau, Alaska--safety zone.

    (a) The waters within the following boundaries are a safety zone: A 
line beginning at the Standard Oil Company Pier West Light (LLNR 3217), 
located at position 58 deg.17.9'N, 134 deg.24.8'W, in the direction of 
140 deg. True to Rock Dump Lighted Buoy 2A (LLNR 3213) at position 
58 deg.17.2'N, 134 deg.23.8'W; thence in the direction of 003 deg. True 
to a point at position 58 deg.17.4'N, 134 deg.23.7'W, on the north shore 
of Gastineau Channel; thence northwesterly along the north shore of 
Gastineau Channel to the point of origin.
    (b) Special Regulations:
    (1) All vessels may transit or navigate within the safety zone.
    (2) No vessels, other than a large passenger vessel (including 
cruise ships and ferries) may anchor within the Safety zone without the 
express consent from the Captain of the Port, Southeast Alaska.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]

[[Page 648]]



Sec. 165.1703  Ammunition Island, Port Valdez, Alaska.

    (a) The waters within the following boundaries is a safety zone--the 
area within 1330 yards of Ammunition Island, latitude 61.07-5N, 
longitude 146.18W, and the vessel moored or anchored at Ammunition 
Island.
    (b) The area 200 yards off the vessel navigating the Vessel Traffic 
system from abeam of Naked Island, maneuvering to approach, moor, unmoor 
at Ammunition Island, or the departure of the vessel from Ammunition 
Island.
    (c) Special regulation. (1) Section 165.23 does not apply to 
paragraph (a) of this section, except when the vessel is moored to 
Ammunition Island.
    (d) Effective August 25, 1987 Notice of vessels arrival will be made 
in the Notice to Mariners, Local Notice to Mariners and in the Local 
Valdez news-paper, prior to the vessel arrival.

[52 FR 30671, Aug. 17, 1987]



Sec. 165.1704  Prince William Sound, Alaska-regulated navigation area.

    (a) The following is a regulated navigation area: The navigable 
waters of the United States north of a line drawn from Cape Hinchinbrook 
Light to Schooner Rock Light, comprising that portion of Prince William 
Sound between 146-30' W. and 147-20' W. and includes Valdez Arm, Valdez 
Narrows, and Port Valdez.
    (b) Within the regulated navigation area described in paragraph (a) 
of this section, Sec. 161.60 of this chapter establishes a VTS Special 
Area for the waters of Valdez Arm, Valdez Narrows, and Port Valdez 
northeast of a line bearing 307- True from Tongue Point at 61-02'06'' 
N., 146-40' W.; and southwest of a line bearing 307- True from Entrance 
Island Light at 61-05'06'' N., 146-36'42'' W.
    (c) Regulations. In addition to the requirements set forth in 
Sec. 161.13 and Sec. 161.60(c) of this chapter, a tank vessel of 20,000 
deadweight tons or more that intends to navigate within the regulated 
navigation area must:
    (1) Report compliance with part 164 of this chapter, to the Vessel 
Traffic Center (VTC);
    (2) Have at least two radiotelephones capable of operating on the 
designated VTS frequency, one of which is capable of battery operation;
    (3) When steady wind conditions in the VTS Special Area or Port 
Valdez exceed, or are anticipated to exceed 40 knots, proceed as 
directed by the VTC (entry into the VTS Special Area and Port Valdez is 
prohibited);
    (4) When transiting the VTS Special Area, limit speed to 12 knots;
    (5) If laden and intending to navigate the VTS Special Area, limit 
speed to 12 knots except between Middle Rock and Potato Point where the 
speed limit shall be 6 knots; and
    (6) Not later than July 1, 1994, have an operating Automatic 
Identification System Shipborne Equipment (AISSE) system installed.
    (i) The designated digital selective calling frequency (DSC) in 
Prince William Sound is 156.525MHz (VHF Channel 70).
    (ii) AISSE equipped vessels will not be required to make voice radio 
position reports at designated reporting points required by 
Sec. 161.20(b), unless otherwise directed by the VTC.
    (iii) Whenever a vessel's AISSE becomes non-operational, as defined 
in Sec. 164.43(c) of this chapter, before entering or while underway in 
the VTS area, a vessel must:
    (A) Notify the VTC;
    (B) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter;
    (C) Make other voice radio reports as required by the VTS; and
    (D) Restore the AISSE to operating condition as soon as possible.
    (iv) Whenever a vessel's AISSE becomes non-operational due to a loss 
of position correction information (i.e., the U.S. Coast Guard dGPS 
system cannot provide the required error correction messages) a vessel 
must:
    (A) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter; and
    (B) Make other voice radio reports as required by the VTS.
    (v) Whenever a vessel's AISSE becomes non-operational before getting 
underway in the VTS area, permission to get underway must be obtained 
from the VTC.


[[Page 649]]


    Note: Regulations pertaining to Automatic Identification System 
Shipborne Equipment (AISSE) required capabilities are set forth in Part 
164 of this chapter.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995; CGD 97-023, 62 FR 33365, June 19, 1997]



Sec. 165.1705  Ketchikan Harbor, Ketchikan, Alaska--safety zone.

    (a) That portion of Ketchikan Harbor, Ketchikan, Alaska enclosed by 
the following boundary lines is a Safety Zone: A line from Thomas Basin 
Entrance Light ``2'', latitude 55 deg.-20'.3 N., longitude 
131 deg.-38'.5 W., to East Channel Lighted Buoy ``4A'', latitude 
55 deg.-20'.4 N., longitude 131 deg.-38'.9 W., to Pennock Island Reef 
Lighted Buoy ``PR'', latitude 55 deg.-20'.3 N., longitude 131 deg.-40' 
W., to Wreck Lighted Buoy ``WR6'', latitude 55 deg.-20'.7 N., longitude 
131 deg.-40'.3 W., then following a line bearing 064 degrees true to 
shore. This zone is effective 24 hours per day from 1 May through 30 
September, annually. Annual notices of these regulations will be issued 
in Local Notices to Mariners.
    (b) Special Regulations:
    (1) All vessels may transit or navigate within the safety zone.
    (2) No vessels, other than a large passenger vessel over 1600 gross 
tons (including ferries), may anchor within the Safety Zone without the 
express consent of the Captain of the Port, Southeast Alaska.

[COTP SE. Alaska Reg. 85-01, 51 FR 4906, Feb. 10, 1986]



Sec. 165.1706  Gastineau Channel, Juneau, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Juneau Harbor within a 100 yard radius of the vessel or waterfront 
facility located at 58 deg. 17' 41'' N, 134 deg. 24' 22'' W used to 
conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31934, June 21, 1994]



Sec. 165.1707  Crescent Harbor, Sitka, Alaska-Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Crescent Harbor within a 100 yard radius of the vessel or waterfront 
facility located at 57 deg.02'54'' N, 135 deg.19'32'' W used to conduct 
fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 a.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31932, June 21, 1994]



Sec. 165.1708  Tongass Narrows, Ketchikan, Alaska--Safety Zone

    (a) Location. The following area is a safety zone: the waters in 
Tongass Narrows within a 100 yard radius of the barge located at 
55 deg.20'20'' N, 131 deg.39'36'' W used to conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited

[[Page 650]]

unless authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31933, June 21, 1994]



PART 166--SHIPPING SAFETY FAIRWAYS--Table of Contents




                           Subpart A--General

Sec.
166.100  Purpose.
166.103  Geographic coordinates.
166.105  Definitions.
166.110  Modification of areas.

       Subpart B--Designations of Fairways and Fairway Anchorages

166.200  Shipping safety fairways and anchorage areas, Gulf of Mexico.
166.300  Areas along the coast of California.
166.400  Areas along the coast of Alaska.
166.500  Areas along the Atlantic Coast.

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.



                           Subpart A--General



Sec. 166.100  Purpose.

    The purpose of these regulations is to establish and designate 
shipping safety fairways and fairway anchorages to provide unobstructed 
approaches for vessels using U.S. ports.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.103  Geographic coordinates.

    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 166.105  Definitions.

    (a) Shipping safety fairway or fairway means a lane or corridor in 
which no artificial island or fixed structure, whether temporary or 
permanent, will be permitted. Temporary underwater obstacles may be 
permitted under certain conditions described for specific areas in 
Subpart B. Aids to navigation approved by the U.S. Coast Guard may be 
established in a fairway.
    (b) Fairway anchorage means an anchorage area contiguous to and 
associated with a fairway, in which fixed structures may be permitted 
within certain spacing limitations, as described for specific areas in 
Subpart B.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.110  Modification of areas.

    Fairways and fairway anchorages are subject to modification in 
accordance with 33 U.S.C. 1223(c); 92 Stat. 1473.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



       Subpart B--Designations of Fairways and Fairway Anchorages



Sec. 166.200  Shipping safety fairways and anchorage areas, Gulf of Mexico.

    (a) Purpose. Fairways and anchorage areas as described in this 
section are established to control the erection of structures therein to 
provide safe approaches through oil fields in the Gulf of Mexico to 
entrances to the major ports along the Gulf Coast.
    (b) Special Conditions for Fairways in the Gulf of Mexico. Temporary 
anchors and attendant cables or chains attached to floating or 
semisubmersible drilling rigs outside a fairway may be placed within a 
fairway described in this section for the Gulf of Mexico, provide the 
following conditions are met:
    (1) Anchors installed within fairways to stablize semisubmersible 
drilling rigs shall be allowed to remain 120 days. This period may be 
extended by the Army Corps of Engineers, as provided by Sec. 209.135(b).
    (2) Drilling rigs must be outside of any fairway boundary to 
whatever distance is necessary to ensure that the minimum depth of water 
over an anchor line within a fairway is 125 feet.
    (3) No anchor buoys or floats or related rigging will be allowed on 
the surface of the water or to a depth of at least 125 feet from the 
surface, within a fairway.
    (4) Aids to Navigation or danger markings must be installed as 
required by 33 CFR Subchapter C.

[[Page 651]]

    (c) Special Conditions for Fairway Anchorages in the Gulf of Mexico. 
Structures may be placed within an area designated as a fairway 
anchorage, but the number of structures will be limited by spacing as 
follows:
    (1) The center of a structure to be erected shall not be less than 
two (2) nautical miles from the center of any existing structure.
    (2) In a drilling or production complex, associated structures 
connected by walkways shall be considered one structure for purposes of 
spacing, and shall be as close together as practicable having due 
consideration for the safety factors involved.
    (3) A vessel fixed in place by moorings and used in conjunction with 
the associated structures of a drilling or production complex, shall be 
considered an attendant vessel and the extent of the complex shall 
include the vessel and its moorings.
    (4) When a drilling or production complex extends more than five 
hundred (500) yards from the center, a new structure shall not be 
erected closer than two (2) nautical miles from the outer limit of the 
complex.
    (5) An underwater completion installation in an anchorage area shall 
be considered a structure and shall be marked with a lighted buoy 
approved by the United States Coast Guard under Sec. 66.01.
    (d) Designated Areas.

    (1) Brazos Santiago Pass Safety Fairway. The areas between rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.03'27''        .............   97 deg.08'36''                    
26 deg.02'57''        .............   97 deg.07'11''                    
26 deg.02'06''        .............   96 deg.57'24''                    
25 deg.58'54''        .............   96 deg.19'00''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.04'27''        .............   97 deg.08'36''                    
26 deg.04'58''        .............   97 deg.07'07''                    
26 deg.04'12''        .............   96 deg.59'30''                    
26 deg.04'00''        .............   96 deg.57'24''                    
26 deg.00'54''        .............   96 deg.19'00''                    
------------------------------------------------------------------------

    (2) Brazos Santiago Pass Anchorage Areas. The areas enclosed by 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.02'57''        .............   97 deg.07'11''                    
26 deg.02'06''        .............   96 deg.57'24''                    
25 deg.58'54''        .............   96 deg.57'24''                    
25 deg.58'54''        .............   97 deg.07'18''                    
26 deg.02'57''        .............   97 deg.07'11''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.04'58''        .............   97 deg.07'07''                    
26 deg.09'00''        .............   97 deg.07'00''                    
26 deg.09'00''        .............   96 deg.59'30''                    
26 deg.04'12''        .............   96 deg.59'30''                    
26 deg.04'58''        .............   97 deg.07'07''                    
------------------------------------------------------------------------

    (3) Port Mansfield Safety Fairway. The area between a rhumb line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
263339        .....................           971604                    
263343        .....................           971438                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
263404        .....................           971605                    
263440        .....................           971547                    
263443        .....................           971440                    
------------------------------------------------------------------------

    (4) Aransas Pass Safety Fairway. The area between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.49'21''        .............   97 deg.02'08''                    
27 deg.48'11''        .............   97 deg.01'06''                    
27 deg.46'26''        .............   96 deg.57'40''                    
27 deg.45'14''        .............   96 deg.55'26''                    
27 deg.44'09''        .............   96 deg.53'25''                    
27 deg.42'47''        .............   96 deg.51'39''                    
27 deg.39'24''        .............   96 deg.48'26''                    
27 deg.21'59''        .............   96 deg.11'42''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.50'15''        .............   97 deg.01'32''                    
27 deg.49'54''        .............   96 deg.59'56''                    
27 deg.45'22''        .............   96 deg.51'19''                    
27 deg.44'35''        .............   96 deg.48'31''                    
27 deg.43'49''        .............   96 deg.45'47''                    
27 deg.35'17''        .............   96 deg.27'46''                    
27 deg.33'33''        .............   96 deg.24'06''                    
27 deg.25'53''        .............   96 deg.07'56''                    
------------------------------------------------------------------------

separated by areas enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.41'10''        .............   96 deg.47'23''                    
27 deg.34'50''        .............   96 deg.34'01''                    
27 deg.34'59''        .............   96 deg.31'56''                    
27 deg.42'03''        .............   96 deg.46'51''                    
27 deg.41'10''        .............   96 deg.47'23''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

[[Page 652]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.33'06''        .............   96 deg.30'21''                    
27 deg.23'33''        .............   96 deg.10'12''                    
27 deg.24'19''        .............   96 deg.09'26''                    
27 deg.33'15''        .............   96 deg.28'16''                    
27 deg.33'06''        .............   96 deg.30'21''                    
------------------------------------------------------------------------

    (5) Aransas Pass Anchorage Areas. The areas enclosed by rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.49'54''        .............   96 deg.59'56''                    
27 deg.45'22''        .............   96 deg.51'19''                    
27 deg.51'46''        .............   96 deg.40'12''                    
27 deg.53'36''        .............   96 deg.56'30''                    
27 deg.49'54''        .............   96 deg.59'56''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.45'14''        .............   96 deg.55'26''                    
27 deg.43'00''        .............   96 deg.55'27''                    
27 deg.44'09''        .............   96 deg.53'25''                    
27 deg.45'14''        .............   96 deg.55'26''                    
------------------------------------------------------------------------

    (6) Matagorda Entrance Safety Fairway. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
282450        .....................           961938                    
282216        .....................           961740                    
281448        .....................           960942                    
281124        .....................           960606                    
281006        .....................           960442                    
273802        .....................           954939                    
------------------------------------------------------------------------

with rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
282531        .....................           961848                    
282338        .....................           961600                    
281612        .....................           960806                    
281230        .....................           960412                    
281113        .....................           960246                    
273812        .....................           954719                    
------------------------------------------------------------------------

    (7) Matagorda Entrance Anchorage Areas. The areas enclosed by rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
282216        .....................           961740                    
281448        .....................           960942                    
281242        .....................           961212                    
282012        .....................           962012                    
282216        .....................           961740                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
282338        .....................           961600                    
282536        .....................           961336                    
281812        .....................           960536                    
281612        .....................           960806                    
282338        .....................           961600                    
------------------------------------------------------------------------

    (8) Freeport Harbor Safety Fairway. The area between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.55'19''        .............   95 deg.17'46''                    
28 deg.52'58''        .............   95 deg.16'06''                    
28 deg.44'52''        .............   95 deg.07'43''                    
28 deg.43'32''        .............   95 deg.06'18''                    
28 deg.04'48''        .............   94 deg.26'12''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.55'59''        .............   95 deg.16'55''                    
28 deg.54'05''        .............   95 deg.14'10''                    
28 deg.45'58''        .............   95 deg.05'48''                    
28 deg.44'39''        .............   95 deg.04'22''                    
28 deg.07'46''        .............   94 deg.26'12''                    
------------------------------------------------------------------------

    (9) Freeport Harbor Anchorage Areas. The areas enclosed by rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.52'58''        .............   95 deg.16'06''                    
28 deg.44'52''        .............   95 deg.07'43''                    
28 deg.42'24''        .............   95 deg.12'00''                    
28 deg.51'30''        .............   95 deg.18'42''                    
28 deg.52'58''        .............   95 deg.16'06''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.54'05''        .............   95 deg.14'10''                    
28 deg.56'54''        .............   95 deg.09'18''                    
28 deg.47'42''        .............   95 deg.02'42''                    
28 deg.45'58''        .............   95 deg.05'48''                    
28 deg.54'05''        .............   95 deg.14'10''                    
------------------------------------------------------------------------

    (10) Galveston Entrance Safety Fairways. The areas between rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.44'03''        .............   94 deg.26'12''                    
28 deg.04'48''        .............   94 deg.26'12''                    
28 deg.07'46''        .............   94 deg.26'12''                    
29 deg.06'24''        .............   94 deg.26'12''                    
29 deg.07'42''        .............   94 deg.27'48''                    
29 deg.18'10''        .............   94 deg.39'16''                    
29 deg.19'39''        .............   94 deg.41'33''                    
29 deg.20'44''        .............   94 deg.40'44''                    
29 deg.19'23''        .............   94 deg.37'08''                    
29 deg.10'30''        .............   94 deg.22'54''                    
29 deg.10'17''        .............   94 deg.22'30''                    
29 deg.09'06''        .............   94 deg.20'36''                    
28 deg.17'17''        .............   92 deg.57'59''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.44'13''        .............   94 deg.23'57''                    
29 deg.06'24''        .............   94 deg.23'55''                    
29 deg.07'41''        .............   94 deg.22'23''                    
28 deg.11'57''        .............   92 deg.53'25''                    
------------------------------------------------------------------------

    (11) Galveston Entrance Anchorage Areas. The areas enclosed by rhumb 
lines joining points at:

[[Page 653]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.18'10''        .............   94 deg.39'16''                    
29 deg.08'04''        .............   94 deg.28'12''                    
29 deg.03'13''        .............   94 deg.36'48''                    
29 deg.14'48''        .............   94 deg.45'12''                    
29 deg.18'10''        .............   94 deg.39'16''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.19'23''        .............   94 deg.37'08''                    
29 deg.22'18''        .............   94 deg.32'00''                    
29 deg.14'23''        .............   94 deg.25'53''                    
29 deg.13'24''        .............   94 deg.27'33''                    
29 deg.19'23''        .............   94 deg.37'08''                    
------------------------------------------------------------------------

    (12) Sabine Pass Safety Fairway. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.38'25''        .............   93 deg.50'02''                    
29 deg.35'19''        .............   93 deg.49'10''                    
29 deg.33'00''        .............   93 deg.46'26''                    
29 deg.32'03''        .............   93 deg.46'44''                    
29 deg.30'39''        .............   93 deg.43'41''                    
29 deg.28'30''        .............   93 deg.41'09''                    
29 deg.07'28''        .............   93 deg.41'08''                    
28 deg.17'17''        .............   92 deg.57'59''                    
28 deg.11'57''        .............   92 deg.53'25''                    
27 deg.51'58''        .............   92 deg.36'20''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.38'48''        .............   93 deg.48'59''                    
29 deg.37'32''        .............   93 deg.48'02''                    
29 deg.36'28''        .............   93 deg.47'14''                    
29 deg.32'52''        .............   93 deg.43'00''                    
29 deg.31'13''        .............   93 deg.41'04''                    
29 deg.29'20''        .............   93 deg.38'51''                    
29 deg.08'08''        .............   93 deg.38'52''                    
28 deg.39'02''        .............   93 deg.13'39''                    
28 deg.36'15''        .............   93 deg.11'15''                    
27 deg.52'09''        .............   92 deg.33'40''                    
------------------------------------------------------------------------

    (13) Sabine Pass Anchorage Areas--(i) Sabine Pass Inshore Anchorage 
Area. The area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
293732" N..........................               934802" W.            
293732" N..........................               932125" W.            
293252" N..........................               934300" W.            
293628" N..........................               934714" W.            
------------------------------------------------------------------------

    (ii) Sabine Bank Offshore (North) Anchorage Area. The area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
292606" N..........................               934300" W.            
292606" N..........................               934108" W.            
292406" N..........................               934108" W.            
292406" N..........................               934300" W.            
------------------------------------------------------------------------

    (iii) Sabine Bank Offshore (South) Anchorage Area. The area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
291655" N..........................               934300" W.            
291655" N..........................               934108" W.            
291429" N..........................               934108" W.            
291429" N..........................               934300" W.            
------------------------------------------------------------------------

    (14) Coastwise Safety Fairways. (i) Brazos Santiago Pass to Aransas 
Pass. The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.04'12''        .............   96 deg.59'30''                    
26 deg.09'00''        .............   96 deg.59'30''                    
27 deg.46'26''        .............   96 deg.57'40''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
25 deg.58'54''        .............   96 deg.57'24''                    
26 deg.02'06''        .............   96 deg.57'24''                    
26 deg.04'00''        .............   96 deg.57'24''                    
27 deg.40'36''        .............   96 deg.55'30''                    
27 deg.43'00''        .............   96 deg.55'27''                    
27 deg.45'14''        .............   96 deg.55'26''                    
------------------------------------------------------------------------

    (ii) Aransas Pass to Calcasieu Pass. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
274300        .....................          4965527                    
274409        .....................           965325                    
274522        .....................           965119                    
275146        .....................           964012                    
281124        .....................           960606                    
281230        .....................           960412                    
284224        .....................           951200                    
284452        .....................           950743                    
284558        .....................           950548                    
284742        .....................           950242                    
290742        .....................           942748                    
291017        .....................           942230                    
292930        .....................           935824                    
293203        .....................           934644                    
293300        .....................           934626                    
293252        .....................           934300                    
293732        .....................           932125                    
------------------------------------------------------------------------

with rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
274036        .....................           965530                    
274247        .....................           965139                    
274435        .....................           964831                    
281006        .....................           960442                    
281113        .....................           960246                    
284332        .....................           950618                    
284439        .....................           950422                    
290624        .....................           942612                    
290624        .....................           942355                    
290741        .....................           942223                    
290906        .....................           942036                    
292740        .....................           935718                    
293039        .....................           934341                    
293113        .....................           934104                    
293356        .....................           932835                    
293257        .....................           931700                    
------------------------------------------------------------------------

    (15) Calcasieu Pass Safety Fairway. The areas between rhumb lines 
joining points at:

[[Page 654]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.45'00''        .............   93 deg.20'58''                    
29 deg.40'56''        .............   93 deg.20'18''                    
29 deg.38'18''        .............   93 deg.20'42''                    
29 deg.37'32''        .............   93 deg.21'25''                    
29 deg.32'57''        .............   93 deg.17'00''                    
29 deg.31'08''        .............   93 deg.14'38''                    
28 deg.39'02''        .............   93 deg.13'39''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.45'05''        .............   93 deg.20'03''                    
29 deg.41'12''        .............   93 deg.19'37''                    
29 deg.37'30''        .............   93 deg.18'15''                    
29 deg.31'16''        .............   93 deg.12'16''                    
28 deg.36'15''        .............   93 deg.11'15''                    
------------------------------------------------------------------------

    (16) Calcasieu Pass Anchorage Areas--(i) Calcasieu Pass North 
Anchorage Area. The area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
294112" N..........................               931937" W.            
294112" N..........................               931228" W.            
293116" N..........................               931216" W.            
293730" N..........................               931815" W.            
------------------------------------------------------------------------

    (ii) Calcasieu Pass South Anchorage Area. The area enclosed by rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
285930" N..........................               931630" W.            
285930" N..........................               931400" W.            
285600" N..........................               931400" W.            
285600" N..........................               931630" W.            
------------------------------------------------------------------------

    (17) Lower Mud Lake Safety Fairway. The area enclosed by rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
294324" N..........................               930018" W.            
294200" N..........................               930018" W.            
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
294333" ..................               930048" W.            
294200" ..................               930048" W.            
------------------------------------------------------------------------

    (18) Freshwater Bayou Safety Fairway. The area between lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.31'59''        .............   92 deg.18'45''                    
29 deg.31'10''        .............   92 deg.18'54''                    
29 deg.31'13''        .............   92 deg.19'14''                    
29 deg.27'44''        .............   92 deg.19'53''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.27'34''        .............   92 deg.18'45''                    
29 deg.31'03''        .............   92 deg.18'06''                    
29 deg.31'06''        .............   92 deg.18'26''                    
29 deg.31'55''        .............   92 deg.18'17''                    
------------------------------------------------------------------------

    (19) Southwest Pass Safety Fairway. The area between lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.34'48''        .............   92 deg.03'12''                    
29 deg.30'48''        .............   92 deg.07'00''                    
29 deg.23'30''        .............   92 deg.08'24''                    
------------------------------------------------------------------------

and lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.34'24''        .............   92 deg.02'24''                    
29 deg.30'24''        .............   92 deg.06'12''                    
29 deg.23'24''        .............   92 deg.07'30''                    
------------------------------------------------------------------------

    (20) Atchafalaya Pass Safety Fairway. The area between a line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.22'36''        .............   91 deg.23'28''                    
29 deg.14'42''        .............   91 deg.30'28''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.14'05''        .............   91 deg.29'34''                    
29 deg.21'59''        .............   91 deg.22'34''                    
------------------------------------------------------------------------

    (21) Bayou Grand Caillou Safety Fairway. The area between a line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.10'59''        .............   90 deg.57'26''                    
29 deg.05'24''        .............   90 deg.58'10''                    
29 deg.01'08''        .............   91 deg.00'44''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.00'40''        .............   90 deg.59'43''                    
29 deg.05'06''        .............   90 deg.57'03''                    
29 deg.09'46''        .............   90 deg.56'27''                    
------------------------------------------------------------------------

    (22) Cat Island Pass Safety Fairway. The area between lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.05'57''        .............   90 deg.34'32''                    
29 deg.04'56''        .............   90 deg.35'09''                    
29 deg.03'14''        .............   90 deg.35'10''                    
29 deg.03'14''        .............   90 deg.35'17''                    
29 deg.01'24''        .............   90 deg.34'55''                    
------------------------------------------------------------------------

and lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.06'00''        .............   90 deg.34'21''                    
29 deg.05'31''        .............   90 deg.34'12''                    

[[Page 655]]

                                                                        
29 deg.03'13''        .............   90 deg.34'13''                    
29 deg.03'13''        .............   90 deg.34'07''                    
29 deg.01'34''        .............   90 deg.33'47''                    
------------------------------------------------------------------------

    (23) Belle Pass Safety Fairway. The area between a line joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.05'06''        .............   90 deg.14'07''                    
29 deg.02'50''        .............   90 deg.14'46''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.02'56''        .............   90 deg.13'48''                    
29 deg.05'06''        .............   90 deg.13'10''                    
------------------------------------------------------------------------

    (24) Barataria Pass Safety Fairway. The area between a line joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.16'00''        .............   89 deg.57'00''                    
29 deg.14'54''        .............   89 deg.55'48''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.16'30''        .............   89 deg.56'06''                    
29 deg.15'18''        .............   89 deg.55'00''                    
------------------------------------------------------------------------

    (25) Grand Bayou Pass Safety Fairway. The areas between a line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.17'36''        .............   89 deg.41'36''                    
29 deg.16'48''        .............   89 deg.42'12''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.17'18''        .............   89 deg.40'36''                    
29 deg.16'18''        .............   89 deg.41'18''                    
------------------------------------------------------------------------

    (26) Empire to the Gulf Safety Fairway. The area between a line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.15'22''        .............   89 deg.36'55''                    
29 deg.13'52''        .............   89 deg.37'15''                    
------------------------------------------------------------------------

and a line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.13'24''        .............   89 deg.36'11''                    
29 deg.14'54''        .............   89 deg.35'51''                    
------------------------------------------------------------------------

    (27) Gulf Safety Fairway. Aransas Pass Safety Fairway to Southwest 
Pass Safety Fairway. The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.33'06''        .............   96 deg.30'21''                    
27 deg.33'15''        .............   96 deg.28'16''                    
27 deg.33'33''        .............   96 deg.24'06''                    
28 deg.00'36''        .............   90 deg.08'18''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.34'50''        .............   96 deg.34'01''                    
27 deg.34'59''        .............   96 deg.31'56''                    
27 deg.35'17''        .............   96 deg.27'46''                    
27 deg.38'02''        .............   95 deg.49'39''                    
27 deg.38'12''        .............   95 deg.47'19''                    
27 deg.44'03''        .............   94 deg.26'12''                    
27 deg.44'13''        .............   94 deg.23'57''                    
27 deg.51'58''        .............   92 deg.36'20''                    
27 deg.52'09''        .............   92 deg.33'40''                    
28 deg.02'32''        .............   90 deg.09'28''                    
------------------------------------------------------------------------

    (28) Southwest Pass (Mississippi River) Safety Fairway--(i) 
Southwest Pass (Mississippi River) to Gulf Safety Fairway. The area 
enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
285433" N..........................               892607" W.            
285242" N..........................               892706" W.            
285000" N..........................               892706" W.            
280232" N..........................               900928" W.            
------------------------------------------------------------------------

and rhumb lines joining points at:

                                                                        
                                                                        
                                                                        
285418" N........................           892546" W.                  
285330" N........................           892518" W.                  
285330" N........................           892348" W.                  
285040" N........................           892448" W.                  
284848" N........................           892448" W.                  
284724" N........................           892630" W.                  
280036" N........................           900818" W.                  
------------------------------------------------------------------------

    (ii) Southwest Pass (Mississippi River) to Sea Safety Fairway. The 
area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
285433" N..........................               892607" W.            
285242" N..........................               892706" W.            
285000" N..........................               892706" W.            
284724" N..........................               892630" W.            
283628" N..........................               891845" W.            
------------------------------------------------------------------------

and rhumb lines joining points at:

                                                                        
                                                                        
                                                                        
285418" N........................           892546" W.                  
285330" N........................           892518" W.                  
285330" N........................           892348" W.                  
285040" N........................           892448" W.                  
284848" N........................           892448" W.                  
284506" N........................           892212" W.                  
284327" N........................           892101" W.                  
283754" N........................           891706" W.                  
------------------------------------------------------------------------

    (iii) Southwest Pass (Mississippi River) to South Pass (Mississippi 
River) Safety Fairway. The areas between rhumb line joining points at:

[[Page 656]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.45'06''        .............   89 deg.22'12''                    
28 deg.55'56''        .............   89 deg.03'09''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.43'27''        .............   89 deg.21'01''                    
28 deg.54'55''        .............   89 deg.00'44''                    
------------------------------------------------------------------------

    (29) Southwest Pass (Mississippi River) Anchorage. The area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
285330" N..........................               892348" W.            
285330" N..........................               892148" W.            
285506" N..........................               892148" W.            
285506" N..........................               891918" W.            
285241" N..........................               891730" W.            
285040" N..........................               892114" W.            
285040" N..........................               892448" W.            
------------------------------------------------------------------------

    (30) South Pass (Mississippi River) Safety Fairway. (i) South Pass 
to Sea Safety Fairway. The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.59'18''        .............   89 deg.08'30''                    
28 deg.58'42''        .............   89 deg.07'30''                    
28 deg.58'09''        .............   89 deg.08'30''                    
28 deg.55'56''        .............   89 deg.03'09''                    
28 deg.54'55''        .............   89 deg.00'44''                    
28 deg.54'15''        .............   88 deg.59'00''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
          East jetty light                                              
------------------------------------------------------------------------
28 deg.59'24''        .............   89 deg.08'12''                    
29 deg.00'09''        .............   89 deg.07'24''                    
29 deg.00'00''        .............   89 deg.07'00''                    
28 deg.57'56''        .............   89 deg.02'18''                    
28 deg.57'18''        .............   89 deg.00'48''                    
28 deg.56'16''        .............   88 deg.58'29''                    
28 deg.55'42''        .............   88 deg.57'06''                    
------------------------------------------------------------------------

    (ii) South Pass (Mississippi River) to Mississippi River-Gulf Outlet 
Channel Safety Fairway. The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.57'18''        .............   89 deg.00'48''                    
29 deg.04'18''        .............   88 deg.48'31''                    
29 deg.24'35''        .............   88 deg.57'17''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.56'16''        .............   88 deg.58'29''                    
29 deg.03'30''        .............   88 deg.45'42''                    
29 deg.23'06''        .............   88 deg.54'11''                    
29 deg.26'28''        .............   88 deg.55'39''                    
------------------------------------------------------------------------

    (31) South Pass (Mississippi River) Anchorage. The areas within 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.00'00''        .............   89 deg.07'00''                    
29 deg.03'36''        .............   89 deg.02'18''                    
28 deg.57'56''        .............   89 deg.02'18''                    
------------------------------------------------------------------------

    (32) Mississippi River-Gulf Outlet Safety Fairway. (i) The areas 
between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.42'10''        .............   89 deg.25'49''                    
29 deg.29'33''        .............   89 deg.07'47''                    
29 deg.27'14''        .............   89 deg.03'20''                    
29 deg.24'38''        .............   89 deg.00'00''                    
29 deg.24'35''        .............   88 deg.57'17''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.42'29''        .............   89 deg.25'31''                    
29 deg.29'53''        .............   89 deg.07'31''                    
29 deg.27'01''        .............   89 deg.01'54''                    
29 deg.26'38''        .............   88 deg.58'43''                    
------------------------------------------------------------------------

    (ii) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel 
Safety Fairway. The areas within rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.26'38''        .............   88 deg.58'43''                    
29 deg.29'57''        .............   88 deg.54'48''                    
29 deg.38'59''        .............   88 deg.44'04''                    
29 deg.56'43''        .............   88 deg.20'50''                    
29 deg.58'03''        .............   88 deg.19'05''                    
30 deg.05'29''        .............   88 deg.09'19''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.26'28''        .............   88 deg.55'39''                    
29 deg.27'54''        .............   88 deg.53'54''                    
29 deg.37'32''        .............   88 deg.42'28''                    
29 deg.55'14''        .............   88 deg.19'15''                    
29 deg.56'34''        .............   88 deg.17'30''                    
30 deg.03'50''        .............   88 deg.08'01''                    
30 deg.05'15''        .............   88 deg.06'05''                    
------------------------------------------------------------------------

    (33) Mississippi River-Gulf Outlet Anchorage. (i) The areas within 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.27'01''        .............   89 deg.01'54''                    
29 deg.32'12''        .............   88 deg.55'42''                    
29 deg.29'57''        .............   88 deg.54'48''                    
29 deg.26'38''        .............   88 deg.58'43''                    
------------------------------------------------------------------------

    (ii) The areas within rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.26'28''        .............   88 deg.55'39''                    

[[Page 657]]

                                                                        
29 deg.27'54''        .............   88 deg.53'54''                    
29 deg.24'33''        .............   88 deg.52'27''                    
29 deg.23'06''        .............   88 deg.54'11''                    
------------------------------------------------------------------------

    (34) Gulfport Safety Fairway. The areas between rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.20'54''        .............   89 deg.05'36''                    
30 deg.13'56''        .............   88 deg.59'42''                    
30 deg.11'09''        .............   88 deg.59'56''                    
30 deg.06'45''        .............   88 deg.56'24''                    
30 deg.05'42''        .............   88 deg.56'24''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.21'27''        .............   89 deg.04'38''                    
30 deg.14'11''        .............   88 deg.58'29''                    
30 deg.11'29''        .............   88 deg.58'45''                    
30 deg.07'42''        .............   88 deg.55'37''                    
------------------------------------------------------------------------

    (35) Biloxi Safety Fairway. The area between lines joining points 
at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.24'06''        .............   88 deg.50'57''                    
30 deg.23'15''        .............   88 deg.50'22''                    
30 deg.21'11''        .............   88 deg.47'36''                    
30 deg.20'13''        .............   88 deg.47'04''                    
30 deg.15'06''        .............   88 deg.47'06''                    
30 deg.13'09''        .............   88 deg.47'46''                    
30 deg.12'23''        .............   88 deg.49'02''                    
------------------------------------------------------------------------

and lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.24'27''        .............   88 deg.50'31''                    
30 deg.23'57''        .............   88 deg.49'31''                    
30 deg.21'42''        .............   88 deg.46'36''                    
30 deg.20'25''        .............   88 deg.45'55''                    
30 deg.14'57''        .............   88 deg.45'57''                    
30 deg.12'56''        .............   88 deg.46'39''                    
30 deg.12'00''        .............   88 deg.45'25''                    
------------------------------------------------------------------------

    (36) Ship Island Pass to Horn Island Pass Safety Fairway. The areas 
between rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.05'42''        .............   88 deg.56'24''                    
30 deg.06'38''        .............   88 deg.31'26''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.07'42''        .............   88 deg.55'37''                    
30 deg.08'27''        .............   88 deg.36'57''                    
------------------------------------------------------------------------

    (37) Pascagoula Safety Fairway. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.20'46''        .............   88 deg.34'39''                    
30 deg.20'21''        .............   88 deg.34'39''                    
30 deg.17'00''        .............   88 deg.31'21''                    
30 deg.12'59''        .............   88 deg.30'53''                    
30 deg.11'50''        .............   88 deg.32'05''                    
30 deg.08'27''        .............   88 deg.36'57''                    
30 deg.06'38''        .............   88 deg.31'26''                    
29 deg.56'43''        .............   88 deg.20'50''                    
29 deg.55'14''        .............   88 deg.19'15''                    
29 deg.20'00''        .............   87 deg.41'47''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.20'30''        .............   88 deg.33'18''                    
30 deg.18'39''        .............   88 deg.31'25''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.20'26''        .............   88 deg.31'25''                    
30 deg.18'39''        .............   88 deg.31'25''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.19'21''        .............   88 deg.30'12''                    
30 deg.17'25''        .............   88 deg.30'12''                    
30 deg.12'46''        .............   88 deg.29'42''                    
30 deg.11'21''        .............   88 deg.31'00''                    
30 deg.09'33''        .............   88 deg.29'48''                    
30 deg.07'30''        .............   88 deg.29'09''                    
29 deg.58'03''        .............   88 deg.19'05''                    
29 deg.56'34''        .............   88 deg.17'30''                    
29 deg.20'48''        .............   87 deg.39'31''                    
------------------------------------------------------------------------

    (38) Horn Island Pass to Mobile Ship Channel Safety Fairway. The 
areas between rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.09'33''        .............   88 deg.29'48''                    
30 deg.07'15''        .............   88 deg.06'54''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.07'30''        .............   88 deg.29'09''                    
30 deg.05'29''        .............   88 deg.09'19''                    
------------------------------------------------------------------------

    (39) Mobile Safety Fairway--(i) Moble Ship Channel Safety Fairway. 
The areas between rhumb lines joining points at:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
303846" N..............................  880324" W                      
303814" N..............................  880242" W                      
303159" N..............................  880200" W                      
303159" N..............................  880459" W                      
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
303100" N..............................  880530" W                      
303100" N..............................  880154" W                      
302655" N..............................  880126" W                      

[[Page 658]]

                                                                        
301635" N..............................  880245" W                      
301409" N..............................  880324" W                      
301036" N..............................  880353" W                      
300810" N..............................  880440" W                      
300715" N..............................  880654" W                      
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
303955" N..............................  880115" W                      
303706" N..............................  880123" W                      
302611" N..............................  880011" W                      
301618" N..............................  880135" W                      
301352" N..............................  880112" W                      
301314" N..............................  880112" W                      
301036" N..............................  880135" W                      
300804" N..............................  880036" W                      
------------------------------------------------------------------------

    (ii) Mobile Ship Channel to Sea Safety Fairway. The areas between 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.05'15''        .............   88 deg.01'13''                    
30 deg.03'50''        .............   88 deg.00'00''                    
29 deg.25'46''        .............   87 deg.29'13''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.06'17''        .............   87 deg.59'15''                    
29 deg.27'00''        .............   87 deg.27'18''                    
------------------------------------------------------------------------

    (iii) Mobile to Pensacola Safety Fairway. The areas between rhumb 
line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.08'04''        .............   88 deg.00'36''                    
30 deg.14'20''        .............   87 deg.19'05''                    
------------------------------------------------------------------------

and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.06'17''        .............   87 deg.59'15''                    
30 deg.12'31''        .............   87 deg.18'00''                    
------------------------------------------------------------------------

    (40) Mobile Anchorage. The areas within rhumb lines joining points 
at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.05'15''        .............   88 deg.06'05''                    
30 deg.05'15''        .............   88 deg.01'13''                    
30 deg.03'50''        .............   88 deg.00'00''                    
30 deg.03'50''        .............   88 deg.08'01''                    
------------------------------------------------------------------------

    (41) Pensacola Safety Fairway. The areas between rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.23'41''        .............   87 deg.14'34''                    
30 deg.23'06''        .............   87 deg.13'53''                    
30 deg.22'54''        .............   87 deg.13'53''                    
30 deg.20'47''        .............   87 deg.15'45''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.18'43''        .............   87 deg.19'24''                    
30 deg.15'57''        .............   87 deg.18'19''                    
30 deg.14'20''        .............   87 deg.19'05''                    
30 deg.12'31''        .............   87 deg.18'00''                    
30 deg.10'03''        .............   87 deg.18'00''                    
29 deg.37'00''        .............   87 deg.18'00''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.26'27''        .............   87 deg.08'28''                    
30 deg.25'35''        .............   87 deg.10'30''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.24'36''        .............   87 deg.07'07''                    
30 deg.22'57''        .............   87 deg.09'38''                    
30 deg.22'36''        .............   87 deg.11'50''                    
30 deg.19'21''        .............   87 deg.14'46''                    
30 deg.19'52''        .............   87 deg.17'31''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.19'15''        .............   87 deg.17'37''                    
30 deg.16'28''        .............   87 deg.16'32''                    
30 deg.14'32''        .............   87 deg.16'06''                    
30 deg.12'33''        .............   87 deg.15'43''                    
29 deg.42'30''        .............   87 deg.15'43''                    
------------------------------------------------------------------------

    (42) Pensacola Anchorage. (i) The area within rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.11'49''        .............   87 deg.22'41''                    
30 deg.12'31''        .............   87 deg.18'00''                    
30 deg.10'03''        .............   87 deg.18'00''                    
30 deg.09'21''        .............   87 deg.22'41''                    
------------------------------------------------------------------------

    (ii) The area within rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.16'28''        .............   87 deg.16'32''                    
30 deg.17'14''        .............   87 deg.11'52''                    
30 deg.15'14''        .............   87 deg.11'52''                    
30 deg.14'32''        .............   87 deg.16'06''                    
------------------------------------------------------------------------

    (43) Pensacola to Panama City Safety Fairway. The area between rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.14'32''        .............   87 deg.16'06''                    
30 deg.15'14''        .............   87 deg.11'52''                    
30 deg.18'45''        .............   86 deg.50'00''                    
30 deg.18'00''        .............   86 deg.20'00''                    
29 deg.51'30''        .............   85 deg.47'33''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

[[Page 659]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
30 deg.12'33''        .............   87 deg.15'43''                    
30 deg.16'44''        .............   86 deg.49'49''                    
30 deg.16'01''        .............   86 deg.20'57''                    
29 deg.48'45''        .............   85 deg.47'33''                    
------------------------------------------------------------------------

    (44) Panama City Safety Fairways. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
300924        .....................           854012                    
300921        .....................           854140                    
300736        .....................           854420                    
300632        .....................           854733                    
295130        .....................           854733                    
294845        .....................           854733                    
290330        .....................           854733                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
300834        .....................           854016                    
300755        .....................           854150                    
300649        .....................           854328                    
300440        .....................           854515                    
295527        .....................           854515                    
295120        .....................           854515                    
294919        .....................           854515                    
290000        .....................           854515                    
------------------------------------------------------------------------

    (45) Panama City Anchorage. The area within rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.55'27''        .............   85 deg.45'15''                    
29 deg.55'27''        .............   85 deg.42'25''                    
29 deg.51'39''        .............   85 deg.42'25''                    
29 deg.51'20''        .............   85 deg.45'15''                    
------------------------------------------------------------------------

    (46) Port St. Joe Fairway to Panama City Fairway. The area between 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.49'54''        .............   85 deg.19'24''                    
29 deg.50'59''        .............   85 deg.22'25''                    
29 deg.53'32''        .............   85 deg.22'25''                    
29 deg.54'12''        .............   85 deg.24'00''                    
29 deg.54'12''        .............   85 deg.25'55''                    
29 deg.52'58''        .............   85 deg.28'43''                    
29 deg.53'00''        .............   85 deg.29'48''                    
29 deg.51'39''        .............   85 deg.42'25''                    
29 deg.51'20''        .............   85 deg.45'15''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.48'22''        .............   85 deg.18'12''                    
29 deg.47'21''        .............   85 deg.21'00''                    
29 deg.50'42''        .............   85 deg.23'31''                    
29 deg.52'51''        .............   85 deg.23'36''                    
29 deg.53'10''        .............   85 deg.24'18''                    
29 deg.53'10''        .............   85 deg.25'33''                    
29 deg.51'57''        .............   85 deg.28'19''                    
29 deg.51'04''        .............   85 deg.29'00''                    
29 deg.50'40''        .............   85 deg.32'39''                    
29 deg.49'19''        .............   85 deg.45'15''                    
------------------------------------------------------------------------

    (47) Port St. Joe Anchorage. The area within rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
29 deg.50'40''        .............   85 deg.32'39''                    
29 deg.51'04''        .............   85 deg.29'00''                    
29 deg.49'18''        .............   85 deg.30'18''                    
------------------------------------------------------------------------

    (48) Tampa Safety Fairways. The area between rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.37'48''        .............   82 deg.45'54''                    
27 deg.36'48''        .............   82 deg.55'54''                    
27 deg.36'48''        .............   83 deg.00'00''                    
27 deg.36'48''        .............   84 deg.39'10''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
27 deg.35'54''        .............   82 deg.45'42''                    
27 deg.34'48''        .............   82 deg.55'54''                    
27 deg.34'48''        .............   83 deg.00'00''                    
27 deg.34'48''        .............   84 deg.39'00''                    
------------------------------------------------------------------------

    (49) Tampa Anchorages--(i) Eastern Tampa Fairway Anchorage. The area 
enclosed by rhumb lines [North American Datum of 1927 (NAD-27)] joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
273648" N.,........................              830000" W.,            
273900" N.,........................              830000" W.,            
273900" N.,........................              825554" W.,            
273648" N.,........................               825554" W.            
------------------------------------------------------------------------

    (ii) Western Tampa Fairway Anchorage. The area enclosed by rhumb 
lines [North American Datum of 1927 (NAD-27)] joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
273648" N.,........................              830506" W.,            
273900" N.,........................              830506" W.,            
273900" N.,........................              830100" W.,            
273648" N.,........................               830100" W.            
------------------------------------------------------------------------

    (50) Charlotte Safety Fairways. The area between rhumb lines joining 
points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.41'18''        .............   82 deg.19'00''                    
25 deg.30'00''        .............   84 deg.22'00''                    
------------------------------------------------------------------------

and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.40'19''        .............   82 deg.18'28''                    
26 deg.38'30''        .............   82 deg.19'54''                    
26 deg.39'00''        .............   82 deg.19'00''                    
25 deg.28'00''        .............   84 deg.21'30''                    
------------------------------------------------------------------------

    (51) Charlotte Anchorage. The area within rhumb lines joining points 
at:

[[Page 660]]



------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
26 deg.39'00''        .............   82 deg.19'00''                    
26 deg.38'12''        .............   82 deg.18'24''                    
26 deg.37'36''        .............   82 deg.19'18''                    
26 deg.38'30''        .............   82 deg.19'54''                    
------------------------------------------------------------------------

    (52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to 
Safety Zone. (i) North of Gulf Safety Fairway. The two mile wide area 
enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.48'36''        .............   89 deg.55'00''                    
28 deg.48'14''        .............   89 deg.54'17''                    
28 deg.45'47''        .............   89 deg.54'19''                    
28 deg.36'06''        .............   89 deg.55'44''                    
28 deg.18'30''        .............   89 deg.55'15''                    
28 deg.20'58''        .............   89 deg.53'03''                    
28 deg.36'09''        .............   89 deg.53'28''                    
28 deg.49'07''        .............   89 deg.51'30''                    
28 deg.50'20''        .............   89 deg.53'51''                    
------------------------------------------------------------------------

    (ii) South of Gulf Safety Fairway. The two mile wide area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
28 deg.15'20''        .............   89 deg.55'10''                    
27 deg.46'29''        .............   89 deg.54'23''                    
27 deg.46'32''        .............   89 deg.52'08''                    
28 deg.17'48''        .............   89 deg.52'58''                    
------------------------------------------------------------------------

    (53) Heald Bank Cutoff Safety Fairway. The area enclosed by rhumb 
lines, [North American Datum of 1927 (NAD-27)], joining points at:

------------------------------------------------------------------------
                 Latitude                             Longitude         
------------------------------------------------------------------------
285715 N..................................  942355 W                    
285130 N..................................  935630 W                    
284830 N..................................  935145 W                    
285515 N..................................  942355 W                    
------------------------------------------------------------------------


[CGD 81-040, 47 FR 20581, May 13, 1982]

    Editorial Note: For Federal Register citations affecting 
Sec. 166.200, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 166.300  Areas along the coast of California.

    (a) Purpose. Fairways as described in this section are established 
to control the erection of structures therein to provide safe vessel 
routes along the coast of California.
    (b) Designated Areas--(1) Port Hueneme Safety Fairway. An area one 
nautical mile in width centered on the alinement of Port Hueneme 
Entrance Channel and extending seaward from the 30-foot-depth curve for 
a distance of 1.5 nautical miles, thence turning southerly and widening 
to 1.5 nautical miles at the 3-mile limit, all between lines joining the 
following points:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
340630" N        ..................       1191500" W                    
340737" N        ..................       1191425" W                    
340849" N        ..................       1191321" W                    
------------------------------------------------------------------------

thence generally along the 30-foot-depth curve to the seaward end of the 
west entrance jetty; seaward end of the east entrance jetty, thence 
generally along the 30-foot-depth curve to:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
340821" N        ..................       1191215" W                    
340710" N        ..................       1191320" W                    
340548" N        ..................       1191323" W                    
------------------------------------------------------------------------

    (2) [Reserved]

[CGD 82-101, 48 FR 49019, Oct. 24, 1983]



Sec. 166.400  Areas along the coast of Alaska.

    (a) Purpose. Fairways, as described in this section, are established 
to control the erection of structures therein to provide safe vessel 
routes along the coast of Alaska.
    (b) Designated Areas.
    (1) Prince William Sound Safety Fairway. (i) Hinchinbrook Entrance 
Safety Fairway. The area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
59 deg.5900" N        .............  145 deg.2724" W                    
60 deg.1318" N        .............  146 deg.3806" W                    
60 deg.1124" N        .............  146 deg.4700" W                    
59 deg.5500" N        .............  145 deg.4200" W                    
------------------------------------------------------------------------

    (ii) Gulf to Hinchinbrook Safety Fairway (recommended for inbound 
vessel traffic). The area enclosed by rhumb lines joining points at:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
59 deg.1542" N        .............  144 deg.0207" W                    
59 deg.5900" N        .............  145 deg.2724" W                    
59 deg.5800" N        .............  145 deg.3212" W                    
59 deg.1418" N        .............  144 deg.0453" W                    
------------------------------------------------------------------------

    (iii) Hinchinbrook to Gulf Safety Fairway (recommended for outbound 
vessel traffic). The area enclosed by rhumb lines joining points at:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
59 deg.1541" N        .............  144 deg.2335" W                    
59 deg.5600" N        .............  145 deg.3739" W                    

[[Page 661]]

                                                                        
59 deg.5500" N        .............  145 deg.4200" W                    
59 deg.1419" N        .............  144 deg.2625" W                    
------------------------------------------------------------------------

    (2) Unimak Pass Safety Fairway. (i) East/West Safety Fairway. The 
area enclosed by rhumb lines joining points at:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
54 deg.2558" N        .............  165 deg.4224" W                    
54 deg.2250" N        .............  165 deg.0654" W                    
54 deg.2210" N        .............  164 deg.5929" W                    
54 deg.0758" N        .............  162 deg.1925" W                    
54 deg.0402" N        .............  162 deg.2035" W                    
54 deg.2202" N        .............  165 deg.4336" W                    
------------------------------------------------------------------------

    (ii) North/South Safety Fairway. The area enclosed by rhumb lines 
joining points at:


------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
54 deg.4228" N        .............  165 deg.1619" W                    
54 deg.4332" N        .............  165 deg.0941" W                    
54 deg.2250" N        .............  165 deg.0654" W                    
54 deg.2210" N        .............  164 deg.5929" W                    
------------------------------------------------------------------------

[CGD 81-103, 51 FR 43349, Dec. 2, 1986]



Sec. 166.500  Areas along the Atlantic Coast.

    (a) Purpose. Fairways, as described in this section are established 
to control the erection of structures therein to provide safe vessel 
routes along the Atlantic Coast.
    (b) Designated Areas.
    (1) Off New York Shipping Safety Fairway. (i) Ambrose to Nantucket 
Safety Fairway. The area enclosed by rhumb lines, [North American Datum 
of 1927 (NAD-27)] joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
403220" N        ..................        730457" W                    
403058" N        ..................        725825" W                    
403407" N        ..................        701923" W                    
403537" N        ..................        701409" W                    
403037" N        ..................        701400" W                    
403207" N        ..................        701919" W                    
402858" N        ..................        725825" W                    
402720" N        ..................        730457" W                    
------------------------------------------------------------------------

    (ii) Nantucket to Ambrose Safety Fairway. The area enclosed by rhumb 
lines, NAD-27, joining point at:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
285433" N        ..................        892607" W                    
402420" N        ..................        730458" W                    
402258" N        ..................        725826" W                    
402607" N        ..................        701909" W                    
402737" N        ..................        701346" W                    
402237" N        ..................        701336" W                    
402407" N        ..................        701905" W                    
402058" N        ..................        725826" W                    
401920" N        ..................        730458" W                    
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987; 52 FR 36248, Sept. 28, 1987]



PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES--Table of Contents




                           Subpart A--General

Sec.
167.1  Purpose.
167.3  Geographic coordinates.
167.5  Definitions.
167.10  Operating rules.
167.15  Modification of schemes.

 Subpart B--Description of Traffic Separation Schemes and Precautionary 
                                  Areas

                           Atlantic East Coast

167.150  Off New York Traffic Separation Scheme and Precautionary Areas.
167.151  Precautionary areas.
167.152  Eastern approach, off Nantucket.
167.153  Eastern approach, off Ambrose Light.
167.154  South-eastern approach.
167.155  Southern approach.
167.200  Chesapeake Bay approach traffic separation scheme.
167.201  Precautionary Area.
167.202  Eastern approach.
167.203  Southern approach.

                           Atlantic Gulf Coast

167.350  Galveston Bay approach traffic separation scheme and 
          precautionary areas.

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.

    Source: CGD 81-080, 48 FR 36456, Aug. 11, 1983, unless otherwise 
noted.



                           Subpart A--General



Sec. 167.1  Purpose.

    The purpose of the regulations in this part is to establish and 
designate traffic separation schemes and precautionary areas to provide 
access routes for vessels proceeding to and from U.S. ports.



Sec. 167.3  Geographic coordinates.

    Geographic coordinates are defined using North American 1927 Datum 
(NAD 27) unless indicated otherwise.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994]

[[Page 662]]



Sec. 167.5  Definitions.

    (a) Traffic separation scheme (TSS) means a designated routing 
measure which is aimed at the separation of opposing streams of traffic 
by appropriate means and by the establishment of traffic lanes.
    (b) Traffic lane means an area within defined limits in which one-
way traffic is established. Natural obstacles, including those forming 
separation zones, may constitute a boundary.
    (c) Separation zone or line means a zone or line separating the 
traffic lanes in which ships are proceeding in opposite or nearly 
opposite directions; or separating a traffic lane from the adjacent sea 
area; or separating traffic lanes designated for particular classes of 
ships proceeding in the same direction.
    (d) Precautionary area means a routing measure comprising an area 
within defined limits where ships must navigate with particular caution 
and within which the direction of traffic flow may be recommended.
    (e) Deep-water route means an internationally recognized routing 
measure primarily intended for use by ships that, because of their draft 
in relation to the available depth of water in the area concerned, 
require the use of such a route.

[CGD 81-080, 48 FR 36456, Aug. 11, 1983; 49 FR 15548, Apr. 19, 1984, as 
amended by CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.10  Operating rules.

    The operator of a vessel in a TSS shall comply with Rule 10 of the 
International Regulations for Preventing Collisions at Sea, 1972, as 
amended.



Sec. 167.15  Modification of schemes.

    (a) A traffic separation scheme or precautionary area described in 
this Part may be permanently amended in accordance with 33 U.S.C. 1223 
(92 Stat. 1473), and with international agreements.
    (b) A traffic separation scheme or precautionary area in this Part 
may be temporarily adjusted by the Commandant of the Coast Guard in an 
emergency, or to accommodate operations which would create an undue 
hazard for vessels using the scheme or which would contravene Rule 10 of 
the International Regulations for Preventing Collisions at Sea, 1972. 
Adjustment may be in the form of a temporary traffic lane shift, a 
temporary suspension of a section of the scheme, a temporary 
precautionary area overlaying a lane, or other appropriate measure. 
Adjustments will only be made where, in the judgment of the Coast Guard, 
there is no reasonable alternative means of conducting an operation and 
navigation safety will not be jeopardized by the adjustment. Notice of 
adjustments will be made in the appropriate Notice to Mariners and in 
the Federal Register. Requests by members of the public for temporary 
adjustments to traffic separation schemes must be submitted 150 days 
prior to the time the adjustment is desired. Such Requests, describing 
the interference that would otherwise occur to a TSS, should be 
submitted to the District Commander of the Coast Guard District in which 
the TSS is located.



 Subpart B--Description of Traffic Separation Schemes and Precautionary 
                                 Areas.

                           Atlantic East Coast

    Source: CGD 84-004, 52 FR 33589, Sept. 4, 1987, unless otherwise 
noted.



Sec. 167.150  Off New York Traffic Separation Scheme and Precautionary Areas.

    The specific areas in the Off New York Traffic Separation Scheme and 
Precautionary Areas are described in Secs. 167.151, 167.152, 167.153, 
167.154, and 167.155 of this chapter.



Sec. 167.151  Precautionary areas.

    (a) A circular precautionary area with a radius of seven miles is 
established centered upon Ambrose Light in geographical position 
40 deg.27.50' , 73 deg.49.90' W.
    (b) A precautionary area is established between the traffic 
separation scheme ``Eastern Approach, off Nantucket'' and the traffic 
separation scheme ``In the Approach to Boston, Massachusetts.'' (1) The 
precautionary area is bounded to the east by a circle

[[Page 663]]

of radius 15.5 miles, centered upon geographical position 40 deg.35.00' 
, 69 deg.00.00' W, and is intersected by the traffic separation 
schemes ``In the Approach to Boston, Massachusetts'' and ``Off New 
York'' at the following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4050.33 N        ..................        6857.00 W                    
4023.75 N        ..................        6914.63 W                    
------------------------------------------------------------------------

    (2) The precautionary area is bounded to the west by a line 
connecting the two traffic separation schemes between the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4036.75 N        ..................        6815.16 W                    
4048.00 N        ..................        6903.33 W                    
------------------------------------------------------------------------



Sec. 167.152  Eastern approach, off Nantucket.

    (a) A separation zone is established bounded by a line connecting 
the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4028.75 N        ..................        6914.83 W                    
4027.62 N        ..................        7013.77 W                    
4030.62 N        ..................        7014.00 W                    
4031.75 N        ..................        6914.97 W                    
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4036.75 N        ..................        6915.17 W                    
4035.62 N        ..................        7014.15 W                    
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4022.62 N        ..................        7013.60 W                    
4023.75 N        ..................        6914.63 W                    
------------------------------------------------------------------------



Sec. 167.153  Eastern approach, off Ambrose Light.

    (a) A separation zone is established bounded by a line connecting 
the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4024.33 N        ..................        7304.97 W                    
4024.20 N        ..................        7311.50 W                    
4026.00 N        ..................        7340.93 W                    
4027.00 N        ..................        7340.75 W                    
4027.20 N        ..................        7311.50 W                    
4027.33 N        ..................        7304.95 W                    
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4032.33 N        ..................        7304.95 W                    
4032.20 N        ..................        7311.50 W                    
4028.00 N        ..................        7340.73 W                    
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4025.05 N        ..................        7341.32 W                    
4019.20 N        ..................        7311.50 W                    
4019.33 N        ..................        7304.97 W                    
------------------------------------------------------------------------



Sec. 167.154  South-eastern approach.

    (a) A separation zone is established bounded by a line connecting 
the following geographical positions:


Latitude                             Longitude                          
                                                                        
40 deg.03.10' N                      73 deg.17.93' W                    
40 deg.06.50' N                      73 deg.22.73' W                    
40 deg.22.45' N                      73 deg.43.55' W                    
40 deg.23.20' N                      73 deg.42.70' W                    
40 deg.08.72' N                      73 deg.20.10' W                    
40 deg.05.32' N                      73 deg.15.28' W                    
                                                                        

    (b) A traffic lane for north-westbound traffic is established 
between the separation zone and a line connecting the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4008.98 N        ..................        7310.87 W                    
4012.42 N        ..................        7315.67 W                    
4024.02 N        ..................        7341.97 W                    
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is established 
between the separation zone and a line connecting the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4021.82 N        ..................        7344.55 W                    
4002.80 N        ..................        7327.15 W                    
3959.43 N        ..................        7322.35 W                    
------------------------------------------------------------------------



[[Page 664]]

[CGD 84-004, 52 FR 33589, Sept. 4, 1987, as amended by CGD 97-023, 62 FR 
33365, June 19, 1997]



Sec. 167.155  Southern approach.

    (a) A separation zone is established bounded by a line connecting 
the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
3945.70' N        .................       7348.00' W                    
4020.63' N        .................       7348.33' W                    
4020.87' N        .................       7347.07' W                    
3945.70' N        .................       7344.00' W                    
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
3945.70' N        .................       7337.70' W                    
4021.25' N        .................       7345.85' W                    
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
4020.53' N        .................       7349.65' W                    
3945.70' N        .................       7354.40' W                    
------------------------------------------------------------------------


    Note: Use of LORAN C enables masters of appropriately equipped 
vessels to be informed highly accurately and continuously about the 
vessel's position in the area covered by this scheme.



Sec. 167.200  Chesapeake Bay approach traffic separation scheme.

    (a) The traffic separation scheme in the approaches to Chesapeake 
Bay consists of three parts: a Precautionary Area, an Eastern Approach, 
and a Southern Approach. The Southern Approach consists of inbound and 
outbound lanes for vessels drawing 13.5 meters (45 feet) of fresh water 
or less, separated by a deep-water (DW) route for inbound and outbound 
vessels with drafts exceeding 13.5 meters (45 feet) in fresh water and 
for naval aircraft carriers. Each part is defined geographically, using 
North American Datum 1983 (NAD 83), in Secs. 167.201, 167.202, 167.203.
    (b) All vessels approaching the Traffic Separation Scheme in the 
Approaches to Chesapeake Bay should use the appropriate inbound or 
outbound traffic lane.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.201  Precautionary area.

    A precautionary area is established bounded by a circle with a two-
mile radius, centered on the following geographic position:

Latitude                             Longitude                          
36 deg.56.14' N                      75 deg.57.43' W                    
                                                                        


[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.202  Eastern approach.

    (a) A separation line is established connecting the following 
geographic positions:

Latitude                             Longitude                          
36 deg.58.66' N                      75 deg.48.63' W                    
36 deg.56.79' N                      75 deg.55.08' W                    
                                                                        

    (b) An inbound traffic lane is established between the separation 
line and a line connecting the following geographical positions:

Latitude                             Longitude                          
36 deg.59.14' N                      75 deg.48.88' W                    
36 deg.57.24' N                      75 deg.55.34' W                    
                                                                        

    (c) An outbound traffic lane is established between the separation 
line and a line connecting the following geographical positions:

Latitude                             Longitude                          
36 deg.56.29' N                      75 deg.54.93' W                    
36 deg.58.18' N                      75 deg.48.48' W                    
                                                                        


[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.203  Southern approach.

    (a) An inbound traffic lane is established between separation lines 
running through the following geographical positions:

Latitude                             Longitude                          
36 deg.50.33' N                      75 deg.46.29' W                    
36 deg.52.90' N                      75 deg.51.52' W                    
36 deg.55.96' N                      75 deg.54.97' W                    
36 deg.55.11' N                      75 deg.55.23' W                    
36 deg.52.35' N                      75 deg.52.12' W                    
36 deg.49.70' N                      75 deg.46.80' W                    
                                                                        

    (b) An outbound traffic lane is established between separation lines 
running through the following geographical positions:

[[Page 665]]



Latitude                             Longitude                          
36 deg.49.52' N                      75 deg.46.94' W                    
36 deg.52.18' N                      75 deg.52.29' W                    
36 deg.54.97' N                      75 deg.55.43' W                    
36 deg.54.44' N                      75 deg.56.09' W                    
36 deg.51.59' N                      75 deg.52.92' W                    
36 deg.48.87' N                      75 deg.47.42' W                    
                                                                        

    (c) A deep-water route is established between lines running through 
the following geographical positions:

Latitude                             Longitude                          
36 deg.55.11' N                      75 deg.55.23' W                    
36 deg.52.35' N                      75 deg.52.12' W                    
36 deg.49.70' N                      75 deg.46.80' W                    
36 deg.49.52' N                      75 deg.46.94' W                    
36 deg.52.18' N                      75 deg.52.29' W                    
36 deg.54.97' N                      75 deg.55.43' W                    
                                                                        

    (d) The following vessels should use the deep-water route 
established in paragraph (c) of this section when bound for Chesapeake 
Bay from sea or to sea from Chesapeake Bay:
    (1) Deep draft vessels (drafts greater than 13.5 meters/45 feet in 
fresh water).
    (2) Naval aircraft carriers.
    (e) It is recommended that a vessel using the deep-water route 
established in paragraph (c) of this section--
    (1) Announce its intention on VHF-FM Channel 16 as it approaches 
Chesapeake Bay Southern Approach Lighted Whistle Buoy CB on the south 
end, or Chesapeake Bay Junction Lighted Buoy CBJ on the north end of the 
route;
    (2) Avoid, as far as practicable, overtaking other vessels operating 
in the deep-water route; and
    (3) Keep as near to the outer limit of the route which lies on the 
vessel's starboard side as is safe and practicable.
    (f) Vessels other than those listed in paragraph (d) of this section 
should not use the deep-water route.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994; 59 FR 28449, June 1, 1994]

                           Atlantic Gulf Coast



Sec. 167.350  Galveston Bay approach traffic separation scheme and precautionary areas.

    (a) An inshore precautionary area bounded by a line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
(1) 29 deg. 18.10' N        .......  94 deg. 39.20' W                   
(2) 29 deg. 16.10' N        .......  94 deg. 37.00' W                   
(3) 29 deg. 18.00' N        .......  94 deg. 34.90' W                   
(4) 29 deg. 19.40' N        .......  94 deg. 37.10' W                   
(5) 29 deg. 19.80' N        .......  94 deg. 38.10' W                   
------------------------------------------------------------------------

    (b) A traffic separation zone bounded by a line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
(6) 29 deg. 17.13' N        .......  94 deg. 35.86' W                   
(7) 29 deg. 09.55' N        .......  94 deg. 25.80' W                   
(8) 29 deg. 09.41' N        .......  94 deg. 25.95' W                   
(9) 29 deg. 17.00' N        .......  94 deg. 36.00' W                   
------------------------------------------------------------------------

    (c) A traffic lane for inbound (northwesterly heading) traffic is 
established between the separation zone and a line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
(3) 29 deg. 18.00' N        .......  94 deg. 34.90' W                   
(10) 29 deg. 11.20' N        ......  94 deg. 24.00' W                   
------------------------------------------------------------------------

    (d) A traffic lane for outbound (southeasterly heading) traffic is 
established between the separation zone and line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
(2) 29 deg. 16.10' N        .......  94 deg. 37.00' W                   
(11) 29 deg. 07.70' N        ......  94 deg. 27.80' W                   
------------------------------------------------------------------------

    (e) An offshore precautionary area bounded by a line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude             
------------------------------------------------------------------------
(11) 29 deg. 07.70' N        ......  94 deg. 27.80' W                   
(12) 29 deg. 06.40' N        ......  94 deg. 26.20' W                   
(13) 29 deg. 06.40' N        ......  94 deg. 23.90' W                   
(14) 29 deg. 09.10' N        ......  94 deg. 20.60' W                   
(10) 29 deg. 11.20' N        ......  94 deg. 24.00' W                   
------------------------------------------------------------------------

    Note: A pilot boarding area is located near the center of the 
inshore precautionary area. Due to heavy vessel traffic, mariners are 
advised not to anchor or linger in this precautionary area except to 
pick up or disembark a pilot.

[CGD 81-080, 48 FR 36456, Aug. 11, 1983. Redesignated by CGD 84-004, 52 
FR 33589, Sept. 4, 1987; CGD 89-019, 54 FR 28062, July 5, 1989; 54 FR 
51972, Dec. 19, 1989]



PART 168--ESCORT REQUIREMENTS FOR CERTAIN TANKERS--Table of Contents




Sec.
168.01  Purpose.

[[Page 666]]

168.05  Definitions.
168.10  Responsibilities.
168.20  Applicable vessels.
168.30  Applicable cargoes.
168.40  Applicable waters and number of escort vessels.
168.50  Performance and operational requirements.
168.60  Pre-escort conference.

    Authority: Section 4116(c), Pub. L. 101-380, 104 Stat. 520 (46 
U.S.C. 3703 note).

    Source: CGD 91-202, 59 FR 42968, Aug. 19, 1994, unless otherwise 
noted.



Sec. 168.01  Purpose.

    (a) This part prescribes regulations in accordance with section 
4116(c) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380). The 
regulations will reduce the risk of oil spills from laden, single hull 
tankers over 5,000 GT by requiring that these tankers be escorted by at 
least two suitable escort vessels. The escort vessels will be 
immediately available to influence the tankers' speed and course in the 
event of a steering or propulsion equipment failure, thereby reducing 
the possibility of groundings or collisions.
    (b) The regulations in this part establish minimum escort vessel 
requirements. Nothing in these regulations should be construed as 
relieving the master of a tanker from the duty to operate the vessel in 
a safe and prudent manner, taking into account the navigational 
constraints of the waterways to be traversed, other vessel traffic, and 
anticipated weather, tide, and sea conditions, which may require reduced 
speeds, greater assistance from escort vessels, or other operational 
precautions.



Sec. 168.05  Definitions.

    As used in this part--
    Disabled tanker means a tanker experiencing a loss of propulsion or 
steering control.
    Escort transit means that portion of the tanker's voyage through 
waters where escort vessels are required.
    Escort vessel means any vessel that is assigned and dedicated to a 
tanker during the escort transit, and that is fendered and outfitted 
with towing gear as appropriate for its role in an emergency response to 
a disabled tanker.
    Laden means transporting in bulk any quantity of applicable cargo, 
except for clingage and residue in otherwise empty cargo tanks.
    Single hull tanker means any self-propelled tank vessel that is not 
constructed with both double bottom and double sides in accordance with 
the provisions of 33 CFR 157.10d.
    Tanker master means the licensed onboard person in charge of the 
tanker.
    Tanker owner or operator means the owner or shoreside organization 
(individual, corporation, partnership, or association), including a 
demise charterer, responsible for the overall management and operation 
of the tanker.



Sec. 168.10  Responsibilities.

    (a) The tanker owner or operator shall:
    (1) select escort vessels that can meet the performance requirements 
of this part; and
    (2) inform the tanker master of the performance capabilities of the 
selected escort vessels. This information must be provided to the master 
before beginning the escort transit.
    (b) The tanker master shall operate the tanker within the 
performance capabilities of the escort vessels, taking into account 
speed, sea and weather conditions, navigational considerations, and 
other factors that may change or arise during the escort transit.
    (c) In an emergency, the tanker master may deviate from the 
requirements of this part to the extent necessary to avoid endangering 
persons, property, or the environment, but shall immediately report the 
deviation to the cognizant Coast Guard Captain of the Port (COTP).



Sec. 168.20  Applicable vessels.

    The requirements of this part apply to laden, single hull tankers of 
5,000 gross tons or more.



Sec. 168.30  Applicable cargoes.

    The requirements of this part apply to any petroleum oil listed in 
46 CFR Table 30.25-1 as a pollution category I cargo.

[[Page 667]]



Sec. 168.40  Applicable waters and number of escort vessels.

    The requirements of this part apply to the following waters:
    (a) Prince William Sound: Each tanker to which this part applies 
must be escorted by at least two escort vessels in those navigable 
waters of the United States within Prince William Sound, Alaska, and the 
adjoining tributaries, bays, harbors, and ports, including the navigable 
waters of the United States within a line drawn from Cape Hinchinbrook 
Light, to Seal Rocks Light, to a point on Montague Island at 
60 deg.14.6' North, 146 deg.59' West, and the waters of Montague Strait 
east of a line between Cape Puget and Cape Cleare.
    (b) Puget Sound and certain associated waters: Each tanker to which 
this part applies must be escorted by at least two escort vessels in 
those navigable waters of the United States and Washington State east of 
a line connecting New Dungeness Light with Discovery Island Light and 
all points in the Puget Sound area north and south of these lights. This 
area includes all the navigable waters of the United States within Haro 
Strait, Rosario Strait, the Strait of Georgia, Puget Sound, and Hood 
Canal, as well as those portions of the Strait of Juan de Fuca east of 
the New Dungeness-Discovery Island line.



Sec. 168.50  Performance and operational requirements.

    (a) Except as provided in paragraph (c) of Sec. 168.10, at all times 
during the escort transit each tanker to which this part applies:
    (1) Must be accompanied by escort vessels that meet the performance 
requirements of paragraph (b) of this section (but not less than the 
number of escorts required by Sec. 168.40).
    (2) Must have the escort vessels positioned relative to the tanker 
such that timely response to a propulsion or steering failure can be 
effected.
    (3) Must not exceed a speed beyond which the escort vessels can 
reasonably be expected to safely bring the tanker under control within 
the navigational limits of the waterway, taking into consideration 
ambient sea and weather conditions, surrounding vessel traffic, hazards, 
and other factors that may reduce the available sea room.
    (b) The escort vessels, acting singly or jointly in any combination 
as needed, and considering their applied force vectors on the tanker's 
hull, must be capable of--
    (1) Towing the tanker at 4 knots in calm conditions, and holding it 
in steady position against a 45-knot headwind;
    (2) Stopping the tanker within the same distance that it could 
crash-stop itself from a speed of 6 knots using its own propulsion 
system;
    (3) Holding the tanker on a steady course against a 35-degree locked 
rudder at a speed of 6 knots; and
    (4) Turning the tanker 90 degrees, assuming a free-swinging rudder 
and a speed of 6 knots, within the same distance (advance and transfer) 
that it could turn itself with a hard-over rudder.

    Effective Date Note: At 59 FR 54519, Nov. 1, 1994, Sec. 168.50 was 
amended by suspending paragraph (b)(2), effective November 17, 1994.



Sec. 168.60  Pre-escort conference.

    (a) Before commencing an escort transit, the tanker master shall 
confer, by radio or in person, with the tanker pilot and the masters of 
the escort vessels regarding the escort operation.
    (b) The purpose of the pre-escort conference is for all parties to 
plan and discuss particulars of the escort transit.
    (c) At a minimum, the following topics must be addressed during the 
pre-escort conference:
    (1) The destination, route, planned speed, other vessel traffic, 
anticipated weather, tide, and sea conditions, and other navigational 
considerations;
    (2) The type and operational status of communication, towing, 
steering, and propulsion equipment on the tanker and escort vessels;
    (3) The relative positioning and reaction time for the escort 
vessels to move into assist positions, including, if appropriate, pre-
tethering the escort vessels at crucial points along the route;
    (4) The preparations required on the tanker and escort vessels, and 
the methods employed in making an emergency towline connection, 
including stationing of deck crews, preparation

[[Page 668]]

of messenger lines, bridles, and other towing gear, and energizing 
appropriate deck equipment;
    (5) The manner in which an emergency towline connection would be 
made (which escort vessel will respond, how messengers and towlines will 
be passed, etc.);
    (6) Other relevant information provided by the tanker master, pilot 
or escort vessel masters.

[[Page 669]]



                       SUBCHAPTERS Q-R--[Reserved]





                      SUBCHAPTER S--BOATING SAFETY





PART 173--VESSEL NUMBERING AND CASUALTY AND ACCIDENT REPORTING--Table of Contents




                           Subpart A--General

Sec.
173.1  Purpose.
173.3  Definitions.

                          Subpart B--Numbering

173.11  Applicability.
173.13  Exemptions.
173.15  Vessel number required.
173.17  Reciprocity.
173.19  Other numbers prohibited.
173.21  Certificate of number required.
173.23  Inspection of certificate.
173.25  Location of certificate of number.
173.27  Numbers: Display; size; color.
173.29  Notification to issuing authority.
173.31  Surrender of certificate of number.
173.33  Removal of number.
173.35  Coast Guard validation sticker.

               Subpart C--Casualty and Accident Reporting

173.51  Applicability.
173.53  Immediate notification of death or disappearance.
173.55  Report of casualty or accident.
173.57  Casualty or accident report.
173.59  Where to report.

                Subpart D--Issue of Certificate of Number

173.71  Application for certificate of number.
173.73  Duplicate certificate of number.
173.75  Temporary certificate.
173.77  Validity of certificate of number.
173.79  Expiration of Coast Guard certificate of number.
173.81  Coast Guard forms for numbering and casualty reporting.
173.83  Availability of Coast Guard forms.
173.85  Coast Guard fees.

Appendix A to Part 173--Issuing Authorities and Reporting Authorities

    Authority: 46 U.S.C. 6101, 12302; 49 CFR 1.46.

    Source: CGD 72-54R, 37 FR 21399, Oct. 7, 1972, unless otherwise 
noted.



                           Subpart A--General



Sec. 173.1  Purpose.

     This part presecibes requirements for numbering vessels and for 
reporting casualties and accidents to implement sections 6101, 6102, 
12301 and 12302 of Title 46, United States Code.

[CGD 89-048, 54 FR 27002, June 27, 1989]



Sec. 173.3  Definitions.

    As used in this part:
    (a) [Reserved]
    (b) Issuing authority means a State that has a numbering system 
approved by the Coast Guard or the Coast Guard where a number system has 
not been approved. Issuing authorities are listed in Appendix A of this 
part.
    (c) Operator means the person who is in control or in charge of a 
vessel while it is in use.
    (d) Owner means a person who claims lawful possession of a vessel by 
virtue of legal title or equitable interest therein which entitles him 
to such possession.
    (e) Person means an individual, firm, partnership, corporation, 
company, association, joint-stock association, or governmental entity 
and includes a trustee, receiver, assignee, or similar representative of 
any of them.
    (f) Reporting authority means a State that has a numbering system 
approved by the Coast Guard or the Coast Guard where a numbering system 
has not been approved. Reporting authorities are listed in Appendix A of 
this part.
    (g) State means a State of the United States, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District 
of Columbia.
    (h) State of principal use means the State on whose waters a vessel 
is used or to be used most during a calendar year.
    (i) Use means operate, navigate, or employ.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54 FR 2702, June 27, 1989]

[[Page 670]]



                          Subpart B--Numbering



Sec. 173.11   Applicability.

    This subpart applies to each vessel equipped with propulsion 
machinery of any type used on waters subject to the jurisdiction of the 
United States and on the high seas beyond the territorial seas for 
vessels owned in the United States except:
    (a) Foreign vessels temporarily using waters subject to U.S. 
jurisdiction;
    (b) Military or public vessels of the United States, except 
recreational-type public vessels;
    (c) A vessel whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes, and which is clearly 
identifiable as such;
    (d) Ships' lifeboats;
    (e) A vessel which has or is required to have a valid marine 
document as a vessel of the United States.



Sec. 173.13   Exemptions.

     Where the Coast Guard issues numbers, the following classes of 
vessels are exempt, under Section 12303 of Title 46, United States Code, 
from the numbering provisions of Sections 12301 and 12302 of Title 46, 
United States Code, and this part:
    (a) A vessel that is used exclusively for racing.
    (b) A vessel equipped with propulsion machinery of less than 10 
horsepower that:
    (1) Is owned by the owner of a vessel for which a valid certificate 
of number has been issued;
    (2) Displays the number of that numbered vessel followed by the 
suffix ``1'' in the manner prescribed in Sec. 173.27; and
    (3) Is used as a tender for direct transportation between that 
vessel and the shore and for no other purpose.



Sec. 173.15   Vessel number required.

    (a) Except as provided in Sec. 173.17, no person may use a vessel to 
which this part applies unless:
    (1) It has a number issued on a certificate of number by the issuing 
authority in the State in which the vessel is principally used; and
    (2) The number is displayed as described in Sec. 173.27.
    (b) This section does not apply to a vessel for which a valid 
temporary certificate has been issued to its owner by the issuing 
authority in the State in which the vessel is principally used.



Sec. 173.17  Reciprocity.

    (a) Section 12302(c) of Title 46, United States Code, states:

    When a vessel is numbered in a State, it is deemed in compliance 
with the numbering system of a State in which it temporarily is 
operated.

    (b) Section 12302(d) of Title 46, United States Code, states:

    When a vessel is removed to a new State of principal operation, the 
issuing authority of that State shall recognize the validity of the 
number issued by the original State for 60 days.

[CGD 89-048, 54 FR 27002, June 27, 1989]



Sec. 173.19   Other numbers prohibited.

    No person may use a vessel to which this part applies that has any 
number that is not issued by an issuing authority for that vessel on its 
forward half.



Sec. 173.21   Certificate of number required.

    (a) Except as provided in Secs. 173.13 and 173.17, no person may use 
a vessel to which this part applies unless it has on board:
    (1) A valid certificate of number or temporary certificate for that 
vessel issued by the issuing authority in the State in which the vessel 
is principally used; or
    (2) For the vessel described in paragraph (b) of this section, a 
copy of the lease or rental agreement, signed by the owner or his 
authorized representative and by the person leasing or renting the 
vessel, that contains at least:
    (i) The vessel number that appears on the certificate of number; and
    (ii) The period of time for which the vessel is leased or rented.
    (b) Section 12304(a) of Title 46, United States Code, states in 
part: The certificate of number for a vessel less than 26 feet in length 
and leased or rented to another for the latter's noncommercial operation 
of less than 7 days may be retained on shore by the vessel's owner or 
representative at the place from which the vessel departs or returns to

[[Page 671]]

the possession of the owner or the owner's representative.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54 FR 27002, June 27, 1989]



Sec. 173.23   Inspection of certificate.

    Each person using a vessel to which this part applies shall present 
the certificate or lease or rental agreement required by Sec. 173.21 to 
any Federal, State, or local law enforcement officer for inspection at 
his request.



Sec. 173.25   Location of certificate of number.

    No person may use a vessel to which this part applies unless the 
certificate or lease or rental agreement required by Sec. 173.21 is 
carried on board in such a manner that it can be handed to a person 
authorized under Sec. 173.23 to inspect it.



Sec. 173.27   Numbers: Display; size; color.

    (a) Each number required by Sec. 173.15 must:
    (1) Be painted on or permanently attached to each side of the 
forward half of the vessel except as allowed by paragraph (b) or 
required by paragraph (c) of this section;
    (2) Be in plain vertical block characters of not less than 3 inches 
in height;
    (3) Contrast with the color of the background and be distinctly 
visible and legible;
    (4) Have spaces or hyphens that are equal to the width of a letter 
other than ``I'' or a number other than ``1'' between the letter and 
number groupings (Example: DC 5678 EF or DC-5678-EF); and
    (5) Read from left to right.
    (b) When a vessel is used by a manufacturer or by a dealer for 
testing or demonstrating, the number may be painted on or attached to 
removable plates that are temporarily but firmly attached to each side 
of the forward half of the vessel.
    (c) On vessels so configured that a number on the hull or 
superstructure would not be easily visible, the number must be painted 
on or attached to a backing plate that is attached to the forward half 
of the vessel so that the number is visible from each side of the 
vessel.
    (d) Each number displayed on a tender exempted under Sec. 173.13 
must meet the requirements of paragraph (a) of this section and have a 
space or hyphen that is equal to the width of a letter other than ``I'' 
or a number other than ``1'' between the suffix and the number. 
(Example: DC 5678 EF 1 or DC-5678-EF-1.)



Sec. 173.29   Notification to issuing authority.

    A person whose name appears as the owner of a vessel on a 
certificate of number shall, within 15 days, notify the issuing 
authority in a manner prescribed by the issuing authority of:
    (a) Any change in his address;
    (b) The theft or recovery of the vessel;
    (c) The loss or destruction of a valid certificate of number;
    (d) The transfer of all or part of his interest in the vessel; and
    (e) The destruction or abandonment of the vessel.



Sec. 173.31   Surrender of certificate of number.

    A person whose name appears as the owner of a vessel on a 
certificate of number shall surrender the certificate in a manner 
prescribed by the issuing authority within 15 days after it becomes 
invalid under paragraph (b), (c), (d), or (e) of Sec. 173.77.



Sec. 173.33   Removal of number.

    The person whose name appears on a certificate of number as the 
owner of a vessel shall remove the number and validation sticker from 
the vessel when:
    (a) The vessel is documented by the Coast Guard;
    (b) The certificate of number is invalid under paragraph (c) of 
Sec. 173.77; or
    (c) The vessel is no longer principally used in the State where the 
certificate was issued.



Sec. 173.35   Coast Guard validation sticker.

    No person may use a vessel except a vessel exempted in Sec. 173.13 
that has a number issued by the Coast Guard unless it has the validation 
sticker issued

[[Page 672]]

with the certificate of number displayed within 6 inches of the number.



               Subpart C--Casualty and Accident Reporting



Sec. 173.51   Applicability.

    (a) This subpart applies to each vessel used on waters subject to 
the jurisdiction of the United States and on the high seas beyond the 
territorial seas for vessels owned in the United States that:
    (1) Is used by its operator for recreational purposes; or
    (2) Is required to be numbered under this part.
    (b) This subpart does not apply to a vessel subject to inspection 
under Title 46 U.S.C. Chapter 33.

[CDG 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CDG 84-099, 52 FR 
47533, Dec. 14, 1987]



Sec. 173.53   Immediate notification of death or disappearance.

    (a) When, as a result of an occurrence that involves a vessel or its 
equipment, a person dies or disappears from a vessel, the operator 
shall, without delay, by the quickest means available, notify the 
nearest reporting authority listed in Appendix A of this part of:
    (1) The date, time, and exact location of the occurrence;
    (2) The name of each person who died or disappeared;
    (3) The number and name of the vessel; and
    (4) The names and addresses of the owner and operator.
    (b) When the operator of a vessel cannot give the notice required by 
paragraph (a) of this section, each person on board the vessel shall 
notify the casualty reporting authority or determine that the notice has 
been given.



Sec. 173.55   Report of casualty or accident.

    (a) The operator of a vessel shall submit the casualty or accident 
report prescribed in Sec. 173.57 to the reporting authority prescribed 
in Sec. 173.59 when, as a result of an occurrence that involves the 
vessel or its equipment:
    (1) A person dies;
    (2) A person is injured and requires medical treatment beyond first 
aid;
    (3) Damage to the vessel and other property totals more than $500 or 
there is a complete loss of the vessel; or
    (4) A person disappears from the vessel under circumstances that 
indicate death or injury.
    (b) A report required by this section must be made:
    (1) Within 48 hours of the occurrence if a person dies within 24 
hours of the occurrence;
    (2) Within 48 hours of the occurrence if a person is injured and 
requires medical treatment beyond first aid, or disappears from a 
vessel; and
    (3) Within 10 days of the occurrence or death if an earlier report 
is not required by this paragraph.
    (c) When the operator of a vessel cannot submit the casualty or 
accident report required by paragraph (a) of this section, the owner 
shall submit the casualty or accident report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 
5308, Jan. 25, 1979; CGD 82-015, 54 FR 5610, Feb. 6, 1989]



Sec. 173.57   Casualty or accident report.

    Each report required by Sec. 173.55 must be in writing, dated upon 
completion, and signed by the person who prepared it and must contain, 
if available, at least the following information about the casualty or 
accident:
    (a) The numbers and names of each vessel involved.
    (b) The name and address of each owner of each vessel involved.
    (c) The name of the nearest city or town, the county, the State, and 
the body of water.
    (d) The time and date the casualty or accident occurred.
    (e) The location on the water.
    (f) The visibility, weather, and water conditions.
    (g) The estimated air and water temperatures.
    (h) The name, address, age, or date of birth, telephone number, 
vessel operating experience, and boating safety training of the operator 
making the report.
    (i) The name and address of each operator of each vessel involved.
    (j) The number of persons on board or towed on skiis by each vessel.
    (k) The name, address, and date of birth of each person injured or 
killed.

[[Page 673]]

    (l) The cause of each death.
    (m) Weather forecasts available to, and weather reports used by, the 
operator before and during the use of the vessel.
    (n) The name and address of each owner of property involved.
    (o) The availability and use of personal flotation devices.
    (p) The type and amount of each fire extinguisher used.
    (q) The nature and extent of each injury.
    (r) A description of all property damage and vessel damage with an 
estimate of the cost of all repairs.
    (s) A description of each equipment failure that caused or 
contributed to the cause of the casualty.
    (t) A description of the vessel casualty or accident.
    (u) The type of vessel operation (cruising, drifting, fishing, 
hunting, skiing, racing, or other), and the type of accident (capsizing, 
sinking, fire, or explosion or other).
    (v) The opinion of the person making the report as to the cause of 
the casualty, including whether or not alcohol or drugs, or both, was a 
cause or contributed to causing the casualty.
    (w) The make, model, type (open, cabin, house, or other), beam width 
at widest point, length, depth from transom to keel, horsepower, 
propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel 
(gas, diesel, or other), construction (wood, steel, aluminum, plastic, 
fiberglass, or other), and year built (model year), of the reporting 
operator's vessel.
    (x) The name, address, and telephone number of each witness.
    (y) The manufacturer's hull identification number, if any, of the 
reporting operator's vessel.
    (z) The name, address, and telephone number of the person submitting 
the report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 84-099, 52 FR 
47533, Dec. 14, 1987]



Sec. 173.59   Where to report.

    A report required by Sec. 173.55 must be submitted to:
    (a) The reporting authority listed in Appendix A of this part where 
the vessel number was issued, or, if the vessel has no number, where the 
vessel is principally used; or
    (b) The reporting authority where the casualty or accident occurred, 
if it occurred outside the State where the vessel is numbered or 
principally used.



                Subpart D--Issue of Certificate of Number



Sec. 173.71   Application for certificate of number.

    Any person who is the owner of a vessel to which Sec. 173.11 applies 
may apply for a certificate of number for that vessel by submitting to 
the issuing authority, listed in Appendix A of this part, where the 
vessel will principally be used:
    (a) An application on a form and in a manner prescribed by the 
issuing authority; and
    (b) The fee required by the issuing authority.



Sec. 173.73   Duplicate certificate of number.

    If a certificate of number is lost or destroyed, the person whose 
name appears on the certificate as the owner may apply for a duplicate 
certificate by submitting to the issuing authority that issued the 
certificate:
    (a) An application on a form or in a manner prescribed by the 
issuing authority; and
    (b) The fee required by the issuing authority, if any.



Sec. 173.75   Temporary certificate.

    A temporary certificate valid for not more than 60 days after it is 
issued may be issued by an issuing authority pending the issue of a 
certificate of number. A temporary certificate is not valid after the 
date that the owner receives the certificate of number from the issuing 
authority.



Sec. 173.77   Validity of certificate of number.

    (a) Except as provided in paragraphs (b), (c), (d), and (e) of this 
section, a certificate of number is valid until the date of expiration 
prescribed by the issuing authority.
    (b) A certificate of number issued by an issuing authority is 
invalid after the date upon which:

[[Page 674]]

    (1) The vessel is documented or required to be documented under Part 
67 of Title 46, Code of Federal Regulations;
    (2) The person whose name appears on the certificate of number as 
owner of the vessel transfer all of his ownership in the vessel; or
    (3) The vessel is destroyed or abandoned.
    (c) A certificate of number issued by an issuing authority is 
invalid if:
    (1) The application for the certificate of number contains a false 
or fraudulent statement; or
    (2) The fees for the issuance of the certificate of number are not 
paid.
    (d) A certificate of number is invalid 60 days after the day on 
which the vessel is no longer principally used in the State where the 
certificate was issued.
    (e) The certificate of number is invalid when the person whose name 
appears on the certificate involuntarily loses his interest in the 
numbered vessel by legal process.



Sec. 173.79   Expiration of Coast Guard certificate of number.

    A certificate of number issued by the Coast Guard expires 3 years 
from the date it is issued.



Sec. 173.81   Coast Guard forms for numbering and casualty reporting.

    (a) In a State where the Coast Guard is the issuing authority, the 
following Coast Guard forms must be used:
    (1) Each application for a certificate of number or renewal must be 
made on two-part Form CG-3876 and 3876A, Application for Number and 
Temporary Certificate.
    (2) Each notification required by Sec. 173.29(b) must be made on 
Form CG- 2921, Notification of Change in Status of Vessel.
    (3) Each notification required by Sec. 173.29(a) must be made on 
Form CG- 3920, Change of Address Notice.
    (4) Each notification required by Sec. 173.29(c) must be made in 
writing.
    (5) Each application for a duplicate certificate of number must be 
made on two-part Form CG-3919 and CG-3919A, Application for Duplicate 
Certificate of Number and Temporary Duplicate Certificate.
    (6) Each vessel casualty required to be reported by Sec. 173.55 must 
be made on Form CG-3865.
    (b) Each surrender of a certificate of number required by 
Sec. 173.31 may be made in any form but must contain a written statement 
as to why the certificate is being surrendered.



Sec. 173.83   Availability of Coast Guard forms.

    In a State where the Coast Guard is the issuing authority, forms 
required by Sec. 173.81 are available at all manned Coast Guard shore 
units, except light and loran stations and except for Form CG-3865, at 
all first- and second-class and some third- and fourth-class post 
offices.



Sec. 173.85   Coast Guard fees.

    (a) In a State where the Coast Guard is the issuing authority the 
fees for numbering are:
    (1) Original number and two validation stickers--$6;
    (2) Renewal of number and two validation stickers--$6;
    (3) Duplicate certificate of number--$1; and
    (4) Replacement of lost or destroyed validation sticker--$0.25 each.
    (b) Fees must be paid by check or money order made payable to the 
``U.S. Coast Guard,'' except when the application is made in person by 
the owner, the fee may be paid in cash.

  Appendix A to Part 173--Issuing Authorities and Reporting Authorities

    (a) The State is the issuing authority and reporting authority in:

                                  state

Alabama--AL.
American Samoa--AS.
Arizona--AZ.
Arkansas--AR.
California--CF.
Colorado--CL.
Connecticut--CT.
Delaware--DL.
District of Colum-
  bia--DC.
Florida--FL.
Georgia--GA.
Guam--GM.
Hawaii--HA.
Idaho--ID.
Illinois--IL.
Indiana--IN.
Iowa--IA.
Kansas--KA.
Kentucky--KY.
Louisiana--LA.
Maine--ME.
Maryland--MD.
Massachusetts--MS.
Michigan--MC.
Minnesota--MN.
Mississippi--MI.

[[Page 675]]


Missouri--MO.
Montana--MT.
Nebraska--NB.
Nevada--NV.
New Hampshire--NH.
New Jersey--NJ.
New Mexico--NM.
New York--NY.
North Carolina--NC.
North Dakota--ND.
Ohio--OH.
Oklahoma--OK.
Oregon--OR.
Pennsylvania--PA.
Puerto Rico--PR.
Rhode Island--RI.
South Carolina--SC.
South Dakota--SD.
Tennessee--TN.
Texas--TX.
Utah--UT.
Vermont--VT.
Virginia--VA.
Virgin Islands--VI.
Washington--WN.
West Virginia--WV.
Wisconsin--WS.
Wyoming--WY.

    (b) The Coast Guard is the issuing authority and reporting authority 
in:

                                  state

Alaska--AK.

    (c) The abbreviations following the names of the State listed in 
paragraphs (a) and (b) are the two capital letters that must be used in 
the number format to denote the State of principal use as prescribed in 
Sec. 174.23 of this chapter.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 76-076, 41 FR 
23401, June 10, 1976; CGD 89-048, 54 FR 27002, June 27, 1989]



PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS--Table of Contents




                           Subpart A--General

Sec.
174.1  Applicability.
174.3  Definitions.
174.5  Requirements for approval.
174.7  Approval procedure.

                Subpart B--Numbering System Requirements

174.11  Applicability of State numbering system.
174.13  Owner or operator requirements.
174.14  State numbering system optional sections.
174.15  Validation stickers.
174.17  Contents of application for certificate of number.
174.19  Contents of a certificate of number.
174.21  Contents of temporary certificate.
174.23  Form of number.
174.25  Size of certificate of number.
174.27  Duration of certificate of number.
174.29  Temporary certificate of number.
174.31  Terms and conditions for vessel numbering.

            Subpart C--Casualty Reporting System Requirements

174.101  Applicability of State casualty reporting system.
174.103  Administration.
174.105  Owner or operator casualty reporting requirements.
174.106  State casualty reporting system optional sections.
174.107  Contents of casualty or accident report form.

                        Subpart D--State Reports

174.121  Forwarding of casualty or accident reports.
174.123  Annual report of numbered vessels.
174.125  Coast Guard address.

    Authority: 46 U.S.C. 6101, 12302; 49 CFR 1.46.


    Source: CGD 72-54R, 37 FR 21402, Oct. 7, 1972, unless otherwise 
noted.



                           Subpart A--General



Sec. 174.1   Applicability.

    This part establishes a standard numbering system for vessels and a 
uniform vessel casualty reporting system for vessels by prescribing 
requirements applicable to the States for the approval of State 
numbering systems.



Sec. 174.3   Definitions.

    As used in this part:
    Operator means the person who is in control or in charge of a vessel 
while it is in use.
    Owner means a person who claims lawful possession of a vessel by 
virtue of legal title or equitable interest therein which entitles him 
to such possession.
    Reporting authority means a State where a numbering system has been 
approved by the Coast Guard or the Coast Guard where a numbering system 
has not been approved. Reporting authorities are listed in Appendix A of 
Part 173 of this chapter.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996; CGD 97-023, 62 FR 33365, June 19, 1997]

[[Page 676]]



Sec. 174.5  Requirements for approval.

    The Commandant approves a State numbering system if he finds, after 
examination of the information submitted by a State, that the State 
numbering system and vessel casualty reporting system meet the 
requirements in this part, 46 U.S.C. 6102, and in Chapter 123 of Title 
46 U.S. Code relating to numbering and casualty reporting.

[CGD 97-023, 62 FR 33365, June 19, 1997]



Sec. 174.7   Approval procedure.

    To obtain approval by the Commandant of a numbering system or of any 
revision to a numbering system, an authorized representative of the 
State must submit three copies of the State laws, regulations, forms, 
and policy statements, if any, that pertain to the numbering system or 
revision to Office of Boating Safety, 2100 Second Street SW., 
Washington, DC 20593-0001.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33669, June 28, 1996]



                Subpart B--Numbering System Requirements



Sec. 174.11   Applicability of State numbering system.

    (a) Except as allowed in paragraph (c) of this section, a State 
numbering system must require the numbering of vessels to which 
Sec. 173.11 of this chapter applies.
    (b) A State numbering system may require the numbering of any vessel 
subject to the jurisdiction of the State unless prohibited by the 
regulations in Part 173 of this chapter.
    (c) A State numbering system may exempt from its numbering 
requirements any vessel or class of vessels to which Sec. 173.13 of this 
chapter applies.



Sec. 174.13  Owner or operator requirements.

    A State numbering system must contain the requirements applicable to 
an owner or a person operating a vessel that are prescribed in the 
following sections of Part 173:
    (a) Paragraph (a) of Sec. 173.15 Vessel number required.
    (b) Section 173.19 Other numbers prohibited.
    (c) Paragraph (a) of Sec. 173.21 Certificate of number required.
    (d) Section 173.23 Inspection of certificate.
    (e) Section 173.25 Location of certificate of number.
    (f) Section 173.29 Notification of issuing authority.
    (g) Section 173.71 Application for certificate of number.
    (h) Section 173.73 Duplicate certificate of number.
    (i) Section 173.77 Validity of certificate of number.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]



Sec. 174.14  State numbering system optional sections.

    In addition to the requirements in Sec. 174.13, a State numbering 
system may contain any of the other requirements applicable to a boat 
owner or operator prescribed in Part 173.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]



Sec. 174.15   Validation stickers.

    (a) If a State issues validation stickers, its numbering system must 
contain the requirements that stickers must be displayed within 6 inches 
of the number and the stickers must meet the requirements in paragraphs 
(b) and (c) of this section.
    (b) Validation stickers must be approximately 3 inches square.
    (c) The year in which each validation sticker expires must be 
indicated by the colors, blue, international orange, green, and red, in 
rotation beginning with blue for stickers that expire in 1973.



Sec. 174.17  Contents of application for certificate of number.

    (a) Each form for application for a certificate of number must 
contain the following information:
    (1) Name of the owner.
    (2) Address of the owner, including ZIP code.
    (3)-(4) [Reserved]
    (5) State in which vessel is or will be principally used.

[[Page 677]]

    (6) The number previously issued by an issuing authority for the 
vessel, if any.
    (7) Whether the application is for a new number, renewal of a 
number, or transfer of ownership.
    (8) Whether the vessel is used for pleasure, rent or lease, dealer 
or manufacturer demonstration, commercial passenger carrying, commercial 
fishing, or other commercial use.
    (9) Make of vessel.
    (10) Year vessel was manufactured or model year.
    (11) Manufacturer's hull identification number, if any.
    (12) Overall length of vessel.
    (13) Type of vessel (open, cabin, house, or other).
    (14) Whether the hull is wood, steel, aluminum, fiberglass, plastic, 
or other.
    (15) Whether the propulsion is inboard, outboard, inboard-outdrive, 
sail or other.
    (16) Whether the fuel is gasoline, diesel, or other.
    (17) The signature of the owner.
    (b) An application made by a manufacturer or dealer for a number 
that is to be temporarily affixed to a vessel for demonstration or test 
purposes may omit items 9 through 16 of paragraph (a) of this section.
    (c) An application made by a person who intends to lease or rent the 
vessel without propulsion machinery may omit items 15 and 16 of 
paragraph (a) of this section.

[CGD 79-087, 47 FR 8176, Feb. 25, 1982]



Sec. 174.19   Contents of a certificate of number.

    (a) Except as allowed in paragraphs (b), (c), and (d) of this 
section, each certificate of number must contain the following 
information:
    (1) Number issued to the vessel.
    (2) Expiration date of the certificate.
    (3) State of principal use.
    (4) Name of the owner.
    (5) Address of owner, including ZIP code.
    (6) Whether the vessel is used for pleasure, rent or lease, dealer 
or manufacturer demonstration, commercial passenger carrying, commercial 
fishing or other commercial use.
    (7) Manufacturer's hull identification number (if any).
    (8) Make of vessel.
    (9) Year vessel was manufactured.
    (10) Overall length of vessel.
    (11) Whether the vessel is an open boat, cabin cruiser, houseboat, 
or other type.
    (12) Hull material.
    (13) Whether the propulsion is inboard, outboard, inboard-outdrive, 
or sail.
    (14) Whether the fuel is gasoline, diesel, or other.
    (b) A certificate of number issued to a vessel that has a 
manufacturer's hull identification number assigned, may omit items 8 
through 14 of paragraph (a) of this section if the manufacturer's hull 
identification number is plainly marked on the certificate.
    (c) A certificate of number issued to a manufacturer or dealer to be 
used on a vessel for test or demonstration purposes may omit items 7 
through 14 of paragraph (a) of this section if the word ``manufacturer'' 
or ``dealer'' is plainly marked on the certificate.
    (d) A certificate of number issued to a vessel that is to be rented 
or leased without propulsion machinery may omit items 13 and 14 of 
paragraph (a) of this section if the words ``livery vessel'' are plainly 
marked on the certificate.
    (e) An issuing authority may print on the certificate of number a 
quotation of the State regulations pertaining to change of ownership or 
address, documentation, loss, discovery of vessel, carriage of the 
certificate of number on board when the vessel is in use, rendering aid 
in a boat accident, and reporting of vessel casualties and accidents.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 77-117, 44 FR 
42195, July 19, 1979]



Sec. 174.21   Contents of temporary certificate.

    A temporary certificate issued pending the issuance of a certificate 
of number must contain the following information:
    (a) Make of vessel.
    (b) Length of vessel.
    (c) Type of propulsion.
    (d) State in which vessel is principally used.
    (e) Name of owner.

[[Page 678]]

    (f) Address of owner, including ZIP code.
    (g) Signature of owner.
    (h) Date of issuance.
    (i) Notice to the owner that the temporary certificate is invalid 
after 60 days from the date of issuance.



Sec. 174.23   Form of number.

    (a) Each number must consist of two capital letters denoting the 
State of the issuing authority, as specified in Appendix A of Part 173 
of this chapter, followed by--
    (1) Not more than four numerals followed by not more than two 
capital letters (example: NH 1234 BD); or
    (2) Not more than three numerals followed by not more than three 
capital letters (example: WN 567 EFG).
    (b) A number suffix must not include the letters ``I'', ``O'', or 
``Q,'' which may be mistaken for numerals.



Sec. 174.25   Size of certificate of number.

    Each certificate of number must be approximately 2\1/2\ by 3\1/2\ 
inches.



Sec. 174.27   Duration of certificate of number.

    A certificate of number must not be valid for more than 3 years.



Sec. 174.29   Temporary certificate of number.

    A State may issue a temporary certificate of number that is 
effective for not more than 60 days.



Sec. 174.31   Terms and conditions for vessel numbering.

    A State numbering system may condition the issuance of a certificate 
of number on--
    (a) Title to, or other proof of ownership of a vessel except a 
recreational-type public vessel of the United States; or
    (b) The payment of State or local taxes, except for a recreational-
type public vessel of the United States.



            Subpart C--Casualty Reporting System Requirements



Sec. 174.101   Applicability of State casualty reporting system.

    (a) A State casualty reporting system must require the reporting of 
vessel casualties and accidents involving vessels to which Sec. 173.51 
of this chapter applies.
    (b) The State casualty reporting system may also require vessel 
casualty or accident reports for property damage in amounts less than 
that required under Sec. 173.55 of this chapter.

(46 U.S.C. 1486; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 
5309, Mar. 25, 1979; CGD 82-015, 54 FR 5610, Feb. 6, 1989]



Sec. 174.103   Administration.

    The State casualty reporting system must be administered by a State 
agency that--
    (a) Will provide for the reporting of all casualties and accidents 
prescribed in Sec. 173.55 of this chapter;
    (b) Receives reports of vessel casualties or accidents required in 
Sec. 174.101;
    (c) Reviews each accident and casualty report to assure the accuracy 
and completeness of each report;
    (d) Determines the cause of casualties and accidents reported based 
on information available and indicates the apparent cause on the 
casualty report or on an attached page;
    (e) Notifies the Coast Guard, in writing, when a problem area in 
boating safety peculiar to the State is determined, together, with 
corrective measures instituted or recommended; and
    (f) Reports on vessel numbering and vessel casualties and accidents 
as required in Subpart D of this part.

(46 U.S.C. 1486; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 
5309, Mar. 25, 1979]



Sec. 174.105   Owner or operator casualty reporting requirements.

    A State casualty reporting system must contain the following 
requirements of Part 173 applicable to an owner or a person operating a 
vessel:
    (a) Section 173.55 Report of casualty or accident.
    (b) Section 173.57 Casualty or accident report.
    (c) Section 173.59 Where to report.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46 (n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]

[[Page 679]]



Sec. 174.106  State casualty reporting system optional sections.

    In addition to the requirements in Sec. 174.105, a State casualty 
reporting system may contain any of the other requirements applicable to 
a boat owner or operator prescribed in Part 173.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46 (n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]



Sec. 174.107   Contents of casualty or accident report form.

    Each form for reporting a vessel casualty or accident must contain 
the information required in Sec. 173.57 of this chapter.



                        Subpart D--State Reports



Sec. 174.121  Forwarding of casualty or accident reports.

    Within 30 days of the receipt of a casualty or accident report, each 
state that has an approved numbering system must forward a copy of that 
report to the Commander of the Coast Guard District in which the state 
capitol is located, except that Ohio and Minnesota must forward reports 
to Commander, Ninth Coast Guard District, Cleveland, Ohio.

[CGD 87-008b, 52 FR 25219, July 6, 1987]



Sec. 174.123   Annual report of numbered vessels.

    Before March 1 of each year, each State that has an approved 
numbering system must prepare and submit Coast Guard Form CGHQ-3923, 
Report of Certificates of Number Issued to Boats, to the Coast Guard.



Sec. 174.125   Coast Guard address.

    The report required by Sec. 174.123 must be sent to the Office of 
Boating Safety, 2100 Second Street SW., Washington, DC 20593-0001.

[CGD 88-052, 53 FR 25122, July 1, 1988, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996]



PART 175--EQUIPMENT REQUIREMENTS--Table of Contents




                           Subpart A--General

Sec.
175.1  Applicability.
175.3  Definitions.
175.5  Exemption from preemption.

                  Subpart B--Personal Flotation Devices

175.11  Applicability.
175.13  Definitions.
175.15  Personal flotation devices required.
175.17  Exemptions.
175.19  Stowage.
175.21  Condition; size and fit; approval marking.
175.23  Serviceable conditions.

                   Subpart C--Visual Distress Signals

175.101  Applicability.
175.105  Definitions.
175.110  Visual distress signals required.
175.113  Launchers.
175.115  Exceptions.
175.120  Stowage.
175.125  Serviceability.
175.128  Marking.
175.130  Visual distress signals accepted.
175.135  Existing equipment.
175.140  Prohibited use.

                         Subpart D--Ventilation

175.201  Ventilation.

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    Source: CGD 72-120R, 38 FR 8115, Mar. 28, 1973, unless otherwise 
noted.



                           Subpart A--General



Sec. 175.1   Applicability.

    This part prescribes rules governing the use of boats on waters 
subject to the jurisdiction of the United States and on the high seas 
beyond the territorial seas for boats owned in the United States except:
    (a) Foreign boats temporarily using waters subject to U.S. 
jurisdiction;
    (b) Military or public boats of the United States, except 
recreational-type public vessels;
    (c) A boat whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes, and which is clearly 
identifiable as such;
    (d) Ship's lifeboats.

[[Page 680]]

    (e) Seaplanes on the water.

[CGD 72-120R, 38 FR 8115, Mar. 28, 1973, as amended by CGD 92-045, 58 FR 
41607, Aug. 4, 1993]



Sec. 175.3  Definitions.

    As used in this part:
    Boat means any vessel manufactured or used primarily for 
noncommercial use; leased, rented, or chartered to another for the 
latter's noncommercial use; or engaged in the carrying of six or fewer 
passengers.
    Passenger means every person carried on board a vessel other than:
    (1) The owner or his representative;
    (2) The operator;
    (3) Bona fide members of the crew engaged in the business of the 
vessel who have contributed no consideration for their carriage and who 
are paid for their services; or
    (4) Any guest on board a vessel which is being used exclusively for 
pleasure purposes who has not contributed any consideration, directly or 
indirectly, for his carriage.
    Racing shell, rowing scull, racing canoe, and racing kayak means a 
manually propelled vessel that is recognized by national or 
international racing associations for use in competitive racing and one 
in which all occupants row, scull, or paddle, with the exception of a 
coxswain, if one is provided, and is not designed to carry and does not 
carry any equipment not solely for competitive racing.
    Recreational vessel means any vessel being manufactured or operated 
primarily for pleasure; or leased, rented, or chartered to another for 
the latter's pleasure. It does not include a vessel engaged in the 
carrying of six or fewer passengers.
    Sailboard means a sail propelled vessel with no freeboard and 
equipped with a swivel mounted mast not secured to a hull by guys or 
stays.
    Use means operate, navigate, or employ.
    Vessel includes every description of watercraft used or capable of 
being used as a means of transportation on the water.

[CGD 92-045, 58 FR 41607, Aug. 4, 1993]



Sec. 175.5  Exemption from preemption.

    The States are exempted from preemption by Federal regulations when 
establishing, continuing in effect, or enforcing State laws and 
regulations on the wearing or the carriage of personal flotation devices 
directly related to the following subject areas within the 
jurisdictional boundaries of the State:
    (a) Children on board any vessel;
    (b) Operating a canoe or kayak;
    (c) Operating a sailboard; and
    (d) Operating a personal watercraft.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]



                  Subpart B--Personal Flotation Devices



Sec. 175.11  Applicability.

    This subpart applies to all recreational vessels that are propelled 
or controlled by machinery, sails, oars, paddles, poles, or another 
vessel.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]



Sec. 175.13   Definitions.

    As used in this subpart:
    (a) ``Personal flotation device'' means a device that is approved by 
the Commandant under 46 CFR Part 160.
    (b) ``PFD'' means ``personal flotation device''.



Sec. 175.15  Personal flotation devices required.

    Except as provided in Sec. 175.17:
    (a) No person may use a recreational vessel unless at least one PFD 
of the following types is on board for each person:
    (1) Type I PFD;
    (2) Type II PFD; or
    (3) Type III PFD.
    (b) No person may use a recreational vessel 16 feet or more in 
length unless one Type IV PFD is on board in addition to the total 
number of PFD's required in paragraph (a) of this section.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD 92-045, 58 FR 
41608, Aug. 4, 1993]



Sec. 175.17  Exemptions.

    (a) A Type V PFD may be carried in lieu of any PFD required under 
Sec. 175.15, provided:

[[Page 681]]

    (1) The approval label on the Type V PFD indicates that the device 
is approved:
    (i) For the activity in which the vessel is being used; or
    (ii) As a substitute for a PFD of the Type required on the vessel in 
use;
    (2) The PFD is used in accordance with any requirements on the 
approval label; and
    (3) The PFD is used in accordance with requirements in its owner's 
manual, if the approval label makes reference to such a manual.
    (b) Canoes and kayaks 16 feet in length and over are exempted from 
the requirements for carriage of the additional Type IV PFD required 
under Sec. 175.15(b).
    (c) Racing shells, rowing sculls, racing canoes and racing kayaks 
are exempted from the requirements for carriage of any Type PFD required 
under Sec. 175.15.
    (d) Sailboards are exempted from the requirements for carriage of 
any Type PFD required under Sec. 175.15.
    (e) Recreational submersibles are exempted from the requirements for 
carriage of any Type PFD required under Sec. 175.15, provided the vessel 
carries for each person on board:
    (1) A USCG approved inflatable PFD for commercial submersibles; or
    (2) A flotation device that provides:
    (i) A minimum of 22 pounds of buoyancy inflated;
    (ii) Has a means of manual inflation that can be activated with one 
quick and positive motion; and
    (iii) Has an inflation chamber that is free from any leaks that can 
be visually detected by holding the device under water.

This exemption will terminate on April 30, 1995, unless sooner 
superseded, rescinded or otherwise terminated.
    (f) Vessels of the United States used by foreign competitors while 
practicing for or racing in competition are exempted from the carriage 
of any PFD required under Sec. 175.15, provided the vessel carries one 
of the sponsoring foreign country's acceptable flotation devices for 
each foreign competitor on board.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993; 58 FR 51576, Oct. 4, 1993, as 
amended by CGD 97-023, 62 FR 33365, June 19, 1997]



Sec. 175.19  Stowage.

    (a) No person may use a recreational boat unless each Type I, II, or 
III PFD required by Sec. 175.15 of this part, or equivalent type allowed 
by Sec. 175.17 of this part, is readily accessible.
    (b) No person may use a recreational boat unless each Type IV PFD 
required by Sec. 175.15 of this part, or equivalent type allowed by 
Sec. 175.17 of this part, is immediately available.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990]



Sec. 175.21  Condition; size and fit; approval marking.

    No person may use a recreational boat unless each PFD required by 
Sec. 175.15 of this part or allowed by Sec. 175.17 of this part is:
    (a) In serviceable condition as provided in Sec. 175.23;
    (b) Of an appropriate size and fit for the intended wearer, as 
marked on the approval label; and
    (c) Legibly marked with its approval number, as specified in 46 CFR 
part 160.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 175.23  Serviceable condition.

    A PFD is considered to be in serviceable condition for purposes of 
Sec. 175.21(a) only if the following conditions are met:
    (a) No PFD may exhibit deterioration that could diminish the 
performance of the PFD, including--
    (1) Metal or plastic hardware used to secure the PFD on the wearer 
that is broken, deformed, or weakened by corrosion;
    (2) Webbings or straps used to secure the PFD on the wearer that are 
ripped, torn, or which have become separated from an attachment point on 
the PFD; or
    (3) Any other rotted or deteriorated structural component that fails 
when tugged.
    (b) In addition to meeting the requirements of paragraph (a) of this 
section, no inherently buoyant PFD, including the inherently buoyant 
components of a hybrid inflatable PFD, may exhibit--

[[Page 682]]

    (1) Rips, tears, or open seams in fabric or coatings, that are large 
enough to allow the loss of buoyant material;
    (2) Buoyant material that has become hardened, non-resilient, 
permanently compressed, waterlogged, oil-soaked, or which shows evidence 
of fungus or mildew; or
    (3) Loss of buoyant material or buoyant material that is not 
securely held in position.
    (c) In addition to meeting the requirements of paragraph (a) of this 
section, an inflatable PFD, including the inflatable components of a 
hybrid inflatable PFD, must be equipped with--
    (1) Except as provided in paragraph (d) of this section, a properly 
armed inflation mechanism, complete with a full inflation medium 
cartridge and all status indicators showing that the inflation mechanism 
is properly armed;
    (2) Inflatable chambers that are all capable of holding air;
    (3) Oral inflation tubes that are not blocked, detached, or broken;
    (4) A manual inflation lanyard or lever that is not inaccessible, 
broken, or missing; and
    (5) Inflator status indicators that are not broken or otherwise non-
functional.
    (d) The inflation system of an inflatable PFD need not be armed when 
the PFD is worn inflated and otherwise meets the requirements of 
paragraphs (a) and (c) of this section.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



                   Subpart C--Visual Distress Signals

    Source: CGD 76-183, 44 FR 73024, Dec. 17, 1979, unless otherwise 
noted.



Sec. 175.101  Applicability.

    (a) This subpart applies, after 31 December 1980, to boats on the 
coastal waters of the United States and on the high seas beyond the 
territorial seas for boats owned in the United States.



Sec. 175.105  Definitions.

    (a) Visual distress signal means a device that is approved by the 
Commandant under 46 CFR Part 160 or certified by the manufacturer under 
46 CFR Parts 160 and 161.
    (b) Coastal waters means:
    (1) The U.S. waters of the Great Lakes (Lake Erie, Huron, Michigan, 
Ontario, and Superior);
    (2) The territorial seas of the United States; and
    (3) Those waters directly connected to the Great Lakes and 
territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.) 
where any entrance exceeds 2 nautical miles between opposite shorelines 
to the first point where the largest distance between shorelines narrows 
to 2 miles, as shown on the current edition of the appropriate National 
Ocean Service chart used for navigation. Shorelines of islands or points 
of land present within a waterway are considered when determining the 
distance between opposite shorelines.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 82-073, 49 FR 
7119, Feb. 27, 1984; 49 FR 20815, May 17, 1984]



Sec. 175.110  Visual distress signals required.

    (a) No person may use a boat 16 feet or more in length or any boat 
carrying six or less passengers unless visual distress signals selected 
from the list in Sec. 175.130 or the alternatives in Sec. 175.135, in 
the number required, are on board. Devices suitable for day use and 
devices suitable for night use, or devices suitable for both day and 
night use, must be carried.
    (b) Between sunset and sunrise, no person may use a boat less than 
16 feet in length unless visual distress signals suitable for night use, 
selected from the list in Sec. 175.130 or Sec. 175.135, in the number 
required, are on board.



Sec. 175.113  Launchers.

    (a) When a visual distress signal carried to meet the requirements 
of Sec. 175.110 requires a launcher to activate, then a launcher 
approved under 46 CFR 160.028 must also be carried.



Sec. 175.115  Exceptions.

    The following persons need not comply with Sec. 175.110; however, 
each must carry on board visual distress signals suitable for night use, 
selected from the list in Sec. 175.130 or Sec. 175.135, in the number 
required, between sunset and sunrise:

[[Page 683]]

    (a) A person competing in any organized marine parade, regatta, 
race, or similar event;
    (b) A person using a manually propelled boat; or
    (c) A person using a sailboat of completely open construction, not 
equipped with propulsion machinery, under 26' in length.



Sec. 175.120  Stowage.

    (a) No person may use a boat unless the visual distress signals 
required by Sec. 175.110 are readily accessible.



Sec. 175.125  Serviceability.

    (a) No person may use a boat unless each signal required by 
Sec. 175.110 is in serviceable condition and the service life of the 
signal, if indicated by a date marked on the signal, has not expired.



Sec. 175.128  Marking.

    (a) No person may use a boat unless each signal required by 
Sec. 175.110 is legibly marked with the approval number or certification 
statement as specified in 46 CFR Parts 160 and 161.



Sec. 175.130  Visual distress signals accepted.

    (a) Any of the following signals, when carried in the number 
required, can be used to meet the requirements of Sec. 175.110:
    (1) An electric distress light meeting the standards of 46 CFR 
161.013. One is required to meet the night only requirement.
    (2) An orange flag meeting the standards of 46 CFR 160.072. One is 
required to meet the day only requirement.
    (3) Pyrotechnics meeting the standards noted in Table 175.130.
    (b) Any combination of signal devices selected from the types noted 
in paragraphs (a) (1), (2) and (3) of this section, when carried in the 
number required, may be used to meet both day and night requirements. 
Examples--the combination of two hand held red flares (160.021), and one 
parachute red flare (160.024 or 160.036) meets both day and night 
requirements. Three hand held orange smoke (160.037) with one electric 
distress light (161.013) meet both day and night requirements.

                Table 175.130--Pyrotechnic Signal Devices               
------------------------------------------------------------------------
Approval                                                                
 number                                                          Number 
under 46      Device description       Meets requirement for    required
   CFR                                                                  
------------------------------------------------------------------------
160.021.  Hand Held Red Flare        Day and Night............         3
           Distress Signals\3\.                                         
160.022.  Floating Orange Smoke      Day Only.................         3
           Distress Signals.                                            
160.024.  Parachute Red Flare        Day and Night \1\........         3
           Distress Signals.                                            
160.036.  Hand-Held Rocket-          Day and Night............         3
           Propelled Parachute Red                                      
           Flare Distress Signals.                                      
160.037.  Hand-Held Orange Smoke     Day Only.................         3
           Distress Signals.                                            
160.057.  Floating Orange Smoke      Day Only.................         3
           Distress Signals.                                            
160.066.  Distress Signal for        Day and Night \2\........         3
           Boats, Red Aerial                                            
           Pyrotechnic Flare.                                           
------------------------------------------------------------------------
\1\ These signals require use in combination with a suitable launching  
  device approved under 46 CFR 160.028.                                 
\2\ These devices may be either meteor or parachute assisted type. Some 
  of these signals may require use in combination with a suitable       
  launching device approved under 46 CFR 160.028.                       
\3\ Must have manufacture date of 1 Oct. 1980 or later.                 

[CGD 81-038-A, 47 FR 24548, June 7, 1982]



Sec. 175.135  Existing equipment.

    (a) The following types of non-approved pyrotechnic devices will be 
acceptable as meeting Sec. 175.110 until 1 July 1982 so long as they 
remain in good and serviceable condition:
    (1) Pyrotechnic aerial red flares, either hand-held or pistol 
projected, for ``day and night'' signal requirement;
    (2) Pyrotechnic hand-held or floating orange smoke, for ``day only'' 
signal requirement;
    (b) Launchers manufactured before 1 January, 1981, which do not have 
approval numbers are acceptable for use with meteor or parachute signals 
listed in Table 175.130 under Sec. 175.130 as long as they remain in 
serviceable condition.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 81-038-A, 47 
FR 24548, June 7, 1982]



Sec. 175.140  Prohibited use.

    No person in a boat shall display a visual distress signal on waters 
to which this subpart applies under any circumstance except a situation 
where

[[Page 684]]

assistance is needed because of immediate or potential danger to the 
persons on board.



                         Subpart D--Ventilation



Sec. 175.201  Ventilation.

    No person may operate a boat built after July 31, 1980, that has a 
gasoline engine for electrical generation, mechanical power, or 
propulsion unless it is equipped with an operable ventilation system 
that meets the requirements of 33 CFR 183.610 (a), (b), (d), (e), and 
(f) and 183.620(a).

[CGD 76-082, 44 FR 73027, Dec. 17, 1979]



PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS--Table of Contents




Sec.
177.01  Purpose and applicability.
177.03  Definitions.
177.04  Order of unsafe condition.
177.05  Action to correct an especially hazardous condition.
177.07  Other unsafe conditions.
177.08  Regulated boating areas.
177.09  Penalties.

    Authority: 46 U.S.C. 4302, 4311; 49 CFR 1.45 and 1.46.

    Source: CGD 72-71R, 37 FR 13347, July 7, 1972, unless otherwise 
noted.



Sec. 177.01   Purpose and applicability.

    This part prescribes rules to implement section 4308 of Title 46 
United States Code which governs the correction of especially hazardous 
conditions on recreational vessels and uninspected passenger vessels on 
waters subject to the jurisdiction of the United States and, for a 
vessel owned in the United States, on the high seas, except operators 
of:
    (a) Foreign boats temporarily using waters subject to United States 
jurisdiction;
    (b) Military or public boats of the United States, except 
recreational-type public boats;
    (c) A boat whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes and which is clearly 
identifiable as such;
    (d) Ship's lifeboats.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CGD 84-099, 52 FR 
47534, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 21, 1988]



Sec. 177.03   Definitions.

    As used in this part:
    (a) [Reserved]
    (b) Boat means any vessel:
    (1) Manufactured or used primarily for noncommercial use; or
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Engaged in the carrying of six or fewer passengers.
    (c) Coast Guard Boarding Officer means a commissioned, warrant, or 
petty officer of the Coast Guard having authority to board any vessel 
under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 
89).
    (d) Operator means the person who is in control or in charge of a 
boat while it is in use.
    (e) Use means operate, navigate, or employ.
    (f) Vessel includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on the water.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 84-099, 52 FR 
47534, Dec. 14, 1987]



Sec. 177.04  Order of unsafe condition.

    (a) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority, under 46 U.S.C. 4308, to issue 
orders applicable to a specific boat within the District Commander's 
jurisdiction designating that boat unsafe for a specific voyage on a 
specific body of water when it is determined, under the provisions of 
Sec. 177.07(g), that an unsafe condition exists.
    (b) Each order issued by a Coast Guard District Commander under the 
provisions of paragraph (a) of this section will contain:
    (1) Notice that the person upon whom the order is served has the 
right under the Administrative Procedure Act (5 U.S.C. 553(e)), to 
petition for reconsideration and repeal of the order;

[[Page 685]]

    (2) Full title and address of the Coast Guard District Commander to 
whom the petition is to be submitted; and
    (3) Notice that the petition should contain:
    (i) The text or substance of the order which the petitioner seeks to 
have reconsidered and repealed;
    (ii) A statement of the action sought by the petitioner;
    (iii) Whatever arguments or data that are available to the 
petitioner to support the action sought; and
    (iv) An advisement that if the petitioner desires reconsideration 
and repeal of the rule before a specific date, the petition should so 
state and give reasons why action by that date is necessary.
    (c) If a Coast Guard District Commander determines that a petition 
submitted under the provisions of paragraph (b) of this section contains 
adequate justification, the District Commander will initiate prompt 
action to repeal the order. If the District Commander determines that 
repeal of the order is not justified, the District Commander will issue 
prompt written notice of denial to the petitioner.

[CGD 95-057, 60 FR 34150, June 30, 1995]



Sec. 177.05   Action to correct an especially hazardous condition.

    An operator of a boat who is directed by a Coast Guard Boarding 
Officer to take immediate and reasonable steps necessary for the safety 
of those aboard the vessel, under section 4308 of Title 46, United 
States Code, shall follow the direction of the Coast Guard Boarding 
Officer, which may include direction to:
    (a) Correct the especially hazardous condition immediately;
    (b) Proceed to a mooring, dock, or anchorage; or
    (c) Suspend further use of the boat until the especially hazardous 
condition is corrected.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 84-099, 52 FR 
47534, Dec. 14, 1987]



Sec. 177.07   Other unsafe conditions.

    For the purpose of section 4308 of Title 46, United States Code, 
``other unsafe condition'' means a boat:
    (a) Does not display between sunset and sunrise the navigation 
lights prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland 
waters of the United States, the Inland Navigational Rules Act of 1980 
(Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);
    (b) That is operated by an individual who is apparently intoxicated, 
as defined in Sec. 95.020 of this chapter, to the extent that, in the 
boarding officer's discretion, the continued operation of the vessel 
would create an unsafe condition.
    (c) Has a fuel leakage from either the fuel system or engine, or has 
an accumulation of fuel in the bilges.
    (d) Does not meet the applicable ventilation requirements for tanks 
and engine spaces prescribed by 46 CFR 25.40 (which applies to certain 
boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR 
Part 183 (which applies to boats built after July 31, 1980);
    (e) Does not meet the requirements for backfire flame control 
prescribed by 46 CFR 25.35; or
    (f) Is operated in a Regulated Boating Area as described in 
Sec. 177.08 when:
    (1) The wave height within the Regulated Boating Area is 4 feet or 
greater; or
    (2) The wave height within the Regulated Boating Area is equal to or 
greater than the wave height determined by the formula

                                L/10+F=W

where:
L=Overall length of a boat measured in feet in a straight horizontal 
line along and parallel with the centerline between the intersections of 
this line with the vertical planes of the stem and stern profiles 
excluding deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowest point 
along the upper strake edge to the surface of the water.
W=Maximum wave height in feet to the nearest highest whole number; or

    (3) The surface current is 4 knots or greater within the Regulated 
Boating Area.
    (g) Designated manifestly unsafe for a specific voyage on a specific 
body of water due to:

[[Page 686]]

    (1) Unsuitable design or configuration, or
    (2) Improper construction or inadequate material condition, or
    (3) Improper or inadequate operational or safety equipment, and set 
forth in an order issued by a District Commander according to the 
provisions of Sec. 177.04.

[CGD 72-71R, 37 FR 13347, July 7, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 177.07, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 177.08   Regulated boating areas.

    For the purpose of this part, the following are regulated boating 
areas.

    Note: Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

    (a) Quillayute River Entrance, Wash. From the west end of James 
Island 47 deg.54'23'' N., 124 deg.39'05'' W. southward to buoy No. 2 at 
47 deg.53'42'' N., 124 deg.38'42'' W. eastward to the shoreline at 
47 deg.53'42'' N., 124 deg.37'51'' W., thence northward along the 
shoreline to 47 deg.54'29'' N., 124 deg.38'20'' W. thence northward to 
47 deg.54'36'' N., 124 deg.38'22'' W. thence westward to the beginning.
    (b) Grays Harbor Entrance, Wash. From a point on the shoreline at 
46 deg. 59'00'' N., 124 deg.10'10'' W. westward to 46 deg.59'00'' N., 
124 deg.15'30'' W. thence southward to 46 deg.51'00'' N., 
124 deg.15'30'' W. thence eastward to a point on the shoreline at 
46 deg.51'00'' N., 124 deg.06'40'' W. thence northward along the 
shoreline to a point at the south jetty 46 deg.54'20'' N., 
124 deg.08'07'' W. thence eastward to 46 deg.54'10'' N., 124 deg.05'00'' 
W. thence northward to 46 deg.55'00'' N., 124 deg.03'30'' W. thence 
northwestward to Damon Point at 46 deg.56'50'' N., 124 deg.06'30'' W. 
thence westward along the north shoreline of the harbor to the north 
jetty at 46 deg.55'40'' N., 124 deg.10'27'' W. thence northward along 
the shoreline to the beginning.
    (c) Willapa Bay, Wash. From a point on the shoreline at 
46 deg.46'00'' N., 124 deg.05'40'' W. westward to 46 deg.44'00'' N., 
124 deg.10'45'' W. thence eastward to a point on the shoreline at 
46 deg.35'00'' N., 124 deg.03'45'' W. thence northward aling the 
shoreline around the north end of Leadbetter Point thence southward 
alone the east shoreline of Leadbetter Point to 46 deg.36'00'' N., 
124 deg.02'15'' W. thence eastward to 46 deg.36'00'' N., 124 deg.00'00'' 
W. thence northward to Toke point at 46 deg.42'15'' N., 123 deg.58'00'' 
W. thence westward along the north shoreline of the harbor and northward 
along the seaward shoreline to the beginning.
    (d) Columbia River Bar, Wash.-Oreg. From a point on the shoreline at 
46 deg.18'00'' N., 124 deg.04'39'' W. thence westward to 46 deg.18'00'' 
N., 124 deg.09'30'' W. thence southward to 46 deg.12'00'' N., 
124 deg.09'30'' W. thence eastward to a point on the shoreline at 
46 deg.12'00'' N., 123 deg. 59'33'' W. thence eastward to Tansy Point 
Range Front Light at 46 deg.11'16'' N., 123 deg.55'05'' W.; thence 
northward to Chinook Point at 46 deg.15'08'' N., 123 deg.55'25'' W. 
thence northwestward to the north end of Sand Island at 46 deg.17'29'' 
N., 124 deg.01'25'' W. thence southwestward to a point on the north 
shoreline of the harbor at 46 deg.16'25'' N., 124 deg.02'28'' W. thence 
northwestward and southwestward along the north shoreline of the harbor 
and northward along the seaward shoreline to the beginning.
    (e) Nehalem River Bar, Oreg. From a point on the shoreline 
45 deg.41'25'' N., 123 deg.56'16'' W. thence westward 45 deg.41'25'' N., 
123 deg.59'00'' W. thence southward to 45 deg.37'25'' N., 
123 deg.59'00'' W. thence eastward to a point on the shoreline at 
45 deg.37'25'' N., 123 deg.56'38'' W. thence northward along the 
shoreline to the north end of the south jetty at 45 deg.39'40'' N., 
123 deg.55'45'' W. thence westward to a point on the shoreline at 
45 deg.39'45'' N., 123 deg.56'19'' W. thence northward along the 
shoreline to the beginning.
    (f) Tillamook Bay Bar, Oreg. From a point on the shoreline at 
45 deg.35'15'' N., 123 deg.57'05'' W. thence westward 45 deg.35'15'' N., 
124 deg.00'00'' W. thence southward to 45 deg.30'00'' N., 
124 deg.00'00'' W. thence eastward to a point on the shoreline at 
45 deg.30'00'' N., 123 deg.57'40'' W. thence northward along the 
shoreline to the north end of Kincheloe Point at 45 deg.33'30'' N., 
123 deg.56'05'' W. thence northward to a

[[Page 687]]

point on the north shoreline of the harbor at 45 deg.33'40'' N., 
123 deg.55'59'' W. thence westward along the north shoreline of the 
harbor then northward along the seaward shoreline to the beginning.
    (g) Netarts Bay Bar, Oreg. From a point on the shoreline at 
45 deg.28'05'' N. thence westward to 45 deg.28'05'' N., 124 deg.00'00'' 
W. thence southward to 45 deg.24'00'' N., 124 deg.00'00'' W. thence 
eastward to a point on the shoreline at 45 deg.24'00'' N., 
123 deg.57'45'' W. thence northward along the shoreline to 
45 deg.26'03'' N., 123 deg.57'15'' W. thence eastward to a point on the 
north shoreline of the harbor at 45 deg.26'00'' N., 123 deg.56'57'' W. 
thence northward along the shoreline to the beginning.
    (h) Siletz Bay Bar, Oreg. From a point on the shoreline at 
44 deg.56'32'' N., 124 deg.01'29'' W. thence westward to 44 deg.56'32'' 
N., 124 deg.03'00'' W. thence southward to 44 deg.54'40'' N., 
124 deg.03'15'' W. thence eastward to a point on the shoreline at 
44 deg.54'40'' N., 124 deg.01'55'' W. thence northward along the 
shoreline to 44 deg.55'35'' N., 124 deg.01'25'' W. thence northward to a 
point on the north shoreline of the harbor at 44 deg.55'45'' N., 
124 deg.01'20'' W. thence westward and northward along the shoreline to 
the beginning.
    (i) Depoe Bay Bar, Oreg. From a point on the shoreline at 
44 deg.49'15'' N., 124 deg.04'00'' W. thence westward to 44 deg.49'15'' 
N., 124 deg.04'35'' W. thence southward to 44 deg.47'55'' N., 
124 deg.04'55'' W. thence eastward to a point on the shoreline at 
44 deg.47'53'' N., 124 deg.04'25'' W. thence northward along the 
shoreline and eastward along the south bank of the entrance channel to 
the highway bridge thence northward to the north bank at the bridge 
thence westward along the north bank of the entrance channel and 
northward along the seaward shoreline to the beginning.
    (j) Yaquina Bay Bar, Oreg. From a point on the shoreline at 
44 deg.38'11'' N., 124 deg.03'47'' W. thence westward to 44 deg.38'11'' 
N., 124 deg.05'55'' W. thence southward to 44 deg.35'15'' N., 
124 deg.06'05'' W. thence eastward to a point on the shoreline at 
44 deg.35'15'' N., 124 deg.04'02'' W. thence northward along the 
shoreline and eastward along the south bank of the entrance channel to 
the highway bridge thence northward to the north bank of the entrance 
channel at the bridge thence westward along the north bank of the 
entrance channel and northward along the seaway shoreline to the 
beginning.
    (k) Siuslaw River Bar, Oreg. From a point on the shoreline at 
44 deg.02'00'' N., 124 deg.08'00'' W. thence westward to 44 deg.02'00'' 
N., 124 deg.09'30'' W. thence southward to 44 deg.00'00'' N., 
124 deg.09'30'' W. thence eastward to a point on the shoreline at 
44 deg.00'00'' N., 124 deg.08'12'' W. thence northward along the 
shoreline and southward along the west bank of the entrance channel to 
44 deg.00'35'' N., 124 deg.07'48'' W. thence southeastward to a point on 
the east bank of the entrance channel at 44 deg.00'20'' N., 
124 deg.07'31'' W. thence northward along the east bank of the entrance 
channel and northward along the seaward shoreline to the beginning.
    (l) Umpqua River Bar, Oreg. From a point on the shoreline at 
43 deg.41'20'' N., 124 deg.11'58'' W. thence westward to 43 deg.41'20'' 
N., 124 deg.13'32'' W. thence southward to 43 deg.38'35'' N., 
124 deg.14'25'' W. thence eastward to a point on the shoreline at 
43 deg.38'35'' N., 124 deg.12'35'' W. thence northward along the 
shoreline to the north end of the training jetty at 43 deg.40'15'' N., 
124 deg.11'45'' W. thence northward to a point on the west bank of the 
entrance channel at 43 deg.40'40'' N., 124 deg.11'41'' W. thence 
southwestward along the west bank of the entrance channel thence 
northward along the seaward shoreline to the beginning.
    (m) Coos Bay Bar, Oreg. From a point on the shoreline at 
43 deg.22'15'' N., 124 deg.19'34'' W. thence westward to 43 deg.22'20'' 
N., 124 deg.22'28'' W. thence southwestward to 43 deg.21'00'' N., 
124 deg.23'35'' W. thence southeastward to a point on the shoreline at 
43 deg.20'25'' N., 124 deg.22'28'' W. thence northward along the 
shoreline and eastward along the south shore of the entrance channel to 
a point on the shoreline at 43 deg.20'52'' N., 124 deg.19'12'' W. thence 
eastward to a point on the east shoreline of the harbor at 
43 deg.21'00'' N., 124 deg.18'50'' W. thence northward to a point on the 
west shoreline of the harbor at 43 deg.21'45'' N., 124 deg.19'10'' W. 
thence south and west along the west shoreline of the harbor thence 
northward along the seaward shoreline to the beginning.
    (n) Coquille River Bar, Oreg. From a point on the shoreline at 
43 deg.08'25'' N., 124 deg.25'04'' W. thence southwestward to 
43 deg.07'50'' N., 124 deg.27'05'' W. thence southwestward to 
43 deg.07'03'' N., 124 deg.28'25'' W.

[[Page 688]]

thence eastward to a point on the shoreline at 43 deg.06'00'' N., 
124 deg.25'55'' W. thence northward along the shoreline and eastward 
along the south shoreline of the channel entrance to 43 deg.07'17'' N., 
124 deg.25'00'' W. thence northward to the east end of the north jetty 
at 43 deg.07'24'' N., 124 deg.24'59'' W. thence westward along the north 
shoreline of the entrance channel and northward along the seaward 
shoreline to the beginning.
    (o) Rogue River Bar, Oreg. From a point on the shoreline at 
42 deg.26'25'' N., 124 deg.26'03'' W. thence westward to 42 deg.26'10'' 
N., 124 deg.27'05'' W. thence southward to 42 deg.24'15'' N., 
124 deg.27'05'' W. thence eastward to a point on the shoreline at 
42 deg.24'15'' N., 124 deg.25'30'' W. thence northward along the 
shoreline and eastward along the south shoreline of the entrance channel 
to the highway bridge thence northward across the inner harbor jetty to 
a point on the north shoreline of the entrance channel at the highway 
bridge thence westward along the north shoreline of the entrance channel 
thence northward along the seaward shoreline to the beginning.
    (p) Chetco River Bar, Oreg. From a point on the shoreline at 
42 deg.02'35'' N., 124 deg.17'20'' W. thence southeastward to 
42 deg.01'45'' N., 124 deg.16'30'' W. thence northwestward to a point on 
the shoreline at 42 deg.02'10'' N., 124 deg.15'35'' W. thence 
northwestward along the shoreline thence northward along the east 
shoreline of the channel entrance to 42 deg.02'47'' N., 124 deg.16'03'' 
W. thence northward along the west face of the inner jetty and east 
shoreline of the channel entrance to the highway bridge thence westward 
to the west shoreline of the channel at the highway bridge thence 
southward along the west shoreline of the channel thence westward along 
the seaward shoreline to the beginning.

[CGD 73-41R, 39 FR 2583, Jan. 23, 1974, as amended by CGD 86-082, 52 FR 
33812, Sept. 8, 1987]



Sec. 177.09  Penalties.

    An operator of a vessel who does not follow the directions of a 
Coast Guard Boarding Officer prescribed in Sec. 177.05 is, in addition 
to any other penalty prescribed by law, subject to--
    (a) The criminal penalties of 46 U.S.C. 4311, which provides that a 
person willfully operating a recreational vessel in violation of 46 
U.S.C., Chapter 43 or regulations issued thereunder, shall be fined not 
more than $5,000, imprisoned for not more than one year, or both.
    (b)(1) The civil penalties for violating 46 U.S.C. 4307(a)(1).
    (2) The civil penalties of 46 U.S.C. 4311, which provides that a 
person violating any other provision of 43 U.S.C., Chapter 43 or 
regulation issued thereunder is liable to the United States Government 
for a civil penalty, and, if the violation involves the operation of a 
vessel, the vessel is liable in rem for the penalty.

[CGD 96-052, 62 FR 16703, Apr. 8, 1997



PART 179--DEFECT NOTIFICATION--Table of Contents




Sec.
179.01  Purpose.
179.03  Definitions.
179.05  Manufacturer discovered defects.
179.07  Notice given by ``more expeditious means.''
179.09  Contents of notification.
179.11  Defects determined by the Commandant.
179.13  Initial report to the Commandant.
179.15  Follow-up report.
179.17  Penalties.
179.19  Address of the Commandant.

    Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311; 49 
CFR 1.46.

    Source: CGD 72-55R, 37 FR 15776, Aug. 4, 1972, unless otherwise 
noted.



Sec. 179.01  Purpose.

    This part prescribes rules to implement 46 U.S.C. 4310, governing 
the notification of defects in boats and associated equipment.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.03  Definitions.

    Associated equipment means the following equipment as shipped, 
transferred, or sold from the place of manufacture and includes all 
attached parts and accessories:
    (1) An inboard engine.
    (2) An outboard engine.
    (3) A stern drive unit.
    (4) An inflatable personal flotation device approved under 46 CFR 
160.076.
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;

[[Page 689]]

    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Engaged in the carrying of six or fewer passengers.
    Manufacturer means any person engaged in--
    (1) The manufacture, construction, or assembly of boats or 
associated equipment;
    (2) The manufacture or construction of components for boats and 
associated equipment to be sold for subsequent assembly; or
    (3) The importation into the United States for sale of boats, 
associated equipment, or components thereof.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.05  Manufacturer discovered defects.

    Each manufacturer who is required to furnish a notice of a defect or 
failure to comply with a standard or regulation under 46 U.S.C. 4310(b), 
shall furnish that notice within 30 days after the manufacturer 
discovers or acquires information of the defect or failure to comply.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.07  Notice given by ``more expeditious means''.

    Each manufacturer who gives notice by more expeditious means as 
provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in 
writing.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.09   Contents of notification.

    Each notice required under 46 U.S.C. 4310(b) must include the 
following additional information:
    (a) The name and address of the manufacturer.
    (b) Identifying classifications including the make, model year, if 
appropriate, the inclusive dates (month and year) of the manufacture, or 
serial numbers and any other data necessary to describe the boats or 
associated equipment that may be affected.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 179.11  Defects determined by the Commandant.

    A manufacturer who is informed by the Commandant under 46 U.S.C. 
4310(f) that a boat or associated equipment contains a defect relating 
to safety or failure to comply with a standard or regulation issued 
under the authority of 46 U.S.C. 4302, shall within 30 days of receipt 
of the information--
    (a) Furnish the notification described in 46 U.S.C. 4310(d) to the 
persons designated in 46 U.S.C. 4310(c), or
    (b) Provide information to the Commandant by certified mail stating 
why the manufacturer believes there is no defect relating to safety or 
failure of compliance.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.13   Initial report to the Commandant.

    (a) When a manufacturer gives a notification required under 46 
U.S.C. 4310, the manufacturer shall concurrently send to the Commandant 
by certified mail--
    (1) A true or representative copy of each notice, bulletin, and 
other communication given to persons required to be notified under 46 
U.S.C. 4310(c);
    (2) The manufacturer's best estimate of the total number of boats or 
items of associated equipment potentially affected by the defect or 
failure to comply with a standard or regulation prescribed under 46 
U.S.C. 4302; and
    (3) If discovered or determined by the manufacturer, a chronology of 
all principal events upon which the determination is based.
    (b) A manufacturer may submit an item required by paragraph (a) of 
this section that is not available at the time of submission to the 
Commandant when it becomes available if the manufacturer explains why it 
was not submitted within the time required and estimates when it will 
become available.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 179.15   Follow-up report.

    (a) Each manufacturer who makes an initial report required by 
Sec. 179.13 shall submit a follow-up report to the Commandant by 
certified mail within 60

[[Page 690]]

days after the initial report. The follow-up report must contain at 
least the following information:
    (1) A positive identification of the initial report;
    (2) The number of units in which the defect was discovered as of the 
date of the follow-up report;
    (3) The number of units in which corrective action has been 
completed as of the date of the follow-up report;
    (4) The number of first purchasers not notified because of an out-
of-date name or address, or both; and
    (5) An updating of the information required by Sec. 179.13.
    (b) Each manufacturer shall submit any additional follow-up reports 
requested by the Commandant.



Sec. 179.17  Penalties.

    Each manufacturer who fails to comply with a provision of 46 U.S.C. 
4310 or the regulations in this part, is subject to the penalties as 
prescribed in 46 U.S.C. 4311.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.19  Address of the Commandant.

    (a) Each report and communication sent to the Coast Guard and 
required by this part concerning boats and associated equipment other 
than inflatable personal flotation devices, must be submitted to 
Commandant (G-OPB-3), U.S. Coast Guard, 2100 Second St., SW., 
Washington, DC 20593-0001.
    (b) Each report and communication sent to the Coast Guard and 
required by this part concerning inflatable personal flotation devices, 
must be submitted to Commandant (G-MSE-4), U.S. Coast Guard, 2100 Second 
St. SW., Washington, DC 20593-0001.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-026, 61 FR 36629, July 
12, 1996]



PART 181--MANUFACTURER REQUIREMENTS--Table of Contents




                           Subpart A--General

Sec.
181.1  Purpose and applicability.
181.3  Definitions.
181.4  Incorporation by reference.

           Subpart B--Manufacturer Certification of Compliance

181.5  Purpose and applicability.
181.7  Compliance certification label required.
181.9  Affixing labels.
181.11  Exceptions to labeling requirement.
181.13  Removal of labels.
181.15  Contents of labels.
181.17  Label numbers and letters.
181.19  Construction of labels.

                   Subpart C--Identification of Boats

181.21  Purpose, applicability and effective date.
181.23  Hull identification numbers required.
181.25  Hull identification number format.
181.27  Information displayed near hull identification number.
181.29  Hull identification number display.
181.31  Manufacturer identification code assignment.
181.33  Conditions for use of manufacturer identification codes.
181.35  Removal of numbers.

                        Subparts D-F--[Reserved]

     Subpart G--Instruction Pamphlet for Personal Flotation Devices

181.701  Applicability.
181.702  Information pamphlet: requirement to furnish.
181.703  Information pamphlet: Contents.
181.704  Contents of information pamphlet: recreational hybrid PFD.
181.705  Contents of information pamphlet: recreational inflatable PFD.

    Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.

    Source: CGD 72-60, 37 FR 15779, Aug. 4, 1972, unless otherwise 
noted.



                           Subpart A--General



Sec. 181.1   Purpose and applicability.

    This part prescribes requirements for the certification of boats and 
associated equipment and identification of boats to which 46 U.S.C. 
Chapter 43 applies.

[CGD 85-002, 51 FR 37573, Oct. 23, 1986]



Sec. 181.3  Definitions.

    As used in this part:
    Associated equipment means:
    (1) Any system, part, or component of a boat as originally 
manufactured or

[[Page 691]]

any similar part or component manufactured or sold for replacement, 
repair, or improvement of such system, part, or component;
    (2) Any accessory or equipment for, or appurtenance to, a boat; and
    (3) Any marine safety article, accessory, or equipment intended for 
use by a person on board a boat; but
    (4) Excluding radio equipment.
    Boat means any vessel manufactured or used primarily for 
noncommercial use; leased, or rented, or chartered to another for the 
latter's noncommercial use; or engaged in the carrying of six or fewer 
passengers.
    Date of certification means the date on which a boat or item of 
associated equipment is certified to comply with all applicable U.S. 
Coast Guard safety standards in effect on that date.
    Date of manufacture means the month and year during which 
construction or assembly of a boat or item of associated equipment 
begins.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of boats or 
associated equipment; or
    (2) The importation into the United States for sale of boats, 
associated equipment, or components thereof.
    Model year means the period beginning August 1 of any year and 
ending on July 31 of the following year. Each model year is designated 
by the year in which it ends.
    Private label merchandiser means any person engaged in the business 
of selling and distributing, under his own trade name, boats, or items 
of associated equipment manufactured by another.

[CGD 96-026, 61 FR 33669, June 28, 1996; 61 FR 36786, July 12, 1996]



Sec. 181.4  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a). To enforce any edition other than the one listed 
in paragraph (b) of this section, notice of change must be published in 
the Federal Register and the material made available to the public. All 
approved material is on file at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC, and at the 
Lifesaving and Fire Safety Standards Division (G-MSE-4), 2100 Second 
Street, SW., Washington, DC 20593-0001, and is available from the 
sources listed in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
part, and the sections affected are:

                     Underwriters Laboratories, Inc.

    333 Pfingsten Road, Northbrook, IL 60062.
UL 1123, Marine Buoyant Devices, 181.703.
    February 17, 1995.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD 93-055, 61 FR 
13927, Mar. 28, 1996; CGD 96-026, 61 FR 33669, June 28, 1996]



           Subpart B--Manufacturer Certification of Compliance



Sec. 181.5   Purpose and applicability.

    This subpart prescribes requirements for the certification of boats 
and associated equipment to which 46 U.S.C. Chapter 43 applies and to 
which a safety standard prescribed in Part 183 of this chapter applies.

[CGD 85-002, 51 FR 37573, Oct. 23, 1986]



Sec. 181.7   Compliance certification label required.

    Unless there is affixed to it a certification label that contains 
the information required by Sec. 181.15:
    (a) No person who manufactures, constructs, or assembles a boat or 
associated equipment may deliver that boat or equipment for the purpose 
of sale;
    (b) No person may import into the United States any boat or 
associated equipment; and
    (c) No person engaged in the business of selling or distributing 
boats or associated equipment may sell or offer for sale any boat or 
associated equipment.



Sec. 181.9   Affixing labels.

    (a) Each manufacturer of a boat or item of associated equipment to 
which a standard or regulation prescribed in Part 183 of this chapter 
applies shall affix a certification label that contains the information 
required by Sec. 181.15 to that boat or equipment before it:
    (1) Leaves the place of manufacture for the purpose of sale; or
    (2) Is imported.

[[Page 692]]

    (b) The manufacturer of a boat or item of associated equipment that 
is sold to a private label merchandiser may, at the option of the 
private label merchandiser, affix a certification label identifying the 
private label merchandiser as the manufacturer before the boat or item 
of associated equipment leaves the place of manufacture.



Sec. 181.11   Exceptions to labeling requirement.

    (a) This part does not apply to boats or associated equipment 
intended solely for export, and so labeled, tagged, or marked on the 
boat or equipment and on the outside of the container, if any, which is 
exported.
    (b) If an item of associated equipment is so small that a 
certification label that meets the requirements in Sec. 181.15 cannot be 
affixed to it, a certification label that contains the information 
required by Sec. 181.15 may be printed on the smallest container in 
which the item is packed or on a slip packed with the item.
    (c) This subpart does not apply to any outboard motor or starting 
control to which Sec. 183.710 of this chapter applies.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 79-137, 46 FR 
3515, Jan. 15, 1981; 46 FR 9579, Jan. 29, 1981]



Sec. 181.13   Removal of labels.

    No person may remove a label required by this part or remove or 
alter any information on a label required by this part, unless 
authorized by the Commandant.



Sec. 181.15   Contents of labels.

    (a) Each label required by Sec. 181.7 must contain:
    (1) The name and address of the manufacturer or private label 
merchandiser who certifies that the boat or item of associated equipment 
complies with the standards prescribed in Part 183 of this subchapter; 
and
    (2) Except as provided in paragraph (c) of this section, the words:
    (i) ``This (insert `Boat' or `Equipment') Complies With U.S. Coast 
Guard Safety Standards In Effect On (insert date of certification as 
prescribed in paragraph (b) of this section)''; or
    (ii) If the item being certified is a boat or boat hull, the label 
may show the words, ``This Boat Complies With U.S. Coast Guard Safety 
Standards In Effect On The Date of Certification.''
    (b) Date of certification must be no earlier than the date on which 
construction or assembly began and no later than the date on which the 
boat or item of associated equipment leaves the place of manufacture or 
assembly or import for the purposes of sale.
    (c) [Reserved]
    (d) Except as provided in paragraph (e) of this section, the 
manufacturer may, in addition to the information required by paragraphs 
(a) and (b) of this section, display on the certification label any or 
all of the following information:
    (1) Model name or designation.
    (2) Hull identification number (if a boat) or serial number (if an 
item of associated equipment).
    (3) Model year.
    (e) Display of the hull identification number on the certification 
label does not satisfy the display requirements of Sec. 181.29.
    (f) Each boat which displays a maximum horsepower capacity 
determined in accordance with Sec. 183.53(b) must, in addition to the 
information required by paragraphs (a), (b) and (d) of this section, 
display on the certification label, the following statement in letters 
no less than one-quarter of an inch in height:
    THIS BOAT IS INTENDED FOR RACING AND OTHER HIGH PERFORMANCE 
ACTIVITIES. THE SKILL REQUIRED MAY EXCEED THE ABILITIES OF SOME 
OPERATORS.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 83-012, 49 FR 
39327, Oct. 5, 1984; CGD 85-002, 51 FR 37573, Oct. 23, 1986]



Sec. 181.17   Label numbers and letters.

    Letters and numbers on each label must:
    (a) Be no less than one-eighth of an inch in height; and
    (b) Contrast with the basic color of the label, except that the date 
of certification may be permanently stamped, engraved, or embossed on 
the label.

[[Page 693]]



Sec. 181.19   Construction of labels.

    (a) Each label must be made of material that can withstand exposure 
to water, oil, salt spray, direct sunlight, heat, cold, and wear 
expected in normal use of the boat or item of associated equipment 
without deterioration of legibility.
    (b) Each label must be made of material that shows visible traces of 
the alteration or removal of information on the label.



                   Subpart C--Identification of Boats

    Source: CGD 79-013, 48 FR 40718, Sept. 9, 1983, unless otherwise 
noted.



Sec. 181.21  Purpose, applicability and effective dates.

    (a) This subpart prescribes the requirements for identification of 
boats to which section 4 of the Federal Boat Safety Act of 1971 applies.
    (b) These amendments are effective on August 1, 1984, however, a 
manufacturer may voluntarily comply with this regulation on January 1, 
1984.



Sec. 181.23  Hull identification numbers required.

    (a) A manufacturer (or importer), as defined in Sec. 181.3 of this 
part, must identify each boat produced or imported with two hull 
identification numbers that meet the requirements of this subpart:
    (1) A primary hull identification number affixed in accordance with 
Secs. 181.29(a) and (c) of this subpart; and
    (2) A duplicate hull identification number affixed in accordance 
with Secs. 181.29(b) and (c) of this subpart.
    (b) A person who builds or imports a boat for his or her own use and 
not for the purposes of sale, must identify that boat with two hull 
identification numbers that meet the requirements of this subpart.
    (c) No person may assign the same hull identification number to more 
than one boat.



Sec. 181.25  Hull identification number format.

    Each of the hull identification numbers required by Sec. 181.23 must 
consist of twelve characters, uninterrupted by slashes, hyphens, or 
spaces, as follows:
    (a) The first three characters must be a manufacturer identification 
code assigned under Sec. 181.31(a) or the importer designation assigned 
under Sec. 181.31(b).
    (b) Characters four through eight must be a serial number assigned 
by the manufacturer in letters of the English alphabet, or Arabic 
numerals, or both, except the letters I, O, and Q.
    (c) Characters nine and ten must indicate the month and year of 
certification when a date of certification is required. In all other 
cases characters nine and ten must indicate the date of manufacture. The 
date indicated can be no earlier than the date construction or assembly 
began and no later than the date the boat leaves the place of 
manufacture or assembly or is imported into the United States for the 
purposes of sale. Character nine must be indicated using letters of the 
English alphabet. The first month of the year, January, must be 
designated by the letter ``A'', the second month, February, by the 
letter ``B'', and so on until the last month of the year, December. 
Character ten must be the last digit of the year of manufacture or 
certification and must be an Arabic numeral.
    (d) Characters eleven and twelve must indicate the model year using 
Arabic numerals for the last two numbers of the model year such as 
``82'' for 1982 and ``83'' for 1983.



Sec. 181.27  Information displayed near hull identification number.

    If additional information is displayed on the boat within two inches 
of the hull identification number, that information must be separated 
from the hull identification number by means of borders or must be on a 
separate label so that it will not be interpreted as part of the hull 
identification number.



Sec. 181.29  Hull identification number display.

    Two identical hull identification numbers are required to be 
displayed on each boat hull.
    (a) The primary hull identification number must be affixed--
    (1) On boats with transoms, to the starboard outboard side of the 
transom within two inches of the top of the

[[Page 694]]

transom, gunwale, or hull/deck joint, whichever is lowest.
    (2) On boats without transoms or on boats on which it would be 
impractical to use the transom, to the starboard outboard side of the 
hull, aft, within one foot of the stern and within two inches of the top 
of the hull side, gunwale or hull/deck joint, whichever is lowest.
    (3) On catamarans and pontoon boats which have readily replaceable 
hulls, to the aft crossbeam within one foot of the starboard hull 
attachment.
    (4) If the hull identification number would not be visible, because 
of rails, fittings, or other accessories, the number must be affixed as 
near as possible to the location specified in paragraph (a) of this 
section.
    (b) The duplicate hull identification number must be affixed in an 
unexposed location on the interior of the boat or beneath a fitting or 
item of hardware.
    (c) Each hull identification number must be carved, burned, stamped, 
embossed, molded, bonded, or otherwise permanently affixed to the boat 
so that alteration, removal, or replacement would be obvious. If the 
number is on a separate plate, the plate must be fastened in such a 
manner that its removal would normally cause some scarring of or damage 
to the surrounding hull area. A hull identification number must not be 
attached to parts of the boat that are removable.
    (d) The characters of each hull identification number must be no 
less than one-fourth of an inch high.

[CGD 79-013, 48 FR 40718, Sept. 19, 1983; 48 FR 53558, Nov. 28, 1983]



Sec. 181.31  Manufacturer identification code assignment.

    (a) Each person required by Sec. 181.23 to affix hull 
identifications numbers must request a manufacturer identification code 
in writing from the Recreational Boating Product Assurance Division, 
2100 Second Street SW., Washington, DC 20593-0001. The request must 
indicate the manufacturer's name and U.S. address along with the general 
types and lengths of boats that will be manufactured.
    (b) For boats manufactured outside of the jurisdiction of the United 
States, a U.S. importer must obtain a manufacturer identification code 
as required by paragraph (a) of this section. The request of an 
importer, as defined in Sec. 181.3 of this subpart, must indicate the 
importer's name and U.S. address along with a list of the manufacturers, 
their addresses, and the general types and sizes of boats that will be 
imported. If a nation has a hull identification number system which has 
been accepted by the U.S. Coast Guard for the purpose of importing 
boats, it may be used by the importer instead of the one specified 
within this subpart. To request a list of those nations having such a 
numbering system, write to the Recreational Boating Product Assurance 
Division, 2100 Second Street SW., Washington, DC 20593-0001.
    (c) Persons who are required to identify boats under Sec. 181.23(b) 
must obtain the required hull identification number from the State 
Boating Law Administrator of the State where the boat will be 
principally used, or, if the State Boating Law Administrator does not 
assign these numbers, from the Coast Guard District office in the area 
of principal use.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996]



Sec. 181.33  Conditions for use of manufacturer identification codes.

    (a) No manufacturer or importer may sell or transfer a manufacturer 
identification code or use a manufacturer identification code that has 
been assigned to another.
    (b) A manufacturer or importer who changes the business name or 
address must advise the Recreational Boating Product Assurance Division, 
2100 Second Street SW., Washington, DC 20593-0001 of the change in 
writing.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996]



Sec. 181.35  Removal of numbers.

    No person may remove or alter a number required by this subpart 
unless authorized by the Commandant, U.S. Coast Guard.

[[Page 695]]



                        Subparts D-F--[Reserved]



     Subpart G--Instruction Pamphlet for Personal Flotation Devices

    Source: CGD 75-008a, 43 FR 9767, Mar. 9, 1978, unless otherwise 
noted.



Sec. 181.701  Applicability.

    This subpart applies to all personal flotation devices that are sold 
or offered for sale for use on recreational boats.



Sec. 181.702  Information pamphlet: requirement to furnish.

    (a) Each manufacturer of a Type I, II, III, IV, or V personal 
flotation device (PFD) must furnish with each PFD that is sold or 
offered for sale for use on a recreational boat, an information pamphlet 
meeting the requirements of Sec. 181.703, Sec. 181.704, or Sec. 181.705 
of this subpart, as appropriate.
    (b) No person may sell or offer for sale for use on a recreational 
boat, a Type I, II, III, IV, or V PFD unless an information pamphlet 
required by this section is attached in such a way that it can be read 
prior to purchase.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.703  Information pamphlet: Contents.

    Unless otherwise specified in this subpart, each information 
pamphlet must contain the information specified in sections 33, 34 and 
35 of UL 1123.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.704  Contents of information pamphlet: Recreational hybrid PFD.

    Each information pamphlet for a recreational hybrid PFD approved 
under 46 CFR 160.077 must contain the information specified in 46 CFR 
160.077-27.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.705  Contents of information pamphlet: Recreational inflatable PFD.

    Each information pamphlet for a recreational inflatable PFD approved 
under 46 CFR 160.076 must contain the information required by 46 CFR 
160.076-35.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



PART 183--BOATS AND ASSOCIATED EQUIPMENT--Table of Contents




                           Subpart A--General

Sec.
183.1  Purpose and applicability.
183.3  Definitions.
183.5  Incorporation by reference.

               Subpart B--Display of Capacity Information

183.21  Applicability.
183.23  Capacity marking required.
183.25  Display of markings.
183.27  Construction of markings.

                         Subpart C--Safe Loading

183.31  Applicability.
183.33  Maximum weight capacity: Inboard and inboard-outdrive boats.
183.35  Maximum weight capacity: Outboard boats.
183.37  Maximum weight capacity: Boats rated for manual propulsion and 
          boats rated for motors of two horsepower or less.
183.39  Persons capacity: Inboard and inboard-outdrive boats.
183.41  Persons capacity: Outboard boats.
183.43  Persons capacity: Boats rated for manual propulsion and boats 
          rated for motors of two horsepower or less.

                        Subpart D--Safe Powering

183.51  Applicability.
183.53  Horsepower capacity.

                          Subpart E--[Reserved]

 Subpart F--Flotation Requirements for Inboard Boats, Inboard/Outdrive 
                           Boats, and Airboats

183.101  Applicability.
183.105  Quantity of flotation required.
183.110  Definitions.
183.112  Flotation material and air chambers.
183.114  Test of flotation materials.

 Subpart G--Flotation Requirements for Outboard Boats Rated for Engines 
                        of More Than 2 Horsepower

                                 General

183.201  Applicability.
183.202  Flotation and certification requirements.
183.205  Passenger carrying area.
183.210  Reference areas.
183.215  Reference depth.
183.220  Preconditioning for tests.

[[Page 696]]

183.222  Flotation material and air chambers.

                                  Tests

183.225  Flotation test for persons capacity.
183.230  Stability test.
183.235  Level flotation test without weights for persons capacity.

 Subpart H--Flotation Requirements for Outboard Boats Rated for Engines 
                         of 2 Horsepower or Less

                                 General

183.301  Applicability.
183.302  Flotation requirements.
183.305  Passenger carrying area.
183.310  Reference areas.
183.315  Reference depth.
183.320  Preconditioning for tests.
183.322  Flotation materials.

                                  Tests

183.325  Flotation test for persons capacity.
183.330  Stability test.
183.335  Level flotation test without weights for persons capacity.
Table
Figures

                      Subpart I--Electrical Systems

                                 General

183.401  Purpose, applicability, and effective dates.
183.402  Definitions.
183.405  General.

                        Manufacturer Requirements

183.410  Ignition protection.
183.415  Grounding.
183.420  Batteries.
183.425  Conductors: General.
183.430  Conductors in circuits of less than 50 volts.
183.435  Conductors in circuits of 50 volts or more.
183.440  Secondary circuits of ignition systems.
183.445  Conductors: Protection.
183.455  Overcurrent protection: General.
183.460  Overcurrent protection: Special applications.

                         Subpart J--Fuel systems

                                 General

183.501  Applicability.
183.505  Definitions.
183.507  General.

                           Equipment Standards

183.510  Fuel tanks.
183.512  Fuel tanks: Prohibited materials.
183.514  Fuel tanks: Labels.
183.516  Cellular plastic used to encase fuel tanks.
183.518  Fuel tank openings.
183.520  Fuel tank vent systems.
183.524  Fuel pumps.
183.526  Carburetors.
183.528  Fuel stop valves.
183.530  Spud, pipe, and hose fitting configuration.
183.532  Clips, straps, and hose clamps.
183.534  Fuel filters and strainers.
183.536  Seals and gaskets in fuel filters and strainers.
183.538  Metallic fuel line materials.
183.540  Hoses: Standards and markings.
183.542  Fuel systems.

                        Manufacturer Requirements

183.550  Fuel tanks: Installation.
183.552  Plastic encased fuel tanks: Installation.
183.554  Fittings, joints, and connections.
183.556  Plug and fittings.
183.558  Hoses and connections.
183.560  Hose clamps: Installation.
183.562  Metallic fuel lines.
183.564  Fuel tank fill system.
183.566  Fuel pumps: Placement.
183.568  Anti-siphon protection.
183.570  Fuel filters and strainers: Installation.
183.572  Grounding.

                                  Tests

183.580  Static pressure test for fuel tanks.
183.584  Shock test.
183.586  Pressure impluse test.
183.588  Slosh test.
183.590  Fire test.

                         Subpart K--Ventilation

183.601  Applicability.
183.605  Definitions.
183.607  Incorporation by reference.
183.610  Powered ventilation system.
183.620  Natural ventilation system.
183.630  Standards for natural ventilation.

                   Subpart L--Start-in-Gear Protection

183.701  Applicability.
183.705  Definitions.
183.710  Start-in-gear protection required.
183.715  Exception.

                          Subpart M--[Reserved]

                      Subpart N--Special Provisions

183.901  Applicability to ``OMC Sea Drive'' installations.

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    Source: CGD 72-61R, 37 FR 15782, Aug. 4, 1972, unless otherwise 
noted.

[[Page 697]]



                           Subpart A--General



Sec. 183.1  Purpose and applicability.

    This part prescribes standards and regulations for boats and 
associated equipment to which 46 U.S.C. Chapter 43 applies and to which 
certification requirements in Part 181 of this subchapter apply.

[CGD 85-098, 52 FR 19728, May 27, 1987]



Sec. 183.3  Definitions.

    Beam means the transverse distance between the outer sides of the 
boat excluding handles, and other similar fittings, attachments, and 
extensions.
    Boat means any vessel manufactured or used primarily for 
noncommercial use; leased, rented, or chartered to another for the 
latter's noncommercial use; or engaged in the carrying of six or fewer 
passengers.
    Full transom means a transom with a maximum width which exceeds one-
half the maximum beam of the boat.
    Length means the straight line horizontal measurement of the overall 
length from the foremost part of the boat to the aftermost part of the 
boat, measured from end to end over the deck excluding sheer, and 
measured parallel to the centerline. Bow sprits, bumpkins, rudders, 
outboard motor brackets, handles, and other similar fittings, 
attachments, and extensions are not included in the measurement.
    Monohull boat means a boat on which the line of intersection of the 
water surface and the boat at any operating draft forms a single closed 
curve. For example, a catamaran, trimaran, or a pontoon boat is not a 
monohull boat.
    Motorwell means any arrangement of bulkheads or structures that 
prevents water from entering the passenger carrying area of the boat 
through any cutout area in the transom for mounting an outboard motor.
    Motorwell height means the vertical distance from the lowest point 
of water ingress along the top of the motorwell to a line representing a 
longitudinal extension of the centerline of the boat's bottom surface, 
excluding keels. This distance is measured as a projection on the 
centerline plane of the boat. See Figure 183.3.
    Permanent appurtenances means equipment that is mounted or fastened, 
so that it is not removable without the use of tools. Seats, inboard 
engines, windshields, helm stations, or hardtops are permanent 
appurtenances. Outboard motors, controls, batteries, and portable fuel 
tanks are not permanent appurtenances.
    Remote steering means any mechanical assist device which is rigidly 
attached to the boat and used in steering the vessel, including but not 
limited to mechanical, hydraulic, or electrical control systems.
    Sailboat means a boat designed or intended to use sails as the 
primary means of propulsion.
    Sheer means the topmost line in a boat's side. The sheer intersects 
the vertical centerline plane of the boat at the forward end and 
intersects the transom (stern) at the aft end. For the purposes of this 
definition, the topmost line in a boat's side is the line defined by a 
series of points of contact with the boat structure, by straight lines 
at 45 degree angles to the horizontal and contained in a vertical plane 
normal to the outside edge of the boat as seen from above and which are 
brought into contact with the outside of the horizontal boat. A boat is 
horizontal when it is transversely level and when the lowest points at 
40 percent and 75 percent of the boat's length behind the most forward 
point of the boat are level.
    Transom means the surface at the stern of a boat projecting or 
facing aft. The upper boundary of the transom is the line defined by a 
series of points of contact, with the boat structure, by straight lines 
at 45 degree angles to the horizontal and contained in a vertical 
longitudinal plane and which are brought into contact with the stern of 
the horizontal boat. A boat is horizontal when it is transversely level 
and when the lowest points at 40 percent and 75 percent of the boat's 
length behind the most forward point of the boat are level.
    Transom height means the vertical distance from the lowest point of 
water ingress along the top of the transom to a line representing a 
longitudinal extension of the centerline of the boat's bottom surface, 
excluding keels. This

[[Page 698]]

distance is measured as a projection on the centerline plane of the 
boat. See Figure 183.3.
    Vessel includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on the water.

               Figure 183.3.--Transom and Motorwell Height
[GRAPHIC] [TIFF OMITTED] TC18OC91.018

[CGD 73-250, 40 FR 43856, Sept. 23, 1975, as amended by CGD 75-176, 42 
FR 2681, Jan. 13, 1977; CGD 85-002, 51 FR 37574, Oct. 23, 1986; CGD 96-
026, 61 FR 33669, June 28, 1996; 61 FR 36629, July 12, 1996]



Sec. 183.5  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a). To enforce any edition other than the one listed 
in paragraph (b) of this section, notice of change must be published in 
the Federal Register and the material made available to the public. All 
approved material is on file at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC, and at the 
Recreational Boating Product Assurance Division, Washington, DC 20593-
0001, and is available from the sources listed in paragraph (b) of this 
section.
    (b) The materials approved for incorporation by reference in this 
part, and the sections affected are:

Air Movement and Control Association, 30                                
 W. University Drive, Arlington Heights,                                
 IL 60004:                                                              
    AMCA 210-74: Laboratory Methods of      Sec.  183.610               
     Testing Fans for Ratings--1974.                                    
American Society for Testing and                                        
 Materials,  1916 Race Street,                                          
 Philadelphia, PA 19103:                                                
    ASTM D-471 Rubber Property--Effect of   Secs.  183.114; 183.516;    
     Liquids--1979.                          183.620                    
    ASTM D-1621 Compressive Strength of     Sec.  183.516               
     Rigid Cellular Plastics--1979.                                     
    ASTM D-1622 Apparent Density, of Rigid  Sec.  183.516               
     Cellular Plastics--1983.                                           
    ASTM D-2842 Water Absorption of Rigid   Sec.  183.114               
     Cellular Plastics--1975.                                           

[[Page 699]]

                                                                        
Institute of Electrical and Electronics,                                
 Engineers, Inc., 445 Hoes Lane,                                        
 Piscataway, NJ 08854:                                                  
    IEEE 45 IEEE Recommended Practice for   Sec.  183.435               
     Electrical Installations on                                        
     Shipboard--1983. Cable Construction.                               
National Fire Protection Association, 1                                 
 Batterymarch Park, Quincy, MA 02269:                                   
    NFPA No. 70 National Electrical Code--  Sec.  183.435               
     1987. Articles 310 & 400.                                          
Naval Publications Forms Center,  Customer                              
 Service--Code 1052, 5801 Tabor Avenue,                                 
 Philadelphia, PA 19120:                                                
    MILSPEC-P-21929B Plastic Material,      Sec.  183.516               
     Cellular Polyurethane, Foam-In-Place,                              
     Rigid--1970.                                                       
Society of Automotive Engineers, Inc., 400                              
 Commonwealth Drive, Warrendale, PA 15096:                              
    SAE J378 Marine Engine Wiring--1984...  Sec.  183.430               
    SAE J557 High Tension Ignition Cable--  Sec.  183.440               
     1968.                                                              
    SAE J1127 Battery Cable--1980.........  Sec.  183.430               
    SAE J1128 Low Tension Primary Cable--   Sec.  183.430               
     1975.                                                              
    SAE J1527DEC85 Marine Fuel Hoses--1985  Sec.  183.540               
Underwriters Laboratories, Inc., 333                                    
 Pfingsten Road, Northbrook, IL 60062:                                  
    UL 1114 Marine (USCG Type A) Flexible   Sec.  183.540               
     Fuel Line Hose--1987.                                              
    UL 1128 Marine Blowers--1977..........  Sec.  183.610               
    UL 1426 Cables for Boats--1987........  Sec.  183.435               
                                                                        


[CGD 87-009, 53 FR 36971, Sept. 23, 1988, as amended by CGD 96-026, 61 
FR 33670, June 28, 1996]



               Subpart B--Display of Capacity Information



Sec. 183.21   Applicability.

    This subpart applies to monohull boats less than 20 feet in length, 
except sailboats, canoes, kayaks, and inflatable boats.



Sec. 183.23  Capacity marking required.

    Each boat must be marked in the manner prescribed in Secs. 183.25 
and 183.27 with the maximum persons capacity in whole numbers of persons 
and in pounds, the maximum weight capacity in pounds, determined under 
Secs. 183.33 through 183.43, and the maximum horsepower capacity 
determined under Sec. 183.53 or the statement ``This Boat Not Rated for 
Propulsion by Motor''.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980]



Sec. 183.25  Display of markings.

    (a) Each marking required by Sec. 183.23 must be permanently 
displayed in a legible manner where it is clearly visible to the 
operator when getting the boat underway.
    (b) The information required by Sec. 183.23 must be displayed in the 
following manner:
    (1) For outboard boats:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor

      or

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor with remote steering
XXX Horsepower, motor without remote steering

    (2) For inboard boats and inboard-outboard boats:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, gear

    (3) For boats rated for motors of 2 horsepower or less:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor

    (4) For boats rated for manual propulsion:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, gear

               This Boat Not Rated for Propulsion by Motor

    (c) The capacity information displays required in paragraph (b) must 
meet the following as illustrated in Figure 183.25:

[[Page 700]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.019



[[Page 701]]

    (1) The capacity information required in Sec. 183.23 must be 
displayed within a yellow area that--
    (i) Is at least 4 inches wide; and
    (ii) Is high enough that each line of print is separated by at least 
\1/8\ inch from each other and from the borders of the yellow area;
    (2) The persons capacity in whole numbers must be black print with 
the following dimensions:
    (i) The height must not be smaller than one-half inch;
    (ii) The width of the numbers must be three-fifths of the height 
except for the number ``4'', which shall be one stroke width wider, and 
the number ``1'', which shall be one stroke in width;
    (iii) The stroke width shall be one-sixth of the height; and
    (iv) The minimum space between the numbers shall be one stroke 
width.
    (3) The words in the line ``XX Persons or XXX Pounds'' must be at 
least one-quarter inch in height but not larger than one-half the height 
of the persons capacity number and of a color contrasting with yellow. 
The number of pounds in this line must be at least one-eighth inch in 
height but no larger than one-half the height of the persons capacity 
number and of a color contrasting with yellow.
    (4) All remaining words and numbers required to be within the yellow 
area required in paragraph (c)(1) must be at least one-eighth inch in 
height, but no larger than one-half the height of the persons capacity 
number.
    (5) All other words and numbers on the displays must be located 
outside the yellow area on a background color which contrasts with 
yellow.
    (6) The words ``Maximum Capacities'' must be at least one-quarter 
inch in height and of color contrasting with its background.
    (7) The words ``U.S. Coast Guard'' must be at least one-eighth inch 
in height and of color contrasting with its background.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980]



Sec. 183.27  Construction of markings.

    Each marking required by Sec. 183.23 must be--
    (a) Capable of withstanding the combined effects of exposure to 
water, oil, salt spray, direct sunlight, heat, cold, and wear expected 
in normal operation of the boat, without loss of legibility; and
    (b) Resistant to efforts to remove or alter the information without 
leaving some obvious sign of such efforts.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980]



                         Subpart C--Safe Loading



Sec. 183.31   Applicability.

    This subpart applies to monohull boats less than 20 feet in length 
except sailboats, canoes, kayaks, and inflatable boats.



Sec. 183.33   Maximum weight capacity: Inboard and inboard-outdrive boats.

    (a) The maximum weight capacity (W) marked on a boat that has one or 
more inboard or inboard-outdrive units for propulsion must not exceed 
the greater value of W obtained from either of the following formulas:
[GRAPHIC] [TIFF OMITTED] TC18OC91.020

    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displaced by the boat at its maximum

[[Page 702]]

level immersion in calm water without water coming aboard. For the 
purpose of this paragraph, a boat is level when it is transversely level 
and when either of the two following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane and the aft point where the sheer intersects the upper 
boundary of the transom (stern) are equidistant above the water surface 
or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest point of water ingress.
    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight;
    (iii) Weight of permanent appurtenances; and
    (iv) Weight of full permanent fuel tanks.
    (3) ``Machinery weight'' is the combined weight of installed engines 
or motors, control equipment, drive units, and batteries.

[CGD 72-61R, 37 FR 15782, Aug. 4, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 183.33, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 183.35   Maximum weight capacity: Outboard boats.

    (a) The maximum weight capacity marked on a boat that is designed or 
intended to use one or more outboard motors for propulsion must be a 
number that does not exceed one-fifth of the difference between its 
maximum displacement and boat weight.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displayed by the boat at its maximum level immersion in calm water 
without water coming aboard except for water coming through one opening 
in the motor well with its greatest dimension not over 3 inches for 
outboard motor controls or fuel lines. For the purpose of this 
paragraph, a boat is level when it is transversely level and when either 
of the two following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane and the aft point where the sheer intersects the upper 
boundary of the transom (stern) are equidistant above the water surface 
or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest point of water ingress.
    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight;
    (iii) Weight of permanent appurtenances; and
    (iv) Weight of full permanent fuel tanks.

[CGD 72-61, 37 FR 15782, Aug. 4, 1972, as amended by CGD 73-250, 40 FR 
43857, Sept. 23, 1975; CGD 75-176, 42 FR 2681, Jan. 13, 1977]



Sec. 183.37  Maximum weight capacity: Boats rated for manual propulsion and boats rated for motors of two horsepower or less.

    (a) The maximum weight capacity marked on a boat that is rated for 
manual propulsion or for motors of two horsepower or less must not 
exceed 3/10 of the difference between the boat's maximum displacement 
and the boat's weight in pounds.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displaced by the boat at its maximum level immersion in calm water 
without water coming aboard. For the purpose of this paragraph, a boat 
is level when it is transversely level and when either of the two 
following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane and the aft point where the sheer intersects the upper 
boundary of the transom (stern) are equidistant above the water surface 
or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest point of water ingress.
    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight; and

[[Page 703]]

    (iii) Weight of permanent appurtenances.

[CGD 72-61R, 37 FR 15782, Aug. 4, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 183.37, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 183.39  Persons capacity: Inboard and inboard-outdrive boats.

    (a) The persons capacity in pounds marked on a boat that is designed 
to use one or more inboard engines or inboard-outdrive units for 
propulsion must not exceed the lesser of:
    (1) The maximum weight capacity determined under Sec. 183.33 for the 
boat; or
    (2) For boats with a maximum persons capacity less than 550 pounds, 
the maximum persons capacity determined in the following manner:
    (i) Float the boat in calm water with all its permanent 
appurtenances, including installed engines, full fuel system and tanks, 
control equipment, drive units and batteries.
    (ii) Gradually add weights along one outboard extremity of each 
passenger carrying area, at the height of the seat nearest the center of 
that area, but no higher than the height of the gunwale and distributed 
equally forward and aft of that center in a plane parallel to the 
floorboards, until the boat assumes the maximum list or trim or both, 
without water coming aboard.
    (iii) Compute the persons capacity in pounds in the following 
formula: Persons capacity=A/0.6 where A is the total of the weights 
added in paragraph (a)(2)(ii) of this section.
    (b) The maximum persons capacity in whole numbers of persons marked 
on a boat that is designed or intended to use one or more inboard 
engines or inboard-outboard units must not exceed the value obtained by 
adding 32 pounds to the value determined in paragraph (a)(2)(iii), 
dividing the sum by 141 and rounding off the result to the nearest whole 
number. If the fraction is less than one-half, round down to the next 
whole integer and if the fraction is equal to or greater than one-half, 
round up to the next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended by CGD 83-012, 49 FR 
39328, Oct. 5, 1984; 50 FR 18636, May 2, 1985]



Sec. 183.41  Persons capacity: Outboard boats.

    (a) The persons capacity in pounds marked on a boat that is designed 
to use one or more outboard motors for propulsion must not exceed the 
lesser of:
    (1) The maximum weight capacity determined under Sec. 183.35 for the 
boat minus the motor and control weight, battery weight (dry), and full 
portable fuel tank weight from Table 4 of Subpart H of this part; or
    (2) For boats with a maximum persons capacity less than 550 pounds, 
the maximum persons capacity determined in the following manner:
    (i) Float the boat with all its permanent appurtenances.
    (ii) Add, in normal operating positions, the dry motor and control 
weight, battery weight, and full portable fuel tank weight, if any, 
shown in Table 4 of Subpart H of this part for the maximum horsepower 
capacity marked on the boat. Permanently installed fuel tanks shall be 
full of fuel.
    (iii) Gradually add weights along one outboard extremity of each 
passenger carrying area, at the height of the seat nearest the center of 
that area, but no higher than the height of the gunwale, and distributed 
equally forward and aft of that center in a plane parallel to the 
floorboards until the boat assumes the maximum list or trim, or both 
without water coming aboard.
    (iv) Compute the persons capacity in pounds using the following 
formula: Persons capacity=A/0.6 where A is the total of the weights 
added in paragraph (a)(2)(iii) of this section.
    (b) The maximum persons capacity in whole numbers of persons marked 
on a boat designed or intended to use one or more outboard motors for 
propulsion must not exceed the value obtained by adding 32 pounds to the 
lesser of the values determined in paragraph (a)(1) or (a)(2)(iv), 
dividing the sum by 141, and rounding off the result to the nearest 
whole number. If the fraction is less than one-half, round down to the 
next lower whole integer and if the fraction is equal to or greater than 
one-half,

[[Page 704]]

round up to the next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended by CGD 83-012, 49 FR 
39328, Oct. 5, 1984; 50 FR 18636, May 2, 1985]



Sec. 183.43  Persons capacity: Boats rated for manual propulsion and boats rated for motors of 2 horsepower or less.

    (a) The persons capacity in pounds marked on a boat that is rated 
for manual propulsion or for motors of 2 horsepower or less must not 
exceed:
    (1) For boats rated for manual propulsion, 90 percent of the maximum 
weight capacity in pounds; and
    (2) For boats rated for motors of 2 horsepower or less, 90 percent 
of the maximum weight capacity in pounds, less 25 pounds.
    (b) The maximum persons capacity, in whole numbers of persons marked 
on a boat that is rated for manual propulsion must not exceed the value 
obtained by adding 32 pounds to the value determined in paragraph 
(a)(1), dividing the sum by 141, and rounding off the result to the 
nearest whole number. If the fraction is less than one-half, round down 
to the next lower integer and if the fraction is equal to or greater 
than one-half, round up to the next higher whole integer.
    (c) The maximum persons capacity in whole numbers of persons marked 
on a boat rated for motors of 2 horsepower or less must not exceed the 
value obtained by adding 32 pounds to the value determined in paragraph 
(a)(2), dividing the sum by 141, and rounding off the result to the 
nearest whole number. If the fraction is less than one-half, round down 
to the next lower whole integer and if the fraction is equal to or 
greater than one-half, round up to the next higher whole integer.

[CGD 78-034, 45 FR 2031, Jan. 10, 1980]



                        Subpart D--Safe Powering



Sec. 183.51   Applicability.

    This subpart applies to monohull boats less than 20 feet in length, 
except sailboats, canoes, kayaks, and inflatable boats, that are 
designed or intended to use one or more outboard motors for propulsion.



Sec. 183.53   Horsepower capacity.

    The maximum horsepower capacity marked on a boat must not exceed the 
horsepower capacity determined by the computation method discussed in 
paragraph (a) of this section, or for certain qualifying boats, the 
performance test method discussed in paragraph (b) of this section.
    (a) The maximum horsepower capacity must be computed as follows:
    (1) Compute a factor by multiplying the boat length in feet by the 
maximum transom width in feet excluding handles and other similar 
fittings, attachments, and extensions. If the boat does not have a full 
transom, the transom width is the broadest beam in the aftermost quarter 
length of the boat.
    (2) Locate horsepower capacity corresponding to the factor in Table 
183.53.
    (3) For a boat with a factor over 52.5, if the horsepower capacity 
calculated in Table 183.53 is not an exact multiple of 5, it may be 
raised to the next exact multiple of 5.
    (4) For flat bottom hard chine boats with a factor of 52 or less, 
the horsepower capacity must be reduced by one horsepower capacity 
increment in Table 183.53.

                                 Table 183.53--Outboard Boat Horsepower Capacity                                
                                  [Compute: Factor=Boat Length X Transom Width]                                 
                                                                                                                
If factor (nearest integer) is......................--------0-35-------36-39-------40-42-------43-45-------46-52
----------------------------------------------------------------------------------------------------------------
Horsepower Capacity is..............................           3           5         7.5          10          15
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
[Note: For flat bottom hard chine boats, with factor of 52 or less, reduce one capacity limit (e.g. 5 to 3)]    


[[Page 705]]


----------------------------------------------------------------------------------------------------------------
                                                                  No remote steering, or less than 20" transom  
                                        Remote steering and at                       height                     
 If factor is over 52.5 and the boat      least 20" transom    -------------------------------------------------
                 has                            height            For flat bottom hard                          
                                                                      chine boats            For other boats    
----------------------------------------------------------------------------------------------------------------
Horsepower capacity is (raise to       (2 X Factor) -90.......  (0.5 X Factor) -15.....  (0.8 X Factor) -25     
 nearest multiple of 5).                                                                                        
----------------------------------------------------------------------------------------------------------------

    (b) For boats qualifying under this paragraph, the performance test 
method described in this paragraph may be used to determine the 
horsepower capacity.
    (1) Qualifying criteria.

    (i) Thirteen feet or less in length;
    (ii) Remote wheel steering;
    (iii) Transom height
    (A) Minimum 19 inch transom height; or,
    (B) For boats with at least a 19 inch motorwell height, a minimum 15 
inch transom height;

    (iv) Maximum persons capacity not over two persons;
    (2) Boat preparation.
    (i) The boat must be rigged with equipment recommended or provided 
by the boat and motor manufacturer and tested with the highest 
horsepower production powerplant for which the boat is to be rated, not 
to exceed 40 horsepower.
    (ii) Standard equipment must be installed in accordance with 
manufacturers' instructions.
    (iii) The lowest ratio (quickest) steering system offered on the 
boat model being tested must be installed.
    (iv) The outboard motor must be fitted with the manufacturer's 
recommended propeller providing maximum speed.
    (v) Standard permanently installed fuel tanks must be no more than 
one-half full. Boats without permanent tanks must be tested with one 
full portable tank.
    (vi) Portable tanks must be in their designated location or placed 
as far aft as possible.
    (vii) The outboard motor must be placed in the lowest vertical 
position on the transom or, if mounting instructions are provided with 
the boat, at the height recommended.
    (viii) Boat bottom, motor and propeller must be in new or almost new 
condition.

    Note: The use of the following special equipment should be 
considered because of the potential for exceeding the capabilities of 
the boat while performing the test:

Racing Type Personal Flotation Device
Helmet.

    (3) Test conditions. Testing must be conducted on smooth, calm water 
with the wind speed below 10 knots. The test must be conducted with no 
load other than a driver who must weigh no more than 200 pounds. The 
motor trim angle must be adjusted to provide maximum full throttle speed 
short of excessive porpoising or propeller ventilation or 
``cavitation'', so that there is no loss of directional control.
    (4) Quick turn test procedure. Set throttle at a low maneuvering 
speed and steer the boat straight ahead. Turn the steering wheel 
180 deg. in the direction of least resistance in \1/2\ second or less 
and hold it at that position without changing the throttle or trim 
settings during or after the wheel change. The boat completes the 
maneuver successfully if it is capable of completing a 90 deg. turn 
without the driver losing control of the boat or reducing the throttle 
setting. Gradually increase the boat's turn entry speed incrementally 
until the boat does not complete the Quick Turn Test successfully or 
successfully completes it at maximum throttle.

    Note: It is recognized that operator skill and familiarity with a 
particular boat and motor combination will affect the test results. It 
is permissible to make a number of practice runs through the quick turn 
test at any throttle setting.

    (5) Test course method. Set throttle for 30 miles per hour boat 
speed and run the test course set up in accordance with Figure 183.53, 
passing outside the designated avoidance marker for 35 to 37.5 miles per 
hour without contacting any of the course markers. If the boat 
successfully completes this run of the test course, increase the 
throttle setting to 35 to 37.5 miles per hour boat

[[Page 706]]

speed and run the course passing outside the designated avoidance marker 
for that speed without contacting any of the course markers. If the boat 
successfully completes this run of the test course and the motor was not 
at full throttle, increase the throttle setting to 37.5 to 42.5 miles 
per hour boat speed and run the course passing outside the designated 
avoidance marker for that speed without contacting any of the course 
markers. If the boat successfully completes this run of the test course 
and the motor was not at full throttle, increase the throttle setting to 
42.5 miles per hour or more and run the course passing outside the 
designated avoidance marker for that speed without contacting any of the 
course markers. If the boat successfully completes this run of the test 
course and the motor was not at full throttle, continue to increase the 
throttle setting and run the test course passing outside the designated 
avoidance marker for 42.5 miles per hour or more until the boat fails to 
complete the test successfully or the boat completes the test course 
maneuvers successfully at full throttle. The boat successfully completes 
the test course if the driver is able to maneuver it between the 
designated avoidance markers without striking the markers and without 
losing control of the boat or reducing the throttle setting. There must 
be no change in position of any equipment on board and there must be no 
change of position of personnel in order to influence the test results. 
There must be no instability evidenced by oscillating motion in the roll 
or yaw axes exhibited while negotiating the course.

    Note: It is recognized that operator skill and familiarity with a 
particular boat and motor combination will affect the test results. It 
is therefore considered permissible to make a number of practice runs 
through the test course at any throttle setting.

    (6) Maximum horsepower capacity. (i) For boats capable of less than 
35 miles per hour, the maximum horsepower capacity must be the maximum 
horsepower with which the boat was able to successfully complete the 
Quick Turn Test Procedure in Sec. 183.53(b)(4) at full throttle or the 
maximum horsepower determined under the calculations in Sec. 183.53(a) 
of this section.
    (ii) For boats capable of 35 miles per hour or more, the maximum 
horsepower capacity must be the maximum horsepower with which the boat 
was able to successfully complete both the Quick Turn Test Procedure in 
Sec. 183.53(b)(4) and the Test Course Method in Sec. 183.53(b)(5) at 
full throttle or the calculations in Sec. 183.53(a) of this section.
    (iii) The maximum horsepower capacity determined in accordance with 
Sec. 183.53(b) must not exceed 40 horsepower.

  Figure 183.53.--Boat Horsepower Capacity Test Course--35 mph or more
[GRAPHIC] [TIFF OMITTED] TC18OC91.021

[CGD 85-002, 51 FR 37574, Oct. 23, 1986]

[[Page 707]]



                          Subpart E--[Reserved]



 Subpart F--Flotation Requirements for Inboard Boats, Inboard/Outdrive 
                           Boats, and Airboats

    Source: CGD 75-168, 42 FR 20243, Apr. 18, 1977, unless otherwise 
noted.



Sec. 183.101  Applicability.

    This subpart applies to monohull inboard boats, inboard/outdrive 
boats, and airboats less than 20 feet in length, the construction or 
assembly of which is begun after July 31, 1978, except sailboats, 
canoes, kayaks, inflatable boats, submersibles, surface effect vessels, 
amphibious vessels, and raceboats.



Sec. 183.105  Quantity of flotation required.

    (a) Each boat must have enough flotation to keep any portion of the 
boat above the surface of the water when the boat has been submerged in 
calm, fresh water for at least 18 hours and loaded with:
    (1) A weight that, when submerged, equals two-fifteenths of the 
persons capacity marked on the boat;
    (2) A weight that, when submerged, equals 25 percent of the dead 
weight; and
    (3) A weight in pounds that, when submerged, equals 62.4 times the 
volume in cubic feet of the two largest air chambers, if air chambers 
are used for flotation.
    (b) For the purpose of this section, ``dead weight'' means the 
maximum weight capacity marked on the boat minus the persons capacity 
marked on the boat.



Sec. 183.110  Definitions.

    For the purpose of this subpart:
    ASTM means American Society for Testing and Materials. The Coast 
Guard incorporates by reference ASTM Standard D-471, dated March 28, 
1975, in Sec. 183.114 of this subpart. This incorporation by reference 
was approved by the Director of the Office of the Federal Register on 
December 6, 1977. The Coast Guard also incorporates by reference ASTM 
Standard D-2482, dated November 14, 1969 (reapproved 1975), in 
Sec. 183.114 of this subpart. This incorporation by reference was 
approved by the Director of the Office of the Federal Register on 
September 11, 1978. The incorporated standards are available for 
inspection at Coast Guard Headquarters, Room 1308, Transpoint Building, 
2100 2nd St., SW., Washington DC 20593 and at the Office of the Federal 
Register library, 800 North Capitol Street, NW., suite 700, Washington 
DC 20408. The incorporated standards may be obtained from the American 
Society for Testing and Materials, 1916 Race St., Philadelphia, PA 
19103.
    Bilge means the area in the boat, below a height of 4 inches 
measured from the lowest point in the boat where liquid can collect when 
the boat is in its static floating position, except engine rooms.
    Connected means allowing a flow of water in excess of one-quarter 
ounce per hour from the engine room bilge into any other compartment 
with a 12 inch head of water on the engine room side of the bulkhead.
    Engine room bilge means the area in the engine room or a connected 
compartment below a height of 12 inches measured from the lowest point 
where liquid can collect in these compartments when the boat is in its 
static floating position.
    Engine room means the compartment where a permanently installed 
gasoline or diesel engine is installed, including connected 
compartments.
    Open to atmosphere means a compartment that has at least 15 square 
inches of open area directly exposed to the atmosphere for each cubic 
foot of net compartment volume.
    Sealed compartment means an enclosure that can resist an exterior 
water level of 12 inches without seppage of more than one-quarter fluid 
ounce per hour.

[CGD 77-145, 43 FR 56858, Dec. 4, 1978, as amended by CGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 85-098, 52 FR 19728, May 27, 1987; CGD 96-026, 
61 FR 33670, June 28, 1996]



Sec. 183.112  Flotation material and air chambers.

    (a) Flotation materials must meet the requirements in Sec. 183.114 
as listed in Table 183.114 when used in the: (1) Engine room bilge, (2) 
engine room, or (3) bilge, unless located in a sealed compartment.

[[Page 708]]

    (b) Air chambers used to meet the flotation requirements of this 
subpart must not be integral with the hull.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934, Aug. 16, 1979]



Sec. 183.114  Test of flotation materials.

    (a) Vapor test. The flotation material must not reduce in buoyant 
force more than 5 percent after being immersed in a fully saturated 
gasoline vapor atmosphere for 30 days at a minimum temperature of 
38 deg. C.
    (b) 24-hour gasoline test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 24 hours at 
23 plus or minus 2 deg. C in reference fuel B, of ASTM D-471.
    (c) 30-day gasoline test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 30 days at 23 
plus or minus 2 deg. C in reference fuel B, of ASTM D-471.
    (d) 24-hour oil test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 24 hours at 
23 plus or minus 2 deg. C in reference oil No. 2, of ASTM D-471.
    (e) 30-day oil test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 30 days at 23 
plus or minus 2 deg. C in reference oil No. 2, of ASTM D-471.
    (f) 24-hour bilge cleaner test. The flotation material must not 
reduce in buoyant force more than 5 percent after being immersed for 24 
hours at 23 plus or minus 2 deg. C in a 5-percent solution of trisodium 
phosphate in water.
    (g) 30-day bilge cleaner test. The flotation material must not 
reduce in buoyant force more than 5 percent after being immersed for 30 
days at 23 plus or minus 2 deg. C in a 5-percent solution of trisodium 
phosphate in water.
    (h) The buoyant force reduction in paragraphs (a) through (g) of 
this section is measured in accordance with ASTM D-2842.

               Table 183.114--Flotation Performance Tests               
------------------------------------------------------------------------
                                                    Area 183.110        
                                           -----------------------------
                                                         (c)            
                                                       Engine-          
               Test 183.114                    (b)      room            
                                             Engine-   unless      (d)  
                                              room     open to    Bilge 
                                             bilge     atmos-           
                                                        phere           
------------------------------------------------------------------------
(a) Vapor test............................  ........         X  ........
(b) 24 hour gasoline test.................  ........  ........         X
(c) 30 day gasoline test..................         X  ........  ........
(d) 24 hour oil test......................  ........  ........         X
(e) 30 day oil test.......................         X  ........  ........
(f) 24 hour bilge cleaner test............  ........  ........         X
(g) 30 day bilge cleaner test.............         X  ........  ........
------------------------------------------------------------------------

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934, Aug. 16, 1979]



 Subpart G--Flotation Requirements for Outboard Boats Rated for Engines 
                        of More Than 2 Horsepower

    Source: CGD 75-168; 42 FR 20243, Apr. 18, 1977, unless otherwise 
noted.

                                 General



Sec. 183.201  Applicability.

    (a) This subpart applies to monohull outboard boats that are:
    (1) Less than 20 feet in length;
    (2) Rated for outboard engines of more than 2 horsepower; and
    (3) Constructed or assembled after July 31, 1978.
    (b) This subpart does not apply to sailboats, canoes, kayaks, 
inflatable boats, submersibles, surface effect vessels, amphibious 
vessels, and raceboats.



Sec. 183.202  Flotation and certification requirements.

    Each boat to which this subpart applies must be manufactured, 
constructed, or assembled to pass the stability and flotation tests 
prescribed in Secs. 183.225(a), 183.230(a), and 183.235(a).



Sec. 183.205  Passenger carrying area.

    (a) For the purpose of this section a boat is level when it is 
supported on its keel at the two points shown in Figure 2.

[[Page 709]]

    (b) As used in this subpart, the term ``passenger carrying area'' 
means each area in a boat in which persons can sit in a normal sitting 
position or stand while the boat is in operation. Passenger carrying 
areas are illustrated in Figures 3 through 8.
    (c) The length of the passenger carrying area is the distance along 
the centerline of the boat between two vertical lines, one at the 
forward end and one at the aft end of the passenger carrying area when 
the boat is level as illustrated in Figures 3 and 4. For boats with a 
curved stem inside the passenger carrying area, the forward vertical 
line is where a line 45 degrees to the horizontal when the boat is level 
is tangent to the curve of the stem, as illustrated in Figure 5. For 
boats with cabins, the forward vertical line is where is a minimum 
distance of two feet between the inside top of the cabin and the water 
line formed when the boat is swamped and loaded with weights under 
Sec. 183.220 as illustrated in Figure 6.
    (d) The breadth of each passenger carrying area is the distance 
between two vertical lines at the mid-length, excluding consoles, of the 
passenger carrying area when the boat is level as illustrated in Figures 
7 and 8. For boats with round chines inside the passenger carrying area, 
the vertical line is where a transverse line 45 degrees to the 
horizontal is tangent to the arc of the chine, as illustrated in Figure 
8.



Sec. 183.210  Reference areas.

    (a) The forward reference area of a boat is the forward most 2 feet 
of the top surface of the hull or deck, as illustrated in Figure 9.
    (b) The aft reference area of a boat is the aft most two feet of the 
top surface of the hull or deck, as illustrated in Figure 9.



Sec. 183.215  Reference depth.

    Reference depth is the minimum distance between the uppermost 
surface of the submerged reference area of a boat and the surface of the 
water measured at the centerline of the boat, as illustrated in Figure 
10. If there is no deck surface at the centerline of the boat from which 
a measurement can be made, the reference depth is the average of two 
depth measurements made on opposite sides of, and at an equal distance 
from, the centerline of the boat.



Sec. 183.220  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 hours 
before the tests required by Secs. 183.225, 183,230, and 183.235:
    (a) Manufacturer supplied permanent appurtenances such as 
windshields and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, when 
submerged, is equal to the sum of the following:
    (1) The sum of 50 percent of 550 pounds of the persons capacity 
marked on the boat and 12\1/2\ percent of the remainder of the persons 
capacity.
    (2) Twenty-five percent of the result of the following calculation, 
but not less than zero: The maximum weight capacity marked on the boat; 
less the weight shown in Column 6 of Table 4 for maximum horsepower 
marked on the boat; less the persons capacity marked on the boat.
    (c) The weights required by paragraph (b) of this section must be 
placed in the boat so that the center of gravity of each amount of 
weight required by paragraphs (b)(1) and (b)(2) of this section is 
within the shaded area illustrated in Figure 11. The location and 
dimensions of the shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the passenger 
carrying area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerline of 
the boat, is equal to 40 percent of the length of the passenger carrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the midlength of the 
passenger carrying area, is equal to 40 percent of the breadth of the 
passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of the 
motor and controls and the battery in lieu of this equipment. The 
required quantity of weight used for this purpose depends upon the 
maximum rated horsepower

[[Page 710]]

of the boat being tested and is specified in Columns 2 and 4 of Table 4 
for the swamped weight of the motor and controls and for the submerged 
weight or the battery, respectively.
    (e) Permanent fuel tanks must be filled with fuel and each external 
opening into the fuel tank must be sealed.
    (f) The boat must be keel down in the water.
    (g) The boat must be swamped, allowing water to flow between the 
inside and outside of the boat, either over the sides, through a hull 
opening, or both. Entrapped air in the flooded portion of the boat must 
be eliminated.
    (h) Water must flood the two largest air chambers and all air 
chambers integral with the hull.



Sec. 183.222  Flotation material and air chambers.

    (a) Flotation materials must meet the requirements in Sec. 183.114 
as listed in Table 183.114 when used in the bilge, unless located in a 
sealed compartment.
    (b) Air chambers used to meet the flotation requirements of this 
subpart must not be integral with the hull.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934, Aug. 16, 1979]

                                  Tests



Sec. 183.225  Flotation test for persons capacity.

    Flotation standard. When the conditions prescribed in Sec. 183.220 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.



Sec. 183.230  Stability test.

    (a) Flotation standard. When the conditions prescribed in 
Sec. 183.220 (a), (d) through (h) and paragraphs (b) and (c) of this 
section are met, the boat must float in fresh, calm water as follows:
    (1) The angle of heel does not exceed 30 degrees from the 
horizontal.
    (2) Any point on either the forward or aft reference area is above 
the surface of the water.
    (3) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 12 inches or 
less.
    (b) Quantity of weight used. Load the boat with a quantity of weight 
that, when submerged, is equal to the sum of the following:
    (1) One-half of the quantity of weight required by 
Sec. 183.220(b)(1).
    (2) The quantity of weight required by Sec. 183.220(b)(2).
    (c) Placement of quantity of weight: starboard side. Place the 
weight required by paragraph (b) of this section in the boat so that:
    (1) The quantity of weight required by Sec. 183.220(b)(2) is 
positioned in accordance with Sec. 183.220(c); and
    (2) One-half the quantity of weight required by Sec. 183.220(b)(1) 
is uniformly distributed over a distance along the outboard perimeter of 
the starboard side of the passenger carrying area that is equal to at 
least 30 percent of the length of the passenger carrying area so that 
the center of gravity of the quantity of weight is located within the 
shaded area illustrated in Figure 12, the center of gravity of the 
amount of weight placed on the floor of the boat is at least 4 inches 
above the floor, and the center of gravity of the amount of weight 
placed on a seat is at least 4 inches above the seat. The location and 
dimensions of the shaded area are as follows:
    (i) The shaded area is centered at the mid-length of the passenger 
carrying area;
    (ii) The length of the shaded area is equal to 70 percent of the 
length of the passenger carrying area; and
    (iii) The breadth of the shaded area is 6 inches from:
    (A) For weights placed on the floor, the outboard perimeter of the 
passenger carrying area; and
    (B) For weights placed on a seat, a vertical line inside the 
passenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantity of 
weight required by paragraph (b)(1) of this section is placed along the 
port side of the passenger carrying area in accordance

[[Page 711]]

with the conditions prescribed in paragraph (c)(2) of this section.



Sec. 183.235  Level flotation test without weights for persons capacity.

    When the conditions prescribed in Sec. 183.220 (a), (d) through (h) 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.



 Subpart H--Flotation Requirements for Outboard Boats Rated for Engines 
                         of 2 Horsepower or Less

    Source: CGD 75-168, 42 FR 20245, Apr. 18, 1977, unless otherwise 
noted.

                                 General



Sec. 183.301  Applicability.

    (a) This subpart applies to monohull boats that are:
    (1) Less than 20 feet in length;
    (2) Rated for manual propulsion or outboard engines of 2 horsepower 
or less; and
    (3) Constructed or assembled after July 31, 1978.
    (b) This subpart does not apply to sailboats, canoes, kayaks, 
inflatable boats, submersibles, surface effect vessels, amphibious 
vessels, and raceboats.



Sec. 183.302  Flotation requirements.

    Each boat to which this subpart applies must be manufactured, 
constructed, or assembled to pass the stability and flotation tests 
prescribed in Secs. 183.325(a), 183.330(a), and 183.335(a).



Sec. 183.305  Passenger carrying area.

    (a) For the purpose of this section, a boat is level when it is 
supported on its keel at the two points shown in Figure 2.
    (b) As used in this subpart, the term ``passenger carrying area'' 
means each area in a boat in which persons can sit in a normal sitting 
position or stand while the boat is in operation. Passenger carrying 
areas are illustrated in Figures 3 through 8.
    (c) The length of each passenger carrying area is the distance along 
the centerline of the boat between two vertical lines, one at the 
forward end and one at the aft end of the passenger carrying area, when 
the boat is level, as illustrated in Figures 3 and 4. For boats with a 
curved stem inside the passenger carrying area, the forward vertical 
line is where a line 45 degrees to the horizontal when the boat is level 
is tangent to the curve of the stem, as illustrated in Figure 5. For 
boats with cabins, the forward vertical line is where there is a minimum 
distance of two feet between the inside top of the cabin and the water 
line formed when the boat is swamped and loaded with weights under 
Sec. 183.320 as illustrated in Figure 6.
    (d) The breadth of the passenger carrying area is the distance 
beteen two vertical lines at the mid-length, excluding consoles, of the 
passenger carrying area when the boat is level as illustrated in Figures 
7 and 8. For boats with round chines inside the passenger carrying area, 
the vertical line is where a transverse line 45 degrees to the 
horizontal is tangent to the arc of the chine, as illustrated in Figure 
7.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977; 42 FR 24738, May 16, 1977]



Sec. 183.310  Reference areas.

    (a) The forward reference area of a boat is the forwardmost 2 feet 
of the top surface of the hull or deck as illustrated in Figure 9.
    (b) The aft reference area of a boat is the aftmost two feet of the 
top surface of the hull or deck, as illustrated in Figure 9.



Sec. 183.315  Reference depth.

    Reference depth is the minimum distance between the uppermost 
surface of the submerged reference area of a boat and the surface of the 
water measured at the centerline of the boat, as illustrated in Figure 
10. If there is no deck surface at the centerline of the boat from which 
a measurement can be made, the reference depth is the average of two 
depth measurements made on opposite sides of, and at an equal

[[Page 712]]

distance from, the centerline of the boat.



Sec. 183.320  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 hours 
before the tests required by Secs. 183.325, 183.330, and 183.335:
    (a) Manufacturer supplied permanent appurtenances such as 
windshields, and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, when 
submerged, is equal to the sum of the following:
    (1) Two-fifteenths of the persons capacity marked on the boat.
    (2) Twenty-five percent of the result of the following calculation, 
but not less than zero: the maximum weight capacity marked on the boat; 
less the weight shown in column 6 of Table 4 for the maximum horsepower 
marked on the boat; less the persons capacity marked on the boat.
    (c) The weights required by paragraph (b) of this section are placed 
in the boat so that the center of gravity of each amount of weight 
required by paragraphs (b)(1) and (b)(2) of this section is within the 
shaded area illustrated in Figure 11. The location and dimensions of the 
shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the passenger 
carrying area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerline of 
the boat, is equal to 40 percent of the length of the passenger carrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the mid-length of 
the passenger carrying area, is equal to 40 percent of the breadth of 
the passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of the 
motor and controls in lieu of this equipment. The quantity of weight 
used for this purpose depends upon the maximum rated horsepower of the 
boat being tested and is specified in Column 2 of Table 4 for the 
swamped weight of the motor and controls.
    (e) Permanent fuel tanks must be filled with fuel and each external 
opening into the fuel tank must be sealed.
    (f) The boat must be keel down in the water.
    (g) The boat must be swamped, allowing water to flow between the 
inside and the outside of the boat, either over the sides, through a 
hull opening, or both. Entrapped air in the flooded portion of the boat 
must be eliminated.



Sec. 183.322  Flotation materials.

    (a) Flotation materials must meet the requirements in Sec. 183.114 
as listed in Table 183.114 when used in the bilge, unless located in a 
sealed compartment.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934, Aug. 16, 1979]

                                  Tests



Sec. 183.325  Flotation test for persons capacity.

    Flotation standard. When the conditions prescribed in Sec. 183.320 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.



Sec. 183.330  Stability test.

    (a) Flotation standard. When the conditions prescribed in 
Sec. 183.320 (a), (d) through (g) and paragraphs (b) and (c) of this 
section are met, the boat must float in fresh, calm water as follows:
    (1) The angle of heel does not exceed 30 degrees from the 
horizontal.
    (2) Any point on either the forward or aft reference area is above 
the surface of the water.
    (3) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 12 inches or 
less.
    (b) Quantity of weight used. Load the boat with quantity of weight 
that, when submerged, is equal to the sum of the following:

[[Page 713]]

    (1) One-half the quantity of weight required by Sec. 183.320(b)(1).
    (2) The quantity of weight required by Sec. 183.320(b)(2).
    (c) Placement of quantity of weight: starboard side. Place the 
quantity of weight required by paragraph (b) of this section in the boat 
so that:
    (1) The quantity of weight required by Sec. 183.320(b)(2) is 
positioned in accordance with Sec. 183.320(c); and
    (2) One-half the quantity of weight required by Sec. 183.320(b)(1) 
is uniformly distributed over a distance along the outboard perimeter of 
the starboard side of the passenger carrying area that is equal to at 
least 30 percent of the length of the passenger carrying area so that 
the center of gravity of the quantity of weight is located within the 
shaded area illustrated in Figure 12, the center of gravity of the 
amount of weight placed on the floor of the boat is at least 4 inches 
above the floor and the center of gravity of the amount of weight placed 
on a seat is at least 4 inches above the seat. The location and 
dimensions of the shaded area are as follows:
    (i) The shaded area is centered at the mid-length of the passenger 
carrying area;
    (ii) The length of the shaded area is equal to 70 percent of the 
length of the passenger carrying area; and
    (iii) The breadth of the shaded area is 6 inches from:
    (a) For weights placed on the floor, the outboard perimeter of the 
passenger carrying area; and
    (b) For weights placed on a seat, a vertical line inside the 
passenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantity of 
weight required by paragraph (b)(1) of this section is placed along the 
port side of the passenger carrying area in accordance with the 
conditions prescribed in paragraph (c)(2) of this section.



Sec. 183.335  Level flotation test without weights for persons capacity.

    When the conditions prescribed in Sec. 183.320 (a), (d) through (g) 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of the heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.

      Table 4--Weights (Pounds) of Outboard Motor and Related Equipment for Various Boat Horsepower Ratings     
----------------------------------------------------------------------------------------------------------------
                                      Motor and control weight       Battery weight           Full              
                                     ----------------------------------------------------   portable            
       Boat horsepower rating                                                              fuel tank     1+3+5  
                                          Dry        Swamped        Dry       Submerged      weight             
----------------------------------------------------------------------------------------------------------------
                                                                      Column No.                                
                                                                                                                
                                     ---------------------------------------------------------------------------
                                           1            2            3            4            5           6    
                                                                                                                
                                     ---------------------------------------------------------------------------
0.1 to 2............................           25           20  ...........  ...........  ...........         25
2.1 to 3.9..........................           40           34  ...........  ...........  ...........         40
4.0 to 7............................           60           52  ...........  ...........           25         35
7.1 to 15...........................           90           82           20           11           50        160
15.1 to 25..........................          125          105           45           25           50        220
25.1 to 45..........................          170          143           45           25          100        315
45.1 to 60..........................          235          195           45           25          100        380
60.1 to 80..........................          280          235           45           25          100        425
80.1 to 145.........................          405          352           45           25          100        550
145.1 to 275........................          430          380           45           25          100        575
275.1 and up........................          605          538           45           25          100        750
                                                                                                                
  Transoms designed for twin motors                                                                             
                                                                                                                
50.1 to 90..........................          340          286           90           50          100        530
90.1 to 120.........................          470          390           90           50          100        660
120.1 to 160........................          560          470           90           50          100        750
160.1 to 290........................          810          704           90           50          100       1000
290.1 to 550........................          860          760           90           50          100       1050

[[Page 714]]

                                                                                                                
550.1 and up........................         1210         1076           90           50          100       1400
----------------------------------------------------------------------------------------------------------------

[CGD 83-012, 49 FR 39328, Oct. 5, 1984]

[[Page 715]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.022


[[Page 716]]





                      Subpart I--Electrical Systems

    Source: CGD 73-217, 42 FR 5944, Jan. 31, 1977, unless otherwise 
noted.

                                 General



Sec. 183.401  Purpose, applicability, and effective dates.

    (a) This subpart applies to all boats that have gasoline engines for 
electrical or mechanical power or propulsion, except outboard engines.
    (b) [Reserved]

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.402  Definitions.

    As used in this subpart--
    AWG means American Wire Gauge.
    Electrical component means electrical equipment such as, but not 
limited to, conductors, solenoids, motors, generators, alternators, 
distributors, resistors, appliances and electrical control devices.
    Pigtails means external power conductors or wires that are part of 
electrical components and appliances, such as bilge pumps, blowers, 
lamps, switches, solenoids, and fuses.
    Sheath means a material used as a continuous protective covering, 
such as electrical tape, molded rubber, molded plastic, or flexible 
tubing, around one or more insulated conductors.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987; CGD 96-026, 61 FR 33670, June 28, 1996]



Sec. 183.405  General.

    Each electrical component on a boat to which this subpart applies 
must meet the requirements of this subpart unless the component is part 
of an outboard engine or part of portable equipment.

                        Manufacturer Requirements



Sec. 183.410  Ignition protection.

    (a) Each electrical component must not ignite a propane gas and air 
mixture that is 4.25 to 5.25 percent propane gas by volume surrounding 
the electrical component when it is operated at each of its manufacturer 
rated voltages and current loadings, unless it is isolated from gasoline 
fuel sources, such as engines, and valves, connections, or other 
fittings in vent lines, fill lines, distribution lines or on fuel tanks, 
in accordance with paragraph (b) of this section.
    (b) An electrical component is isolated from a gasoline fuel source 
if:
    (1) A bulkhead that meets the requirements of paragraph (c) of this 
section is between the electrical component and the gasoline fuel 
source;
    (2) The electrical component is:
    (i) Lower than the gasoline fuel source and a means is provided to 
prevent fuel and fuel vapors that may leak from the gasoline fuel source 
from becoming exposed to the electrical component; or
    (ii) Higher than the gasoline fuel source and a deck or other 
enclosure is between it and the gasoline fuel source; or
    (3) The space between the electrical component and the gasoline fuel 
source is at least two feet and the space is open to the atmosphere.
    (c) Each bulkhead required by paragraph (b)(1) of this section must:
    (1) Separate the electrical component from the gasoline fuel source 
and extend both vertically and horizontally the distance of the open 
space between the fuel source and the ignition source;
    (2) Resist a water level that is 12 inches high or one-third of the 
maximum height of the bulkhead, whichever is less, without seepage of 
more than one-quarter fluid ounce of fresh water per hour; and
    (3) Have no opening located higher than 12 inches or one-third the 
maximum height of the bulkhead, whichever is less, unless the opening is 
used for the passage of conductors, piping, ventilation ducts, 
mechanical equipment, and similar items, or doors, hatches, and access 
panels, and the maximum annular space around each item or door, hatch or 
access panel must not be more than one-quarter inch.



Sec. 183.415  Grounding.

    If a boat has more than one gasoline engine, grounded cranking motor 
circuits must be connected to each other by a common conductor circuit 
that can carry the starting current of each

[[Page 717]]

of the grounded cranking motor circuits.



Sec. 183.420  Batteries.

    (a) Each installed battery must not move more than one inch in any 
direction when a pulling force of 90 pounds or twice the battery weight, 
whichever is less, is applied through the center of gravity of the 
battery as follows:
    (1) Vertically for a duration of one minute.
    (2) Horizontally and parallel to the boat's center line for a 
duration of one minute fore and one minute aft.
    (3) Horizontally and perpendicular to the boat's center line for a 
duration of one minute to starboard and one minute to port.
    (b) Each battery must be installed so that metallic objects cannot 
come in contact with the ungrounded battery terminals.
    (c) Each metallic fuel line and fuel system component within 12 
inches and above the horizontal plane of the battery top surface as 
installed must be shielded with dielectric material.
    (d) Each battery must not be directly above or below a fuel tank, 
fuel filter, or fitting in a fuel line.
    (e) A vent system or other means must be provided to permit the 
discharge from the boat of hydrogen gas released by the battery.
    (f) [Reserved]
    (g) Each battery terminal connector must not depend on spring 
tension for its mechanical connection to the terminal.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.425  Conductors: General.

    (a) Each conductor must be insulated, stranded copper.
    (b) Except for intermittent surges each conductor must not carry a 
current greater than that specified in Table 5 for the conductor's gauge 
and temperature rating.
    (c) For conductors in engine spaces, amperages must be corrected by 
the appropriate correction factor in note 1 of Table 5.
    (d) Each conductor in a multiconductor sheath must be at least a No. 
18 AWG conductor.
    (e) Each conductor installed separately must be at least a No. 16 
AWG conductor.
    (f) Each No. 18 AWG conductor in a multiconductor sheath may not 
extend out of the sheath more than 30 inches.
    (g) This section does not apply to communications systems; 
electronic navigation equipment; electronic circuits having a current 
flow of less than one ampere; conductors which are totally inside an 
equipment housing; resistance conductors that control circuit amperage; 
high voltage secondary conductors and terminations that are in ignition 
systems; pigtails of less than seven inches of exposed length and 
cranking motor conductors.

                                    Table 5--Allowable Amperage of Conductors                                   
----------------------------------------------------------------------------------------------------------------
                                                     Temperature rating of conductor insulation                 
                                   -----------------------------------------------------------------------------
                                                                                 105 deg.   125 deg.            
       Conductor size (AWG)         60 deg. C  75 deg. C  80 deg. C  90 deg. C    C (221     C (257   200 deg. C
                                    (140 deg.  (167 deg.  (176 deg.  (194 deg.   deg. F)    deg. F)    (392 deg.
                                        F)         F)         F)         F)                               F)    
----------------------------------------------------------------------------------------------------------------
18................................         10         10         15         20         20         25          25
16................................         15         15         20         25         25         30          35
14................................         20         20         25         30         35         40          45
12................................         25         25         35         40         45         50          55
10................................         40         40         50         55         60         70          70
8.................................         55         65         70         70         80         90         100
6.................................         80         95        100        100        120        125         135
4.................................        105        125        130        135        160        170         180
3.................................        120        145        150        155        180        195         210
2.................................        140        170        175        180        210        225         240
1.................................        165        195        210        210        245        265         280
0.................................        195        230        245        245        285        305         325
00................................        225        265        285        285        330        355         370
000...............................        260        310        330        330        385        410         430
0000..............................        300        360        385        385        445        475         510
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 718]]

                                                                                                                
                                                      NOTES                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1. See the following table:         60 deg. C  75 deg. C  80 deg. C  90 deg. C   105 deg.                       
                                                                                        C   125 deg.            
                                                                                                   C  200 deg. C
                                    (140 deg.                                                                   
                                           F)  (167 deg.                                                        
                                                      F)  (176 deg.                                             
                                                                 F)  (194 deg.                                  
                                                                            F)  (221 deg.                       
                                                                                       F)  (257 deg.            
                                                                                                  F)   (392 deg.
                                                                                                              F)
  Temperature rating of conductor.       0.58       0.75       0.78       0.82       0.85       0.89        1.00
                                                                                                                
2. See the following table:                                                                           Correction
                                                                                                          factor
  Number of current carrying conductors:                                                                        
    3...............................................................................................        0.70
    4 to 6..........................................................................................         .60
    7 to 24.........................................................................................         .50
    25 and above....................................................................................         .40
----------------------------------------------------------------------------------------------------------------

[CGD 73-217, 42 FR 5944, Jan. 31, 1977; 42 FR 24739, May 16, 1977, as 
amended by CGD 81-092, 48 FR 55736, Dec. 15, 1983]



Sec. 183.430  Conductors in circuits of less than 50 volts.

    (a) Each conductor in a circuit that has a nominal voltage of less 
than 50 volts must:
    (1) Meet the requirements of Sec. 183.435; or
    (2) Meet:
    (i) The insulating material temperature rating requirements of SAE 
Standard J378; and
    (ii) SAE Standard J1127, or SAE Standard 1128.
    (b) This section does not apply to communication systems; electronic 
navigation equipment; resistance conductors that control circuit 
amperage; and pigtails of less than seven inches of exposed length.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 87-009, 53 FR 
36971, Sept. 23, 1988]



Sec. 183.435  Conductors in circuits of 50 volts or more.

    (a) Each conductor in a circuit that has a nominal voltage of 50 
volts or more must be:
    (1) A conductor that has insulation listed and classified moisture 
resistant and flame retardant in Article 310, NFPA No. 70, National 
Electric Code;
    (2) A flexible cord type SO, STO, ST, SJO, SJT, or SJTO listed in 
Article 400, NFPA No. 70, National Electric Code;
    (3) A conductor that meets IEEE Standard 45.
    (4) A conductor that meets UL Standard 1426.
    (b) Where the nominal circuit voltage of each of three or more 
current carrying conductors in a duct, bundle, or cable is 50 volts or 
more, the amperages of each of those conductors must not exceed the 
value in table 5 multiplied by the correction factor in note 2 to Table 
5 for the number of conductors that carry 50 volts or more.
    (c) This section does not apply to communication systems; electronic 
navigation equipment; resistance conductors that control circuit 
amperage; conductors in secondary circuits of ignition systems; and 
pigtails of less than seven inches of exposed length.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977; 42 FR 24739, May 16, 1977, as 
amended by CGD 80-047 and CGD 80-046, 45 FR 85450, Dec. 29, 1980; CGD 
87-009, 53 FR 36972, Sept. 23, 1988]



Sec. 183.440  Secondary circuits of ignition systems.

    (a) Each conductor in a secondary circuit of an ignition system must 
meet SAE Standard J557.
    (b) The connection of each ignition conductor to a spark plug, coil, 
or distributor must have a tight fitting cap, boots, or nipple.



Sec. 183.445  Conductors: Protection.

    (a) Each conductor or group of conductors that passes through a 
bulkhead, structural member, junction box, or other rigid surface must 
be protected from abrasion.

[[Page 719]]

    (b) Each ungrounded terminal or stud that is continuously energized 
must meet Sec. 183.455 or must have a boot, nipple, cap, cover, or 
shield that prevents accidental short-circuiting at the terminals or 
studs.

[CGD 81-092, 48 FR 55736, Dec. 15, 1983]



Sec. 183.455  Overcurrent protection: General.

    (a) Each ungrounded current-carrying conductor must be protected by 
a manually reset, tripfree circuit breaker or fuse.
    (b) A manually reset, trip-free circuit breaker or fuse must be 
placed at the source of power for each circuit or conductor except:
    (1) If it is physically impractical to place the circuit breaker or 
fuse at the source of power, it may be placed within seven inches of the 
source of power for each circuit or conductor measured along the 
conductor.
    (2) If it is physically impractical to place the circuit breaker or 
fuse at or within seven inches of the source of power, it may be placed 
within 40 inches of the source of power for each circuit or conductor, 
measured along the conductor, if the conductor is contained throughout 
its entire distance between the source of power and the required circuit 
breaker or fuse in a sheath or enclosure such as a junction box, control 
box, or enclosed panel.
    (c) The current rating of each circuit breaker or fuse must not 
exceed:
    (1) For circuits of less than 50 volts, 150% of the value of the 
amperage in Table 5 for the conductor size it is protecting; and
    (2) For circuits of 50 volts or more, the value of the amperage in 
Table 5 for the conductor size it is protecting. If this value does not 
correspond to a standard size or rated circuit breaker or fuse the next 
larger size or rated circuit breaker or fuse may be used if it does not 
exceed 150% of the allowed current capacity of the conductor.
    (d) The voltage rating of each circuit breaker or fuse must not be 
less than the nominal circuit voltage of the circuit it is protecting.
    (e) This section does not apply to resistance conductors that 
control circuit amperage; conductors in secondary circuits of ignition 
systems; pigtails of less than seven inches of exposed length; and power 
supply conductors in cranking motor circuits.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 78-090, 44 FR 
68466, Nov. 29, 1979]



Sec. 183.460  Overcurrent protection: Special applications.

    (a) Each ungrounded output conductor from a storage battery must 
have a manually reset, trip-free circuit breaker or fuse, unless the 
output conductor is in the main power feed circuit from the battery to 
an engine cranking motor. The circuit breaker or fuse must be within 72 
inches of the battery measured along the conductor, unless, for boats 
built prior to August 1, 1985, the circuit has a switch that disconnects 
the battery.
    (b) Each ungrounded output conductor from an alternator or 
generator, except for self-limiting alternators or generators, must have 
a circuit breaker or fuse that has a current rating that does not exceed 
120 percent of the maximum rated current of the alternator or generator 
at 60 deg. C.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55736, Dec. 15, 1983]



                         Subpart J--Fuel Systems

    Source: CGD 74-209, 42 FR 5950, Jan. 31, 1977, unless otherwise 
noted.

                                 General



Sec. 183.501  Applicability.

    (a) This subpart applies to all boats that have gasoline engines, 
except outboard engines, for electrical generation or mechanical power 
for propulsion.
    (b) [Reserved]

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.505  Definitions.

    As used in this subpart:
    Flame arrestor means a device or assembly that prevents passage of 
flame through a fuel vent.
    Fuel system means the entire assembly of the fuel fill, vent, tank, 
and distribution components, including

[[Page 720]]

pumps, valves, strainers, carburetors, and filters.
    Static floating position means the attitude in which a boat floats 
in calm water, with each fuel tank filled to its rated capacity, but 
with no person or item of portable equipment on board.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.507  General.

    Each fuel system component on a boat to which this subpart applies 
must meet the requirements of this subpart unless the component is part 
of an outboard engine or is part of portable equipment.

                           Equipment Standards



Sec. 183.510  Fuel tanks.

    (a) Each fuel tank in a boat must have been tested by its 
manufacturer under Sec. 183.580 and not leak when subjected to the 
pressure marked on the tank label under Sec. 183.514(b)(5).
    (b) Each fuel tank must not leak if subjected to the fire test under 
Sec. 183.590. Leakage is determined by the static pressure test under 
Sec. 183.580, except that the test pressure must be at least one-fourth 
PSIG.
    (c) Each fuel tank of less than 25 gallons capacity must not leak if 
tested under Sec. 183.584.
    (d) Each fuel tank with a capacity of 25 to 199 gallons must not 
leak if tested under Sec. 183.586.
    (e) Each fuel tank of 200 gallons capacity or more must not leak if 
tested under Secs. 183.586 and 183.588.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.512  Fuel tanks: Prohibited materials.

    (a) A fuel tank must not be constructed from terneplate.
    (b) Unless it has an inorganic sacrificial galvanic coating on the 
inside and outside of the tank, a fuel tank must not be constructed from 
black iron or carbon steel.
    (c) A fuel tank encased in cellular plastic or in fiber reinforced 
plastic must not be constructed from a ferrous alloy.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977; 42 FR 24739, May 16, 1977]



Sec. 183.514  Fuel tanks: Labels.

    (a) Each fuel tank must have a label that meets the requirements of 
paragraphs (b) through (d) of this section.
    (b) Each label required by paragragh (a) of this section must 
contain the following information:
    (1) Fuel tank manufacturer's name (or logo) and address.
    (2) Month (or lot number) and year of manufacture.
    (3) Capacity in U.S. gallons.
    (4) Material of construction.
    (5) The pressure the tank is designed to withstand without leaking.
    (6) Model number, if applicable.
    (7) The statement, ``This tank has been tested under 33 CFR 
183.510(a).''
    (8) If the tank is tested under Sec. 183.584 at less than 25g 
vertical accelerations the statement, ``Must be installed aft of the 
boat's half length.''
    (c) Each letter and each number on a label must:
    (1) Be at least \1/16\ inch high and
    (2) Contrast with the basic color of the label or be embossed on the 
label.
    (d) Each label must:
    (1) Withstand the combined effects of exposure to water, oil, salt 
spray, direct sunlight, heat, cold, and wear expected in normal 
operation of the boat, without loss of legibility; and
    (2) Resist efforts to remove or alter the information on the label 
without leaving some obvious sign of such efforts.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.516  Cellular plastic used to encase fuel tanks.

    (a) Cellular plastic used to encase metallic fuel tanks must:
    (1) Not change volume by more than five percent or dissolve after 
being immersed in any of the following liquids for 24 hours at 29 deg. 
C:
    (i) Reference fuel B ASTM D-471.
    (ii) No. 2 reference oil of ASTM D-471.
    (iii) Five percent solution of trisodium phosphate in water; and

[[Page 721]]

    (2) Not absorb more than 0.12 pound of water per square foot of cut 
surface, measure under Military Specification MIL P-21929B.
    (b) Non-polyurethane cellular plastic used to encase metallic fuel 
tanks must have a compressive strength of at least 60 pounds per square 
inch at ten percent deflection measured under ASTM D-1621, ``Compressive 
Strength of Rigid Cellular Plastics''.
    (c) Polyurethane cellular plastic used to encase metallic fuel tanks 
must have a density of at least 2.0 pounds per cubic foot, measured 
under ASTM D-1622, ``Apparent Density of Rigid Cellular Plastics.''

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977; CGD 81-092, 48 FR 55737, Dec. 15, 1983]



Sec. 183.518  Fuel tank openings.

    Each opening into the fuel tank must be at or above the topmost 
surface of the tank.



Sec. 183.520  Fuel tank vent systems.

    (a) Each fuel tank must have a vent system that prevents pressure in 
the tank from exceeding 80 percent of the pressure marked on the tank 
label under Sec. 183.514(b)(5).
    (b) Each vent must:
    (1) Have a flame arrester that can be cleaned unless the vent is 
itself a flame arrestor; and
    (2) Not allow a fuel overflow at the rate of up to two gallons per 
minute to enter the boat.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.524  Fuel pumps.

    (a) Each diaphragm pump must not leak fuel from the pump if the 
primary diaphragm fails.
    (b) Each electrically operated fuel pump must not operate except 
when the engine is operating or when the engine is started.
    (c) If tested under Sec. 183.590, each fuel pump, as installed in 
the boat, must not leak more than five ounces of fuel in 2\1/2\ minutes, 
inclusive of leaks from fuel line, fuel filter and strainer.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.526  Carburetors.

    (a) [Reserved]
    (b) Each carburetor must not leak more than five cubic centimeters 
of fuel in 30 seconds when:
    (1) The float valve is open;
    (2) The carburetor is at half throttle; and
    (3) The engine is cranked without starting; or
    (4) The fuel pump is delivering the maximum pressure specified by 
its manufacturer.
    (c) Each updraft and horizontal draft carburetor must have a device 
that:
    (1) Collects and holds fuel that flows out of the carburetor venturi 
section toward the air intake;
    (2) Prevents collected fuel from being carried out of the carburetor 
assembly by the shock wave of a backfire or by reverse air flow; and
    (3) Returns collected fuel to the engine induction system after the 
engine starts,

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.528  Fuel stop valves.

    (a) Each electrically operated fuel stop valve in a fuel line 
between the fuel tank and the engine must:
    (1) Open electrically only when the ignition switch is on; and
    (2) Operate manually.
    (b) If tested in accordance with the fire test under Sec. 183.590, a 
fuel stop valve installed in a fuel line system requiring metallic fuel 
lines or ``USCG Type A1'' hose must not leak fuel.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.530  Spud, pipe, and hose fitting configuration.

    Except when used for a tank fill line, each spud, pipe, or hose 
fitting used with hose clamps must have:
    (a) A bead;
    (b) A flare; or

[[Page 722]]

    (c) A series of annular grooves or serations no less than 0.015 
inches deep, except a continous helical thread, knurl, or groove.



Sec. 183.532  Clips, straps, and hose clamps.

    (a) Each clip, strap, and hose clamp must:
    (1) Be made from a corrosion resistant material; and
    (2) Not cut or abrade the fuel line.
    (b) If tested in accordance with the fire test under Sec. 183.590, a 
hose clamp installed on a fuel line system requiring metallic fuel lines 
or ``USCG Type A1'' hose must not separate under a one pound tensile 
force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.534  Fuel filters and strainers.

    If tested under Sec. 183.590, each fuel filter and strainer, as 
installed in the boat, must not leak more than five ounces of fuel in 
2\1/2\ minutes inclusive of leaks from the fuel pump and fuel line.

[CGD 77-98, 42 FR 36253, July 14, 1977]



Sec. 183.536  Seals and gaskets in fuel filters and strainers.

    (a) [Reserved]
    (b) Each gasket and each sealed joint in a fuel filter and strainer 
must not leak when subjected for 24 hours to a gasoline that has at 
least a 50 percent aromatic content at the test pressure marked on the 
fuel tank label.

[CGD 81-092, 48 FR 55737, Dec. 15, 1983]



Sec. 183.538  Metallic fuel line materials.

    Each metallic fuel line connecting the fuel tank with the fuel inlet 
connection on the engine must:
    (a) Be made of seamless annealed copper, nickel copper, or copper-
nickel; and
    (b) Except for corrugated flexible fuel line, have a minimum wall 
thickness of 0.029 inches.



Sec. 183.540  Hoses: Standards and markings.

    (a) ``USCG Type A1'' hose means hose that meets the performance 
requirements of:
    (1) SAE Standard J1527DEC85, Class 1 and the fire test in 
Sec. 183.590; or
    (2) Underwriters' Laboratories, Inc. (UL) Standard 1114.
    (b) ``USCG Type A2'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 2 and the fire test in 
Sec. 183.590;
    (c) ``USCG Type B1'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 1.
    (d) ``USCG Type B2'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 2.

    Note: SAE Class 1 hose has a permeation rating of 100 grams or less 
fuel loss per square meter of interior surface in 24 hours.

    SAE Class 2 hose has a permeation rating of 300 grams or less fuel 
loss per square meter of interior surface in 24 hours.

    (e) Each ``USCG Type A1,'' ``USCG Type A2,'' ``USCG Type B1,'' and 
``USCG Type B2'' hose must be identified by the manufacturer by a 
marking on the hose.
    (f) Each marking must contain the following information in English:
    (1) The statement ``USCG TYPE (insert A1 or A2 or B1 or B2).''
    (2) The year in which the hose was manufactured.
    (3) The manufacturer's name or registered trademark.
    (g) Each character must be block capital letters and numerals that 
are at least one eighth-inch high.
    (h) Each marking must be permanent, legible, and on the outside of 
the hose at intervals of 12 inches or less.

[CGD 85-098, 52 FR 19728, May 27, 1987]



Sec. 183.542  Fuel systems.

    (a) Each fuel system in a boat must have been tested by the boat 
manufacturer and not leak when subjected to the greater of the following 
pressures:
    (1) Three pounds per square inch; or
    (2) One and one-half times the pressure created in the lowest part 
of the fuel system when it is filled to the level of overflow with fuel.
    (b) The test pressure shall be obtained with air or inert gas.

[CGD 81-092, 48 FR 55737, Dec. 15, 1983]

[[Page 723]]

                        Manufacturer Requirements



Sec. 183.550  Fuel tanks: Installation.

    (a) Each fuel tank must not be integral with any boat structure or 
mounted on an engine.
    (b) Each fuel tank must not move at the mounting surface more than 
onefourth inch in any direction.
    (c) Each fuel tank must not support a deck, bulkhead, or other 
structural component.
    (d) Water must drain from the top surface of each metallic fuel tank 
when the boat is in its static floating position.
    (e) Each fuel tank support, chock, or strap that is not integral 
with a metallic fuel tank must be insulated from the tank surface by a 
nonmoisture absorbing material.
    (f) Cellular plastic must not be the sole support for a metallic 
fuel tank.
    (g) If cellular plastic is the sole support of a non-metallic fuel 
tank, the cellular plastic must meet the requirements of Sec. 183.516 
(b) or (c).
    (h) Each fuel tank labled under Sec. 183.514(b)(8) for installation 
aft of the boat's half length must be installed with its center of 
gravity aft of the boat's half length.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.552  Plastic encased fuel tanks: Installation.

    (a) Each fuel tank encased in cellular plastic foam or in fiber 
reinforced plastic must have the connections, fittings, and labels 
accessible for inspection and maintenance.
    (b) If a metallic fuel tank is encased in cellular plastic or in 
fiber reinforced plastic, water must not collect between the plastic and 
the surface of the tank or be held against the tank by capillary action.
    (c) If the plastic is bonded to the surface of a metallic fuel tank, 
the adhesive strength of the metal to the plastic bond must exceed the 
cohesive strength of the plastic.



Sec. 183.554  Fittings, joints, and connections.

    Each fuel system fitting, joint, and connection must be arranged so 
that it can be reached for inspection, removal, or maintenance without 
removal of permanent boat structure.



Sec. 183.556  Plugs and fittings.

    (a) A fuel system must not have a fitting for draining fuel.
    (b) A plug used to service the fuel filter or strainer must have a 
tapered pipethread or be a screw type fitted with a locking device other 
than a split lock washer.



Sec. 183.558  Hoses and connections.

    (a) Each hose used between the fuel pump and the carburetor must be 
``USCG Type A1'' hose.
    (b) Each hose used--
    (1) For a vent line or fill line must be:
    (i) ``USCG Type A1'' or ``USCG Type A2''; or
    (ii) ``USCG Type B1'' or ``USCG Type B2'' if no more than five 
ounces of fuel is discharged in 2\1/2\ minutes when:
    (A) The hose is severed at the point where maximum drainage of fuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity market on the tank 
label under Sec. 183.514(b)(3).
    (2) From the fuel tank to the fuel inlet connection on the engine 
must be:
    (i) ``USCG Type A1''; or
    (ii) ``USCG Type B1'' if no more than five ounces of fuel is 
discharged in 2\1/2\ minutes when:
    (A) The hose is severed at the point where maximum drainage of fuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity marked on the tank 
label under Sec. 183.514(b)(3).
    (c) Each hose must be secured by:
    (1) A swaged sleeve;
    (2) A sleeve and threaded insert; or
    (3) A hose clamp.
    (d) The inside diameter of a hose must not exceed the actual minor 
outside diameter of the connecting spud, pipe, or fitting by more than 
the distance shown in Table 8.

[[Page 724]]



                                 Table 8                                
If minor outside diameter of the            The inside diameter of the  
 connecting spud, pipe, or fitting is--      hose must not exceed the   
                                             minor outside diameter of  
                                             the connecting spud, pipe, 
                                             or hose fitting by more    
                                             than the following         
                                             distance:                  
Less than \3/8\ in........................  0.020 in.                   
\3/8\ in. to 1 in.........................  0.035 in.                   
Greater than 1 in.........................  0.065 in.                   
                                                                        

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.560  Hose clamps: Installation.

    Each hose clamp on a hose from the fuel tank to the fuel inlet 
connection on the engine, a hose between the fuel pump and the 
carburetor, or a vent line must:
    (a) Be used with hose designed for clamps;
    (b) [Reserved]
    (c) Be beyond the bead, flare, or over the serrations of the mating 
spud, pipe, or hose fitting; and
    (d) Not depend solely on the spring tension of the clamp for 
compressive force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.562  Metallic fuel lines.

    (a) Each metallic fuel line that is mounted to the boat structure 
must be connected to the engine by a flexible fuel line.
    (b) Each metallic fuel line must be attached to the boat's structure 
within four inches of its connection to a flexible fuel line.



Sec. 183.564  Fuel tank fill system.

    (a) Each fuel fill opening must be located so that a gasoline 
overflow of up to five gallons per minute for at least five seconds will 
not enter the boat when the boat is in its static floating position.
    (b) Each hose in the tank fill system must be secured to a pipe, 
spud, or hose fitting by:
    (1) A swaged sleeve;
    (2) A sleeve and threaded insert; or
    (3) Two adjacent metallic hose clamps that do not depend solely on 
the spring tension of the clamps for compressive force.
    (c) Each hose clamp in the tank fill system must be used with a hose 
designed for clamps.
    (d) Hose clamps used in the tank fill system must:
    (1) Have a minimum nominal band width of at least one-half inch; and
    (2) Be over the hose and the spud, pipe, or hose fitting.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.566  Fuel pumps: Placement.

    Each fuel pump must be on the engine it serves or within 12 inches 
of the engine, unless it is a fuel pump used to transfer fuel between 
tanks.



Sec. 183.568  Anti-siphon protection.

    Each fuel line from the fuel tank to the fuel inlet connection on 
the carburetor must:
    (a) Be above the level of the tank top; or
    (b) Have an anti-siphon device or an electrically operated fuel stop 
valve:
    (1) At the tank withdrawal fitting; or
    (2) Installed so the line from the fuel tank is above the top of the 
tank; or
    (c) Provided that the fuel tank top is below the level of the 
carburetor inlet, be metallic fuel lines meeting the construction 
requirements of Sec. 183.538 or ``USCG Type A1'' hose, with one or two 
manual shutoff valves installed as follows:
    (1) Directly at the fuel tank connection arranged to be readily 
accessible for operation from outside of the compartment, and
    (2) If the length of fuel line from the tank outlet to the engine 
inlet is greater than 12 feet, a manual shutoff valve shall be installed 
at the fuel inlet connection to the engine.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983; CGD 85-098, 52 FR 19729, May 27, 1987]



Sec. 183.570  Fuel filters and strainers: Installation.

    Each fuel filter and strainer must be supported on the engine or 
boat structure independent from its fuel line connections, unless the 
fuel filter or strainer is inside a fuel tank.

[[Page 725]]



Sec. 183.572  Grounding.

    Each metallic component of the fuel fill system and fuel tank which 
is in contact with fuel must be statically grounded so that the 
resistance between the ground and each metallic component of the fuel 
fill system and fuel tank is less than 100 ohms.

                                  Tests



Sec. 183.580  Static pressure test for fuel tanks.

    A fuel tank is tested by performing the following procedures in the 
following order:
    (a) Fill the tank with air or inert gas to the pressure marked on 
the tank label under Sec. 183.514(b)(5).
    (b) Examine each tank fitting and seam for leaks using a leak 
detection method other than the pressure drop method.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.584  Shock test.

    A fuel is tested by performing the following procedures in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with a gasoline 
that has at least a 50 percent aromatic content. Keep the fuel in the 
tank at 21 deg. C or higher for 30 days prior to testing.
    (c) Mount the tank to the platform of an impact test machine.
    (d) Fill the tank to capacity with water.
    (e) Apply one of the following accelerations within three inches of 
the center of the horizontal mounting surface of the tank. The duration 
of each vertical acceleration pulse is measured at the base of the shock 
envelope.
    (1) If the tank is not labeled under Sec. 183.514(b)(8) for 
installation aft of the half length of the boat, apply 1000 cycles of 
25g vertical accelerations at a rate of 80 cycles or less per minute. 
The duration of the acceleration pulse must be between 6 and 14 
milliseconds.
    (2) If the tank is manufactured for installation with its center of 
gravity aft of the half length of the boat, apply 1000 cycles of 15g 
vertical accelerations at a rate of 80 cycles or less per minute. The 
duration of the shock pulse must be between 6 and 14 milliseconds.
    (f) Perform the static pressure test under Sec. 183.580.



Sec. 183.586  Pressure impulse test.

    A fuel tank is tested by performing the following procedures in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with a gasoline 
that has at least a 50 percent aromatic content. Keep the fuel in the 
tank at 21 deg. C or higher for 30 days prior to testing.
    (c) Mount the tank on a test platform.
    (d) Fill the tank to capacity with water.
    (e) Cap and seal each opening in the tank.
    (f) Apply 25,000 cycles of pressure impulse at the rate of no more 
than 15 impulses per minute varying from zero to three PSIG to zero 
inside the tank top from a regulated source of air, inert gas, or water.
    (g) Perform the static pressure test under Sec. 183.580.



Sec. 183.588  Slosh test.

    A fuel tank is tested by performing the following procedures in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) Perform the pressure impulse test under Sec. 183.586.
    (c) Secure the tank to the platform of a tank rocker assembly.
    (d) Fill the tank to one-half capacity with water.
    (e) Cap and seal each opening in the tank.
    (f) Apply 500,000 cycles or rocking motion 15 degree to each side of 
the tank centerline at the rate of 15 to 20 cycles a minute. The axis of 
rotation of the rocker and fuel tank must be perpendicular to the 
centerline of the tank length at a level six inches or less above or 
below the tank's bottom.
    (g) Perform the static pressure test under Sec. 183.580.

[[Page 726]]



Sec. 183.590  Fire test.

    (a) A piece of equipment is tested under the following conditions 
and procedures:
    (1) Fuel stop valves, ``USCG Type A1'' or USCG Type A2'' hoses and 
hose clamps are tested in a fire chamber.
    (2) Fuel filters, strainers, and pumps are tested in a fire chamber 
or as installed on the engine in the boat.
    (3) Fuel tanks must be tested filled with fuel to one-fourth the 
capacity marked on the tank in a fire chamber or in an actual or 
simulated hull section.
    (b) Each fire test is conducted with free burning heptane and the 
component must be subjected to a flame for 2\1/2\ minutes.
    (c) If the component is tested in a fire chamber:
    (1) The temperature within one inch of the component must be at 
least 648 deg. C sometime during the 2\1/2\ minute test;
    (2) The surface of the heptane must be 8 to 10 inches below the 
component being tested; and
    (3) The heptane must be in a container that is large enough to 
permit the perimeter of the top surface of the heptane to extend beyond 
the vertical projection of the perimeter of the component being tested.
    (d) If the component is being tested as installed on an engine, 
heptane sufficient to burn 2\1/2\ minutes must be poured over the 
component and allowed to run into a flat bottomed pan under the engine. 
The pan must be large enough to permit the perimeter of the top surface 
of the heptane to extend beyond the vertical projection of the perimeter 
of the engine.
    (e) If a fuel tank is being tested in an actual or simulated hull 
section, the actual or simulated hull section must be of sufficient size 
to contain enough heptane to burn for 2\1/2\ minutes in a place adjacent 
to the tank.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977; CGD 85-098, 52 FR 19729, May 27, 1987]



                         Subpart K--Ventilation

    Source: CGD 76-082, 44 FR 73027, Dec. 17, 1979, unless otherwise 
noted.



Sec. 183.601  Applicability.

     This subpart applies to all boats that:
    (a) Have gasoline engines for electrical generation, mechanical 
power, or propulsion; and
    (b) Are built after July 31, 1980, except that a manufacturer may 
elect to comply with this subpart at any time after July 31, 1978.



Sec. 183.605  Definitions.

    As used in this subpart:
    ``Fuel'' means gasoline.
    ``Open to the atmosphere'' means a compartment that has at least 15 
square inches of open area directly exposed to the atmosphere for each 
cubic foot of net compartment volume.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 85-098, 52 FR 
19729, May 27, 1987]



Sec. 183.607  Incorporation by reference.

    (a) The following standards are incorporated by reference. Copies 
may be obtained from the sources indicated. They are also available for 
inspection at Coast Guard Headquarters, Room 4210, 2100 Second Street, 
SW., Washington, DC 20593 and at the Office of the Federal Register 
Library, 800 North Capitol Street, NW., suite 700, Washington, DC 20408.
    (1) AMCA Standard 210-74, Figure 12. Air Moving and Conditioning 
Association, 30 West University Drive, Arlington Heights, Illinois 
60004.
    (2) ASTM Standard D-471. American Society for Testing and Materials, 
1916 Race Street, Philadelphia, Pennsylvania 19103.
    (3) UL Standard 1128. Underwriters Laboratories, Incorporated, 207 
Ohio Street, Chicago, Illinois 60611.
    (b) The Director of the Federal Register approved the incorporation 
by reference in paragraph (a)(2) on September 26, 1976 and the 
incorporations in paragraphs (a) (1) and (3) on March 24, 1978.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 82-010, 48 FR 
8273, Feb. 28, 1983]

[[Page 727]]



Sec. 183.610  Powered ventilation system.

    (a) Each compartment in a boat that has a permanently installed 
gasoline engine with a cranking motor must:
    (1) Be open to the atmosphere, or
    (2) Be ventilated by an exhaust blower system.
    (b) Each exhaust blower or combination of blowers must be rated at 
an air flow capacity not less than that computed by the formulas given 
in Table 183.610, Column 2. Blower rating must be determined according 
to AMCA Standard 210-74, Figure 12, or UL Standard 1128.

                              Table 183.610                             
------------------------------------------------------------------------
            Col. 1\1\                  Col. 2\2\           Col. 3\3\    
------------------------------------------------------------------------
Below 34........................  Fr=50.............  Fo=20             
34 to 100.......................  Fr=1.5V...........  Fo=0.6V           
Over 100........................  Fr=V/2+100........  Fo=0.2V+40        
------------------------------------------------------------------------
\1\Net compartment volume of engine compartment and compartments open   
  thereto (V) cubic feet.                                               
\2\Rated blower capacity (Fr) cubic feet per minute.                    
\3\Blower system output (Fo) cubic feet per minute.                     

    (c) Each exhaust blower system required by paragraph (a)(2) of this 
section must exhaust air from the boat at a rate which meets the 
requirements of Table 183.610, Column 3 when the engine is not 
operating.
    (d) Each intake duct for an exhaust blower must be in the lower one-
third of the compartment and above the normal level of accumulated bilge 
water.
    (e) More than one exhaust blower may be used in combination to meet 
the requirements of this section.
    (f) Each boat that is required to have an exhaust blower must have a 
label that:
    (1) Is located as close as practicable to each ignition switch;
    (2) Is in plain view of the operator; and
    (3) Has at least the following information:

    WARNING--GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE OPERATE 
BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE 
VAPORS.



Sec. 183.620  Natural ventilation system.

    (a) Except for compartments open to the atmosphere, a natural 
ventilation system that meets the requirements of Sec. 183.630 must be 
provided for each compartment in a boat that:
    (1) Contains a permanently installed gasoline engine;
    (2) Has openings between it and a compartment that requires 
ventilation, where the aggregate area of those openings exceeds 2 
percent of the area between the compartments, except as provided in 
paragraph (c) of this section;
    (3) Contains a permanently installed fuel tank and an electrical 
component that is not ignition protected in accordance with 
Sec. 183.410(a);
    (4) Contains a fuel tank that vents into that compartment; or
    (5) Contains a non-metallic fuel tank:
    (i) With an aggregate permeability rate exceeding 1.2 grams of fuel 
loss in 24 hours per cubic foot of net compartment volume, or
    (ii) If the net compartment volume is less than one cubic foot, 
having a permeability rate exceeding 1.2 grams of fuel loss in 24 hours.

Reference fuel ``C'' at 40 degrees Celsius plus or minus 2 degrees 
Celsius from ASTM standard D-471-1979 is to be used in determining the 
permeability rate.
    (b) Each supply opening required in Sec. 183.630 must be located on 
the exterior surface of the boat.
    (c) An accommodation compartment above a compartment requiring 
ventilation that is separated from the compartment requiring ventilation 
by a deck or other structure is excepted from paragraph (a)(2) of this 
section.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 76-082(a), 46 
FR 27645, May 21, 1981; CGD 85-059, 51 FR 37577, Oct. 23, 1986]



Sec. 183.630  Standards for natural ventilation.

    (a) For the purpose of Sec. 183.620, ``natural ventilation'' means 
an airflow in a compartment in a boat achieved by having:
    (1) A supply opening or duct from the atmosphere or from a 
ventilated compartment or from a compartment that is open to the 
atmosphere; and
    (2) An exhaust opening into another ventilated compartment or an 
exhaust duct to the atmosphere.
    (b) Each exhaust opening or exhaust duct must originate in the lower 
third of the compartment.

[[Page 728]]

    (c) Each supply opening or supply duct and each exhaust opening or 
exhaust duct in a compartment must be above the normal accumulation of 
bilge water.
    (d) Except as provided in paragraph (e) of this section, supply 
openings or supply ducts and exhaust openings or exhaust ducts must each 
have a minimum aggregate internal cross-sectional area calculated as 
follows:

A=5 ln (V/5);

where:

(1) A is the minimum aggregate internal cross-sectional area of the 
openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including the net 
volume of other compartments connected by openings that exceed 2 percent 
of the area between the compartments; and
(3) ln (V/5) is the natural logarithm of the quantity (V/5).

    (e) The minimum internal cross-sectional area of each supply opening 
or duct and exhaust opening or duct must exceed 3.0 square inches.
    (f) The minimum internal cross-sectional area of terminal fittings 
for flexible ventilation ducts installed to meet the requirements of 
paragraph (d) of this section must not be less than 80 percent of the 
required internal cross-sectional area of the flexible ventilation duct.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979; 45 FR 7544, Feb. 4, 1980]



                   Subpart L--Start-in-Gear Protection

    Source: CGD 79-137, 46 FR 3515, Jan. 15, 1981, unless otherwise 
noted.



Sec. 183.701  Applicability.

    This subpart applies to outboard motors and starting controls 
manufactured after August 1, 1982, and to manufacturers, distributors or 
dealers installing such equipment after that date.



Sec. 183.705  Definitions.

    For the purposes of this subpart:
    (a) Outboard motor means a self-contained propulsion system of any 
horsepower rating designed to be installed on, and removable from the 
transom of a boat.
    (b) Static thrust means the forward or backward thrust developed by 
an outboard motor and associated propulsion unit while stationary.
    (c) Starting control means the motor throttle, shift and starting 
control mechanisms located at a position remote from the outboard motor.
    (d) Local starting means operating a mechanical or electrical 
starting device built into the outboard motor.
    (e) Distributor means any person engaged in the sale and 
distribution of boats or associated equipment for the purpose of resale.
    (f) Dealer means any person who is engaged in the sale and 
distribution of boats or associated equipment to purchasers who the 
seller in good faith believes to be purchasing any such boat or 
associated equipment for purposes other than resale.



Sec. 183.710  Start-in-gear protection required.

    (a) Any outboard motor which is capable of developing a static 
thrust of 115 pounds or more at any motor operating speed with any 
propeller or jet attachment recommended for or shipped with the motor by 
the manufacturer, must be equipped with a device to prevent the motor 
being started when controls are set so as to attain that thrust level, 
as follows:
    (1) Outboard motors designed for local starting must have a built-in 
start-in-gear protection device.
    (2) Outboard motors designed for remote starting must have either a 
built-in start-in-gear protection device or be installed with remote 
starting controls containing this device. An outboard motor designed for 
remote starting that does not have a built-in start-in-gear protection 
device must, at the time of sale, have a tag or label attached at the 
location of the control connection, containing the following 
information: ``Starting controls installed with this motor must comply 
with USCG requirements for start-in-gear protection in 33 CFR Part 183, 
Subpart L.'' The letters and numbers on the tag or label must be at 
least \1/8\ inch high.
    (b) Starting controls must have a tag or label with the following 
information to indicate whether or not they have

[[Page 729]]

been equipped with a start-in-gear protection device: ``This control 
will (or will not) provide start-in-gear protection meeting USCG 
requirements of 33 CFR Part 183, Subpart L.'' The letters and numbers on 
the tag or label must be at least \1/8\ inch high.
    (c) Any manufacturer, distributor or dealer installing an outboard 
motor displaying the label described in paragraph (a)(2) of this section 
must properly match it with a compatible starting control that contains 
a start-in-gear protection device.



Sec. 183.715  Exception.

    Outboard motors designed to be equipped for remote starting, but 
which also have a provision for local starting in emergencies, need not 
comply with Sec. 183.710 for their local starting system. However, the 
following information must be displayed on the motor: ``Warning--Ensure 
shift control is in neutral before starting motor''. This information 
must be clearly visible to a person using the emergency starting device.



                          Subpart M--[Reserved]



                      Subpart N--Special Provisions



Sec. 183.901  Applicability to ``OMC Sea Drive'' installations.

    (a) All provisions in this Part that apply to outboard motors shall 
apply to the Outboard Marine Corporation's ``OMC Sea Drive'' power 
system, and all provisions in this Part that apply to outboard motor 
boats shall apply to any boat on which the ``OMC Sea Drive'' is 
installed, except:
    (1) The requirement for display of maximum horsepower capacity under 
Sec. 183.23. However, the manufacturer may display it or substitute 
``OMC Sea Drive, Model XXX'' for the marking ``XXX Horsepower, motor'' 
prescribed in Sec. 183.25(b)(1).
    (2) The marking of ``XXX Pounds, persons, motor, gear'' prescribed 
in Sec. 183.25(b)(1) may be replaced by ``XXX Pounds, persons, gear'', 
provided that the weight displayed is reduced by the actual weight of 
the ``OMC Sea-Drive'' and its related mounting hardware and controls and 
by the appropriate battery weight listed in columns 3 of Table 4 in this 
Part.
    (3) The requirement for using motor and control weights listed in 
any table in this Part for calculating persons capacity under 
Sec. 183.41, or for performing preconditioning for the test under 
Sec. 183.220. The actual weight of the ``OMC Sea Drive'' and its related 
mounting hardware shall be used instead.
    (b) No boat shall be equipped with an ``OMC Sea-Drive'' that exceeds 
its horsepower capacity, as determined under Sec. 183.53.

[CGD 81-001, 46 FR 32867, June 25, 1981]



PARTS 184-186--[RESERVED]






PART 187--VESSEL IDENTIFICATION SYSTEM--Table of Contents






                           Subpart A--General

Sec.
187.1  Applicability.
187.3  Definitions.
187.5  Vessel identifier.
187.7  Participation procedures.
187.9  Procedures for certification of compliance with guidelines for 
          State vessel titling systems.



     Subpart B--Information To Be Collected by Participating States

Sec.
187.101  Information to identify a vessel owner.
187.103  Information to identify a vessel.
187.105  Information on titled vessels.
187.107  Information to assist law enforcement officials.



   Subpart C--Vessel Identification System Participation Requirements

Sec.
187.201  Participating State requirements.
187.203  Voluntary provisions for participating States.



         Subpart D--Guidelines for State Vessel Titling Systems

Sec.
187.301  Eligibility for preferred mortgage status.
187.303  Definitions.
187.305  Application for title.

[[Page 730]]

187.307  Dealer and manufacturer provisions.
187.309  Transfer of title.
187.311  Transfer by operation of law.
187.313  Title of another State.
187.315  Surrender of title for purposes of documentation.
187.317  Information on a certificate of title.
187.319  Duplicate title.
187.321  Hull identification number (HIN) provisions.
187.323  Perfection of security interests.
187.325  Assignments.
187.327  Satisfaction of a security interest.
187.329  Forms.
187.331  Retaining information.

            Appendix A to Part 187--Participating Authorities

 Appendix B to Part 187--Participating And Certified Titling Authorities

    Authority: 46 U.S.C. 2103; 49 CFR 1.46.

    Source: CGD 89-050, 60 FR 20315, Apr. 25, 1995, unless otherwise 
noted.



                           Subpart A--General



Sec. 187.1  Applicability.

    (a) This part establishes minimum requirements for States electing 
to participate in the vessel identification system (VIS) established 
under 46 U.S.C. chapter 125. This part also prescribes guidelines for 
State vessel titling systems and the procedures for obtaining 
certification of compliance with those guidelines for those States 
electing to establish titling systems to support preferred mortgages.
    (b) This part applies only to vessels numbered or titled under the 
laws of a State. It does not apply to vessels documented under 46 U.S.C. 
chapter 121 and the regulations in 46 CFR parts 67 and 68.



Sec. 187.3  Definitions.

    The following definitions apply to terms used in this part.
    Certificate of Origin (COO) means a document establishing the 
initial chain of ownership, such as manufacturer's certificate of origin 
(MCO) or statement of origin (MSO), importer's certificate of origin 
(ICO) or statement of origin (ISO), and builder's certification (Form 
CG-1261; see 46 CFR part 67).
    Commandant means the Commandant of the United States Coast Guard.
    Dealer means any person who engages wholly or in part in the 
business of buying, selling, or exchanging new or used vessels, or both, 
either outright or on conditional sale, bailment, lease, chattel 
mortgage or otherwise, and who has an established place of business for 
the sale, trade, and display of such vessels.
    Department or division means the State agency designated to issue 
certificates of number or title, or both for vessels, and its duly 
authorized representatives.
    Documented vessel means a vessel documented under 46 U.S.C. chapter 
121.
    HIN means the hull identification number assigned to an undocumented 
vessel in accordance with subpart C of part 181 of this subchapter.
    Issuing authority means a State that has a numbering system approved 
by the Coast Guard or the Coast Guard where a State numbering system has 
not been approved.
    Lienholder means a person holding a security interest.
    Manufacturer means any person engaged in the business of 
manufacturing or importing new vessels for the purpose of sale or trade.
    Owner means a person who claims lawful possession of a vessel by 
virtue of legal title or equitable interest in it that entitles that 
person to such possession.
    Participating State means a State that has elected to participate in 
VIS and has been certified as complying with the participation 
requirements in subpart C of this part. Certified States participating 
in VIS are listed in Appendix A of this part.
    Person means an individual, firm, partnership, corporation, company, 
association, joint-stock association, or governmental entity and 
includes a trustee, receiver, assignee, or similar representative of any 
of them.
    Security interest means an interest that is reserved or created by 
an agreement and that secures payment or performance of an obligation 
and is valid against third parties generally.
    State means a State of the United States, Guam, Puerto Rico, the 
Virgin Islands, American Samoa, the District

[[Page 731]]

of Columbia, the Northern Mariana Islands, and any other territory or 
possession of the United States.
    Titled vessel means a vessel titled in accordance with the laws of a 
State.
    Titling authority means a State whose vessel titling system has been 
certified by the Coast Guard as complying with the guidelines for State 
vessel titling systems listed in this part. Titling authorities 
participating in VIS are listed in Appendix B of this part.
    Vessel includes every description of watercraft other than a 
seaplane on the water, used or capable of being used, as a means of 
transportation on water.



Sec. 187.5  Vessel identifier.

    (a) The vessel identifier is the hull identification number (HIN) 
assigned to an undocumented vessel in accordance with subpart C of part 
181 of this subchapter. The vessel identifier for a documented vessel is 
the official number assigned by the Coast Guard in accordance with 46 
U.S.C. chapter 121.
    (b) If the vessel does not have an HIN, the vessel identifier for 
vessels subject to the numbering requirements of parts 173 and 174 of 
this subchapter is the number issued on a certificate of number by the 
issuing authority for the State in which the vessel is principally 
operated.
    (c) If a vessel subject to the numbering requirements of parts 173 
and 174 of this subchapter is transferred to a new owner, or the vessel 
is required to be numbered in a new State of principal operation, or 
application for a title is made, a hull identification number meeting 
the format requirements of Sec. 181.25 shall be assigned by the issuing 
authority for the State in which the vessel is principally operated in 
accordance with the State's established procedures if the vessel does 
not have a valid HIN.



Sec. 187.7  Participation procedures.

    (a) To participate in VIS, a State official within the department 
must submit a written request to the Commandant (G-OPB) and certify that 
the State will comply with the VIS participation requirements in subpart 
C of this part.
    (b) Appendix A of this part lists those States that have elected to 
participate in VIS and comply with the participation requirements 
prescribed in this part. A State will remain listed in Appendix A of 
this part as long as it continues to comply with the participation 
requirements in subpart C of this part.

[CGD 89-050, 60 FR 20315, Apr. 25, 1995, as amended by CGD 96-026, 61 FR 
33670, June 28, 1996]



Sec. 187.9  Procedures for certification of compliance with guidelines for State vessel titling systems.

    (a) Under 46 U.S.C. 31322(d), a mortgage or instrument perfected 
under State law for a vessel titled under the law of a participating 
State is deemed to be a preferred mortgage if the State has been 
certified as complying with the guidelines in subpart D of this part.
    (b) To obtain certification of compliance with the State titling 
guidelines, a State official within the department must submit a written 
request along with a copy of the State's titling laws, regulations and 
administrative procedures, to the Commandant (G-OPB), and certify that 
the State will comply with the participation requirements in subpart C 
of this part.
    (c) The Commandant will review the material, and, if the State 
complies with the guidelines provided in subpart D of this part, certify 
compliance.
    (d) Appendix B of this part indicates those States that participate 
in VIS and, have been certified by the Commandant as complying with the 
guidelines prescribed in subpart D of this part and the date of that 
certification. A State with a vessel titling system that complies with 
the guidelines of subpart D of this part will remain listed, in Appendix 
B of this part.

[CGD 89-050, 60 FR 20315, Apr. 25, 1995, as amended by CGD 96-026, 61 FR 
33670, June 28, 1996]



     Subpart B--Information To Be Collected by Participating States



Sec. 187.101  Information to identify a vessel owner.

    A participating State must collect the following information 
regarding

[[Page 732]]

the ownership of vessels numbered or titled under the laws of that 
State:
    (a) Name of each owner.
    (b) The address of the principal place of residence of at least one 
individual owner, or the address of the principal place of business of 
an owner that is not an individual, including zip code.
    (c) Mailing address of at least one owner, if different from the 
address required by paragraph (b) of this section.
    (d) If the owner is an individual, the owner's social security 
number, or, if that number is not available, the individual's birth date 
and driver's license number or, if the individual does not have a 
driver's license, the individual's birth date and other information to 
identify that individual as prescribed by the State or titling 
authority.
    (e) If the owner is other than an individual, the owner's--
    (1) Taxpayer identification number; or
    (2) If the owner does not have a taxpayer identification number, the 
social security number, or if the social security number is not 
available, birth date and driver's license number, or if no driver's 
license number is available, the birth date and other identifying 
information prescribed by State regulation, of an individual who is a 
corporate officer, general partner, or individual trustee of the owner 
and who signed the application for numbering the vessel.



Sec. 187.103  Information to identify a vessel.

    A participating State must collect the following information 
regarding the identity of a vessel numbered or titled under the laws of 
that State:
    (a) Make of vessel or name of vessel builder, if known.
    (b) Manufacture year, year vessel built, or vessel model year, if 
known.
    (c) Vessel identifier required by Sec. 187.5 of this part.
    (d) Official number assigned by U.S. Coast Guard or predecessor 
agency, if applicable.
    (e) Number currently assigned by the State issuing authority, as 
printed on the certificate of number.
    (f) Length of vessel.
    (g) Type of vessel (open, cabin, house, or other).
    (h) Whether the hull is wood, fiberglass, metal, plastic, or other.
    (i) Whether the propulsion is inboard, outboard, inboard-outdrive, 
sail, or other.
    (j) Whether the fuel is gasoline, diesel, or other.
    (k) Whether the vessel is operated for pleasure, rent or lease, 
dealer or manufacturer demonstration, commercial passenger carrying, 
commercial fishing, or other commercial operation.
    (l) Number previously issued to the vessel by an issuing authority.
    (m) Expiration date of certificate of number issued by the State 
vessel numbering authority.



Sec. 187.105  Information on titled vessels.

    (a) In addition to the information required under Sec. 187.103, a 
participating State must collect the following information on a vessel 
titled in that State:
    (1) Title number issued by the State.
    (2) Where evidence of a lien or other security interest may be found 
against a vessel titled in that State.
    (3) Name(s) of the lienholder(s).
    (4) Address of principal place of residence of each individual 
lienholder and the address of the principal place of business of each 
lienholder that is not an individual, including zip code.
    (b) Participating States may collect the following information on 
titled vessels:
    (1) Mailing address of any lienholder that is different from the 
addresses required by paragraph (a)(4) of this section.
    (2) Telephone number of each lienholder.



Sec. 187.107  Information to assist law enforcement officials.

    (a) Participating States must make the following information 
available to assist law enforcement officials:
    (1) Notice that a vessel, identified by its vessel identifier, has 
been reported lost, stolen, destroyed, abandoned, or recovered.
    (2) Name and telephone number of organization to contact for 
additional information or to notify regarding the recovery of a vessel.
    (b) Participating States may make the following information 
available to assist law enforcement officials:

[[Page 733]]

    (1) Reported date that the vessel was stolen.
    (2) Reported location of vessel when stolen.
    (3) Vessel insurance policy number, if insured.
    (4) Name of the insurance company.
    (5) Address of insurance company, including zip code.
    (6) Mailing address of the insurance company for notification, if 
different from the address provided under paragraph (b)(5) of this 
section.
    (7) Telephone number of insurance company.
    (8) Date that the vessel was recovered.
    (9) Location of vessel when recovered.
    (10) Name(s) and telephone number(s) of organization(s), in addition 
to the one provided under paragraph (a) of this section, public or 
private, to contact for additional information on sighting and recovery 
of vessels.
    (11) Request to be notified if vessel is sighted.
    (12) Purpose of sighting notification request.
    (13) Date and time when vessel last sighted.
    (14) Location of vessel when last sighted.
    (15) Organization to contact for additional information on sighting.



   Subpart C--Vessel Identification System Participation Requirements



Sec. 187.201  Participating State requirements.

    A participating State must comply with the following requirements:
    (a) Collect the required information listed in subpart B of this 
part and provide that information to the vessel identification system in 
the manner and form specified in the applicable Coast Guard-State 
Cooperative Agreement.
    (b) Obtain specific evidence of ownership, such as certificate of 
origin or current certificate of title or number, to identify a vessel's 
owner.
    (c) Return any surrendered Certificate of Documentation to the Coast 
Guard National Vessel Documentation Center.
    (d) Retain previously issued certificate of number or title and 
notify issuing authority by mail or electronic message.
    (e) Retain information identifying the type of evidence used to 
establish the accuracy of the information required to be made available 
to VIS, and make it available to the Coast Guard upon request.
    (f) Update the information required to be made available to VIS on a 
vessel that has not been re-registered by labeling the vessel file 
``inactive'' or, if notified that a vessel has been moved to a 
nonparticipating State, by indicating the new State and notifying the 
Coast Guard.

[CGD 89-050, 60 FR 20315, Apr. 25, 1995, as amended by CGD 97-023, 62 FR 
33365, June 19, 1997



Sec. 187.203  Voluntary provisions for participating States.

    A participating State may--
    (a) Provide VIS with the optional information listed in subpart B of 
this part;
    (b) Make updated information provided by the vessel owner, 
government agency or lienholder, available to VIS regarding a vessel 
that has been moved to a nonparticipating State; and
    (c) Interact with nonparticipating States to make information 
available to, or request information from, VIS concerning a vessel or 
nationwide statistics.



         Subpart D--Guidelines for State Vessel Titling Systems

    Effective Date Note: At 61 FR 6943, Feb. 23, 1996, subpart D is 
suspended through April 23, 1998.



Sec. 187.301  Eligibility for preferred mortgage status.

    A State vessel titling system that meets the requirements of this 
subpart may be certified by the Commandant under 46 U.S.C. 31322 
(d)(1)(A), in accordance with the procedures of Sec. 187.9, as complying 
with the guidelines for vessel titling systems for the purpose of 
conveying preferred mortgage status on mortgages perfected after the 
date of certification, covering the whole of a vessel titled in that 
State, provided that the State also complies with the

[[Page 734]]

vessel identification system participation requirements of Sec. 187.7 
and subpart C of this part.



Sec. 187.303  Definitions.

    A State must define the terms, ``certificate of origin'', 
``dealer'', ``department'' or ``division'', ``documented vessel'', 
``issuing authority'', ``lienholder'', ``manufacturer'', ``owner'', 
``person'', ``security interest'', ``titling authority'', and 
``vessel'', substantially as those terms are defined in Sec. 187.3.



Sec. 187.305  Application for title.

    (a) Except as provided in Sec. 187.307, a State must require 
application for a title within a specified period of time, not to exceed 
60 days, after a vessel is first purchased, ownership is transferred, or 
there is a change in vessel data listed on the certificate of title.
    (b) A State must require disclosure of the existence of indebtedness 
covered by any security agreement pertaining to the vessel in its 
titling application form.
    (c) The title application must include an entry for identification 
of the State or country in which the vessel was last numbered or titled, 
if applicable.
    (d) A State must require that the title application include a signed 
certification that statements made are true and correct to the best of 
the applicant's knowledge, information and belief, under penalty of 
perjury.



Sec. 187.307  Dealer and manufacturer provisions.

    A State must include the following provisions for dealers or 
manufacturers, building, buying, acquiring, or transferring vessels, in 
that State.
    (a) Dealers must be required to either report acquisition of a used 
numbered vessel for resale, or, apply for certificate of title if such 
vessel is required to be titled.
    (b) Dealers must be allowed to apply for a certificate of title for 
a new vessel acquired for resale.
    (c) Dealers and manufacturers must be required to provide to the 
vessel owner a certificate of origin, or other document, at the time of 
delivery of a new vessel to initiate the chain of ownership.
    (d) Dealers and manufacturers must be required to maintain for at 
least 3 years a record of any vessel bought, sold, exchanged, or 
received for sale or exchange, and have such records open for inspection 
by the State.



Sec. 187.309  Transfer of title.

    Except for transfers by operation of law such as inheritance, order 
in bankruptcy, replevin, default judgment or execution sale, a State 
must require that to complete the sale, assignment or transfer of a 
titled vessel, a manufacturer, dealer or individual, must deliver the 
vessel's certificate of title to the new owner.



Sec. 187.311  Transfer by operation of law.

    A State must require a new owner to apply for a certificate of title 
within a specified period of time, not to exceed 60 days, if ownership 
of a vessel is transferred by operation of law, such as inheritance, 
order in bankruptcy, replevin, default judgment or execution sale, and 
to include an original or certified copy of the legal transfer document 
along with the application.



Sec. 187.313  Title of another State.

    A State must provide for honoring a current and valid title issued 
by another State, or a Certificate of Ownership issued by the Coast 
Guard, as proof of ownership for transfer or sale of a vessel, and for 
applying for certificates of number or title in a new State of principal 
operation.



Sec. 187.315  Surrender of title for purposes of documentation.

    A State must deem a title issued by that State as invalid when a 
vessel owner surrenders it to the U.S. Coast Guard for vessel 
documentation purposes. Upon receipt of a title from the U.S. Coast 
Guard, a State must accept the returned title for administrative 
processing and cancellation.



Sec. 187.317  Information on a certificate of title.

    (a) A State must specify the following information on a certificate 
of title:
    (1) Current owner(s) name(s).
    (2) The address of the principal place of residence of an individual 
owner, and

[[Page 735]]

the address of the principal place of business of an owner that is not 
an individual, including zip code.
    (3) Date of title issuance.
    (4) Vessel description, including the vessel identification number 
required by Sec. 187.05 of this part, name of manufacturer or model, 
year built or the model year, vessel length, vessel type, drive or 
propulsion type, vessel use, hull material and fuel type.
    (5) Each lienholder's name and address.
    (6) Recording or perfection date of new liens and original recording 
date of any liens outstanding.
    (b) Space must be provided on the certificate of title form for 
assignment of interests in the vessel, with a certification that 
statements provided on the title assignment are true and correct to the 
best of the owner's knowledge, under penalty of perjury.



Sec. 187.319  Duplicate title.

    (a) The term ``DUPLICATE'' must be clearly and permanently marked on 
the face of a duplicate certificate.
    (b) A State must require the holder of an original title, whether 
the owner or lienholder, to apply for a duplicate title within a 
specified period of time after, or after the discovery of, the loss, 
theft, mutilation, or destruction of an original certificate of title; 
provide information concerning the original certificate and the 
circumstances of its loss, theft, mutilation, or destruction; and 
surrender to the department any recovered original title or remains.



Sec. 187.321  Hull identification number (HIN) provisions.

    A State must--
    (a) Assign an HIN and require that it be affixed to an undocumented 
vessel that does not have an HIN at the time of registration or 
application for title after transfer of ownership or change of State of 
principal operation;
    (b) Assign an HIN to an undocumented vessel without an HIN at time 
of title application and record the HIN on the certificate of title; and
    (c) Prohibit removal or alteration of an HIN without authorization 
from the Commandant.



Sec. 187.323  Perfection of security interests.

    (a) A State must provide that a security interest is not valid under 
State law unless perfected under procedures specified by the State. If a 
vessel is already subject to a security interest when it is brought into 
a State, the validity of the security interest is to be determined by 
the law of the jurisdiction where the vessel was titled when the 
security interest attached. The State must specify at least the 
following procedures.
    (1) The procedures by which a security interest is perfected, 
including a requirement for the delivery of an application for new or 
amended certificate of title.
    (2) The procedures by which the date of perfection is determined.
    (b) The perfection provisions required to be established under 
paragraphs (a) and (b) of this section must not apply to--
    (1) A lien given by statute or rule of law to a supplier of services 
or materials for the vessel;
    (2) A lien given by statute to the United States, a State, or a 
political subdivision thereof; or
    (3) Any lien arising out of an attachment of a vessel.



Sec. 187.325  Assignments.

    A State must specify whether a security interest in a vessel titled 
under the State titling system may be assigned and the procedures for 
perfecting assignments.



Sec. 187.327  Satisfaction of security interests.

    A State must specify evidence and information that lienholders are 
required to submit to the State regarding satisfaction of a security 
interest, and establish procedures and time limits for its submission.



Sec. 187.329  Forms.

    A State must prescribe and provide the application, certificate of 
title, notice of security interests, and other forms needed to comply 
with the titling system provisions.

[[Page 736]]



Sec. 187.331  Retaining information.

    A State must retain information identifying the evidence used to 
establish the accuracy of the information required for vessel titling 
purposes for 3 years and make the information available to the Coast 
Guard on request.

            Appendix A to Part 187--Participating Authorities

    The following States comply with the requirements for participating 
in VIS:
    [No States currently comply with the requirements for participating 
in VIS.]

 Appendix B to Part 187--Participating and Certified Titling Authorities

    The following States both comply with the requirements for 
participating in VIS and have a titling system certified to be in 
compliance with the guidelines for State vessel titling systems:
    [No States currently have a certified titling system and participate 
in VIS.]



PARTS 188-199  [RESERVED]



[[Page 737]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 739]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1997)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


33 CFR CHAPTER I (PARTS 125 TO 199)

COAST GUARD, DEPARTMENT OF TRANSPORTATION
  All the following materials are also on file at                 33 CFR
  Coast Guard Headquarters, Room 4407, Trans Point 
  Bldg., 2100 Second St. S.W., Washington, DC 
  20593.


Air Movement and Control Association

  30 W. University Dr., Arlington Heights, IL 
  60004
210-74 Laboratory Methods of Testing Fans for             183.5; 183.610
  Ratings.


American Bureau of Shipping

  45 Eisenhower Drive, Paramus, NJ 07652
Rules for Building and Classing Single Point            150.405; 149.209
  Moorings, 1975.


American National Standards Institute

  1430 Broadway, New York, NY 10018
ANSI 10.14--75 Requirements for Safety Belts,                   140; 142
  Harnesses, Lanyards, Lifelines, and Drop Lines 
  for Construction and Industrial Use.
ANSI A12.1--73 Safety Requirements for Floor and                 149.441
  Wall Openings, Railings and Toeboards.
ANSI A98.1--81 Safety Requirements for Industrial               140; 142
  Head Protection.
ANSI B16.5-81 Steel Pipe Flanges and Flanged         154.106; Part 155, 
  Fittings.                                                   Appendix A
ANSI B16.5-88 Steel Pipe Flanges and Flanged          154.500; 154.508; 
  Fittings.                                                      154.810
ANSI B16.5-88, Pipe Flanges and Flanged Fittings,      127.003; 127.1102
  1988, including 1992 Addenda and Errata.
ANSI B16.24-79 Bronze Pipe Flanges and Flanged        154.106; 154.500; 
  Fittings.                                                      154.808
ANSI B16.31--71 Nonferrous Pipe Flanges...........      154.500; 155.350
ANSI B31.3--87 Chemical Plant and Petroleum           154.106; 154.510; 
  Refinery Piping.                                               154.808
ANSI B31.4--74 Liquid Petroleum Transportation                   149.205
  Piping Systems (with 1979 addenda B31.4a).
ANSI S12.13, Part 1 Performance Requirements,          127.003; 127.1203
  Combustible Gas Detectors, 1986.
ANSI Z41.1--72 Requirements for Men's Safety-toe                 150.509
  Footwear.
ANSI Z41--83 American National Standard for                     140; 142
  Personal Protection--Protective Footwear.
ANSI Z87.1--79 Practice for Occupational and         140; 142; 149.517; 
  Educational Eye and Face Protection.                           150.509
ANSI Z88.2--80 Practices for Respiratory                        140; 142
Protection.
[[Page 740]]

ANSI Z89.1--69 Safety Requirements for Industrial                150.509
  Head Protection.
ANSI/UL 1123--1987 Standard for Marine Bouyant            140.7; 143.405
  Devices.


American Petroleum Institute

  1220 L Street, NW., Washington, DC 20005
API Specification 9A, Specification for Wire Rope,        164.03; 164.74
  Section 3, Properties and Tests for Wire and 
  Wire Rope, May 28, 1984.
API Standard 2000, Venting Atmospheric and Low-         154.106; 154.814
  Pressure Storage Tanks (Nonrefrigerated and 
  Refrigerated), Third Edition, January 1982, 
  Reaffirmed, December 1987.
API Recommended Practice 550, Manual on                 154.106; 154.824
  Installation of Refinery Instruments and Control 
  Systems, Part II--Process Stream Analyzers, 
  Section 5--Oxygen Analyzers, Fourth Edition, 
  August 1983.
API RP 2003, Protection Against Ignitions Arising      127.003; 127.1101
  Out of Static, Lightning, and Stray Currents, 
  1991.


American Society for Testing and Materials

  1916 Race St., Philadelphia, PA 19103
ASTM D 471-79 Rubber Property--Effect of Liquids..      183.5; 183.114; 
                                                      183.516; 183.607; 
                                                                 183.620
ASTM D 1621-73 (R 79) Compressive Properties of           183.5; 183.516
  Rigid Cellular Plastics.
ASTM D 1622-83 Apparent Density of Rigid Cellular         183.5; 183.516
  Plastics.
ASTM D 2842-69 (R 75) Water Adsorption of Rigid           183.5; 183.114
  Cellular Plastics.
ASTM D 4268-93 Standard Test Method for Testing           164.03; 164;74
  Fiber Ropes.
ASTM E 11-70 (R 77) Wire Cloth Sieves for Testing                159.125
  Purposes.
ASTM F 631-80 (Reapproved 1985) Standard Method     154.106; Appendix C 
  for Testing Full Scale Advancing Spill Removal   of part 154; 155.140; 
  Devices.                                           Appendix B of part 
                                                                     155
ASTM F 715-81 (Reapproved 1986), Standard Methods   154.106; Appendix C 
  of Testing Spill Control Barrier Membrane        of part 154; 155.140; 
  Materials.                                         Appendix B of part 
                                                                     155
ASTM F 808-83 (1988), Standard Guide for            154.105; Appendix C 
  Collecting Skimmer Performance Data in           of part 154; 155.140; 
  Uncontrolled Environments.                         Appendix B of part 
                                                                     155
ASTM F 989-86, Standard Test Methods for Spill      154.106; Appendix C 
  Control Barrier Tension Members.                 of part 154; 155.140; 
                                                     Appendix B of part 
                                                                     155
ASTM F-1121-87 Standard Specification for                        127.611
  International Shore Connections for Marine Fire 
  Applications.
ASTM F-1121, International Shore Connections for       127.003; 127.1511
  Marine Applications, 1987 (Reapproved 1993).
ASTM F-1122-87 Standard Specification for Quick                  154.500
  Disconnect Couplings.


American Society of Mechanical Engineers

  345 E. 47th Street, New York, NY 10017
ASME B31.3, Chemical Plant and Petroleum Refinery      127.003; 127.1101
  Piping, 1993.


Coast Guard, Department of Transportation

  2100 Second St., SW., Washington, DC 20593

[[Page 741]]

Guidelines for Preparation of a Deepwater Ports                  150.105
  Operations Manual, 1975.


Cordage Institute

  350 Lincoln St., Hingham, MA 02043
CIA-3, Standard Test Methods for Fiber Rope               164.03; 164;74
  Including Standard Terminations, Revised June, 
  1980.


Illumination Engineering Society

  345 E. 47th St., New York, NY 10017
Lighting Handbook, 5th Ed., 1972 p. 3-36..........               149.703


Institute of Electrical and Electronic Engineers, Inc.

  445 Hoes Lane, Piscataway, NJ 08854
IEEE-45 Recommended Practice for Electric                 183.5; 183.435
  Installations on Shipboard, Cable Construction--
  1983.


International Chamber of Shipping

  30-32 St. Mary's Axe, London, UK ED3A8ET
Clean Seas Guide for Oil Tankers, 1973............                157.23
Guide to Helicopter/Ship Operations, Third              156.111; 156.330
  Edition, 1989.


International Commission on Illumination

  Illumination Engineering Society, 345 E. 47th 
  St., New York, NY 10017
Standard Observer Diagram, 1931 (1964 Suppl.) in                 149.727
  Lighting Handbook, 5th Ed., 1972 on pp. 5-3 and 
  5-5.


International Electrotechnical Commission (IEC), Bureau Central de la 
Commission Electrotechnique Internationale

  1 rue de Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers for       154.106; 154.812
  Industrial Purposes: Part 1, General 
  Requirements, 1979.
IEC 309-2--Plugs, Socket-Outlets and Couplers for       154.106; 154.812
  Industrial Purposes: Part 2, Dimensional 
  Interchangeability Requirements for Pin and 
  Contact-tube Accessories, 1981.


International Maritime Organization (IMO)

  4 Albert Embankment, London, SE1 7SR, U.K.
Code for Construction and Equipment of Mobile           140.7; 143.207; 
  Offshore Drilling Units (IMO Assembly Resolution               146.205
  A.414 (XI), Nov. 15, 1979).
IMO Resolution A.342 (IX) Recommendation on                       164.13
  Performance Standards for Automatic Pilots, 
  adopted Nov. 12, 1975.
IMO Resolution A.535(13), Recommendations on            155.140; 155.235
  Emergency Towing Requirements for Tankers, Nov. 
  17, 1983.
IMO Assembly Resolution A.601(15) Provision and          157.02; 157.450
  Display of Manoeuvering Information on Board 
  Ships, Annex Sections 1.1, 2.3, 3.1, and 3.2 w/
  apps., November 19, 1987.
IMO Resolution A.739(18), ``Guidelines for the            181.4; 181.703
  Authorization of Organizations Acting on Behalf 
  of the Administration,'' dated November 22, 
  1993.
IMO Assembly Resolution A.744(18), Guidelines on         157.02; 157.430
  the Enhanced Programme of Inspections During 
  Surveys of Bulk Carriers and Oil Tankers, Annex 
  B Sections 1.1.3-1.1.4, 1.2-1.3, 2.1, 2.3-2.6, 
  3-8 and Annexes 1-10 w/ apps., November 4, 1993.
IMO Assembly Resolution A.751(18), Interim               157.02; 157.445
Standards for Ship Manoeuverability, Annex 
[[Page 742]]2, 2.3-2.4, 3-4.2, and 5, November 4, 
  1993 with explanatory notes in MSC/Circular 644, 
MSC Circular 443, ``Measures to Prevent Unlawful        128.220; 128.300
  Acts Against Passengers and Crews on Board 
  Ships'', dated September 26, 1986.


International Telecommunication Union Radiocommunication Bureau

  Place de Nations CH-1211, Geneva 20 Switzerland
ITU-R Recommendation M. 821, Optional Expansion of                164.43
  the Digital Selective Calling System for Use in 
  the Maritime Mobile Service, 1992.
ITU-R Recommendation M. 825, Characteristics of a                 164.43
  Transponder System Using Digital Selective--
  Calling Techniques for use with Vessel Traffic 
  Services and Ship-to-Ship Identification, 1992.


National Electrical Manufacturers Association (NEMA)

  2101 L St. NW., Washington, DC 20036
ANSI/NEMA WD6--Wiring Devices, Dimensional              154.106; 154.812
  Requirements, 1988.


National Fire Protection Association (NFPA)

  Batterymarch Park, Quincy, MA 02269
NFPA 10-1994 Portable Fire Extinguishers..........    127.003; 127.603; 
                                                                127.1503
NFPA 11A-1976 High Expansion Foam Systems.........               149.481
NFPA 12-1977 Carbon Dioxide Extinguishing Systems.               149.481
NFPA 12A-1977 Halogenated Fire Extinguishing Agent               149.481
  Systems Halon 1301.
NFPA 13-1978 Installation of Sprinkler Systems....               149.481
NFPA 30-1993 Flammable and Combustible Liquids        127.003; 127.313; 
  Code.                                                         127.1313
NFPA 51B-1994 Standard for Fire Prevention in Use     127.003; 127.405; 
  of Cutting and Welding Processes.                  127.1405; 154.106; 
                                                                 154.735
NFPA 59A-1994 Production, Storage and Handling of     127.003; 127.101; 
  Liquefied Natural Gas (LNG).                        127.201; 127.405; 
                                                                 127.603
NFPA 70-1987 National Electrical Code.............    154.106; 154.735; 
                                                      154.808; 154.812; 
                                                          183.5; 183.435
NFPA 70, National Electric Code, 1993.............    127.003; 127.107; 
                                                       127.201; 127.1107
NFPA 72A-1975 Installation, Maintenance, and Use                 149.541
  of Local Protective Signalling Systems.
NFPA 251-1990 Fire Tests of Building Construction       127.003; 127.005
  and Materials.
NFPA 407-1975 Fueling at Rooftop Heliports,                      149.213
  Chapter 6.


Naval Publications Forms Center

  Customer Service--Code 1052, 5801 Tabor Ave., 
  Philadelphia, PA 19120
Federal Specification, ZZ-H-451-1978 Woven Hose,                 149.469
  Rubber or Cambric-lined, with Couplings.
MIL-P-21929B Plastic Material, Cellular                 183.5; 183.505; 
  Polyurethane, Foam-in-Place, Rigid, 1970.                      183.516


Oil Companies International Marine Forum (OCIMF)

  96 Victoria Street, 15th. Floor, London SWIE 
  55W, England
International Safety Guide for Oil Tankers and        154.106; 154.735; 
  Terminals, Section 6.10, Fourth Ed., 1996.                     154.810
International Safety Guide for Oil Tankers and           157.02; 157.435
Terminals, Chapters 6, 7, and 10, Fourth Ed., 
[[Page 743]]

International Safety Guide for Oil Tankers and          154.106; 154.735
  Terminals, Sections 9.1, 9.2, 9.3, and 9.5, 
  Fourth Ed., 1996.
Ship to Ship Transfer Guide (Petroleum), Second      155.140; 155.1035; 
  Edition, 1988.                                        156.111; 156.330


Radio Technical Commission for Marine Services (RTCM)

  655 Fifteenth St., NW., Suite 300, Washington, 
  DC 20005
RTCM Paper 12-78/DO-100 Minimum Performance                       164.41
  Standards, Loran C Receiving Equipment, 1977.
RTCM Paper 71-95/SC112-STD Recommended Standards          164.03; 164.72
  for Marine Radar Equipment Installed on Ships of 
  Less Than 300 Tons Gross Tonnage, Version 1-1, 
  October 10, 1995.
RTCM Paper 191-93/SC112-X Recommended Standards           164.03; 164.72
  for Marine Radar Equipment Installed on Ships of 
  300 Tons Gross Tonnage and Upwards, Version 1.2, 
  December 20, 1993.
RTCM Recommended Standards for Differential          161.376(a)(5)(i)(B)
  NAVSTAR GPS Service, Version 2.0, dated January 
  1, 1990.
RTCM Recommended Standards for Differential                       164.43
  NAVSTAR GPS Service, Version 2.1, RTCM Paper 
  194-93/SC 104-STF, 1994.


Society of Automotive Engineers, Inc.

  485 Lexington Avenue, New York, NY 10017
SAE J378-1984 Marine Engine Wiring................        183.5; 183.430
SAE J557-1968 High Tension Ignition Cable.........        183.5; 183.440
SAE J1127-1980 Battery Cable......................        183.5; 183.430
SAE J1128-1975 Low Tension Primary Cable..........        183.5; 183.430
SAE J1527-1985 Marine Fuel Hoses..................        183.5; 183.540


Underwriters Laboratories

  333 Pfingsten Rd., Northbrook, IL 60062
UL 19-1978 (1979) Woven Jacketed, Rubber-lined                   149.469
  Firehose.
UL 83-1980 Standard for Thermoplastic Insulated           183.5; 183.435
  Wires.
UL 1114-1987 Marine (USCG Type A) Flexible Fuel                    183.5
  Line Hose.
UL 1114-1979 Standard for Marine Use, Flexible          183.505; 183.540
  Fuel Line Hose.
UL 1123-1989 Marine Bouyand Devices, sections 33,         181.4; 181.703
  34, and 35, 5th Edition.
UL 1128-1977 Marine Blowers.......................        183.5; 183.610
UL 1426--1986 Cables for Boats....................        183.5; 183.435
UL Hazardous Location Equipment Directory, May                   149.539
  1979 Portable Lighting Units.
ANSI/UL 1123--1987 Standard for Marine Bouyant            140.7; 143.405
  Devices.



[[Page 745]]



                    Table of CFR Titles and Chapters

June 6, 1994.


                      (Revised as of June 20, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 746]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 747]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)

[[Page 748]]

      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)

[[Page 749]]

         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)

[[Page 750]]

        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)

[[Page 751]]

        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)

[[Page 752]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)

[[Page 753]]

         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)

[[Page 754]]

     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)

[[Page 755]]

      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)

[[Page 756]]

      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)

[[Page 757]]

            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)

[[Page 758]]

        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)

[[Page 759]]

         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

[[Page 760]]

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 761]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 20, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 762]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 763]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I

[[Page 764]]

  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 765]]

  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III

[[Page 766]]

  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV

[[Page 767]]

Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
   Fellowships
[[Page 768]]

Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I

[[Page 769]]

  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII2

[[Page 771]]



List of CFR Sections Affected




All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

33 CFR
                                                                   51 FR
                                                                    Page
Chapter I
140  Authority citation revised....................................25059
140.7  Revised.....................................................25059
    (b) correctly revised..........................................28381
140.10  Amended....................................................25059
142  Revised.......................................................25059
142.33  (a) correctly revised......................................28381
142.39  (b) correctly revised......................................28381
142.48  Correctly revised..........................................28381
142.84  Correctly revised..........................................28381
142.90  (a) corrected..............................................28382
146  Authority citation revised...............................4339, 5712
146.20  (a) revised; (e) added; eff. 8-4-86.........................4339
    Technical correction...........................................11580
146.130  Effective date note removed; OMB number....................5712
151.09  (f) revision confirmed.....................................33039
153  Authority citation revised; section authority citations 
        removed....................................................17965
153.101  Revised...................................................17965
153.103  Revised...................................................17965
153.105  (d)(4) revised............................................17966
153.203  Revised...................................................17966
153.201--153.205 (Subpart B)  Tables 1 and 2 revised...............17966
153.305  (d) revised...............................................17966
153.407  (a) introductory text and (b) revised.....................17967
153.415  Heading and introductory text and revised.................17967
153.417  Revised...................................................17967
153.419  Removed...................................................17967
157  Authority citation revised; section authority citations 
        removed....................................................15481
157.100  (b) revised...............................................15481
157.200  (b) revised...............................................15481
158  Addition confirmed............................................33039
161  Heading and authority citation revised........................27840
161.402  (b)(1) Note added.........................................27840
162  Authority citation revised......................12318, 17016, 43742
162.130  (c) amended; (e) revised..................................17016
162.132  (e) and (f)(1) and (3) revised............................17016
    (e) Table I corrected..........................................20823
    (e) Table I revised............................................37274
162.136  (a) Note revised..........................................17016
162.205  (d) added.................................................12318
162.270  (a) revised...............................................43742
165  Temporary regulations list................2694, 12990, 26156, 37179
165.T0117  Added (temporary).......................................43907
165.T209  Added (temporary)........................................17333
165.T02010  Added (temporary)......................................15769
165.T300  Added (temporary)........................................21353
165.T387  Added (temporary).........................................4907
165.T388  Added (temporary)........................................21353
165.T389  Added (temporary)........................................21353
165.T391  Added (temporary).........................................4907
165.T392  Added (temporary)........................................11448
165.T398  Added (temporary)........................................21353

[[Page 772]]

165.T399  Added (temporary)........................................21353
165.T503  Added (temporary)........................................11019
165.T0504  Added (temporary).......................................17968
165.T0505  Added (temporary).......................................17969
165.T0507  Added (temporary).......................................29469
    (b) revised (temporary)........................................44603
165.T7-34  Added (temporary).......................................28383
165.07-44  Addition at 50 FR 41685 correctly redesignated as 
        165.731....................................................24655
165.T0745  Added (temporary).......................................36010
165.T-07-86-33  Added (temporary)..................................41480
165.T849  Revised (temporary)......................................23226
165.T901  Added (temporary)........................................17017
165.T0902  Added (temporary).......................................31947
165.T0904  Added (temporary).......................................39660
165.T0905  Added (temporary).......................................39658
165.T1113  Added (temporary)........................................5326
165.T1199  Added (temporary)........................................3775
165.T1202  Added (temporary).......................................10836
165.T1206  Added (temporary).......................................33039
165.T1401  Added (temporary)........................................9652
165.T1407  Added (temporary).......................................39659
165.120  Revised...................................................10835
    Technical correction...........................................23415
165.305  Added.....................................................37181
165.504  Added.....................................................18322
165.700  Revision at 50 FR 48405 correctly designated as 165.731 
                                                                   24655
165.703  Added.....................................................28382
165.728  Added.....................................................31114
165.729  Added.....................................................31115
165.731  Correctly designated......................................24655
165.801  Removed...................................................45765
165.1101  Added.....................................................8199
165.1102  Added.....................................................8198
165.1103  Added.....................................................8197
165.1104  Added.....................................................8197
165.1105  Added.....................................................8196
165.1106  Added.....................................................3776
165.1109  (a) and (b) (1) and (2) revised...........................2396
165.1401  (d) and (e) added........................................42562
165.1403  Added....................................................42220
165.1705  Added (temporary).........................................4906
166.200  (d) (13), (16), (17), (28 (i) and (ii), and (29) revised 
                                                                    4595
166.400  Added.....................................................43349
175  Authority citation revised; section authority citations 
        removed.....................................................4340
175.17  (c) added; eff. 8-4-86......................................4340
    Technical correction...........................................11580
181  Authority citation revised; section authority citations 
        removed..............................................4340, 37573
181.1  Revised; eff. 8-1-87........................................37573
181.5  Revised; eff. 8-1-87........................................37573
181.15  (f) added; eff. 8-1-87.....................................37573
181.702  Added; eff. 8-4-86.........................................4340
    Technical correction...........................................11580
183  Authority citation revised; section and subpart authority 
        citations removed...................................37573, 37577
183.1  Revised; eff. 8-1-87........................................37574
183.3  (l), (m), and (n) added; eff. 8-1-87........................37574
183.53  Revised; eff. 8-1-87.......................................37574
183.620  (b) revised; eff. 8-1-87..................................37577

                                  1987

33 CFR
                                                                   52 FR
                                                                    Page
Chapter I
132  Appendix corrected (Form CG-5358-2 (6-83))....................28471
135  Authority citation revised....................................23175
135.9  Revised; eff. 8-3-87........................................23175
146.35  (a)(7) added...............................................47533
147  Authority citation revised....................................33811
147.10  (d) added..................................................33811
147.1113  Added.....................................................9657
150  Authority citation revised....................................33811
150.711  (b)(9) added..............................................47533
150  Appendix A amended............................................33811
151  Heading revised................................................7758
151.01--151.08 (Subpart A)  Heading added...........................7758
151.01  Revised.....................................................7758
151.03  (a)(4) revised..............................................7758
151.05  Designations removed; section amended.......................7758
151.08  Added.......................................................7758
151.09--151.25 (Subpart B)  Heading added...........................7758
151.30--151.49 (Subpart C)  Added...................................7759
158  Heading and authority citation revised.........................7761
158.100--158.190 (Subpart A)  Revised...............................7761
158.200  (a) revised................................................7764
158.210  (b) and (c) revised........................................7764
158.220  (b), (c) and (d) revised...................................7764

[[Page 773]]

158.230  (a) and (b) revised........................................7764
158.300--158.330 (Subpart C)  Added.................................7764
158.400--158.420 (Subpart D)  Added.................................7765
160  Authority citation revised....................................48264
160.209  Removed...................................................48264
161  Authority citation revised; section authority citations 
        removed....................................................33586
161.101--161.187  Revised...........................................7858
161.101  (d) added.................................................33811
161.188--161.189  Removed...........................................7858
161.703  Amended.................................................33587 3
161.761  Revised...................................................33587
161.767  Revised...................................................33587
161.768  Revised...................................................33587
161.769  Removed...................................................33587
161.770  Removed...................................................33587
162  Authority citation revised....................................33811
162.1  Added.......................................................33811
162.45  Removed....................................................42651
165  Temporary regulations list....................................2112,
13832, 26675, 46351
    Authority citation revised.....................................33811
165.T0117  Removed..................................................3799
165.T0139  Added (temporary).......................................35081
165.T226  Added (temporary)........................................25375
165.T338  Added (temporary).........................................8585
165.T0757  Added (temporary).........................................671
165.T05047  Added (temporary)......................................31396
165.T05-76  Added (temporary)....................................31763 1
165.T830  Added (temporary).....................................28252 16
165.T843  Added (temporary)........................................44108
165.T0901  Added (temporary).......................................34906
165.T0906  Added (temporary).......................................28555
165.T1155  Added (temporary).......................................12381
165.T1165  Added (temporary).......................................24156
    Revised (temporary)............................................26147
165.T1201  Added (temporary)........................................6142
165.T1202  Added (temporary).......................................17298
165.T1203  Added (temporary).......................................17297
165.T1204  Added (temporary).......................................17296
165.T1403  Added (temporary).......................................42651
165.T5014  Added (temporary).......................................15724
165.8  Added.......................................................33811
165.130  Redesignated from 165.301.................................25218
165.140  Redesignated from 165.302.................................25218
165.150  Redesignated from 165.304.................................25218
165.155  Redesignated from 165.305.................................25218
165.160  Redesignated from 165.310.................................25218
165.301--165.310  Undesignated center heading removed..............25218
165.301  Redesignated as 165.130...................................25218
165.302  (a)(1) revised............................................17296
    Redesignated as 165.140........................................25218
    (a)(1) corrected...............................................44107
165.303  Redesignated as 165.510...................................25218
165.304  Redesignated as 165.150...................................25218
165.305  Redesignated as 165.155...................................25218
165.310  Redesignated as 165.160...................................25218
165.503  Ice navigation season notice...............................3640
165.504  (c)(1)(vii) revised.......................................41996
165.510  Redesignated from 165.303.................................25218
165.703  (i) added.................................................31763
165.704  Added......................................................2690
165.728  Revised...................................................23442
165.729  Revised...................................................23443
165.735  Added.....................................................48811
165.1106  (a) revised...............................................8893
165.1111  Added....................................................18230
165.1112  Added....................................................18231
165.1201  Undesignated center heading and section designation 
        removed....................................................25218
165.1302  Added....................................................47924
165.1703  Added....................................................30671
166  Authority citation revised....................................33811
166.103  Added.....................................................33811
166.200  (d)(53) added.............................................18234
166.500  Added.....................................................33589
    (b) correctly revised..........................................36248
167  Authority citation revised....................................33811
167.3  Added.......................................................33812
167.100  Redesignated as 167.350...................................33589
167.150--167.350 (Subpart B)  Heading revised......................33589
167.150--167.155  Undesignated center heading added................33589
167.150  Added.....................................................33589
167.151  Added.....................................................33589
167.152  Added.....................................................33589

[[Page 774]]

167.153  Added.....................................................33589
167.154  Added.....................................................33590
167.155  Added.....................................................33590
167.350  Undesignated center heading added; section redesignated 
        from 167.100...............................................33589
173  Authority citation revised; section authority citations 
        removed....................................................47533
173.51  (b) revised................................................47533
173.57  (v) revised................................................47534
174  Authority citation revised....................................25219
174.121  Revised...................................................25219
177  Authority citation revised.............................33812, 47534
177.01  Introductory text revised..................................47534
177.03  (a) removed................................................47534
177.05  Introductory text revised..................................47534
177.07  Introductory text, (b) and (c) revised.....................47534
177.08  Introductory text revised..................................33812
183.1  Revised; eff. 11-23-87......................................19728
183.5  Added; eff. 11-23-87........................................19728
183.110  Amended; eff. 11-23-87....................................19728
183.402  (a), (d), (e), (g) and (i) removed; (b), (c), (f), and 
        (h) redesignated as (a), (b), (c), and (d); eff. 11-23-87 
                                                                   19728
183.505  Amended; eff. 11-23-87....................................19728
183.528  (b) revised; eff. 11-23-87................................19728
183.532  (b) revised; eff. 11-23-87................................19728
183.540  Revised; eff. 11-23-87....................................19728
183.558  (a) and (b) revised; eff. 11-23-87........................19728
183.568  (c) introductory text revised; eff. 11-23-87..............19729
183.590  (a)(1) revised; eff. 11-23-87.............................19729
183.605  Amended; eff. 11-23-87....................................19729
183.607  Removed; eff. 11-23-87....................................19729
183.620  Petition granted...........................................6973

                                  1988

33 CFR
                                                                   53 FR
                                                                    Page
Chapter I
126  Authority citation revised.....................................3376
126.05  (a) amended.................................................3376
126.10  (d) amended.................................................3376
127  Added..........................................................3376
130.4  (a) and (d) amended; (c) revised............................25120
130.6  (d) amended.................................................25120
130.7  (a) amended.................................................25120
130.8  (b) (1), (2), (3) (iii), (iv), (vi) introductory text, and 
        undesignated text following (vi), and (4) amended..........25120
130.9  (d) and (e) introductory text amended.......................25120
130.11  (e) and (g) amended........................................25120
130.12  (b)(3) amended.............................................25120
131.4  (a), (g), (h), and (i) amended; (b) revised.................25120
131.6  (a) (1), (2), (3) (iv) and (v), and (4) and (f) amended.....25120
131.7  (b) introductory text amended...............................25120
131.8  (b) amended.................................................25120
132.3  (b) amended.................................................25120
132.4  (a), (b), and (c) amended...................................25120
132.6  (c) amended.................................................25120
132.7  (a) amended.................................................25120
132.8  (b) (1), (2), (3) (iii), (iv), (vi) introductory text and 
        undesignated text following (vi), and (4) amended..........25120
132.9  (d) and (e) introductory text amended.......................25120
132.11  (b)(4) amended.............................................25120
135.9  Amended.....................................................25120
135.103  Revised...................................................52997
135.105  (b) revised...............................................52997
136.3  Amended.....................................................25120
137.5  Amended.....................................................25120
137.101  Amended...................................................25120
137.103  Amended...................................................25121
137.505  Amended...................................................25121
140  Authority citation revised....................................18980
140.7  (a) amended.................................................25121
140.15  (b) amended................................................25121
140.101  Heading and (b) revised; (d) and (e) added................18980
140.102  Removed...................................................18980
140.103  Revised...................................................18980
140.105  Revised...................................................18981
143  Authority citation revised....................................18981
143.210  Revised...................................................18981
144.30-5  (a) amended..............................................25121
148.211  Introductory text amended.................................25121

[[Page 775]]

148.217  (a) amended...............................................25121
148.503  (a) amended...............................................25121
149.203  (a) introductory text, (c), and (d) introductory text 
        amended....................................................25121
149.205  (a) amended...............................................25121
149.707  (c) amended...............................................25121
149.799  (a) amended...............................................25121
150.105  (b) amended...............................................25121
150.106  Amended...................................................25121
153.103  (d) amended...............................................25121
153.105  (b) introductory text amended.............................25121
153.203  Amended...................................................25121
153.205  Tables 1 and 2 amended....................................25121
154.106  (c) amended...............................................25122
154.108  (a) introductory text and (d) amended.....................25122
156.110  (a) introductory text and (d) amended.....................25122
156.210  (b) amended...............................................25122
157.04  (b) and (d)(5) amended.....................................25122
157.06  (c) and (d) amended........................................25122
157.24a  (b)(1) introductory text amended..........................25122
157.102  Introductory text amended.................................25122
157.110  Amended...................................................25122
157.144  (a) amended...............................................25122
157.147  (a) amended...............................................25122
157.202  Introductory text amended.................................25122
157.208  Amended...................................................25122
157.302  (a) amended...............................................25122
157.306  (a) and (c) amended.......................................25122
159.12  (c) introductory text amended..............................25122
159.15  (a) introductory text and (c) amended......................25122
159.17  (a) and (c) amended........................................25122
159.19  (a) amended................................................25122
159.201  (a) introductory text amended.............................25122
159.205  (j) and (k) amended.......................................25122
160  Authority citation revised....................................21815
160.5  (d) removed.................................................21815
160.7  (c) amended.................................................25122
161.301  (d) added..................................................7739
162.80  (a) revised................................................15555
164.41  (a)(3) amended.............................................25122
165  Temporary regulations list....................................4016,
                                                     13119, 29678, 41162
165.T33  Added (temporary).........................................27681
165.T105  Added (temporary).........................................4616
165.T107  Revised (temporary)......................................10372
165.T194  Added (temporary)........................................44878
165.T242  Added (temporary)........................................31859
165.T243  Added (temporary)........................................31860
165.T0520  Added (temporary).......................................13120
165.T0531  Added (temporary).......................................21816
165.T0540  Added (temporary).......................................30261
165.T0548  Added (temporary).......................................26772
165.T05076  Added (temporary)......................................48907
165.T07-01  Added (temporary)......................................13407
165.T835  Added (temporary)........................................32390
165.T840  Added (temporary)........................................36970
165.T846  Added (temporary)........................................41164
165.T0901  Added (temporary)......................................17029,
18555, 23623, 29459
165.T0903  Added (temporary).......................................37558
    Cancelled......................................................44878
165.T903  Added (temporary)........................................48908
165.T1122  Added (temporary).......................................30839
165.T1123  Added (temporary).......................................30840
165.T1163  Added (temporary).......................................16703
165.T1165  Added (temporary).......................................39605
165.T1169  Added (temporary)........................................4020
165.T1177  Added (temporary).......................................18982
165.T1403  Added (temporary).........................................879
165.T1406  Added (temporary).......................................48906
165.121  Added.....................................................31858
165.503  Ice navigation season notice................................616
    Ice navigation season terminated...............................12417
165.506  Added......................................................5165
165.702  Removed...................................................12680
165.705  Added.....................................................38718
165.710  Added.....................................................38719
165.802  Revised...................................................15207
165.1110  Removed..................................................40415
166  Authority citation revised.....................................1348
166.200  (d)(49) revised............................................1348
    (d)(39)(i) revised.............................................36454
    (d)(39)(i) first and second tables corrected...................37671
173  Authority citation correctly revised..........................13117
174.7  Amended.....................................................25122
174.125  Revised...................................................25122
177  Authority citation correctly revised..........................13117
177.01  Introductory text corrected................................13117
179.19  Revised....................................................25122
181.31  (a) and (b) amended........................................25122

[[Page 776]]

181.33  Amended....................................................25122
183.5  (a) amended.................................................25123
    Revised........................................................36971
183.430  (a)(2)(i) revised.........................................36971
183.435  (a)(5) removed; (a) (3) and (4) revised...................36972

                                  1989

33 CFR
                                                                   54 FR
                                                                    Page
Chapter I
140  Authority citation revised....................................21571
140.7  Revised.....................................................21571
140.10  Amended....................................................21571
143  Authority citation revised....................................21571
143.400--143.407 (Subpart E)  Added................................21571
146  Authority citation revised....................................21572
146.125  (c) redesignated as (d); new (c) added....................21572
146.140  Added.....................................................21572
    Amended (OMB number)...........................................32971
146.210  Added.....................................................21573
    Amended (OMB number)...........................................32971
147.T1192  Added (temporary).......................................46230
    (a) revised (temporary)........................................48742
151  Heading and authority citation revised........................18403
    Authority citation and Subpart designations removed; heading 
revised; interim...................................................22548
    Authority citation revised.....................................40000
151.01--151.49 (Subpart A)  Authority citation and new heading 
        added; interim.............................................22548
151.01  Revised; interim...........................................18403
151.03  Revised; interim...........................................18403
151.04  Added; interim.............................................18403
151.05  Amended; interim...........................................18403
151.07  Revised; interim...........................................18404
151.08  Revised; interim...........................................18404
151.09  Redesignated as 151.10; new 151.09 added; interim..........18404
151.10  Redesignated from 151.09; interim..........................18404
151.11  (a) introductory text revised; interim.....................18404
151.13  Heading, (a), and (g) revised; interim.....................18404
151.30  Revised; interim...........................................18405
151.47  Heading and list revised; interim..........................40000
151.49  (a) and (b) revised; interim...............................40001
151.51--151.77 (Subpart D) and Appendix  Added; interim............18405
151.1000--151.1024 (Subpart B)  Added; interim.....................22548
151.1009  (b) corrected............................................24078
155  Authority citation revised; section authority citations 
        removed....................................................18407
155.350  (a)(2) revised; interim...................................18407
155.400  (b)(2) revised; interim...................................18407
155.710  (a) (1) and (2) revised.....................................151
158  Heading and authority citation revised........................18407
158.100--158.165  Undesignated center heading removed; interim.....18407
158.100--158.190 (Subpart A)  Heading revised; interim.............18407
158.100  (b) revised; interim......................................18407
158.110  Revised; interim..........................................18407
158.115  Added; interim............................................18407
158.120  Amended; interim..........................................18407
158.130  Revised; interim..........................................18408
158.133  Added; interim............................................18408
158.135  Added; interim............................................18408
158.140  Revised; interim..........................................18408
158.160  Revised; interim..........................................18408
158.163  (b)(2) revised; interim...................................18409
158.165  (b) revised; interim......................................18409
158.167  Added; interim............................................18409
158.400--158.420 (Subpart D)  Redesignated as 158.500--158.520 
        (Subpart E); new 158.400--158.420 (Subpart D) added........18409
158.500--158.520 (Subpart E)  Redesignated from 158.400--158.420 
        (Subpart D)................................................18409
160  Authority citation revised....................................14078
160.201  (b) and (c)(1) revised....................................14078
160.207  (c)(1) revised............................................14078
160.211  (a)(1) revised............................................14078
160.213  (a)(1) revised............................................14078
161  Authority citation revised....................................15175
161.200--161.266  Undesignated center heading added................15175
161.200--161.210  Undesignated heading added.......................15175
161.200--161.203  Added............................................15175
161.204--161.208  Added............................................15176
161.210  Added.....................................................15176
161.212--161.226  Undesignated heading added.......................15176

[[Page 777]]

161.212  Added.....................................................15176
161.214  Added.....................................................15176
161.216  Added.....................................................15177
161.218  Added.....................................................15177
161.220  Added.....................................................15177
161.222  Added.....................................................15177
161.224  Added.....................................................15177
161.226  Added.....................................................15177
161.227--161.236  Undesignated heading added.......................15177
161.227  Added.....................................................15177
161.228  Added.....................................................15177
161.231  Added.....................................................15177
161.232  Added.....................................................15177
161.234  Added.....................................................15177
161.236  Added.....................................................15178
161.252  Undesignated heading and section added....................15178
161.254--161.266  Undesignated heading added.......................15178
161.254  Added.....................................................15178
161.256  Added.....................................................15178
161.258  Added.....................................................15178
161.260  Added.....................................................15178
161.262  Added.....................................................15178
161.264  Added.....................................................15178
161.266  Added.....................................................15179
162.55  Removed......................................................608
162.60  Removed......................................................608
165  Temporary regulations list................5432, 21940, 35648, 46889
165.T0102  Added (temporary).......................................11186
165.T0515  Added (temporary).......................................20573
165.T0537  Added (temporary).......................................22754
    Revised (temporary)............................................24171
165.T0538  Added (temporary).......................................23648
165.T0574  Added (temporary).......................................30544
165.T0702  Added (temporary).......................................14079
165.T1029  Added (temporary).......................................27001
165.T1104  Added (temporary).......................................28815
165.T1162  Added (temporary).......................................40870
165.T1163  Added (temporary).......................................40869
165.T1193  Added (temporary).......................................47207
165.T1199  Added (temporary).......................................35877
165.T1304  Added (temporary).......................................32444
165.T1305  Added (temporary).......................................32443
165.T1701  Added (temporary)........................................9776
165.T1702  Added (temporary)................................12613, 15179
165.T1704  Added (temporary).......................................37108
165.T1705  Added (temporary).......................................43809
165.T5100  Added (temporary).......................................43810
165.T5101  Added (temporary).......................................43811
165.T05076  Revised (temporary).....................................9779
165.T07035  Added (temporary)......................................36305
165.102  Added.....................................................13883
165.103  Added.....................................................20572
165.201  Removed...................................................52028
165.501  Revised.....................................................608
    (a)(1) and (d)(12) corrected....................................7190
    (d)(11)(iv), (12)(v), and (13) added...........................19169
165.503  Eff. 12-17-89.............................................52938
165.505  Removed....................................................7191
165.506  Removed....................................................7191
165.705  (a) and (b) corrected.......................................611
    (a) corrected..................................................26198
    Heading corrected..............................................27796
165.730  Revised...................................................20574
165.802  (b) revised...............................................16108
165.803  (i)(4) removed; (i) note revised..........................14958
165.903  Added......................................................9778
165.1113  Added....................................................15754
166  Port access route study results...............................36027
167.350  (b) revised...............................................28062
    (b)(7) corrected...............................................51972
173  Authority citation revised.....................................5610
173.1  Revised.....................................................27002
173.3  (a) removed.................................................27002
173.13  Introductory text revised..................................27002
173.17  Revised....................................................27002
173.21  (b) revised................................................27002
173.55  (a)(3) revised..............................................5610
173  Appendix A amended............................................27002
174  Authority citation revised.....................................5610
174.101  (b) revised................................................5610
181.703  Exemption granted..........................................7763
181.705  Exemption granted..........................................7764

                                  1990

33 CFR
                                                                   55 FR
                                                                    Page
Chapter I
126  Authority citation revised....................................36252
126.05  (a) amended................................................36252
126.07  (a) amended; (b) removed; (c) redesignated as (b)..........36252
126.10  (d) amended................................................36252
126.15  (o) introductory text revised..............................36252
135.103  (a) revised; (c) and (d) added; eff. 8-1-90...............17268
135.105  Removed; eff. 8-1-90......................................17268

[[Page 778]]

146.140  Regulation at 54 FR 32971 eff. date confirmed.............27226
146.210  Regulation at 54 FR 32971 eff. date confirmed.............27226
151.01  Amended; interim; eff. 7-31-90.............................18582
    Regulation at 54 FR 18403 confirmed............................35988
151.03  Amended; interim; eff. 7-31-90.............................18582
    Regulation at 54 FR 18403 confirmed............................35988
151.04  Nomenclature change; interim; eff. 7-31-90.................18582
    Regulation at 54 FR 18403 confirmed............................35988
151.05  Amended; interim; eff. 7-31-90.............................18582
    Regulation at 54 FR 18403 confirmed; amended...................35988
151.07  (d) amended; interim; eff. 7-31-90.........................18582
    Regulation at 54 FR 18404 confirmed............................35988
151.08  Regulation at 54 FR 18404 confirmed........................35988
151.09  (a) introductory text and (b) introductory text amended; 
        interim; eff. 7-31-90......................................18582
    Regulation at 54 FR 18404 confirmed............................35988
151.10  Regulation at 54 FR 18404 confirmed........................35988
151.11  Regulation at 54 FR 18404 confirmed........................35988
151.13  (a) introductory text amended; interim; eff. 7-31-90.......18582
    Regulation at 54 FR 18404 confirmed............................35988
151.23  (a) introductory text amended; interim; eff. 7-31-90.......18582
151.25  (a), (b), (d) introductory text, (e) introductory text, 
        and (f) introductory text amended; interim; eff. 7-31-90 
                                                                   18582
151.30  (a) introductory text and (b) introductory text amended; 
        interim; eff. 7-31-90......................................18582
    Regulation at 54 FR 18405 confirmed............................35988
151.45  (d)(1) and (2) amended; interim; eff. 7-31-90..............18582
151.47    Regulation at 54 FR 40000 confirmed; amended.............17269
151.49  Regulation at 54 FR 40001 confirmed; (a) amended...........17269
151.51--151.77 (Subpart D)  Regulation at 54 FR 18405 confirmed....35988
151.51  (a) introductory text and (b) introductory text amended; 
        interim; eff. 7-31-90......................................18582
151.53  Introductory text amended; interim; eff. 7-31-90...........18582
151.57  Added; interim; eff. 7-31-90...............................18582
151.59  Added; interim; eff. 7-31-90...............................18582
    Suspended in part..............................................30455
151.61  Introductory text amended; interim; eff. 7-31-90...........18582
151.63  (b) introductory text amended; interim; eff. 7-31-90.......18583
151.66  Amended; interim; eff. 7-31-90.............................18583
151.67  Amended; interim; eff. 7-31-90.............................18583
151.77  Introductory text amended; interim; eff. 7-31-90...........18582
151.51--151.77  Appendix A heading amended; interim; eff. 7-31-90 
                                                                   18583
154  Authority citation revised....................................25428
    Heading and authority citation revised.........................36252
154.100  Revised...................................................36252
154.105  Amended...................................................36252
154.106  Revised; eff. 7-23-90.....................................25428
154.107  (a)(2) amended............................................36252
154.108  (a)(2)(ii) and (2)(iii) amended...........................36252
    (a)(2)(iii) correctly designated...............................49997
154.110  (c) amended...............................................36252
154.300  (a)(2) and (f) amended....................................36253
154.310  (b) and (c) redesignated as (c) and (d), new (b) added; 
        OMB number; eff. 7-23-90...................................25426
    (a)(4), (16), (17)(ii), (18), and (19) amended; (a)(5)(ii)(a) 
revised............................................................36253
154.320  (a)(2) amended............................................36253
154.325  (b) amended...............................................36253

[[Page 779]]

154.500  Introductory text, (a)(2), (b)(2), (c), and (h) amended; 
        (e)(1) revised.............................................36253
154.510  (a) amended; (c) revised..................................36253
154.520  Amended...................................................36253
154.525  Introductory text and (c) amended.........................36253
154.530  (a) introductory text and (c) amended.....................36253
154.540  Amended...................................................36253
154.545  (a), (c)(1), (2), and (d)(4) amended; (d) introductory 
        text revised...............................................36253
154.550  Revised...................................................36253
154.570  (a)(2), (3), and (b)(2) amended; (a)(4) revised...........36253
154.710  Introductory text, (a), (b), (c), (d) (4), (5), and (6) 
        amended....................................................36253
154.735  Added.....................................................36253
154.740  (e) and (f) amended; (g), (h), and (i) added; OMB number; 
        eff. 7-23-90...............................................25429
(b) amended........................................................36254
154.800--154.850 (Subpart E)  Added; eff. 7-23-90..................25429
154.822  (c) correctly revised.....................................39270
154.824  (a) correctly revised.....................................39270
154  Appendix A added; eff. 7-23-90................................25435
    Appendix B added; eff. 7-23-90.................................25441
    Appendix A correctly amended...................................39270
155  Authority citation revised....................................25445
    Heading and authority citation revised; note added.............36254
155.110  Revised...................................................36254
155.130  (a)(2)(ii), (iii), and (d) amended........................36254
155.310  (a)(1) introductory text, (b)(1), and (2) amended; 
        heading, (a) introductory text, (2), (b) introductory 
        text, and (4) revised......................................36254
155.350  Regulation at 54 FR 18407 confirmed.......................35988
155.400  Regulation at 54 FR 18407 confirmed.......................35988
155.470  Heading revised; (a) and (b) introductory text amended....36254
155.700--155.820 (Subpart C)  Heading amended......................36254
155.700  Revised...................................................36254
155.710  (a) introductory text, (1), and (2) amended...............36254
    (a)(1) and (2) corrected.......................................49997
155.720  Revised...................................................36254
155.730  Nomenclature change.......................................36254
155.740  Nomenclature change.......................................36254
155.750  (d) added; OMB number; eff. 7-23-90.......................25445
    Nomenclature change; (a)(5) amended; (a)(9) revised............36254
155.760  Heading, (a), and (c) amended.............................36255
155.770  Revised...................................................36255
155.780  Revised...................................................36255
155.785  (a) amended...............................................36255
155.790  (a) revised; (b)(2) amended...............................36255
155.800  Heading and text amended..................................36255
155.805  (a) amended...............................................36255
155.815  (a)(5) amended............................................36255
155.820  (a) amended...............................................36255
156  Authority citation revised.............................25445, 36255
    Authority citation corrected...................................49997
156.100--156.170 (Subpart A)  Heading revised......................36255
156.100  Revised...................................................36255
156.107  (a)(3) amended............................................36255
156.110  (a)(2)(ii) and (iii) amended..............................36255
156.112  Introductory text and (d) amended; (c) revised............36255
156.113  (a) amended...............................................36255
156.115  Nomenclature change.......................................36255
156.118  (a) introductory text, (3), (4), (b), and (c) amended.....36255
156.120  (aa) added; OMB number; eff. 7-23-90......................25445
    Heading, introductory text, (b), (d), (e), (f), (h), (i), (p), 
(t)(1) through (3), (u) introductory text and (2), (v), (w) 
introductory text, (7), and (x) amended............................36255
156.125  Heading, (a) introductory text, (b) introductory text, 
        (1), (2), and (c) amended..................................36255
156.130  (a) through (d) amended...................................36256
156.150  (a), (c)(5), (e), and (f) amended.........................36256

[[Page 780]]

    (a) corrected..................................................49997
156.160  (a) through (c) amended...................................36256
156.170  (g) added; OMB number; eff. 7-23-90.......................25445
    (a), (c)(1) introductory text, (i), (4), and (d) amended.......36256
156.205  (b) amended...............................................36256
158.100--158.165  Regulation at 54 FR 18407 confirmed..............35988
158.100--158.190 (Subpart A)  Regulation at 54 FR 18407 confirmed 
                                                                   35988
158.100  Regulation at 54 FR 18407 confirmed.......................35988
158.110  Regulation at 54 FR 18407 confirmed.......................35988
158.115  Regulation at 54 FR 18407 confirmed.......................35988
158.120  Regulation at 54 FR 18407 confirmed.......................35988
158.130  Regulation at 54 FR 18408 confirmed.......................35988
158.133  Regulation at 54 FR 18408 confirmed.......................35988
158.135  Regulation at 54 FR 18408 confirmed.......................35988
158.140  Regulation at 54 FR 18408 confirmed.......................35988
158.160  Regulation at 54 FR 18408 confirmed.......................35988
158.163  Regulation at 54 FR 18409 confirmed.......................35988
158.165  Regulation at 54 FR 18409 confirmed; (b)(3) revised.......35988
158.167  Regulation at 54 FR 18409 confirmed.......................35988
158.400--158.420 (Subpart D)  Regulation at 54 FR 18409 confirmed 
                                                                   35988
158.500--158.520 (Subpart E)  Regulation at 54 FR 18409 confirmed 
                                                                   35988
161.501  Added.....................................................34910
    (b) corrected..................................................38545
    Effective date amended.........................................49998
161.503  Added.....................................................34910
    Effective date amended.........................................49998
161.504  Added.....................................................34911
    Effective date amended.........................................49998
161.505  Added.....................................................34911
    Effective date amended.........................................49998
161.506  Added.....................................................34911
    Effective date amended.........................................49998
161.507  Added.....................................................34911
    Effective date amended.........................................49998
161.508  Added.....................................................34911
    Effective date amended.........................................49998
161.510  Added.....................................................34911
    Effective date amended.........................................49998
161.520  Added.....................................................34911
    Effective date amended.........................................49998
161.522  Added.....................................................34911
    Effective date amended.........................................49998
161.523  Added.....................................................34911
    Effective date amended.........................................49998
161.524  Added.....................................................34911
    Effective date amended.........................................49998
161.526  Added.....................................................34911
    Effective date amended.........................................49998
161.528  Added.....................................................34911
    Effective date amended.........................................49998
161.530  Added.....................................................34911
    Effective date amended.........................................49998
161.532  Added.....................................................34911
    Effective date amended.........................................49998
161.536  Added.....................................................34911
    Effective date amended.........................................49998
161.537  Added.....................................................34912
    Effective date amended.........................................49998
161.538  Added.....................................................34912
    Effective date amended.........................................49998
161.539  Added.....................................................34912
    Effective date amended.........................................49998
161.540  Added.....................................................34912
    Effective date amended.........................................49998
161.542  Added.....................................................34912
    Effective date amended.........................................49998
161.575  Added.....................................................34912
    Effective date amended.........................................49998
161.580  Added.....................................................34912
    Effective date amended.........................................49998
162.100  Redesignated as 165.202 and revised; eff. 7-9-90..........23203
164  Authority citation revised....................................32246
164.15  Added......................................................32247
    Technical correction...........................................38441
165  Temporary regulations list........1583, 13134, 13136, 13137, 29574, 
                                                                   41077
165.202  Redesignated from 162.100 and revised; eff. 7-9-90........23203
165.503  Ice navigation season terminated..........................12348
165.702  Added.....................................................47471
165.720  Added.....................................................51700
165.731  Revised...................................................42374
165.1101  Removed..................................................32250
165.1401  Revised..................................................18725

[[Page 781]]

165.1404  Added....................................................18725
165.T0213  Added (temporary).......................................13136
165.T0216  Added (temporary).......................................13137
165.T0218  Added (temporary).......................................17970
165.T0230  Added (temporary).......................................24232
165.T0240  Added (temporary).......................................23729
165.T0241  Added (temporary).......................................23729
165.T0245  Added (temporary).......................................23730
165.T0279  Added (temporary).......................................32077
165.T0502  Added (temporary)........................................3035
165.T0569  Added (temporary).......................................36278
165.T0572  Added (temporary).......................................39967
165.T0581  Added (temporary).......................................49039
165.T0582  Added (temporary).......................................49040
165.T0585  Added (temporary).......................................51291
165.T0587  Added (temporary).......................................52843
165.T0701  Added (temporary)........................................2645
165.T0704  Added (temporary).......................................52272
165.T0723  Added (temporary).......................................20264
165.T0724  Added (temporary).......................................20264
165.T0725  Added (temporary).......................................20265
165.T0726  Added (temporary).......................................17270
165.T0739  Added (temporary).......................................13904
165.T0752  Added (temporary).......................................26685
165.T0754  Added (temporary).......................................42375
165.T07-90-50  Added (temporary)...................................37712
165.T07-90-55  Added (temporary)...................................34712
165.T07-90-103  Added (temporary)..................................49518
165.T0792  Added (temporary).......................................39966
    Added (temporary)..............................................46205
165.T07102  Added (temporary)......................................49517
165.T0909  Added (temporary).........................................734
165.T0912  Added (temporary).......................................25602
165.T0915  Added (temporary).......................................25829
165.T0918  Added (temporary).......................................28760
165.T0919  Added (temporary).......................................30690
165.T0922  Added (temporary).......................................41079
165.T0924  Added (temporary).......................................43123
165.T1045  Added (temporary).......................................21383
165.T1069  Added (temporary).......................................25307
165.T1084  Added (temporary).......................................26437
165.T1086  Added (temporary).......................................25830
165.T1088  Added (temporary).......................................26200
165.T1095  Added (temporary).......................................25830
165.T1103  Added (temporary)........................................6639
165.T1108  Added (temporary).......................................39965
165.T1111  Added (temporary).......................................40169
165.T1112  Added (temporary).......................................31579
    Added (temporary)..............................................41691
165.T1113  Added (temporary).......................................42006
165.T1114  Added (temporary).......................................43122
165.T1135  Added (temporary).......................................31578
165.T1171  Added (temporary).......................................42958
165.T1172  Added (temporary).......................................40384
165.T1174  Added (temporary).......................................39620
165.T1175  Added (temporary).......................................39621
165.T1177  Added (temporary).......................................38802
    Effective date extended to 6-30-91.............................52272
165.T1178  Added (temporary).......................................39619
    Effective date extended to 6-30-91.............................52273
165.T1193  Removed..................................................1584
165.T1303  Added (temporary).......................................28195
165.T1403  Added (temporary).......................................47327
165.T5107  Added (temporary)..........................................28
175.15  Revised....................................................32034
175.17  Revised....................................................32034
    Introductory text corrected.............................32733, 37403
175.19  Revised....................................................32034
175.21  Revised....................................................32034
175.23  Removed....................................................32034
181  Heading corrected......................................32733, 37404
181.4  Added.......................................................32034
181.702  Revised...................................................32034
181.703  Revised...................................................32034
181.705  Removed...................................................32035

                                  1991

33 CFR
                                                                   56 FR
                                                                    Page
Chapter I
127  Authority citation revised....................................35819
127.003  Revised...................................................36819
127.611  Revised...................................................35819
149  Authority citation revised....................................21082
149.795  Revised; eff. 7-8-91......................................21082
151.01--151.77 (Subpart A)  Authority citation revised.............19578
151.05  Amended.....................................................8880
151.53  Introductory text revised; (f) added.......................19578
151.59  Added.......................................................8880
151.77  (c) revised................................................19578
151.51--151.77  Appendix A amended.................................19578
153.105  (a)(6) and (b)(2) removed.................................61163
154.106  Revised...................................................35819
154.500  (d)(3) revised............................................35821
161.114  Revised...................................................37475
161.501  Effective date amended.....................................1737

[[Page 782]]

161.503  Effective date amended.....................................1737
161.504  Effective date amended.....................................1737
161.505  Effective date amended.....................................1737
161.506  Effective date amended.....................................1737
161.507  Effective date amended.....................................1737
161.508  Effective date amended.....................................1737
161.510  Effective date amended.....................................1737
161.520  Effective date amended.....................................1737
161.522  Effective date amended.....................................1737
161.523  Effective date amended.....................................1737
161.524  Effective date amended.....................................1737
161.526  Effective date amended.....................................1737
161.528  Effective date amended.....................................1737
161.530  Effective date amended.....................................1737
161.532  Effective date amended.....................................1737
161.536  Effective date amended.....................................1737
161.537  Effective date amended.....................................1737
161.538  Effective date amended.....................................1737
161.539  Effective date amended.....................................1737
161.540  Effective date amended.....................................1737
161.542  Effective date amended.....................................1737
161.575  Effective date amended.....................................1737
161.580  Effective date amended.....................................1737
161.820  Revised...................................................11512
161.834  Revised...................................................11512
    Correctly revised..............................................14316
165  Temporary regulations list...............................784, 14197
    Temporary regulations list..............................33708, 51980
165.165  Added.....................................................40251
165.170  Added.....................................................50274
165.204  Added.....................................................55820
165.713  Added.....................................................30509
165.728  (a)(3) added; (b) and (d) revised.........................22826
165.729  (a)(3) added; (b) and (d) revised.........................22827
165.752  Added......................................................2851
    Revised........................................................36005
    Corrected......................................................41284
165.805  (a) revised...............................................66599
165.1108  Added....................................................14645
    (a) corrected..................................................40360
165.0118  Added (temporary)........................................37853
165.T001  Added (temporary).........................................3036
165.T213  Added (temporary)........................................22117
165.T214  Added (temporary)........................................22116
165.T540  Added (temporary)........................................37852
165.T0105  Added (temporary).......................................32111
165.T0110  Added (temporary).......................................36004
165.T0128  Added (temporary).......................................43701
165.T1024  Added (temporary).......................................22116
165.T1028  Added (temporary).......................................25630
165.T1030  Added (temporary).......................................22118
165.T1031  Added (temporary).......................................22117
165.T1032  Added (temporary).......................................22118
165.T1041  Added (temporary).......................................25631
165.T1043  Added (temporary).......................................25631
165.T1044  Added (temporary).......................................25632
165.T1049  Added (temporary).......................................28488
165.T1054  Added (temporary).......................................25632
165.T1058  Added (temporary).......................................25633
165.T01148  Addded (temporary).....................................54539
165.T02009  Added (temporary)......................................14646
165.T02010  Added (temporary)......................................14646
165.T02011  Added (temporary)......................................14645
165.T02012  Added (temporary)......................................14647
165.T02040  Added (temporary)......................................31876
165.T02-048  Added (temporary).....................................42944
165.T02-049  Added (temporary).....................................42944
165.T0215  Added (temporary).......................................26768
165.T0502  Added (temporary)........................................3035
165.T0504  Added (temporary)........................................5156
165.T0505  Added (temporary)........................................5157
165.T0512  Added (temporary).......................................65189
165.T0552  Added (temporary).......................................63660
165.T05-010  Added (temporary).....................................49412
165.T05-91-003  Added (temporary)...................................4944
    Removed........................................................14645
165.T0701  Added (temporary)........................................7303
165.T0702  Added (temporary).......................................14198

[[Page 783]]

165.T0703  Added (temporary).......................................13763
165.T0704  Added (temporary).......................................14200
165.T07-04  Added (temporary).......................................5155
165.T0705  Added (temporary).......................................14199
165.T0706  Added (temporary)........................................5755
165.T0786  Added (temporary).......................................42235
165.T07121  Added (temporary)......................................65190
165.T07130  Added (temporary)........................................488
165.T0925  Added (temporary).......................................18515
165.T0926  Added (temporary).......................................18731
165.T0927  Added (temporary).......................................18732
165.T0929  Added (temporary).......................................30335
165.T0930  Added (temporary).......................................40251
165.T1009  Added (temporary)........................................9289
165.T1017  Added (temporary).......................................12669
165.T1056  Added (temporary).......................................40250
165.T1071  Added (temporary).......................................30334
165.T1080  Added (temporary).......................................31086
165.T1094  Added (temporary).......................................32111
165.T1097  Added (temporary).......................................48106
165.T1100  Added (temporary).......................................32112
165.T1105  Added (temporary)........................................4560
    Removed........................................................14647
165.T1106  Added (temporary).......................................10513
    Added (temporary)..............................................35830
165.T1107  Added (temporary........................................35831
165.T1110  Added (temporary........................................35831
165.T1113  Added (temporary).......................................42234
165.T1118  Added (temporary)........................................1109
165.T1119  Added (temporary)........................................1109
165.T1127  Added (temporary).......................................42688
165.T1129  Added (temporary).......................................42943
165.T1131  Added (temporary).......................................42942
165.T1133  Added (temporary).......................................42943
165.T1146  Added (temporary).......................................49412
165.T1184  Added (temporary).......................................12121
165.T1186  Added (temporary).......................................12121
165.T1189  Added (temporary).......................................30509
165.T1204  Added (temporary)........................................1110
    (b) corrected...................................................6277
165.T2024  Added (temporary).......................................26767
165.T2025  Added (temporary).......................................26766
165.T2026  Added (temporary).......................................27410
165.T2027  Added (temporary).......................................26768
165.T2028  Added (temporary).......................................26767
165.T5-009  Added (temporary)......................................30508

                                  1992

33 CFR
                                                                   57 FR
                                                                    Page
Chapter I
133  Added; interim................................................53969
135  Authority citation revised....................................36316
135.301--135.319 (Subpart D)  Heading revised; interim.............36316
135.301  Removed; interim..........................................36316
135.303  (a)(1) and (2) removed; (a) designation and (a)(3) 
        designation removed; interim...............................36316
135.305--135.307  Undesignated center heading removed; interim.....36316
135.309--135.311  Undesignated center heading removed; interim.....36316
135.309  Removed; interim..........................................36316
135.311  Removed; interim..........................................36316
135.313--135.319  Undesignated center heading removed; interim.....36316
135.313  Removed; interim..........................................36316
135.315  Removed; interim..........................................36316
135.317  Removed; interim..........................................36316
135.319  Removed; interim..........................................36316
136  Revised; interim..............................................36316
136.101  (b) corrected.............................................41104
136.103  (a) corrected.............................................41104
137.501--137.513 (Subpart F)  Removed; interim.....................36322
147.1114  Added.....................................................9055
    Revised........................................................48457
147.1115  Added.....................................................9055
    Revised........................................................48457
147.1116  Added.....................................................9054
151.04  (c) revised................................................33261
155.390  Removed; interim..........................................36238
    Regulation at 57 FR 36238 comment period reopened..............60402
157  Authority citation revised.............................36238, 60402
157.01  Revised; interim...........................................36238
    Regulation at 57 FR 36238 comment period reopened..............60402
157.03  (k), (n) and (aa) revised; (ii) through (oo) added; 
        interim....................................................36238
    Regulation at 57 FR 36238 comment period reopened; interim.....60402
157.08  Introductory text removed; (b) through (i) redesignated as 
        (f) through (m); Note, new (b) through (e) and (n) added; 
        (a), new (f), (g) and (h) revised; interim.................36239
    (n) corrected..................................................40494
    Regulation at 57 FR 36239 comment period reopened; interim.....60402

[[Page 784]]

157.10  Heading and (d) revised; interim...........................36239
    Regulation at 57 FR 36239 comment period reopened; interim.....60402
157.10d  Added; interim............................................36239
    Regulation at 57 FR 36239 comment period reopened; interim.....60402
157.11  (g) added; interim.........................................36244
    Regulation at 57 FR 36244 comment period reopened; interim.....60402
157.24  Introductory text and (c) revised; interim.................36244
    Regulation at 57 FR 36244 comment period reopened; interim.....60402
157.25  Heading revised; (a) and (b) redesignated as (b) and (c); 
        new (a) added; interim.....................................36244
    Regulation at 57 FR 36244 comment period reopened; interim.....60402
157.28  Introductory text revised; interim.........................36244
    Regulation at 57 FR 36244 comment period reopened; interim.....60402
157  Appendix A amended; Appendix G added; interim.................36245
    Regulation at 57 FR 36245 comment period reopened; interim.....60402
161  Authority citation revised....................................31662
161.109  Added.....................................................31662
161.376  (a)(5) added..............................................31663
165  Temporary regulations list..............................2020, 19086
    Authority citation revised.....................................22176
    Temporary regulations list..............................30644, 47766
165.111  Added.....................................................30407
165.165  Revised...................................................11685
    (c)(2), (d)(5) and (6) corrected...............................13413
165.170  Removed...................................................11686
165.203  Added.....................................................22176
165.T0107  Added (temporary).......................................18827
165.T01-008  Added (temporary)......................................6790
165.T01-019  Added (temporary).....................................21608
165.T01-40  Added (temporary)......................................29022
165.T0154  Added (temporary).......................................27703
165.T0155  Added (temporary).......................................27700
165.T01-056  Added (temporary).....................................35467
165.T01-061  Added (temporary).....................................29023
165.T01-065  Added (temporary)..............................27702, 29024
165.T01-070  Added (temporary).....................................30651
165.T01-083  Added (temporary).....................................31323
165.T01-085  Added (temporary).....................................30650
165.T01-096  Added (temporary)..............................35466, 39362
165.T01-097  Added (temporary).....................................40126
165.T01-101  Added (temporary).....................................41421
165.T01-109  Added (temporary).....................................39121
165.T01-114  Added (temporary).....................................44123
165.T01-117  Added (temporary).....................................44122
165.T01-125  Added (temporary).....................................48190
165.T01-130  Added (temporary).....................................60997
165.T01-131  Added (temporary).....................................60128
165.T01-134  Added (temporary).....................................55461
165.T01-135  Added (temporary).....................................55463
165.T01-161  Added (temporary).....................................27695
165.T01-165-4  Added (temporary)...................................27177
165.T01-165-6  Added (temporary)...................................27177
165.T01-165-7  Added (temporary)...................................27178
165.T01-165-8  Added (temporary)...................................27178
165.T01-165-9  Added (temporary)...................................27179
165.T01-165-11  Added (temporary)..................................27179
165.T01-165-12  Added (temporary)..................................27179
165.T01-168  Added (temporary)......................................1108
    Technical correction............................................4366

[[Page 785]]

165.T01-170  Added (temporary)......................................1107
    Technical correction............................................4366
165.T01-171  Added (temporary).......................................348
165.T01-172  Added (temporary).....................................14488
165.T0209  Added (temporary).......................................13646
    Regulation at 57 FR 13646 effective date corrected.............18207
165.T0252  Added (temporary).......................................56992
165.T02013  Added (temporary)......................................31664
165.T02015  Added (temporary)......................................21214
165.T02016  Added (temporary)......................................21213
165.T0226  Added (temporary).......................................24953
165.T02045  Added (temporary)......................................43616
165.T0506  Added (temporary).......................................40612
165.T0512    Added (temporary).....................................24952
165.T05-12  Added (temporary)......................................20405
    Added (temporary)..............................................31453
165.T05-13  Added (temporary)......................................18399
165.T518  Added (temporary)........................................27697
165.T520  Added (temporary)........................................27696
165.T0526  Added (temporary).......................................27180
165.T0549  Added (temporary).......................................35757
165.T0551  Added (temporary).......................................57100
165.T551  Added (temporary)........................................33637
165.T576  Added (temporary)........................................47262
165.T0585  Added (temporary).......................................58147
165.T0591  Added (temporary).......................................59928
165.T592  Added (temporary)........................................58988
165.T0719  Added (temporary).......................................11431
165.T0747  Added (temporary).......................................27698
165.T0793  Added (temporary).......................................40330
165.T0800  Added (temporary).......................................23535
165.T0801  Added (temporary)........................................8266
165.T841  Added (temporary)........................................47769
165.T844  Added (temporary)........................................46508
165.T850  Added (temporary)........................................46508
165.T0857  Added (temporary).......................................46507
165.T0938  Added (temporary).......................................23304
165.T09-40  Added (temporary)......................................24750
165.T0944  Added (temporary).......................................24751
165.T1106  Added (temporary).......................................46506
165.T1108  Added (temporary).......................................49649
165.T1161  Added (temporary)........................................5078
165.T1162  Added (temporary).......................................29024
165.T1170  Added (temporary).......................................57100
165.1406  Added....................................................54508

                                  1993

33 CFR
                                                                   58 FR
                                                                    Page
Chapter I
148.103  Revised...................................................11193
148.205  (a) revised...............................................11193
148.207  (d) revised...............................................11193
150  Authority citation revised.....................................7352
150.129  Added; interim.............................................7352
151  Heading revised...............................................18334
151.1500--151.1516 (Subpart C)  Added..............................18334
154  Authority citation revised.....................................7552
154.100  (a) revised; (c) added; interim............................7352
154.106  (a) revised; (b) amended; interim..........................7352
154.310  (a)(22) added.............................................39662
154.500  (e) and (f) revised.......................................39662
154.1010--154.1075 (Subpart F)  Added; interim......................7352
154.1020  Corrected................................................13550
154.1028  (a)(4)(v) corrected......................................13551
154.1060  (b) corrected............................................13551
154.1110--154.1140 (Subpart G)  Added; interim; eff. 8-18-93........7352
154  Appendix C added...............................................7366
    Appendix D added................................................7376
155  Authority citation revised.....................................7424
    Authority citation revised..............................62262, 67995
155.140  Added; interim.............................................7424
    (a) revised; (b) amended; interim..............................67995
155.200  Added; interim............................................67996
155.205  Added; interim............................................67996
155.210  Added; interim............................................67996
155.215  Added; interim............................................67996
155.220  Added; interim............................................67996
155.225  Added; interim............................................67996
155.230  Added; interim............................................67996
155.235  Added; interim............................................67996
155.240  Added; interim............................................67996
155.245  Added; interim............................................67997
155.310  Heading and (b) introductory text revised; (c) and (d) 
        added; interim.............................................67997
155.450  (a) revised...............................................62262
155.750  (a)(11) added.............................................39662
155.1010--155.1065 (Subpart D)  Added; interim......................7424
155.1015  (e) removed..............................................13708
155.1020  Corrected................................................13708
155.1030  (j) corrected............................................13708

[[Page 786]]

155.1040  (f)(5) corrected.........................................13708
155.1050  (n)(2) corrected.........................................13708
155.1110--155.1150 (Subpart E)  Added; interim; 8-18-93.............7424
155  Appendix B added...............................................7441
    corrected......................................................13708
156  Authority citation revised....................................48436
156.200  Revised...................................................48436
156.205  (b) amended...............................................48436
156.210  (a)(3) redesignated as (a)(4); new (a)(3) and (c) added 
                                                                   48436
156.215  (a)(3) revised............................................48437
161.376  (a)(5) introductory text amended..........................26067
161.580  Revised; interim..........................................46082
162.25  Removed....................................................69232
162.130  (b)(3) introductory text revised; (b)(4) added............59365
162.T139  Added (temporary)........................................17526
164  Authority citation revised....................................27632
164.03  Revised; eff. 7-9-93.......................................27632
164.11  Footnote revised; eff. 7-9-93..............................27633
164.13  Added; eff. 7-9-93.........................................27633
    (e) suspended; eff. 7-9-93.....................................36141
    (e) suspended..................................................36141
165.112  Added.....................................................47991
    Regulation at 58 FR 47990 eff. date corrected to 10-8-93.......52442
165.204  (b)(4) removed............................................59952
165.730  Revised...................................................38057
165.1113  Removed..................................................68306
165  Temporary regulations list..............................8543, 29105
    Temporary regulations list..............................46078, 59948
165.T01-002  Added (temporary).....................................15091
165.T01-005  Added (temporary).....................................14152
    (b) revised (temporary)........................................65669
165.T 01-019  Added (temporary)....................................30988
    Removed (temporary)............................................39151
165.T01-020  Added (temporary).....................................36869
165.T01-034  Added (temporary).....................................47992
165.T01-057  Added (temporary).....................................36598
165.T01-062  Added (temporary).....................................33766
165.T01-63  Added (temporary)......................................40745
165.T01-85  Added (temporary)......................................40743
165.T01-87  Added (temporary)......................................39151
165.T01-93  Added (temporary)......................................40742
165.T01-109  Added (temporary).....................................47988
165.T01-119  Added (temporary).....................................47989
165.T01-130  Added (temporary).....................................51244
165.T01-134  Added (temporary).....................................53884
165.T01-144  Added (temporary).....................................69233
165.T01-151  Added (temporary).....................................68308
165.T01-152  Added (temporary).....................................68310
165.T01-153  Added (temporary).....................................68307
165.T01-401  Added (temporary).....................................69234
165.T0201  Added (temporary)........................................9544
165.T0210  Added (temporary).......................................15776
165.T0230  Added (temporary).......................................32294
165.T0232  Added (temporary).......................................32294
165.T0233  Added (temporary).......................................30989
165.T0248  Added (temporary).......................................39152
165.T0254  Added (temporary)................................38303, 39664
165.T0255  Added (temporary)........................................2989
165.T0257  Added (temporary).......................................44615
165.T02-60  Added (temporary)......................................40741
165.T0262  (b) revised (temporary).................................48963
165.T0263  Added (temporary).......................................46084
165.T0264  Added (temporary).......................................40361
    (b) revised (temporary)........................................48968
165.T02-067  Added (temporary).....................................51243
165.T02-073  Added (temporary).....................................58498
165.T02-076  Added (temporary).....................................69235
165.T0518  Added (temporary).......................................25947
165.T0526  Added (temporary).......................................32295
165.T0531  Added (temporary).......................................34223
165.T05-063  Added (temporary).....................................47990
165.T05-092  Added (temporary).....................................66280
165.T062  Added (temporary)........................................46083
165.T0787  Added (temporary).......................................47069
165.T0968  Added (temporary).......................................28354
165.T0976  Added (temporary).......................................36358
165.T0982  Added (temporary).......................................40363
165.T1103  Added (temporary).......................................17527
    Removed........................................................68306
165.T1105  Added (temporary).......................................39663
    Removed........................................................68036
165.T1106  Added (temporary).......................................40362
165.T1128  Removed.................................................68306
165.T1148  Added (temporary).......................................48967
165.T11-050  Added (temporary).....................................59172
165.T1164  Added (temporary).......................................31474
165.T13029  Added (temporary)......................................60558
165.T13030  Added (temporary)......................................60557
165.T5102  Added (temporary).......................................33340
175.1  (e) added...................................................41607
175.3  Revised.....................................................41607
175.5  Added.......................................................41608
175.11  Revised....................................................41608

[[Page 787]]

175.15  Revised; eff. in part 5-1-95...............................41608
175.17  Revised....................................................41608
    (a)(1) introductory text, (e)(1), (g)(1) and (2) correctly 
revised; (g)(3) correctly added....................................51576
181  Technical correction..........................................51576
181.703  (c) added.................................................41608

                                  1994

33 CFR
                                                                   59 FR
                                                                    Page
Chapter I
126  Heading revised...............................................39965
126.05  (a) amended................................................39965
126.07  (a) amended................................................39965
126.09  Revised....................................................39965
126.10  (a) revised................................................39965
126.19  Amended; (a) introductory text designation removed; 
        (a)(1), (2) and (3) redesignated as (a), (b) and (c).......39965
126.21  (b) amended................................................39965
126.27  (b)(1), (2) and (c) revised................................39965
130  Authority citation revised....................................34227
130.0  Added; interim..............................................34227
131  Authority citation revised....................................34227
131.0  Added; interim..............................................34227
132  Authority citation revised....................................34227
132.0  Added; interim..............................................34227
137  Authority citation revised....................................34227
137.101--137.107 (Subpart B) Removed; interim......................34227
137.201--137.215 (Subpart C) Removed; interim......................34227
137.300  Added; interim............................................34227
137.401--137.403 (Subpart E) Removed; interim......................34227
138  Added; interim................................................34227
147  Authority citation revised......................................675
147.T801  Added (temporary)..........................................675
150  Technical correction..........................................23095
150  appendix A amended............................................17482
151.01--151.77 (Subpart A)  Authority citation revised.............51338
151.05  Amended....................................................51338
151.09  (c) and (d) added..........................................51338
151.21  (a) amended................................................51338
151.26  Added......................................................51338
151.27  Added......................................................51342
151.28  Added......................................................51342
151.29  Added......................................................51342
151.47  Amended....................................................16986
    Amended........................................................45147
151.49  (a) and (b) amended........................................16987
    (a) amended....................................................45148
151.55  Added......................................................18703
151.63  (b)(2) revised.............................................18703
151.1502  Revised..................................................67634
151.1504  Amended..................................................67634
151.1506  Revised..................................................67634
151.1510  (a)(1) and (2) revised...................................67634
153  Authority citation revised....................................66485
153.105  Revised...................................................66485
153.107  Removed...................................................66485
155  Authority citation and note revised...........................53290
155.110  Revised; interim..........................................53290
155.120  (c) added; interim........................................53290
155.210  Corrected..................................................3749
155.480  Added; interim............................................53290
155.750  (e) added; interim........................................53291
155.775  Added; interim............................................53291
156  Authority citation revised....................................53291
156.105  Revised; interim..........................................53291
156.120  (bb) added; interim.......................................53291
157  Authority citation revised....................................40188
157.03  Introductory text revised..................................40188
157.400--157.410 (Subpart G)  Added................................40188
160  Authority citation revised....................................40189
160.3  Revised.....................................................36323
160.5  (d) added...................................................36324
160.203  Amended; interim..........................................39459
    (a) amended....................................................39966
160.207  Amended; interim..........................................39460
    (c)(5) added...................................................40189
160.211  Amended; interim..........................................39460
160.213  Amended; interim..........................................39460
160.215  Revised; interim..........................................39460
161  Revised.......................................................36324
161.402  Redesignated as 165.810...................................36324
161.880  Revised; eff. 12-27-93 through 4-15-94.....................5324
162.65  (b)(3)(iv) removed.........................................39963
162.100  Added.....................................................36333
162.117  Added.....................................................36333
162.T139  added (temporary)........................................16565

[[Page 788]]

164.03  (b) revised................................................36334
164.43  Added......................................................36334
165  Temporary  regulations list.............................5950, 30523
    Temporary regulations lists.............................39456, 56393
165.T01-001  Added (temporary).....................................31534
165.T01-022  Added (temporary).....................................26429
165.T01-025  Added (temporary).....................................18486
165.T01-030  Added (temporary).....................................27462
165.T01-039  Added (temporary).....................................28780
165.T01-043  Added (temporary).....................................26428
165.T01-046  Added (temporary).....................................29369
165.T01-048  Added (temporary).....................................29370
165.T01-049  Added (temporary).....................................29372
165.T01-052  Added (temporary).....................................29371
165.T01-059  Added (temporary).....................................32656
165.T01-060  Added (temporary).....................................31533
165.T01-061  Added (temporary).....................................31538
165.T01-064  Added (temporary).....................................46920
165.T01-107  Added (temporary).....................................38570
165.T01-114  Added (temporary).....................................39462
165.T01-118  Added (temporary).....................................41408
165.T01-131  Added (temporary).....................................46336
165.T01-132  Added (temporary).....................................46337
165.T01-138  Added (temporary).....................................47543
165.T01-151  Removed................................................4584
165.T01-152  Removed................................................8410
165.T01-153  Added (temporary).....................................66199
165.T01-155  Added (temporary).....................................63899
165.T01-160  Added (temporary).....................................66200
165.T02-001  Added (temporary)......................................4586
165.T02-003  Added (temporary)......................................8411
165.T02-005  Added (temporary)......................................5325
165.T02-006  Added (temporary)......................................7641
165.T02-007  Added (temporary)......................................4585
165.T02-011  Added (temporary)......................................8410
165.T02-013  Added (temporary).....................................10750
165.T02-014  Added (temporary).....................................13654
165.T02-016  Added (temporary).....................................13250
165.T02-018  Added (temporary).....................................17483
165.T02-022  Added (temporary).....................................21932
165.T02-035  Added (temporary).....................................31535
165.T02-055  Added (temporary).....................................49199
165.T02-064  Added (temporary).....................................46919
    (b) revised (temporary)........................................53354
    (b) revised....................................................66430
165.T02-077  Added (temporary).......................................676
165.T02-079  Added (temporary).......................................677
165.T05-019  Added (temporary).....................................28779
165.T05-022  Added (temporary).....................................26121
165.T05-024  Added (temporary).....................................24049
165.T05-029  Added (temporary).....................................28264
165.T05-030  Added (temporary).....................................28263
165.T05-042  Added (temporary).....................................31537
165.T05-043  Added (temporary).....................................31536
165.T05-067  Added (temporary).....................................39461
165.T05-074  Added (temporary).....................................47544
165.T05-097  Added (temporary).......................................949
    Added (temporary)..............................................63023

[[Page 789]]

165.T05-098  Added (temporary).....................................56397
165.T07-008  Added (temporary).....................................10078
165.T07-045  Added (temporary).....................................25328
165.T07-056  Added (temporary).....................................24048
165.T07-089  Added (temporary).....................................44318
165.T07-123  Added (temporary).....................................63024
165.T08-006  Added (temporary).....................................10751
165.T08-066  Added (temporary).......................................948
165.T09-015  Added (temporary).....................................32653
165.T09-027  Added (temporary).....................................44317
165.T11-095  Added (temporary).....................................50490
165.T11-096  Added (temporary).....................................50491
165.T11-097  Added (temporary).....................................50492
165.T11-098  Added (temporary).....................................50493
165.T13-006  Added (temporary).....................................31935
165.T13-007  Added (temporary).....................................31937
165.T13-008  Added (temporary).....................................31938
165.T13-009  Added (temporary).....................................31936
165.T13-010  Added (temporary).....................................33679
165.T13-012  Added (temporary).....................................32654
165.T13-013  Added (temporary).....................................33435
165.T13-014  Added (temporary).....................................33436
165.T13-015  Added (temporary).....................................33678
165.T13-017  Added (temporary).....................................38571
165.T13-019  Added (temporary).....................................40821
165.T13-020  Added (temporary).....................................40822
165.121  (a)(3) revised............................................52425
165.122  Added.....................................................18489
165.503  Implementation.............................................5954
    Regulation  at 59 FR 5954 terminated...........................23158
    Implementation.................................................63022
165.515  Added.....................................................33200
165.530  Added; interim............................................42759
165.709  Added.....................................................56396
165.721  Added.....................................................55584
165.803  Introductory text and (m)(1) introductory text revised; 
        interim....................................................21935
    Regulation at 59 FR 21935 comment period reopened..............41405
165.809  Added; interim............................................18487
    Added..........................................................36334
165.810  Redesignated from 161.402; heading revised................36324
165.811  Added.....................................................36334
165.904  Added.....................................................45227
165.1109  Revised...................................................5953
165.1110  Added; interim...........................................46174
165.1301  Revised..................................................44321
165.1303  Added....................................................36335
165.1704  Added....................................................36335
165.1706  Added; eff. 7-3-94.......................................31934
165.1707  Added; eff. 7-3-94.......................................31932
165.1708  Added; eff. 7-3-94.......................................31933
167.3  Revised.....................................................21937
167.5  (e) added...................................................21937
167.150--167.155 (Subpart B)  Heading revised......................21937
167.200  Added.....................................................21937
167.201  Added.....................................................21937
167.202  Added.....................................................21937
167.203  Added.....................................................21937
    (c)  corrected.................................................28449
168  Added.........................................................42968
168.50  (b)(2) stayed..............................................54519

                                  1995

33 CFR
                                                                   60 FR
                                                                    Page
Chapter I
126  Technical correction..........................................49509
126.05  (a) amended................................................39794
126.10  (d) removed................................................39794
126.15  (o) removed................................................39794
127  Heading revised...............................................39794
127.001  Revised...................................................39794
127.003  Revised...................................................39794
    Corrected......................................................49509
127.005  Amended...................................................39795
127.007  (c), (d)(5), (6) and (e)(2) amended.......................39795
127.009  Introductory text amended.................................39795

[[Page 790]]

127.011  Heading revised...........................................39795
127.013  (a) introductory text amended.............................39795
127.019  (b) and (c) amended.......................................39795
127.101--127.711 (Subpart B)  Heading revised......................39795
127.101  Introductory text amended.................................39795
127.103  (a) amended...............................................39796
127.105  Heading revised; (a) amended..............................39796
127.109  (a) amended...............................................39795
127.111  (a) amended...............................................39795
127.113  (a) introductory text amended.............................39796
127.201--127.207 (Subpart C)  Designation removed; transferred to 
        subpart B..................................................39795
127.203  Amended...................................................39796
127.207  (a) and (b) amended.......................................39796
127.301--127.321 (Subpart D)  Designation removed; transferred to 
        subpart B..................................................39795
127.301  (a) introductory text and (b) amended.....................39796
127.303  Amended...................................................39796
127.305  (d) and (e) amended.......................................39796
127.307  (f) amended...............................................39796
127.309  (a) amended...............................................39796
127.313  (a) introductory text amended.............................39796
127.315  (g) amended...............................................39796
127.317  (b) and (c)(1) amended....................................39796
127.319  (a) introductory text, (1) and (b)(3)(i) amended..........39796
127.321  (a) introductory text amended.............................39796
127.401--127.409 (Subpart E)  Designation removed; transferred to 
        subpart B..................................................39795
127.401  Amended...................................................39796
127.405  (a)(1) amended............................................39796
127.501--127.503 (Subpart F)  Designation removed; transferred to 
        subpart B..................................................39795
127.601--127.617 (Subpart G)  Designation removed; transferred to 
        subpart B..................................................39795
127.601  Undesignated heading removed..............................39795
127.603  Introductory text amended.................................39796
127.607  (a) amended...............................................39796
127.609  (a) amended...............................................39796
127.611  Amended...................................................39796
127.613  Undesignated heading removed..............................39795
    Amended........................................................39796
127.615  Amended...................................................39796
127.701--127.711 (Subpart H)  Designation removed; transferred to 
        subpart B..................................................39795
127.703  Heading, (a) introductory text, (1) and (b) amended.......39796
127.705  Introductory text amended.................................39796
127.711  Amended...................................................39796
127.1101--127.1605 (Subpart C)  Added..............................39796
127.1203  (a) corrected............................................49509
127.1205  (b)(4) corrected.........................................49509
127.1207  (b) corrected............................................49509
127.1301  (a)(2) corrected.........................................49509
127.1307  (b) corrected............................................49509
137  Authority citation revised....................................39851
137.601--137.603 (Subpart G)  Added................................39851
143  Authority citation revised....................................13563
143.210  (c) added.................................................13563
151.01--151.77 (Subpart A)  Authority citation revised.............43377
151.05  Amended....................................................43377
151.06  Added......................................................43377
151.13  (a), (b)(1), (2) and (3) revised; (h) added................43377
151.32  Added......................................................43378
151.47  Amended....................................................34039
151.49  (a) amended................................................34039
151.53  Revised....................................................43378
151.71  Revised....................................................43378
154.105  Amended; interim; eff. 3-31-96............................17141
155  Authority citation revised....................................43378
155.390  Regulation at 57 FR 36238 confirmed.......................13324
155.400  (b)(2) revised............................................43378
155.700  Revised; interim; eff. 3-31-96............................17141
155.710  Revised; interim; eff. 3-31-96............................17141
156  Authority citation revised....................................45017
156.110  (a) introductory text revised.............................45017
156.111  Added.....................................................45017
156.200  Revised...................................................45017

[[Page 791]]

156.205  (a) and (b) introductory text revised; (b) amended........45017
156.210  (d) added.................................................45017
156.215  (d) added.................................................45017
156.300--156.330 (Subpart C)  Added................................45017
157.01  Regulation at 57 FR 36238 confirmed........................13324
157.03  Regulation at 57 FR 36238 confirmed; (v) and (aa) revised 
                                                                   13324
157.08  Regulation at 57 FR 36239 confirmed........................13324
157.10  Regulation at 57 FR 36239 confirmed........................13324
157.10d  Regulation at 57 FR 36239 confirmed.......................13324
157.11  Regulation at 57 FR 36244 confirmed........................13324
157.24  Regulation at 57 FR 36244 confirmed........................13324
157.25  Regulation at 57 FR 36244 confirmed........................13324
157.28  Regulation at 57 FR 36244 confirmed........................13324
157  Regulation at 57 FR 35245 confirmed...........................13324
161.12  (b) table revised..........................................28329
161.35  (b) table and (c) table revised............................28331
161.40  (c) table amended..........................................28332
161.45  (b) table revised..........................................28332
161.50  Amended; (a) designation removed...........................28332
161.60  (c)(2), (3) and (d) table revised; (c)(4) removed..........28332
161.880  Stayed 12-29-94 to 4-15-95.................................4379
    Stay at 60 FR 4379 terminated...................................8942
161.881  Added (temporary)..........................................4379
    Removed.........................................................8942
162.T139  Added (temporary)........................................19354
162.117  (g) stayed; (i) added; eff. 2-9-95 through 4-15-95........10021
    (c) revised; (g) table and (2) amended.........................28333
162.134  (f) added.................................................35701
162.138  Revised...................................................35702
162.205  Heading revised; (a) removed; (b), (c) and (d) 
        redesignated as (a), (b) and (c)...........................16796
162.255  (e)(2) revised............................................63624
164.03  (b) revised................................................24771
    (b) revised....................................................51734
164.11  Heading and (t) revised; (u) added.........................24771
164.35  (o) added..................................................24771
    (o) corrected..................................................28834
164.39  Revised....................................................24771
165  Temporary regulations lists............................15049, 34151
    Temporary regulations lists.............................44428, 55456
165.T-02-014  Added (temporary)....................................32269
165.T01-014  Added (temporary).....................................20906
165.T01-023  Added (temporary).....................................20908
165.T01-026  Added (temporary).....................................24559
165.T01-031  Added (temporary).....................................34163
165.T01-035  Added (temporary).....................................18009
165.T01-037  Added (temporary).....................................20034
165.T01-055  Added (temporary).....................................26689
165.T01-062  Added (temporary).....................................33117
165.T01-063  Added (temporary).....................................32270
165.T01-064  Added (temporary).....................................40459
165.T01-072  Added (temporary).....................................34161
165.T01-073  Added (temporary).....................................33120
165.T01-082  Added (temporary).....................................33118
165.T01-096  Added (temporary).....................................42788
165.T01-129  Added (temporary).....................................45048
165.T01-137  Added (temporary).....................................45671
165.T01-138  Added (temporary).....................................47871
165.T01-147  Added (temporary).....................................49510
165.T01-156  Added (temporary).....................................54304
165.T01-162  Added (temporary).....................................57342
165-T02-001  Added (temporary)......................................8943
165.T02-002  Added (temporary)......................................7909

[[Page 792]]

165.T02-003  Added (temporary).....................................47273
165.T02-008  Added (temporary).....................................27888
165.T02-012  Added (temporary).....................................19354
165.T02-013  Added (temporary).....................................27697
165.T02-014  Added (temporary).....................................32269
165.T02-015  Added (temporary).....................................41018
165.T02-017  Added (temporary)..............................27889, 29762
165.T02-027  Added (temporary)......................................7909
165.T02-028  Added (temporary).....................................26688
165.T02-029  Added (temporary).....................................29763
165.T02-031  Added (temporary).....................................31409
165.T02-039  Added (temporary).....................................31409
165.T02-040  Added (temporary).....................................31248
165.T02-041  Added (temporary).....................................31249
165.T02-042  Added (temporary).....................................31250
165.T02-047  Added (temporary).....................................35703
165.T02-049  Added (temporary).....................................54434
165.T02-056  Added (temporary).....................................47870
165.T02-064  Added (temporary).....................................47271
165.T02-200  Added (temporary).....................................41017
165.T02-201  Added (temporary).....................................42790
165.T02-202  Added (temporary).....................................42791
165.T05-051  Added (temporary).....................................43373
165.T05-066  Added (temporary).....................................52104
165.T05-087  Added (temporary).....................................67331
165.T09-009  Added (temporary).....................................45670
165.T1103  Correctly removed; CFR correction.......................62330
165.T13-002  Added (temporary).....................................12113
    (a) and (d) corrected..........................................15053
165.T13-012  Added (temporary).....................................24558
165.T13-013  Added (temporary).....................................20909
165.T13-015  Added (temporary).....................................27407
165.T13-017  Added (temporary).....................................34165
165.T13-018  Added (temporary).....................................34158
165.T13-019  Added (temporary).....................................34167
165.T13-021  Added (temporary).....................................34159
165.T13-026  Added (temporary).....................................33122
165.T13-027  Added (temporary).....................................34164
165.T13-036  Added (temporary).....................................48895
165.T14-002  Added (temporary).....................................44430
165.T14-003  Added (temporary).....................................44430
165.T5068  Added (temporary).......................................54807
165.161  Added; eff. 7-3-95........................................32271
165.166  Added; eff. 7-3-95........................................31408
165.167  Added.....................................................42789
165.170  Added.....................................................33119
165.174  Added.....................................................57343
165.175  Added.....................................................20430
165.178  Added.....................................................20431
165.710  Removed...................................................65571
165.714  Added.....................................................45047
165.722  Added.....................................................65571
165.753  Added.....................................................58519
165.803  Regulation at 59 FR 21935 confirmed; introductory text, 
        (e)(1) and (2) revised.....................................37944
165.809  Removed...................................................28333
165.810  (a), (b) and (c) redesignated as (b), (c) and (d); new 
        (a) added..................................................28333
165.811  (e) table and (f)(4)(ii) amended..........................28333
165.905  Added.....................................................52862
165.1110  Regulation at 59 FR 46174 confirmed.......................4380
165.1114  Added....................................................16796
    (c)(1)(i), (ii)(F)(4), (7) and (e)(3)(i)(B)(2) corrected.......30157
165.1304  Added....................................................61480

[[Page 793]]

165.1305  Added....................................................61481
165.1306  Added....................................................61483
165.1307  Added....................................................61482
165.1704  (c)(4) removed; (c)(5), (6) and (7) redesignated as 
        (c)(4), (5) and (6)........................................28333
177  Authority citation revised....................................34150
177.04  Added......................................................34151
177.07  (g)(3) revised.............................................34151
187  Added; interim; eff. 4-24-96..................................20315

                                  1996

33 CFR
                                                                   61 FR
                                                                    Page
127.003  (a) and (b) amended.......................................33665
    Corrected......................................................36629
127.015  (c)(1) and (d) amended....................................33665
128  Added; interim................................................37654
    Clarification..................................................51597
130.0  Regulation at 59 FR 34227 confirmed..........................9274
131  Removed........................................................9274
131.0  Regulation at 59 FR 34227 confirmed..........................9274
132  Removed........................................................9274
132.0  Regulation at 59 FR 34227 confirmed..........................9274
137  Removed........................................................9274
137.101--137.107 (Subpart B)  Regulation at 59 FR 34227 confirmed 
                                                                    9274
137.201--137.215 (Subpart C)  Regulation at 59 FR 34227 confirmed 
                                                                    9274
137.300  Regulation at 59 FR 34227 confirmed........................9274
137.401--137.403 (Subpart D)  Regulation at 59 FR 34227 confirmed 
                                                                    9274
138  Regulation at 59 FR 34227 confirmed............................9274
138.10  (b) amended.................................................9274
138.12  (c) amended.................................................9274
138.20  (b) amended.................................................9274
138.80  (b)(2), (3)(i) introductory text, (B), (c)(1) introductory 
        text and (f)(1)(i) amended; (f)(1)(ii) revised..............9274
138.110  (a) and (c)(1) amended.....................................9275
138  Appendix B revised.............................................9276
    Appendix C revised..............................................9283
    Appendix D revised..............................................9288
    Appendix E revised..............................................9296
    Appendix F revised..............................................9303
140.7  (a) and (b) amended.........................................33665
140.15  (b) amended................................................33665
141.20  (c) amended................................................33665
144.30-5  (a) amended..............................................33665
148.211  Introductory text amended.................................33665
148.217  (a) amended...............................................33665
150.129  Regulation at 58 FR 7352 confirmed.........................7917
151.27  (b) amended................................................33665
151.28  (a), (b) and (c) amended...................................33665
151.1012  (a) amended..............................................33665
151.1021  (b)(1) and (c) amended...................................33665
153.103  (d) amended...............................................33665
154  Comment period reopened.......................................13098
154.100  Regulation at 58 FR 7352 confirmed.........................7917
    (a) revised; (d) added.........................................41457
154.105  Amended...................................................41458
154.106  Regulation at 58 FR 7352 confirmed.........................7917
    (b) amended....................................................33665
    (a) revised; (b) amended.......................................41458
    (b) corrected..................................................42462
154.107  (b) revised...............................................41458
154.108  (a) and (d) amended.......................................33666
    (a) introductory text and (d) revised..........................41458
154.110  (b)(1) revised............................................41458
    (a) introductory text and (d) revised..........................41461
154.300  (a) introductory text, (c), (e) and (f) revised...........41458
154.310  (a)(2), (7), (15), (16) and (22) revised; (a)(23) added 
                                                                   41459
154.320  (a)(1) and (d) revised....................................41459
154.325  Revised...................................................41459
154.500  (a) and (b) revised.......................................41459
154.520  Revised...................................................41459
154.530  (a) revised; (e) added....................................41460
154.540  Revised...................................................41460
154.545  (e) added.................................................41460
154.560  (e) revised...............................................41460
    (e) corrected..................................................42462
154.710  (b), (c), (d) introductory text, (7) and (8) revised; (e) 
        added......................................................41460
154.735  Introductory text, (l), (s) and (t) revised; (u) and (v) 
        added......................................................41460

[[Page 794]]

154.740  Introductory text and (b) revised; (j) added..............41461
154.800  (b) amended...............................................33666
154.802  Amended...................................................33666
154.806  (a), (b), (d) and note amended............................33666
154.822  (a)(2) and (b) amended....................................33666
154.826  (a)(3) amended............................................33666
154.828  (a)(3) amended............................................33666
154.1010--154.1075 (Subpart F)  Regulation at 58 FR 7352 
        confirmed; revised..........................................7917
154.1075  (d) amended..............................................33666
154.1110--154.1140 (Subpart G)  Regulation at 58 FR 7365 confirmed
                                                                    7917
    Revised.........................................................7930
154.1210--154.1228 (Subpart H)  Added...............................7931
154.1310--154.1325 (Subpart I)  Added...............................7932
154  Appendix C revised.............................................7933
    Appendix D revised..............................................7938
    Appendix C amended.............................................33666
    Appendix A amended.............................................33666
155  Authority citation revised.....................................1081
    Comment period reopened........................................13098
155.140  (a) and (b) amended.......................................33666
155.1010--155.1070 (Subpart D)  Revised.............................1081
155.1035  (b)(5)(i) amended........................................33666
155.1065  (a) amended..............................................33666
155.1070  (f) amended..............................................33666
155.1110--155.1150 (Subpart E)  Revised.............................1097
155.1210--155.1230 (Subpart F)  Added...............................1098
155.2210--155.2230 (Subpart G)  Added...............................1099
155  Appendix B revised.............................................1100
    Appendix C added................................................1107
    Appendix B amended.............................................33666
156.110  (a) and (d) amended.......................................33666
    (a) introductory text and (d) revised..........................41461
156.111  (a) amended...............................................33666
156.120  Introductory text, (f) and (w)(5) revised; (cc) and (dd) 
        added......................................................41461
156.150  (c)(3) and (5) revised; (c)(6) added......................41461
156.170  (c)(1)(i), (iv), (f)(1) and (2) revised; (f)(2) 
        redesignated as (f)(3); (h) added..........................41461
157  Authority citation revised....................................39788
157.01  (a)(2) revised.............................................39788
157.02  Added......................................................39788
    (b) corrected..................................................41685
157.03  Revised....................................................33666
    Corrected......................................................36786
    Amended........................................................39788
157.04  (b) and (d)(5) amended.....................................33668
157.06  (c) amended................................................33667
    (d) amended....................................................33668
157.24a  (b)(1) and (c)(1) amended.................................33668
157.102  Introductory text amended.................................33668
157.110  Introductory text amended.................................33668
157.144  (a) amended...............................................33668
157.147  (a) amended...............................................33668
157.202  Introductory text amended.................................33668
157.208  Introductory text amended.................................33668
157.302  (a) amended...............................................33668
157.306  (a) amended...............................................33668
    (c) amended....................................................33668
157.400--157.410 (Subpart G)  Heading revised......................39788
157.400  Revised...................................................39788
157.410  (c) revised...............................................39789
157.415  Added.....................................................39789
    OMB number.....................................................64618
157.420  Added.....................................................39789
    OMB number.....................................................64618
157.430  Added.....................................................39789
    OMB number.....................................................64618
157.435  Added.....................................................39789
    (a) corrected..................................................41685
    OMB number.....................................................64618
157.440  Added.....................................................39790
157.445  Added; eff. 7-29-97.......................................39790
    (a) corrected..................................................41685
    OMB number.....................................................64618
157.450  Added.....................................................39790
    OMB number.....................................................64618
157.455  Added.....................................................39790
    (a)(4) corrected...............................................41685
    (a)(5) and (6) stayed..........................................60189
    OMB number.....................................................64618
157.460  Added; eff. in part 7-29-97...............................39790
    (b) corrected..................................................41685
157.500--157.510 (Subpart H)  Added................................39791
157.600--157.610 (Subpart I)  Added................................39791

[[Page 795]]

158.140  (a)(2) revised............................................33668
    (a)(2) corrected...............................................36629
158.160  (c) introductory text amended.............................33668
158.190  (c)(1) and (d) amended....................................33668
159.3  Revised.....................................................33668
159.12  (c) amended................................................33668
159.15  (a) and (c) amended........................................33668
159.17  (a) and (c) amended........................................33668
159.19  (a) amended................................................33668
159.201  (a) amended...............................................33668
159.205  (j) and (k) amended.......................................33668
160  Authority citation revised....................................50234
160.7  (c) amended.................................................33668
160.113  (d) amended...............................................33668
160.201  (c) introductory text amended.............................33668
    (b), (c) introductory text, (1), (3)(i), (ii) and (iii) 
revised; (c)(3)(iv) through (x) added..............................50234
160.203  Amended...................................................50234
160.207  (c)(1) through (5) revised; (c)(6) through (11) added.....50234
160.211  (a) introductory text and (1) through (8) revised; (a)(9) 
        through (16) added.........................................50234
    (b) amended....................................................50235
160.213  (a) introductory text and (1) through (7) revised; (a)(8) 
        through (15) added; (b) amended............................50235
161.12  (b) table revised..........................................45326
161.25  Revised....................................................45327
164  Authority citation revised....................................35072
164.01  (b) added..................................................35072
164.03  (a) amended................................................33669
    (b) revised....................................................35072
164.41  (a)(3) amended.............................................33669
164.70  Added......................................................35072
164.72  Added......................................................35073
164.74  Added......................................................35074
164.76  Added......................................................35076
164.78  Added......................................................35076
164.80  Added......................................................35076
164.82  Added......................................................35076
165  Temporary regulations lists.............................7071, 19192
    Temporary regulations lists.............................39325, 49678
165.T01-005  Removed...............................................33669
165.T01-013  Added (temporary).....................................24700
165.T01-020  Added (temporary).....................................24702
165.T01-021  Added (temporary).....................................24698
165.T01-023  Added (temporary).....................................28056
165.T01-026  Added (temporary).....................................21964
165.T01-028  Added (temporary).....................................24699
165.T01-033  Added (temporary).....................................26106
165.T01-041  Added (temporary).....................................35131
165.T01-047  Added (temporary).....................................33673
165.T01-051  Added (temporary).....................................33672
165.T01-068  Added (temporary).....................................40516
165.T01-072  Added (temporary).....................................45892
165.T01-100  Added (temporary).....................................45893
165.T01-109  Added (temporary).....................................47054
165.T02-008  Added.................................................29022
165.T02-071  Added (temporary)......................................2418
165.T02-076  Added (temporary)......................................7414
165.T02-077  Added (temporary)......................................7413
165.T02-078  Added (temporary).....................................13100
165.T05-004  Added (temporary)......................................2418
165.T05.007  Added (temporary)......................................8220
165.T05-008  Added (temporary).....................................17250
165.T05-015  Added (temporary).....................................16715
165.T05-038  Added (temporary).....................................29656
165.T05-030  Added (temporary).....................................26841
165.T05-045  Added (temporary).....................................35132
165.T06-072  Added (temporary).....................................67949
165.T07-009  Added (temporary)......................................8219
165.T07-013  Added (temporary)......................................9350
165.T07-052  Added (temporary).....................................50437

[[Page 796]]

165.T07-062  Added (temporary).....................................18956
165.T08-066  Added (temporary).....................................59027
165.T07-073  Added (temporary).......................................545
165.T07-077  Added (temporary).....................................18957
165.T07-078  Added (temporary).....................................18958
165.T0706  Removed.................................................29022
165.T09-002  Added (temporary).....................................29021
165.T1-3009  Added (temporary).....................................40995
165.T11-030  Added (temporary).....................................37213
165.T11-057  Added (temporary).....................................19842
165.T11-058  Added (temporary).....................................24893
165.T11-074  Added (temporary).....................................29656
165.T96-073  Added (temporary).....................................68157
165.T5012  Added (temporary).......................................16717
165.T5016  Added...................................................16716
165.141  Added.....................................................60032
165.202  Redesignated as 165.815...................................33669
165.203  Redesignated as 165.817...................................33669
165.204  Redesignated as 165.819...................................33669
165.205  Added......................................................2417
165.503  Implementation (temporary).................................3316
165.702  Removed...................................................33669
165.708  Added.....................................................68156
165.815  Redesignated from 165.202.................................33669
165.817  Redesignated from 165.203.................................33669
165.819  Redesignated from 165.204.................................33669
165.903  (a) introductory text revised; (a)(1) through (10) 
        redesignated as (a)(2) through (11); new (a)(1) added......37685
165.1101  Added....................................................60029
165.1112  Removed..................................................33669
165.1304  (a) revised..............................................47824
165.1308  Added....................................................18949
165.1402  (a) and (b)(4) amended...................................33669
165.1406  (a) amended..............................................33669
174.3  Amended.....................................................33669
174.7  Amended.....................................................33669
174.125  Amended...................................................33669
175.21  (a) revised................................................13926
175.23  Added......................................................13926
179  Authority citation revised....................................13926
179.01  Revised....................................................13926
179.03  Revised....................................................13926
179.05  Revised....................................................13926
179.07  Revised....................................................13926
179.09  Introductory text revised..................................13926
179.11  Revised....................................................13926
179.13  (a) introductory text, (1) and (2) revised.................13926
179.17  Revised....................................................13926
179.19  Revised....................................................13927
    (b) corrected..................................................36629
    Amended........................................................33669
181  Authority citation revised....................................13927
181.3  Revised.....................................................33669
    Corrected......................................................36786
181.4  (b) revised.................................................13927
    (a) amended....................................................33669
181.31  (a) and (b) amended........................................33669
181.33  (b) amended................................................33669
181.702  Revised...................................................13927
181.703  Revised...................................................13927
181.704  Added.....................................................13927
181.705  Added.....................................................13927
183.3  Amended.....................................................33669
    Corrected......................................................36629
183.5  (a) and (b) amended.........................................33670
183.110  Amended...................................................33670
183.402  Amended...................................................33670
187.7  (a) amended.................................................33670
187.9  (b) amended.................................................33670
187.301--187.331 (Subpart D)  Suspended; eff. 2-23-96 through 4-
        23-98.......................................................6943

                                  1997

   (Regulations published from January 1, 1997, through July 1, 1997)

33 CFR
                                                                   62 FR
                                                                    Page
127.005  Amended...................................................33363
127.015  (c)(1) and (d) amended....................................33363
127.1605  Introductory text amended................................33363
127  Table 1 redesignated as Table 127.005.........................33363

[[Page 797]]

130  Authority citation revised....................................16703
    Technical correction...........................................28760
130.14  Revised....................................................16703
    Correctly revised..............................................31340
136  Authority citation revised....................................16703
    Technical correction...........................................28760
    Authority citation correctly revised...........................31340
136.9  Amended.....................................................16703
138  Authority citation revised....................................16703
    Technical correction...........................................28760
138.140  (a) revised; (b) amended..................................16703
140  Authority citation revised....................................16703
    Authority citation corrected...................................28760
140.35  (a)(3) amended.............................................16703
141.5  (b)(1) and (2) amended......................................33363
    (d) correctly revised..........................................35392
144.01-15  (d) revised, note removed...............................35392
147  Authority citation revised....................................33363
148.211  Introductory text amended.................................33363
148.217  (a) amended...............................................33363
148.701--148.703 (Subpart G)  Added................................33363
151  Authority citation revised....................................18045
    Technical correction...........................................28760
151.01--151.77 (Subpart A)  Authority citation revised......16703, 34182
    Heading revised; eff. 9-30-97..................................18045
    Corrected......................................................31340
151.01  Amended; eff. 9-30-97......................................18045
151.03  Amended; eff. 9-30-97......................................18045
151.04  (a) and (b) amended........................................16703
151.05  Amended; eff. 9-30-97......................................18045
151.09  (e) revised; eff. 9-30-97..................................18045
151.26  (b)(1)(i) introductory text and (5) revised; 
        (b)(3)(iii)(C) added; eff. 9-30-97.........................18045
151.51--151.77  Undesignated center heading revised; eff. 9-30-97 
                                                                   18045
151.59  (d)(6) and (e)(2)(ii) revised..............................16703
    (d)(6) and (e)(2)(ii) corrected................................31340
151.79  Added; eff. 9-30-97........................................18045
151.1021  (b)(1) and (c) amended...................................33363
153  Technical correction..........................................28760
153.103  (d) amended...............................................33363
153.205  Revised...................................................33364
153.307  Revised...................................................16703
153  Tables 1 and 2 amended........................................33364
154.105  Corrected..................................................3610
    Amended........................................................25125
154.108  (a) and (d) amended.......................................33364
155.350  (a)(2) amended............................................33364
155.700  Revised...................................................25126
155.710  (a)(1), (2), (b), (c)(2), (3), (4) introductory text, 
        (ii), (iii), (5), (d)(1), (2), (3) introductory text, 
        (ii), (iii), (4), (e) introductory text, (1), (2), (3), 
        (f) and (g) revised; (a)(3) added..........................25126
155.720  Introductory text revised.................................25127
155.1065  (h) amended..............................................33364
155.1070  (f) introductory text amended............................33364
155  Appendix B corrected; CFR correction..........................16492
156.110  (a) and (d) amended.......................................33364
156.120  (w) introductory text and (12) revised; (w)(13) added.....25127
157  Comment period extension.......................................3463
    Technical correction............................................3943
157.06  (c) and (d) amended........................................33364
157.07  Amended....................................................33364
157.08  (n)(2) amended; (n)(4), (5) and (6) added..................33364
157.306  (a) amended...............................................33364
157.400--157.410 (Subpart G)  Heading revised.......................1637
157.500--157.510 (Subpart H)  Heading revised.......................1637
157.600--157.610 (Subpart I)  Heading revised.......................1637
158.190  (c)(1) and (d) amended....................................33364
160.7  (c) amended.................................................33364
161.2  Amended.....................................................33364
161.23  (c) amended................................................33364
162.117  (g)(3) added; eff. 3-13-97 through 4-15-97................14636
163  Authority citation revised....................................33365
164.41  (a)(3) amended.............................................33365
164.43  Heading and (a) amended....................................33365
165  Temporary regulations lists.............................8378, 32199
    Effective date confirmation....................................35392
165.T01-026  Added (temporary).....................................28806

[[Page 798]]

165.T01-040  Added (temporary).....................................35395
165.T01-041  Added (temporary).....................................35404
165.T01-042  Added (temporary).....................................35403
165.T05-032  Added (temporary).....................................29015
165.T05-040  Added (temporary).....................................31341
165.T05-97-010  Added (temporary)..................................27500
165.T05-97-011  Added (temporary)..................................20103
165.T07-009  Added (temporary).....................................14637
165.T07-013  Revised (temporary)...................................26391
165.T07-022  Added (temporary).....................................24340
165.T08-001  Added (temporary).....................................14638
    Revised (temporary)............................................15400
    (b)(8) and (c) revised; (b)(9) through (15) added (temporary) 
                                                                   16082
    (b)(1), (6) through (14) and (c) revised (temporary)...........17705
    (b)(1) through (4) and (c) revised; (b)(5) through (15) 
removed (temporary)................................................23360
    (c) revised (temporary)........................................35099
165.T08-009  Added (temporary).....................................16080
165.T08-030  Added (temporary).....................................30760
165.T09-001  Added (temporary).....................................26392
165.T11-001  Added (temporary).....................................20104
165.T11-057  Added (temporary).....................................28805
165.T96-073  Removed...............................................35406
165.T96-077  Added (temporary)......................................5527
165.T08036  Added (temporary)......................................35401
165.T08037  Added (temporary)......................................35401
165.T08038  Added (temporary)......................................35402
165.T13006  Added (temporary)......................................35394
165.T13007  Added (temporary)......................................35396
165.T13008  Added (temporary)......................................35400
165.T13009  Added (temporary)......................................35397
165.T13010  Added (temporary)......................................35399
165.205  Undesignated center heading removed; section redesignated 
        as 165.821.................................................33365
165.503  Implementation (temporary).................................5157
165.711  Added; eff. 7-14-97.......................................32201
165.821  Redesignated from 165.205.................................33365
165.1303  (b)(2) revised; (c) added; eff. 7-30-97..................23660
165.1704  Amended..................................................33365
167.154  (a) revised...............................................33365
174.3  Amended.....................................................33365
174.5  Revised.....................................................33365
175.17  (g) removed................................................33365
177  Authority citation revised....................................16703
    Technical correction...........................................28760
177.09  Revised....................................................16703
187.201  (c) amended...............................................33365