[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
33
Parts 125 to 199
Revised as of July 1, 2008
Navigation and Navigable Waters
________________________
Containing a codification of documents of generalapplicability
and future effect
As of July 1, 2008
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 33:
Chapter I--Coast Guard, Department of Homeland
Security(Continued) 3
Finding Aids:
Material Approved for Incorporation by Reference........ 957
Table of CFR Titles and Chapters........................ 965
Alphabetical List of Agencies Appearing in the CFR...... 985
List of CFR Sections Affected........................... 995
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and sectionnumber.
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 thegeneral and
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Each volume of the Code is revised at least once each calendaryear
and issued on a quarterly basis approximately as follows:
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agencies to display an OMBcontrol number with their information
collection request.
[[Page vi]]
Manyagencies have begun publishing numerous OMB control numbers
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[[Page vii]]
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Director,
Office of the Federal Register.
July 1, 2008.
[[Page ix]]
THIS TITLE
Title 33--Navigation and Navigable Waters is composedof three
volumes. The contents of these volumes represent all currentregulations
codified under this title of the CFR as of July 1, 2008.The first and
second volumes, parts 1-124 and 125-199,contain current regulations of
the Coast Guard, Department of HomelandSecurity. The third volume, part
200 to End, contains currentregulations of the Corps of Engineers,
Department of the Army, and theSaint Lawrence Seaway Development
Corporation, Department ofTransportation.
In volumes one and two, subject indexes follow the subchaptersin
chapter I.
For this volume, Cheryl E. Sirofchuck was Chief Editor. TheCode of
Federal Regulations publication program is under the directionof Michael
L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
(This book contains parts 125 to 199)
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Part
chapter i--Coast Guard, Department of HomelandSecurity
(Continued)............................................... 125
Abbreviations Used in This Chapter:
BMC =Chief Boatswains Mate. CGFR = Coast Guard Federal
Registerdocument number. CG = Coast Guard. EM = Electrician'sMate. LS
= Lightship. NC = Flag hoist meaning, ``Iam in distress and require
immediate assistance.'' NCG =Call letters for any Coast Guard Shore
Radio Station. OAN =Aids to Navigation Division. PTP = Training
andProcurement. U.S.C.G. = United States Coast Guard.
[[Page 3]]
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY(CONTINUED)
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SUBCHAPTER L--WATERFRONT FACILITIES
Part Page
125 Identification credentials for persons
requiring access towaterfront facilities
or vessels.............................. 7
126 Handling of dangerous cargo at waterfront
facilities.............................. 16
127 Waterfront facilities handling liquefied
natural gas and liquefiedhazardous gas.. 24
128 Security of passenger terminals............. 48
Index to Subchapter L....................... 53
SUBCHAPTER M--MARINE POLLUTION FINANCIAL RESPONSIBILITY ANDCOMPENSATION
133 Oil spill liability trust fund; State access 58
135 Offshore oil pollution compensation fund.... 60
136 Oil spill liability trust fund; claims
procedures; designation ofsource; and
advertisement........................... 68
137 Oil spill liability: Standards for
conducting all appropriateinquiries
under the innocent land-owner defense... 78
138 Financial responsibility for water pollution
(vessels)............................... 87
Index to Subchapter M....................... 139
SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES
140 General..................................... 142
141 Personnel................................... 149
142 Workplace safety and health................. 152
143 Design and equipment........................ 155
144 Lifesaving appliances....................... 159
145 Fire-fighting equipment..................... 162
146 Operations.................................. 164
147 Safety zones................................ 171
[[Page 4]]
Index to Subchapter N....................... 179
SUBCHAPTER NN--DEEPWATER PORTS
148 Deepwater ports: General.................... 186
149 Deepwater ports: Design, construction, and
equipment............................... 214
150 Deepwater ports: Operations................. 235
Index to Subchapter NN...................... 263
SUBCHAPTER O--POLLUTION
151 Vessels carrying oil, noxious liquid
substances, garbage,municipal or
commercial waste, and ballast water..... 268
153 Control of pollution by oil and hazardous
substances, dischargeremoval............ 315
154 Facilities transferring oil or hazardous
material in bulk........................ 322
155 Oil or hazardous material pollution
prevention regulations forvessels....... 397
156 Oil and hazardous material transfer
operations.............................. 464
157 Rules for the protection of the marine
environment relating totank vessels
carrying oil in bulk.................... 476
158 Reception facilities for oil, noxious liquid
substances, andgarbage.................. 538
159 Marine sanitation devices................... 549
Index to Subchapter O....................... 569
SUBCHAPTER P--PORTS AND WATERWAYS SAFETY
160 Ports and waterways safety--general......... 581
161 Vessel traffic management................... 591
162 Inland waterways navigation regulations..... 605
163 Towing of barges............................ 628
164 Navigation safety regulations............... 629
165 Regulated navigation areas and limited
access areas............................ 652
166 Shipping safety fairways.................... 836
167 Offshore traffic separation schemes......... 848
168 Escort requirements for certain tankers..... 858
169 Ship reporting systems...................... 861
Index to Subchapter P....................... 867
SUBCHAPTERS Q-R [RESERVED]
SUBCHAPTER S--BOATING SAFETY
173 Vessel numbering and casualty and accident
reporting............................... 877
[[Page 5]]
174 State numbering and casualty reporting
systems................................. 883
175 Equipment requirements...................... 887
177 Correction of especially hazardous
conditions.............................. 893
179 Defect notification......................... 897
181 Manufacturer requirements................... 899
183 Boats and associated equipment.............. 904
184-186
[Reserved]
187 Vessel identification system................ 938
188-199
[Reserved]
Index to Subchapter S....................... 947
[[Page 7]]
SUBCHAPTER L_WATERFRONT FACILITIES
PART 125_IDENTIFICATION CREDENTIALS FORPERSONS 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 SecurityCards.
125.13 Captain of the Port Identification Cards.
125.15 Access to waterfront facilities, and port and harborareas,
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 vesselsoperating on
navigable waters of the United States (including theGreat
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, and 70105;
50 U.S.C. 191, E.O. 10173, E.O.10277, E.O. 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 CoastGuard
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 CoastGuard,
under the command of a District Commander, so designated by
theCommandant for the purpose of giving immediate direction to
CoastGuard law enforcement activities within the general proximity of
theport in which he is situated.
Sec. 125.06 Western rivers.
The term western rivers as used in the regulations in thissubchapter
shall include only the Red River of the North, theMississippi River and
its tributaries above the Huey P. Long Bridge,and that part of the
Atchafalaya River above its junction with thePlaquemine-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 whichvessels may be
secured, buildings on such structures or contiguous tothem, and
equipment and materials on such structures or in suchbuildings.
Sec. 125.08 Great Lakes.
The term Great Lakes as used in the regulations in thissubchapter
shall include the Great Lakes and their connecting andtributary waters.
[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]
Sec. 125.09 Identification credentials.
The term Identification credentials as used in thissubchapter, 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 enforcementand
intelligence agencies to their officers and employees (e. g.,Department
of the Treasury, Department of Justice, FederalCommunications
Commission).
(e) Identification credentials issued to public safety officials(e.
g., police, firemen) when acting within the scope of theiremployment.
(f) Transportation Worker Identification Credential.
(g) Such other identification as may be approved by the
Commandantfrom time to time.
[CGD 56-15, 21 FR 2940, May 3, 1956, as amended by CGD77-228, 43 FR
53427, Nov. 16, 1978; CoastGuard-2006-24196, 72 FR 3587, Jan. 25, 2007]
Sec. 125.11 Form of Coast Guard Port Security Card.
The Coast Guard Port Security Card issued by the Coast Guard
underthe provisions of this subchapter shall be a laminated card
bearingphotograph, signature, fingerprint, and personal description of
theholder, 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) shallbe valid
for a period of eight years from the date of issuance thereofunless
sooner suspended or revoked by proper authority. On the firstday after
eight years from the date of issuance, the Coast Guard PortSecurity Card
(Form CG-2514) is hereby declared invalid andshall be considered null
and void for all purposes.
(b) The holder of a Coast Guard Port Security Card, which is aboutto
expire or has expired, may apply for a new Coast Guard PortSecurity Card
in accordance with the procedures set forth inSec. 125.21. In the event
the applicant's Coast Guard PortSecurity Card has expired, such card
shall accompany the applicationfor a new Coast Guard Port Security Card.
In the event the applicantis holding a valid Coast Guard Port Security
Card at the time hesubmits his application for a new card, such person
shall surrenderthe old or expired Coast Guard Port Security Card at the
time he isissued a new Coast Guard Port Security Card. In the event the
oldCoast Guard Port Security Card was lost, stolen, or destroyed,
thenthe applicant shall comply with the provisions inSec. 125.51,
regarding the replacement of a lost Coast GuardPort Security Card and
the new card issued as a replacement for a lostcard which has expired or
is about to expire shall bear a currentissuance 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
formdesignation ``Form CG 2514'' prior to the revision ofAugust 1950
were declared invalid by a notice published in theFederal Register on
September 11, 1946 (11 FR 10103), whichdeclaration 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
thePort of certain ports to prevent access of persons who do not
possessone or more of the identification credentials listed inSec.
125.09 to those waterfront facilities, and port andharbor areas,
including vessels and harbor craft therein, where thefollowing 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
otherdangerous cargo.
(4) Those essential to the interests of national security
anddefense, to prevent loss, damage or injury, or to insure
theobservance of rights and obligations of the United States.
(b) No person who does not possess one of the
identificationcredentials aforesaid shall enter or remain in such
facilities, orport or harbor areas, including vessels and harbor craft
therein.
(c) The Captain of the Port shall give local public notice of
therestriction of
[[Page 9]]
access to waterfront facilities, and port and harborareas, including
vessels and harbor craft therein, as far in advanceas practicable, and
shall cause such facilities and areas to besuitably marked as to such
restriction.
[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended byCGFR 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
PortSecurity Cards:
(1) Persons regularly employed on vessels or on
waterfrontfacilities.
(2) Persons having regular public or private business connectedwith
the operation, maintenance, or administration of vessels, theircargoes,
or waterfront facilities.
(b) A holder of a Merchant Mariner's Document shall not be issueda
Port Security Card, unless his Merchant Mariner's Document issurrendered
to the Coast Guard. In this connection, seeSec. 125.09.
[CGFR 62-39, 27 FR 11259, Nov. 15, 1962, as amended byCGD 77-228, 43 FR
53427, Nov. 16, 1978]
Sec. 125.19 Standards.
Information concerning an applicant for a Coast Guard PortSecurity
Card, or a holder of such card, which may preclude adetermination that
his character and habits of life are such as towarrant the belief that
his presence on waterfront facilities, andport and harbor areas,
including vessels and harbor craft therein,would not be inimical to the
security of the United States, shallrelate to the following:
(a) Advocacy of the overthrow or alteration of the Government ofthe
United States by unconstitutional means.
(b) Commission of, or attempts or preparations to commit, an actof
espionage, sabotage, sedition or treason, or conspiring with, oraiding
or abetting another to commit such an act.
(c) Performing, or attempting to perform, duties or otherwiseacting
so as to serve the interests of another government to thedetriment of
the United States.
(d) Deliberate unauthorized disclosure of classified
defenseinformation.
(e) [Reserved]
(f) Having been adjudged insane, having been legally committed toan
insane asylum, or treated for serious mental or neurologicaldisorder,
without evidence of cure.
(g) Having been convicted of any of the following
offenses,indicative of a criminal tendency potentially dangerous to
thesecurity of such waterfront facilities and port and harbor
areas,including vessels and harbor craft therein; arson,
unlawfultrafficking in drugs, espionage, sabotage, or treason.
(h) Drunkenness on the job or addiction to the use of narcoticdrugs,
without adequate evidence of rehabilitation.
(i) Illegal presence in the United States, its territories
orpossessions; having been found finally subject to deportation order
bythe United States Immigration and Naturalization Service.
[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by 37FR 23422, Nov. 3,
1972]
Sec. 125.21 Applications.
(a)(1) Application for a Coast Guard Port Security Card shall bemade
under oath in writing and shall include applicant's answers infull to
inquiries with respect to such matters as are deemed by theCommandant to
be pertinent to the standards set forth inSec. 125.19, and to be
necessary for a determination whetherthe character and habits of life of
the applicant are such as towarrant the belief that his presence on
waterfront facilities, andport 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
completeidentification, citizenship record, personal description,
militaryrecord, if any, and a statement of the applicant's sponsor
certifyingthe applicant's employment or union membership and that
applicant'sstatements are true and correct to the best of sponsor's
knowledge.
(3) The application shall be accompanied by two unmounted,
dullfinish photographs, 1 inchx1\15/16\ inches, of passport type,taken
within one year of
[[Page 10]]
the date of application. The photographshall show the full face with the
head uncovered and shall be a clearand satisfactory likeness of the
applicant. It shall portray thelargest image of the head and upper
shoulders possible within thedimensions specified.
(4) Fingerprint records on each applicant shall be taken by theCoast
Guard at the time application is submitted.
(5) The applicant shall present satisfactory proof of
hiscitizenship.
(6) The applicant shall indicate the address to which his CoastGuard
Port Security Card can be delivered to him by mail. Underspecial
circumstances the applicant may arrange to call in person forthe Coast
Guard Port Security Card.
(7) The applicant shall present his application, in person, to
aCoast Guard Port Security Unit designated to receive suchapplications.
Such units will be located in or near each port whereCoast Guard Port
Security Cards are required. Each Captain of the Portshall forward
promptly to the Commandant each application for a CoastGuard Port
Security Card received by him.
(b) If an applicant fails or refuses to furnish the
requiredinformation or to make full and complete answer with respect to
allmatters of inquiry, the Commandant shall hold in abeyance
furtherconsideration of the application, and shall notify the applicant
thatfurther action will not be taken unless and until the
applicantfurnishes the required information and fully and completely
answersall 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 inthis
section in the order of its desirability; however, the CoastGuard 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
allpersons claiming citizenship through naturalization.
(c) Baptismal certificate or parish record recorded within oneyear
after birth.
(d) Statement of a practicing physician certifying that heattended
the birth and that he has a record in his possession showingthe 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
ofhaving been commissioned in one of the armed forces subsequent
toJanuary 1, 1936, provided such commission or evidence shows the
holderto be a citizen.
(g) A continuous discharge book, or Merchant Mariner's
Documentissued by the Coast Guard which shows the holder to be a citizen
ofthe United States.
(h) If an applicant claiming to be a citizen of the United
Statessubmits a delayed certificate of birth issued under a State's
seal, itmay be accepted as prima facie evidence of citizenship if no one
ofthe requirements in paragraphs (a) through (g) of this section can
bemet by the applicant and in the absence of any collateral
factsindicating fraud in its procurement.
(i) If no one of the requirements in paragraphs (a) through (h)
ofthis section can be met by the applicant, he should make a statementto
that effect, and in an attempt to establish citizenship, he maysubmit
for consideration data of the following character:
(1) Report of the Census Bureau showing the earliest record of ageor
birth available. Request for such information should be addressedto the
Director of the Census, Suitland, Md. 20233. In making suchrequest,
definite information must be furnished the Census Bureau asto the place
of residence when the first census was taken after thebirth of the
applicant, giving the name of the street and the numberof the house, or
other identification of place where living, etc.;also names of parents
or the names of other persons with whom residingon 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 anddocuments
[[Page 11]]
which indicated the country of which the applicant is acitizen shall be
accepted as evidence of citizenship in a foreignnation.
Sec. 125.27 Sponsorship of applicant.
Applications for a Coast Guard Port Security Card shall not
beaccepted unless sponsored. The applicant shall be sponsored by
anauthorized official of applicant's employer or by an
authorizedofficial of applicant's labor union. Each company and each
labor unionconcerned shall file with the appropriate Captain of the Port
a listof officials of the company or union who are authorized to
sponsorapplicants. Other sponsorship may be accepted where the
circumstanceswarrant.
Sec. 125.29 Insufficient information.
(a)(1) If, in the judgment of the Commandant, an application doesnot
contain sufficient information to enable him to satisfy himselfthat the
character and habits of life of the applicant are such towarrant the
belief that his presence on waterfront facilities, andport and harbor
areas, including vessels and harbor craft herein,would not be inimical
to the security of the United States, theCommandant may require the
applicant to furnish, under oath in writingor orally, such further
information as he deems pertinent to thestandards set forth in Sec.
125.19 and necessary to enablehim to make such a determination.
(2) If an applicant fails or refuses to furnish such
additionalinformation, the Commandant shall hold in abeyance
furtherconsideration of the application, and shall notify the applicant
thatfurther action will not be taken unless and until the
applicantfurnishes such information.
(b) Upon receipt, the application and such further information asthe
Commandant may have required shall be referred, except in thoseinstances
where action on an application is held in abeyance pursuantto Sec.
125.21(b) or to paragraph (a)(2) of this section, toa committee composed
of a representative of the Legal Division, of theMerchant Vessel
Personnel Division and of the Intelligence Division,Coast Guard
Headquarters. The committee shall prepare an analysis ofthe available
information and shall make recommendations for action bythe 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 habitsof
life of the applicant are not such as to warrant the belief thathis
presence on waterfront facilities, and port and harbor areas,including
vessels and harbor craft therein, would be inimical to thesecurity of
the United States, he will direct that a Coast Guard PortSecurity Card
be issued to the applicant.
(b) If the Commandant is not satisfied that the character andhabits
of life of the applicant are such as to warrant the belief thathis
presence on waterfront facilities, and port and harbor areas,including
vessels and harbor craft therein, would not be inimical tothe security
of the United States, he will notify the applicant inwriting 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 characterand
habits of life of a holder of a Coast Guard Port Security Card aresuch
as to warrant the belief that his presence on waterfrontfacilities and
port and harbor areas, including vessels and harborcraft therein, would
not be inimical to the security of the UnitedStates, he will request the
holder to furnish, under oath in writing,such information as he deems
pertinent and necessary for adetermination on this issue.
(b) If the holder fails or refuses to furnish such informationwithin
thirty (30) days after receipt of the Commandant's request,
theCommandant may issue the written notice provided for inSec.
125.35(a).
(c) The holder's failure or refusal to furnish such informationshall
preclude a determination that the holder's character and habitsof life
are such as to warrant the belief that his presence onwaterfront
facilities, and port and harbor areas, including vesselsand harbor craft
therein, would not be inimical to the security of theUnited States.
[[Page 12]]
(d) Upon receipt of such information as the Commandant mayhave
required, the procedure prescribed in Sec. 125.29(b)shall be followed.
(e) If the Commandant is satisfied that the character and habitsof
life of the holder are such as to warrant the belief that hispresence on
waterfront facilities, and port and harbor areas,including vessels and
harbor craft therein, would not be inimical tothe security of the United
States, he shall notify the holderaccordingly.
(f) If the Commandant is not satisfied that the character andhabits
of life of the holder are such as to warrant the belief thathis presence
on waterfront facilities, and port and harbor areas,including vessels
and harbor craft therein, would not be inimical tothe security of the
United States, he shall notify the holder inwriting 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 Sec. Sec. 125.31 and125.33 shall
contain a statement of the reasons why the Commandant isnot satisfied
that the character and habits of life of the applicantor holder are such
as to warrant the belief that his presence onwaterfront facilities, and
port and harbor areas, including vesselsand harbor craft therein, would
not be inimical to the security of theUnited States. Such notice shall
be as specific and detailed as theinterests of national security shall
permit and shall includepertinent information such as names, dates, and
places in such detailas to permit reasonable answer.
(b) The applicant or holder shall have 20 days from the date
ofreceipt of the notice of reasons to file written answer thereto.
Suchanswer may include statements or affidavits by third parties or
suchother documents or evidence as the applicant or holder deems
pertinentto the matters in question.
(c) Upon receipt of such answer the procedure prescribed inSec.
125.29(b) shall be followed.
(d) If the Commandant is satisfied that the character and habitsof
life of the applicant or holder are such as to warrant the beliefthat
his presence on waterfront facilities, and port and harbor
areas,including vessels and harbor craft therein, would not be inimical
tothe security of the United States, he shall, in the case of
anapplicant, direct that a Coast Guard Port Security Card be issued
tothe applicant, or, in the case of a holder, notify him accordingly.
(e) If the Commandant is not satisfied that the applicant's
orholder's character and habits of life are such as to warrant thebelief
that his presence on waterfront facilities, and port and harborareas,
including vessels and harbor craft therein, would not beinimical to the
security of the United States, the Commandant shallrefer the matter to a
Hearing Board for hearing and recommendation inaccordance with the
provisions of this part.
Sec. 125.37 Hearing Boards.
The Commandant may establish a Hearing Board in each Coast
GuardDistrict. The Commandant shall designate for each Hearing Board
aChairman, who shall be, so far as practicable, an officer of the
CoastGuard. The Commandant shall designate, so far as practicable, a
secondmember from a panel of persons representing labor named by
theSecretary of Labor, and a third member from a panel of
personsrepresenting management named by the Secretary of Labor.
Sec. 125.39 Notice by Hearing Board.
Whenever the Commandant refers a matter to a Hearing Board,
theChairman shall:
(a) Fix the time and place of the hearing;
(b) Inform the applicant or holder of the names of the members ofthe
Hearing Board, their occupations, and the businesses ororganizations
with which they are affiliated, of his privilege ofchallenge, and of the
time and place of the hearing;
(c) Inform the applicant or holder of his privilege to appearbefore
the Hearing Board in person or by counsel or representative ofhis
choice, and to present testimonial and documentary evidence in
hisbehalf, and to cross-examine any witnesses appearing before the
Board;and
(d) Inform the applicant or holder that if within 10 days
afterreceipt of
[[Page 13]]
the notice he does not request an opportunity to appearbefore the
Hearing Board, either in person or by counsel orrepresentative, the
Hearing Board will proceed without further noticeto him.
Sec. 125.41 Challenges.
Within five days after receipt of the notice described inSec.
125.39 the applicant or holder may requestdisqualification of any member
of the Hearing Board on the grounds ofpersonal bias or other cause. The
request shall be accompanied by anaffidavit setting forth in detail the
facts alleged to constitutegrounds for disqualification. The affidavit
may be supplemented by anoral presentation if desired. If after due
consideration the Chairmanbelieves a challenged member is qualified
notwithstanding thechallenge, he shall notify the person who made the
challenge andarrange to proceed with the hearing. If the person who made
thechallenge takes exception to the ruling of the Chairman, the
exceptionand data relating to the claim of disqualification shall be
made amatter of record. If the Chairman finds that there is
reasonableground for disqualification he shall furnish the person who
made thechallenge with the name of an alternate in lieu of the
challengedmember and arrange to proceed with the hearing. In the event
theChairman is challenged, he shall forthwith notify the
Commandant,furnishing the grounds for the claim of disqualification, and
theCommandant shall act upon the challenge in accordance with
theforegoing procedure. In addition to the right to challenge for
cause,a person who has requested a hearing shall have two
peremptorychallenges, one challenge for the management member and one
challengefor the labor member of the Hearing Board. Should the
managementmember be so challenged, the person who made the challenge may
electto have the management member replaced by another management member
orby a member not representing either management or labor; if the
memberperemptorily challenged represents labor, the person who made
thechallenge may elect to have the labor member replaced by another
labormember 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
aserious, businesslike atmosphere of dignity and decorum and shall
beexpedited as much as possible.
(b) The hearing shall be in open or closed session at the optionof
the applicant or holder.
(c) Testimony before the Hearing Board shall be given under oathor
affirmation.
(d) The Chairman of the Hearing Board shall inform the applicantor
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 behalfand
in refutation of the reasons set forth in the Notice of theCommandant;
and
(4) Cross-examine any witnesses offered in support of suchreasons.
(e) Hearings shall be opened by the reading of the Notice of
theCommandant and the answer thereto. Any statement and affidavits
filedby the applicant or holder may be incorporated in the record
byreference.
(f) The Hearing Board may, in its discretion, invite any person
toappear at the hearing and testify. However, the Board shall not
bebound by the testimony of such witness by reason of having called
himand shall have full right to cross-examine the witness. Every
effortshall be made to produce material witnesses to testify in support
ofthe reasons set forth in the Notice of the Commandant, in order
thatsuch witnesses may be confronted and cross-examined by the
applicantor holder.
(g) The applicant or holder may introduce such evidence as may
berelevant and pertinent. Rules of evidence shall not be binding on
theHearing Board, but reasonable restrictions may be imposed as to
therelevancy, competency and materiality of matters considered. If
theapplicant or holder is, or may be, handicapped by the non-
disclosureto him of confidential sources, or by the failure of witnesses
toappear, the Hearing Board shall take the fact into consideration.
(h) The applicant or holder or his counsel or representative
shallhave
[[Page 14]]
the right to control the sequence of witnesses called by him.
(i) The Hearing Board shall give due consideration to
documentaryevidence 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
testimonyby the applicant or holder before duly constituted authority.
(j) Complete verbatim stenographic transcription shall be made ofthe
hearing by qualified reporters and the transcript shall constitutea
permanent part of the record. Upon request, the applicant or holderor
his counsel or representative shall be furnished, without cost, acopy of
the transcript of the hearing.
(k) The Board shall reach its conclusion and base itsdetermination
on information presented at the hearing, together withsuch other
information as may have been developed throughinvestigation and
inquiries or made available by the applicant orholder.
(l) If the applicant or holder fails, without good cause shown tothe
satisfaction of the chairman, to appear personally or to berepresented
before the Hearing Board, the Board shall proceed withconsideration of
the matter.
(m) The recommendation of the Hearing Board shall be in writingand
shall be signed by all members of the Board. The Board shallforward to
the Commandant, with its recommendation, a memorandum ofreasons in
support thereof. Should any member be in disagreement withthe majority a
dissent should be noted setting forth the reasonstherefor. The
recommendation of the Board, together with the completerecord of the
case, shall be sent to the Commandant as expeditiouslyas possible.
Sec. 125.45 Action by Commandant.
(a) If, upon receipt of the Board's recommendation, the Commandantis
satisfied that the character and habits of life of the applicant
orholder are such as to warrant the belief that his presence
onwaterfront facilities, and port and harbor areas, including vesselsand
harbor craft therein, would not be inimical to the security of theUnited
States, he shall, in the case of an applicant, direct that aCoast Guard
Port Security Card be issued to the applicant, or, in thecase of a
holder, notify him accordingly.
(b) If, upon receipt of the Board's recommendation, the Commandantis
not satisfied that the character and habits of life of theapplicant or
holder are such as to warrant the belief that hispresence on waterfront
facilities, and port and harbor areas,including vessels and harbor craft
therein, would not be inimical tothe security of the United States, the
Commandant shall:
(1) In the case of an applicant, notify him that a Coast GuardPort
Security Card will not be issued to the applicant, or,
(2) In the case of a holder, revoke and require the surrender ofhis
Coast Guard Port Security Card.
(c) Such applicant or holder shall be notified of his right,
andshall have 20 days from the receipt of such notice within which,
toappeal 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 thispart. The Commandant shall designate for the Appeal Board a
Chairman,who shall be so far as practicable, an officer of the Coast
Guard. TheCommandant shall designate, so far as practicable, a member
from apanel of persons representing management nominated by the
Secretary ofLabor, and a member from a panel of persons representing
labornominated by the Secretary of Labor. The Commandant shall insure
thatpersons designated as Appeal Board members have suitable
securityclearance. The Chairman of the Appeal Board shall make
allarrangements incident to the business of the Appeal Board.
(b) If an applicant or holder appeals to the Appeal Board within20
days after receipt of notice of his right to appeal under thispart, his
appeal shall be handled under the same procedure as thatspecified in
Sec. 125.39, and the privilege of challenge maybe exercised through the
same procedure as that specified inSec. 125.41.
[[Page 15]]
(c) Appeal Board proceedings shall be conducted in the samemanner 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,
theCommandant is satisfied that the character and habits of life of
theapplicant or holder are such as to warrant the belief that
hispresence on waterfront facilities, and port and harbor
areas,including vessels and harbor craft therein, would not be inimical
tothe security of the United States, he shall, in the case of
anapplicant, direct that a Coast Guard Port Security Card be issued
tothe applicant, or in the case of a holder, notify him accordingly.
(b) If, upon receipt of the Appeal Board's recommendation,
theCommandant is not satisfied that the character and habits of life
ofthe applicant or holder are such as to warrant the belief that
hispresence on waterfront facilities, and port and harbor
areas,including vessels and harbor craft therein, would not be inimical
tothe security of the United States, the Commandant shall notify
theapplicant 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 beenstolen,
lost, or destroyed shall report that fact to a Coast GuardPort Security
Unit or Captain of the Port as soon thereafter aspossible.
(b) A person who has lost a Coast Guard Port Security Card mayapply
for a replacement card by submitting ``An Application forReplacement of
Lost Port Security Card'' (Form CG 2685A) to aCoast Guard Port Security
Unit. A replacement will be issued onlyafter a full explanation of the
loss of the Coast Guard Port SecurityCard is made in writing to the
Coast Guard and after a full check ismade and authorization is granted
by the Commandant.
(c) Any person to whom a Coast Guard Port Security Card has
beenissued as a replacement for a lost card, shall immediately
surrenderthe original card to the nearest Coast Guard Port Security Unit
orCaptain of the Port if the original card should be recovered.
Sec. 125.53 Requirements for credentials; certain vessels operating onnavigable waters of the United States (including the Great Lakes andWestern Rivers).
(a) Every person desiring access to vessels, except publicvessels,
falling within any of the categories listed below, as amaster, person in
charge, or member of the crew thereof, shall berequired to be in
possession of one of the identification credentialslisted in Sec.
125.09.
(1) Towing vessels, barges, and lighters operating in thenavigable
waters of the continental United States other than the GreatLakes and
Western Rivers.
(2) Harbor craft, such as water taxis, junk boats, garbagedisposal
boats, bum boats, supply boats, repair boats, and shipcleaning boats,
which in the course of their normal operations serviceor contact
vessels, foreign or domestic, public or merchant, in thenavigable waters
of the continental United States other than the GreatLakes and Western
Rivers.
(b) The term ``master, person in charge, or member of thecrew''
shall be deemed to include any person who serves on boardin any capacity
concerned with the operation, maintenance, oradministration of the
vessel or its cargo.
(c) Where the Coast Guard Port Security Card (Form CG 2514) is tobe
used as the identification required by paragraph (a) of thissection,
application for such card may be made immediately by thepersons
concerned. The issuance of the Coast Guard Port Security Cardshall be in
the form and manner prescribed by Sec. 125.11.
(d) At the discretion of the District Commander any persondesiring
access to vessels of the categories named in this section,who may be
required by the provisions hereof to possess identificationcredentials,
may be furnished a letter signed by the DistrictCommander or the Captain
of the Port and this letter shall serve inlieu of a Coast Guard Port
Security Card and will authorize suchaccess for a period not to exceed
60 days, and such a letter issued
[[Page 16]]
shall be deemed to be satisfactory identification within themeaning of
Sec. 125.09. The issuance of the letter shall besubject to the
following conditions:
(1) The services of the person are necessary to avoid delay in
theoperation of the vessel;
(2) The person does not possess one of the identificationcredentials
listed in Sec. 125.09.
(3) The person has filed his application for a Coast Guard
PortSecurity Card or submits his application before the letter is
issued;and,
(4) The person has been screened by the District Commander orCaptain
of the Port and such officer is satisfied concerning theeligibility of
the applicant to receive a temporary letter.
[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended byCGFR 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 PortSecurity
Card and who did not receive such a document prior to May 1,1956, shall
submit a new application in accordance with therequirements 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 Cardbefore
May 1, 1956, may file a new application for such a document inaccordance
with the requirements of this part.
PART 126_HANDLING OF DANGEROUS CARGO ATWATERFRONT FACILITIES--Table of Contents
Sec.
126.1 What does this part apply to?
126.3 Definitions.
126.5 Incorporation by reference: Where can I get a copy ofthe
publications mentioned in this part?
126.11 Waiver authority based on local or unusualconditions.
126.12 How do I request the use of an alternative method ofcomplying
with a requirement in this part?
126.13 Designation of waterfront facilities.
126.15 What conditions must a designated waterfront facilitymeet?
126.16 Conditions for designating a ``facility ofparticular hazard.''
126.17 Permits required for handling designated dangerouscargo.
126.19 Issuance of permits for handling designated dangerouscargo.
126.21 Permitted transactions.
126.23 Termination or suspension of permits.
126.25 Penalties for handling designated dangerous cargowithout 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.
126.30 What are the conditions for conducting welding andhotwork?
126.31 Termination or suspension of general permit.
126.33 Penalties for handling dangerous cargo withoutpermit.
126.35 Primary responsibility.
126.37 Separability.
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Sec. 126.1 What does this part apply to?
This part applies to waterfront facilities handling packaged
andbulk-solid dangerous cargo and to vessels at those facilities.
[USCG-1998-4302, 68 FR 55440, Sept. 26, 2003]
Sec. 126.3 Definitions.
As used in this part--
Break-bulk means packages that are handled individually,palletized,
or unitized for purposes of transportation, as opposed tomaterials in
bulk and containerized freight.
Bulk means without mark or count and directly loaded orunloaded to
or from a hold or tank on a vessel without the use ofcontainers or
break-bulk packaging.
Captain of the port or COTP means the officer of theCoast Guard,
under the command of a District Commander, is designatedby the
Commandant for the purpose of giving immediate direction toCoast Guard
law enforcement activities within an assigned area.
Cargo of particular hazard means any of the following:
(1) Division 1.1 and 1.2 explosives, as defined in 49 CFR 173.50,for
which a permit is required under 33 CFR 126.17.
(2) Ammonium nitrate products, division 5.1 (oxidizing)
materialslisted in
[[Page 17]]
49 CFR 176.410, for which a permit is required under 49CFR 176.415.
(3) Division 4.3 dangerous when wet products as defined in 49
CFR173.124, in excess of 60 mt.
(4) Division 2.3 and 6.1 poison inhalation hazard products asdefined
in 49 CFR 173.115 and 173.132, respectively.
(5) Class 7 highway route controlled quantity radioactive materialor
fissile material, controlled shipment, as defined in 49 CER173.403.
Commandant means the Commandant of the United States CoastGuard.
Container means a reusable container that has a volume of1.81 cubic
meters (64 cubic feet) or more, is designed and constructedto permit
being lifted with its contents intact, and is intendedprimarily for
containment of packages (in unit form) duringtransportation.
Dangerous cargo means all hazardous materials listed in 49CFR parts
170 through 179, except those materials preceded by an``A'' in the
Hazardous Materials Table in 49 CFR 172.101,and all cargo listed in 46
CFR part 148.
Designated dangerous cargo means Division 1.1 and 1.2explosives as
defined in 49 CFR 173.50.
Designated waterfront facility means a waterfront facilitydesignated
under Sec. 126.13 for the handling, storing,loading, and discharging of
any hazardous material(s) subject to theDangerous Cargoes Regulations
(49 CFR parts 170 through 179), exceptfor those materials preceded by an
``A'' in the HazardousMaterials Table in 49 CFR 172.101 and for those
materials carried asbulk liquids.
Facility of particular hazard means a designated waterfrontfacility
that is authorized to handle a cargo of particular hazard.
Facility operator means the person or company who owns,operates, or
is responsible for the operation of a waterfrontfacility.
Net tons means net weight in tons.
Net weight, in reference to material in a package, tank,
orcontainer, means the weight of the contents of a package, tank,
orcontainer and does not include the weight of any packaging material
orcontaining devices.
Transport unit means a transport vehicle or a container.
Waterfront facility means all piers, wharves, and similarstructures
to which a vessel may be secured; areas of land, water, orland and water
under and in the immediate proximity to thesestructures; buildings on or
contiguous to these structures; and theequipment and materials on or in
these structures or buildings. Theterm does not include facilities
directly operated by the Departmentof Defense.
[USCG-1998-4302, 68 FR 55440, Sept. 26, 2003, asamended by USCG-2008-
0179, 73 FR 35013, June 19, 2008]
Sec. 126.5 Incorporation by reference: Where can I get a copy of thepublications mentioned in this part?
(a) Certain material is incorporated by reference into this partwith
the approval of the Director of the Federal Register under 5U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other thanthat
specified in paragraph (b) of this section, we must publish anotice of
change in the Federal Register and the material mustbe available to the
public. All approved material is available forinspection at the U.S.
Coast Guard, Vessel and Facility OperatingStandards Division (G-MSO-2),
room 1210, 2100 Second Street SW.,Washington, DC 20593-0001, and at the
National Archives andRecords Administration (NARA). For information on
the availability ofthis material at NARA, call 202-741-6030, or go
to:http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from
thesources indicated in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in
thispart, and the sections affected, are as follows:
American Society for Testing and Materials (ASTM), 100
BarrHarbor Drive, PO Box C700 West CONSHOHOCKEN, PA 19428-
2959:
ASTM F-1121, Standard Specification for International 126.15
ShoreConnections for Marine Fire Applications, 1987 Edition.
National Fire Protection Association (NFPA), OneBatterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101:
NFPA 10, Standard for Portable Fire Extinguishers, 126.15
1998Edition.................................................
[[Page 18]]
NFPA 13, Standard for the Installation of Sprinkler 126.15
Systems,1996 Edition........................................
NFPA 14, Standard for the Installation of Standpipe and 126.15
HoseSystems, 1996 Edition...................................
NFPA 30, Flammable and Combustible Liquids Code, 1996........ 126.15
NFPA 51B, Standard for Fire Prevention in Use of Cutting 126.30
andWelding Processes, 1994 Edition..........................
NFPA 70, National Electrical Code, 1996...................... 126.15
NFPA 307, Standard for the Construction and Fire Protection 126.15
ofMarine Terminals, Piers, and Wharves, 1995 Edition........
[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003, asamended at 69 FR 18803,
Apr. 9, 2004]
Sec. 126.11 Waiver authority based on local or unusual conditions.
Whenever the Commandant, the District Commander, or the Captain
ofthe Port finds that the application of any provisions contained
inSec. Sec. 126.15 and 126.16 is not necessary to the safetyor security
of the port and vessels and waterfront facilities therein,or that its
application is not practical because of local conditionsor because the
materials or personnel required for compliance are notavailable, or
because the requirements of the national defense justifya departure from
such provision, the Commandant, the DistrictCommander, or the Captain of
the Port may waive compliance with suchprovision, to the extent and
under such requirements as theydetermine.
[CGD 78-023, 44 FR 4643, Jan. 22, 1979]
Sec. 126.12 How do I request the use of an alternative method of complyingwith a requirement in this part?
(a) An owner or operator of a waterfront facility may request
thatthe COTP allow the use of an alternative method of complying with
arequirement in this part.
(b) The request must establish, to the COTP's satisfaction--
(1) That compliance with the requirement is economically
orphysically impractical; and
(2) That the alternative requested provides an equivalent orgreater
level of safety.
(c) The COTP examines the request and provides an answer, inwriting,
within 30 days of receipt of the request.
[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003]
Sec. 126.13 Designation of waterfront facilities.
(a) Waterfront facilities which fulfill the conditions required
inSec. 126.15, unless waived under provisions ofSec. 126.11, and only
such waterfront facilities aredesignated for the handling, storing,
stowing, loading, discharging,or transporting of dangerous cargo,
subject to compliance with otherapplicable requirements and provisions
set forth in this part.
(b) Handling, storing, stowing, loading, discharging, ortransporting
dangerous cargo at any waterfront facility other than onedesignated by
this section is hereby prohibited, and violation of thisprohibition will
subject the violator to the civil or criminalpenalties 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 byCGD 78-023, 44 FR
4643, Jan. 22, 1979]
Sec. 126.15 What conditions must a designated waterfront facility meet?
(a) All designated waterfront facilities must meet the following:
(1) Fire extinguishing equipment. Fire extinguishingequipment, such
as automatic sprinklers, hydrants, hose connections,and firefighting
water supplies must be available and maintained inadequate quantities
and locations. Fire extinguishing equipment mustmeet State and local
laws. In the absence of applicable State andlocal laws, fire
extinguishing equipment must meet NFPA 10, 13, 14,and 307. (Incorporated
by reference, see Sec. 126.5.)
(2) Fire appliances. The location of all fire appliances,such as
hydrants, standpipes, hose stations, fire extinguishers, andfire alarm
boxes must be conspicuously marked and readily accessibleaccording to
NFPA 10, 13, 14, and 307.
(3) Warning signs. Warning signs must be constructed andinstalled
according to NFPA 307, chapter 7-8.7.
(4) Lighting. If the facility transfers dangerous cargobetween
sunset and sunrise, it must have outdoor lighting
[[Page 19]]
thatadequately illuminates the transfer work area. The lighting must
beinstalled and maintained according to NFPA 70 (Incorporated
byreference, see Sec. 126.5.) and must be located or shieldedso that it
cannot be mistaken for an aid to navigation and does notinterfere with
navigation on waterways.
(5) International shore connection. If the facility conductscargo
operations involving foreign-flag vessels, the facility musthave an
international shore connection meeting ASTM F-1121.(Incorporated by
reference, see Sec. 126.5.)
(6) Access to the facility. Whenever dangerous cargo istransferred
or stored on the facility, access to the facility must belimited to--
(i) Personnel working on the facility or vessel;
(ii) Delivery and service personnel authorized to conduct
theirbusiness;
(iii) Coast Guard and other Federal, State, and local officials;
(iv) Local emergency personnel, such as police officers andfiremen;
and
(v) Other persons authorized by the owner or operator of
thefacility.
(7) Security measures. Guards must be stationed, orequivalent
controls acceptable to the COTP must be used, to deter anddetect
unlawful entrance; to detect and report fire hazards, fires,and releases
of dangerous cargoes and hazardous materials; to checkthe readiness of
protective equipment; and to report other emergencysituations at the
facility.
(8) Coast Guard personnel. At any time, Coast Guardpersonnel must be
allowed to enter the facility to conduct inspectionsor board vessels
moored at the facility.
(9) Material handling equipment, trucks, and other motorvehicles.
When dangerous cargo is being transferred or stored onthe facility,
material handling equipment, trucks, and other motorvehicles operated by
internal combustion engines must meet therequirements of NFPA 307,
chapter 9.
(10) Smoking. Smoking is allowed on the facility wherepermitted
under State or local law. Signs must be posted markingauthorized smoking
areas. ``No Smoking'' signs must beconspicuously posted elsewhere on the
facility.
(11) Rubbish and waste material. All rubbish, debris, andwaste
materials must be placed in adequate receptacles.
(12) Adequacy of equipment, materials, and standards. TheCOTP may
determine that any equipment, material, or standard is notreasonably
adequate under the circumstances. If so, the COTP informsthe owner or
operator in writing and provides an opportunity for theowner or operator
to have the deficiency corrected.
(b) All designated waterfront facilities that handle dangerouscargo,
not in transport units, must also meet the following:
(1) Arrangement of cargo, freight, merchandise, or material.Cargo,
freight, merchandise, and other items or material on thefacility must be
arranged to provide access for firefighting andclearance for fire
prevention according to NFPA 307, chapter8-5.
(2) Portable fire extinguishers. Each facility must have
andmaintain, in adequate quantities and locations, portable
fireextinguishers that meet the requirements of NFPA 10.
Theseextinguishers must be inspected and maintained in accordance with
NFPA10.
(3) Electrical systems. All new electrical equipment andwiring
installed on the facility must be of the same type andinstalled as
specified under NFPA 70. All defective or dangerouselectrical equipment
and wiring must be promptly repaired, replaced,or permanently
disconnected.
(4) Heating equipment and other sources of ignition. Openfires and
open-flame lamps are prohibited on the facility. Heatingequipment must
meet NFPA 307, chapter 9-4.
(5) Maintenance stores and supplies. Hazardous material(s)used in
the operation or maintenance of the facility may be storedonly in
amounts necessary for normal operating conditions. Thesematerials must
be stored in compartments that are remote fromcombustible material;
constructed to provide safe storage; and keptclean and free of scrap
materials, empty containers, soiled wipingrags, waste, and other debris.
Flammable liquids must be storedaccording to NFPA 30, chapter 4.
(Incorporated by reference, seeSec. 126.5.)
[[Page 20]]
(c) All designated waterfront facilities that handle dangerouscargo
in transport units must also meet the following:
(1) Terminal yards. Terminal yards must conform to thestandards in
NFPA 307, chapter 5.
(2) Containers. Containers packed with dangerous cargo thatare
vertically stacked must be stacked no more than four high.
[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003]
Sec. 126.16 Conditions for designating a ``facility of particularhazard.''
(a) Basic requirements. The facility shall comply with allthe
conditions in Sec. 126.15 except where specificallywaived by Sec.
126.11.
(b) Warning alarms. Warning alarms shall be installed at
thewaterside of such a facility to warn approaching or transiting
watertraffic of immediate danger in the event of fire or cargo
release.Warning alarms shall be of the siren type, or the emergency
rotatingflashing light type, and be of sufficient intensity to be heard,
orseen, 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]
Sec. 126.17 Permits required for handling designated dangerous cargo.
Designated dangerous cargo may be handled, loaded, discharged,
ortransported at any designated waterfront facility only if a
permittherefor has been issued by the Captain of the Port. This
permitrequirement may be waived, at the discretion of the Captain of
thePort, when such cargoes are contained within railroad cars or
highwayvehicles which are moved on or across a waterfront facility
usedprimarily for the transfer of railroad cars or highway vehicles to
orfrom a railroad or highway vehicle ferry or carfloat; provided
suchdesignated cargoes are not removed from, or placed in, the
railroadcar 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
designatedwaterfront facility or of their authorized representatives,
theCaptain of the Port is authorized to issue a permit for
eachtransaction of handling, loading, discharging, or
transportingdesignated dangerous cargo at such waterfront facility
provided thefollowing requirements are met:
(a) The facility shall comply in all respect with the regulationsin
this subchapter.
(b) The quantity of designated dangerous cargo, except Class
1(explosive) materials shipped by or for the Armed Forces of the
UnitedStates, on the waterfront facility and vessels moored thereto
shallnot exceed the limits as to maximum quantity, isolation and
remotenessestablished by local, municipal, territorial, or State
authorities.Each permit issued under these conditions shall specify that
thelimits so established shall not be exceeded.
(c) The quantity of designated dangerous cargo consisting of Class1
(explosive) materials shipped by or for the Armed Forces of theUnited
States on the waterfront facility and vessels moored theretoshall not
exceed the limits as to maximum quantity, isolation andremoteness as
established by the Captain of the Port. Each permitissued under these
conditions shall specify that the limits soestablished shall not be
exceeded.
[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended byCGD 92-050, 59 FR
39965, Aug. 5, 1994]
Sec. 126.21 Permitted transactions.
All permits issued pursuant to Sec. 126.19 are herebyconditioned
upon the observance and fulfillment of the following:
(a) The conditions set forth in Sec. 126.15 shall at alltimes be
strictly observed.
(b) No amount of designated dangerous cargo, except Class
1(explosive) materials shipped by or for the Armed Forces of the
UnitedStates, in excess of the maximum quantity established by
local,municipal, territorial, or State authorities shall be present on
thewaterfront facility and vessels moored thereto.
[[Page 21]]
(c) Designated dangerous cargo shall not be brought onto
thewaterfront facility from shore except when laden within a railroad
caror highway vehicle and shall remain in such railroad car or
highwayvehicle except when removed as an incident of its
prompttransshipment. Designated dangerous cargo shall not be brought
ontothe waterfront facility from a vessel except as an incident of
itsprompt transshipment by railroad car or highway vehicle.
(d) No other dangerous cargo shall be on the waterfront
facilityduring the period of transactions involving designated
dangerouscargo, unless its presence is authorized by the Captain of the
Port.This shall not apply to maintenance stores and supplies on
thewaterfront facility in conformity with Sec. 126.15(g).
[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended byCGD 92-050, 59 FR
39965, Aug. 5, 1994]
Sec. 126.23 Termination or suspension of permits.
Any permit issued pursuant to Sec. 126.19 shallterminate
automatically at the conclusion of the transaction for whichthe permit
has been issued and may be terminated, or suspended, priorthereto by the
Captain of the Port whenever he deems that the securityor safety of the
port or vessels or waterfront facilities therein sorequires.
Confirmation of such termination or suspension by theCaptain 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
designateddangerous cargo without a permit, as provided underSec.
126.17, being in force, will subject personsresponsible therefore to the
civil or criminal penalties provided inSection 13 of the Ports and
Waterways Safety Act, as amended (33U.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 alltimes be
strictly observed.
(b) You must notify the COTP before you handle, store, stow,
load,discharge, or transport, in the net weight amounts specified,
thefollowing dangerous cargo, except when contained within
transportunits or railroad or highway vehicles being transported across
or onthe waterfront facility solely for transfer to or from a railroad-
carferry, highway-vehicle ferry, or carfloat:
(1) Class 1, Division 1.3 and Division 1.5 (Explosive)
materials,with a net explosive quantity in excess of 36,400 kg (40 net
tons) atany one time.
(2) Class 2, Division 2.1 (Flammable Gas) materials in
bulkpackaging; or Division 2.3 (Poison Gas) materials in excess of
72,800kg (80 net tons) at any one time.
(3) A Class 7 (Radioactive) material in a highway route
controlledquantity, as defined in 49 CFR 173.403.
(4) Flammable solids or oxidizers, in excess of 100 net tons atany
one time.
(5) Flammable gases, in excess of 10 net tons at any one time.
(6) Poisons (Class A).
(7) A bulk shipment of a cargo of particular hazard.
(c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50)or
other dangerous cargoes prohibited from, or not permitted
for,transportation by 46 CFR part 148 or 49 CFR parts 171 through 179
maybe present on the waterfront facility.
(d) Break-bulk dangerous cargo must be segregated according to 49CFR
176.83(a) through (c). No separation is required for break-bulkdangerous
cargo in limited-quantity packaging.
(e) Transport units and portable tanks containing dangerous
cargomust be segregated according to 49 CFR 176.83(a), (b), and (f).
Therequirements
[[Page 22]]
for vertical segregation and for on-deck, horizontalsegregation in 49
CFR 176.83(f) apply. No separation is required fortransport units
containing dangerous cargo only in limited quantitypackaging.
(f) Break-bulk dangerous cargo must be segregated from
transportunits containing dangerous cargo according to 49 CFR 176.83(e).
(g) Solid dangerous bulk cargo must be separated to prevent
theinteraction of incompatible materials in the event of an
accident.Cargo not required to be segregated, when in break-bulk form,
is notrequired to be segregated, when in bulk form. Dangerous cargo
inbreak-bulk form must be segregated from solid dangerous cargo in
bulkaccording to 49 CFR 176.83.
(h) Materials that are dangerous when wet (Division 4.3), water-
soluble oxidizers (Division 5.1), and corrosive solids (Class 8) mustbe
stored in a manner that prevents them from coming into contact
withwater.
(i) Corrosive liquids (Class 8) and liquid oxidizers (Division5.1)
must be handled and stored so that, in the event of a leak fromtheir
packaging, they would not come in contact with organicmaterials.
(j) Dangerous cargo stored on the facility must be arranged in
amanner that retards the spread of fire, such as by
interspersingdangerous cargo with inert or fire retardant material.
(k) Dangerous cargo stored on the facility, but not intended foruse
on the facility, must be packaged, marked, and labeled accordingto 49
CFR parts 171 through 180, as if the cargo was intransportation.
(l) Class 7 (Radioactive) material must be stored as specified in49
CFR 173.447.
[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended byCGD 75-238, 44 FR
63676, Nov. 5, 1979; CGD 75-238, 45 FR57394, Aug. 28, 1980; CGD 92-050,
59 FR 39965, Aug. 5, 1994;USCG-1998-4302, 68 FR 55442, Sept. 26, 2003]
Sec. 126.28 Ammonium nitrate, ammonium nitrate fertilizers, fertilizermixtures, or nitro carbo nitrate; general provisions.
(a) When any item of ammonium nitrate, ammonium nitratefertilizers,
fertilizer mixtures, or nitro carbo nitrate, describedand defined as an
oxidizer by the regulations of 49 CFR part 173 ishandled, stored,
stowed, loaded, discharged or transported on awaterfront facility, the
following provisions shall apply:
(1) All outside containers shall be marked with the propershipping
name of the nitrate packed within the container.
(2) The building on a waterfront facility used for storage of anyof
these materials shall be of such construction as to afford
goodventilation.
(3) Storage of any of these materials shall be at a safe
distancefrom electric wiring, steam pipes, radiators or any heating
mechanism.
(4) These materials shall be separated by a fire resistant wall orby
a distance of at least 30 feet from organic materials or otherchemicals
and substances which could cause contamination such asflammable 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 areaupon
clean wood dunnage, or on pallets over a clean floor. In the caseof a
concrete floor, storage may be made directly on the floor if itis first
covered with a moisture barrier such as a polyethylene sheetor asphaltic
laminated paper.
(6) Any spilled material shall be promptly and thoroughly cleanedup
and removed from the waterfront facility. If any spilled materialhas
remained in contact with a wooden floor for any length of time thefloor
shall be scrubbed with water and all spilled material shall bethoroughly
dissolved and flushed away.
(7) An abundance of water for firefighting shall be
readilyavailable.
(8) Open drains, traps, pits or pockets which could be filled
withmolten ammonium nitrate if a fire occurred (and thus become
potentialdetonators for the storage piles) must be eliminated or
plugged.
Note: See 49 CFR 176.415 for permit requirements for nitrocarbo
nitrate and certain ammonium nitrates.
[CGD 78-023, 44 FR 4644, Jan. 22, 1979]
[[Page 23]]
Sec. 126.29 Supervision and control of dangerous cargo.
(a) Authority. The Captain of the Port is authorized torequire that
any transaction of handling, storing, stowing, loading,discharging, or
transporting the dangerous cargo covered by thissubchapter shall be
undertaken and continued only under the immediatesupervision and control
of the Captain of the Port or his dulyauthorized representative. In case
the Captain of the Port exercisessuch authority, all directions,
instructions, and orders of theCaptain of the Port or his
representative, not inconsistent with thispart, with respect to such
handling, storing, stowing, loading,discharging, and transporting; with
respect to the operation of thewaterfront facility; with respect to
vessels handling, stowing,loading, or discharging of dangerous cargo at
anchorages when theoperations are under the immediate control and
supervision of theCaptain of the Port or his duly authorized
representative; withrespect to the ingress and egress of persons,
articles, and things andto their presence on the waterfront facilty or
vessel; and withrespect to vessels approaching, moored at, and departing
from thewaterfront facility, shall be promptly obeyed.
(b) Reporting discharge of dangerous liquid commodities intothe
waters of the United States. To enhance the safety of the portand to
protect vessels, their cargo, and waterfront facilitiestherein, the
discharge into the navigable waters of the United Statesof petroleum
products, petroleum byproducts or other dangerous liquidcommodities
which may create a hazard or toxic condition in the portarea will be
immediately reported to the Captain of the Port orDistrict Commander by
the owner or master of the vessel from which thedischarge occurred, or
the owner or operator of a waterfront facilityfrom which the discharge
occurred.
[CGFR 69-89, 34 FR 17478, Oct. 29, 1969]
Sec. 126.30 What are the conditions for conducting welding and hotwork?
(a) The facility operator must ensure that all welding or
hotworkconducted at the facility meets the requirements of this section.
Eachoperator of a vessel moored to the facility must ensure that
allwelding or hotwork conducted on the vessel meets the requirements
ofthis section.
(b) The COTP may require an operator of a facility or of a
vesselmoored at the facility to notify the COTP before conducting
welding orhotwork. Regardless of whether or not the COTP required
notice, thefacility operator must notify the COTP before conducting
welding orhotwork on a vessel when containerized dangerous cargo is
locatedwithin the distances listed in paragraph (f) of this section.
(c) Before conducting welding or hotwork, flammable vapors,liquids,
or solids must be completely removed from any container,pipe, or
transfer line being worked on.
(d) Before conducting welding or hotwork on tanks, tanks used
forstorage of flammable or combustible substances must be tested
andcertified gas free.
(e) All welding and hotwork must be conducted according to NFPA51B.
(Incorporated by reference, see Sec. 126.5.)
(f) Welding or hotwork is prohibited during gas freeing
operationswithin 30.5 meters (100 feet) of bulk cargo operations
involvingflammable or combustible materials, within 30.5 meters (100
feet) offueling operations, within 30.5 meters (100 feet) of explosives,
orwithin 15.25 meters (50 feet) of other hazardous materials.
(g) If the welding or hotwork is on the boundary of a
compartment(i.e., bulkhead, wall, or deck), a fire watch, in addition
tothat called for in NFPA 51B, must be stationed in the
adjoiningcompartment.
(h) Personnel on fire watch must have no other duties except towatch
for the presence of fire and to prevent the development ofhazardous
conditions.
(i) All safety precautions in relation to purging, inerting,
orventing for all hotwork on containers must be followed.
(j) All local laws and ordinances must be followed.
(k) If a fire or other hazard occurs, all cutting, welding, orother
hotwork equipment must be shut down.
[USCG-1998-4302, 68 FR 55442, Sept. 26, 2003]
[[Page 24]]
Sec. 126.31 Termination or suspension of general permit.
The Captain of the Port is hereby authorized to terminate or
tosuspend the general permit granted by Sec. 126.27 in respectto any
particular designated waterfront facility whenever he deemsthat the
security or safety of the port or vessels or waterfrontfacilities
therein so requires. Confirmation of such termination orsuspension shall
be given to the permittee in writing. After suchtermination, the general
permit may be revived by the DistrictCommander with respect to such
particular waterfront facility upon afinding by him that the cause of
termination no longer exists and isunlikely to recur. After such
suspension, the general permit shall berevived by the Captain of the
Port with respect to such particularwaterfront facility when the cause
of suspension no longer exists, andhe shall so advise the permittee in
writing.
[CGFR 51-37, 16 FR 8680, Aug. 28, 1951, as amended byCGFR 69-89, 34 FR
17479, Oct. 29, 1969]
Sec. 126.33 Penalties for handling dangerous cargo without permit.
Handling, storing, stowing, loading, discharging, or transportingany
dangerous cargo covered by Sec. 126.27 undercircumstances not covered
by the general permit granted inSec. 126.27 or when such general permit
is not in force willsubject persons responsible therefor to the civil or
criminalpenalties provided in Section 13 of the Ports and Waterways
SafetyAct, 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,
anddesignations in this part shall be construed as relieving the
masters,owners, operators, and agents of vessels, docks, piers, wharves,
orother waterfront facilities from their primary responsibility for
thesecurity of such vessels, docks, piers, wharves, or
waterfrontfacilities.
[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]
Sec. 126.37 Separability.
If any provision of the rules, regulations, conditions,
ordesignations contained in this part or the application of
suchprovision to any person, waterfront facility, or circumstances
shallbe held invalid, the validity of the remainder of the
rules,regulations, conditions, or designations contained in this part
andapplicability of such provision to other persons,
waterfrontfacilities, or circumstances, shall not be affected thereby.
[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]
PART 127_WATERFRONT FACILITIES HANDLINGLIQUEFIED 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: Proceduresfor
examination.
Subpart B_Waterfront Facilities Handling Liquefied NaturalGas
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 LiquefiedHazardous 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; Department of HomelandSecurity Delegation
No. 0170.1.
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 transferarea
for LNG of each new waterfront facility handling LNG and to
newconstruction in the marine transfer area for LNG of each
existingwaterfront facility handling LNG.
(b) Subpart A of this part and Sec. Sec. 127.301through 127.617
apply to the marine transfer area for LNG of eachactive existing
waterfront facility handling LNG.
(c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701
ofsubparts A and B of this part apply to the marine transfer area forLNG
of each inactive existing facility.
(d) Subparts A and C of this part apply to the marine transferarea
for LHG of each active waterfront facility handling LHG.
[[Page 26]]
(e) Sections 127.007 (c), (d), and (e); 127.019(b); and127.1325(c)
of subparts A
and C of this part apply to the marine transfer area for LHGof 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 partwith
the approval of the Director of the Federal Register inaccordance with 5
U.S.C. 552(a) and 1 CFR part 51. To enforce anyedition other than that
specified in paragraph (b) of this section,the Coast Guard must publish
notice of change in the FederalRegister and make the material available
to the public. Allapproved material is available for inspection at the
U.S. Coast Guard,(G-MOC), Room 1108, 2100 Second Street SW., Washington,
DC20593-0001, and at the National Archives and RecordsAdministration
(NARA). For information on the availability of thismaterial at NARA,
call 202-741-6030, or go to:http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html. All approved
material is available from thesources indicated in paragraph (b) of this
section.
(b) The material approved for incorporation by reference in
thispart, 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, 127.1102
including 1992Addenda and Errata...................
ANSI S12.13, Part I, Performance Requirements, 127.1203
Combustible GasDetectors, 1986.....................
American Petroleum Institute (API)
1220 L Street NW., Washington, DC 20005:
API RP 2003, Protection Against Ignitions Arising 127.1101
Out of Static,Lightning and Stray Currents, 1991...
American Society of Mechanical Engineers (ASME)
Three Park Avenue, New York, NY 10016-5990:
ASME B31.3, Chemical Plant and Petroleum Refinery 127.1101
Piping,1993........................................
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 1121-87 (1993), Standard Specification 127.611;127.15
forInternational Shore Connections for Marine Fire 11
Applications.......................................
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, 127.313;
1993............................................... 127.1313
NFPA 51B, Fire Prevention in Use of Cutting and 127.405;
Welding Processes,1994............................. 127.1405
NFPA 59A, Production, Storage, and Handling of 127.101;
Liquefied NaturalGas (LNG), 1994................... 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 127.005
Materials,1990.....................................
[CGD 88-049, 60 FR 39794, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995, as
amended by CGD 96-026, 61 FR 33665, June 28,1996; 61 FR 36629, July 12,
1996; USCG-1999-5832, 64 FR34714, June 29, 1999; USCG-1999-5151, 64 FR
67175, Dec.1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69FR
34926, June 23, 2004]
Sec. 127.005 Definitions.
As used in this part:
Active means accomplishing the transfer of LHG or LNG, orscheduling
[[Page 27]]
one to occur, within 12 months of the current date.
Captain of the Port (COTP) means the Coast Guard officerdesignated
by the Commandant to command a Captain of the Port Zone asdescribed in
Part 3 of this chapter, or an authorized representative.
Commandant means the Commandant of the U.S. Coast Guard oran
authorized representative.
Control room means a space within the LNG waterfrontfacility from
which facility operations are controlled.
District Commander means the Coast Guard officer designatedby the
Commandant to command a Coast Guard District as described inPart 3 of
this chapter, or an authorized representative.
Environmentally sensitive areas include public parks andrecreation
areas, wildlife and waterfowl refuges, fishing grounds,wetlands, other
areas deemed to be of high value to fish and wildliferesources, historic
sites, and other protected areas.
Existing as applied to a waterfront facility means afacility
handling LNG constructed or being constructed under acontract awarded
before June 2, 1988, or a facility handling LHGconstructed or being
constructed under a contract awarded beforeJanuary 30, 1996.
Facility means either a waterfront facility handling LHG ora
waterfront facility handling LNG.
Fire endurance rating means the duration for which anassembly or
structural unit will contain a fire or retain structuralintegrity when
exposed to the temperatures specified in the standardtime-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 floorsthat
confines a spill of LHG or LNG.
LHG means liquefied hazardous gas.
LHG vessel means a vessel constructed or converted to carryLHG, in
bulk.
Liquefied hazardous gas (LHG) means a liquid containing oneor more
of the products listed in Table 127.005.
Liquefied natural gas (LNG) means a liquid or semisolidconsisting
mostly of methane and small quantities of ethane, propane,nitrogen, or
other natural gases.
Liquefied petroleum gas (LPG) means a liquid consistingmostly of
propane or butane or both.
LNG means liquefied natural gas.
LNG vessel means a vessel constructed or converted to carryLNG, in
bulk.
Loading flange means the connection or group of connectionsin the
cargo transfer pipeline on the facility that connects thefacility
pipeline to the vessel pipeline.
Marine transfer area for LHG means that part of a waterfrontfacility
handling LHG between the vessel, or where the vessel moors,and the first
shutoff valve on the pipeline immediately inland of theterminal manifold
or loading arm, including the entire part of a pieror wharf used to
serve LHG vessels.
Marine transfer area for LNG means that part of a waterfrontfacility
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-transferpipeline on a
waterfront facility handling LHG or a waterfrontfacility handling LNG
that connects this pipeline to the pipeline ortransfer hose of the
vessel.
MAWP means maximum allowable working pressure.
Maximum allowable working pressure (MAWP) means the maximumgauge
pressure permissible at the top of equipment, containers, orpressure
vessels while operating at design temperature.
New as applied to a waterfront facility means a facilityhandling LNG
constructed or being constructed under a contract awardedon or after
June 2, 1988, or a facility handling LHG constructed orbeing constructed
under a contract awarded on or after January 30,1996.
Person in charge of transfer operations on the vessel is theperson
designated the person in charge of cargo transfer under 46 CFR154.1831.
[[Page 28]]
Release means any spilling, leaking, pumping, pouring,emitting,
emptying, discharging, injecting, escaping, leaching,dumping, or
disposing into the environment, except a minor release ofLHG or its
vapor, that may occur during the routine handling of LHG.No release is
minor if it creates an atmosphere that exceeds the LowerFlammable Limit
(LFL) for a flammable product or any PermissibleExposure Limit (PEL)
listed in 29 CFR 1910.1000, Table Z-1 orZ-2, for a toxic product.
Substructure means the deck of a pier or wharf and thestructural
components below that deck.
Toxic product means a product indicated by the letter``T'' or by the
letters ``F+T'' in Table127.005.
Waterfront facility handling LHG means any structure on, in,or under
the navigable waters of the United States, or any structureon land or
any area on shore immediately adjacent to such waters, usedor 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 structureon land or
any area on shore immediately adjacent to such waters, usedor capable of
being used to transfer liquefied natural gas, in bulk,to or from a
vessel.
Table 127.005--List of Products andHazards
------------------------------------------------------------------------
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 byCGD 88-049, 60 FR
39795, Aug. 3, 1995; CGD 97-023, 62 FR33363, June 19, 1997]
Sec. 127.007 Letter of intent.
(a) An owner who intends to build a new facility or the owner
oroperator who plans new construction on an existing facility,
mustsubmit a letter of intent that meets paragraph (d) of this section
tothe COTP of the zone in which the facility is or will be located,
atleast 60 days before construction begins.
(b) The owner or operator of an active existing facility shallsubmit
a letter of intent that meets paragraph (d) of this section tothe COTP
of the zone in which the facility is located.
(c) An owner or operator of an inactive existing facility
shallsubmit a letter of intent that meets paragraph (d) of this section
tothe COTP of the zone in which the facility is located, at least 60days
before transferring LHG or LNG.
(d) Each letter of intent must contain--
(1) The name, address, and telephone number of the owner
andoperator;
(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 ofLHG
or LNG shipments to or from the facility; and
(6) Charts showing waterway channels and identifying
commercial,industrial, environmentally sensitive, and residential areas
in andadjacent to the waterway used by the LHG or LNG vessels en route
tothe facility, within 25 kilometers (15.5 miles) of the facility.
(e) The owner or operator who submits a letter of intent
underparagraph (a), (b), or (c), shall notify the COTP in writing within
15days if--
(1) There is any change in the information submitted underparagraphs
(d)(1) through (d)(5) of this section; or
[[Page 29]]
(2) No LHG or LNG transfer operations are scheduled within thenext
12 months.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39795, Aug. 3, 1995]
Sec. 127.009 Letter of recommendation.
After the COTP receives the letter of intent underSec. 127.007 (a)
or (c), the COTP issues a letter ofrecommendation to the owner or
operator of the facility and to thestate and local government agencies
having jurisdiction, as to thesuitability of the waterway for LHG or LNG
marine traffic, based onthe--
(a) Information submitted under Sec. Sec. 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 thewaterway;
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 ofthe
channel.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39795, Aug. 3, 1995]
Note: The Coast Guard is authorized by law to establishwater or
waterfront safety zones, or other measures for limited,controlled, or
conditional access and activity, when necessary for theprotection 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
isallowed to make reasonable examinations and inspections to
determinewhether the facility meets this part.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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 orLNG
transfer operations if the COTP finds any condition requiringimmediate
action to--
(1) Prevent damage to, or the destruction of, any bridge or
otherstructure on or in the navigable waters of the United States, or
anyland structure or shore area immediately adjacent to such waters; and
(2) Protect the navigable waters and the resources therein fromharm
resulting from vessel or structure damage, destruction, or loss.
(b) Each order to suspend transfer operations issued underparagraph
(a) of this section--
(1) Is effective immediately;
(2) Contains a statement of each condition requiring
immediateaction; and
(3) Is withdrawn by the COTP whenever each condition is correctedor
no longer exists.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39795, Aug. 3, 1995]
Sec. 127.015 Appeals.
(a) Any person directly affected by an action taken under thispart
may request reconsideration by the Coast Guard officerresponsible for
that action.
(b) Except as provided under paragraph (e) of this section,
anyperson not satisfied with a ruling made under the procedure
containedin paragraph (a) of this section may--
(1) Appeal that ruling in writing to the District Commander of
thedistrict in which the action was taken; and
(2) Supply supporting documentation and evidence that theappellant
wishes to have considered.
(c) The District Commander issues a ruling after reviewing theappeal
submitted under paragraph (b) of this section. Except asprovided under
paragraph (e) of this section, any person not satisfiedwith this ruling
may--
(1) Appeal that ruling in writing to the Assistant Commandant
forMarine Safety, Security and Environmental Protection, U.S.
CoastGuard, Washington, DC 20593-0001; and
[[Page 30]]
(2) Supply supporting documentation and evidence that theappellant
wishes to have considered.
(d) The Assistant Commandant for Marine Safety, Security
andEnvironmental Protection issues a ruling after reviewing the
appealsubmitted under paragraph (c) of this section, which is final
agencyaction.
(e) If the delay in presenting a written appeal has an adverseimpact
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
oralpresentation--
(i) With the basis for the appeal and a summary of the
materialpresented orally; and
(ii) To the same Coast Guard official who heard the
oralpresentation.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 96-026, 61 FR
33665, June 28, 1996; CGD 97-023, 62FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332,June 18, 2002]
Sec. 127.017 Alternatives.
(a) The COTP may allow alternative procedures, methods, orequipment
standards to be used by an operator instead of anyrequirements in this
part if--
(1) The operator submits a written request for the alternative
atleast 30 days before facility operations under the alternative
wouldbegin, unless the COTP authorizes a shorter time; and
(2) The alternative provides at least the same degree of
safetyprovided by the regulations in this part.
(b) The COTP approves or disapproves any alternative requestedunder
paragraph (a) of this section--
(1) In writing; or
(2) Orally, with subsequent written confirmation.
Sec. 127.019 Operations Manual and Emergency Manual: Procedures forexamination.
(a) The owner or operator of an active existing facility shallsubmit
two copies of the Operations Manual and of theEmergency Manual to the
Captain of the Port of the zone in whichthe facility is located.
(b) At least 30 days before transferring LHG or LNG, the owner
oroperator of a new or an inactive existing facility shall submit
twocopies of the Operations Manual and of the EmergencyManual to the
Captain of the Port of the zone in which the facilityis located, unless
the manuals have been examined and there have beenno changes since that
examination.
(c) If the COTP finds that the Operations Manual meetsSec. 127.305
or Sec. 127.1305 and that theEmergency Manual meets Sec. 127.307
orSec. 127.1307, the Captain of the Port returns a copy to theowner or
operator marked ``Examined by the Coast Guard''.
(d) If the COTP finds that the Operations Manual or theEmergency
Manual does not meet this part, the Captain of thePort returns the
manual with an explanation of why it does not meetthis part.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39795, Aug. 3, 1995]
Subpart B_Waterfront Facilities Handling Liquefied NaturalGas
Sec. 127.101 Design and construction: General.
The marine transfer area for LNG must meet the following criteriain
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 and8-7.2.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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 subjectto
earthquakes, the piers and wharves must be designed to resistearthquake
forces.
(b) Substructures, except moorings and breasting dolphins,
thatsupport or are within 5 meters (16.4 feet) of any pipe or
equipmentcontaining LNG, or are within 15 meters (49.2 feet) of a
loadingflange, must--
(1) Be made of concrete or steel; and
[[Page 31]]
(2) Have a fire endurance rating of not less than two hours.
(c) LNG or LPG storage tanks must have the minimum volumenecessary
for--
(1) Surge protection;
(2) Pump suction supply; or
(3) Other process needs.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.105 Layout and spacing of marine transfer area for LNG.
(a) LNG impounding spaces must be located so that the heat fluxfrom
a fire over the impounding spaces does not cause structuraldamage to an
LNG vessel moored or berthed at the waterfront facilityhandling LNG.
(b) Each LNG loading flange must be located at least 300
meters(984.3 feet) from the following which are primarily intended for
theuse 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 byCGD 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
aseparate emergency power source, so that failure of one source doesnot
affect the capability of the other source. The system must meetthe
National Electrical Code, NFPA 70.
(b) The emergency power source must provide enough power for
theoperation 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 powersource,
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 systemand
separate emergency lighting.
(b) All outdoor lighting must be located or shielded so that it
isnot confused with any aids to navigation and does not interfere
withnavigation on the adjacent waterways.
(c) The lighting system must provide an average illumination on
ahorizontal 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 operationof
the--
(1) Emergency shutdown system;
(2) Communications equipment; and
(3) Firefighting equipment.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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-
shorecommunication system and a separate emergency ship-to-
shorecommunication system.
(b) Each ship-to-shore communication system must be a
dedicatedsystem that allows voice communication between the person in
charge oftransfer operations on the vessel, the person in charge of
shoresidetransfer operations, and personnel in the control room.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39795, Aug. 3, 1995]
Sec. 127.113 Warning signs.
(a) The marine transfer area for LNG must have warning signsthat--
(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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
[[Page 32]]
Equipment
Sec. 127.201 Sensing and alarm systems.
(a) Fixed sensors must have audio and visual alarms in the
controlroom and audio alarms nearby.
(b) Fixed sensors that continuously monitor for LNG vaporsmust--
(1) Be in each enclosed area where vapor or gas may accumulate;and
(2) Meet Section 9-4 of NFPA 59A.
(c) Fixed sensors that continuously monitor for flame, heat,
orproducts of combustion must--
(1) Be in each enclosed or covered Class I, Division 1,
hazardouslocation defined in Section 500-5(a) of NFPA 70 and each areain
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 portablegas
detectors capable of measuring 0-100% of the lowerflammable limit of
methane.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.205 Emergency shutdown.
Each transfer system must have an emergency shutdown systemthat--
(a) Can be activated manually; and
(b) Is activated automatically when the fixed sensors underSec.
127.201(b) measure LNG concentrations exceeding 40% ofthe lower
flammable limit.
Sec. 127.207 Warning alarms.
(a) The marine transfer area for LNG must have a rotating orflashing
amber light with a minimum effective flash intensity, in thehorizontal
plane, of 5000 candelas. At least 50% of the requiredeffective flash
intensity must be maintained in all directions from1.0 degree above to
1.0 degree below the horizontal plane.
(b) The marine transfer area for LNG must have a siren with aminimum
\1/3\-octave band sound pressure level at l meter of 125decibels
referenced to 0.0002 microbars. The siren must be located sothat the
sound signal produced is audible over 360 degrees in ahorizontal plane.
(c) Each light and siren must be located so that the warning alarmis
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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Operations
Sec. 127.301 Persons in charge of shoreside transfer operations: Qualificationsand certification.
(a) No person may serve, and the operator of the waterfrontfacility
handling LNG may not use the services of any person, as aperson in
charge of shoreside transfer operations, unless thatperson--
(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 Manualand the
examined Emergency Manual.
(b) Before a person in charge of shoreside transfer
operationssupervises a transfer, the operator shall certify in writing
that thecriteria in paragraph (a) of this section are met. The operator
shallmaintain a copy of each current certification available for
inspectionat the waterfront facility handling LNG.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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
thewaterfront facility handling LNG, no LNG transfer operations may
beconducted at the facility until the order is withdrawn by the COTP.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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
andelectrical systems;
[[Page 33]]
(b) The duties of each person assigned for transferoperations;
(c) The maximum relief valve setting or maximum allowable
workingpressure of the transfer system;
(d) The facility telephone numbers of facility supervisors,persons
in charge of shoreside transfer operations, personnel on watchin the
marine transfer area for LNG, and security personnel;
(e) A description of the security systems for the marine
transferarea 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 underSec.
127.503.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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
localresponse organizations;
(b) Emergency shutdown procedures;
(c) A description of the fire equipment and systems and
theiroperating procedures;
(d) A description of the emergency lighting and emergency
powersystems;
(e) The telephone numbers of local Coast Guard units, hospitals,fire
departments, police departments, and other emergency
responseorganizations;
(f) If the waterfront facility handling LNG has personnelshelters,
the location of and provisions in each shelter;
(g) First aid procedures and if there are first aid stations,
thelocations of each station; and
(h) Emergency procedures for mooring and unmooring a vessel.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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 thewaterfront
facility handling LNG has an examined OperationsManual and examined
Emergency Manual;
(b) Each transfer operation is conducted in accordance with
theexamined Operations Manual; and
(c) Each emergency response is in accordance with the
examinedEmergency Manual.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.311 Motor vehicles.
(a) The operator shall designate and mark parking spacesthat--
(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
orloading flange.
(b) During transfer operations, no person may--
(1) Stop or park a motor vehicle in a space that is not designateda
parking space; or
(2) Refuel any motor vehicle.
Sec. 127.313 Bulk storage.
(a) The operator shall ensure that only the following
flammablematerials 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 amountused
for one day's operations and maintenance.
(b) Flammable liquids must be stored in accordance with Chapter 4of
NFPA 30.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.315 Preliminary transfer inspection.
Before transferring LNG, the person in charge of shoresidetransfer
operations shall--
[[Page 34]]
(a) Inspect the transfer piping and equipment to be usedduring the
transfer and replace any worn or inoperable parts;
(b) For each of the vessel's cargo tanks from which cargo will
betransferred, note the pressure, temperature, and volume to ensure
theyare safe for transfer;
(c) Review and agree with the person in charge of cargo transferon
the vessel to--
(1) The sequence of transfer operations;
(2) The transfer rate;
(3) The duties, location, and watches of each person assigned
fortransfer operations; and
(4) Emergency procedures from the examined Emergency Manual;
(d) Ensure that transfer connections allow the vessel to move tothe
limits of its moorings without placing strain on the loading armor
transfer piping system;
(e) Ensure that each part of the transfer system is aligned toallow
the flow of LNG to the desired location;
(f) Ensure that warning signs that warn that LNG is
beingtransferred, are displayed;
(g) Eliminate all ignition sources in the marine transfer area
forLNG;
(h) Ensure that personnel are on duty in accordance with theexamined
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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.317 Declaration of inspection.
(a) After the preliminary transfer inspection underSec. 127.315 has
been satisfactorily completed, the personin charge of shoreside transfer
operations shall ensure that no persontransfers 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 shallgive
one signed copy of the Declaration of Inspection to the person incharge
of transfer operations on the vessel, and shall retain onesigned copy at
the waterfront facility handling LNG for 30 days aftercompletion of the
transfer.
(c) Each Declaration of Inspection must contain--
(1) The name of the vessel and the waterfront facility handlingLNG;
(2) The date and time that transfer operations begin;
(3) A list of the requirements in Sec. 127.315 with theinitials of
the person in charge of shoreside transfer operationsafter each
requirement, indicating that the requirement is met;
(4) The signature of the person in charge of shoreside
transferoperations and the date and time of signing, indicating that he
or sheis ready to begin transfer operations; and
(5) The signature of each relief person in charge and the date
andtime of each relief.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 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 shallensure
that--
(1) The marine transfer area for LNG is under the supervision of
aperson in charge, who has no other assigned duties during the
transferoperation;
(2) Personnel transferring fuel or oily waste are not involved inLNG
transfer; and
(3) No vessels are moored outboard of any LNG vessel without
thepermission of the COTP.
(b) The person in charge of shoreside transfer operationsshall--
(1) Be in continuous communication with the person in charge
oftransfer operations on the vessel;
(2) Ensure that an inspection of the transfer piping and
equipmentfor leaks, frost, defects, and other symptoms of safety
andoperational problems is conducted at least once every transfer;
(3) Ensure that transfer operations are discontinued--
(i) Before electrical storms or uncontrolled fires are adjacent
tothe marine transfer area for LNG; and
(ii) As soon as a fire is detected; and
[[Page 35]]
(4) Ensure that the lighting systems are turned on betweensunset and
sunrise.
Note: Vessel transfer requirements are published in 46 CFRPart 154.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.321 Release of LNG.
(a) The operator of the waterfront facility handling LNG shallensure
that--
(1) No person releases LNG into the navigable waters of the
UnitedStates; and
(2) If there is a release of LNG, vessels near the facility
arenotified of the release by the activation of the warning alarm.
(b) If there is a release of LNG, the person in charge ofshoreside
transfer operations shall--
(1) Immediately notify the person in charge of cargo transfer onthe
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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Maintenance
Sec. 127.401 Maintenance: General.
The operator of the waterfront facility handling LNG shall
ensurethat the equipment required under this part is maintained in a
safecondition so that it does not cause a release or ignition of LNG.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.403 Inspections.
The operator shall conduct a visual inspection for defects of
eachpressure-relief device not capable of being tested, at least once
eachcalendar year, with intervals between inspections not exceeding
15months, and make all repairs in accordance withSec. 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
inthis 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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.407 Testing.
(a) The operator shall pressure test under paragraph (b) of
thissection the transfer system, including piping, hoses, and
loadingarms, and verify the set pressure of the safety and
reliefvalves--
(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 atcryogenic
temperature, at least once each calendar year, withintervals 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 aminimum of
30 minutes.
Sec. 127.409 Records.
(a) The operator shall keep on file the following information:
(1) A description of the components tested underSec. 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 for24
months.
Personnel Training
Sec. 127.501 Applicability.
The training required by this subpart must be completed before LNGis
transferred.
Sec. 127.503 Training: General.
The operator shall ensure that each of the following is met:
[[Page 36]]
(a) All full-time employees have training in the followingsubjects:
(1) Basic LNG firefighting procedures.
(2) LNG properties and hazards.
(b) In addition to the training under paragraph (a) of thissection,
each person assigned for transfer operations has training inthe
following subjects:
(1) The examined Operations Manual and examined EmergencyManual.
(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 atleast
once every five years.
Firefighting
Sec. 127.601 Fire equipment: General.
(a) Fire equipment and systems provided in addition to
therequirements in this subpart must meet the requirements of
thissubpart.
(b) The following must be red or some other conspicuous color andbe
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
ofUnderwriters Laboratories, Inc., the Factory Mutual Research Corp.,
orthe 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 59Aand
Chapter 3 of NFPA 10; and
(b) At least one portable fire extinguisher in each
designatedparking area.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.605 Emergency outfits.
(a) There must be an emergency outfit for each person whose
dutiesinclude fighting fires, but there must be at least two
emergencyoutfits. Each emergency outfit must include--
(1) One explosion-proof flashlight;
(2) Boots and gloves of rubber or other electrically
nonconductingmaterial;
(3) A rigid helmet that protects the head against impact;
(4) Water resistant clothing that also protects the body
againstfire; and
(5) U.S. Bureau of Mines approved self-contained breathingapparatus.
(b) Emergency outfits under paragraph (a) of this section must bein
locations that are readily accessible and marked for easyrecognition.
Sec. 127.607 Fire main systems.
(a) Each marine transfer area for LNG must have a fire main
systemthat provides at least two water streams to each part of the
LNGtransfer piping and connections, one of which must be from a
singlelength of hose or from a fire monitor.
(b) The fire main must have at least one isolation valve at
eachbranch connection and at least one isolation valve downstream of
eachbranch connection to isolate damaged sections.
(c) The fire main system must have the capacity to supply--
(1) Simultaneously all fire hydrants, standpipes, and firemonitors
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 betweenthe
source of water and the hose or monitor nozzle, when only thosetwo
outlets are open.
(d) If the source of water for the fire main system is capable
ofsupplying a pressure greater than the system's design workingpressure,
the system must have at least one pressure relief device.
[[Page 37]]
(e) Each fire hydrant or standpipe must have at least onelength of
hose of sufficient length to meet paragraph (a) of thissection.
(f) Each length of hose must--
(1) Be 1\1/2\ inches or more in diameter and 30.5 meters (100feet)
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
waterspray fire hose nozzle.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 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 chemicalsystem
that provides at least two dry chemical discharges to the
areasurrounding the loading arms, one of which must be--
(1) From a monitor; and
(2) Actuated and, except for pre-aimed monitors, controlled from
alocation other than the monitor location.
(b) The dry chemical system must have the capacity to
supplysimultaneously or sequentially each hose or monitor in the system
for45 seconds.
(c) Each dry chemical hose station must have at least one lengthof
hose that--
(1) Is on a hose rack or reel; and
(2) Has a nozzle with a valve that starts and stops the flow ofdry
chemical.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.611 International shore connection.
The marine transfer area for LNG must have an international
shoreconnection that is in accordance with ASTM F 1121 (incorporated
byreference, see Sec. 127.003), a 2\1/2\ inch fire hydrant,and 2\1/2\
inch fire hose of sufficient length to connect the firehydrant to the
international shore connection on the vessel.
[CGD 88-032, 56 FR 35819, July 29, 1991, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995;USCG-2000-7223, 65 FR 40057, June 29, 2000]
Sec. 127.613 Smoking.
In the marine transfer area for LNG, the operator shall ensurethat
no person smokes when there is LNG present.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.615 Fires.
In the marine transfer area for LNG, the operator shall ensurethat
there are no fires when there is LNG present.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.617 Hotwork.
The operator shall ensure that no person conducts welding,
torchcutting, or other hotwork unless that person has a permit from
theCOTP.
Security
Sec. 127.701 Security on existing facilities.
The operator shall ensure that any security procedure andarrangement
on existing facilities, that were in use when LNG transferoperations
were last conducted, be continued and maintained, orupgraded, 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 shoresideand
the waterside is limited to--
(1) Personnel who work at the waterfront facility handling
LNGincluding 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 LNGunless
that person is identified by a waterfront facility handlingLNG-issued
identification card or other identification card displayinghis or her
photograph, or is
[[Page 38]]
an escorted visitor displaying anidentifying badge.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.705 Security systems.
The operator shall ensure that security patrols of the
marinetransfer area for LNG are conducted once every hour, or that a
mannedtelevision 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 byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Sec. 127.707 Security personnel.
The operator shall ensure that no person is assigned securitypatrol
duty unless that person has been instructed on securityviolation
procedures.
Sec. 127.709 Protective enclosures.
The following must be within a fence or wall that
preventstrespassing:
(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
directcommunications between the security patrol and other operating
orsecurity personnel on duty on the waterfront facility handling LNG.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR
39796, Aug. 3, 1995]
Subpart C_Waterfront Facilities Handling LiquefiedHazardous 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 usedfor
the transfer of LHG must meet the following criteria:
(a) Each system must be designed and constructed in accordancewith
ASME B31.3.
(b) Each pipeline on a pier or wharf must be located so that it
isnot exposed to physical damage from vehicular traffic or cargo-
handling equipment. Each pipeline under navigable waters must becovered
or protected to meet 49 CFR 195.248.
(c) The transfer manifold of each liquid transfer line and of
eachvapor return line must have an isolation valve with a
bleedconnection, such that transfer hoses and loading arms can be
blockedoff, 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 areadily
accessible isolation valve located near the edge of the marinetransfer
area for LHG.
(e) Each power-operated isolation valve must be timed to close
sothat it will not produce a hydraulic shock capable of causing
failureof the line or equipment. Unless the layout of the piping allows
theisolation valve at the transfer manifold to close within 30
secondswithout creating excessive stresses on the system, the layout
must bereconfigured to reduce the stresses to a safe level.
(f) Each waterfront facility handling LHG that transfers to orfrom a
vessel requiring vapor return during transfer must be equippedwith a
vapor return line designed to attach to the vessel's vaporconnection.
(g) Where two or more LHGs are loaded or unloaded at the
samefacility, each manifold must be identified or marked to indicate
eachLHG it handles.
(h) Each pipeline used to transfer flammable liquids or vaporsmust
be provided with precautions against static, lightning, and straycurrent
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
thetransfer of LHG or its vapors to or from a vessel must--
[[Page 39]]
(1) Be made of materials resistant to each LHG transferred, inboth
the liquid and vapor state (if wire braid is used forreinforcement, the
wire must be of corrosion-resistant material, suchas stainless steel);
(2) Be constructed to withstand the temperature and
pressureforeseeable during transfer, with a MAWP not less than the
maximumpressure 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 fivetimes
the MAWP;
(4) Have--
(i) Full-threaded connections;
(ii) Flanges that meet ANSI B16.5; or
(iii) Quick connect couplings that are acceptable to theCommandant;
(5) Be adequately supported against the weight of its
constituentparts, the LHG, and any ice formed on it;
(6) Have no kinks, bulges, soft spots, or other defects that willlet
it leak or burst under normal working pressure; and
(7) Have a permanently attached nameplate that indicates,
orotherwise 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,
itsminimum service temperature.
(b) Each loading arm used for the transfer of LHG or its vapormust--
(1) Be made of materials resistant to each LHG transferred, inboth
the liquid and vapor state;
(2) Be constructed to withstand the temperature and
pressureforeseeable during transfer;
(3) Be adequately supported against the weight of its
constituentparts, the LHG, and any ice formed on it;
(4) Be provided with an alarm to indicate when it is approachingthe
limits of its extension, unless the examined Operations Manualrequires a
person to perform the same function; and
(5) Have a permanently attached nameplate that indicates,
orotherwise 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
newconstruction in the marine transfer area for LHG of each
existingfacility, must comply with the standards for seismic design
andconstruction 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 eachexisting
facility, except moorings and breasting dolphins, thatsupports or is
within 4.5 meters (14.8 feet) of any pipe or equipmentcontaining a
flammable LHG, or that is within 15 meters (49.2 feet) ofa 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 newconstruction
in the marine transfer area for LHG of each existingfacility, must
comply with the following:
(a) Each building, shed, and other structure within each
marinetransfer area for LHG must be located, constructed, or ventilated
toprevent the accumulation of flammable or toxic gases within
thestructure.
(b) Each impounding space for flammable LHGs located within thearea
must be designed and located so that the heat flux from a fireover the
impounding space does not cause, to a vessel, damage thatcould prevent
the vessel's movement.
(c) Each manifold, loading arm, or independent mating flange mustbe
located at least 60 meters (197 feet) from each of the
followingstructures, if that structure is intended primarily for the use
of thegeneral public or of railways:
(1) A bridge crossing a navigable waterway.
(2) The entrance to, or the superstructure of, a tunnel under
anavigable waterway.
(d) Each manifold, loading arm, or independent mating flange mustbe
located at least 30 meters (98.5 feet) from each public roadway
orrailway.
[[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 ofLHG
take place between sunset and sunrise, must have outdoor lightingthat
illuminates the marine transfer area for LHG.
(b) All outdoor lighting must be located or shielded so that
itcannot be mistaken for any aids to navigation and does not
interferewith navigation on the adjacent waterways.
(c) The outdoor lighting must provide a minimum averageillumination
on a horizontal plane 1 meter (3.3 feet) above thewalking 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 marinetransfer
area for LHG.
Sec. 127.1111 Communication systems.
(a) The marine transfer area for LHG must possess a
communicationsystem that enables continuous two way voice communication
between theperson in charge of transfer aboard the vessel and the person
incharge of transfer for the facility.
(b) The communication system required by paragraph (a) of
thissection may consist either of fixed or portable telephones or
ofportable radios. The system must be usable and effective in all
phasesof the transfer and all weather at the facility.
(c) Devices used to comply with paragraph (a) of this sectionduring
the transfer of a flammable LHG must be listed as intrinsicallysafe by
Underwriters Laboratories, Inc., Factory Mutual ResearchCorporation, or
other independent laboratory recognized by NFPA, foruse in the hazardous
location in which it is used.
Sec. 127.1113 Warning signs.
(a) The marine transfer area for LHG must have warning signsthat--
(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
thefollowing 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 OpenLights'' may be omitted
when the product being transferred isnot flammable.
Equipment
Sec. 127.1203 Gas detection.
(a) Each waterfront facility handling LHG that transfers aflammable
LHG must have at least two portable gas detectors, or afixed gas
detector, in the marine transfer area for LHG. Each detectormust be
capable of indicating whether the concentration of flammablevapors
exceeds 30% of the Lower Flammable Limit for each flammableproduct being
transferred and must meet ANSI S12.13, Part I.
(b) Each waterfront facility handling LHG that transfers a toxicLHG,
other than anhydrous ammonia, must have at least two portable
gasdetectors, or a fixed gas detector, available in the area.
Thedetectors must be capable of showing whether the concentration of
eachtoxic LHG being transferred is above, at, or below any
PermissibleExposure Limit listed in 29 CFR 1910.1000, Table Z-1 orZ-2.
(c) Each gas detector required by paragraph (a) or (b) of
thissection must serve to detect leaks, check structures for
gasaccumulations, and indicate workers' exposure to toxic gases in
thearea.
[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 orfrom
a vessel must have a quick-closing shutoff valve to stop the flowof
liquid and vapor from the waterfront facility handling LHG if atransfer
hose or loading
[[Page 41]]
arm fails. This valve may be theisolation valve with a bleed connection
required bySec. 127.1101(c).
(b) The valve required by paragraph (a) of this section must
belocated as near as practicable to the terminal manifold or loading-
armconnection 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
controlledclosing; 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 thatperforms the same
function.
(c) A remote actuator for each valve must be located in a
placeaccessible in an emergency, at least 15 meters (49.2 feet) from
theterminal manifold or loading arm, and conspicuously marked with
itsdesignated function. When activated, the actuator must
alsoautomatically shut down any terminal pumps or compressors used
totransfer 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
orflashing amber light that is visible for at least 1,600 meters (1mile)
from the transfer connection in all directions.
(b) Each marine transfer area for LHG must also have a siren thatis
audible for at least 1,600 meters (1 mile) from the transferconnection
in all directions.
(c) Each light and siren required by this section must be locatedso
as to minimize obstructions. If any obstruction will prevent any ofthese
alarms from meeting paragraph (a) or (b) of this section, theoperator of
the waterfront facility handling LHG shall propose forapproval by the
local COTP additional or alternative warning devicesthat 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
forrespiratory protection for each employee of the facility in the
marinetransfer area for LHG during the transfer of one or more of
thefollowing 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
atleast 5 minutes.
Operations
Sec. 127.1301 Persons in charge of transfers for the facility: Qualificationsand certification.
(a) No person may serve, or use the services of any person, as
aperson in charge of transfers for the facility regulated under
thissubpart, unless that person--
(1) Has at least 48 hours' transfer experience with each LHG
beingtransferred;
(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
theexamined Emergency Manual.
(b) Before a person in charge of transfers for a waterfrontfacility
handling LHG supervises a transfer of LHG, the operator ofthe facility
shall certify in writing that that person has met therequirements in
paragraph (a) of this section. The operator shallensure that a copy of
each current certification is available forinspection 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 shallensure
that each person assigned to act as a person in charge oftransfers for
the facility has training in the following subjects:
(1) Properties and hazards of each LHG being transferred to orfrom
the facility.
(2) Use of the gas detectors required by Sec. 127.1203.
[[Page 42]]
(3) Use of the equipment for respiratory protection requiredby Sec.
127.1209.
(4) Basic firefighting procedures, including the use of theportable
fire extinguishers required by Sec. 127.1503.
(5) Content and use of the examined Operations Manual and
examinedEmergency Manual.
(6) The configuration and limitations of cargo systems of
LHGvessels.
(7) Procedures for transferring LHG to and from LHG vessels.
(8) Procedures for response to a release of the LHG handled by
thefacility.
(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
ishandled 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
thissection shall receive refresher training in the same subjects at
leastonce every 5 years.
(c) The operator shall maintain, for each person trained, a recordof
all training provided under paragraphs (a) and (b) of this section.The
operator shall retain these records for the duration of theperson's
employment on the waterfront facility plus 12 months.
(d) Training conducted to comply with the hazard
communicationprograms required by the Occupational Safety and Health
Administration(OSHA) of the Department of Labor [29 CFR 1910.120] or
theEnvironmental Protection Agency (EPA) [40 CFR 311.1] may be used
tosatisfy the requirements in paragraph (a) of this section, so far
asthe training addresses the requirements in paragraph (a) of
thissection.
Sec. 127.1303 Compliance with suspension order.
If the COTP issues to the owner or operator of a waterfrontfacility
handling LHG an order to suspend a transfer, no transfer maytake 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 vaportransfer
system, including each mooring area, transfer connection, and(where
installed) control room, and a diagram of the piping andelectrical
systems;
(b) The duties of each person assigned to transfers;
(c) The maximum relief-valve setting or MAWP of the transfersystem;
(d) The telephone numbers of supervisors, persons in charge
oftransfers for the facility, persons on watch in the marine
transferarea for LHG, and security personnel of the facility;
(e) A description for each security system provided for thetransfer
area;
(f) A description of the training programs established underSec.
127.1302;
(g) The procedures to follow for security violations; and
(h) For each LHG handled, the procedures for transfer thatinclude--
(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
itsvapors;
(iv) The procedures for response to a release of the LHG; and,
(v) If the LHG is flammable, the procedures for fighting a
fireinvolving the LHG or its vapors;
(2) A description of the emergency shutdown required bySec.
127.1205;
(3) The procedures for emergency shutdown;
[[Page 43]]
(4) A description of the number, kind, place, and use of thefire
equipment required by Sec. 127.1501(a) and of theportable fire
extinguishers required by Sec. 127.1503;
(5) The telephone numbers of local Coast Guard units, hospitals,fire
departments, police departments, and other emergency-
responseorganizations;
(6) If the facility has personnel shelters, the place of
andprovisions in each shelter;
(7) If the facility has first-aid stations, the location of
eachstation;
(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 requiredby
OSHA in 29 CFR 1910.38 may be used to comply with this section tothe
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
ensurethat--
(a) No transfer is conducted unless the facility has an
examinedOperations Manual and an examined Emergency Manual;
(b) Each transfer is conducted in accordance with the
examinedOperations Manual; and
(c) Each emergency response is conducted in accordance with
theexamined Emergency Manual.
Sec. 127.1311 Motor vehicles.
(a) When LHG is being transferred or stored in the marine
transferarea of a waterfront facility handling LHG, the operator shall
ensurethat no person--
(1) Stops or parks a motor vehicle in a space other than adesignated
parking space;
(2) Refuels a motor vehicle within the area; or
(3) Operates a vehicle or other mobile equipment that constitutesa
potential source of ignition within 15 meters (49.2 feet) of anystorage
container, manifold, loading arm, or independent mating flangecontaining
a flammable liquid or vapor.
(b) If motor vehicles are permitted to stop in the marine
transferarea for LHG, the operator shall designate and mark parking
spacesthat--
(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
storagecontainer, manifold, loading arm, or independent mating
flangecontaining a flammable liquid or vapor.
Sec. 127.1313 Storage of hazardous materials.
(a) Each operator of a waterfront facility handling LHG shallensure
that no materials listed in the table of hazardous materialsunder 49 CFR
172.101, except for the following, are stored in themarine transfer area
for LHG:
(1) The LHG being transferred.
(2) Fuel required by the vessel, or by emergency equipment in
thearea.
(3) Oily wastes received from vessels.
(4) Solvents, lubricants, paints and similar materials in theamount
required for one day's operations and maintenance.
(b) The operator shall ensure that flammable liquids not stored
inbulk 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
thefacility shall--
(a) Inspect piping and equipment within the marine transfer areafor
LHG to be used for transfer and ensure that it meets therequirements in
this part;
(b) Determine the contents, pressure, temperature, and capacity
ofeach storage tank to or from which LHG will be transferred, to
ensurethat it is safe for transfer;
(c) Confer with the person in charge of transfer aboard thevessel,
to review and agree on--
(1) The sequence of acts required for transfer;
[[Page 44]]
(2) The rate, maximum working pressure, and minimum
workingtemperature of transfer;
(3) The duties, stations, and watches of each person assigned
fortransfer; and
(4) The emergency procedures in the examined Emergency Manual;
(d) Ensure that the vessel is securely moored and that thetransfer
connections allow it to move to the limits of its mooringswithout
placing a strain on the piping, hose, or loading arm used fortransfer;
(e) Ensure that each part of the transfer system is aligned toallow
the flow of LHG to the desired place;
(f) Ensure the display of the warning signs required bySec.
127.1113;
(g) Ensure that the requirements of this part concerning smokingand
fire protection are met;
(h) Ensure that qualified personnel are on duty in accordance
withthe examined Operations Manual and Sec. Sec. 127.1301 and127.1302;
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 shallensure
that no person transfers LHG to or from a vessel until aDeclaration of
Inspection that meets paragraph (c) of this section isexecuted and
signed by both the person in charge aboard the vessel andthe person in
charge for the facility.
(b) No person in charge of transfer for the facility may sign
theDeclaration unless that person has fulfilled the requirements ofSec.
127.1315 and has indicated fulfillment of eachrequirement by writing his
or her initials in the appropriate space onthe 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 theinitials of
both the person in charge aboard the vessel and the personin charge for
the facility after each requirement, indicating thefulfillment of the
requirement;
(4) The signatures of both the person in charge aboard the vesseland
the person in charge for the facility, and the date and time ofsigning,
indicating that they are both ready to begin transfer; and
(5) The signature of each relief person in charge and the date
andtime of each relief.
(d) The person in charge of transfer for the facility shall giveone
signed copy of the Declaration to the person in charge of transferaboard
the vessel and retain the other.
(e) Each operator of a facility shall retain a signed copy of
theDeclaration at the facility for 30 days after the transfer.
Sec. 127.1319 Transfer of LHG.
(a) The operator of a waterfront facility handling LHG shallnotify
the COTP of the time and place of each transfer of LHG in bulkat least 4
hours before it begins.
(b) During transfer, each operator of a waterfront facilityhandling
LHG shall ensure that--
(1) The marine transfer area for LHG is under the supervision of
aperson in charge certified for transfers of LHG, who has no
otherassigned duties during the transfer;
(2) The person in charge supervises transfers only to or from
onevessel at a time unless authorized by the COTP.
(3) No person transferring fuel or oily waste is involved in
thetransfer; and
(4) No vessel is moored outboard of any LHG vessel unless allowedby
the COTP or the examined Operations Manual of the facility.
(c) During transfer, each person in charge of transfer for
thefacility shall--
(1) Maintain communication with the person in charge of
transferaboard the LHG vessel;
(2) Ensure that an inspection of the transfer piping and
equipmentfor leaks, frost, defects, and other threats to safety takes
place atleast once every transfer;
(3) Ensure that--
(i) Transfer of LHG is discontinued as soon as a release or fireis
detected in the area or aboard the vessel; and
[[Page 45]]
(ii) Transfer of flammable LHG is discontinued when electricalstorms
or uncontrolled fires approach near the area; and
(4) Ensure that the outdoor lighting required bySec. 127.1109 is
turned on between sunset and sunrise.
(d) Upon completion of transfer of LHG, each operator of awaterfront
facility handling LHG shall ensure that hoses and loadingarms used for
transfer are drained of LHG residue and depressurizedbefore
disconnecting from the vessel.
Note to Sec. 127.1319: Corresponding standards forvessels appear at
46 CFR part 154.
Sec. 127.1321 Release of LHG.
(a) Each operator of a waterfront facility handling LHG shallensure
that--
(1) No person intentionally releases LHG into the environment; and
(2) If a release of LHG or its vapor threatens vessels or
personsoutside the marine transfer area for LHG, they are notified by
thewarning devices.
(b) If LHG or its vapor is released, the person in charge oftransfer
for the facility shall--
(1) Immediately notify the person in charge of transfer aboard
thevessel that transfer must be shut down;
(2) Shut down transfer in coordination with the person aboard
thevessel;
(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
ensurethat--
(a) Access to the marine transfer area for LHG from shoreside
andwaterside is limited to--
(1) Personnel who work in the area, transfer personnel,
vesselpersonnel, and delivery and service personnel in the course of
theirbusiness;
(2) Federal, State, and local officials; and
(3) Other persons authorized by the operator;
(b) Each person allowed into the area is positively identified
assomeone authorized to enter and that each person other than anemployee
of the facility displays an identifying badge;
(c) Guards are stationed, and fences or other devices areinstalled,
to prevent, detect, and respond to unauthorized access,fires, and
releases of LHG in the area, except that alternativemeasures approved by
the COTP (such as electronic monitoring or randompatrols) will be
sufficient where the stationing of guards isimpracticable; and
(d) Coast Guard personnel are allowed access to the facility, atany
time, to make any examination or to board any vessel moored at
thefacility.
Maintenance
Sec. 127.1401 General.
Each operator of a waterfront facility handling LHG shall ensurethat
all cargo handling equipment is operable, and that no equipmentthat may
cause the release or ignition of LHG is used in the marinetransfer area
for LHG.
Sec. 127.1403 Inspections.
(a) Each operator of a waterfront facility handling LHG shallconduct
a visual inspection for defects of each pressure relief devicenot
capable of being tested.
(b) The operator shall conduct the inspection required byparagraph
(a) of this section at least once each calendar year, withintervals
between inspections not exceeding 15 months.
Sec. 127.1405 Repairs.
Each operator of a waterfront facility handling LHG shall
ensurethat--
(a) Equipment is repaired so that--
(1) The equipment continues to meet the applicable requirements
inthis 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 shallconduct
a static liquid-pressure test of the piping, hoses, andloading arms of
the LHG-transfer system located in the marine transferarea for LHG, and
shall verify the set pressure of the safety andrelief 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
testsnot exceeding 15 months.
(b) The pressure for the test under paragraph (a) of this
sectionmust 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,
toensure that the displayed pressure is within 10 percent of the
actualpressure, at least once each calendar year, with intervals
betweentests not exceeding 15 months.
(d) The operator shall conduct a test of each item of
remoteoperating or indicating equipment, such as a remotely operated
valve,at least once each calendar year, with intervals between tests
notexceeding 15 months.
(e) The operator shall conduct a test of the emergency
shutdownrequired by Sec. 127.1205 at least once every two months,
toensure that it will perform as intended. If transfers of LHG occurless
often than every two months, the operator may conduct this testbefore
each transfer instead of every two months.
(f) The operator shall conduct a test of the warning alarmrequired
by Sec. 127.1207 at least once every six months, toensure that it will
perform as intended. If transfers of LHG occurless often than every six
months, the operator may conduct this testbefore each transfer instead
of every six months.
Sec. 127.1409 Records.
(a) Each operator of a waterfront facility handling LHG shall keepon
file:
(1) A description of the components inspected or tested underSec.
127.1403 or 127.1407.
(2) The date and results of each inspection or test underSec.
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 repairto
the LHG transfer system or its valves.
(b) The operator shall keep this information on file for at least24
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
anevaluation based upon sound principles of fire-protection
engineering,analysis of local conditions, hazards within the waterfront
facilityhandling LHG, and exposure to other property. A description of
thenumber, kind, place, and use of fire equipment determined by
thisevaluation must appear in the Emergency Manual for each facility.
Theevaluation for each new facility and for all new construction on
eachexisting facility must be submitted to the COTP for review when
theemergency manual is submitted under Sec. 127.1307.
(b) All fire equipment for each facility must be
adequatelymaintained, and periodically inspected and tested, so it will
performas intended.
(c) The following must be red or some other conspicuous color andbe
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,
ofUnderwriters Laboratories, Inc., Factory Mutual Research
Corporation,or other independent laboratory recognized by NFPA.
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byUSCG-1999-5832, 64
FR 34714, June 29, 1999]
Sec. 127.1503 Portable fire extinguishers.
Each operator of a waterfront facility handling LHG must
provideportable fire extinguishers of appropriate, number, size, and
kind inthe 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 foremergency
response and rescue pending the arrival
[[Page 47]]
of resources forfirefighting or pollution control. Response and rescue
may beperformed by facility personnel or by an off-site organization.
(1) If response and rescue are performed by facility
personnel,appropriate training and equipment for personnel protection
must befurnished to those personnel. Training and equipment that meets
29 CFR1910.120, hazardous-waste operations and emergency response, will
beappropriate.
(2) If response and rescue are performed by an off-siteorganization,
the organization must enter into a written agreementwith the facility
indicating the services it will perform and the timewithin 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 ofwater
and a means for distributing and applying the water to protectpersonnel;
to cool storage tanks, equipment, piping, and vessels; andto control
unignited leaks and spills in the marine transfer area forLHG except
when the evaluation required by Sec. 127.1501(a)indicates otherwise.
The evaluation must address fire protection forstructures, cargo, and
vessels. Each water system must include on thepier or wharf at least one
2\1/2\-inch supply line, one 2\1/2\-inchfire hydrant, and enough 2\1/2\-
inch hose to connect the hydrant tothe vessel.
(b) Each water system must fully and simultaneously supply, for
atleast 2 hours, all fixed fire-protection systems, including
monitornozzles, at their designed flow and pressure for the worst
singleincident 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
waterfrontfacility handling LHG that transfers a flammable LHG, portable
orwheeled fire extinguishers suitable for gas fires, preferably
drychemical extinguishers, must be available at strategic sites,
asdetermined by the evaluation required by Sec. 127.1501(a).
(b) Fixed systems for extinguishing or controlling fires may
beappropriate for protection against particular hazards. The
evaluationrequired by Sec. 127.1501(a) may specify the use of one
ormore 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 flagvessels
must have an international shore connection meeting therequirements of
ASTM F 1121 (incorporated by reference, seeSec. 127.003).
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byUSCG-2000-7223, 65
FR 40057, June 29, 2000]
Fire Protection
Sec. 127.1601 Smoking.
Each operator of a waterfront facility handling LHG shall ensurethat
no person smokes in the marine transfer area for LHGunless--
(a) Neither flammable LHG nor its vapors are present in the area;and
(b) The person is in a place designated and marked in accordancewith
local law.
Sec. 127.1603 Hotwork.
Each operator of a waterfront facility handling LHG shall ensurethat
no person conducts welding, torch cutting, or other hotwork onthe
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 ensurethat
in the marine transfer area for LHG--
(a) There are no open fires or open flame lamps;
[[Page 48]]
(b) Heating equipment will not ignite combustible material;
(c) Each chimney and appliance has a spark arrestor if it usessolid
fuel or is located where sparks may ignite combustible material;and
(d) All rubbish, debris, and waste go into appropriatereceptacles.
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byCGD 97-023, 62 FR
33363, June 19, 1997]
PART 128_SECURITY OF PASSENGER TERMINALS--Table of Contents
Subpart A_General
Sec.
128.100 Does this part apply to me?
128.110 Definitions.
128.120 Incorporation by reference.
Subpart B_Security Program
128.200 What must my Terminal Security Plan cover?
128.210 What are the responsibilities of my terminalsecurity officer?
128.220 What must I do to report an unlawful act and relatedactivity?
Subpart C_Plans and Procedures for Terminal Security
128.300 What is required to be in a Terminal Security Plan?
128.305 Who must submit a Terminal Security Plan?
128.307 What is the procedure for examination?
128.309 What do I do if I need to amend my Terminal SecurityPlan?
128.311 What is my right of 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 clarificationof part 128,
see 61 FR 51597, Oct. 3, 1996.
Subpart A_General
Sec. 128.100 Does this part apply to me?
This part applies to all passenger terminals in the United Statesor
its territories when being used for the assembling,
processing,embarking, or disembarking of passengers or baggage for
passengervessels over 100 gross tons, carrying more than 12 passengers
forhire; making a voyage lasting more than 24 hours, any part of which
ison the high seas. It does not apply to terminals when serving
ferriesthat hold Coast Guard Certificates of Inspection endorsed
for``Lakes, Bays, and Sounds'', and that transitinternational waters for
only short periods of time, on frequentschedules.
Sec. 128.110 Definitions.
The definitions in part 120 of this chapter apply to this
part,except for the definition of You. As used in this part:
You means the owner or operator of a passenger terminal.
[CGD 91-012, 63 FR 53591, Oct. 6, 1998]
Sec. 128.120 Incorporation by reference.
(a) Certain material is incorporated by reference into this partwith
the approval of the Director of the Federal Register inaccordance with 5
U.S.C. 552(a) and 1 CFR Part 51. To enforce anyedition other than that
specified in paragraph (b) of this section,the Coast Guard must publish
notice of change in the FederalRegister and must make the material
available to the public. Allapproved material may be inspected at the
U.S. Coast Guard, (G-MSE),2100 Second Street SW., Washington, DC, and at
the National Archivesand Records Administration (NARA). For information
on the availabilityof this material at NARA, call 202-741-6030, or go
to:http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. Copies may be obtained from IMO, 4
AlbertEmbankment, London SE1 7 SR.
(b) The materials approved for incorporation by reference in
thispart and the sections affected are:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
MSC Circular 443, Measures to Prevent Unlawful Acts AgainstPassengers
and Crews on Board Ships September 26, 1986--128.220,128.300
[CGD 91-012, 61 FR 37654, July 18, 1996, as amended byUSCG-2002-12471,
67 FR 41332, June 18, 2002; 69 FR18803, Apr. 9, 2004]
[[Page 49]]
Subpart B_Security Program
Sec. 128.200 What must my Terminal Security Plan cover?
(a) If this part applies to your passenger terminal, you
mustimplement for that terminal a program that--
(1) Provides for the safety and security of persons and propertyin
the terminal and aboard each passenger vessel subject to part 120of this
chapter moored at the terminal, against unlawful acts;
(2) Prevents or deters the carriage aboard any such vessel mooredat
the terminal of any prohibited weapon, incendiary, or explosive onor
about any person or within his or her personal articles or baggage,and
the carriage of any prohibited weapon, incendiary, or explosive instowed
baggage, cargo, or stores;
(3) Prevents or deters unauthorized access to any such vessel andto
restricted areas in the terminal;
(4) Provides appropriate security measures for Security Levels I,II,
and III that allow for increases in security when the Commandantor
Captain of the Port (COTP) advises you that a threat of an unlawfulact
exists and may affect the terminal, a vessel, or any person aboardthe
vessel or terminal;
(5) Designates, by name, a security officer for the terminal;
(6) Provides for the evaluation of all security personnel of
theterminal, before hiring, to determine suitability for employment; and
(7) Provides for coordination with vessel security while
anypassenger vessel subject to part 120 of this chapter is moored at
theterminal.
(b) If this part applies to your passenger terminal, you must
workwith the operator of each passenger vessel subject to part 120 of
thischapter, to provide security for the passengers, the terminal, and
thevessel. You need not duplicate any provisions fulfilled by the
vesselunless directed to by the COTP. When a provision is fulfilled by
avessel, the applicable section of the Terminal Security Plan requiredby
Sec. 128.300 must refer to that fact.
[CGD 91-012, 63 FR 53591, Oct. 6, 1998]
Sec. 128.210 What are the responsibilities of my terminal security officer?
(a) If this part applies to your passenger terminal, you
mustdesignate a security officer for the terminal.
(b) This officer must ensure that--
(1) An initial comprehensive security survey is conducted
andupdated;
(2) The Terminal Security Plan required by Sec. 128.300is
implemented and maintained, and that amendments to correct
itsdeficiencies and satisfy the security requirements of the terminal
areproposed;
(3) Adequate training for personnel responsible for security
isprovided;
(4) Regular security inspections of the terminal are conducted;
(5) Vigilance is encouraged, as well as is general awareness
ofsecurity, at the terminal;
(6) All occurrences or suspected occurrences of unlawful acts
andrelated activities are reported under Sec. 128.220 andrecords of the
incident are maintained; and
(7) Coordination, for implementation of the Terminal Security
Planrequired by Sec. 128.300, takes place with the vesselsecurity
officer of each vessel that embarks or disembarks passengersat the
terminal.
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
Sec. 128.220 What must I do to report an unlawful act and related activity?
(a) Either you or the terminal security officer must report
eachbreach of security, unlawful act, or threat of an unlawful act
againstthe terminal, a passenger vessel subject to part 120 of this
chapterdestined for or moored at that terminal, or any person aboard
theterminal or vessel, to the COTP, to the local office of the
FederalBureau of Investigation (FBI), and to the local police agency
havingjurisdiction over the terminal.
(b) Either you or the terminal security officer must file awritten
report of the incident using the form ``Report on anUnlawful Act,''
contained in IMO MSC Circular 443, as soon aspossible, to the local
COTP.
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
[[Page 50]]
Subpart C_Plans and Procedures for Terminal Security
Sec. 128.300 What is required to be in a Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you
mustdevelop and maintain, in writing, for that terminal, an
appropriateTerminal Security Plan that articulates the program required
bySec. 128.200.
(b) The Terminal Security Plan must be developed and maintainedunder
the guidance in IMO MSC Circular 443 and must address thesecurity of
passengers aboard passenger vessels subject to part 120 ofthis chapter,
of members of crews of such vessels, and of employees ofthe terminal, by
establishing security measures to take for SecurityLevels I, II, and
III, to--
(1) Deter unauthorized access to the terminal and its
restrictedareas 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
anypassenger vessel moored at the terminal;
(3) Encourage vigilance, as well as general awareness of security,at
the terminal;
(4) Provide adequate security training to employees of theterminal;
(5) Coordinate responsibilities for security with the operator
ofeach 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) You must amend the Terminal Security Plan to address any
knowndeficiencies.
(d) You must restrict the distribution, disclosure, andavailability
of information contained in the Terminal Security Plan tothose persons
with an operational need to know.
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
Sec. 128.305 Who must submit a Terminal Security Plan?
(a) The owner or operator of the vessel must submit a
TerminalSecurity Plan whenever--
(1) There is an agreement with you that the owner or operator ofthe
vessel will submit the Plan;
(2) The owner or operator of the vessel has exclusive use of thepier
and terminal building immediately adjacent to the pier and hascomplete
control of that area;
(3) There is no terminal; or
(4) Passengers embark or disembark but no baggage or stores
areloaded or offloaded.
(b) In the situations described in paragraphs (a)(3) and (4) ofthis
section, the owner or operator of the vessel may, with thepermission of
the cognizant COTP, use an annex to the vessel'ssecurity plan instead of
a Terminal Security Plan.
(c) You must submit a Terminal Security Plan whenever--
(1) There is an agreement with the owner or operator of the
vesselthat you will submit the Plan;
(2) No security agreement exists; or
(3)(i) At least one vessel other than a passenger vessel uses
theterminal;
(ii) More than one passenger vessel line uses the terminal; or
(iii) The terminal loads or offloads baggage or stores.
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
Sec. 128.307 What is the procedure for examination?
(a) Unless a plan for your passenger terminal will be submitted byan
entity other than yourself under Sec. 128.305 orSec. 120.303 of this
chapter, you must submit two copies ofeach Terminal Security Plan
required by Sec. 128.300 to theCOTP for examination at least 60 days
before transferring passengersto or from a vessel subject to part 120 of
this chapter.
(b) If the COTP finds that the Terminal Security Plan meets
therequirements of Sec. 128.300, he or she will return a copyto you
marked ``Examined by the Coast Guard.''
(c) If the COTP finds that the Terminal Security Plan does notmeet
the requirements of Sec. 128.300, he or she will returnthe Plan with an
explanation of why it does not meet them.
(d) No terminal subject to this part may transfer passengers to
orfrom a passenger vessel subject to part 120 of this chapter, unless
itholds either a
[[Page 51]]
Terminal Security Plan that we have examined or aletter from the COTP
stating that we are currently reviewing the Planand that normal
operations may continue until the COTP has determinedwhether the Plan
meets the requirements of Sec. 128.300.
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
Sec. 128.309 What do I do if I need to amend my Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you
mustamend your Terminal Security Plan when directed by the COTP, and
mayamend it on your own initiative.
(b) You must submit each proposed amendment to the TerminalSecurity
Plan you initiate to the COTP for review at least 30 daysbefore the
amendment is to take effect, unless he or she allows ashorter period.
The COTP will examine the amendment and respondaccording to Sec.
128.307.
(c) The COTP may direct you to amend your Terminal Security Planif
he or she determines that implementation of the Plan is notproviding
effective security. Except in an emergency, he or she willissue you a
written notice of matters to address and will allow you atleast 60 days
to submit proposed amendments.
(d) If there is an emergency or other circumstance that makes
theprocedures in paragraph (c) of this section impracticable, the
COTPmay give you an order to implement increases in security
immediately.The order will incorporate a statement of the reasons for
it.
[CGD 91-012, 63 FR 53593, Oct. 6, 1998]
Sec. 128.311 What is my right of appeal?
Any person directly affected by a decision or action taken by
theCOTP under this part, may appeal that action or decision to
thecognizant District Commander according to the procedures in 46
CFR1.03-15; the District Commander's decision on appeal may befurther
appealed to the Commandant according to the procedures in 46CFR 1.03-25.
[CGD 91-012, 61 FR 37654, July 18, 1996. Redesignatedby CGD 91-012, 63
FR 53592, Oct. 6, 1998]
[[Page 53]]
INDEX
SUBCHAPTER L_WATERFRONT FACILITIES
Editorial Note: This listing is provided forinformational purposes
only. It is compiled and kept up-to-date by theCoast Guard, Department
of Homeland Security, and is revised throughJuly 1, 2008.
Section
A
Access to waterfront facilities, and port and harbor
areas,including vessels and harbor craft therein..................125.15
Action by the Commandant..........................................125.45
Action by the Commandant, after appeal............................125.49
Alternatives.....................................................127.017
Appeal(s)................................................125.47, 127.015
Appeal, right to.................................................128.311
Applicability...........................................127.001, 128.100
Applications......................................................125.21
Applications, aliens..............................................125.25
Applications, challenges to.......................................125.41
Applications, insufficient information............................125.29
Applications, previously denied...................................125.57
Applications, sponsorship.........................................125.27
Applications, United States citizens..............................125.23
Approval of applicant by Commandant...............................125.31
B
Bulk storage.....................................................127.313
C
Captain of the Port...............................................125.05
Identification Cards..............................................125.13
Cargoes
Ammonium nitrate, ammonium nitrate fertilizers,
fertilizermixtures, or nitro carbo nitrate; general provisions....126.28
Cargoes of particular hazard.......................................126.3
Dangerous cargo....................................................126.3
Designated dangerous cargo.........................................126.3
Supervision and control...........................................126.29
Challenges........................................................125.41
Coast Guard Port Security Card
Form of...........................................................125.11
Holders of........................................................125.33
Outstanding applications..........................................125.55
Period of validity................................................125.12
Persons eligible..................................................125.17
Replacement of lost card..........................................125.51
Standards.........................................................125.19
Commandant, action by the.........................................125.45
[[Page 54]]
After appeal......................................................125.49
Approval of applicant.............................................125.31
Commandant,.......................................................125.01
Notice by.........................................................125.35
Communications systems...........................................127.111
D
Definitions......................................126.3, 127.005, 128.110
Design and construction..........................................127.101
Design and Construction
Communications systems..........................................127.1111
Electrical systems..............................................127.1107
Layout and spacing of marine transfer area for LHG..............127.1105
Lighting systems................................................127.1109
Piers and wharves...............................................127.1103
Piping systems..................................................127.1101
Transfer hoses and loading arms.................................127.1102
Warning signs...................................................127.1113
District Commander................................................125.03
E
Electrical power systems.........................................127.107
Equipment
Emergency shutdown.....................................127.205, 127.1205
Gas detectors, portable................................127.203, 127.1203
Respiratory protection..........................................127.1209
Sensing and alarm systems........................................127.201
Warning alarms.........................................127.207, 127.1207
F
Facilities
Arrangement of..............................................126.15(b)(1)
Designated waterfront facility....................................126.13
Designated waterfront facility, conditions for....................126.15
Designation of....................................................126.13
Electrical wiring...........................................126.15(b)(3)
``Facility of particular hazard'', conditions fordesignating......126.16
Fire extinguishing equipment................................126.15(a)(1)
Guards (Facilities).........................................126.15(a)(7)
Heating equipment and open fires............................126.15(b)(4)
Lighting....................................................126.15(a)(4)
Maintenance stores and supplies.............................126.15(b)(5)
Rubbish and waste material.................................126.15(a)(11)
Smoking....................................................126.15(a)(10)
Warning alarms.................................................126.16(b)
Firefighting/Firefighting Equipment
Dry chemical systems.............................................127.609
Emergency outfits................................................127.605
Emergency response and rescue...................................127.1505
Equipment for controlling and extinguishing fires...............127.1509
Fire equipment; general..........................................127.601
Fire main systems................................................127.607
Fires............................................................127.615
General.........................................................127.1501
Hotwork..........................................................127.617
International shore connection.........................127.611, 127.1511
[[Page 55]]
Portable fire extinguishers............................127.603, 127.1503
Smoking..........................................................127.613
Water systems for fire protection...............................127.1507
Fire Protection
Hotwork.........................................................127.1603
Other sources of ignition.......................................127.1605
Smoking.........................................................127.1601
G
Great Lakes.......................................................125.08
H
Handling of class 1 (explosive) materials or other
dangerouscargoes within or contiguous to waterfront facilities......Part
126
Hearing(s)
Boards............................................................125.37
Procedure.........................................................125.43
Notice by.........................................................125.39
I
Identification Cards, Captain of the Port.........................125.13
Identification Credentials........................................125.09
Identification credentials for persons requiring access
towaterfront facilities or vessels..............................Part 125
Incorporation by reference.......................126.5, 127.003, 128.120
Inspections of waterfront facilities.............................127.011
International Maritime Organization.............................128.120a
L
Layout and spacing of marine transfer area for LNG...............127.105
Letter of intent.................................................127.007
Letter of recommendation.........................................127.009
Lighting systems.................................................127.109
M
Maintenance
General................................................127.401, 127.1401
Inspections............................................127.403, 127.1403
Records................................................127.409, 127.1409
Repairs................................................127.405, 127.1405
Testing................................................127.407, 127.1407
N
Notice by Commandant..............................................125.35
O
Operations
Bulk storage.....................................................127.313
Declaration of Inspection........................................127.317
Emergency Manual.......................................127.307, 127.1307
LNG release......................................................127.321
LNG transfer.....................................................127.319
Motor vehicles...................................................127.311
Operations Manual and Emergency Manual; use of...................127.309
[[Page 56]]
Operations Manual......................................127.305, 127.1305
Qualifications and certification of persons in charge of
shoresidetransfer operations...........................127.301, 127.1301
Suspension order, compliance with................................127.303
Suspension order, compliance with...............................127.1303
Training........................................................127.1302
Transfer inspection, preliminary.................................127.315
Operations Manual and Emergency Manual; Examinationprocedures....127.019
P
Penalties
Handling dangerous cargo without a permit.........................126.33
Handling designated dangerous cargo without a permit..............126.25
Permits
For handling dangerous cargo......................................126.27
For handling designated dangerous cargo...........................126.19
Termination of general permits....................................126.31
Termination or suspension of permits..............................126.23
Transactions......................................................126.21
Personnel Training
Applicability....................................................127.501
Training, general................................................127.503
Piers and wharves................................................127.103
Plan
Amendment........................................................128.309
Examination procedure............................................128.307
General..........................................................128.300
Port Security Card, form of.......................................125.11
Port Security Card, period of validity............................125.12
Port Security Card, Replacement of lost...........................125.51
Primary Responsibility............................................126.35
R
Reporting of unlawful acts and related activities................128.220
S
Security
Access to the marine transfer area for LNG.......................127.703
Communications...................................................127.711
On existing facilities...........................................127.701
Personnel........................................................127.707
Protective enclosures............................................127.709
Systems..........................................................127.705
Security of passenger terminals.................................Part 128
Separability......................................................126.37
Standards.........................................................125.19
Suspension of transfer operations................................127.013
T
Terminal security officer........................................128.210
U
United States citizens............................................125.23
[[Page 57]]
V
Vessel credential requirements....................................125.53
W
Warning signs....................................................127.113
Waterfront facility...............................................125.07
Waterfront Facilities handling Liquefied Hazardous Gas.........Subpart C
Waterfront Facilities handling Liquefied Natural Gas...........Subpart B
Waterfront facilities handling liquefied natural gas and
liquefiedhazardous gas..........................................Part 127
Applicability....................................................127.001
Western Rivers....................................................125.06
[[Page 58]]
SUBCHAPTER M_MARINE POLLUTION FINANCIAL RESPONSIBILITYAND COMPENSATION
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 responsibleparty.
133.25 Notification of Governor's designee.
Authority: 33 U.S.C. 2712(e); E.O. 12777 (3 CFR, 1991Comp., 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
torequest payments from the Oil Spill Liability trust Fund (the Fund)for
oil pollution removal costs under section 1012(d)(1) of the OilPollution
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 samemeaning
as set forth in section 1001 of the Act (33 U.S.C. 2701):``discharge'',
``exclusive economic zone'',``Fund'', ``incident'',
``NationalContingency 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 (33U.S.C. 2701
through 2719).
Director, NPFC, means the person in charge of the U.S. CoastGuard
National Pollution Funds Center or that person's
authorizedrepresentative.
NPFC means the U.S. Coast Guard National Pollution FundsCenter, 4200
Wilson Boulevard, suite 1000, Arlington, Virginia22203-1804.
On-Scene Coordinator or OSC means the Federal officialpredesignated
by the Environmental Protection Agency or the U.S. CoastGuard to direct
and coordinate all efforts for removal of a discharge,or the mitigation
or the prevention of a substantial threat of adischarge, of oil.
Removal action means an incident-specific activity takenunder this
part to contain or remove a discharge, or to mitigate orprevent a
substantial threat of a discharge, of oil.
Sec. 133.5 Requests: General.
(a) Upon a request submitted in accordance with this part by
theGovernor of a State or his or her designated State official, the
OSCmay obtain a Federal Project Number (FPN) and a ceiling not to
exceed$250,000 per incident for removal costs. The removal costs must be
forthe immediate removal of a discharge, or the mitigation or
preventionof a substantial threat of a discharge, of oil.
(b) Before a request under this part is made, the State
officialshall ensure that the procedures in the National Contingency
Plan (40CFR part 300) for notifying Federal authorities of the discharge
orthreat of discharge have been met.
(c) The Federal Grant and Cooperative Agreement Act of 1977
(31U.S.C. 6301-6308) and 49 CFR parts 18, 20, 29, and 90 apply toFund
monies obligated for payment under this part.
Sec. 133.7 Requests: Amount.
(a) The amount of funds that may be requested under thispart--
(1) Is limited to the amount anticipated for immediate removalaction
for a single oil pollution incident, but, in any event, may notexceed
$250,000 per incident;
(2) Must be for removal costs consistent with the
NationalContingency Plan; and
(3) Must be reasonable for the removal actions proposed,considering
such factors as quantity and composition of the oil,weather conditions
and
[[Page 59]]
customary costs of similar services in thelocale.
(b) The funds requested are obligated only to the extent they
aredetermined to be for immediate removal actions which are
reasonableand otherwise eligible for payment under this part.
Sec. 133.9 Requests: Where made.
Requests for access to the Fund under Sec. 133.5 must bemade 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
therequest shall--
(a) Indicate that the request is a State access request under 33CFR
part 133;
(b) Give his or her name, title, department, and State;
(c) Describe the incident in sufficient detail to allow
adetermination of jurisdiction, including at a minimum the date of
theoccurrence, type of product discharged, estimated quantity of
thedischarge, body of water involved, and proposed removal actions
forwhich 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 actionmust
meet the following:
(a) Must be for an incident, occurring after August 18, 1990,which
resulted in a discharge, or the substantial threat of adischarge, of oil
into or upon the navigable waters or adjoiningshorelines.
(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 hisor her discretion,
the OSC will determine whether the proposed removalactions meet the
requirements of Sec. 133.13. If necessary,the OSC may seek further
clarification of the proposed actions fromthe State official. The OSC
shall expeditiously notify the Stateofficial 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 withthe
OSC and conducted in accordance with the National ContingencyPlan.
Sec. 133.19 Recordkeeping.
(a) The State official shall maintain detailed records
ofexpenditures made from the funds provided under this part,
includingrecords of--
(1) Daily expenditures for each individual worker, giving
theindividual's name, title or position, activity performed, time
ontask, salary or hourly rate, travel costs, per diem, out-of-pocket
orextraordinary expenses, and whether the individual is
normallyavailable for oil spill removal;
(2) Equipment purchased or rented each day, with the daily orhourly
rate;
(3) Miscellaneous materials and expendables purchased each day;and
(4) Daily contractor or consultant fees, including costs for
theirpersonnel and contractor-owned or rented equipment, as well as that
ofany subcontractor.
(b) The State official shall submit a copy of these records and
asummary document stating the total of all expenditures made to theNPFC
official specified in Sec. 133.25(c) within thirty daysafter completion
of the removal actions. A copy of these documentsshall also be submitted
to the cognizant OSC.
(c) Upon request of the OSC or the NPFC, the State official
shallmake the original records available for inspection.
(d) If, after inspecting the records, the Director, NPFC,determines
that expenditures by a State official from funds obligatedunder this
part were not eligible for funding under this part and theexpenditures
were not made with the good faith understanding that theywere eligible
under this part, the Director, NPFC, may seekreimbursement to the Fund
from the State.
[[Page 60]]
Sec. 133.21 Records retention.
(a) The State official shall maintain all records for ten
yearsfollowing completion of the removal actions.
(b) If any litigation, claim, negotiation, audit, cost recovery,or
other action involving the records has been started before theexpiration
of the ten-year period, the records must be retained untilcompletion of
the action and resolution of all issues which arise fromit, or until the
end of the regular ten-year period, whichever islater.
Sec. 133.23 Investigation to determine the source and responsible party.
(a) The State official shall promptly make a thoroughinvestigation
to determine the source of the incident and theresponsible party.
(b) Upon completion of the investigation, the State official
shallforward the results of the investigation and copies of the
supportingevidence identifying the source and the responsible party to
both thecognizant OSC and the NPFC official specified inSec. 133.25(c).
Sec. 133.25 Notification of Governor's designee.
(a) If the Governor of a State anticipates the need to access
theFund under this part, he or she must advise the NPFC in writing of
thespecific individual who is designated to make requests under
thispart.
(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 mustbe
forwarded to the Chief, Case Management Division, NationalPollution
Funds Center, Suite 1000, 4200 Wilson Boulevard, Arlington,Virginia
22203-1804.
PART 135_OFFSHORE OIL POLLUTION COMPENSATIONFUND--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 FinancialResponsibility.
135.403 Sanctions for failure to produce vessel Certificatesof Financial
Responsibility.
135.405 Appeal provisions.
Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR54757; Department
of Homeland Security Delegation No. 0170.1, para.2(80).
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, andadministrative
practices regarding offshore oil pollution liabilityand compensation,
including the administration and general operationof the fund
established under Title III of the Outer Continental ShelfLands Act
Amendments of 1978 (Pub. L. 95-372, 43 U.S.C. 1811et. seq.).
Sec. 135.3 Applicability.
(a) This part applies to each person who:
(1) Owns oil obtained from the Outer Continental Shelf when theoil
in produced;
[[Page 61]]
(2) Owns, operates, or is the guarantor of the owner oroperator of
any vessel;
(3) Owns, operates, or is the guarantor of the owner or operatorof
any offshore facility;
(4) Sustains an economic loss as a consequence of oil
pollutionarising from Outer Continental Shelf activities; or
(5) Otherwise has responsibilities under Title III of the Act andthe
regulations in this part.
Sec. 135.5 Definitions.
(a) As used in this part, the following terms shall have the
samemeaning as defined in section 301 of Title III of the
OuterContinental 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 incharge''; ``public
vessel''; and``vessel''.
(b) As used in this part:
(1) Act means Title III of the Outer Continental Shelf LandsAct
Amendments of 1978 (Pub. L. 95-372), entitled``Offshore Oil Spill
Pollution Fund''.
(2) Captain of the Port means a Coast Guard officerdesignated as
Captain of the Port for the areas described in Part 3 ofthis chapter, or
that person's authorized representative or, wherethere is no Captain of
the Port area, the District Commander.
(3) Commandant means the Commandant of the Coast Guard orthat
person's authorized representative.
(4) District Commander means the Coast Guard officercommanding 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 theauthority and
functions of the Commandant as administrator of the Fundare delegated.
(6) Oil means petroleum, including crude oil or any fractionor
residue therefrom and natural gas condensate, except that the termdoes
not include natural gas.
(7) Outer Continental Shelf or OCS means ``outerContinental Shelf''
as defined in section 2(a) of the OuterContinental Shelf Lands Act (43
U.S.C.1331(a)).
Sec. 135.7 Delegation--Fund Administrator.
(a) The Fund Administrator is delegated authority to perform
thosefunctions assigned or delegated to the Secretary of
Transportationunder the Act not reserved by the Secretary of
Transportation or theCommandant.
(b) The Fund Administrator may redelegate and authorize
successiveredelegations of the authority granted in paragraph (a) of
thissection within the command under which that person has jurisdiction
orto members of the Fund staff.
Sec. 135.9 Fund address.
The address to which correspondence relating to the Coast
Guard'sadministration of the Fund should be directed is: U.S. Coast
GuardNational Pollution Funds Center, 4200 Wilson Boulevard, Suite
1000,Arlington, VA 22203-1804.
[CGD 86-032, 52 FR 23175, June 18, 1987, as amended byCGD 88-052, 53 FR
25120, July 1, 1988;USCG-1998-3799, 63 FR 35530, June 30, 1998]
Subpart B_Levy of Fees
Sec. 135.101 Purpose.
(a) The purpose of this subpart is to state the generalrequirements
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 theOCS
and is imposed upon the owner of the oil when such oil isproduced.
(b) The owner of oil obtained from the OCS shall, for the purposeof
computing the barrel fee levied in paragraph (a) of this section,measure
OCS oil production by employing the methods and criteria ofthe Minerals
Management Service contained in 30 CFR 250.180.
(c) The barrel fee levied in paragraph (a) of this section
applieswhenever the unobligated Fund balance is less than $200,000,000.
[[Page 62]]
(d) Payment of the fee levied in paragraph (a) of this sectionis
made in accordance with the fee collection regulations of the IRSat 26
CFR part 301, Sec. 301.9001. Federal governmententitlement to royalty
oil does not constitute ownership of oil attime of production. The Fund
Administrator advises the IRS when theunobligated Fund balance requires
starting or stopping the collectionof the barrel fee levied in this
section, so the IRS may provideappropriate notice to affected owners of
OCS oil.
[CGD 88-050, 53 FR 52997, Dec. 30, 1988, as amended byCGD 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
offshorefacility required by the Act to establish and maintain evidence
offinancial responsibility.
(b) For the purpose of this subpart:
(1) All structures, including platforms, wells, and pipelines,
areconsidered a single offshore facility if they are
physicallyconnected, located upstream of the point of custody transfer,
withinthe same oil field, and under one ownership.
(2) If separate parts of a structure, including platforms
andpipelines, are owned separately, each part having common ownership
isconsidered a separate offshore facility.
(3) A mobile offshore drilling unit is considered an
offshorefacility from the moment a drill shaft or other device connected
tothe unit first touches the seabed or connects to a well for
thepurposes of exploration, development, or production of oil
untildrilling is completed and the unit is no longer attached to the
wellor drill hole by any device.
(4) A mobile offshore drilling unit considered an offshorefacility
under paragraph (b)(3) of this section remains a separatefacility when
physically connected to another offshore facility,unless both are under
one ownership.
(5) All segments of a common carrier pipeline from the point
ofcustody transfer to the shore, including any pumping or
boosterstations, which are under one ownership are considered a
singleoffshore facility.
(6) Any pipeline, which is under one ownership, between twooffshore
facilities, or between an offshore facility and the shore, isconsidered
a single offshore facility.
(7) Offshore facilities which drill for, produce, or process
onlynatural gas are not subject to this subpart unless the facilities
havethe capacity to transport, store, or otherwise handle more than
1,000barrels of condensate at any one time.
Note: Regulations governing financial responsiblity andcertification
for vessels are promulgated by the Federal MaritimeCommission.
Sec. 135.203 Amount required.
(a) Each facility that is used for drilling for, producing,
orprocessing oil, or which has the capacity to transport,
store,transfer, or otherwise handle more than one thousand barrels of
oil atany one time must be covered by evidence of financial
responsibilitysubmitted by or on behalf of the owner or operator of the
facility, inthe amount of $35,000,000.
(b) Evidence of financial responsibility established andmaintained
by a person who owns or operates more than one facility, orwho has an
interest in the ownership or operation of more than onefacility, may be
applied by that person towards establishing andmaintaining the required
evidence of financial responsibility for eachfacility in which that
person has an interest, if the evidence isavailable to satisfy
liabilities arising out of incidents involvingthose facilities.
Sec. 135.204 Submission of evidence.
(a) Where the offshore facility is owned and operated solely byone
person, that person must establish and maintain evidence offinancial
responsibility covering the facility.
(b) Where the offshore facility is owned in its entirety by
oneperson and operated solely by another person, evidence of
financialresponsibility covering the facility must be established
andmaintained by either the owner or the operator, or, in
consolidatedform, by both the owner and operator.
[[Page 63]]
(c) Where the offshore facility is owned or operated by morethan one
person, evidence of financial responsibility covering thefacility must
be established and maintained by any one of the ownersor operators, or,
in consolidated form, by or on behalf of two or moreowners or operators.
(d) When evidence of financial responsibility is established in
aconsolidated form, the proportional share of each participant must
beshown. The evidence must be accompanied by a statement authorizing
theapplicant to act for and in behalf of each participant in
submittingand maintaining the evidence of financial responsibility.
(e) Each owner and operator of a facility is subject to thepenalty
provided by section 312(a) of the Act if evidence of
financialresponsibility is not established and maintained for that
facility.
Sec. 135.205 Methods of establishing.
(a) Evidence of financial responsibility may be established by
anyone, or any combination acceptable to the Fund Administrator, of
thefollowing methods:
(1) Insurance;
(2) Guaranty;
(3) Indemnity;
(4) Surety bond; or
(5) Qualification as self-insurer.
(b) The Fund Administrator will accept alternative evidence
offinancial responsibility if, in the Fund Administrator's opinion,
itestablishes an equivalent degree of financial responsibility for
thepurposes of this subpart.
Sec. 135.207 Insurance as evidence.
(a) Insurance filed with the Fund Administrator as evidence
offinancial responsibility shall be issued by an insurer that
isacceptable to the Fund Administrator. Those insurers may
includedomestic and foreign insurance companies, corporations or
associationsof individual insurers, protection and indemnity
associations, orother persons acceptable to the Fund Administrator.
(b) An insurer must:
(1) Agree to be sued directly, within the limits of the
policycoverage, by any person for claims under the Act against the owner
oroperator; and
(2) Designate an agent in the United States for service ofprocess.
(c) Insurance as evidence of financial responsibility mustindicate
the effective date in the endorsement on the application forCertificate
of Financial Responsibility, and must remain in forceuntil the date of
termination indicated in the endorsement oruntil--
(1) 30 days after mailing, by certified mail, to the
FundAdministrator, and the person insured, notification of intent
tocancel; or
(2) Other evidence of financial responsibility acceptable to theFund
Administrator has been established; or
(3) The facility to which the insurance applies ceases to be
afacility under Sec. 135.201(b).
(d) Termination of insurance coverage shall not affect theliability
of the insurer for an incident occurring before theeffective date of
termination.
(e) Confirmation of insurance may be accepted from an
insurancebroker that is acceptable to the Fund Administrator, subject to
theFund Administrator's approval of the individual underwriters, in
lieuof 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 underwritersto
the extent of their contracts;
(4) Names the underwriters and percentages of the limit acceptedby
each;
(5) States that the underwriters agree to give prior writtennotice
of cancellation or change to the Fund Administrator as requiredin
paragraph (c) of this section; and
(6) States that the notice indicated in paragraph (e)(5) of
thissection will not affect the underwriter's liability for
incidentsoccurring 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, byany
person for claims under the Act against the owner or operator; and
[[Page 64]]
(2) Designate an agent in the United States for service ofprocess.
(b) Guaranties filed as evidence of financial responsibility mustbe
accompanied by the same proof that the Guarantor is
financiallyresponsible as this subpart would require of the owner or
operator;i.e., insurance, surety bond, self-insurance, or
otheracceptable methods.
(c) A guaranty as evidence of financial responsibility mustindicate
the effective date in the endorsement on the application forCertificate
of Financial Responsibility, and must remain in forceuntil the date of
termination indicated in the endorsement or until:
(1) 30 days after mailing, by certified mail, to the
FundAdministrator, and the person guarantied, notification of intent
tocancel; or
(2) Other evidence of financial responsibility acceptable to theFund
Administrator has been established; or
(3) The facility to which the guaranty applies ceases to be
afacility under Sec. 135.201(b).
(d) Termination of the guaranty shall not affect the liability ofthe
guarantor for an incident occurring before the effective date
oftermination.
Sec. 135.210 Indemnity as evidence.
(a) An indemnitor must:
(1) Agree to be sued directly, within the limits of the
contractcoverage, by any person for claims under the Act against the
owner oroperator to the extent of the indemnity coverage; and
(2) Designate an agent in the United States for service ofprocess.
(b) Indemnity filed as evidence of financial responsibility mustbe
accompanied by the same proof of the indemnitor's
financialresponsibility as this subpart would require of the owner or
operator;i.e., insurance, surety bond, self-insurance; or
otheracceptable methods.
(c) An indemnity as evidence of financial responsibility
mustindicate the effective date in the endorsement on the application
forCertificate of Financial Responsibility, and must remain in
forceuntil the date of termination indicated in the endorsement
oruntil--
(1) 30 days after mailing, by certified mail, to the
FundAdministrator, and the person indemnified, notification of intent
tocancel; or
(2) Other evidence of financial responsibility acceptable to theFund
Administrator has been established; or
(3) The facility to which the indemnity applies ceases to be
afacility under Sec. 135.201(b).
(d) Termination of an indemnity shall not affect the liability ofthe
indemnitor for an incident occurring before the effective date
oftermination.
Sec. 135.211 Surety bond as evidence.
(a) Each surety bond filed with the Fund Administrator as evidenceof
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 whichthe
bond is executed;
(3) Is certified by the Department of the Treasury with respect
tothe issuance of Federal bonds in the penal sum of the bond; and
(4) Designates an agent in the United States for service ofprocess.
(b) The bonding company must agree to be sued directly, within
thelimits of the surety bond, by any person for claims under the
Actagainst the owner or operator.
(c) A surety bond as evidence of financial responsibility
mustindicate the effective date in the endorsement on the application
forCertificate of Financial Responsibility, and must remain in
forceuntil the date of termination indicated in the endorsement or
until:
(1) 30 days after mailing, by certified mail, to the
FundAdministrator, and the person bonded, notification of intent
tocancel; or
(2) Other evidence of financial responsibility acceptable to theFund
Administrator has been established; or
(3) The facility to which the surety bond applies ceases to be
afacility under Sec. 135.201(b).
(d) Termination of the surety bond shall not affect the liabilityof
the surety for an incident occurring before the effective date
oftermination.
[[Page 65]]
Sec. 135.213 Qualification as self-insurer.
(a) Qualification for self insurance must be supported by a copyof
the self-insurer's current balance sheet, income statement, andstatement
of changes in financial position that are certified by anindependent
Certified Public Accountant and must be accompanied byeither:
(1) An additional statement confirming that the self-
insurer'scurrent U.S. assets, including those of consolidated
subsidiaries heldin the U.S., not including pledged assets or stock not
publiclytraded, exceed the current U.S. liabilities, and the self-
insurers networth exceeds the amount of the requested self-insurance; or
(2) A statement, based on an analysis of the self-insurer'sfinancial
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 necessaryto retire a claim
for the amount of the self-insurance without placingthe self-insurer in
an insolvent position.
(b) The statements required by paragraphs (a) (1) and (2) of
thissection must be prepared and submitted by the involved
CertifiedPublic Accountant when the required financial statements are
preparedin consolidated form and the liability represents less than the
fullfinancial backing of the consolidated entity, otherwise they may
beprepared and submitted by the Treasurer or equivalent official.
(c) If the self-insurer files a Securities and Exchange
CommissionForm 10-K report, a copy of the self-insurer's most recent10-K
report must be filed with the Fund Administrator within120 days after
the end of the fiscal year to which it relates, inaddition to filing the
most recent 10-K report with the initialapplication.
(d) Each self-insurer must file annually with the FundAdministrator,
copies of documents required under paragraph (a) ofthis section, within
120 days after the close of the self-insurer'sfiscal accounting period.
If a self-insurer files a 10-K reportwith the Fund Administrator under
paragraph (c) of this section whichcontains some of the financial
statements required in paragraph (a), aseparate 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 September17, 1979.
(2) If the offshore facility is not in existence on September
17,1979, apply for a Certificate of Financial Responsibility at least
45days before placing the offshore facility into operation or
coveragebecomes effective.
(3) If submitting an application to include an additional
facilityunder previously established evidence of financial
responsibility,apply for a Certificate of Financial Responsibility as
early aspossible before the anticipated date of desired coverage.
(b) Each application for a Certificate of Financial
Responsibilitymust be made on a Coast Guard prescribed Application for
Certificateof Financial Responsibility form, available from the
FundAdministrator or any Coast Guard District Office. This form must
besubmitted for each facility; however, if evidence of
financialresponsibility has been previously established in an amount
sufficientto meet Sec. 135.203 (a), no additional evidence need
besubmitted with the application.
(c) Each application form submitted under this section must besigned
by the applicant. A written statement proving authority to signmust also
be submitted where the signer is not disclosed as anindividual (sole
proprietor) applicant, a partner in a partnershipapplicant, or a
director or other officer of a corporate applicant.
(d) Financial data or other information submitted under thissection
that is proprietary in nature, or constitutes a trade secret,must be
clearly designated as such to insure confidential treatment bythe Fund
Administrator, under 5 U.S.C. 552, the Freedom of InformationAct, which
provides for exemption from disclosure of trade secretdata.
(e) If any of the information submitted for certification
isdetermined
[[Page 66]]
by the Fund Administrator to be insufficient the FundAdministrator may
require additional information before finalconsideration of the
application.
(f) Certificates, as issued, are to be considered property of
theU.S. Government, are not to be altered in any manner, and must
besurrendered on demand when revoked in accordance withSec. 135.223 of
this subpart.
(g) Applicants shall obtain a Certificate of FinancialResponsibility
for each facility.
Sec. 135.219 Notification of changes affecting certification.
(a) Each owner, operator, or guarantor of an offshore facilityshall
within ten days notify the Fund Administrator in writing whenany changes
occur which prevent the owner, operator, or guarantor,from meeting the
obligations for which a Certificate of FinancialResponsibility has been
issued.
(b) Based on notice of a change in financial capability
underparagraph (a) of this section, the Fund Administrator may revoke
aCertificate of Financial Responsibility.
Sec. 135.221 Reapplication for certification.
(a) If a Certificate of Financial Responsibility becomes invalidfor
any reason, an application for a new certificate must beimmediately
submitted to the Fund Administrator in accordance withSec. 135.204.
Sec. 135.223 Certificates, denial or revocation.
(a) A certificate may be denied or revoked for any of thefollowing
reasons:
(1) Making any willfully false statement to the Fund Administratorin
connection with establishing or maintaining evidence of
financialresponsibility.
(2) Failure of an applicant or certificant to establish ormaintain
evidence of financial responsibility as required by theregulations in
this subpart.
(3) Failure to comply with or respond to inquiries, regulations,or
orders of the Fund Administrator concerning establishing ormaintaining
evidence of financial responsibility.
(4) Failure to timely file the reports or documents required bySec.
135.213 (c) and (d).
(5) Cancellation or termination of any insurance policy, suretybond,
indemnity, or guaranty issued under this subpart or modificationthereto
which reduces the financial capacity of the applicant orcertificant to
meet the requirements of this subpart, unlesssubstitute evidence of
financial responsibility has been submitted toand accepted by the Fund
Administrator.
(b) Denial or revocation of a certificate shall be immediate
andwithout prior notice in a case where the applicant or certificant:
(1) Is no longer the owner or operator of the offshore facility
inquestion;
(2) Fails to furnish acceptable evidence of financialresponsibility
in support of an application; or
(3) Permits the cancellation or termination of the insurancepolicy,
surety bond, indemnity, or guaranty upon which the continuedvalidity of
the certificate is based.
(c) In any other case, before the denial or revocation of
acertificate, the Fund Administrator advises the applicant
orcertificant, in writing, of the intention to deny or revoke
thecertificate, and shall state the reason therefor.
(d) If the reason for an intended revocation is failure to filethe
reports or documents required by Sec. 135.213 (c) and(d) the revocation
shall be effective 10 days after the date ofreceipt of the notice of
intention to revoke, unless the certificantshall, before revocation,
submit the required material or demonstratethat the required material
was timely filed.
(e) If the intended denial or revocation is based upon one of
thereasons in paragraph (a)(1) or (a)(3) of this section, the
applicantor certificant may request, in writing, a hearing to show that
theapplicant or certificant is in compliance with this subpart. If
theapplicant or certificant fails to file a timely request for a
hearing,the denial or revocation is effective 10 days after receipt of
thenotice.
(f) If a request for a hearing under paragraph (e) of this sectionis
received by the Fund Administrator within 10
[[Page 67]]
days after thedate of receipt of a notice of intention to deny or
revoke, the FundAdministrator grants a hearing and notifies the
requesting party ofthe date, time, and location of the hearing. If a
requesting partyfails to enter an appearance at the scheduled hearing,
or in lieuthereof fails to submit written evidence for the consideration
of thehearing official, denial or revocation is effective as of
thescheduled date and time of the hearing, unless an extension of time
isgranted by the Fund Administrator for good cause shown.
(g) Hearings under this section are informal and are conducted byan
official designated by the Fund Administrator. The officialconducting
the hearing considers all relevant material submitted andmakes
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 pollutionmeans
those incidents that are likely to result in a discharge of oiland
include, but are not limited to: vessel collisions, grounding
orstranding; structural failure in a tank, pipeline or other oilhandling
system; fire, explosion or other events which may causestructural damage
to a vessel or offshore facility.
[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended byCGD 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
isinvolved in an incident, including occurrences which pose an
imminentthreat of oil pollution shall, as soon as that person has
knowledge ofthe incident, immediately notify by telephone, radio
telecommunicationor a similar rapid means of communication, in the
following order ofpreference:
(1) (Within or offshore of the 48 contiguous States only) The
DutyOfficer, National Response Center, U.S. Coast Guard, Room 2111,
2100Second Street, SW, Washington, DC 20593-0001, toll freetelephone
number: 800-424-8802, directtelephone: 202-267-2675, or Fax:202-267-
1322; or
(2) The commanding officer or supervisor of any Coast Guard
SectorOffice, Captain of the Port Office, Marine Safety Unit or Port
SafetyDetachment in the vicinity of the incident; or
(3) The commanding officer or officer in charge of any other
CoastGuard unit in the vicinity of the incident; or
(4) The Commander of any Coast Guard District.
(b) Notification given in accordance with this subpart
constitutesfulfillment of the requirements of Subpart B of 33 CFR Part
153concerning Notice of the Discharge of Oil.
[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended byUSCG-1998-3799, 63
FR 35530, June 30, 1998;USCG-2006-25150, 71 FR 39209, July 12,
2006;USCG-2006-25556, 72 FR 36328, July 2, 2007;USCG-2008-0179, 73 FR
35013, June 19, 2008]
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 inthe incident shall
provide his or her name and telephone number, orradio 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 offshorefacility
involved;
(5) Size and color of any slick or sheen and the direction
ofmovement;
(6) Observed on scene weather conditions, including wind speed
anddirection, height and direction of seas, and any tidal or
currentinfluence present;
(7) Actions taken or contemplated to secure the source or containand
remove or otherwise control the discharged oil;
(8) Extent of any injuries or other damages incurred as a resultof
the incident;
(9) Observed damage to living natural resources; and
[[Page 68]]
(10) Any other information deemed relevant by the reportingparty or
requested by the person receiving the notification.
(b) The person giving notification of an incident must not
delaynotification to gather all required information and must provide
anyinformation not immediately available when it becomes known.
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 tothe
Act shall, upon request by any Coast Guard officer or pettyofficer,
permit access to the vessel and produce for examination theCertificate
of Financial Responsibility.
Sec. 135.403 Sanctions for failure to produce vessel Certificates of FinancialResponsibility.
(a) The Captain of the Port issues denial or detention orders tothe
owner, operator, agent, or master of any vessel that cannot showupon
request a valid Certificate of Financial Responsibility issuedunder the
Act.
(b) A denial order forbids entry of any vessel subject to the Actto
any port or place in the United States or to the navigable watersof the
United States.
(c) A detention order detains any vessel subject to the Act at
theport or place in the United States from which it is about to
departfor any other port or place in the United States.
(d) The Captain of the Port terminates a denial or detention
orderwhen the owner, operator, agent, or master of a vessel
furnishesadequate evidence that the certification of financial
responsibilityrequirements under the Act have been met.
Sec. 135.405 Appeal provisions.
(a) The owner, operator, agent or master of a vessel issued adenial
or detention order under this subpart may petition the DistrictCommander
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 denialor
detention order remains in effect pending the outcome of anypetition or
appeal of that order.
(d) The District Commander acts on all petitions or appeals within10
days of receipt.
(e) The decision of the District Commander is final agency action.
PART 136_OIL SPILL LIABILITY TRUST FUND; CLAIMSPROCEDURES; 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_Procedures 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.
[[Page 69]]
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.
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, 1991Comp., 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 adjudicationof
claims authorized to be presented to the Oil Spill Liability TrustFund
(the Fund) under section 1013 of the Oil Pollution Act of 1990(the Act)
(33 U.S.C. 2713) for certain uncompensated removal costs oruncompensated
damages resulting from the discharge, or substantialthreat of discharge,
of oil from a vessel or facility into or upon thenavigable waters,
adjoining shorelines, or the exclusive economiczone;
(2) Designation of the source of the incident, notification to
theresponsible party of the designation, and advertisement of
thedesignation and claims procedures; and
(3) Other related matters.
(b) This part applies to claims resulting from incidents
occurringafter August 18, 1990.
(c) Nothing in this part--
(1) Preempts the authority of any State or political
subdivisionthereof from imposing any additional liability or
requirements withrespect to--
(i) The discharge of oil or other pollution by oil within suchState;
or
(ii) Any removal activities in connection with such a discharge;or
(2) Affects or modifies in any way the obligations or liabilitiesof
any person under the Solid Waste Disposal Act (42 U.S.C. 6901 etseq.) 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
ofwhich is to pay for costs or damages arising out of, or
directlyresulting from, oil pollution or the substantial threat of
oilpollution; or
(ii) To require any person to contribute to such a fund; or
(4) Affects the authority of the United States or any State
orpolitical subdivision thereof to impose additional liability
oradditional requirements relating to a discharge, or substantial
threatof a discharge, of oil.
Sec. 136.3 Information.
Anyone desiring to file a claim against the Fund may obtaingeneral
information on the procedure for filing a claim from theDirector,
National Pollution Funds Center, suite 1000, 4200 WilsonBoulevard,
Arlington, Virginia 22203-1804, (703)235-4756.
Sec. 136.5 Definitions
(a) As used in this part, the following terms have the samemeaning
as set forth in sections 1001 and 1007(c) of the Act (33U.S.C. 2701 and
2707(c)): Claim, claimant, damages, discharge,exclusive economic zone,
facility, foreign claimant, foreign offshoreunit, Fund, guarantor,
incident, National Contingency Plan, naturalresources, 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--
[[Page 70]]
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. CoastGuard
National Pollution Funds Center or that person's
authorizedrepresentative.
FOSC means the Federal On-Scene Coordinator designated underthe
National Contingency Plan or that person's authorizedrepresentative.
NPFC means the U.S. Coast Guard National Pollution FundsCenter,
suite 1000, 4200 Wilson Boulevard, Arlington, Virginia22203-1804.
Sec. 136.7 Foreign claimants.
In addition to other applicable limitations on presenting claimsto
the Fund, claims by foreign claimants to recover removal costs ordamages
may be presented only when the requirements of section 1007 ofthe Act
(33 U.S.C. 2707) are met.
Sec. 136.9 Falsification of claims.
Persons submitting false claims or making false statements
inconnection with claims under this part may be subject to
prosecutionunder Federal law, including but not limited to 18 U.S.C. 287
and1001. In addition, persons submitting written documentation in
supportof claims under this part which they know, or should know, is
false oromits a material fact may be subject to a civil penalty for
eachclaim. If any payment is made on the claim, the claimant may also
besubject to an assessment of up to twice the amount claimed. Thesecivil
sanctions may be imposed under the Program Fraud Civil RemediesAct, 31
U.S.C. 3801-3812, as implemented in 49 CFR part 31.
[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended byCGD 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 (33U.S.C.
2712(h)(3)) (minors and incompetents), the Fund will consider aclaim
only if presented in writing to the Director, NPFC, within thefollowing
time limits:
(1) For damages, within three years after--
(i) The date on which the injury and its connection with theincident
in question were reasonably discoverable with the exercise ofdue care.
(ii) In the case of natural resources damages under
section1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date
underparagraph (a)(1)(i) of this section, or within three years from
thedate of completion of the natural resources damage assessment
undersection 1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later.
(2) For removal costs, within six years after the date ofcompletion
of all removal actions for the incident. As used in thisparagraph,
``date of completion of all removal actions''is defined as the actual
date of completion of all removal actions forthe incident or the date
the FOSC determines that the removal actionswhich form the basis for the
costs being claimed are completed,whichever is earlier.
(b) Unless the Director, NPFC, directs in writing that the claimbe
submitted elsewhere, a claim is deemed presented on the date theclaim is
actually received at the National Pollution Funds Center,suite 1000,
4200 Wilson Boulevard, Arlington, Virginia22203-1804. If the Director,
NPFC, directs that the claim bepresented elsewhere, the claim is deemed
presented on the date theclaim 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, allclaims
for removal costs or damages must be presented first to theresponsible
party or guarantor of the source designated underSec. 136.305.
(b) Claims for removal costs or damages may be presented first tothe
Fund only--
(1) By any claimant, if the Director, NPFC, has advertised,
orotherwise notified claimants in writing, in accordance withSec.
136.309(e);
(2) By a responsible party who may assert a claim under section1008
of the Act (33 U.S.C. 2708);
[[Page 71]]
(3) By the Governor of a State for removal costs incurred bythat
State; or
(4) By a United States claimant in a case where a foreign
offshoreunit has discharged oil causing damage for which the Fund is
liableunder section 1012(a) of the Act (33 U.S.C. 2712(a)).
(c) If a claim is presented in accordance with paragraph (a) ofthis
section and--
(1) Each person to whom the claim is presented denies allliability
for the claim; or
(2) The claim is not settled by any person by payment within 90days
after the date upon which (A) the claim was presented, or (B)advertising
was begun pursuant to Sec. 136.309(d), whicheveris later, the claimant
may elect to commence an action in courtagainst the responsible party or
guarantor or to present the claim tothe Fund.
(d) No claim of a person against the Fund will be approved
orcertified for payment during the pendency of an action by the personin
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 forcompensation
for each category of uncompensated damages or removalcosts (as described
in Subpart C of this part) resulting from anincident. If at any time
during the pendency of a claim against theFund 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
tothe best of the claimant's knowledge and belief that the
claimaccurately reflects all material facts.
(d) In addition to the other requirements of this section, anyclaim
presented by a legal representative of the claimant must also besigned
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
andbusiness, and telephone numbers of the claimant.
(2) The date, time, and place of the incident giving rise to
theclaim.
(3) The identity of the vessel, facility, or other entity causingor
suspected to have caused the removal costs or damages claimed andthe
basis for such identity or belief.
(4) A general description of the nature and extent of the impactof
the incident, the costs associated with removal actions, anddamages
claimed, by category as delineated in Subpart C of this part,including,
for any property, equipment, or similar item damaged, thefull name,
street and mailing address, and telephone number of theactual owner, if
other than the claimant.
(5) An explanation of how and when the removal costs or damageswere
caused by, or resulted from, an incident.
(6) Evidence to support the claim.
(7) A description of the actions taken by the claimant, or
otherperson on the claimant's behalf, to avoid or minimize removal costs
ordamages claimed.
(8) The reasonable costs incurred by the claimant in assessing
thedamages claimed. This includes the reasonable costs of estimating
thedamages claimed, but not attorney's fees or other administrative
costsassociated with preparation of the claim.
(9) To the extent known or reasonably identifiable by theclaimant,
the full name, street and mailing address, and telephonenumber of each
witness to the incident, to the discharge, or to theremoval costs or
damages claimed, along with a brief description ofthat person's
knowledge.
(10) A copy of written communications and the substance of
verbalcommunications, if any, between the claimant and the responsible
partyor guarantor of the source designated
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under Sec. 136.305and a statement indicating that the claim was
presented to theresponsible party or guarantor, the date it was
presented, that it wasdenied or remains not settled and, if known, the
reason why it wasdenied or remains not settled.
(11) If the claimant has insurance which may cover the removalcosts
or damages claimed, the information required underSec. 136.111.
(12) A statement by the claimant that no action has been commencedin
court against the responsible party or guarantor of the sourcedesignated
under Sec. 136.305 or, if an action has beencommenced, a statement
identifying the claimant's attorney and theattorney's address and phone
number, the civil action number, and thecourt in which the action is
pending.
(13) In the discretion of the Director, NPFC, any otherinformation
deemed relevant and necessary to properly process theclaim 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
sameincident should be presented together and must be signed by
allclaimants.
(b) A fully subrogated claim is payable only to the subrogee.
(c) A subrogee must support a claim in the same manner as anyother
claimant.
Sec. 136.109 Removal costs and multiple items of damages.
(a) A claimant must specify all of the claimant's known removalcosts
or damages arising out of a single incident when submitting aclaim.
(b) Removal costs and each separate category of damages (asdescribed
in subpart C of this part) must be separately listed with asum certain
attributed to each type and category listed.
(c) At the sole discretion of the Director, NPFC, removal costsand
each separate category of damages may be treated separately
forsettlement purposes.
Sec. 136.111 Insurance.
(a) A claimant shall provide the following information concerningany
insurance which may cover the removal costs or damages for
whichcompensation 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 insurerand,
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 orhas
indicated whether or not payment will be made.
(b) If requested by the Director, NPFC, the claimant shall providea
copy of the following material:
(1) All insurance policies or indemnification agreements.
(2) All written communications, and a summary of all
oralcommunications, with any insurer or indemnifier.
(c) A claimant shall advise the Director, NPFC, of any changes inthe
information provided under this section.
Sec. 136.113 Other compensation.
A claimant must include an accounting, including the source
andvalue, of all other compensation received, applied for, or
potentiallyavailable as a consequence of the incident out of which the
claimarises including, but not limited to, monetary payments, goods
orservices, or other benefits.
Sec. 136.115 Settlement and notice to claimant.
(a) Payment in full, or acceptance by the claimant of an offer
ofsettlement by the Fund, is final and conclusive for all purposes
and,upon payment, constitutes a release of the Fund for the claim.
Inaddition, acceptance of any compensation from the Fund precludes
theclaimant from filing any subsequent action against any person
torecover costs or damages which are the subject of the
compensatedclaim. Acceptance of any compensation also constitutes an
agreement bythe claimant to assign to the Fund any rights, claims, and
causes ofaction the claimant has against any person for the costs and
damageswhich are the subject of the compensated claims and to
cooperatereasonably with the Fund in any claim or action by the Fund
againstany person to recover the
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amounts paid by the Fund. Thecooperation shall include, but is not
limited to, immediatelyreimbursing the Fund for any compensation
received from any othersource for the same costs and damages and
providing any documentation,evidence, testimony, and other support, as
may be necessary for theFund to recover from any person.
(b) Claimant's failure to accept an offer of settlement within
60days after the date the offer was mailed to the claimant
automaticallyvoids the offer. The Director, NPFC, reserves the right to
revoke anoffer at any time.
(c) A claimant will be notified in writing sent by certified
orregistered mail whenever a claim against the Fund is denied.
Thefailure of the Director, NPFC, to make final disposition of a
claimwithin six months after it is filed shall, at the option of
theclaimant any time thereafter, be deemed a final denial of the claim.
(d) The Director, NPFC, upon written request of the claimant or ofa
person duly authorized to act on the claimant's behalf, reconsidersany
claim denied. The request for reconsideration must be in writingand
include the factual or legal grounds for the relief requested,providing
any additional support for the claim. The request must bereceived by the
Director, NPFC, within 60 days after the date thedenial was mailed to
the claimant or within 30 days after receipt ofthe denial by the
claimant, whichever date is earlier. Reconsiderationmay only be
requested once for each claim denied. The Director, NPFCwill provide the
claimant seeking reconsideration with writtennotification of the
decision within 90 days after receipt of therequest for reconsideration.
This written decision is final. Thefailure of the Director, NPFC, to
make final disposition of areconsideration within 90 days after it is
received shall, at theoption of the claimant any time thereafter, be
deemed a final denialof the reconsideration.
Subpart C_Procedures for Particular Claims
Removal Costs