[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Pages 10044-10052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4405]
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DEPARTMENT OF TRANSPORTATION
33 CFR Parts 154 and 156
[CGD 93-056]
RIN 2115-AE59
Facilities Transferring Oil or Hazardous Materials in Bulk
AGENCY: Coast Guard, DOT.
[[Page 10045]] ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the regulations covering
facilities transferring oil or hazardous material in bulk. These
revisions are intended to update and clarify the current regulations.
The revisions should result in regulations that are more effective in
providing a high level of safety and environmental protection.
DATES: Comments must be received on or before May 24, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 93-056), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477. Comments on collection-of-information
requirements must be mailed also to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW, Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jonathan C. Burton, Marine
Environmental Protection Division, (202) 267-6714.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 93-056) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8 by 11 inches, suitable for copying and
electronic filing. Persons wanting acknowledgment of receipt of
comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant Jonathan C. Burton, Project Manager, Marine Environmental
Protection Division and Ms. Helen Boutrous, Project Counsel, Office of
Chief Counsel.
Background and Purpose
Until 1990, the regulations covering the transfer of products
between vessels and facilities capable of transferring oil or hazardous
materials in bulk to or from a vessel with a capacity of 250 barrels or
more were contained in two different parts of the Code of Federal
Regulations. Facilities transferring oil in bulk were covered by 33 CFR
part 154, while those transferring hazardous materials in bulk were
covered by 33 CFR part 126 (Handling of Explosives or Other Dangerous
Cargoes Within or Contiguous to Waterfront Facilities). The Coast Guard
consolidated and revised the provisions into part 154 (Facilities
Transferring Oil or Hazardous Material in Bulk) in a final rule
published on September 4, 1990 (55 FR 36252). Since that time, numerous
comments have been received from Coast Guard personnel and industry
about problems in working with part 154. Coast Guard personnel and
industry advisory groups have provided numerous suggestions for
improving part 154. In 1992, a Coast Guard task force, chartered as the
result of a General Accounting Office report on the Coast Guard's
facility inspection program, recommended a number of changes to 33 CFR
part 154. Based on the task force's recommendations, the Coast Guard
decided to initiate a rulemaking project to review all of 33 CFR part
154. A solicitation was sent to all Coast Guard Marine Safety Officers
and Captains of the Ports asking for assistance in identifying problem
areas. Every unit solicited responded with comments identifying changes
to provisions that, if adopted, would greatly improve their facility
oversight and enforcement operations, and thereby enhance industry's
ability to comply with the regulations.
Discussion of Proposed Changes
Section 154.100 Applicability
There has been confusion regarding the applicability of the
regulations in 33 CFR part 154. Particularly, there has been confusion
over whether applicability is determined by the capacity of the
facility or the capacity of the vessel. The proposed rule seeks to
clarify that the total capacity of the vessel is the determining
factor. Part 154 applies to facilities transferring oil or hazardous
materials to vessels capable of carrying 250 barrels or more of oil or
hazardous materials, or a combination of oil types, or hazardous
materials, or both.
Also, a new paragraph is proposed to be added to the applicability
section which would specify all of the requirements that are applicable
to mobile transfer facilities. Both industry and Coast Guard personnel
have indicated that such a provision would be helpful. Inclusion of
this paragraph should eliminate confusion in determining which
requirements are applicable to mobile facilities.
Included in the proposed list of requirements that would apply to
mobile facilities are certain safety requirements found in Sec. 154.735
that do not currently apply to mobile facilities. These include
standards for access to the mobile facility by firefighting personnel,
proper storage of hazardous material, sufficient fire extinguishers,
rubbish containment, protective equipment, heating equipment placement,
electrical wiring and three way warning signs. Additionally, this NPRM
proposes to subject mobile facilities to the ``person in charge
requirements'' of 33 CFR 154.710. Comments on the cost of applying
these regulations to mobile facilities are requested.
Section 154.105 Definitions
A definition for ``caretaker status'', and revisions to the
definitions of ``facility'', and ``transfer'' are proposed.
``Caretaker status'' is proposed to be defined as a facility that
is free of oil or hazardous material, certified as gas free and where
specified piping has been blanked off and the letter of adequacy has
been suspended by the COTP.
The proposed revisions to the definition of ``facility'' clarify
that tank cleaning and stripping facilities, and floating docks or
barges used as part of the transfer platform, are considered to be
within the definition of facility. The proposed rule also makes it
clear that barges and other floating structures used to support an
intricate part of the facility's operation, such as piping for
[[Page 10046]] the facility, are to be considered part of the facility.
Finally, the proposed revision to the definition of ``transfer''
would specify that a transfer begins once the transfer hose is
connected, thereby requiring owners and operators to comply with the
safety requirements pertaining to the transfer of oil or hazardous
material at an early stage of the process. Safety measures at this
stage are crucial because as soon as a transfer hose is connected,
there is a risk of oil or hazardous material being inadvertently
transferred, resulting in a spill. Therefore, hose connections should
be made only while complying with the supervisory and other
requirements specified in part 154.
Section 154.107 Alternatives
This section is proposed to be revised to provide that the Captain
of the Port (COTP) will take final approval or disapproval action
within 60 days, rather than 30 days, of a request from a facility
operator to use alternate methods, procedures or equipment standards
from those required by part 154. The additional 30 days will allow more
time for the COTP to thoroughly evaluate requests. Every effort will be
made to respond to requests in less than 60 days if possible.
Section 154.110 Letter of Intent
This NPRM proposes to require that the facility owner's name,
address, and telephone number be included in the letter of intent
required by Sec. 154.110. Currently, this information is required of
the facility operator only. This additional information will be of
great assistance in determining and locating the responsible party
during a spill or other emergency.
Section 154.310 Operations Manual: Contents
This NPRM proposes to require that a map of the facility, drawn to
scale, be included in the operations manual. In the past there has been
confusion among industry and enforcement personnel over the boundaries
of various facilities subject to regulation. The required map would
depict the physical boundaries of the facility and include all
structures, such as wharfs, and would indicate which piping in the
facility is subject to the testing requirements of 33 CFR
156.170(c)(4). This revision would assist Coast Guard and industry
personnel in more readily determining which pipes are subject to Coast
Guard inspection as opposed to those regulated by the Environmental
Protection Agency. The accuracy of the facility operator's
determinations as to which pipes are subject to Coast Guard inspection
under Sec. 156.170 would be reviewed by the COTP when the operations
manual is submitted to the COTP for a review of adequacy under
Sec. 154.300. This revision would help the Coast Guard and facility
owners and operators ensure that all piping subject to the regulations
is properly tested.
The proposed rule seeks to simplify for industry the information
retention requirements of part 154. Currently, Sec. 154.310(a)(5)
requires facility operators to retain specified information about the
products handled by the facility. This NPRM proposes that Material
Safety Data Sheets be retained rather than the information currently
required by Sec. 154.310(a)(5). This revision would provide the Coast
Guard access to information of equivalent value, while providing an
easier method of recordkeeping for facility operators.
In the past there has been confusion regarding the appropriate
state and local personnel to contact in the event of a spill or other
emergency. Therefore, this NPRM proposes to add a requirement that the
names and telephone numbers of state and local officials be included in
the list of names and addresses currently required under
Sec. 154.310(a)(7). This would require the facility owners to determine
who the appropriate state and local officials to contact are in
advance, so that time will not be wasted in the event of an emergency.
Also, this NPRM proposes to require that the name and telephone number
of the ``qualified individual'' listed in the facility response plan
required by 33 CFR 154.1026 be included. This is also vital information
in the event of an emergency.
Currently, Sec. 154.310(a)(16) requires that the operations manual
include the maximum relief valve setting for each transfer system. This
rule proposes that the Maximum Allowable Working Pressure (MAWP) also
be recorded. This revision is necessary because of proposed changes to
Sec. 154.500 which would no longer require that each hose assembly have
a MAWP of 150 pounds per square inch. Recording of the MAWP will ensure
that tests conducted under 33 CFR 156.170 are conducted using the
correct MAWP for the transfer piping system being tested.
Section 154.320 Operations Manual: Amendment
Currently, under Sec. 154.320(a)(1), facility operators have 14
days to respond to a notice from the COTP regarding any inadequacies in
the operations manual. Industry has indicated that 14 days is an
insufficient amount of time to respond to a COTP's request for
amendments to the operations manual. This NPRM proposes a 45 day
response period starting from the date of the COTP's notice. Also,
Sec. 154.320(a)(1) provides that the COTP shall notify the facility
operator of any amendment required or adopted, and that such amendment
becomes effective 30 days after the facility operator receives notice.
This NPRM proposes to delay the effective date of such amendments until
60 days after notification of the facility operator.
Section 154.500 Hose Assemblies
In the past there has been confusion regarding the maximum
allowable working pressure (MAWP) to be used for the testing
requirements in 33 CFR 156.170. Part of this confusion was caused by
the fact that a minimum (MAWP) was specified for hose assemblies. This
forced industry to test their hose assemblies, and usually their piping
systems, at a minimum of 225 pounds per square inch. It is more
reasonable for the MAWP to be based on the actual design of the
transfer system, rather than a pre-specified number. The proposed
changes to this section would eliminate a minimum burst pressure and
MAWP for hose assemblies. With this revision, industry could develop
their tests and inspection criteria based on the actual needs of their
systems, and avoid unnecessary expense testing to a level higher than
that of their systems' designs.
Section 154.520 Closure Devices
Under the current regulations, industry must have enough valves to
blank off a transfer hose, even when it is stored, unless it is new and
unused. The proposed change would clarify that such hoses must be
blanked off during transfer. Also, the revisions would allow for
treating a hose that is cleaned of product in the same manner as a new,
unused hose.
Section 154.530 Small Discharge Containment
Experience reveals that many small spills occur during the coupling
and uncoupling of transfer hoses, and from coupled joints. Present
regulations require containment around manifold areas, but do not
specifically require containment around those areas where coupled hoses
may cross or are uncoupled or coupled. Therefore, a paragraph is
proposed to be added to Sec. 154.530 that would require that fixed or
portable containment be placed under each hose connection during
coupling, uncoupling, and transfer. Comments on the viability and costs
of this proposed revision are solicited. [[Page 10047]]
Section 154.540 Discharge Removal
The current regulations require that facilities have a means to
safely and quickly remove oil and hazardous material from the
containment required by Sec. 154.530. To provide greater specificity,
this NPRM proposes that facilities must have a means to remove
discharged oil or hazardous material from the containment within one
hour.
Section 154.545 Discharge Containment Equipment
This NPRM proposes to add a paragraph to Sec. 154.545 that would
specify that equipment required to be retained under this section may
be used in the planning requirements of the facility response plan
required by subpart F.
Section 154.560 Communications
This NPRM proposes to revise Sec. 154.560 to require that only
intrinsically safe radios that have been marked accordingly by the
manufacturer of the radio may be used to meet the requirements of
Sec. 154.560(a). This requirement would help to ensure that appropriate
communications equipment is used. Also, the references included in
Sec. 154.560(e) regarding the definition of ``intrinsically safe'' are
incorrect. Instead of the current references, the NPRM requires that a
qualified testing laboratory, such as Underwriters Laboratories,
certify that a radio is intrinsically safe and is marked accordingly.
In most cases, radios used by facilities already meet the requirements
of this proposed regulation.
Section 154.710 Persons in Charge: Designation and Qualification
Numerous spills have been caused by the inattention or poor
training of the person in charge at some facilities. Therefore, it is
proposed that the facility operator must certify that the person in
charge has completed a training program that has been approved by the
Captain of the Port, in accordance with revised Sec. 154.710(c) and
(d). This revision is intended to ensure that the person in charge has
received the basic training necessary to properly operate transfer
equipment and has a thorough understanding of the hazards involved in a
transfer of oil or hazardous materials, and what his duties are
relative to that operation in the event of emergency. The proposed
requirement would, however, allow facility operators the flexibility to
develop their own training program, appropriate to the needs and
operation of their facility. The list of those persons certified would
be kept with the operations manual.
Comments are solicited from industry on what specific basic
training requirements should be required for the person in charge, what
established industry training already exists to ensure their
competence, and the cost of such training.
Additionally, there has been confusion as to where the person in
charge is to be during the transfer, as required by 33 CFR
156.120(t)(1). This NPRM adds the requirement that the person in charge
is to be in visual sight of the transfer system from the time a hose
connection is completed, until the time when the connection is broken.
Given the importance of the person in charge, it is also proposed
that this section apply to mobile transfer facilities.
Section 154.735 Safety Requirements
This NPRM proposes that Sec. 154.735 be revised to abolish the
current ``hot work permit'' program which is cumbersome and obsolete.
Under the current program a permit must be obtained from the Captain of
the Port, prior to conducting welding or hot work at a facility. A new
provision is proposed to be added which would place responsibility for
the safety of all hot work at the facility, and the vessels moored to
it, on the facility's owner and operator.
Currently, Sec. 154.735(s) provides that tank cleaning or gas
freeing operations conducted by the facility on vessels carrying oil
residues or mixtures must be conducted in accordance with specified
sections of the International Safety Guide for Oil Tankers and
Terminal(s) (ISGOTT). Experience with use of the ISGOTT standards has
revealed that, particularly in reference to barges, some of the ISGOTT
provisions are problematic. A provision would be added to allow
facility owners or operators to request authorization from the COTP, in
accordance with Sec. 154.107, to follow an alternative method of
compliance based on sound industry practices. An example of guidelines
that could be approved for use by the COTP are the ``Safety Guidelines
for Tank Vessel Cleaning Facilities'', First Ed., 1992, developed by
the American Waterways Shipyard Conference. Copies of these guidelines
may be obtained from American Waterways Shipyard Conference, 1600
Wilson Blvd., Suite 1000, Arlington, VA 22209.
The current regulations are vague regarding security at a facility.
The proposed rule would require that access to the marine transfer area
from the shoreside or waterside is limited to facility personnel,
delivery and service personnel, Coast Guard personnel, and other
authorized persons. It further proposes that these personnel have
identification. These parameters are similar to those found in 33 CFR
127.703 and therefore should be better understood by both industry and
inspection personnel.
Currently part 154 does not prohibit smoking. This NPRM would
propose to limit smoking in the same manner as the provisions of 33 CFR
126.15(b). Most facilities already follow this standard.
This NPRM proposes to require that three way warning signs, similar
to those required under 33 CFR 126.15(o)(2)(i), be displayed on the
facility at the point of transfer, without obstruction, at all times on
a fixed facility and during coupling, transfer operation, and
uncoupling on a mobile facility. Many of the facilities previously
covered by part 126 still have these warning signs. Both industry and
Coast Guard personnel have suggested that these signs would be valuable
for all facilities covered by 33 CFR part 154.
Section 154.740 Records
One of the primary goals of this rulemaking is to consolidate
documents and descriptions of procedures and tests required by part 154
into one centralized location that would greatly facilitate inspections
and ensure that this information is immediately available in the event
of a spill or other emergency. Therefore, this NPRM proposes that the
records required by this section, such as the Letter of Intent, Letter
of Adequacy, person-in-charge qualifications, and the piping and hose
tests be maintained in the same location as the operations manual but
not as a part of the operations manual.
33 CFR Part 156
Conforming changes to certain sections of 33 CFR part 156 have been
proposed as discussed below to ensure consistency with the changes
proposed for part 154.
Section 156.120 Requirements for Transfer
This section is proposed to be revised to explicitly state that a
transfer begins when a connection of any transfer hose or loading arm
is made. At that point, all elements required to conduct a transfer
must be in place. This revision is consistent with the proposed
definition of ``transfer'' in Sec. 154.105 and is intended to prevent
an accidental spill from the transfer of oil or hazardous material
before all protections required during a transfer are in place.
[[Page 10048]]
Section 156.160 Supervision by Person in Charge
To conform with the training requirements set forth in
Sec. 154.710, a provision is proposed to be added to Sec. 156.160 to
clarify that the person in charge must visually monitor the transfer,
throughout the transfer.
Section 156.170 Equipment Tests and Inspections
Revisions are proposed to this section to complement the testing
records required to be kept with the operations manual by Sec. 154.720.
The revisions clarify that a static liquid pressure test is
acceptable, and the test medium for transfer hoses is not required to
be water. Those facilities in a caretaker status or that only transfer
infrequently will now be required to test 30 days before their first
transfer occurring more than one year from their last tests and
inspections. This inspection schedule will allow a reduction in costs
for facilities that transfer infrequently while still providing an
appropriate level of environmental protection.
It would also be made clear that the COTP has the authority to
allow alternative methods of compliance to the testing requirements in
this section.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). A draft Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT has been prepared and
is available in the docket for inspection or copying where indicated
under ADDRESSES. The Evaluation is summarized as follows.
It is estimated that 2591 fixed and 539 mobile marine
transportation related facilities will be affected by these
regulations. Many of the proposed revisions are clarifying changes that
will pose no additional costs on facilities presently in compliance
with the regulations. For example, certain information previously kept
separately would now be required to be kept in the same location as the
operations manual but requires little additional information not
already prescribed by some other regulation. Since this information is
not required to be included in the operations manual no additional cost
is incurred for review by the Coast Guard or the facility.
There are some new requirements associated with this NPRM. These
requirements include a map showing the boundaries of the Coast Guard's
jurisdiction (Sec. 154.310(a)(2)); additional requirements for mobile
transfer facilities including standards for access by firefighting
personnel, proper storage of hazardous material, sufficient fire
extinguishers, rubbish containment, protective equipment, heating
equipment placement, three way warning sign, electrical wiring and the
``person in charge requirements'' (Sec. 154.100(d)); a more extensive
training and qualification program for persons in charge
(Sec. 154.710(c)); containment under each hose connection during
coupling, uncoupling, and transfer (Sec. 154.530(a)(3)); and three way
warning signs (Sec. 154.735(v)).
However, other proposed revisions lessen the burden on industry in
such areas as the use of the material safety data sheets rather than
maintaining this information separately (Sec. 154.310(a)(5)); deletion
of the requirement that transfer hoses have a minimum maximum allowable
working pressure of 150 psi (Sec. 154.500(b)); and the deletion of the
requirement for a facility to obtain a hot work permit
(Sec. 154.735(l)).
Comments are requested on the cost of the small discharge
containment proposed by Sec. 154.530(a)(3); the additional requirements
for mobile facilities proposed by Sec. 154.100(d); and the training and
qualification program for persons in charge proposed by Sec. 154.710(c)
and the overall cost of all of the proposed regulations to consumers.
Comments are also solicited on the cost saving from deleting the
requirement that transfer hoses have a minimum, maximum allowable
working pressure of 150 psi (Sec. 154.500(b)).
In consideration of the additions and deletions to part 154 and 156
it is estimated that the annual net cost to all facilities, would be
$7,665,971, where captial costs are incurred over a five year period.
The overriding benefit to industry and the Coast Guard of the
proposed rules would be the establishment of rules that are easier to
understand and that would therefore facilitate and foster industry
compliance, leading to a higher level of environmental protection.
The direct monetary benefit of increased protection would come from
the reduction of spills resulting from facility operations. These
proposed regulations are designed to achieve an overall reduction of
oil and hazardous materials spilled into the water from facilities by
20%. The weighted average of the annual volume of bulk oil and
hazardous material spilled from 1987-1991 from facilities was 436,147
gallons. The estimated costs of spill cleanup, third party damages, and
natural resource damages resulting from this volume totals $8,722,940.
A 20% reduction will give an annual benefit of $1,744,588.
Comparing the monetary benefits of the proposed provisions against
the compliance cost to industry, the annual cost of the regulations is
estimated to be $5,921,383.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) governmental jurisdictions
with populations of less than 50,000.
The majority of facilities are owned by large corporations. The new
requirements proposed by this NPRM, measured against the proposed
relief from other requirements currently in effect, will result in a
negligible cost increase for facilities that presently comply with part
154.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposal, if adopted, will not have a significant economic impact
on a substantial number of small entities. If, however, you think that
your business or organization qualifies as a small entity and that this
proposal will have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposal
will economically affect it.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection-of-information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection-of-information requirements include
reporting, recordkeeping, notification, and other, similar
requirements.
This proposal contains new collection-of-information requirements
in the following sections: Sec. 154.310, [[Page 10049]] Sec. 154.710
and Sec. 154.560. The following particulars apply:
DOT No: 2115.
OMB Control No.: 2115-0078.
Administration: U.S. Coast Guard.
Title: Changes to regulations covering Facilities Transferring Oil
or Hazardous Materials in Bulk.
Need for information: It is proposed that information presently
kept separately, now be kept in the same location as the operations
manual by Sec. 154.740. However, little new information is required and
since it is proposed that the information be kept with the operations
manual, not in it, no additional review requirements are proposed.
Maintaining all records in one location where it is readily assessable
will encourage facility owners and operators to be better prepared and
thereby help to prevent spills and accidents resulting from improper
procedures. Also, consolidation of the information with the operations
manual will assist Coast Guard enforcement personnel in performing
their duties in an efficient and effective manner. Section 154.710
would require a facility to submit a training program for persons in
charge to the COTP for review and approval. Training programs are
necessary to ensure the competency of the personnel filling this
critical position. The proposal allows facility operators the
flexibility of designing a program that meets their needs.
Proposed use of information: To determine regulatory compliance.
Frequency of response: Occasional and annual.
Burden estimate: 7,258.
Respondents: 3,130 operators of bulk oil and hazardous material
transfer facilities.
Form(s): Not applicable.
Average burden hours per respondent: 1.9
The Coast Guard has submitted the requirements to OMB for review
under section 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. The Coast Guard
intends to preempt State and local law only to the extent that
compliance with the State law would preclude compliance with these
proposed requirements.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that preparation of an Environmental Impact
Statement is not necessary. An Environmental Assessment and a draft
Finding of No Significant Impact are available in the docket for
inspection or copying where indicated under ADDRESSES.
The majority of the proposed changes are administrative in nature
and involve the maintenance of records and descriptions of procedures
to be retained in the operations manual. Other proposed revisions
involve changes in equipment or procedures that are designed to enhance
environmental protection by attempting to prevent spills of oil and
hazardous materials from bulk liquid facilities or minimize the effects
of such occurrences. Therefore, these revisions should have only a
positive affect upon the environment.
List of Subjects
33 CFR Part 154
Fire prevention, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR parts 154 and 156 as follows:
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIALS IN
BULK
1. The authority citation for part 154 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321 (j)(1)(C), (j)(5), (j)(6) and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is
also issued under 33 U.S.C. 2735.
Subpart A--General
2. In Sec. 154.100, paragraph (a) is revised and a new paragraph
(d) is added to read as follows:
Sec. 154.100 Applicability.
(a) This part applies to each facility that is capable of
transferring oil or hazardous material, in bulk, to or from a vessel,
where the vessel has a total capacity, from a combination of all bulk
products carried, of 250 barrels or more. This part does not apply to
the facility when it is in a caretaker status.
* * * * *
(d) The following sections of this part apply to mobile facilities:
(1) Section 154.107 Alternatives.
(2) Section 154.108 Exemptions.
(3) Section 154.110 Letter of intent.
(4) Section 154.120 Facility examinations.
(5) Section 154.300 Operations manual: General.
(6) Section 154.310 Operations manual: Contents. Paragraphs (a)(2)
through (a)(7), (a)(9), (a)(12), (a) (14) through (17), (a) (20)
through (24), (c), and (d).
(7) Section 154.320 Operations manual: Amendment.
(8) Section 154.325 Operations manual: Letter of adequacy.
(9) Section 154.500 Hose assemblies. Paragraphs (a)(1), (b)(1),
(c), (d) (1) through (3), and (e) (1) through (4).
(10) Section 154.530 Small discharge containment. Paragraphs (a)
(1) through (2), and (d).
(11) Section 154.545 Discharge containment equipment.
(12) Section 154.550 Emergency shutdown.
(13) Section 154.560 Communications.
(14) Section 154.570 (c) and (d) Lighting.
(15) Section 154.700 General.
(16) Section 154.710 Persons in charge: Designation and
qualification.
(17) Section 154.730 Persons in charge: Evidence of designation.
(18) Section 154.735 Safety requirements. Paragraphs (a) through
(d), (f) through (g), (i), (j) (1) through (2), (k) (1) through (2),
(l) through (m), (o) through (q), (r) (1) through (3), (s), and (u)
through (v).
(19) Section 154.740 Records. Paragraphs (a) through (f).
(20) Section 154.750 Compliance with operations manual.
3. In Sec. 154.105, the following definition Caretaker status is
added in alphabetical order, and the definitions of Facility, and
Transfer are revised, to read as follows:
Sec. 154.105 Definitions.
* * * * *
Caretaker status denotes a facility where all piping, storage
tanks, and related equipment is completely free of oil or hazardous
material; that has been certified as being gas free; where piping
terminating near any body of water has been blanked; and where the
letter of adequacy has been suspended by the COTP upon request of the
facility.
* * * * * [[Page 10050]]
Facility means either an onshore or offshore facility and includes,
but is not limited to, structures, equipment, and appurtenances
thereto, used or capable of being used to transfer oil or hazardous
material to or from a vessel or public vessel. Also included are
facilities that tank clean or strip and any floating structure that is
an intricate part of the facility's operation. A facility includes
Federal, State, municipal, and private facilities.
* * * * *
Transfer means any movement of oil or hazardous material to, from,
or within a vessel by means of pumping, gravitation, or displacement. A
transfer is considered to begin when all connections are made so that
such movement is possible, regardless of when the actual movement
begins.
* * * * *
4. In Sec. 154.107, paragraph (b) is revised to read as follows:
Sec. 154.107 Alternatives.
* * * * *
(b) The COTP takes final approval or disapproval action on the
request, submitted in accordance with paragraph (a) of this section, in
writing, within 60 days of receipt of the request.
5. In Sec. 154.110, paragraph (b)(1) is revised to read as follows:
Sec. 154.110 Letter of intent.
* * * * *
(b) * * *
(1) The names, addresses, and telephone numbers of the facility
operator and the facility owner;
* * * * *
Subpart B--Operations Manual
6. In Sec. 154.310, paragraphs (a)(2), (a)(5), (a)(7), (a)(16) and
(a)(22) are revised and paragraph (a)(23) is added to read as follows:
Sec. 154.310 Operations manual: Contents.
(a) * * *
(2) A physical description of the facility including a map of the
facility, drawn to scale, showing the boundaries of the facility,
mooring areas, transfer locations, control stations, wharfs, the extent
and scope of piping subject to the tests required by Sec. 156.170(c)(4)
of this chapter, and the locations of safety equipment;
* * * * *
(5) A copy of the Material Safety Data Sheet for each product
transferred at the facility;
* * * * *
(7) The names and telephone numbers of the qualified individual
identified under Sec. 154.1026 and the Coast Guard, State, local, and
other personnel who may be called by the employees of the facility in
an emergency.
* * * * *
(16) The maximum allowable working pressure (MAWP) of each loading
arm, transfer pipe system, and hose assembly required to be tested by
Sec. 156.170 of this chapter, including the maximum relief valve
setting (or maximum system pressure when relief valves are not
provided) for each transfer system;
* * * * *
(22) Statements explaining that each hazardous materials transfer
hose is marked with either the name of each product which may be
transferred through the hose or with letters, numbers or other symbols
representing all such products and the location in the operations
manual where a chart or list of symbols used and a list of the
compatible products which may be transferred through the hose can be
found for consultation before each transfer; and
(23) For facilities that tank clean or strip, a description of
their procedures.
* * * * *
7. In Sec. 154.320, paragraph (a)(1) is revised to read as follows:
Sec. 154.320 Operations manual: Amendment.
(a) * * *
(1) The COTP will notify the facility operator in writing of any
inadequacies in the operations manual. The facility operator may submit
written information, views, and arguments regarding the inadequacies
identified, and proposals for amending the manual, within 45 days from
the date of the COTP notice. After considering all relevant material
presented, the COTP shall notify the facility operator of any amendment
required or adopted, or the COTP shall rescind the notice. The
amendment becomes effective 60 days after the facility operator
receives the notice, unless the facility operator petitions the
Commandant to review the COTP's notice, in which case its effective
date is delayed pending a decision by the Commandant. Petitions to the
Commandant must be submitted in writing via the COTP who issued the
requirement to amend the operations manual.
* * * * *
Subpart C--Equipment Requirements
8. In Sec. 154.500, paragraphs (a) and (b) are revised to read as
follows:
Sec. 154.500 Hose assemblies.
* * * * *
(a) The minimum design burst pressure for each hose assembly must
be at least four times the sum of the pressure of the relief valve
setting (or four times the maximum pump pressure when no relief valve
is installed) plus the static head pressure of the transfer system at
the point where the hose is installed.
(b) The maximum allowable working pressure (MAWP) for each hose
assembly must be more than the sum of the pressure of the relief valve
setting (or the maximum pump pressure when no valve is installed) plus
the static head pressure of the transfer system at the point where the
hose is installed.
* * * * *
9. Section 154.520 is revised to read as follows:
Sec. 154.520 Closure devices.
(a) Except as provided in paragraph (b) of this section, each
facility to which this part applies must have enough butterfly valves,
wafer-type resilient seated valves, blank flanges, or other means
acceptable to the COTP to blank off the ends of each hose or loading
arm that is not connected for the transfer of oil or hazardous
material. Such hoses must be blanked off during the transfer of oil or
hazardous material.
(b) New, unused hose, and hose that has been cleaned and is gas
free, is exempt from the requirements of paragraph (a) of this section.
10. In Sec. 154.530, paragraph (a) is revised and paragraph (e) is
added to read as follows:
Sec. 154.530 Small discharge containment.
(a) Except as provided in paragraphs (c), (d) and (e) of this
section, each facility to which this part applies must have fixed
catchments, curbing, or other fixed means to contain oil or hazardous
material discharged in at least--
(1) Each hose handling area (that area on the facility that is
within the area traversed by the free end of the hose or loading arm
when moved from its normal stowed or idle position into a position for
connection);
(2) Each hose connection manifold area; and
(3) Under each hose connection during coupling, uncoupling, and
transfer.
* * * * *
(e) Fixed or portable containment may be used to meet the
requirements of paragraph (a)(3) of this section.
11. Section 154.540 is revised to read as follows:
Sec. 154.540 Discharge removal.
Each facility to which this part applies must have a means to
safely [[Page 10051]] remove discharged oil or hazardous material,
within one hour of its release, from the containment required by
Sec. 154.530 without discharging the oil or hazardous material into the
water.
12. In Sec. 154.545, paragraph (e) is added to read as follows:
Sec. 154.545 Discharge containment equipment.
* * * * *
(e) Equipment and procedures maintained to satisfy the provisions
of this chapter may be utilized in the planning requirements of subpart
F of this part.
13. In Sec. 154.560, paragraph (e) is revised to read as follows:
Sec. 154.560 Communications.
* * * * *
(e) Portable radio devices used to comply with paragraph (a) of
this section during the transfer of flammable or combustible liquids
must be marked as intrinsically safe by the manufacturer of the device
and certified as intrinsically safe by a national testing laboratory or
other certification organization approved by the Commandant.
Subpart D--Facility Operations
14. In Sec. 154.710, paragraphs (c) and (d), introductory text,
(d)(7) and (d)(8) are revised and paragraph (d)(9) is added to read as
follows:
Sec. 154.710 Persons in charge: Designation and qualification.
* * * * *
(c) That person has completed a training program, established by
the facility operator and approved by the Captain of the Port in
accordance with Secs. 154.720(a)(23) and 154.325, that provides the
person with the knowledge and training necessary to properly operate
the transfer equipment at that facility, perform the duties described
in paragraph (d) of this section, follow the procedures required by
this part, and fulfill the duties required of a person in charge during
an emergency, except that for new facilities, the Captain of the Port
may authorize alternative experience and training requirements and;
(d) The facility operator must certify that the person in charge
has the knowledge and skills necessary to--
* * * * *
(7) Follow local discharge reporting procedures;
(8) Carry out the facility's response plan for discharge reporting
and containment; and
(9) Visually observe transfers continuously throughout the transfer
operations to ensure compliance with the procedures required by this
part and be immediately available to the transfer personnel.
15. In Sec. 154.735, the introductory text, paragraphs (l), and (s)
through (t) are revised and paragraphs (u) through (w) are added to
read as follows:
Sec. 154.735 Safety requirements.
Each operator of a facility to which this part applies shall ensure
that the following safety requirements are met at the facility:
* * * * *
(l) All welding or hot work conducted at the facility, or on any
vessel moored to the facility, is the responsibility of the facility
owner and operator.
* * * * *
(s) Tank cleaning or gas freeing operations conducted by the
facility on vessels carrying oil residues or mixtures shall be
conducted in accordance with sections 8.1, 8.2, 8.3, and 8.5 of the
International Safety Guide for Oil Tankers and Terminals (ISGOTT).
Except that--
(1) Prohibitions in ISGOTT against the use of recirculated wash
water do not apply if the wash water is first processed to remove
product residues;
(2) The provision in ISGOTT section 8.2.10 concerning flushing the
bottom of tanks after every discharge of leaded gasoline does not
apply;
(3) The provision in ISGOTT section 8.2.11 concerning the removal
of sludge, scale, and sediment does not apply if personnel use
breathing apparatus which protect them from the tank atmosphere; and
(4) Upon the request of the facility owner or operator in
accordance with Sec. 154.107, the COTP may allow the use of alternative
standards to ISGOTT if the COTP determines that the alternative
standards provide an equal level of protection to the ISGOTT standards.
(t) Guards shall be stationed, or equivalent controls acceptable to
the COTP shall be used, to detect fires, report emergency conditions,
and ensure that access to the marine transfer area from the shoreside
and waterside is limited to--
(1) Personnel who work at the facility including persons assigned
for transfer operations, vessel personnel, and delivery and service
personnel in the course of their business;
(2) Coast Guard personnel;
(3) Other Federal, State, or local governmental personnel; and
(4) Other persons authorized by the operator.
(u) Except for those specified in paragraphs (t)(1) and (2) of this
section, no person is to be allowed into the marine transfer area
unless that person is identified by a facility-issued identification
card or other identification card displaying his or her photograph, or
is an escorted visitor displaying an identifying badge.
(v) Smoking shall be prohibited at the facility except that
facility owners or operators may authorize smoking in designated areas
if--
(1) The designated smoking areas are in accordance with local
ordinances and regulations;
(2) Signs are conspicuously posted marking such authorized smoking
areas; and
(3) ``No Smoking'' signs are conspicuously posted elsewhere on the
facility.
(w) Warning signs shall be displayed on the facility at the point
of transfer, without obstruction, at all times for fixed facilities and
for mobile facilities during the coupling, transfer operation, and
uncoupling. The warning signs shall conform to 46 CFR 151.45-2(e)(1) or
46 CFR 153.955.
16. In Sec. 154.740, the introductory text and paragraph (b) are
revised to read as follows:
Sec. 154.740 Records.
Each facility operator shall maintain in the same location as the
operations manual and make available for examination by the COTP:
* * * * *
(b) The name of each person designated as a person in charge of
transfer operations at the facility and certification that the person
in charge has completed the training requirements of Sec. 154.710;
* * * * *
PART 156--OIL AND HAZARDOUS RING OIL OR HAZARDOUS MATERIALS IN BULK
17. The authority citation for part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); sec. 2, E.O.
11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.
Subpart B also issued under 46 U.S.C. 3715(b).
Subpart A--Oil and Hazardous Material Transfer Operations
18. In Sec. 156.120, the introductory paragraph is revised to read
as follows:
Sec. 156.120 Requirements for transfer.
A transfer is considered to begin when a physical connection of any
transfer hose or loading arm is made and no person shall conduct an oil
transfer operation unless--
* * * * * [[Page 10052]]
19. In Sec. 156.160, paragraph (c) is revised to read as follows:
Sec. 156.160 Supervision by person in charge.
* * * * *
(c) No person shall transfer oil or hazardous material to or from a
vessel unless each person in charge can visually observe the transfer
operation continuously throughout the transfer and each person in
charge is immediately available to the transfer personnel.
20. In Sec. 156.170, paragraphs (c)(1)(iv) and (f)(1) are revised,
paragraph (f)(2) is redesignated as (f)(3) and revised and new
paragraphs (f)(2) and (h) are added to read as follows:
Sec. 156.170 Equipment tests and inspections.
* * * * *
(c) * * *
(1) * * *
(iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of
this section, may be acceptable after a static liquid pressure test is
successfully completed in the presence of the COTP.
* * * * *
(f) The frequency of the tests and inspections required by this
section must be--
(1) For active facilities, annually or within 30 days of the first
transfer conducted past one year from the date of the last tests and
inspections;
(2) For a facility in caretaker status, within 30 days of the first
transfer after the facility is removed from caretaker status; and
(3) For vessels, annually or as part of the biennial and mid-period
inspections.
* * * * *
(h) Upon the request of the owner or operator, the COTP may allow
alternative methods of compliance to the testing requirements of
paragraph (c) of this section if the COTP determines that the
alternative methods provide an equal level of protection.
Dated: February 14, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-4405 Filed 2-22-95; 8:45 am]
BILLING CODE 4910-14-P