[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39788-39802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18762]
[[Page 39787]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Parts 126 and 127
Waterfront Facilities Handling Liquefied Hazardous Gas; Final Rule
Federal Register / Vol. 60, No. 149 / Thursday, August 3, 1995 /
Rules and Regulations
[[Page 39788]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 126 and 127
[CGD 88-049]
RIN 2115-AD06
Waterfront Facilities Handling Liquefied Hazardous Gas
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its regulations for waterfront
facilities capable of transferring liquefied hazardous gas, or ``LHG'',
in bulk, to or from vessels. The transfer of LHG prevents hazards
similar to those from the transfer of liquefied natural gas, or
``LNG'', yet facilities capable of transferring LNG in bulk are subject
to much more stringent requirements. The amended regulations will
strengthen the requirements for the transfer of LHG and move those
requirements from part 126 to part 127.
DATES: This rule is effective on January 30, 1996. The Director of the
Federal Register approves as of January 30, 1996 the incorporation by
reference of certain publications listed in this rule.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA, 3406) [CGD 88-049],
U.S. Coast Guard Headquarters, 2100 Second Street SW., Room 3406,
Washington, DC 20593-0001 between 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays. The telephone number is (202) 267-
1477.
FOR FURTHER INFORMATION CONTACT:
Mr. Gary W. Chappell, Port Safety and Security Division (G-MPS-3), by
telephone (202) 267-0491 or fax (202) 267-0506.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Gary W. Chappell, Project Manager, and Mr. Patrick J. Murray, Project
Counsel, Office of Chief Counsel.
Regulatory History
On October 5, 1993, the Coast Guard published a notice of proposed
rulemaking entitled ``Waterfront Facilities Handling Liquefied
Hazardous Gas'' in the Federal Register (58 FR 51906). The Coast Guard
received 26 Letters commenting on the proposal. No public meeting was
requested, and none was held.
Background and Purpose
The Coast Guard has determined that it needs to regulate transfers
of LHG, in bulk, to and from vessels at waterfront facilities. Data
collected over the last 10 years on deaths, injuries, and property
damage resulting from accidents during these transfers indicate that
restrictions on equipment and on operating procedures will prevent and
mitigate damage and personal injuries. Although the transfer of LHG
falls under the existing requirements in 33 CFR part 126, the available
data indicate that these requirements are not adequate. LHG presents
hazards similar to those of LNG, when transferred in bulk, yet
facilities that transfer LNG fall under much stricter regulatory
requirements than those that transfer LHG. The Coast Guard is
establishing new regulations for waterfront facilities handling LHG in
33 CFR part 127 that expand upon the regulations in part 126 and
include requirements similar to those for LNG facilities already in
part 127.
This rule is being implemented under the authority of the Ports and
Waterways Safety Act (PWSA), as amended (33 U.S.C. 1221 et seq.) There,
Congress declared that the safety of vessels and protection of the
marine environment are matters of major national concern and that
increased supervision of activities in ports is necessary. The PWSA
authorized the Secretary of Transportation to take whatever measures
are necessary to protect structures or areas of land in or adjacent to
the navigable waters of the United States, including measures for the
loading, movement, unloading, storage, and other handling of hazardous
materials on waterfront facilities. The Coast Guard maintains that the
hazards presented by these materials justify the measures in this rule
for the handling of LHG.
Discussion of the Comments on and Changes to the NPRM
The Coast Guard received 26 letters commenting on the notice of
proposed rulemaking (NPRM) entitled ``Waterfront Facilities Handling
Liquefied Hazardous Gas'' published in the Federal Register on October
5, 1993. It considered those comments in developing this final rule.
1. Two comments stated that the regulations duplicate the
requirements of both the Occupational Safety and Health Administration
(OSHA) and the Environmental Protection Agency (EPA). The comments
suggested that the Coast Guard work with these two agencies to avoid
duplicative requirements and, thereby, reduce the regulatory burden on
the industry. The Coast Guard concurs in part. So far as OSHA, EPA, or
other agencies of the Federal government have established similar
requirements, this rule permits the use of documents, procedures, or
training established under those requirements to satisfy requirements
of the Coast Guard. For example, this rule allows the substitution of
requirements of OSHA (29 CFR 1910.120) and EPA (40 CFR 311.1), on
training in hazardous-waste operations and emergency response, to meet
the requirements in Sec. 127.1302, so far as such training addresses
these requirements.
Representatives of the Coast Guard and OSHA met to resolve
potential duplicate requirements, however, and found that they do not
exist to the extent suggested by the commenters. Under 29 CFR
1910.5(b), the requirements in 29 CFR part 1910 do not apply within the
``marine transfer area for LHG'' because the Coast Guard has elected to
regulate this area. Requirements of OSHA do apply where the Coast Guard
has not established comparable requirements within the marine transfer
area. In spite of attempts to harmonize these requirements with those
of other agencies, some differences persist because these address the
hazards of operations on waterfront facilities transferring LHG in bulk
more specifically than do the general standards for industry at large
developed by OSHA and EPA. But these are matters of particularity, not
outright conflict.
2. Coast Guard regulatory standards now require the primary weights
and measures to be specified in metric units. Therefore, though no
comment raised this issue, this rule specifies all weights and measures
in metric units followed by English equivalents. The conversions of
weights and measures ensure that equipment or procedures complying with
the English values in the NPRM will also comply with the metric values
in this rule. So the conversions should have no impact on compliance
with this rule.
3. One comment recommended that the most current edition of the
materials incorporated by reference be cited in this rule. The Coast
Guard concurs, since the most current edition represents the latest
thought and since it is difficult for industry to obtain copies of
outdated standards anyway. Section 127.003 of this rule reflects the
latest edition of each publication. Because the NPRM cited what are
still the latest editions of (1) ANSI S12.13,
[[Page 39789]]
Part 1, Performance Requirements, Combustible Gas Detectors, (2) API RP
2003, Protection Against Ignitions Arising Out of Static, Lighting and
Stray Currents, and (3) ASTM F-1121, International Shore Connections
for Marine Applications, this rule cites the same editions. Because
ANSI B16.5, Pipe Flanges and Flanged Fittings, has subsumed its
standard, ANSI B16.31, Non-Ferrous Pipe Flanges, has dropped from the
list of material incorporated by reference.
The Coast Guard compared the older editions of the standards listed
in the NPRM that apply to LHG with the latest editions listed in this
rule and found no significant changes between them. It did the same
with editions that apply to LNG facilities and likewise found no
significant changes between them. Consequently, the updating of
standards incorporated by reference will have no impact on existing LNG
facilities.
4. Three comments asked that existing LHG facilities be
grandfathered out of the standards incorporated by reference in
Sec. 127.003. The Coast Guard does not concur. These standards are
widely accepted and used by industry. They are minimal. To accept less
would not achieve the desired level of safety. However, the COTPs may
approve alternatives for existing facilities built to different
standards if the alternatives yield an equivalent level of safety.
5. Seven comments sought clarification of the definition of the
``marine transfer area for LHG'' in Sec. 127.005. The Coast Guard
believes that it has adequately defined this area. The area encompasses
the pier or wharf in its entirety, including the cargo manifold, as
well as that part of piping cargo and vapor inland from the pier to the
first shutoff valve. Here, ``inland'' refers to the direction along the
piping away from the vessel. Some of the confusion on this issue
resulted from a misprint in the NPRM that replaced ``LNG'' with ``LHG''
in the definition of ``Marine Transfer Area for LNG''. This error has
been corrected in this rule. Any facility operator uncertain where the
area ends should reach a written understanding with the COTP on where
the COTP will enforce this rule.
6. Three comments stated that it would be difficult to provide
specific vessel-arrival and cargo data in the ``Letter of Intent,'' as
required by Sec. 127.007(d)(5). The comments asserted that LHG
facilities rarely know in advance the type of vessel or frequency of
arrivals. Section 127.007(d)(5) does not require facilities to list
specific vessel-arrival or cargo data. The purpose of the ``Letter of
Intent'' is to give the COTP general notice of both the type and
estimated number of LHG vessels that may call at the facility and the
size of shipments. This information can easily be obtained from the
facility-design specifications.
7. Two comments requested a 60-day phase-in period to allow time to
prepare the letter of intent required under Sec. 127.007 and a 6-month
phase-in period to allow time to prepare the manuals required under
Sec. 127.019. The effective date of this rule will occur 180 days after
publication of this rule in the Federal Register. This delay should
provide enough time to comply with the requirements of this rule,
including submitting, and if necessary amending, the letter of intent
and all manuals.
8. Four comments requested clarification of the length of cargo
piping that must be cleared of LHG before a vessel may disconnect.
According to the comments, Sec. 127.1101(c) requires the entire length
of the piping from the dock to the storage tank to be cleared of LHG.
This length of piping can run several hundred feet and take up to four
hours to clear, with no significant improvement in safety. Section
127.1101(c) states that hoses and loading arms must be cleared. It does
not refer to the piping. This rule does not require any part of the
piping to be cleared of LHG before the disconnecting of the vessel.
9. Two comments alleged a conflict between Secs. 127.1101 and
127.1321. Section 127.1101(c) requires bleeds and vents to allow LHG or
its vapor to discharge to a safe area, while Sec. 127.1321 bans the
intentional release of LHG into the environment. This rule defines
``release,'' in Sec. 127.005, to clarify this term. It allows a minor
release of LHG or its vapor under certain conditions. But it in no way
authorizes releases prohibited by other law. Section 127.110(c)
clarifies the term ``safe area'' by adding the phrase ``such as a tank
or flare'' to the end of the last sentence.
10. Two comments recommended limiting the applicability of
Sec. 127.1102(a) to ``each hose used in the marine transfer of LHG or
its vapors.'' These requirements are to govern hoses used to transfer
LHG or its vapors to or from vessels within the marine transfer area.
In some cases hoses not used for the transfer of LHG or its vapors to
or from vessels may be in the area, or hoses used for it may be outside
the area. To clarify this point this rule revises Sec. 127.1102(a).
11. Three comments asked that continuously manned docks be
acceptable as a substitute for alarms on loading arms under
Sec. 127.1102(b)(4). While an alarm is the preferred method of alerting
personnel that the loading arm is approaching the limits of its
extension, personnel carefully watching the arm's extension can perform
it, too. This rule amends Sec. 127.1102(b)(4) to allow a personnel
watch to substitute for an alarm if the operations manual establishes
such a watch.
12. Two comments requested clarification of the term ``new
construction'' in Sec. 127.1103(a). The term ``new'' is defined in
Sec. 127.005. The term ``new construction'' means any piers, wharves,
buildings, or pipelines constructed after the effective date of this
rule. It also covers replacement of any existing piers, wharves,
buildings, or pipelines. But it does not cover minor repairs or repairs
made in kind to these.
Similarly, this rule modifies Sec. 127.1105 to clarify that it
applies only to new waterfront facilities handling LHG, and to all new
construction in the marine transfer area for LHG of existing
facilities. An introductory text, new paragraph (a) of Sec. 127.1105,
clarifies this point.
13. Five comments requested clarification of the requirements in
Sec. 127.1103. They wanted to know whether the substructure at an
existing LHG facility has to comply with the fire-endurance
requirements. Because industry standards generally grandfather existing
construction, Sec. 127.1103(b) is intended to apply only to new
facilities and new construction as defined in Sec. 127.005. To clarify
this point, this rule revises Sec. 127.1103(b) to read: ``Each
substructure on a new waterfront facility handling LHG, and all new
construction in the marine transfer area for LHG of each existing
facility, * * *.''
14. One comment sought amendment of Sec. 127.1107 to allow the use
of equipment approved by organizations other than Underwriters
Laboratories, Inc., and Factory Mutual Research Corporation, which are
the only organizations whose approval NFPA 70 recognizes. While the
Coast Guard has reserved the authority to allow approvals by other
organizations acceptable to the Commandant in regulating vessels, it
will not reserve as much in regulating waterfront facilities. Unlike
vessels, waterfront facilities are subject to State and local
authorities, who generally apply NFPA standards. If the Coast Guard
applied standards different from those applied by State and local
authorities, facility operators would have a harder time determining
what equipment they could use. Consequently, Sec. 127.1107 remains
unchanged. Requests to recognize
[[Page 39790]]
approvals by other organizations should go to the appropriate NFPA
committee.
15. Two comments requested clarification of Sec. 127.1109 to
indicate what surface would be the reference point for measuring
illumination and where the requirement of 11-lux illumination applies.
This rule revises Sec. 127.1109 to indicate that illumination should be
measured 1 meter (3.3 feet) above the walking surface and that the
requirement of 11-lux illumination applies to the ``remainder of the
marine transfer area for LHG''.
16. Two comments asked that Sec. 127.1203 allow the use of fixed
gas-detectors. The Coast Guard concurs, and Sec. 127.1203 of this rule
allows the use of fixed as well as portable gas-detectors.
17. Four comments recommended that Sec. 127.1203(b) exempt
facilities handling anhydrous ammonia from its requirement of gas-
detectors. The comments asserted that anhydrous ammonia is detectable
by smell at 1-2 parts per million (ppm) and is very offensive at 15-20
ppm, both amounts falling well below the Permissible Exposure Limit
(PEL) of OSHA. Smell can indeed determine the presence of ammonia,
although it cannot determine the concentration. That section does
exempt facilities that handle anhydrous ammonia from its requirement of
gas detectors. However, such facilities must assume that the PEL of
OSHA had been exceeded whenever smell determines the presence of
ammonia, unless a gas-detector determines a lower concentration.
18. One comment suggested that gas-detectors are of little value
because products such as butane, propane, and propylene quickly
evaporate when released. The Coast Guard does not concur. Although LHGs
quickly evaporate when exposed to atmospheric temperature and pressure,
many LHG vapors are heavier than air. Their vapors may remain at ground
level, possibly in explosive concentrations, or may accumulate in sumps
or nearby buildings, possible presenting hazardous conditions.
19. Six comments requested clarification of whether pumps or
compressors not used in the transfer of LHG from a vessel to the
facility or vice versa--for example, those used in the transfer of LHG
to rail cars--are subject to the emergency-shutdown requirements in
Sec. 127.1205(c). The comments contend that for safety reasons
facilities must be free to transfer LHG within the facility. Section
127.1205(c) applies only to those pumps and compressors that transfer
LHG, or its vapors, to or from the vessel. It does not apply to other
pumps or compressors within the facility. This rule now indicates that,
when activated, the actuator must automatically shut down ``any
terminal pumps or compressors used to transfer LHG, or its vapors, to
or from the vessel.''
20. Eight comments recommended that the warning alarm proposed by
Sec. 127.1207 consist in either a light or a siren, not in both. The
alarm required by this rule, like that proposed, consists in both a
light capable of being seen, and a siren capable of being heard, at one
mile. Three stated that the audibility of a siren may be diminished by
engine-room noise aboard approaching vessels. Two stated that the
visibility of a light may be limited by hilly terrain, river bends, and
other obstructions. One stated that the alarm would cause confusion
because without prior notice the public would not understand its
significance.
The purpose of the alarms is to warn both persons at the facility
and the general public, including passing marine traffic, of a hazard
at the facility. The Coast Guard believes that the prescribed alarms,
together, are the best means to warn everyone intended. It agrees that
under certain circumstances one of the alarms may not be effective, but
believes that this fact further validates the need for both alarms,
rather than for either. A facility can always ask the COTP for approval
of an alternative arrangement under Sec. 127.017. Although alarms are
more effective if a community knows what to expect, the Coast Guard
believes that the facility operator should determine how to educate the
community. Therefore, it has kept Sec. 127.1207 as it proposed it.
21. Seven comments suggested that no facility handling toxic LHGs
be responsible for providing respiratory protection under Sec. 127.1209
to personnel other than its own (personnel servicing, delivering to, or
belonging to the vessel, or servicing or delivering to the facility)
who may have reason to be in the marine transfer area. A facility may
not always know who these personnel are or how many of them would be in
the area at any given time. One comment recommended that the
respiratory protection be required only during transfers. the Coast
Guard agrees that it may be difficult and impracticable for a facility
to provide a sufficient number of respirators for everyone who may pass
through the area. Accordingly, Sec. 127.1209 requires facility
operators to provide respiratory protection only for their employees
since only those employees are likely to be in the area for any
significant amount of time during transfers. That section also
clarifies that the respiratory protection needs to be provided only
during transfers.
22. Five comments recommended that the Coast Guard delete certain
training requirements in Sec. 127.1302 when a facility has fire or
medical department of the facility or when such services are readily
available from local governmental agencies. The Coast Guard does not
concur. In many emergencies, properly trained transfer personnel will
be the most effective resource to take immediate corrective action and
thereby prevent minor incidents from becoming catastrophes. In some,
even fire and medical departments located on the facility, but away
from the marine transfer area, may not be able to arrive on scene in
time. In others, it may be more effective for the facility to evacuate
its transfer personnel and allow others to respond. In any event,
properly trained transfer personnel afford the facility greater
flexibility in determining how to respond.
To avoid unnecessary duplication, Sec. 127.1302(d) accepts training
performed to meet requirements of OSHA (29 CFR 1910.120) and EPA (40
CFR 311.1) on hazardous-waste operations and emergency response, to the
extent that this training addresses the subjects in Sec. 127.1302(a).
23. Two comments recommended that training in the ``configuration
and limitations of LHG vessel cargo systems'', required by proposed
Sec. 127.1302(a)(7), be deleted. The comments stated that it is
difficult for a facility to forecast the types of LHG vessels that will
arrive at the terminal. Moreover, personnel of a facility do not board
the vessels. This requirement does not mandate training in cargo
systems of specific LHG vessels. Rather, it requires transfer personnel
to be knowledgeable in the ``configuration and limitations'' of cargo
systems of LHG vessels that may call at the facility. This knowledge is
necessary so that these personnel understand the impact that their acts
can have upon the vessel. Although changed editorially and renumbered
as Sec. 127.1302(a)(6), proposed Sec. 127.1302(a)(7) remains unchanged
in substance.
24. Four comments recommended that the requirements in
Sec. 127.1311 on movement and control of vehicles not apply to an LHG
facility that handles only toxic cargoes since these cargoes do not
present a fire hazard. One comment stated that this requirement would
leave a large part of the facility inaccessible to vehicular traffic
with no appreciable increase in safety.
The Coast Guard does not concur. Approaches to the marine transfer
area, as much as the area itself, must stay
[[Page 39791]]
clear of vehicles to allow adequate escape routes and allow access for
emergency vehicles in cases of injury as well as fire. Even if the LHG
is not flammable, the pier, its equipment, or the vessel can catch fire
and necessitate this access. Furthermore, similar requirements in 33
CFR part 126 already apply to existing LHG facilities. However, for
consistency with the requirements for LHG facilities, the distance from
storage containers, manifolds, loading arms, or independent mating
flanges containing a flammable liquid or vapor has dropped from 30 to
15 meters.
25. Two comments suggested that Sec. 127.1313 not apply to
facilities that handle toxic LHGs. The Coast Guard does not concur. It
is essential that the amount of hazardous material stored in the marine
transfer area be restricted, to limit the risk of catastrophe. This
material may still be stored nearby, outside the area.
26. Two comments stated that Sec. 127.1313 prohibits the storage of
fuel oil for such equipment as an emergency generator. The Coast Guard
does not intend to preclude facilities from storing reasonable amounts
of fuel oil for such equipment. Accordingly, Sec. 127.1313(a)(2) of
this rule allows facilities to store, in the marine transfer area, fuel
``required by * * * emergency equipment'' in the area. The term
``required by'' should limit the amount of fuel stored to the amount
necessary in an emergency.
27. Four comments recommended that the Coast Guard delete the
requirements in Sec. 127.1315(i) for tests of the emergency shutdown
and of the warning alarm before each transfer. The comments asserted
that these tests would disrupt facilities with frequent transfers and
that repeated tests of the alarm might cause a local community to
disregard it altogether. One comment recommended tests of these items
every month, two recommended tests of them every two months, and one
recommended tests of them every year. The Coast Guard concurs that
tests before each transfer would be an excessive burden for some
facilities. OSHA (29 CFR 1910.165(d)(2)) requires tests every two
months. For the emergency shutdown, tests every two months should be
adequate. But, for the warning alarms required under this rule, which
can upset a local community, tests every six months would be more
appropriate. These tests could be easier to conduct in conjunction with
a community-education campaign to increase awareness of their meaning.
Sections 127.1315(i) (3) and (4) have been deleted from the final rule.
Sections 127.1407 (e) and (f), requiring tests of the emergency
shutdown every two months and of the warning alarm every six months,
have been added to the final rule. If transfers of LHG occur less often
than the designated intervals, these tests may be conducted before each
transfer instead of at the designated interval.
28. Nine comments stated that the requirement in Sec. 127.1319(a),
that the facility notify the COTP 24 hours before a transfer of LHG, is
unrealistic and perhaps unattainable because a facility rarely knows
that far in advance the time a vessel will arrive. Frequent changes in
the time, due to weather, tides, schedule changes, or other operational
constraints, do occur. Two comments suggested that the COTP and the
facility should agree on how far in advance the facility should notify
the COTP. Three comments recommended a requirement that the facility
notify the COTP 4 hours before a transfer. The purpose of any such
requirement is to notify the Coast Guard of transfers early enough that
its personnel can periodically witness the transfers. Otherwise, the
Coast Guard cannot effectively enforce its rules. 33 CFR 126.27 now
requires ``prior notification'' without specifying the amount. The
Coast Guard believes that reducing the notice from 24 to 4 hours is
reasonable and has modified Sec. 127.1319(a) of this rule accordingly.
(The Coast Guard nonetheless encourages facilities to give as much
notice as they can so the Coast Guard can deploy its resources as
efficiently as it can.)
29. Three comments complained that Sec. 127.1319 does not clearly
indicate whether the person in charge (PIC) may supervise more than one
transfer at one time. Section 127.1319(b)(1) insists that the PIC have
``no other assigned duties during the transfer.'' Supervising an
additional transfer would constitute having another assigned duty.
Generally, it is not safe for a single PIC to supervise more than one
transfer at one time. However, supervising multiple transfers may be
safe because of other trained personnel involved in the transfers or it
may become necessary because of an emergency. To clarify this issue, a
new Sec. 127.1319(b)(2) indicates that the PIC may not supervise
transfers to or from more than one vessel at a time unless authorized
by the COTP. Proposed paragraphs (2) and (3) have become (3) and (4)
respectively.
30. One comment was concerned that Sec. 127.1319(c)(3)(i) requires
a facility to discontinue the transfer of LHG that is not flammable
when an electrical storm approaches. Another was concerned that
Sec. 127.1319(c)(3)(ii) requires the facility to discontinue the
transfer in cases of routine operational releases. The Coast Guard
concurs and has amended Sec. 127.1319(c)(3) to clarify both issues.
31. One comment stated that the rule does not clearly require cargo
hoses and loading arms to be drained and depressurized before being
disconnected from a vessel. Section 127.1101 requires ``an isolation
valve with a bleed connection, such that transfer hoses and loading
arms can be blocked off, drained or pumped out, and depressurized
before disconnecting''; however, nothing requires any act. To clarify
this point a new Sec. 127.1319(d) requires that hoses and loading arms
be drained and depressurized before being disconnected from a vessel.
(Two major casualties on waterfront facilities resulted from not
carrying out this procedure.)
32. Twelve comments asked that the Coast Guard define ``release''
as used in Sec. 127.1321. The NPRM would have required that, upon
``release'' of LHG or its vapor, a facility stop the transfer, notify
the COTP, and not resume the transfer until authorized by the COTP.
Because it specified no amount of ``release'', it would have required
these measures even if the amount would not cause harm to human health
or the environment. The commenters expressed concern that, as a rule,
it would disrupt operations for minor releases that typically accompany
connections and disconnections of hoses, tank gauging, sampling, and
other routine operations. For example, it could prohibit the use of
slip tubes (devices for gauging) because using a slip tube releases
minor amounts of vapor.
The Coast Guard agrees that a definition of ``release'' is
necessary to determine when a transfer should stop. The Coast Guard has
never intended to prohibit minor, routine releases unless they cause
harm to human health or the environment. It has defined ``release'' in
Sec. 127.005 of this rule to clarify for which releases the transfers
must stop and be reported to the COTP. For the purposes of this part a
``release'' is any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment, except a minor release of LHG, or its
vapor, that may occur during the routine handling of LHG. No release is
minor if it creates an atmosphere that exceeds the Lower Flammable
Limit (LFL) for a flammable product or any PEL listed in 29 CFR part
1910.1000, Table Z-1 or Z-2, for a toxic product. This definition of
``release'' is similar to that of
[[Page 39792]]
``discharge'' in the National Response Plan (40 CFR 300.5) except that
it also looks to flammability and exposure. Flammability and exposure
make sense as criteria because releases of some LHGs will meet them
long before the releases amount to a ``reportable quantity'' under 40
CFR part 302, and it is difficult to verify the size of a release of
liquefied gas after it vaporizes.
To further reduce the potential for frequent activation of the
warning alarms, Sec. 127.1321(a)(2) now requires their activation only
for releases that ``threaten vessels or persons outside the immediate
transfer area.'' This should eliminate the need to activate the warning
alarms for releases that, while more than minor, are small in that they
do not threaten persons outside the area. Generally, other means will
notify persons inside the area.
33. Three comments disliked the requirement in Sec. 127.1325(c) to
provide security guards. They argued that facilities cannot identify
personnel, check ID cards, escort personnel, or perform other
activities normally done by the guards. One suggested that facilities
using public docks be exempt because they control neither the docks nor
the persons who use them. Two recommended that Sec. 127.1325 apply only
during transfers.
The Coast Guard does not concur. Access to the transfer area must
be limited to reduce the risk of fire, explosion, or other calamities
resulting from vandalism or sabotage. Unless the piping and storage
tanks on the facility contain no LHG, and no LHG vapors, the potential
for a hazardous release exists even when no transfer is in progress. In
many cases, access to critical parts of the area may be effectively
restricted by means other than guards. (Unfortunately, these means and
where they will be acceptable are too numerous to list within this
rulemaking. Section 127.1325(c) lets the COTP approve alternative means
such as electronic monitoring or random patrols where the stationing of
guards is impracticable.)
34. One comment claimed that, because of the manpower entailed, it
was not reasonable to escort each person entering a facility. The Coast
Guard acknowledges that there are other good ways to prevent sabotage
and vandalism. Ensuring that persons entering the facility have
legitimate business on the facility, and display visitors' badges to
show they have been identified, should suffice. Badges will help
employees distinguish between authorized and unauthorized personnel.
Section 127.1325(b) reflects this change.
35. Six comments objected to conducting static liquid-pressure
(hydrostatic) tests of the piping, hoses, and loading arms of the LHG-
transfer system, as required by Sec. 127.1407(a). Instead, they
suggested using alternatives such as pneumatic tests.
Hydrostatic tests of cargo piping and hoses are already the rule of
33 CFR 126.15(o)(7)(iv). No comments indicated that this rule has
disrupted facilities. The Coast Guard believes that these tests provide
the safest and most effective means of determining the integrity of
piping and hoses. Nevertheless, the COTP may allow alternatives under
Sec. 127.017, if they provide the same degree of safety. (Authorities
have granted waivers for some existing facilities under 33 CFR 126.11,
and those waivers should continue.) To ease compliance,
Sec. 127.1407(b) reduces the pressure for the test from 1.5 times the
maximum allowable working pressure (MAWP) to 1.1 times the MAWP because
some LHGs are normally transferred at low working pressures.
36. One comment suggested recasting Sec. 127.1407(a) to clarify
which components of the cargo system need tests. Section 127.1407(a)
applies only to that part of the system located in the marine transfer
area. The section now says as much.
37. Four comments recommended that the firefighting requirements in
Secs. 127.1501 through 127.1511 not apply to facilities that handle
only toxic LHGs. Six comments suggested that the water-systems
requirements in Sec. 127.1507 not apply to these facilities. Four
comments recommended that the requirements of an international shore-
connection in Sec. 127.1511 not apply to these facilities. The Coast
Guard concurs with these comments in part.
Section 127.1501 requires a facility to determine the number, kind,
and site of equipment for fire detection, protection, control, and
extinguishment on the basis of local conditions and hazards within the
facility. This lets the facility determine the number, kind, and site
of equipment for these purposes on the basis of its design and
anticipated risks.
A facility that handles only toxic LHGs must determine whether its
design and anticipated risks call for the equipment specified in
Sec. 127.1507. Although no water may be needed for fighting fire in LHG
when a facility does not handle flammable LHG, it is a prime component
of a facility's overall fire-control efforts. It may be necessary to
protect the pier, the buildings, or vessels even if not to fight a fire
involving LHG. It is an excellent cooling agent; it effectively
protects personnel from fire and protects sprayed areas from radiated
heat. It can also remove some toxic gases from the air after a release
of toxic LHG. Therefore, it is usually essential in mitigating death,
injury, damage to equipment, and further spreading of a fire, even if
the LHG is not flammable.
The international shore-connection is to protect vessels, not the
facility. Therefore, the design and capability of vessels are more
important than area features of the facility for one determining
whether this equipment is necessary.
If, after careful consideration of its own design and of the
anticipated risks, a facility that handles toxic LHGs decides it does
not need the water supply required by Sec. 127.1507, then it must
justify this decision in the plan required by Sec. 127.1501. The plan
must consider pier and vessel fires in addition to cargo fires.
Existing facilities may certify their own plans. New facilities, and
facilities with any new construction, must have their plans reviewed
and approved by the COTP.
An international shore-connection makes it possible for fittings
with incompatible threads to connect. One is required on the facility
so that vessels moored to the facility have a source of water for
firefighting in case an onboard source of firefighting water is
nonexistent or inadequate. Incompatible threads generally are not a
problem for U.S.-flag vessels, and some facilities do not receive
foreign-flag vessels. To account for this, Sec. 127.1511 now requires
an international shore-connection only for those facilities that
receive foreign-flag vessels.
38. Five comments recommended that a facility with an on-site fire
department or with access to a local department be exempt from the
requirement in Sec. 127.1505 to provide emergency outfits. The intent
of this requirement is to enable rapid response for injured or trapped
personnel. An on-site department with appropriate outfits will meet the
requirement since the outfits have never had to be located within the
marine transfer area. The Coast Guard agrees that in some cases an off-
site response unit, if trained and if located close enough to the area,
may be able to provide an effective response. To confer greater
flexibility, Sec. 127.1505, renamed ``Emergency response and rescue'',
allows the use of either on-site or off-site response to emergencies.
An on-site response unit must furnish the appropriate training and
equipment, including outfits. Training and equipment that satisfy OSHA
[29 CFR 1910.120] will satisfy the Coast Guard. An off-site response
unit must enter a written agreement with the facility
[[Page 39793]]
indicating the services it will perform and the time within which it
will perform them to personnel in the area.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 127.003 for incorporation by reference under 5 U.S.C. 552 and 1
CFR part 51. The material is available as indicated in that section.
Regulatory Evaluation
This 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
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. A summary
follows.
This rule may produce discounted costs of about $17.3 million over
the next 25 years. Most of these costs will be borne by the waterfront
facilities regulated, with the remainder borne by the Coast Guard. This
rule will affect about 137 waterfront facilities. Over half of those
facilities also handle products subject to the pollution-prevention
regulations in 33 CFR parts 154 and 156, which contain similar
requirements. Costs to industry will arise primarily from purchase,
replacement, and maintenance of equipment, and secondarily from
training personnel and from collecting information. This rule should
produce benefits of about $4.8 million in discounted property damages
prevented, of 6 deaths prevented, and of 147 injuries prevented over
the next 25 years. The cost of achieving these benefits is less than
the value of life based on willingness to pay, assumed by most
economists; therefore, this rule is cost-beneficial. It may also
produce environmental benefits by preventing the release of LHGs into
the environment, although those benefits might be slight, over the same
span. Further details on the costs and benefits of this rule appear in
the Regulatory Evaluation.
No comments concerned this section or the draft Regulatory
Evaluation. The changes made in this rule will slightly reduce the
economic impact, but should not significantly reduce the benefits, of
this rule. The most significant changes are: exempting existing
facilities from certain design requirements, allowing an alternative to
providing emergency outfits, allowing an alternative to having an alarm
on a loading arm, clarifying when transfers must be shut down,
shortening the time before transfers for notifying the Coast Guard,
extending the frequency of certain tests, allowing fixed gas-detection
systems to be used in lieu of portable gas-detectors, and exempting
ammonia facilities from gas-detectors entirely.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the
Coast Guard must consider whether this rule 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.
This rule is not expected to affect any waterfront facilities owned
or operated by a small entity. A recent review of the ownership and
operation of waterfront facilities handling LHG in bulk did not reveal
any owned by small entities as defined under the Regulatory Flexibility
Act. No comments concerning small entities were received in response to
the NPRM. An entity large or small, could avoid the impact of this rule
by originating and receiving shipments of LHG in portable tanks, tank
trucks, or rail cars rather than transferring in bulk from a vessel.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains collection-of-information requirements. The
Coast Guard has submitted the requirements to the Office of Management
and Budget (OMB) for review under section 3504(h) of the Paperwork
Reduction Act [44 U.S.C. 3501 et seq.], and OMB has approved them. The
section numbers and control numbers from OMB are as follows:
------------------------------------------------------------------------
Section Topic
------------------------------------------------------------------------
127.007............................ Letter of intent.
127.015............................ Appeals.
127.017............................ Alternatives
127.019, 127.305, 127.1305......... Operations Manual.
127.019, 127.307, 127.1307......... Emergency Manual.
127.301, 127.1301.................. [Certification of PIC].
127.317, 127.1317.................. Decelaration of Inspection.
127.409, 127.1409.................. Records [of maintenance].
127.617, 127.1603.................. Hotwork [permits].
------------------------------------------------------------------------
The estimated annual burden is significantly different from that
estimated in the NPRM. That did not reflect the significantly reduced
burden in subsequent years after the one-time initial burden of
developing manuals. The following particulars apply:
DOT No: 2115.
(1) OMB Control No.: 0052.
Administration: U.S. Coast Guard.
Title: Waterfront Facilities Handling Liquefied Natural Gas and
Liquefied Hazardous Gas (known to OMB as: Liquefied Natural Gas and
Liquefied Hazardous Gas Waterfront Facilities)
Need for Information: To prevent, or mitigate the results of,
release of liquefied natural gas and liquefied hazardous gases at
waterfront facilities.
Proposed use of Information: To verify compliance with safety
regulations and for program management, planning, and evaluation.
Frequency of Response: On occasion.
Burden Estimate: 3,531 hours per year.
Respondents: 137.
Forms: None.
Average Burden Hours Per Respondent: 3.1 hours per year.
(2) OMB Control No.: 0013.
Administration: U.S. Coast Guard.
Title: Welding and Hot-Work Permit
Need for Information: To restrict welding and other hot work on
certain waterfront facilities to prevent fires and explosions.
Proposed use of Information: To ensure compliance with safety
regulations.
Frequency of Response: On occasion.
Burden Estimate: 2,190 hours per year.
Respondents: 730.
Forms: None.
Average Burden Hours per Respondent: 2.5 hours per year.
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this proposal does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment. This
rule sets minimal safety standards for the operation of waterfront
facilities transferring LHG to or from vessels in bulk. Since these are
minimal standards, State and local governments are free to set higher
standards where necessary for local
[[Page 39794]]
conditions. Therefore, this rule preempts State action to set lower
safety standards, but does not preempt State action to set higher
safety standards, for waterfront facilities transferring LHG.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This rule will prevent or mitigate
releases of LHG and will have no adverse impact on the environment. A
Determination of Categorical Exclusion is available in the docket for
inspection or copying at the address under ADDRESS.
List of Subjects
33 CFR Part 126
Explosives, Harbors, Hazardous substances, Reporting and
recordkeeping requirements.
33 CFR Part 127
Harbors, Hazardous substances, Incorporation by reference, Natural
gas, Security measures, Vessels, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR parts 126 and 127 as follows:
PART 126--[AMENDED]
1. The authority citation for part 126 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46(n)(4).
Sec. 126.05 [Amended]
2. Section 126.05(a) is amended by removing the words ``other than
the cargoes listed in Sec. 126.10(d)''.
Sec. 126.10 [Amended]
3. Section 126.10 is amended by removing paragraph (d).
Sec. 126.15 [Amended]
4. Section 126.15 is amended by removing paragraph (o).
PART 127--[AMENDED]
5. The authority citation for part 127 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46(n)(4).
6. The heading of part 127 is revised to read as follows:
PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND
LIQUEFIED HAZARDOUS GAS
7. Section 127.001 is revised to read as follows:
Sec. 127.001 Applicability.
(a) Subparts A and B of this part apply to the marine transfer area
for LNG of each new waterfront facility handling LNG and to new
construction in the marine transfer area for LNG of each existing
waterfront facility handling LNG.
(b) Subpart A of this part and Secs. 127.301 through 127.617 apply
to the marine transfer area for LNG of each active existing waterfront
facility handling LNG.
(c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701 of
subparts A and B of this part apply to the marine transfer area for LNG
of each inactive existing facility.
(d) Subparts A and C of this part apply to the marine transfer area
for LHG of each active waterfront facility handling LHG.
(e) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.1325(c)
of subparts A and C of this part apply to the marine transfer area for
LHG of each inactive facility.
8. Section 127.003 is revised to read as follows:
Sec. 127.003 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of change in the Federal Register and make the
material available to the public. All approved material is on file at
the Office of the Federal Register, Room 700, 800 North Capitol Street
NW., Washington, DC 20408, and at the U.S. Coast Guard, (G-MPS), Room
1108, 2100 Second Street SW., Washington, DC 20593-0001, and is
available from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part, and the sections affected, are:
The American National Standards Institute (ANSI)
1430 Broadway, New York, NY 10018:
ANSI B16.5, Pipe Flanges and Flanged Fittings 1988,
including 1992 Addenda and Errata.................. 127.1102
ANSI S12.13, Part 1, Performance Requirements,
Combustible Gas Detectors, 1986.................... 127.1203
American Petroleum Institute (API)
1220 L Street NW., Washington, DC 20005:
API RP 2003, Protection Against Ignitions Arising
Out of Static, Lightning and Stray Currents, 1991.. 127.1101
American Society of Mechanical Engineers (ASME)
345 East 47th Street, New York, NY 10017:
ASME B31.3, Chemical Plant and Petroleum Refinery
Piping, 1993....................................... 127.1101
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103:
ASTM F-1121, International Shore Connections for Marine
Applications, 1987 (reapproved 1993) 127.1511
National Fire Protection Association (NFPA)
Batterymarch Park, Quincy, MA 02269:
NFPA 10, Portland Fire Extinguishers, 1994.......... 127.603;
127.1503
NFPA 30, Flammable and Combustible Liquids Code,
1993............................................... 127.313;
127.1313
NFPA 51B, Fire Prevention in Use of Cutting and
Welding Processes, 1994............................ 127.405;
127.1405
NFPA 59A, Production, Storage, and Handling of
Liquefied Natural Gas (LNG), 1994.................. 127.101;
127.201;
127.405;
127.603
[[Page 39795]]
NFPA 70, National Electrical Code, 1993............. 127.107;
127.201;
127.1107
NFPA 251, Fire Tests of Building Construction and
Materials, 1990.................................... 127.005
9. Sec. 127.005 is amended by revising the definitions for the
terms ``active'', ``existing'', ``impounding space'', ``LNG vessel'',
and ``new''; by removing the definitions for the terms ``LNG waterfront
facility'' and ``marine transfer area''; and by adding definitions for
the terms ``facility'', ``flammable product'', ``LHG'', ``LHG vessel'',
``liquefied hazardous gas'', ``LNG'', ``marine transfer area for LHG'',
``marine transfer area for LNG'', ``mating flange'', ``MAWP'',
``release'', ``toxic product'', ``waterfront facility handling LHG'',
and ``waterfront facility handling LNG'', in alphabetical order, to
read as follows:
Sec. 127.005 Definitions.
* * * * *
Active means accomplishing the transfer of LHG or LNG, or
scheduling one to occur, within 12 months of the current date.
* * * * *
Existing as applied to a waterfront facility means a facility
handling LNG constructed or being constructed under a contract awarded
before June 2, 1988, or a facility handling LHG constructed or being
constructed under a contract awarded before January 30, 1996.
Facility means either a waterfront facility handling LHG or a
waterfront facility handling LNG.
* * * * *
Flammable product means a product indicated by the letter ``F'' or
by the letters ``F + T'' in Table 1 to this part.
* * * * *
Impounding space means a space formed by dikes and floors that
confines a spill of LHG or LNG.
LHG means liquefied hazardous gas.
LHG vessel means a vessel constructed or converted to carry LHG, in
bulk.
Liquefied hazardous gas (LHG) means a liquid containing one or more
of the products listed in Table 1 to this part.
* * * * *
LNG means liquefied natural gas.
LNG vessel means a vessel constructed or converted to carry LNG, in
bulk.
* * * * *
Marine transfer area for LHG means that part of a waterfront
facility handling LHG between the vessel, or where the vessel moors,
and the first shutoff valve on the pipeline immediately inland of the
terminal manifold or loading arm, including the entire part of a pier
or wharf used to serve LHG vessels.
Marine transfer area for LNG means that part of a waterfront
facility handling LNG between the vessel, or where the vessel moors,
and the last manifold or valve immediately before the receiving tanks.
Mating flange means that flange in the product-transfer pipeline on
a waterfront facility handling LHG or a waterfront facility handling
LNG that connects this pipeline to the pipeline or transfer hose of the
vessel.
* * * * *
MAWP means maximum allowable working pressure.
New as applied to a waterfront facility means a facility handling
LNG constructed or being constructed under a contract awarded on or
after June 2, 1988, or a facility handling LHG constructed or being
constructed under a contract awarded on or after January 30, 1996.
* * * * *
Release means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment, except a minor release of LHG or its
vapor, that may occur during the routine handling of LHG. No release is
minor if it creates an atmosphere that exceeds the Lower Flammable
Limit (LFL) for a flammable product or any Permissible Exposure Limit
(PEL) listed in 29 CFR 1910.1000, Table Z-1 or Z-2, for a toxic
product.
Toxic product means a product indicated by the letter ``T'' or by
the letters ``F+T'' in Table 1 to this part.
Waterfront facility handling LHG means any structure on, in, or
under the navigable waters of the United States, or any structure on
land or any area on shore immediately adjacent to such waters, used or
capable of being used to transfer liquefied hazardous gas, in bulk, to
or from a vessel.
Waterfront facility handling LNG means any structure on, in, or
under the navigable waters of the United States, or any structure on
land or any area on shore immediately adjacent to such waters, used or
capable of being used to transfer liquefied natural gas, in bulk, to or
from a vessel.
Sec. 127.007 [Amended]
Sec. 127.009 [Amended]
Sec. 127.013 [Amended]
Sec. 127.019 [Amended]
Secs. 127.007, 127.009, 127.013, 127.019 [Amended]
10. Part 127 is amended by adding the phrase ``LHG or'' before the
term ``LNG'' wherever the latter appears in the following:
a. Sec. 127.007(c).
b. Sec. 127.007(d)(5).
c. Sec. 127.007(d)(6).
d. Sec. 127.007(e)(2).
e. The introductory text of Sec. 127.009.
f. The introductory text of Sec. 127.013(a).
g. Sec. 127.019(b).
Sec. 127.011 [Amended]
11. Sec. 127.011 is amended by revising the heading to read
``Inspections of Waterfront Facilities.''
Sec. 127.019 [Amended]
12. Sec. 127.019(c) is amended by removing the words ``Sec. 127.305
and the Emergency Manual meets Sec. 127.307'' and adding in their place
the words ``Sec. 127.305 or Sec. 127.1305 and that the Emergency Manual
meets Sec. 127.307 or Sec. 127.1307''.
Subparts B, C, D, E, F, G, and H--[Amended]
13. Subparts C, D, E, F, G, and H of this part are amended by
removing their headings and leaving those headings as undesignated text
headings, by removing the undesignated text heading ``Fire Equipment''
before Sec. 127.601, and by removing the undesignated text heading
``Fire Protection'' before Sec. 127.613; and Subpart B is amended by
revising its heading to read as follows:
Subpart B--Waterfront Facilities Handling Liquefied Natural Gas
Secs. 127.101, 127.109, 127.111, 127.113, 127.203, 127.207, 127.305,
127.313, 127.315, 127.319, 127.607, 127.609, 127.611, 127.613, 127.615,
127.701, 127.703, 127.705, and 127.711 [Amended]
14. Part 127 is amended by replacing the words ``marine transfer
area'' wherever they appear with the words ``marine transfer area for
LNG'' in the following:
a. The introductory text of Sec. 127.101.
b. Sec. 127.109(a).
c. Sec. 127.111(a).
[[Page 39796]]
d. Sec. 127.113(a), introductory text.
e. Sec. 127.203.
f. Secs. 127.207 (a) and (b).
g. Secs. 127.305 (d) and (e).
h. Sec. 127.313(a) introductory text.
i. Sec. 127.315(g).
j. Secs. 127.319 (a)(1) and (b)(3)(i).
k. The introductory text of Sec. 127.603.
l. Sec. 127.607(a).
m. Sec. 127.609(a).
n. Sec. 127.611.
o. Sec. 127.613.
p. Sec. 127.615.
q. The heading of Sec. 127.703.
r. Sec. 127.703(a), introductory text, and (b).
s. The introductory text of Sec. 127.705.
t. Sec. 127.711.
Sec. 127.105 [Amended]
15. Sec. 127.105 is amended by revising the heading to read
``Layout and spacing of marine transfer area for LNG.''
Secs. 127.103, 127.105, 127.301, 127.303, 127.305, 127.307, 127.309,
127.317, 127.319, 127.321, 127.401, 127.703, and 127.711 [Amended]
16. Part 127 is further amended by replacing the word ``facility''
with the phrase ``waterfront facility handling LNG'' wherever it
appears in the following:
a. Sec. 127.103(a).
b. Sec. 127.105(a).
c. Secs. 127.301(a) introductory text, and (b).
d. Sec. 127.303.
e. Sec. 127.305(d).
f. Sec. 127.307(f).
g. Sec. 127.309(a).
h. Secs. 127.317 (b) and (c)(1).
i. Sec. 127.319(a) introductory text.
j. Sec. 127.321(a) introductory text.
k. Sec. 127.401.
l. Secs. 127.703 (a)(1) and (b).
m. Sec. 127.711.
Sec. 127.405 [Amended]
17. Sec. 127.405(a)(1) is amended by replacing the words ``subparts
B, C, G, and H of this part'' with the words ``this subpart''.
18. A new subpart C, consisting of Secs. 127.1101 through 127.1605,
is added to read as follows:
Subpart C--Waterfront Facilities Handling Liquefied Hazardous Gas
Sec.
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.
Design and Construction
Sec. 127.1101 Piping systems.
Each piping system within the marine transfer area for LHG used for
the transfer of LHG must meet the following criteria:
(a) Each system must be designed and constructed in accordance with
ASME B31.3.
(b) Each pipeline on a pier or wharf must be located so that it is
not exposed to physical damage from vehicular traffic or cargo-handling
equipment. Each pipeline under navigable waters must be covered or
protected to meet 49 CFR 195.248.
(c) The transfer manifold of each liquid transfer line and of each
vapor return line must have an isolation valve with a bleed connection,
such that transfer hoses and loading arms can be blocked off, drained
or pumped out, and depressurized before disconnecting. Bleeds or vents
must discharge to a safe area such as a tank or flare.
(d) In addition to the isolation valve at the transfer manifold,
each liquid-transfer line and each vapor return line must have a
readily accessible isolation valve located near the edge of the marine
transfer area for LHG.
(e) Each power-operated isolation valve must be timed to close so
that it will not produce a hydraulic shock capable of causing failure
of the line or equipment. Unless the layout of the piping allows the
isolation valve at the transfer manifold to close within 30 seconds
without creating excessive stresses on the system, the layout must be
reconfigured to reduce the stresses to a safe level.
(f) Each waterfront facility handling LHG that transfers to or from
a vessel requiring vapor return during transfer must be equipped with a
vapor return line designed to attach to the vessel's vapor connection.
(g) Where two or more LHGs are loaded or unloaded at the same
facility, each manifold must be identified or marked to indicate each
LHG it handles.
(h) Each pipeline used to transfer flammable liquids or vapors must
be provided with precautions against static, lightning, and stray
current in accordance with API RP 2003.
Sec. 127.1102 Transfer hoses and loading arms.
(a) Each hose within the marine transfer area for LHG used for the
transfer of LHG or its vapors to or from a vessel must--
(1) Be made of materials resistant to each LHG transferred, in both
the liquid and vapor state (if wire braid is used for reinforcement,
the wire must be of corrosion-resistant material, such as stainless
steel);
(2) Be constructed to withstand the temperature and pressure
foreseeable during transfer, with a MAWP not less than the maximum
pressure to which it may be subjected and at least 1030 kPa gauge
(149.4 psig);
(3) Be designed for a minimum bursting pressure of a least five
times the MAWP;
(4) Have--
(i) Full-threaded connections;
(ii) Flanges that meet ANSI B16.5; or
(iii) Quick connect couplings that are acceptable to the
Commandant;
(5) Be adequately supported against the weight of its constituent
parts, the LHG, and any ice formed on it;
(6) Have no kinks, bulges, soft spots, or other defects that will
let it leak or burst under normal working pressure; and
(7) Have a permanently attached nameplate that indicates, or
otherwise be permanently marked to indicate--
[[Page 39797]]
(i) Each LHG for which it is suitable;
(ii) Its MAWP at the corresponding service temperature; and
(iii) If used for service at other than ambient temperature, its
minimum service temperature.
(b) Each loading arm used for the transfer of LHG or its vapor
must--
(1) Be made of materials resistant to each LHG transferred, in both
the liquid and vapor state;
(2) Be constructed to withstand the temperature and pressure
foreseeable during transfer;
(3) Be adequately supported against the weight of its constituent
parts, the LHG, and any ice formed on it;
(4) Be provided with an alarm to indicate when it is approaching
the limits of its extension, unless the examined Operations Manual
requires a person to perform the same function; and
(5) Have a permanently attached nameplate that indicates, or
otherwise be permanently marked to indicate--
(i) Each LHG it may handle;
(ii) Its MAWP at the corresponding service temperature; and,
(iii) If it is used for service at other than ambient temperature,
its minimum service temperature.
Sec. 127.1103 Piers and wharves.
(a) Each new waterfront facility handling LHG, and all new
construction in the marine transfer area for LHG of each existing
facility, must comply with the standards for seismic design and
construction in 49 CFR part 41.
(b) Each substructure on a new waterfront facility handling LHG,
and all new construction in the marine transfer area for LHG of each
existing facility, except moorings and breasting dolphins, that
supports or is within 4.5 meters (14.8 feet) of any pipe or equipment
containing a flammable LHG, or that is within 15 meters (49.2 feet) of
a loading flange used to transfer a flammable LHG, must have a fire-
endurance rating of not less than two hours.
Sec. 127.1105 Layout and spacing of marine transfer area for LHG.
Each new waterfront facility handling LHG, and all new construction
in the marine transfer area for LHG of each existing facility, must
comply with the following:
(a) Each building, shed, and other structure within each marine
transfer area for LHG must be located, constructed, or ventilated to
prevent the accumulation of flammable or toxic gases within the
structure.
(b) Each impounding space for flammable LHGs located within the
area must be designed and located so that the heat flux from a fire
over the impounding space does not cause, to a vessel, damage that
could prevent the vessel's movement.
(c) Each manifold, loading arm, or independent mating flange must
be located at least 60 meters (197 feet) from each of the following
structures, if that structure is intended primarily for the use of the
general public or of railways:
(1) A bridge crossing a navigable waterway.
(2) The entrance to, or the superstructure of, a tunnel under a
navigable waterway.
(d) Each manifold, loading arm, or independent mating flange must
be located at least 30 meters (98.5 feet) from each public roadway or
railway.
Sec. 127.1107 Electrical systems.
Electrical equipment and wiring must be of the kind specified by,
and must be installed in accordance with, NFPA 70.
Sec. 127.1109 Lighting systems.
(a) Each waterfront facility handling LHG, at which transfers of
LHG take place between sunset and sunrise, must have outdoor lighting
that illuminates the marine transfer area for LHG.
(b) All outdoor lighting must be located or shielded so that it
cannot be mistaken for any aids to navigation and does not interfere
with navigation on the adjacent waterways.
(c) The outdoor lighting must provide a minimum average
illumination on a horizontal plane 1 meter (3.3 feet) above the walking
surface of the marine transfer area that is--
(1) 54 lux (5 foot-candles) at any loading flange; and
(2) 11 lux (1 foot-candle) for the remainder of the marine transfer
area for LHG.
Sec. 127.1111 Communication systems.
(a) The marine transfer area for LHG must possess a communication
system that enables continuous two way voice communication between the
person in charge of transfer aboard the vessel and the person in charge
of transfer for the facility.
(b) The communication system required by paragraph (a) of this
section may consist either of fixed or portable telephones or of
portable radios. The system must be usable and effective in all phases
of the transfer and all weather at the facility.
(c) Devices used to comply with paragraph (a) of this section
during the transfer of a flammable LHG must be listed as intrinsically
safe by Underwriters Laboratories, Inc., Factory Mutual Research
Corporation, or other independent laboratory recognized by NFPA, for
use in the hazardous location in which it is used.
Sec. 127.113 Warning signs.
(a) The marine transfer area for LHG must have warning signs that--
(1) Meet paragraph (b) of this section;
(2) Can be seen from the shore and the water; and,
(3) Except as provided in paragraph (c) of this section, bear the
following text:
Warning
Dangerous Cargo
No visitors
No Smoking
No Open Lights
(b) Each letter on the sign must be--
(1) In block style;
(2) Black on a white background; and
(3) At least 7.6 centimeters (3 inches) high.
(c) The words ``No Smoking'' and ``No Open Lights'' may be omitted
when the product being transferred is not flammable.
Equipment
Sec. 127.1203 Gas detection.
(a) Each waterfront facility handling LHG that transfers a
flammable LHG must have at least two portable gas detectors, or a fixed
gas detector, in the marine transfer area for LHG. Each detector must
be capable of indicating whether the concentration of flammable vapors
exceeds 30% of the Lower Flammable Limit for each flammable product
being transferred and must meet ANSI S12.13, Part 1.
(b) Each waterfront facility handling LHG that transfers a toxic
LHG, other than anhydrous ammonia, must have at least two portable gas
detectors, or a fixed gas detector, available in the area. The
detectors must be capable of showing whether the concentration of each
toxic LHG being transferred is above, at, or below any Permissible
Exposure Limit listed in 29 CFR 1910.1000, Table Z-1 or Z-2.
(c) Each gas detector required by paragraph (a) or (b) of this
section must serve to detect leaks, check structures for gas
accumulations, and indicate workers' exposure to toxic gases in the
area.
Sec. 127.1205 Emergency shutdown.
(a) Each piping system used to transfer LHG or its vapors to or
from a vessel must have a quick-closing shutoff valve to stop the flow
of liquid and vapor from the waterfront facility handling LHG if a
transfer hose or loading arm fails. This valve may be the isolation
valve with a bleed connection required by Sec. 127.1101(c).
[[Page 39798]]
(b) The valve required by paragraph (a) of this section must be
located as near as practicable to the terminal manifold or loading-arm
connection and must--
(1) Close on loss of power;
(2) Close from the time of activation in 30 seconds or less;
(3) Be capable of local manual closing and remotely controlled
closing; and,
(4) If the piping system is used to transfer a flammable LHG,
either have fusible elements that melt at less than 105 deg. (C
221 deg.F) and activate the emergency shutdown, or have a sensor that
performs the same function.
(c) A remote actuator for each valve must be located in a place
accessible in an emergency, at least 15 meters (49.2 feet) from the
terminal manifold or loading arm, and conspicuously marked with its
designated function. When activated, the actuator must also
automatically shut down any terminal pumps or compressors used to
transfer LHG, or its vapors, to or from the vessel.
Sec. 127.1207 Warning alarms.
(a) Each marine transfer area for LHG must have a rotating or
flashing amber light that is visible for at least 1,600 meters (1 mile)
from the transfer connection in all directions.
(b) Each marine transfer are for LHG must also have a siren that is
audible for at least 1,600 meters (1 mile) from the transfer connection
in all directions.
(c) Each light and siren required by this section must be located
so as to minimize obstructions. If any obstruction will prevent any of
these alarms from meeting paragraph (a) or (b) of this section, the
operator of the waterfront facility handling LHG shall propose for
approval by the local COTP additional or alternative warning devices
that provide an equivalent level of safety.
Sec. 127.1209 Respiratory protection.
Each waterfront facility handling LHG must provide equipment for
respiratory protection for each employee of the facility in the marine
transfer area for LHG during the transfer of one or more of the
following toxic LHGs; anhydrous ammonia, chlorine, dimethylamine,
ethylene oxide, methyl bromide, sulphur dioxide, or vinyl chloride. The
equipment must protect the wearer from the LHG's vapor for at least 5
minutes.
Operations
Sec. 127.1301 Persons in charge of transfers for the facility:
Qualifications and certification.
(a) No person may serve, or use the services of any person, as a
person in charge of transfers for the facility regulated under this
subpart, unless that person--
(1) Has at least 48 hours' transfer experience with each LHG being
transferred;
(2) Knowing the hazards of each LHG being transferred;
(3) Knows the rules of this subpart; and
(4) Knows the procedures in the examined Operations Manual and the
examined Emergency Manual.
(b) Before a person in charge of transfers for a waterfront
facility handling LHG supervises a transfer of LHG, the operator of the
facility shall certify in writing that that person has met the
requirements in paragraph (a) of this section. The operator shall
ensure that a copy of each current certification is available for
inspection at the facility.
Sec. 127.1302 Training.
(a) Each operator of a waterfront facility handling LHG shall
ensure that each person assigned to act as a person in charge of
transfers for the facility has training in the following subjects:
(1) Properties and hazards of each LHG being transferred to or from
the facility.
(2) Use of the gas detectors required by Sec. 127.1203.
(3) Use of the equipment for respiratory protection required by
Sec. 127.1209.
(4) Basic firefighting procedures, including the use of the
portable fire extinguishers required by Sec. 127.1503.
(5) Content and use of the examined Operations Manual and examined
Emergency Manual.
(6) The configuration and limitations of cargo systems of LHG
vessels.
(7) Procedures for transferring LHG to and from LHG vessels.
(8) Procedures for response to a release of the LHG handled by the
facility.
(9) First aid for persons--
(i) With burns;
(ii) Needing cardio-pulmonary resuscitation;
(iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG is
handled by the facility); and
(iv) Needing transport to a medical facility.
(10) Restrictions on access to the marine transfer area for LHG.
(b) Each person that receives training under paragraph (a) of this
section shall receive refresher training in the same subjects at least
once every 5 years.
(c) The operator shall maintain, for each person trained, a record
of all training provided under paragraphs (a) and (b) of this section.
The operator shall retain these records for the duration of the
person's employment on the waterfront facility plus 12 months.
(d) Training conducted to comply with the hazard communication
programs required by the Occupational Safety and Health Administration
(OSHA) of the Department of Labor [29 CFR 1910.120] or the
Environmental Protection Agency (EPA) [40 CFR 311.1] may be used to
satisfy the requirements in paragraph (a) of this section, so far as
the training addresses the requirements in paragraph (a) of this
section.
Sec. 127.1303 Compliance with suspension order.
If the COTP issues to the owner or operator of a waterfront
facility handling LHG an order to suspend a transfer, no transfer may
take place at the facility until the COTP withdraws the order.
Sec. 127.1305 Operations Manual.
Each Operations Manual must contain--
(a) A description of each liquid-transfer system and vapor transfer
system, including each mooring area, transfer connection, and (where
installed) control room, and a diagram of the piping and electrical
systems;
(b) The duties of each person assigned to transfers;
(c) The maximum relief-valve setting or MAWP of the transfer
system;
(d) The telephone numbers of supervisors, persons in charge of
transfers for the facility, persons on watch in the marine transfer
area for LHG, and security personnel of the facility;
(e) A description for each security system provided for the
transfer area;
(f) A description of the training programs established under
Sec. 127.1302;
(g) The procedures to follow for security violations; and
(h) For each LHG handled, the procedures for transfer that
include--
(1) Requirements for each aspect of the transfer (start-up,
gauging, cooldown, pumping, venting, and shutdown);
(2) The maximum transfer rate;
(3) The minimum transfer temperature;
(4) Requirements for firefighting equipment; and
(5) Communication procedures.
Sec. 127.1307 Emergency Manual.
(a) Each Emergency Manual must contain--
(1) For each LHG handled--
(i) A physical description of the LHG;
(ii) A description of the hazards of the LHG;
(iii) First-aid procedures for persons exposed to the LHG or its
vapors;
[[Page 39799]]
(iv) The procedures for response to a release of the LHG; and,
(v) If the LHG is flammable, the procedures for fighting a fire
involving the LHG or its vapors;
(2) A description of the emergency shutdown required by
Sec. 127.1205;
(3) The procedures for emergency shutdown;
(4) A description of the number, kind, place, and use of the fire
equipment required by Sec. 127.1501(a) and of the portable fire
extinguishers required by Sec. 127.1503;
(5) The telephone numbers of local Coast Guard units, hospitals,
fire departments, police departments, and other emergency-response
organizations;
(6) If the facility has personnel shelters, the place of and
provisions in each shelter;
(7) If the facility has first-aid stations, the location of each
station;
(8) Emergency procedures for mooring and unmooring a vessel; and,
(9) If an off-site organization is to furnish emergency response, a
copy of the written agreement required by Sec. 127.1505(a)(2).
(b) The employee-emergency plan and fire-prevention required by
OSHA in 29 CFR 1910.38 may be used to comply with this section to the
extent that they address the requirements specified in paragraphs (a)
(1) through (9) of this section.
Sec. 127.1309 Operations Manual and Emergency Manual: Use.
Each operator of a waterfront facility handling LHG shall ensure
that--
(a) No transfer is conducted unless the facility has an examined
Operations Manual and an examined Emergency Manual;
(b) Each transfer is conducted in accordance with the examined
Operations Manual; and
(c) Each emergency response is conducted in accordance with the
examined Emergency Manual.
Sec. 127.1311 Motor vehicles.
(a) When LHG is being transferred or stored in the marine transfer
area of a waterfront facility handling LHG, the operator shall ensure
that no person--
(1) Stops or parks a motor vehicle in a space other than a
designated parking space;
(2) Refuels a motor vehicle within the area; or
(3) Operates a vehicle or other mobile equipment that constitutes a
potential source of ignition within 15 meters (49.2 feet) of any
storage container, manifold, loading arm, or independent mating flange
containing a flammable liquid or vapor.
(b) If motor vehicles are permitted to stop in the marine transfer
area for LHG, the operator shall designate and mark parking spaces
that--
(1) Do not block fire lanes;
(2) Do not impede any entrances or exits; and
(3) Are not located within 15 meters (49.2 feet) of any storage
container, manifold, loading arm, or independent mating flange
containing a flammable liquid or vapor.
Sec. 127.1313 Storage of hazardous materials.
(a) Each operator of a waterfront facility handling LHG shall
ensure that no materials listed in the table of hazardous materials
under 49 CFR 172.101, except for the following, are stored in the
marine transfer area for LHG:
(1) The LHG being transferred.
(2) Fuel required by the vessel, or by emergency equipment in the
area.
(3) Oily wastes received from vessels.
(4) Solvents, lubricants, paints and similar materials in the
amount required for one day's operations and maintenance.
(b) The operator shall ensure that flammable liquids not stored in
bulk are stored in accordance with Chapter 4 of NFPA 30.
Sec. 127.1315 Preliminary transfer inspection.
Before each transfer, the person in charge of transfer for the
facility shall--
(a) Inspect piping and equipment within the marine transfer area
for LHG to be used for transfer and ensure that it meets the
requirements in this part;
(b) Determine the contents, pressure, temperature, and capacity of
each storage tank to or from which LHG will be transferred, to ensure
that it is safe for transfer;
(c) Confer with the person in charge of transfer aboard the vessel,
to review and agree on--
(1) The sequence of acts required for transfer;
(2) The rate, maximum working pressure, and minimum working
temperature of transfer;
(3) The duties, stations, and watches of each person assigned for
transfer; and
(4) The emergency procedures in the examined Emergency Manual;
(d) Ensure that the vessel is securely moored and that the transfer
connections allow it to move to the limits of its moorings without
placing a strain on the piping, hose, or loading arm used for transfer;
(e) Ensure that each part of the transfer system is aligned to
allow the flow of LHG to the desired place;
(f) Ensure the display of the warning signs required by
Sec. 127.1113;
(g) Ensure that the requirements of this part concerning smoking
and fire protection are met;
(h) Ensure that qualified personnel are on duty in accordance with
the examined Operations Manual and Secs. 127.1301 and 127.1302; and
(i) Test the following to determine that they are operable:
(1) The communication system required by Sec. 127.1111.
(2) The gas detectors required by Sec. 127.1203.
Sec. 127.1317 Declaration of Inspection.
(a) Each person in charge of transfer for the facility shall ensure
that no person transfers LHG to or from a vessel until a Declaration of
Inspection that meets paragraph (c) of this section is executed and
signed by both the person in charge aboard the vessel and the person in
charge for the facility.
(b) No person in charge of transfer for the facility may sign the
Declaration unless that person has fulfilled the requirements of
Sec. 127.1315 and has indicated fulfillment of each requirement by
writing his or her initials in the appropriate space on the
Declaration.
(c) Each Declaration must contain--
(1) The name of the vessel and that of the facility;
(2) The date and time that the transfer begins;
(3) A list of the requirements in Sec. 127.1315 with the initials
of both the person in charge aboard the vessel and the person in charge
for the facility after each requirement, indicating the fulfillment of
the requirement;
(4) The signatures of both the person in charge aboard the vessel
and the person in charge for the facility, and the date and time of
signing, indicating that they are both ready to begin transfer; and
(5) The signature of each relief person in charge and the date and
time of each relief.
(d) The person in charge of transfer for the facility shall give
one signed copy of the Declaration to the person in charge of transfer
aboard the vessel and retain the other.
(e) Each operator of a facility shall retain a signed copy of the
Declaration at the facility for 30 days after the transfer.
Sec. 127.1319 Transfer of LHG.
(a) The operator of a waterfront facility handling LHG shall notify
the COTP of the time and place of each transfer of LHG in bulk at least
4 hours before it begins.
(b) During transfer, each operator of a waterfront facility
handling LHG shall ensure that--
[[Page 39800]]
(1) The marine transfer area for LHG is under the supervision of a
person in charge certified for transfers of LHG, who has no other
assigned duties during the transfer;
(2) The person in charge supervises transfers only to or from one
vessel at a time unless authorized by the COTP.
(3) No person transferring fuel or oily waste is involved in the
transfer; and
(4) No vessel is moored outboard of any LHG vessel unless allowed
by the COTP or the examined Operations Manual of the facility.
(c) During transfer, each person in charge of transfer for the
facility shall--
(1) Maintain communication with the person in charge of transfer
aboard the LHG vessel;
(2) Ensure that an inspection of the transfer piping and equipment
for leaks, frost, defects, and other threats to safety takes place at
least once every transfer;
(3) Ensure that--
(i) Transfer of LHG is discontinued as soon as a release or fire is
detected in the area or aboard the vessel; and
(ii) Transfer of flammable LHG is discontinued when electrical
storms or uncontrolled fires approach near the area; and
(4) Ensure that the outdoor lighting required by Sec. 127.1109 is
turned on between sunset and sunrise.
(d) Upon completion of transfer of LHG, each operator of a
waterfront facility handling LHG shall ensure that hoses and loading
arms used for transfer are drained of LHG residue and depressurized
before disconnecting from the vessel.
Note to Sec. 127.1319: Corresponding standards for vessels
appear at 46 CFR part 154.
Sec. 127.1321 Release of LHG.
(a) Each operator of a waterfront facility handling LHG shall
ensure that--
(1) No person intentionally releases LHG into the environment; and
(2) If a release of LHG or its vapor threatens vessels or persons
outside the marine transfer area for LHG, they are notified by the
warning devices.
(b) If LHG or its vapor is released, the person in charge of
transfer for the facility shall--
(1) Immediately notify the person in charge of transfer aboard the
vessel that transfer must be shut down;
(2) Shut down transfer in coordination with the person aboard the
vessel;
(3) Notify the COTP of the release; and
(4) Not resume transfer until authorized by the COTP.
Sec. 127.1325 Access to marine transfer area for LHG.
Each operator of a waterfront facility handling LHG shall ensure
that--
(a) Access to the marine transfer area for LHG from shoreside and
waterside is limited to--
(1) Personnel who work in the area, transfer personnel, vessel
personnel, and delivery and service personnel in the course of their
business;
(2) Federal, State, and local officials; and
(3) Other persons authorized by the operator;
(b) Each person allowed into the area is positively identified as
someone authorized to enter and that each person other than an employee
of the facility displays an identifying badge;
(c) Guards are stationed, and fences or other devices are
installed, to prevent, detect, and respond to unauthorized access,
fires, and releases of LHG in the area, except that alternative
measures approved by the COTP (such as electronic monitoring or random
patrols) will be sufficient where the stationing of guards is
impracticable; and
(d) Coast Guard personnel are allowed access to the facility, at
any time, to make any examination or to board any vessel moored at the
facility.
Maintenance
Sec. 127.1401 General.
Each operator of a waterfront facility handling LHG shall ensure
that all cargo handling equipment is operable, and that no equipment
that may cause the release or ignition of LHG is used in the marine
transfer area for LHG.
Sec. 127.1403 Inspections.
(a) Each operator of a waterfront facility handling LHG shall
conduct a visual inspection for defects of each pressure relief device
not capable of being tested.
(b) The operator shall conduct the inspection required by paragraph
(a) of this section at least once each calendar year, with intervals
between inspections not exceeding 15 months.
Sec. 127.1405 Repairs.
Each operator of a waterfront facility handling LHG shall ensure
that--
(a) Equipment is repaired so that--
(1) The equipment continues to meet the applicable requirements in
this subpart; and
(2) Safety is not compromised; and
(b) Welding and cutting meet NFPA 51B.
Sec. 127.1407 Tests.
(a) Each operator of a waterfront facility handling LHG shall
conduct a static liquid-pressure test of the piping, hoses, and loading
arms of the LHG-transfer system located in the marine transfer area for
LHG, and shall verify the set pressure of the safety and relief
valves--
(1) After the system or the valves are altered;
(2) After major repairs to the system or the valves;
(3) After any increase in the MAWP of the system; and
(4) At least once each calendar year, with intervals between tests
not exceeding 15 months.
(b) The pressure for the test under paragraph (a) of this section
must be at least 1.1 times the MAWP and last for at least 30 minutes.
(c) The operator shall conduct a test of each pressure gauge, to
ensure that the displayed pressure is within 10 percent of the actual
pressure, at least once each calendar year, with intervals between
tests not exceeding 15 months.
(d) The operator shall conduct a test of each item of remote
operating or indicating equipment, such as a remotely operated valve,
at least once each calendar year, with intervals between tests not
exceeding 15 months.
(e) The operator shall conduct a test of the emergency shutdown
required by Sec. 127.1205 at least once every two months, to ensure
that it will perform as intended. If transfers of LHG occur less often
than every two months, the operator may conduct this test before each
transfer instead of every two months.
(f) The operator shall conduct a test of the warning alarm required
by Sec. 127.1207 at least once every six months, to ensure that it will
perform as intended. If transfers of LHG occur less often than every
six months, the operator may conduct this test before each transfer
instead of every six months.
Sec. 127.1409 Records.
(a) Each operator of a waterfront facility handling LHG shall keep
on file:
(1) A description of the components inspected or tested under
Sec. 127.1403 or 127.1407.
(2) The date and results of each inspection or test under
Sec. 127.1403 or 127.1407.
(3) A description of any repair made after the inspection or test.
(4) The date and a description of each alteration or major repair
to the LHG transfer system or its valves.
(b) The operator shall keep this information on file for at least
24 months after the inspection, test, alteration, or major repair.
[[Page 39801]]
Firefighting Equipment
Sec. 127.1501 General.
(a) The number, kind, and place of equipment for fire detection,
protection, control, and extinguishment must be determined by an
evaluation based upon sound principles of fire-protection engineering,
analysis of local conditions, hazards within the waterfront facility
handling LHG, and exposure to other property. A description of the
number, kind, place, and use of fire equipment determined by this
evaluation must appear in the Emergency Manual for each facility. The
evaluation for each new facility and for all new construction on each
existing facility must be submitted to the COTP for review when the
emergency manual is submitted under Sec. 127.103.
(b) All fire equipment for each facility must be adequately
maintained, and periodically inspected and tested, so it will perform
as intended.
(c) The following must be red or some other conspicuous color and
be in places that are readily accessible:
(1) Hydrants and standpipes.
(2) Hose stations.
(3) Portable fire extinguishers.
(4) Fire monitors.
(d) Fire equipment must bear the approval, if applicable, of
Underwriters Laboratories, Inc., Factory Mutual Research Corporation,
or other independent laboratory recognized by NFPA.
Sec. 127.1503 Portable fire extinguishers.
Each operator of a waterfront facility handling LHG must provide
portable fire extinguishers of appropriate, number, size, and kind in
the marine transfer area for LHG in accordance with NFPA 10.
Sec. 127.1505 Emergency response and rescue.
(a) Each waterfront facility handling LHG must arrange for
emergency response and rescue pending the arrival of resources for
firefighting or pollution control. Response and rescue may be performed
by facility personnel or by an off-site organization.
(1) If response and rescue are performed by facility personnel,
appropriate training and equipment for personnel protection must be
furnished to those personnel. Training and equipment that meets 29 CFR
1910.120, hazardous-waste operations and emergency response, will be
appropriate.
(2) If response and rescue are performed by an off-site
organization, the organization must enter into a written agreement with
the facility indicating the services it will perform and the time
within which it will perform them to injured or trapped personnel.
(b) [Reserved]
Sec. 127.1507 Water systems for fire protection.
(a) Each waterfront facility handling LHG must have a supply of
water and a means for distributing and applying the water to protect
personnel; to cool storage tanks, equipment, piping, and vessels; and
to control unignited leaks and spills in the marine transfer area for
LHG except when the evaluation required by Sec. 127.1501(a) indicates
otherwise. The evaluation must address fire protection for structures,
cargo, and vessels. Each water system must include on the pier or wharf
at least one 2\1/2\-inch supply line, one 2\1/2\-inch fire hydrant, and
enough 2\1/2\-inch hose to connect the hydrant to the vessel.
(b) Each water system must fully and simultaneously supply, for at
least 2 hours, all fixed fire-protection systems, including monitor
nozzles, at their designed flow and pressure for the worst single
incident foreseeable, plus 63 L/s (1000 gpm) for streams from hand-held
hoses.
Sec. 127.1509 Equipment for controlling and extinguishing fires.
(a) Within each marine transfer area for LHG of each waterfront
facility handling LHG that transfers a flammable LHG, portable or
wheeled fire extinguishers suitable for gas fires, preferably dry
chemical extinguishers, must be available at strategic sites, as
determined by the evaluation required by Sec. 127.1501(a).
(b) Fixed systems for extinguishing or controlling fires may be
appropriate for protection against particular hazards. The evaluation
required by Sec. 127.1501(a) may specify the use of one or more of the
following fixed systems:
(1) Low-, medium-, or high-expansion foam.
(2) Dry chemicals.
(3) Water applied as deluge, spray, or sprinkle.
(4) Carbon dioxide.
(5) Other NFPA approved fire extinguishing media.
Sec. 127.1511 International shore connection.
Each marine transfer area for LHG that receives foreign flag
vessels must have an international shore connection meeting the
requirements of ASTM F-1121.
Fire Protection
Sec. 127.1601 Smoking.
Each operator of a waterfront facility handling LHG shall ensure
that no person smokes in the marine transfer area for LHG unless--
(a) Neither flammable LHG nor its vapors are present in the area;
and
(b) The person is in a place designated and marked in accordance
with local law.
Sec. 127.1603 Hotwork.
Each operator of a waterfront facility handling LHG shall ensure
that no person conducts welding, torch cutting, or other hotwork on the
facility, or on a vessel moored to the facility, unless--
(a) The COTP has issued a permit for that hotwork; and
(b) The conditions of the permit are met.
Sec. 127.1605 Other sources of ignition.
Each operator of a waterfront facility handling LHG shall ensure
that in the marine transfer are for LHG--
(a) There are no open fires or open flame lamps;
(b) Heating equipment will not ignite combustible material;
(c) Each chimney and appliance has a spark arrestor if it uses
solid fuel or is located where sparks may ignite combustible material;
and
(d) All rubbish, debris, and waste go into appropriate receptacles.
Sec. 127.605 Table I [Added]
19. A new Table 1 is added after new Sec. 127.1605 to read as
follows:
Table 1 to Part 127.--List of Products and Hazards
------------------------------------------------------------------------
Product Hazard
------------------------------------------------------------------------
Acetaldehyde.............................................. F+T
Ammonia, anhydrous........................................ T
Butadiene................................................. F
Butanes................................................... F
Butane and propane (mixtures)............................. F
Butylenes................................................. F
Chlorine.................................................. T
Dimethylamine............................................. F+T
Ethane.................................................... F
Ethyl chloride............................................ F+T
Ethylene.................................................. F
Ethylene oxide............................................ F+T
Methyl-acetylene and propadiene (mixtures)................ F
Methyl bromide............................................ F+T
Methyl chloride........................................... F+T
Propane................................................... F
Propylene................................................. F
Sulphur dioxide........................................... T
Vinyl chloride............................................ F+T
------------------------------------------------------------------------
Note: ``F'' indicates a flammable product. ``T'' indicates a toxic
product. ``F&T'' indicates a product both flammable and toxic.
[[Page 39802]]
Dated: June 23, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-18762 Filed 8-2-95; 8:45 am]
BILLING CODE 4910-14-M