[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Proposed Rules]
[Pages 57964-57970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28842]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 126

[USCG-1998-4302]
RIN 2115-AE22


Handling of Class 1 (Explosive) Materials or Other Dangerous 
Cargoes Within or Contiguous to Waterfront Facilities

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulations covering 
waterfront facilities handling dangerous cargoes. Current regulations 
would be updated to reflect improved safety procedures and modern 
transportation methods, such as the use of containers. This proposed 
rule would also update the requirements for the handling of these 
hazardous materials and incorporate industry standards.

DATES: Comments must reach the Coast Guard on or before December 28, 
1998.

ADDRESSES: You may mail comments to the Docket Management Facility, 
(USCG-1998-4302), U.S. Department of Transportation (DOT), room PL-401, 
400 Seventh Street SW., Washington, DC 20590-0001, or deliver them to 
room PL-401, located on the Plaza Level of the Nassif Building at the 
same address between 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments, and documents as indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at

[[Page 57965]]

room PL-401, located on the Plaza Level of the Nassif Building at the 
same address bet3ween 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may electronically access the public docket for 
this rulemaking on the Internet at http://dms/dot/gov.

FOR FURTHER INFORMATION CONTACT:
For information on the public docket, contact Ms. Pat Chesley, Coast 
Guard Dockets Team Leader, or Paulette Twine, Chief, Documentary 
Services Division, U.S. Department of Transportation, telephone (202) 
366-9329. For information concerning the notice of proposed rulemaking 
provisions, contact LCDR John Farthing, Vessel and Facility Operating 
Standards Division (G-MSO-2), room 1210, (202) 267-6451, between 7:30 
a.m. and 3 p.m., Monday through Friday, except Federal holidays. E-mail 
address is J[email protected].

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this proposed rulemaking by submitting written data, views, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this proposed rulemaking (USCG-1998-4302) and the 
specific section of this document to which each comment applies, and 
give the reason for each comment. Please submit all comments and 
attachments in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. Persons wanting 
acknowledgment of receipt of comments should enclose stamped, self-
addressed postcards or envelopes. The Coast Guard will consider all 
comments received during the comment period. It may change this 
proposed rule in view of the comments.
    The Coast Guard plans no public hearing. You may request a public 
hearing by submitting requests to the address under ADDRESSES. The 
request should include the reasons why a hearing would be beneficial. 
If it determines that the opportunity for oral presentations will aid 
this proposed rulemaking, the Coast Guard will hold a public hearing at 
a time and place announced by a later notice in the Federal Register.

Background and Purpose

    The regulations in 33 CFR part 126 prescribe requirements for 
designated waterfront facilities that handle, store, and transfer 
hazardous materials to and from vessels. The regulations were written 
in the 1950s and have not been significantly updated. On September 4, 
1990, the Coast Guard published a final rule (55 FR 36252) amending 
part 126 to exclude its application to bulk liquid hazardous materials, 
other than certain liquefied gases. On August 3, 1995, the Coast Guard 
published a final rule (60 FR 39788) further amending part 126 to 
exclude its application to the remaining liquefied gases and to 
transfer the requirements for the control of liquefied hazardous gas 
transfers from 33 CFR 126.15(o) to 33 CFR part 127. As amended, part 
126 applies only to facilities handling packaged and dry bulk hazardous 
materials.
    On January 13, 1993, the Coast Guard published an advance notice of 
proposed rulemaking (ANPRM) (58 FR 4127) requesting comments on 
proposed changes to 33 CFR part 126. The Coast Guard received 11 
comments in response to the ANPRM and considered them in drafting this 
notice.
    The Coast Guard proposes to amend part 126 to better address the 
hazards and precautions necessary for packaged hazardous materials, 
which have changed significantly with the advent of containerization. 
This notice also proposes to incorporate up-to-date industry standards.

Discussion of Proposed Rule

    This proposed rule would set minimum safety standards for the 
operation of waterfront facilities transferring packaged and bulk solid 
hazardous materials to and from vessels. It would not preempt State and 
local governments from prescribing standards of their own.
    All measurements in this proposed rule are in Systeme International 
D'Unites (SI) units with the English measurement following in 
parentheses. The Omnibus Trade and Competitive Act of 1988 (Pub. L. 
100-418) designates the SI system as the preferred system of weights 
and measurements for United States trade and commerce. The American 
Society of Testing and Materials (ASTM) and the American Society of 
Mechanical Engineers (ASME) also support the conversion to metric 
standards.
    Section 126.01 would add definitions for the terms Break-bulk, 
Bulk, Container or freight container, and Transport unit.
    Section 126.03 would incorporate certain standards of ASTM and the 
National Fire Protection Association (NFPA) to prevent the creation of 
regulations which duplicate established industry standards.
    Section 126.12 would allow the local Captain of the Port (COTP) to 
examine alternative procedures, methods, or equipment standards to be 
used by an operator if a required standard is physically or 
economically impracticable, and if an equivalent level of safety can 
otherwise be provided.
    Section 126.15 would revise the current section to recognize the 
different requirements for container terminals and other designated 
waterfront facilities. Paragraph 126.15(a) would establish the 
requirements for those facilities handling break-bulk dangerous cargo, 
and paragraph 126.15(b) would establish the requirements for container 
terminals. Paragraphs 126.15(c) through 126.15(n) would apply to all 
designated waterfront facilities. In keeping with the Presidential 
Regulatory Reinvention Initiative (PRRI), many of the requirements in 
Sec. 126.15 would be replaced with industry standards; primarily, 
selected sections from NFPA 307, Standard for the Construction and Fire 
Protection of Marine Terminals, Piers, and Wharves, 1995.
    Paragraph 126.15(c) proposes requirements for fixed fire 
extinguishing equipment in accordance with NFPA 13, 14, and 307.
    Paragraph 126.15(d) would require all firefighting equipment 
locations on board the facility to be conspicuously marked so they 
could be immediately identified during a fire emergency.
    Paragraph 126.15(e) would require warning signs at the facility, 
ensuring standardization among all facilities to an established 
standard without further Federal government involvement.
    Paragraph 126.15(g) would require facilities that receive foreign 
flag vessels to have an international shore connection accessible for 
firefighting purposes. Foreign vessels often have fire main connections 
that are dissimilar to U.S. fire hose fittings. The international shore 
connection would make it possible to connect dissimilar fittings.
    Pargraph 126.15(h) would list controls that limit access to the 
waterfront facility. This would ensure safety of the facility from 
outside persons.
    Paragraph 126.27(b) would require the facility operator to notify 
the COTP if certain classes of hazardous materials are handled in 
excess of specified amounts. The regulations would revise the existing 
requirements by incorporating metric units of measurement and updating 
the dangerous cargo hazard class identifications.
    Paragraph 126.27(d). The Coast Guard was petitioned by industry to 
allow facilities to segregate dangerous cargo stored on the facility in 
accordance with Chapter 15 of the International Maritime Dangerous 
Goods (IMDG) Code. The

[[Page 57966]]

Coast Guard recognizes that the standards in 49 CFR 176.83 for vessels 
are essentially the same as those in Chapter 15 of the IMDG Code. The 
Coast Guard proposes to allow facilities to comply with 49 CFR 176.83 
because these regulations are readily accessible to regulated parties, 
and are recognized as common practice. These standards address the 
basic necessities of segregation, such as protecting products form 
moisture, fire, and interaction with incompatible materials. Packaging, 
labeling, placarding, and marking of dangerous cargo must meet the 
standards in 49 CFR parts 171 through 180.
    Section 126.30, as proposed, removes the requirement for facilities 
and vessels moored at the facility to obtain a hotwork permit from the 
COTP. To perform hotwork, they would be required to comply with NFPA 
51B. Liquefied Hazardous gas (LHG) facilities will continue to obtain 
hotwork permits from the COTP as required in Sec. 127.1603. The changes 
proposed in this NPRM will require updating of certain references in 49 
CFR part 176. At the time the final rule is published, the Coast Guard 
will coordinate conforming amendments with the Research and Special 
Programs Administration (RSPA) which has responsibility for that part 
of the CFR.

Incorporation by reference

    The material that would be incorporated by reference is listed in 
Sec. 126.03. The material is available for inspection where indicated 
under ADDRESSES. Copies of the material are available from the sources 
listed in Sec. 126.03.
    Before publishing a binding rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Regulatory Evaluation

    This proposed rulemaking is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. The Office of Management and Budget has not reviewed it 
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).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.

Costs

    The cost of compliance with part 126 to waterfront facilities 
affected by this proposed regulation ranges form $270 to $400 per 
facility for implementation. Compliance costs are comprised of the 
required purchases of warning signs for all facilities and an 
international shore connection for those facilities that conduct 
transfer operations with foreign flag vessels. (See Table 1).
    The implementation cost to industry is $175,274. If warning signs 
and international shore connections are replaced every 10 years, the 
discounted present value costs for year 2008 are $77,824. Total costs 
of this proposed rule are approximately $253,098.

                                         Table 1.--Implementation Costs
----------------------------------------------------------------------------------------------------------------
                                                                   No. affected      Cost per
                      Proposed requirements                         facilities       facility       Total cost
----------------------------------------------------------------------------------------------------------------
Warning Signs...................................................         \1\ 609        \2\ $270       $164,430.
International Shore Connections.................................          \3\ 88         \4\ 123          10,824
    Total Implementation Cost...................................  ..............  ..............         175,254
                                                                 -----------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ USCG Marine Safety Management System (MSMS) Data Base.
\2\ A.T. Kearney, Inc., ``Regulatory Impact Analysis of Waterfront Facility Hazardous Material Regulations'',
  Alexandria, VA (January 1994). Data adjusted for inflation.
\3\ Ibid., p. 5-7.
\4\ Ibid., p. 5-9.

Benefits

    The primary benefits to industry are the establishment of 
requirements that facilitate and foster industry compliance and improve 
safety methods. They are derived through the avoidance of costs 
incurred from vessel or property damage, and casualty incidents. The 
proposed requirements are expected to contribute to a higher level of 
marine safety.
    The dollar value of the direct benefits derived from this proposed 
rulemaking is difficult to estimate. However, because the proposed 
regulations are intended to better address the hazards and precautions 
necessary for packaged hazardous materials, avoidance of incidents 
involving handling, storing, stowing, loading, discharging or 
transferring of hazardous materials are anticipated to decrease in both 
number and severity. The Coast Guard reviewed MSIS data for incidents 
on waterfront facilities during the period 1993-1997. The data shows 
that annually, about 10 percent, or 62, of the waterfront facilities 
affected by this proposed regulation are involved in incidents of 
varying degrees. About 75 percent of these incidents are allusions, 
collisions, equipment and structural failure. Less than 1 percent of 
incidents is the result of fire. Property damages range from as low as 
$90,000 to a high of $1 million annually during the five-year period 
under examination. If the effectiveness rate of this proposed rule is 
only 10 percent of the average property damage costs incurred over a 
ten-year period, the anticipated benefits are expected to exceed the 
total cost.
    The Coast Guard also expects that removing the requirement to 
obtain a hotwork permit from the COTP, and adopting NFPA standards in 
its place, will reduce workload burden on both industry and the Coast 
Guard.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this proposed rule, if adopted, will have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and

[[Page 57967]]

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, will not have a significant economic impact on a 
substantial number of small entities, because although this proposed 
rule may have minimal impact on a limited number of facilities owned or 
operated by small entities, the estimated total implementation costs 
for these facilities are $10,215. Thirty-one general cargo terminals 
affected would currently qualify as small businesses. If warning signs 
and international shore connections are replaced every 10 years, the 
discounted present value costs for year 2008 are $4,536. The total 
compliance costs to small businesses are estimated to be $14,751. If, 
however, you think that your business or organization qualifies as a 
small entity, and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Act of 1996 (Pub. L. 104-121), the Coast Guard wants to 
assist small entities in understanding this proposed rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact the Vessel and Facility 
Operating Standards Division (G-MSO-2) at 202-267-6451.

Collection of Information (COI)

    This proposed rule provides for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3520). As defined in 5 
CFR 1320.3(c), collection of information includes reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of the respondents, and an estimate of the total annual 
burden follows. Included in the estimate is the time for reviewing 
instructions, searching existing sources of data, gathering and 
maintaining the data needed, and completing and reviewing the 
collection. The Coast Coast is currently requesting a revision of a 
current collection of information, under:
    Dot No.: 2115.
    OMB No.: 2115-0054.
    Administration: U.S. Coast Guard.
    Title: Handling of Class 1 (Explosive) Materials or Other Dangerous 
Cargoes within or Contiguous to Waterfront Facilities.

Summary of the Collection of Information

    The Coast Guard has prepared and will seek approval for this 
collection of information under proposed regulations for Handling of 
Class 1 (Explosive) Materials or Other Dangerous Cargoes within or 
Contiguous to Waterfront Facilities. This proposal contains collection 
of information as required in Sec. 126.15. Section 126.30 proposes to 
remove the requirement for facilities and vessels moored at the 
facility to obtain hotwork permits from COTP. This proposal does not 
remove the hotwork permit requirement found in Sec. 127.1603 for 
facilities handling Liquefied Hazardous Gas (LHG). A currently approved 
COI is revised to reflect the proposed requirement and reduction of 
this paperwork collection.
    Need for Information: Under Title 33 CFR 126.15(e), Coast Guard has 
the authority to require the posting of warning signs that meet the 
requirements of NFPA 307, Chapter 7-8.7.
    Proposed Use of Information: The Coast Guard will use this 
information to ensure that waterfront facilities are in compliance with 
safety standards.
    Description of the Respondents: Owners and operators or waterfront 
facilities handling explosive materials, LHG facilities, and other 
dangerous cargoes.
    Number of Respondents: 609.
    Reduction of Hotwork Permits Respondents: 675.
    Frequency of Response: The initial posting of warning signs, 
hotwork requests, and occasional inspection.
    Burden of Response: 15 minutes annually per facility for warning 
signs; and, 30 minutes per hotwork permit for designated LHG 
facilities.
    Estimated Total Annual Burden: An annual reporting and 
recordkeeping burden of 318 hours for both warning signs and hotwork 
permits requirements.
    As required by section 3507(d) of the Paperwork reduction Act of 
1995, the Coast Guard has submitted a copy of this proposed rule to the 
Office of Management and Budget (OMB) for its review of the collection 
of information. The Coast Guard solicits public comment on the proposed 
collection of information to (1) evaluate whether the information is 
necessary for the proper performance of the functions of the Coast 
Guard, including whether the information would have practical utility; 
(2) evaluate the accuracy of the Coast Guard's estimate of the burden 
of the collection, including the validity of the methodology and 
assumptions used; (3) enhance the quality, utility, and clarity of the 
information to be collected; and (4) minimize the burden of the 
collection on those who are to respond by allowing the submittal of 
responses by electronic means or the use of other forms of information 
technology.
    Persons submitting comments on the collection of information should 
submit their comments to the Coast Guard where indicated under 
ADDRESSES by the date under DATES.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. Before the 
requirements for this collection of information become effective, the 
Coast Guard will publish notice in the Federal Register of OMB's 
decision to approve, modify, or disapprove the collection.

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined the this proposed rule does not have sufficient implications 
for federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. 
L. 104-4, 109 Stat. 48), requires Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments, and the private sector. UMRA requires a written statement 
of economic and regulatory alternatives for proposed and final rules 
that contain Federal mandates. A ``Federal mandate'' is a new or 
additional enforceable duty, imposed on any State, local or tribal 
government, or the private sector. If any Federal mandates cause those 
entities to spend, in the aggregate, $100 million or more in one year 
the UMRA analysis is required. This rule does not impose Federal 
mandates on any State, local, or tribal governments or the private 
sector.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under Figure 2-1(34)(a) of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further

[[Page 57968]]

environmental documentation. This proposed rule concerns handling and 
storage procedures which, in themselves, would have no environmental 
impact. A ``Categorical Exclusion Determination'' is available in the 
docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 126

    Explosives, Harbors, Hazardous substances, Reporting and 
recordkeeping requirements.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 126 as follows:

PART 126--HANDLING OF CLASS 1 (EXPLOSIVE) MATERIALS OR OTHER 
DANGEROUS CARGOES WITHIN OR CONTIGUOUS TO WATERFRONT FACILITIES

    1. The authority citation for part 126 continues to read as 
follows:

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

    2. In Sec. 126.01, revise the section heading; and add, in 
alphabetical order, a definition for Break-Bulk, Bulk, Container or 
freight container and Transport unit to read as follows:


Sec. 126.01  Definitions.

    Break-bulk
    Means packages of dangerous cargo that are handled individually, 
palletized, or unitized for purposes of transportation as opposed to 
materials in bulk and containerized freight.
    Bulk means without mark or count and directly loaded or unloaded to 
or from a hold or tank on a vessel without the use of containers or 
break-bulk packaging.
* * * * *
    Container or freight container means or reusable container that has 
a volume of 1.81 cubic meters (64 cubic feet) or more, designed and 
constructed to permit being lifted with its contents intact and 
intended primarily for containment of packages (in unit form) during 
transportation.
* * * * *
    Transport unit means a transport vehicle or a freight container.
* * * * *
    3. add Sec. 126.03 to read as follows:


Sec. 126.03  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must 
publish notice of change in the Federal Register, and the material must 
be available to the public. All approved material is available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street NW., suite 700 Washington, DC, 20002, and at the U.S. Coast 
Guard, Vessel and Facility Operation Standards Division (G-MSO-2), 2100 
Second Street SW., room 1210, Washington, DC, 20593-0001, and is 
available from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, and the sections affected, are as follows:

            American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103:
    ASTM F-1121, International Shore connections for
     Marine Fire Applicants, 1987 Edition...............          126.15
               National Fire Protection Association (NFPA)
One Batterymarch Park, P.O. Box 9101, Quicny, MA 02269-
 9101:
    NFPA 10 Standard for Portable Fire Extinguishers,
     1998 Edition.......................................          126.15
    NFPA 13, Standard for the Installation of Sprinkler
     Systems, 1996 Edition..............................          126.15
    NFPA 14, Standard for the Installation of Standpipe
     and Hose Systems, 1996 Edition.....................          126.15
    NFPA 30, Flammable and Combustible Liquids Code,
     1996...............................................          126.15
    NFPA 51B, Standard for Fire Prevention in Use of
     Cutting and Welding Processes, 1994 Edition........          126.30
    NFPA 70, National Electrical code, 1996.............          126.15
    NFPA 307, Standard for the Construction and Fire
     Protection of Marine Terminals, Piers, and Wharves,
     1995 Edition.......................................          126.15

    4. Add Sec. 126.12 to read as follows:


Sec. 12612  What are alternative methods of compliance and how are they 
examined?

    (a) An owner or operator or a waterfront facility may submit a 
written request to the COTP for examination of an alternative method of 
compliance with any requirement in this part if--
    (1) Compliance with the regulations is economically or physically 
impractical; and
    (2) The alternative requested provides an equivalent level of 
safety.
    (b) The COTP will examine the request and provide an answer, in 
writing, within 30 days of receipt of the request.
    5. In Sec. 126.15, revise the section heading and paragraphs (a) 
through (n) to read as follows:


Sec. 126.15  What conditions must be fulfilled to be designated 
waterfront facility?

* * * * *
    (a) For break-bulk dangerous cargo not in transport units:
    (1) Arrangment of cargo, freight, merchandise or material. Cargo, 
freight, merchandise, and other items or materials on the facility must 
be arranged to provide access for firefighting and clearance for fire 
prevention in accordance with NFPA 307, Chapter 8-5.
    (2) Portable fire extinguishers. Each facility must have and 
maintain in adequate quantities, locations and types of portable fire 
extinguishers that meet the requirements of NFPA 10. These 
extinguishers must be inspected and maintained in accordance with NFPA 
10.
    (3) Electrical systems. All new electrical equipment and wiring 
installed on the facility must be of the kind specified by, and 
installed in accordance with, NFPA 70. All defective or dangerous 
electrical equipment and wiring must be promptly repaired, replaced, or 
permanently disconnected.
    (4) Heating equipment and other sources of ignition. Open fires and 
open-flame lamps are prohibited on the facility. Heating equipment must 
meet the requirements of NFPA 307, Chapter 9-4.
    (5) Maintenance stores and supplies. Hazardous material used in the 
operation or maintenance of the facility may be stored only in amounts 
necessary for normal operating conditions. These materials must be 
stored in compartments that are remote from combustible material; 
constructed to provide safe storage; and kept clean and free of scrap 
materials, empty containers, soiled wiping rags, waste, and other 
debris. Flammable liquids must be stored in accordance with NFPA 30, 
Chapter 4.
    (b) For dangerous cargo in transport units:
    (1) Terminal yards. Terminal yards must conform to the standard in 
NFPA 307, Chapter 5.

[[Page 57969]]

    (2) Containers. Containers packed with dangerous cargo shall be 
vertically stacked no more than four (4) high on the facility.
    (c) Fire extinguishing equipment. Each facility must have an 
maintain in adequate quantities, locations and types, fire 
extinguishing equipment such as automatic sprinklers, hydrants, hose 
connections, and a firefighting water supply in accordance with NFPA 
13, 14, and 307.
    (d) Fire appliance location markings. The location of all fire 
appliances such as hydrants, standpipes, hose stations, fire 
extinguishers, and fire alarm boxes must be conspicuously marked and 
readily accessible in accordance with NFPA 10, 13, 14, and 307.
    (e) Warning signs. Warning signs must be constructed and installed 
in accordance with NFPA 307, Chapter 7-8.7.
    (f) Lighting. If the facility transfers dangerous cargo between 
sunset and sunrise, then it must have outdoor lighting that adequately 
illuminates the transfer work area. This lighting must be installed and 
maintained in accordance with NFPA 70, and must be located or shielded 
so that it cannot be mistaken for an aid to navigation and does not 
interfere with navigation on waterways.
    (g) International shore connection. If the facility conducts cargo 
operations with a foreign-flag vessel, then it must have an 
international shore connection meeting ASTM F-1121.
    (h) Access to the facility. Whenever dangerous cargo is transferred 
or stored on a waterfront facility, access to the facility is limited 
to--
    (1) Personnel working on the facility or vessel;
    (2) Delivery and service personnel in the course of their business;
    (3) Coast Guard and other Federal, State, and local officials;
    (4) Local emergency personnel, such as police officers and firemen; 
and
    (5) Other persons authorized by the owner or operator of the 
facility.
    (i) Security measures. Guards must be stationed, or equivalent 
controls acceptable to the COTP must be used to: deter and detect 
unlawful entrance; detect and report fire hazards, fires, and releases 
of dangerous cargoes and hazardous materials; check the readiness of 
protective equipment; and report other emergency situations at the 
facility.
    (j) Coast Guard personnel. At any time, Coast Guard personnel may 
enter the facility to conduct inspections or board vessels moored at 
the facility.
    (k) Pier automotive equipment, trucks and other motor vehicles. 
When dangerous cargo is being transferred or stored on a facility, 
material handling equipment, trucks, and other motor vehicles operated 
by internal combustion engines must meet the requirements of NFPA 307, 
Chapter 9.
    (l) Smoking. Smoking is allowed on a facility where permitted under 
State or local law. Signs must be conspicuously posted marking 
authorized smoking areas. ``No Smoking'' signs must be conspicuously 
posted elsewhere on the facility.
    (m) Rubbish and waste materials. All rubbish, debris, and waste 
materials must be placed in adequate receptacles.
    (n) Adequacy of equipment, materials and standards. As used in this 
section, the word adequate means that determination which a reasonable 
person would make under the circumstances of a particular situation. If 
the COTP inspects the facility and determines that the equipment, 
materials or standards are inadequate, then the COTP must inform the 
owner or operator in writing and must provide an opportunity to correct 
any deficiencies.
    6. In Sec. 126.27, revise paragraphs (b) and (d) through (i) and 
add paragraphs (j) through (l) to read as follows:


Sec. 126.27   General permit for handling dangerous cargo.

* * * * *
    (b) The COTP must be notified before the following classes of 
dangerous cargo are handled, stored, stowed, loaded, discharged, or 
transported, in the net weight amounts specified, except when contained 
within railroad or highway vehicles being transported across or on the 
waterfront facility solely for transfer to or from a railroad car 
ferry, highway vehicle ferry, or carfloat:
    (1) Class 1, Division 1.3 and Division 1.5 (Explosive) materials, 
in excess of 36,400 kg (40 net tons) at any one time.
    (2) Class 2, Division 2.1 (Flammable Gas) or Division 2.3 (Poison 
Gas) materials in excess of 72,800 kg (80 net tons) at any one time.
    (3) A Class 7 (Radioactive) material in a highway route controlled 
quantity, as defined in 49 CFR 173.403.
* * * * *
    (d) Break-bulk dangerous cargo must be segregated in accordance 
with 49 CFR 176.83(a) through (c). No separation is required for break-
bulk dangerous cargo in limited quantity packaging.
    (e) Transport units, freight containers and portable tanks 
containing dangerous cargo must be segregated in accordance with 49 CFR 
176.83(a), (b), and (f).
    (f) Break-bulk dangerous cargo must be segregated from transport 
units containing dangerous cargo in accordance with 49 CFR 176.83(e).
    (g) Solid dangerous bulk cargo must be separated to prevent the 
interaction of incompatible materials in the event of an accident. 
Cargo not required to be segregated when in break-bulk form is not 
required to be segregated when in bulk form. Dangerous cargo in break-
bulk form must be segregated from solid dangerous cargo in bulk in 
accordance with 49 CFR 176.83.
    (h) Materials that are dangerous when wet (Division 4.3), water-
soluble oxidizers (Division 5.1), and corrosive solids (Class 8) must 
be stored in a manner that prevents them from coming into contact with 
water.
    (i) Corrosive liquids (Class 8) and liquid oxidizers (Division 5.1) 
must be handled and stored so that, in the event of a leak from their 
packaging, they would not come in contact with organic materials.
    (j) Dangerous cargo stored on the facility must be arranged in a 
manner that retards the spread of fire, such as by interspersing 
dangerous cargo with inert or fire retardant material.
    (k) Dangerous cargo stored on the facility, but not intended for 
use on the facility, must be packaged, marked, and labeled in 
accordance with 49 CFR parts 171 through 180, as if the material was in 
transportation.
    (l) Class 7 (Radioactive) material must be stored as specified in 
49 CFR 173.447.
    7. Add Sec. 126.30 to read as follows:


Sec. 126.30   What are the conditions for conducting welding and 
hotwork?

    Facility operators are responsible for all welding or hotwork 
conducted on or at the facility. Vessel operators are responsible for 
all welding or hotwork conducted on vessels moored to the facility. The 
COTP may require that the operator of a facility or a vessel moored 
thereto, to provide notification before any welding or hotwork 
operations are conducted. Any welding or hotwork operations must be 
conducted in accordance with NFPA 51B. The vessel or facility operator 
must ensure that the following additional conditions or criteria are 
met:
    (a) Welding or hotwork is prohibited during gas freeing operations, 
within 30.5 meters (100 feet) of bulk cargo operations involving 
flammable or combustible materials, within 30.5 meters (100 feet) of 
fueling operations, within 30.5 meters (100 feet) of explosives or 
15.25 meters (50 feet) of other hazardous materials.
    (b) If the welding or hotwork is on the boundary of a compartment 
(i.e., bulkhead, wall or deck), then an

[[Page 57970]]

additional fire watch must be stationed in the adjoining compartment.
    (c) Personnel on fire watch must have no other duties except to 
watch for the presence of fire and to prevent the development of 
hazardous conditions.
    (d) Flammable vapors, liquids or solids must be completely removed 
from any container, pipe or transfer line prior to welding or hotwork.
    (e) Tanks used for storage of flammable or combustible substances 
must be tested and certified gas free prior to starting hotwork.
    (f) Proper safety precautions in relation to purging, inserting, or 
venting must be followed for all hotwork on containers.
    (g) All local laws and ordinances shall be observed.
    (h) In case of a fire or other hazard, all cutting, welding or 
other hotwork equipment shall be completely shut down.

    Dated: October 13, 1998.
R.C. North,
Rear Admiral, U.S. Coast Guard,
Assistant Commandant for Marine Safety and Environmental Protection.
[FR Doc. 98-28842 Filed 10-28-98; 8:45 am]
BILLING CODE 4910-15-M